HomeMy WebLinkAbout5091 ORDINANCE NO. ��0 ,�
AN ORDINANCE of the City Council of the City of
Bremerton, Washington, making amendments to the zoning cvde in
Chapter 20.02 PrQject Permitting, Figure 20.40(a) Zoning
Designations, and Section 20.46.11 Q Adult Entertainment Business.
Amendments include general language modification to clarify
requirements for project permitting, aliow email as a standard
notification method, and to generally clarify code requirements.
WHEREAS, the City Council adopted Ordinance 4950 on November 30, 2005
establishing a new Zoning Code; and
WHEREAS, through practical use and application of the 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 Bremerton Municipal Cade (BMC), which requires
amendments to the Zoning Code to be bath consistent with the goals and policies of the
comprehensive plan and to be consistent with other City, State, and Federal codes, regulations
and ordinances; and
WHEREAS, these amendments are consistent with the City's Connprehensive
Plan, County Wide Planning Policies, The State Growth Management Act, and other city, state,
and federal codes regulations and ordinances; and
WHEREAS, on February I7, 2009 the PIanning Commission conducted a
workshop to determine the appmpriate approach for the amendments; and
WHEREAS, on June I, 20Q9 the proposed Zoning Code amendments were
circulated to the State Agencies for the requisite 60-day review and comment period and the City
received conformation on June 2, 2009 that the notice was received; and
WHEREAS, on June 6, 2009 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 June 16, 2009 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 June 3, 2009 a SEPA DNS was issued for the proposed action
with an administrative appeal deadline of June 29, 2QQ9 and no appea(s were filed; and
1 Zoning Code Ame�rdmertt
WHEREAS, on October 10, 2009 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 October 21, 2009 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,
WASI-IINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. The findings and conclusions adopted 6y the Planning Commission
attached hereto as Exhibit A are adopted and incorporated as if set forth fully herein.
SECTION 2. Section 20.02 in the Bremerton Municipal Code entitled "Project
Percnitting" is hereby amended as follows:
20.02.010 PURPOSE AND INTENT.
(a) Fandamental land use planning choices made in adopted Comprehensive Plans
and development regulations shall serve as the foundation for project review. This chapter
establishes how the City of Bremerton will process applications for project permits.
(b) These procedures provide for an effective processing and review of permits
consistent with Chapter 36.70B RCW. This chapter is applied in conjunction with Chapter 2.13
BMC (Administrative Hearing Examiner}; Chapter 17.04 BMC (City Building Code); Chapter
, 20.04 BMC (State Environmental Policy Act); Chapter 20.12 BMC (Shoi�t Subdivisions and
Flats); BMC Title 20, Division III; the Bremerton Shoreline Master Program; Chapter 20.14
BMC (Critical Areas}; and other applicable codes malcing reference to this chapter.
20.02.020 DEFINiTIONS.
Unless the context clearly requires otherwise, the definitions in this section apply �
tluaughout this chapter.
"City" means the City of Bremerton.
"Closed-record appeal" means an administrative appeal on the record on a project permit
application fotlowing an open-record hearing with no or limited new evidence or information
allowed to be submitted and only appeal argument ailowed.
"Days" means calendar days.
"Depai�tment" means Department of Comnnunity Development.
"Director" means the Director of the Department of Cammunity Developnnent of the City of
Bremerton or his/her designee.
"Hearing body" means the City Council, Hearing Examiner or any other body designated by the
City Council to preside over an open-record hearing or closed-record appeal.
"Hearing examiner" means the Administrative Hearing Examiner pursuant to Chapter 2.13 BMC.
"Open-record appeal hearing" means an open-record hearing held on an appeal when no open-
record predecision heazing has been held on the project permit application.
"Open-record hearing" means a hearing that creates the Csity's record through testimony and
submission of evidence and information, under procedures prescribed by the Csity by ordinance
2 Zoning Co�le Amendment
� or resolution. An open-record hearing held priar to the Caity's decision shall be known as an
"open-record predecision hearing." '
"Parties of record" means:
{1} The applicant;
�(2} The property tax payer as identified by the records avaitable from the Kitsap
County Assessor's Office;
(3} Any person who testified at the open-record public hearing on the application;
and/or
(4) Any person who submitted written comments during administrative review or has
submitted written comments concerning the application at the open-record public hearing
(excluding persons who have only signed petitions or mechanically produced farm letters).
"Project permit" or "project permit application" means any land use or environmental permit or
� license required from the Ceity of Bremerton for a project action, including but not limited to
building permits, site development permits, land use preparation permits, subdivisions, binding
site plans, planned unit developments, conditional uses, shoreline substantial development
permits, development plan review, site-specific rezones authorized by the Comprehensive Plan,
but excluding adoption or amendment of the Comprehensive Plan and development regulations,
zoning of newIy annexed land, area-wide rezones, and zoning map amendmen#s except as
otherwise specifically included in this subsection.
"Public zneeting" means an informal meeting, hearing, workshop, or other public gathering of
persons to ohtain comments from the pubIic or other agencies on a proposed project permit prior
� to the Csity's decision. A public meeting may include, but is not limited to, a design review
meeting, a special committee meeting, such as the short subdivision committee, or a scoping
meeting on a draft environmental impact statement. A public meeting does not include an open-
record hearing. The proceedings at a public meeting may be recorded and a report or
( recommendation may be included in the Ceity's project permit application file.
"SEPA" means the State Environmental Policy Act and includes the provisions of Chapter
43.21C RCW, Chapter 197-11 WAC and Chapter 20.04 BMC.
20.02.030 GENERAL PROVISIONS.
(a) Genei�al Exemptions. The following permits or approvals are exempt from the
procedures set forth in this chapter: �
(1) Landmark designations;
{2) Street vacations;
(3) Right-of-way/street use permits;
(4) Permits or approvals relating to the use of public areas or facilities;
(5) Permits or approvals involving the location or development of essential
public facilities or utilities;
(6) Project permits not listed in this chapter which are categorically exempt
from SEPA;
(7) Legislative actions such as the adoption of or amendments to the
Comprehensive Plan, subarea pians, area-wide map amendments, and deveIopment regulations.
(b) Applicable Procedures. The Director shall determine the proper procedure for the
processing of each project permit application pursuant to the provisions of this chapter. Disputes
3 Zoning Code Amendment
shalI be resolved in favor of the higher category. Type I is considered the lowest and Type IV is
the highest.
(c) Standard Consistency. The City reviews proposals for consistency to applicable
development regulations and the Comprehensive Plan. This determination includes consideration
of the following:
{1) The type of land use permitted, including uses that may be permitted under
certain circumstances, provided the criteria for their approval is satisfied;
(2) The density af deveiopment allowed such as units per acre or other
measures of density;
(3} Availabi[ity ancE adequacy of infrastructure, which includes public
facilities and services identified in the Comprehensive Plan; and
(4) Characteristics of the development such as development design standards.
(de) Conflict with Other Regulatians. When any provisions of this chapter conflict
with provisions of other City regulations, ordinances or resolutions, the more restrictive shall
appIy.
� (e� Severability. If any part or provision of this chapter or the application of these
regulations to any person or circumstances is adjudged invalid by any court of competent
jurisdiction, the judgment shall be confined in its operations to the part, provision, or application
directly involved in the controversy in which the judgment shall be rendered and it shall not
affect or impair the validity of the rezrzainder �f these regulations or the application of them to
other persons or circumstances.
� (�) General Notice Requirements. The available records of the Kitsap County
Assessor's Off ce shall be used to determine the property tax payer of record. AII notices shall be
deemed to have been provided or received on the date the notice is deposited in the maiI or
personally delivered, whichever occurs first. Faiiure to provide the public notice�as described in
this chapter shall not be �rounds for invalidation of a decision on a permit.
I (g�) Optional Public Notice. In addition to required public notice, the City may
provide notice to other individuals or organizations interested or possibly affected by the
proposal. Failure to provide optional pubIic notice shall not be grounds for invalidation of a
decision on a permit.
20.02.040 PR03ECT PERMIT PROCESSING PROCEDURES.
Project permit applications are categorized as Type I, Type II, Type IiI or Type IV project
permits. Permit processing procedures may include determination of completeness, notice of
application, notice of pubtic hearing and notice of decision. Applicable procectures for the
processing of permits are pursuant to the following provisions:
(a) Type I Project Permits. These are administrative decisions by the Director who
may approve, conditionally approve or deny the application. They include permits categorically
exempt from SEPA review or that have had SEPA review completed in connection with another
application or permit. Type I project permit processing procedures are set forth in Table 040
.Examples of Type I germits include: administrative code interoretations,
buildin�/construction/demolition permits (SEPA Exemnt), final short subdivisions, aermit
revocations. etc.
4 Zoning Code Amendment
(b) Type II Project Permit. These are administrative decisions by the Director with
limited public notice. The Director has the authority to approve, conditionally approve or deny
the application. Type II project permit processing procedures are set forth in Table 040_
Exam�les of Tvne II permits include: administrative conditional use permits. short plats/bindin�
site plans, site plan review (Reauirin��SEPA), building/construction/demolition nermits
(Requirin� SEPA), stand alone nonproject SEPA, etc. .
{c) Type III Project Permit. These are Hearing Examiner decisions. The Hearing
Examiner may approve, conditionally approve, or deny the applicatian. Type III project permit
processing procedures are set forth in Table 040_ . Exambles of Tvpe III
permits include: non-administrative conditional use permits, preliminarY formal subdivisions,
variances, etc.
(d) Type IV Project Permit. These are decisions by the City Council after an open or
closed-record hearing. The City Council may approve, conditionally approve, modify and
approve or deny the applica#ion. Type IV project permit processing procedures are set forth in
Table 040_ .Examples of Tvne IV permits include; site specific re-zones,
finaf formal subdxvisians, develonment a r� eements, vacation of subdivisions, etc.
e Table 440 Permit Processin Procedures:
Application Type Determination Notice of Notice of Notice of
of Apnlication Hearin Decision
Com leteness
o Tvae I Permit
No No No No
o Tvne II
p��xt Yes Yes No Yes
o Tvpe III
Permit Yes Yes Yes Yes
o Type IV
Permit Yes Yes Yes Yes
o Develoament
A reement No No Yes Yes
o Final
Subdivision' No No No No
o Site Specific
Rezone Yes Yes Yes Yes
o Stand Alone
Non-Pro'ect SEPA No No No No
� The hearings examiner holds an open record hearinQ�or preliminarv annroval. The
Citv Council makes a�nal decision at a public meetingi a second hearin� is not reauired.
Z the Hearin�s Examiner holds an onen record hearin� The Crty Council holds a closed record
hearin� for frnal anvroval.
20.02.050 PRESUBMITTAL APPLICATION CONFERENCE.
� 5 Zoning Code Amendment
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�a,� Purnose. The numose of the pre-application conference is to acauaint the
applicant with the review,procedures and applicable Brerzzerton Municipal Code provisians to the
proposal. Tvpe II. III and IV permits require a presubmittal application conference prior to
submittin� an application, Anvone choosing the consolidated permit p,rocess set forth in BMC
20.02.060 also requires a presubmitta! submittal application conference. Onl�one (1) meetin� is
required for all proiect nermit applications related to the same proiect actian.
� Waiver. The Director mav waive the reguirement for a�resubmitta! aovlication
conference when a propasal is determined not to be of a size and complexity to require a detailed
anal sis.
� Submission. Presubmittal application conferences mav be k�eld at anv time before
an application is submitted. A comp,leted form and related informatian in sufficient number of
co�es as determined by the Director are required. The information does not need to meet the
submission reauireznent set forth in BMC 20.02.060(b).
�d,� Timeline. The Cit�shall hold the presubmittal apnlication conference within thirtv
(30) davs of the receipt of a comuleted reauest, unless the applicant a�rees to an extension of this
time in writin�.
� Nonbinding. The presubmittal a�plication conference is not intended to be an
exhaustive review of all notential issues and the discussions shall not be bindin� or prohibit the
enforcement of anplicable laws. FaiIure to provide allpertinent information maYprevent the Citv
from identi ing all of the issues or providin� the most effective aresubmittal application
conference.
�f Lavse of Time. If a time lapse of more than one ( I) year occurs between a
presubmittal anplication conference and the submission for permits, or if the Director determines
the scope of the proiect has chan�ed si�nificantiv from the �resubmittal application conference, a
new conference ma�be required.
20.02.060A5A SUBMISSION REQUIREMENTS.
.,
{b�}-Application Contents. An application submitted to the department shall be ^~�
in a manner determined by the Ditector. Unless specified otherwise, an
application shall at least include the fotlowing:
(1) A completed application form;
I (2) A legal description of the property and associated tax account number�s�;
(3) A vicinity map showing the location of the property including sunounding
major streets, shorelines and ather reference points;
� (4} A site plan;
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(5) When required, mailing labels containing the names and addresses of all
owners of recard of parcels within the notificativn radius;
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6 Zoning Code Amendment
� (,,.6�) When required, SEPA checklist and/or other environmentaI
documentation;
I (78) Additional information required by the Director to support a deciszon on
the application{s);
� {89�) The application fee(s) for the permit(s) requested as set forth in Chapter
3.01 BMC or by other applicable rule or regulation.
j 20.02.07086A VESTING.
A project permit application shali vest in the Iand use regulations in effect on the land at
the time of submission of a completed project permit application as defined herein and all �
application fees are paid.
� 20.02.0808�8 OPTIONAL CONSOLIDATED PERMITTING PROCESS.
(a) An application which involves two (2) or more permits or procedures may have
the processes consolidated under the highest project permit classification and procedures. The
applicant shall request if they want their permit processes consolidated or if they want each
permit processed individualty.
(b} If a project involving two (2) or more permits has the permits processed
individualty, the highest project permit classification and procedures shall be finalized before
suhsequent permits can be issued. The Director may waive this requirement for permits not
dependent on the higher classification of permit for their justification or implementation.
� (c) Tf applicable a�4 singte open-record hearing and no more than one closed-record
appeal shall be provided on a consolidated review process. The consotidated process may
combine an open-record hearing on one or more permits with an open-record appeal hearing on
the other permits.
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20.02.090 DETERMINATION OF COMPLETENESS.
When review procedures reQuire a determination of completeness, the following shall
apply:
(a) Determination. Within twenty-eight (28) days of accepting the application,
the department shall provide a written determination to the applicant, stating that:
(1) The application is complete; or
(2) The application is incomplete and what is necessary to make the
application complete.
To the extent known, the City shall identify other agencies of local, state or federal
governments that may have jurisdiction over some aspect of the application.
(b) Failure to Notify. Failure to provide a written determinatian within the required
time shall automatically deem the application complete.
(c) Processing. A complete application rrieets the submission requirements set forth in
I BMC 20.02.060�59(b) and is sufficient for continued processing. The determination of
completeness shall not preclude the City from requestin� additional information or studies either
at the time of the notice or subsequently if new information is required or substantial changes in
the proposed action occur. Should additional information be reguested, the applicant shall have
ninety (90) davs from the date notified to submit the requested materials. Should the materials
not be submitted within the time limits, the a.pplicatian shall lanse.
(d) Incomplete Application. An incomplete appiication shall have ninety (90) days
from the date of the written determination in subsection (a)(2} of this section for the necessary
information to be submitted. If the applicant either refizses in writing or does not submit the
required information within the time limits, the application shall lapse.
(e) Review of Additional Information. When additional information for an
incomplete application is received, the City shall notify the applicant within fourteen (14) days of
receipt of the additional information whether the application is complete or what additional
information is necessary.
(� Review Timeline. Following the date an application is determined complete, the
date shatl be noted and the one hundred twenty (I20) day official review period to render a
decision shall begin.
20.02.100 NOTICE OF APPLICATION.
When review procedures require a notice of application, the following shall apply:
(a) Timeline. The notice shall be provided within fourteen (14) days after the
determination of completeness is issued.
(b) Content. The notice of applicatian shall include the following:
(1) The file number assigned;
(2) The date of application, date of the notice of completeness, and the date of
the notice of application;
(3) A description of the proposed project action and a list of permits included
with the application and, if applicable, a list of requested studies;
9 Zoni�:g Code Amendme�it
(4) Identification of known permits not included with the application;
(S) Identification of existing environmental documents that evaluate the
proposal;
(6) The location where the application and any studies can 6e reviewed;
(7) A statement of the pubIic comment period and which shall not be less than
fourteen (14) or more than thirty (30) days;
(8) A statement of the rights of any person to comment on the application,
receive notice of and participate in any hearings, request a copy of the decision and any appeal
rights;
! (9) Any other information determined appropriate by the Ceity.
(c) Lega1 Notice. Notice shall be provided in the following manner as applicable:
( (1) Mail. The notice shall be sent by email, first class or higher mail to the
following:
(i) The applicant;
(ii) Affected Ceity D�epartments;
(iii) State, federat and [ocal agencies with jurisdiction;-a�
iv For Type III Permits mailed notice shall also be sent to all nroperty
owners of real propertv (As shown bv the records of the Kitsap Countv Assessor's Office) within
three hundred (300) feet of the subiect property. Where anv,portion of a nropertv abuttin� the
subject vrouertv is owned, controlled, or under the option of purchase bv the apnlicant, all
propertv owners within a three hundred (3001 £oot radius of the total ownership interest shall be
notified: and
(tv) Any person who requests such notice in writing to the Department.
(2) Posting of the Property. Notice shall be posted according to the following:
(i) At least one {1) location on ar adjacent to the subject property and
that shali be clearly visible and legible from an adjacent street or public area;
(ii) The Director sha11 determine the specifications to the construction
and installation of the notice boards.
{3) Publishing Notice. A published notice in the City's official newspaper of
general circulation within the City boundaries is required. The content shall include the
following:
{i) Project location;
(ii) Project description;
(iii) Type of permit(s) required;
(iv) Comment period and dates;
(v) Location where the complete appiication may be viewed.
(d) Integration of Notices. The City will integrate the notice of application with SEPA
review whenever possibie. Notification for a notice of application should be combined with the
notification for threshold determination and the scoping for a determination of signif cance
whenever possibie.
{e) Issuance of Decisions. Except for a threshold determination, the City may not
issne a decision or a recommendation on a permit until the expiration of the public comrnent
�eriod.
(� Public Comnnents. Comments shall be as specific as possible. Comments shall be
received by the last day of the comment period specified in the notice. If no comments are
I O Zoning Code Amend»�ent
( received by the date specified in the notice from an affected Csity D�epartment or agency with
jurisdiction, which notification was sent to, then it is presumed that the department or a�ency has
no comments.
20.02.110 NOTICE OF HEARING.
When review procedures require a notice of hearing, the following shall apply:
(a) Notice Integration. A notice of hearing is rec}uired for public hearings. A notice of
hearing may be integrated with the notice of application.
(b) Notice Content. A written notice of hearing shall contain the foIlowing
information: �
(1) The name of the applicant or designated contact;
(2) A description of the affected property {not including any legal
description); '
(3) Project sunnmary/description of each project permit application;
(4) The application/project file number;
(5) The date, time and p(ace of the hearing;
(6) A statement that all interested persons may appear and provide testimony;
(7) A statement where information may be examined or obtained and the staff
contact and phone nurnber;
(8) A statement how written testimony or comments may be submitted;
(9) The SEPA threshold determination along with any appropriate statement
regarding any shared or divided lead agency status and phased review, and stating the end of any
final comment period;
(10) The deadline (date, time and place) for submitting a SEPA appeal;
(11) A statement regarding any administrative appeal process including SEPA
appeal.
� Proiect Permit Notification. Notification for a hearin� on a nroiect permit shall be
provided in the followin�; manner as applicable:
�1,� Mail. The notice shall be sent bv email, first class mail or higher to the
followin�:
� The annlicant;
ii All propertv owners of real prot�ertv (as shown by the records of
the Kitsat� Countv Assessor's Office) within three hundred 3001 feet of the subject propertv.
Where an�portion of a proqertv abuttin� the subject pro,perty is owned, controlled, or under the
option of purchase bv the applicant, ail,pro,perty owners within a three-hundred (300} foot radius
of the total ownershin interest shall be notified
iii Any person providin� a written request to the Department.
� Preliminarv Plat. When adjacent to the right-of-wa� of a state hi�hwav, or
within two (21 miles of the boundary of a state or municipal airnort, mailed notice shall be i� ven
to the Secretary of Transportation. who has fif�een (15) davs to respond.
�3,� Postine of the 1'ronertv. The notice shall be posted in the same manner and
Iocation(sl as the notice of application set forth in BMC 20.02.100(c)(2).
� Publishing Notice. A published le,gal notice in the Citv's off'icial
newspaper of �eneral circulation within the Citv boundaries is required. The content of the
published notice shall include the followin� information:
11 Zoning Code Amendmerit
� Project location:
ii Project description;
iii T Ay, e ofpermitls) reQUired;
iv Comment period and dates:
,� Location where the complete application mav be viewed.
� Notice Deadlines. Notice sha41 be �iven at least ten (101 davs before the hearin�
date except:
� Shoreline permits nursuant to WAC 173-27-110(3) shall 6e aiven at least
fifteen (15) days.
� An integrated notice of hearin� and notice of application shall be iven at
least fifteen (15) davs.
� An inte�rated notice of hearin� and notice of a SEPA threshold
determination shall be g;iven at least fifteen (15) davs.
�,e,Z Continuation of Hearin$. Continued hearin�s do not require additional notices of
hearin .
(e� Appeal Notification. Notification far a hearing on an open-record or closed-record
appeal shall be provided in the following manner:
� (1) Mail. The notice shall be sent by email, first class mail or higher to the
following:
(i) The applicant/appellant;
(ii) Parties of record;
(iii) Affected agencies;
(iv) Parties requesting notice; and
(v) Other persons whom the department believes may be affected by
the action.
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12 Zoni�ig Code Amendment
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(g) Additional Procedures. In addition to the procedures contained in this chapter, the
Department may develop general procedures for notification, including mailing packets and the
format of the notice and an affidavit of posting/mailing form to be filled out by the party doing
notice.
20.02.120 JOINT PUBLIC HEARING.
A hearing on a project permit application may be combined with any other hearing on the
action held by another local, state, regional, federal, or other agency pursuant to RCW
36.70B.110 as currently enacted or hereinafter amended.
20.02.130 NOTICE 4F DECISION.
The Director, the Hearing Examiner or the City Council issues a decision at the
conclusion of applicable project permit review. The notice of decision may be included as part of
the decision or praject permit.
� (a} The Ceity shall provide a notice of decision. The notice shall include a statement
of any threshold determination made under SEPA and the procedures for appeal if a consolidated
notice was not given under BMC 20.02.110(e){3).
(b) Notification. Notification shall be provided in the following manner as applicable:
� (I) Mail. The notice shall be sent by emaiI, first class mail or higher to the
following:
(i) The applicant;
{ii) Any person who, prior to the rendering of the decision, requested
notice of the decision in writing to the Department, or who submitted substantive comments on
the application; and
(iii) Kitsap County Assessor's Office.
13 Zoni�tg Code Amen�lment
�
(c) Notice Contents. The notice may include a copy of the report of decision on the �
project permit application; and shall include, when available, the SEPA threshold deteemination,
the permit decision, the conditions of approval or where they may be viewed by the public, and
the general procedures and time limits to file an appeal.
{d) Change of Valuation. The notice shall state that affected property owners may
request a change in valuation for property tax purposes notwithstanding any program of
revaluation.
(e) Titnelines. The notice shall be issued within one hundred twenty {120) days after
� the Csity notifies the applicant that the application is complete pursuant to BMC 20.02.090,
except as follows:
(1) The Director makes written findings that a specified amount of additional
time is needed for processing the application; or
(2) A permit or approval involving the location or development of important
public facilities or utilities, or related to the use of public areas or facilities, for public putposes
may be excluded from the one hundred twenty (120) day time limit upon a determination of the
Director that special circumstances warrant a longer process.
� ( fl Extension of Timelines. If the Csity is unable to issue its �nal decision on a
project permit application within the time limits provided for in this chapter, it shall provide
written notice of this fact to the parties of record. The notice shall include a statement of reasons
why the time limits were not met, and an estimated date for issuance of the notice of decision.
(g) Tizxxeline Exclusion. The one hundred twenty (120) day time limit shall exclude
any of the following:
(1 } Any period an applicant takes to pravide additional information, perform
studies or provide corrected plans requested by the City.
(2) Any period where the City determines that submitted information is
insufficient or incorrect, and has requested the appiicant provide the necessary information.
(3) Any period an environmental impact statement (EIS} is being prepared
including scoping and preparing the draft and final EIS.
(4) Any period for administrative appeals and any period for reconsideration
of decisions of the Hearing Examiner made on project permit applications. The period for
cansideration and decision on appeals shall not exceed:
(i) Ninety {90) days for an open-record appeaI hearing; or
(ii) Sixty (60) days for a closed-record appeal.
(iii) The parties may agree to extend these periods.
� (S) Any extension of time mutually agreed upon by the applicant and the City.
� (6) All excluded periods are calculated from the date the Ceity notifies the
applicant to when the information satisfies the City's requirement.
(7) When the applicant submits the requested information, the Ciry shall have
fourteen (14) days to deternnine if it is satisfactory. If the information is not satisfactory, but the
City fails to notify the applicant within the time limit, the information shall be deemed
satisfactory.
14 Zoning Code Amendment
(8) The time limits established in this section do not apply if a project permit
application:
(i) Requires an amendment to the Comprehensive Plan or a
development regulation; or
(ii) Requires approval of the location of an essentiai public facility as
provided in RCW 36.70A.200; or
(iii) Is substantially revised by the applicant, in which case the period
shall start from the date at which the revised project application is determined to be complete.
� (h) Liability. The Ceity is not liable for damages due to the Ceity's failure to make a
final decision within the time limits established in this chapter.
20.Q2.140 APPEALS.
(a) General.
(1) Those Iand use and devel4pment decisions that are subject to appeal shall
become final unless an appeal is filed within the designated time to file an appeal.
(2) The appellant shall hear the burden of proving the administrative decision
was not supported by substantial evidence.
(3) Appeal of Type I or Type II project permit final decisions shall be to the
Heazing Examiner. Appeals shall he filed within fourteen (14) days following the issuance of the
- notice of decision. A decision involving a SEPA determination of nonsignificance which
required pubiic comments shall have the appeal period extended an additional sevez� (7) days.
(4) Administrative appeal of a SEPA threshold determination is to the Hearing
Examiner pursuant to Chapter 20.04 BMC and subsection (a)(3) of this section.
(5} AppeaI of Type III or Type IV project permit final decisions shall 6e to
Kitsap County Superior Court pursuant to Chapter 36.70C RCW. Appeals shall be filed within
twenty-one (21) days following the issuance of the notice of decision.
(6) Final decision relating to the Bremerton Shoreline Master Program may be
appealed as follows:
(i) Director decisions and Type II shoreline permits may be appealed
to the Hearing Examiner pursuant to subsection (a)(3) of this section or may be appealed directly
to the Shoreline Hearings Board pursuant to RCW 90.58.184.
(ii} Hearing Examiner decisions may be appealed to the Shoreline
Hearings Board by filing a petition for review within twenty-one (21) days of the date of filing
pursuant to RCW 90.58.140(6).
(b) Standing to Appeal. Only parties of record with standing may initiate an appeal.
Standing constitutes the following:
(1) For Type I project permits, only the applicant has standing.
(2) For project permits not Type T, the following have standing:
(i) Applicant;
(ii) Anyone who participates in the public hearing; or
(iii) Anyone who submits written comments in response to a legal
notice within the required time limits.
(c) Filing an Appeal. Administrative appeals are filed by submitting a form provided
by the Department. The appeal must be received by 5:00 p.m, on the last day of the appeal
period. Appeals may be mailed, faxed or delivered to the Department.
15 Zoning Code Amendment
{d) Timing of Decisions.
(1) An open-record appeal shalI be decided within ninety (90) days from the
date the complete appeal was filed.
(2) Should an occasion arise that would require a closed-record appeal
hearing, such an appeal shail be decided within sixty (60) days.
(e) Computation of Time. For purposes of cotnputing the time for �ling an appeal,
the day the decision is rendere@ shall not be included. The last day of the appeal period shall be
included unless it is a Saturday, Sunday, a day designated by RCW 1.16.050 or by the City's
ordinances as a legal holiday, then it also is excluded and the filing must be completed on the
next business day.
(� Content of Appeat. An administrative appeal shall not be accepted unless it is
written, accompanied by the required appeal fee, and contains at least the following information:
(1) Appel lant's name, address and phane number;
(2} Appellant's statement describing his or her standing, as a party of record,
to appeal;
(3) Identification of the application which is the subject of the appeal;
(4) Statement of grounds for appeal and the facts upon which the appeal is
based;
(5) Statement of the relief sought, including the specific nature and extent; and
(6} A statement that the appellant has read ihe appeal and believes the
contents ta be true, foliowed by the appellant's signature.
{g) Effect. The timely filing of an administrative appeal shall stay the effective date of
the decision until the appeal is either decided or withdrawn.
(h) Notice of Appeal. The Director shall provide public notice of the appeal as
provided in BMC 20.02.110(c).
20.02.150 DESIGN REVIEW.
Buildin�s that aze pr�osed for construction in areas having adonted desisn �uidelines are
subiect to review and recommendation bv the Desi�n Review Boaxd lBoardl. For anv
develonment activity that reauires Board review, the a,pplicant must complv with the provisions
of this section before a building permit can be approved, as foilows:
� Public Meetin�s. All meetines of the Board shall be open to the nublic but are not
subiect to the reauirements of the Onen Public Meetin�s Act, Chapter 42.30 RCW.
� Conceptual Design Conference. Before submittin� a buildin� permit application,
the anplicant shall attend a concentual desi�n conference with the Board. The conference will be
scheduled bv the Director to occur within thirtv (30) days of written request by the apAlicant. The
purpose of this conference is to provide an opp,ortunitv for the applicant to discuss the project
concent with the Board in the earl��es of the proiect develonment and:
� Ta review areliminarv sketches of the desi ni proposal presented bv the
applicantti
� To discuss how the desisn Quidelines p„erkain to the pronosed
develonment:
�3,� For the Desi�n Review Board to desi�nate which desi�n guidelines a,pplv
to the nroposed development based primarilv on the location and nature of the nroposed
development; and
16 Zoning Co�le Amendmeiat
� Other application materials the a,�plicant will need to submit with the
design review appIication.
� Application. Followin� the conceptual desi�n conference. the anvlicant mav then
submit a buildin�permit application to the Department. The application shall include all
documents and exhibits reauired for the application. as well as all nnaterials reauired as a result
of the concentuai desi�n conference.
� Public Notice. On determination of a complete application for a buildin� oermzt
requirin.,g� desi�n review, the Director shall schedule a desi�i response conference with the Board
to occur within sixtv (b0) calendar davs. The Director shail p,rovide public notice of the desi�n,
" resnonse conference ner the reauirements of BMC 20.02.100.
� Design Response Conference. The design response sta�e allows the Board to
review the desi�n plans andprovide direction to the apnlicant on issues to be resolved for final
approval. The aoalicant shall present the pronosed proiect and demonstrate its consistencv with
the design guidelznes as discussed in tk�e conceptual desi�� conference to the Board. The Board
will consider the information nresented and make a fortnal recommendation to the Director for
proiect approval, anbroval with conditions, or denial. The Board mav continue the conference if
necessarv to �ather additional information necessarv far its recommendation. If the conference is
continued to a specific date, no further �ublic notice is reauired: otherwise notice of continuance
shall be mailed to all narties�articipatin� in the design resgonse conference.
f� Approval. Approval of a buildingpermit that is subiect to Board review is a Tvpe
IT Director decision; however, the Board's recommendation shall hold substantial wei�ht. After
reviewin t�Board recommendation, the Director may grant, denv or conditionally annrove an
ap lp.ication for the nroQosed develo,pment. Anv deviation from the Board's recommendation shal!
be documented in the Director's findings and conclusions. The decision of the Director�mav be
appealed per the provisions of BMC 20.02.140.
20.02.160�A DEVELOPMENT AGREEMENT REVIEW PROCEDURES.
(a) The City may enter into a development agreement with a person having ownership
or controI of real property within its jurisdiction or outside its boundazies as part of a proposed
annexation or a service agreement. A development agreement sets forth the development
standards and other provisions that shall apply to and govern and vest the development, use, and
mitigation of the development of the real property for the duration specified in the agreement.
(b) A determination of completeness, notice of hearing and a notice of decision are
required pursuant to the provisions of this chapter. The one hundred twenty (120) day time limit
for the notice of decision shall not apply io a development agreement.
(c) When a request for a development agreement is consolidated with a Type III or IV
project permit, the public hearing shall be consolidated with the open-record hearing on the
permit before the Hearing Examiner. The Hearing Examiner shail make a recommendation to the
City Councii on the development agreement and approval of the project permit shall be
conditioned on City Council approval of the development permit.
(d) The City Council may approve a development agreement by ardinance ar
resolution only.
I 20.02.170�b6 PLANNED ACTIONS.
17 Zoning Code Amendment
A planned action is defined in WAC 197-11-164 as one or more types of project action
that has had significant environmental impacts adequately addressed in an environmental impact
statement (EIS} prepared in conjunction with the Comprehensive Plan, subarea plan, fully
contained corr►munity, a master planned resort, a master planned development or a phased
project.
(a) A praject action addressed in a planned action does not require an environmental
checklist or threshold determination, but may require the checklist for review to mitigate
environmental impacts through the site plan review process.
(b} To qualify, a project action shall:
(1) Be subsec{uent to or implementing projects in a Comprehensive Plan, subarea
plan, fully contained community, a master planned resort, a master planned development or a
phased project;
(2) Be located within the City's adopted urbxn growth areas;
(3) Be consistent with the Comprehensive Plan;
(4) Not be an essential public facility, as defined in RCW 36.70A.200.
(c} The City Council shall designate and approve by ordinance a planned action. The
ordinance:
(1) Shall describe the type(s) of project action being designated as a planned
action;
(2) Shall describe how the planned action meets the criteria in subsection (b)
of this section, including specz�c references to the EIS;
(3) Shall include findings tha.t the environmental impacts have been identified
and adequately addressed in the EIS, suhject to project review under WAC 197-11-172;
(4) Should identify any specific mitigation measures other than applicable
development regulations that must be applied to a project for it to qualify as a planned action.
(d) The planned action may be limited to ce�tain types of development, to specific
geographical areas of the City, and/or a time period identified in the EIS, plan, ordinance or
resolution.
(e) Review of a project proposed as a planned action is intended to be simpler and
more focused than for other projects. Review of the project shall include:
(1} Verification that it meets the description and implements any applicable
conditions or mitigation measures identified in the designating ordinance or resolution;
(2) Verification that the proposed significant adverse environmental impacts
of the project have been adequately addressed in the EIS.
( fl Nothing in tt►is section limits the City from usin� applicable law to place
conditions on the project in order to mitigate nonsignificant impacts through normal project
review and permitting processes.
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18 Zoning Co�le Amendment
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SECTIUN3. Figure 20.40(a) in the Bremerton Municipal Code entitled "Zoning
Designations" is hereby amended to add the South Kitsap industrial ,A.rea into the chart as
follows:
The following figure lists the Bremerton Comprehensive Plan Land Use Map
designations with corresponding BMC Title 20, Land Use, implementing zoning districts.
�igure 20.40(b) COMPREHENSIVE PLAN/ZONING CONSISTENCY
COMPREHENSIVE PLAN IMPLEMENTING ZONING DISTRICTS
DESIGNATION
Low Density Itesidential (LDR) �,pµr Density Residential (Ct-10)
Open Space (OS)
Core Centers Supporting Residential City Core ResidentiaE (CCR)
(CCSR}
Neighborhood Centers (NC) Low Density Residential (R-IO)
Neighborhood Center Core (NCC)
District Centers (DC) Low Density Residential (R- [ 0)
District Center Core (DCC)
Employment Center (fiC)
Employment Center (EC) Master Development {MD)
Institutional ([NST)
Low Density Residential {R-10)
Commercial Corridor (CC)
Business Core (BC)
Downtown Core (DC)
Downtown Regional Center {DRC) Downtown Waterfront (DW)
MultipEe Residential (MR)
Neighborhood Business (NB)
Limited Commercial (LC)
Low Density Residentia! (R-10)
� Manufacturine and Industrial Center (M1C} [ndustrial (I)
Commercial Corridor (CC) Commercial Corridor {CC)
Wheaton Way Redevelopment Corridor �Iyheaton Way Redevelopment Corridor (WWRC)
(WWRC)
Freeway Corridor (FC) Freeway Corridor (FC)
Neighborhood Business (NB) Neighborhood Business (NB)
Limited Commercial (LC) Limited Commercial (LC)
[ndush•ial (I) industrial {I)
Industrial Park (IP) Industrial Park (IP)
22 Zoning Code.4mendment
Marine industrial (MI) Marine Industrial (MI)
Higher Education (HE) [nstitutional (INST)
Low Density Residential (R-l0)
Public Sector Redeve[opment Site (PSRS) Master Devetopment (MD)
Institutiona! (INST)
Transportatian, Utilities and Public [ndusd•ial Park (IP)
Facilities (TUPF) City Utility Lands (CUL)
City Utility Lands (CUL) City Utiliry Lands (CUL}
Watershed Lands (WS) Watershed Lands (WS)
Reserve Center (RC) (Overlay) Per the imptementing zones of the underlying
Comprehensive Plan designation
Homeport - PSNS PSNS
Industrial Support - PSNS
SECTION 4. Subsection 20.46.110 in the Bremerton Municipal Code entitled "Aduit
Entertainment Businesses" is hereby amended to clarify the allowed locations of such businesses
as follows:
20.46.110 ADULT ENTERTAINMENT BUSINESSES.
This section regulates the location of adult entertainment businesses. The puipose of
these regulations is to reduce conflicts between adult entertainment businesses and other land
nses. The intent is to protect the City from the blighting impacts of concentrations of adult
entertainment businesses while assuring the full enjoyment of all the constitutionally guaranteed
rights of the general public.
(a) Location of Aduit Entertainment Businesses.
(1 } Adult entertainment businesses as defined in subsection (c) of this section <
are prohibited within the area circumscribed by a circle which has a radius of five hundred (500)
feet from the following specified uses or zones:
(i) Any zone in which residential use is listed as a principal use.
(ii) Any public or private school.
(iii} Any day care facility as defined in BMC 20.42.040.
(iv} Any worship, religious, or church facility as defined in BMC
20.42.040.
(v) Any public park.
(vi) Any se���t�e� center desi�nated within the Comprehensive
Plan.
(vii} Any public library.
(2} The distances provided in this section shall be measured by following a
straight line, without regard to intervening buildings, fi•om the nearest point of the property or
parcel upon which the proposed use is to be located, to the nearest point of the parcel of property
or the land use district boundary line from which the proposed land is to be separated.
(3) Violation of the use provisions of this section is declared to be a public
nuisance per se, which shall be abated by the City Attarney as authorized under state law or the
City code.
23 Zoning Code Amendment
(4,) Nothing.in thi� sectian is intended to authorize, l�galize, or �rmit th�-
establishment, operation, or�maintenance any business, buil�dimg, use which �iolates any city
code or statute ofthe state regarding public nuisances; sexual eonduct; lewdness, or ob�en� or
harmful matter or the-exhitiition ar,�public display thsreof,
SE'CT1�1NS. Severability. If any ane�or mar�` sections, sub-sectivns,.o"r
sent�'nces�ofthis a!rdina.ace are�held.to be uiiconstitufional or�invalitl, suchrde,cisian�shall�n�t
�affect the validity of �lie�r.einaining partion:af this Urdinance.and t�ie satrie shall remain in° fixll
force and effe+ct.
SECTI0IV"6 Eff'ectzve Date: This ordinance, shall tal�e effect an�i be in force #�ri
(I O) days from and `after its passage,. approval and.puF�lication as pravided by law,
Y tY ��.�day,of - �. c���� 2�09
PASSED b th� Ci Council tli� ,
i�..�r����r .
G. �'�`.7 ' °t,.�,
���n. ���Q�� �, C(JUTIGI� �i'� C�011t'
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�PProved this _�� day of _K���.�_� , 2f109
� ��O �°°
�-��f��
CECIL MCCC�Nt�t �, L, IVI`ayor Protempore
ATTEST: APPROVED AS TO FORM:
f `� ` -
CAROL E G 1`�, City erk �� RO: ER A. �L � OVICH, '
PLIBL.ISHED the„� day of �';�a,�,��+:,� �} , ZOa9 W�
EFFECTIVE the ,��-'; , day of_� ,�..��;r�.,� .,��.� , 2U49
ORDINANCE NC). ;���}�� •
24 Zaning �Code Amendment
R:1Lega1\Legall0rdinances\Community Development12009 Zoning Code amendments.doc
. 25 Zo»ing Code Amenrlment
Exhibit A
FINDINGS AND CONCLUSiQNS
{�F THE CtTY OF BREMERTaN PLANNtI�G CQIUIMISSION
Summary:
There are thraQ groups af amendments proposed to the F3reme�fon Municipa! Code
(8MC} Title 20 (generafly referred to as the "zoning code").
The amendrnents are as follaws:
1) Updates #0 20.02 Project Permitting;
The �ity has establtshed specific requirements for praject permiiting to ensure
applicatior�s are �eviewed in a comprohensive and timely fashion. The primary goai of
the�e re+�isians (s to provide the reader a more clear and precise outtine of the project
permit#ing requirements and to idontify technotagicai advances such as ernail as an
�cGeptabie forrn of communication,
2} 20.40 Figure B Com�reh�:nsive P1an J Zoning consistency:
Th� City recent�y �nnexed the South Kitsap Industrial Area (SKIA) and creatad a
Comprehensive Desic�nati�n o# Manufacturing and Ir�t�ustria! Cent�r. This new
t4esignation needs to be adde�i to the t�ble within the zoning code to ideniify the
corr�sponding zoning c�esignatfon, which is industrial.
3) 20.46.11 U Adul# Entertainrrtent Business:
Currently the code prohibits Adult Entertainment Businesses in community and
neighhorhoad conters, hawevgr �anguage in th� code is nat r.lear and needs
modificat+an to clarify the meanin� of comrnunity ar neighborhoad center, as they are
currently �nde�ned in tha zoning �ode.
"Text Am�ndments" dir�cts s�aff ta bring arnendments that r�sult in any substantive
chango to a public hearing by the Planning Commissior� and ttyen to City Counci! for
review and adoption Planning Comrnission conducted a Public Hearing on Au�ust 19,
?_008 and made a recammendation to approve the prvposed arnendments ta the Zaning
Co�fe.
1. FINDINGS OF FACT
1. Project Description:
Amca��ments to the BMC Chapter 20.a2 include the following:
. Gen�ral hausekPeping> such as capit�lization, removal of duplica#ion, and
arganizatlan throughout the chapior,
. SimpHficatiGn af tab�es by romoving duplicative language &�rrors
• Updatc� Notice af AppiiG�tion requirements to include 300' neighborhood mailing
� requirAment for typo ll l permits
• Add timelines for application revisions
• Add ernail as an acceptaUle notification format
f Remo�e p�tblis�ing r�quirement �or Notice of Decision
Exhibit A
{Vfinor housokeeping amendments:
• Revise BMC 2Q.40 Figure (b� to include f�ianu#acturing and lndus#riai Center
C�mpr�;hensive Plan designatipn with lndustrial as th� zoning designatir�n
• Revis� BM� 20.��6. � 10 to clarify the meansng af community �nd neight�orhoad
centor
On June 16, 2b�8 the Planning Commission held a Public Hearing an the proposed
amendments and unanimously rec�mmenc�s these arr=endments ta the Gity Cauncil far
adoption.
2. Proceduraf History
2_1 February 17, 2009 Planning Commission Workshop
2.2 June 2, 2009 CTCD 60 day revie�u periad began
2.3 ,iune �, 2009 lssuance of SEPA DNS
2.4 June 6, 20Q9 Notic� of F�ubfic Hearing
2.� .�une 96, 2UU9 F�lanning Gommission �'ubli� Hearing
3. Public Comment
3.1 Cntiividuafs providing ve�bal testimony at Planr�ing Commission public hearing:
C9. '� � .: ��>.�
�J.
C.
4. SEPA Determination
A Determination of Nan-Significance was issued on June 5, 2a09, with a commer�t
deadline of June 17, 2�09 and an appeaf deadlin� of June 29, 2009. No comments or
ap�eals have b�en filed to date.
5. Consistency
Z�ninc� Cod� text amendments shall m��t lhe der,ision criteria outlined +n 8MC
2.Q.9II.02� td). The Planning Commissian may recommend, and tha City Council may
�dopt �r adopt with mociifications, �n amendment to the Zoning Code t�xt if the critecia
autlined below afe met.
20.18.02Q (rJ} (1 } allows text amendments if ihoy �re consistent wifh the goass an�
policies c�f i�hP Comprehensive Pfan.
Analysis: ThP arnendr�c�nts are minor and continue to uphold the objQCtives and
goals of Comprahensive Plan. These an�endmPnts do not changQ tho
intent or purpose of the zaninfl cade,
Analysis: 2Q.18.020 aliows t�xt amendm�nts i# they do not r,onflict with other City,
st�te and foder�l codes, regulations and ordinances. The amer�dmenis lc�
the Zaning Codo do not cc�nf#i�t with any ath�r regulalions.
Exhibit A
��. �"'�'��`"`r��.����'.� �i ���+C#�����11��'���
Bas±�d t�n�ttie �indi��s �b�ve, Plannin� �crrnmissi�n +cc�n�ludes th�t Th� Zonir►g Code
arn+�r�dm�r�ts rtneet.the.requirem�er�ts in SMC.2�.18.+D2Q; #ext �am�ridment�:tti the.Zr�nir�g
�ode and th�*r�f�r�e r+�at�nmen�s t}�+e adt�ptian of tl�►e arr�endm�n�s tc� the Zc�r�iir�g Code.
Re�spe�fctlly" �ub�nitt�ed by:
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A��rc�ved by.:
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AFFiDAVIT OF PUBLICA fION
Accouut � 42742 AD# 254242
STATE OF WASHINGTON
COUNTY OF K[TSAP
I, Laura Wessels, bemg first duly sworn on oatl�, deposes and says: That she is uow, and at all tmzes
embraced in the publ�cahon herein mennoned 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 Cotmty of Kitsap, in which County it is published and is now and has been for more than six months
pnor to the date of the pubhcat�on heremafter referred to, published m the Enghsl� language contimially as
a daily newspaper m Bremerton, Kitsap County, Washington, a weekly newspaper m Kitsap County,
Washington and is now and during all of said time, was prmted in an office maintained in the aforesaid
place of pliblication of said newspapei; that the following is a tn�e text of an adverrisement as �t was
published in regular �ssues (and not in supplement form) of said newspaper on the followmg date, to wit: A
October 26, 2009 and that such newspaper was regularly distributed to its subscribers during all of said
period. That the full amount of the fee charged for the foregoing publication is the sum of $46.67. This
amount has not�been paid m full. � �
1
, . (Signattu•e of Principal Clerk) `` ����►uiiuup����
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Subscnbed and sworn to before me this day of November 4, 2009. `•. +,� E�•. _� �
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Notary Public in and for the State of Washington, �Kitsap County. y�'• ����� �
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ORDINANCE NO. 5091 �
AN ORDINANCE of the City Council of the City of Bremerton, Washmgton, making amendments to the
zoning code m Chapter 20.02 Project Permitting, Figure 20.40(a) Zoning Designations, and Section
20.46.110 Adult Entertainment Business. Amendments include general language modification to clarify
requirements for pro�ect permitting, allow email as a standard notification method, and to generally clarify
code requirements.
PASSED by the City Council the 21st day of October, 2009.
The fiill text of this ordinance is available from the City Clerk's Office, 345 Sixth Street, Surte 600,
Bremerton, WA 98337. �
October 26, 2009 .......................AD #20093628