HomeMy WebLinkAbout11/28/2012 AGENDA Ii
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CITY COUNCIL 345 6th Street, Suite 600, Bremerton, WA 98337 f l Phone (360) 473 -5280
NOVEMBER 28, 2012
CITY COUNCIL STUDY SESSION & BUDGET WORKSHOP
4:00 PM in COUNCIL CONFERENCE ROOM 603
The Study Session is open to the public but there will be no opportunities for input or participation; no
action is anticipated during the Study Session; and the content of these items is subject to change. If
approved by Council, the items will be placed on the December 5, 2012 Council Meeting Agenda:
A. NO PRESENTATION PLANNED -The following items are budgeted items or have been
reviewed by the appropriate Council Committee:
1. Bid Award to EC Power Systems for Emergency Generator Purchase for Fire Station #1 —
Fire Chief Al Duke
2. Proposed Resolution amending and reestablishing City Rates and Fees for 2013 — Becky
Hasart, Financial Services Director
3. Proposed Ordinance amending Section 3.86.200 of the Bremerton Municipal Code (BMC)
relating to Business and Occupation (B &O) Taxes, and further amending Chapter 3.48 of the
BMC (The two major changes relate to "digital goods" and confidentiality of tax returns) —
Becky Hasart, Financial Services Director
B. FULL DISCUSSION ITEMS
4. Proposed Public Hearing and Ordinance to adopt the 2012 Comprehensive Plan Amendment
Docket — Doug McIntyre and Allison Daniels, Department of Community Development
5. BUDGET WORKSHOP: Continued discussion on the City of Bremerton 2013 Proposed
Budget — Becky Hasart, Financial Services Director; and Caroline Tompson, Budget Analyst
C. GENERAL COUNCIL BUSINESS BUSINESS
D. ADJOURN STUDY SESSION
® Americans with Disabilities Act accommodations provided upon request. Those requiring special accommodations
should contact the City Cleric's Office at (360) 473 -5323 by noon on the Monday preceding the Council meeting.
______________________________________________________________
CITY COUNCIL 345 6th Street, Suite 600, Bremerton, WA 98337 Phone (360) 473-5280
NOVEMBER 28, 2012
CITY COUNCIL STUDY SESSION & BUDGET WORKSHOP
4:00 PM in COUNCIL CONFERENCE ROOM 603
The Study Session is open to the public but there will be no opportunities for input or participation; no
action is anticipated during the Study Session; and the content of these items is subject to change. If
approved by Council, the items will be placed on the December 5, 2012 Council Meeting Agenda:
A. NO PRESENTATION PLANNED - The following items are budgeted items or have been
reviewed by the appropriate Council Committee:
1. Bid Award to EC Power Systems for Emergency Generator Purchase for Fire Station #1 –
Fire Chief Al Duke
2. Proposed Resolution amending and reestablishing City Rates and Fees for 2013 – Becky
Hasart, Financial Services Director
3. Proposed Ordinance amending Section 3.86.200 of the Bremerton Municipal Code (BMC)
relating to Business and Occupation (B&O) Taxes, and further amending Chapter 3.48 of the
BMC (The two major changes relate to “digital goods” and confidentiality of tax returns) –
Becky Hasart, Financial Services Director
B. FULL DISCUSSION ITEMS
4. Proposed Public Hearing and Ordinance to adopt the 2012 Comprehensive Plan Amendment
Docket – Doug McIntyre and Allison Daniels, Department of Community Development
5. BUDGET WORKSHOP: Continued discussion on the City of Bremerton 2013 Proposed
Budget – Becky Hasart, Financial Services Director; and Caroline Tompson, Budget Analyst
C. GENERAL COUNCIL BUSINESS BUSINESS
D. ADJOURN STUDY SESSION
Americans with Disabilities Act accommodations provided upon request. Those requiring special accommodations
should contact the City Clerk’s Office at (360) 473-5323 by noon on the Monday preceding the Council meeting.
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
SUBJECT: Bid Award – Emergency
Generator Purchase for Fire Station #1,
State of Washington Contract with EC Power
Systems.
Study Session Date: November 28, 2012
COUNCIL MEETING Date: December 5, 2012
Department: PW&U
Presenter: Chal Martin
Phone: 473-5315
SUMMARY: The bid process was conducted by the State of Washington Department of Enterprise
Services, State Contract #21403, for the purchase of a 400 kW generator set, transfer switch and
accessories. Lowest bidder was EC Power Systems in Auburn, Washington.
ATTACHMENTS: State of Washington Contract Generator Specifics.
FISCAL IMPACTS (Include Budgeted Amount): The general fund does have money to be able to
purchase this item. However, as it was not part of the originally adopted 2012 budget, it will require a
budget amendment as part of the annual amendment done in December.
STUDY SESSION AGENDA: ☒ No Discussion ☐ Full Presentation
STUDY SESSION ACTION: ☐ Consent Agenda ☐ General Business ☐ Public Hearing
RECOMMENDED MOTION:
Move to approve the purchase of a 400 kW generator set, transfer switch and accessories from EC
Power Systems in the amount of $72,306.00 plus tax, and authorize the Mayor to finalize and
execute the agreement with substantially the same terms and conditions as presented and further,
move to include this item as part of the 2012 budget amendment.
COUNCIL ACTION: Approve Deny Table Continue No Action
Form Updated 11/02/12
Fire Station #1, 911 Park Avenue
Emergency Generator and Transfer Gear
Project# 49088, 400 KW Generator Set
Summary
An emergency generator and associated equipment is required for the Fire Station #1
Facility. Budget was identified for the purchase and placement in 2013. Due to current
budget status, City’s Finance Department requested that this purchase be made in
2012, if possible.
City Facilities staff worked and established specifications and requirements for this
purchase then worked with the State of Washington Department of Enterprise Services
and Contracts for bid services/state contract for the emergency generator and
associated equipment purchase.
Bids were advertised, solicited, received and evaluated by the State from 42 qualified
vendors. The low bidder was EC Power Systems in Auburn, Washington for the
amount of $72,306.00 plus tax.
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
SUBJECT: Resolution No. ____ amending
city rates and fees for 2013.
Study Session Date: 11/28/12
COUNCIL MEETING Date: 12/05/12
Department: All
Presenter: Becky Hasart
Phone: 360-473-5722
SUMMARY: Each year as part of the budget process, the various City departments review their
charges, rates and fees for services and make recommendations on any changes needed. The
attached includes recommended changes to fees charged by the various departments.
ATTACHMENTS: Resolution No. _____
FISCAL IMPACTS (Include Budgeted Amount): Impacts to revenues are dependent on the demand
for services. The 2013 proposed budget does anticipate the approval of this resolution and related
rate table.
STUDY SESSION AGENDA: ☒ No Discussion ☐ Full Presentation
STUDY SESSION ACTION: ☐ Consent Agenda ☐ General Business ☐ Public Hearing
RECOMMENDED MOTION:
Move to approve Resolution No _____ as presented.
COUNCIL ACTION: Approve Deny Table Continue No Action
Form Updated 11/02/12
1
2013 Rates and Fees
RESOLUTION NO. ________
A RESOLUTION of the City Council of the City of
Bremerton, Washington, amending and reestablishing rates and
fees for services relating to the Department of Financial Services,
Municipal Court, Department of Community Development, Police
Department, Fire Department, Parks and Recreation Department,
Department of Public Works and Utilities and Bremerton Kitsap
Access Television (BKAT).
WHEREAS, the City Council desires to amend and reestablish the rates and fees
established in prior Resolution Nos. 3128, 3133, 3145, 3156, 3168, and 3172, by this resolution;
NOW THEREFORE
THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON,
DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. Resolutions Repealed. Resolution Nos. 3128, 3133, 3145, 3156,
3168, and 3172 are hereby repealed in their entirety.
SECTION 2. Rate Tables amended. Rates and fees for services relating to the
Department of Financial Services, Municipal Court, Department of Community Development,
Police Department, Fire Department, Parks and Recreation Department, Department of Public
Works and Utilities and Bremerton Kitsap Access Television (BKAT), as established and
amended by Resolution Nos. 3128, 3133, 3145, 3156, 3168, and 3172, are hereby amended and
reestablished herein by this Resolution as set forth in the rates tables attached hereto as Exhibit
A, incorporated herein by reference.
SECTION 3. Effective Date of Sections 1 and 2. The repeal of resolutions as set
forth in Section 1 above and the amendment and restatement of rate tables as set forth in Section
2 above shall be effective January 1, 2013.
SECTION 4. Severability. If any one or more sections, subsections, or
sentences of this Resolution are held to be unconstitutional or invalid, such decision shall not
affect the validity of the remaining portion of this Resolution and the same shall remain in full
force and effect.
SECTION 5. Effective Date. This Resolution shall take effect and be in force
immediately upon its passage.
PASSED by the City Council of the City of Bremerton, Washington this _____
day of __________________, 2012.
_________________________________
JIM McDONALD, Council President
2
2013 Rates and Fees
APPROVED AS TO FORM: ATTEST:
__________________________________ ________________________________
ROGER A. LUBOVICH, City Attorney SHANNON CORIN, City Clerk
R:\Legal\Legal\Resolutions\Finance\2013 Rates and Fees Tables\2013 Resolution establishing Rate Tables.doc
FINANCIAL SERVICES – RATE TABLE A
All Rates Listed are "Not To Exceed" Fees
EXHIBIT A
Resolution No. ______
A. FINANCIAL SERVICES
1. REGULATORY LICENSE FEES RATE
BMC 5.17 Charitable Solicitation
Non-Profit $25/60 days
Professional Fundraiser $675/60 days
BMC 5.22 Dance/Public $265/yr or $70/30 days
BMC 5.96 Erotic Dance Studios $700/yr
Dancers $100/yr
BMC 10.24 Housemoving/Oversize Loads $600+$65/mile to .10 of a
mile
BMC 5.16 Mobile Food Vendor $150/veh/yr
BMC 5.16 Peddlers $75/yr or $25/30days
BMC 5.36 Special Events $100.00/event
BMC 5.08 Street/Sidewalk Vendors $250/yr
BMC 5.16 Temporary Merchant $400/30 days
2. BUSINESS LICENSE FEE RATE
BMC 5.02 $75/yr
3. PARKING
On-Street Locations Not to Exceed $20/3 hrs
$30/10 hrs
Off-Street Location Not to Exceed $20/3 hrs
$30/10 hrs
Parking Garage Not to Exceed $160/mo
FINANCIAL SERVICES – RATE TABLE A
All Rates Listed are "Not To Exceed" Fees
EXHIBIT A
Resolution No. ______
4. UTILITY/LIEN SEARCH FEES RATE
Per Parcel $30/search per parcel
5. DOCUMENT REPRODUCTION FEES
(Including scanning to Electronic Format)
Per Page - 8½ x 11, 8½ x 14 and 11 x 17 paper size (No fee for
first 50 pages)
$0.15/pg
Audio or Video Tapes Video Reproduction $10.00Actual Costs including
personnel time
Computer Disks CD/DVD $102.00
Certification $3.505.00
Oversized Plans, Aerial Photos, Drawings, and Maps (Black and
White)
$8/pg
Color GIS Plotted Maps $5/sq. ft.
Other Documents:
Medical Records Fees shall be pursuant to
RCW 70.02.010(12)
Budget
(Hard Copy) $50
(Electronic Version) $10
Annual Report
(Hard Copy) $25
(Electronic Version) $10
In addition to the above fees, each department may establish fees for records that do not fall into one of the above
categories. Each department and the City Clerk shall have the department's fee schedule available for inspection
upon request.
6. CHECK HANDLING FEE $40
MUNICIPAL COURT – RATE TABLE B
All Rates Listed Are "Not To Exceed" Fees
EXHIBIT A
Resolution No. ______
B. Municipal Court RATE
1. HEARING EXAMINER APPEAL $65
2. PARKING PENALTIES
Overtime or Non-Payment in Collection Devices:
1st Violation in 30 Days $25
2nd Violation in 30 Days $32
3rd Violation in 30 Days $56
Loading Zones $17
No Parking $45
Wrong Way $45
Parked on Sidewalk $56
Fire Hydrant $45
12" From Curb $10
Physically Disabled (Public and Private) $250
Counterfeiting or User of Counterfeit Permits,
Tokens or Script
$500
Unauthorized Use of Permits $150
All Other Infractions Not Specified Above $27
Replacement of parking permit $10.00
Blocked Driveway $45.00
Expired Tabs $45.00
30 Foot to Stop Sign $45.00
Double Parked $45.00
No Stopping/No Standing $45.00
Parking Capacity Survey $250.00
3. TRAFFIC PENALTIES
Inattentive Driving $124.00
COMMUNITY DEVELOPMENT – RATE TABLE C
All Rates Listed are "Not To Exceed" Fees
EXHIBIT A
Resolution No. _____
C. DEPARTMENT OF COMMUNITY DEVELOPMENT
RATE
1. SUBDIVISIONS
Preliminary Short $1000 + $150 per lot
Preliminary Formal Plat/Binding Site Plan $2500 +
$150/lot (1-100 lots)
$100/lot (101-200 lots)
$75/lot (201 + lots)
Final Short $630 + $40/lot
Final Formal Plat/Binding Site Plan $945 + 40/lot
2. SHORELINE MASTER PROGRAM
Substantial Development Permit $1,300
Conditional Use Permit – Type II $850
Conditional Use Permit – Type III $1750
Shoreline Variance $1750
Permit Revision $325
Shoreline Exemption $100
3. STATE ENVIRONMENTAL POLICY ACT (SEPA)
Checklist $320
Environmental Impact Statement Review/Adoption $650 + additional cost of
expertise
4. APPEAL (to Hearing Examiner) $350
5. PRE-APPLICATON CONFERENCE $100
6. ABATEMENTS
Dangerous Building $900 + Direct Service
and Supply Cost
Garbage & Weed $640 + Direct Service
and Supply Cost
7. BUILDING PERMIT FEES –Refer to Exhibit 1 Refer to Exhibit 1
8. PLAN REVIEW FEE
Note: 50% of the Plan Review Fee may be waived in cases of multiple
submittals of identical residential plans within a calendar year. This waiver
shall not apply in the event of an applicable code change.
65% of the building
permit fee as set forth in
Exhibit 1
9. ESTABLISHED “BASIC” PLAN REVIEW
Pursuant to DCD policy 50% of Plan Review Fee
910. MECHANICAL PERMIT FEES –Refer to Exhibit 2
Residential Refer to Exhibit 2
Commercial / Non-Residential / Multifamily Valuation and Refer to
Exhibit 1
COMMUNITY DEVELOPMENT – RATE TABLE C
All Rates Listed are "Not To Exceed" Fees
EXHIBIT A
Resolution No. _____
RATE
1011. PLUMBING PERMIT FEES –Refer to Exhibit 3
Residential Refer to Exhibit 3
Commercial / Non-Residential / Multifamily Valuation and Refer to
Exhibit 1
1112. GRADING PERMIT AND PLAN REVIEW FEES – Refer to Exhibit 4 Refer to Exhibit 4
1213. ZONING ORDINANCE
Ordinance Amendments
Text $740
Rezone (Map Amendment) $740
Variance
Administrative $325
Public Hearing/Single Family $500
Public Hearing/Other $1750
Residential Cluster Development $1500
Development Agreements $1600
Conditional Use Permit
Administrative (No public hearing)Single Family Residential Type II $350
Single Family Residential Type III $500
Commercial / Non-Residential / Multifamily – Type II $850
Hearing Examiner (Public hearing)Commercial / Non-Residential / Multifamily
– Type III
$1750
Non-Conforming Use Determination $275
Director'’s Code Interpretation $175
1314. COMPREHENSIVE PLAN
Text or Map Amendment $1500
Combined Text and Map Amendment $2500
1415. SITE PLAN REVIEW
Type I Permit $250
Commercial / Non-Residential / Multifamily – Type II Permit $500
1516. SITE DEVELOPMENT PERMIT $500
(Fee waived if concurrent with Site Plan Review)
1617. MULTIFAMILY TAX EXEMPTION
Application $1500
COMMUNITY DEVELOPMENT – RATE TABLE C
All Rates Listed are "Not To Exceed" Fees
EXHIBIT A
Resolution No. _____
RATE
1718. DESIGN REVIEW BOARD
Conceptual Design Conference $500
Design Response Conference $500
1819. MISCELLANEOUS FEES
Hourly Rate $56.00
Stop Work Fee 100 % of permit fee
COMMUNITY DEVELOPMENT – RATE TABLE C
All Rates Listed are "Not To Exceed" Fees
EXHIBIT A
Resolution No. _____
Exhibit A
COMMUNITY DEVELOPMENT – RATE TABLE C
EXHIBIT 1
BUILDING AND OTHER PERMIT FEES
TOTAL VALUATION FEE
$1.00 TO $500.00 $26.00
$501.00 TO $2,000.00 $26.00 for the first $500.00 plus $3.00 for each additional $100.00, or
fraction thereof, to and including $2,000.00
$2,001.00 to $40,000 $69.00 for the first $2,000.00 plus $11.00for each additional $1,000.00,
or fraction thereof, to and including $40,000
$40,001.00 to $100,000.00 $487.00 for the first $40,000; plus $9.00 for each additional $1,000.00,
or fraction thereof, to and including $100,000.00
$100,001.00 to $500,000.00 $1,027.00 for the first $100,00.00 plus $7.00 for each additional
$1,000.00, or fraction thereof, to and including $500,000.00
$500,001.00 to $1,000,000.00 $3,827.00 for the first $500,000.00 plus $5.00 for each additional
$1,000.00, or fraction thereof, to and including $1,000,000.00
$1,000,001.00 to 5,000,000.00 $6,327.00 for the first $1,000,000.00 plus $3.00 for each additional
$1,000.00, or fraction thereof, to include $5,000,000.00
$5,000,001.00 and over $18,327.00 for the first $5,000,000.00; plus $1.00 for each additional
$1,000.00 or fraction thereof
Other Inspections and fees:
1. Inspections outside of normal business hours ....................................................................... $56.00 per hour1
(minimum charge – two hours)
2. Re-inspection fees assessed under provisions of this chapter shall be as
follows (per inspection): ....................................................................................................... $56.00 per hour1
3. Inspections for which no fee is specifically indicated .......................................................... $56.00 per hour1
(minimum charge – one-half hour)
4. Additional plan review required by changes, additions or revisions
to plans .................................................................................................................................. $56.00 per hour1
(minimum charge – one-half hour)
5. For use of outside consultants for plan checking and inspections, or both ........................... Actual Costs2
6. Mobile Manufactured Home Setup Fee ................................................................................ Bid Price valuation
used in Exhibit 1
Double Wide .................................................................................. $150.00
Triple Wide .................................................................................... $200.00
7. Moved Building Permit Fee (not including other required
permits) ................................................................................................................................. $100.00
8. Demolition permit Fee: 3 cents per square foot, with a minimum
charge of .............................................................................................................................. $56.00
9. Energy Code Plan Review Surcharge for New Single Family Residences .......................... $50.00
1Or the total hourly cost to the jurisdiction, whichever is the greatest. This cost shall include supervision, overhead, equipment, hourly
wages and fringe benefits of the employees involved. 2Actual costs include administrative and overhead costs.
COMMUNITY DEVELOPMENT – RATE TABLE C
All Rates Listed are "Not To Exceed" Fees
EXHIBIT A
Resolution No. _____
EXHIBIT 2
MECHANICAL PERMIT FEES
Permit Issuance and Heaters Fee
1. For the issuance of each mechanical permit $23.50
2. For issuing each supplemental permit for which the original permit has not expired, been
canceled or finaled $7.25
Unit Fee Schedule (Note: The following do not include permit-issuing fee)
1. Furnaces
For the installation or relocation of each forced-air or gravity-type furnace or burner, including
ducts and vents attached to such appliance, up to and including 100,000 Btu/h (29.3 kW) $14.80
For the installation or relocation of each forced-air or gravity-type furnace or burner, including
ducts and vents attached to such appliance over 100,000 Btu/h (29.3 kW) $18.20
For the installation or relocation of each floor furnace, including vent $14.80
For the installation or relocation of each suspended heater, recessed wall heater or floor-
mounted unit heater $14.80
2. Appliance Vents
For the installation, relocation or replacement of each appliance vent installed and not
included in an appliance permit $7.25
3. Repairs or Additions
For the repair of, alteration of, or addition to each heating appliance, refrigeration unit, cooling
unit, absorption unit, or each heating, cooling, absorption or evaporative cooling system,
including installation of controls regulated by the Mechanical Code $13.70
4. Boilers, Compressors and Absorption Systems
For the installation or relocation of each boiler or compressor to and including 3 horsepower
(10.6 kW), or each absorption system to and including 100,000 Btu/h (29.3 kW) $14.70
For the installation or relocation of each boiler or compressor over three horsepower (10.6
kW) to and including 15 horsepower (52.7 kW), or each absorption system over 100,000
Btu/h (29.3 kW) to and including 500,000 Btu/h (146.6 kW) $27.15
For the installation or relocation of each boiler or compressor over 15 horsepower (52.7 kW)
to and including 30 horsepower (105.5 kW), or each absorption system over 500,000 Btu/h
(146.6 kW) to and including 1,000,000 Btu/h (293.1 kW) $37.20
For the installation or relocation of each boiler or compressor over 30 horsepower (105.5 kW)
to and including 50 horsepower (176 kW), or each absorption system over 1,000,000 Btu/h
(293.1 kW) to and including 1,750,000 Btu/h (512.9 kW) $55.45
For the installation or relocation of each boiler or compressor over 50 horsepower (176 kW),
or each absorption system over 1,750,000 Btu/h (512.9 kW) $92.65
5. Air Handlers
For each air-handling unit to and including 10,000 cubic feet per minute (cfm) (4719 L/s),
including ducts attached thereto
Note: This fee does not apply to an air-handling unit which is a portion of a factory-
assembled appliance, cooling unit, evaporative cooler or absorption unit for which a permit is
required elsewhere in the Mechanical Code $10.65
For each air-handling unit over 10,000 cfm (4719 :s) $18.10
COMMUNITY DEVELOPMENT – RATE TABLE C
All Rates Listed are "Not To Exceed" Fees
EXHIBIT A
Resolution No. _____
6. Evaporative Coolers
For each evaporative cooler other than portable type $10.65
7. Ventilation and Exhaust
For each ventilation fan connected to a single duct $7.25
For each ventilation system which is not a portion of any heating or air-conditioning system
authorized by a permit $10.65
For the installation of each hood which is served by mechanical exhaust, including the ducts
for such hood $10.65
8. Incinerators
For the installation or relocation of each domestic-type incinerator $18.20
For the installation or relocation of each commercial or industrial-type incinerator $14.50
9. Miscellaneous
For each appliance or piece of equipment regulated by the Mechanical Code but not classed in
other appliance categories, or for which no other fee is listed in the table $10.65
For each gas piping system of 1 – 5 outlets $6.25
For each additional gas piping system outlet, per outlet $1.25
Other Inspections and Fees
Inspections outside of normal business hours, per hour (minimum charge – two hours $49.501
Re-inspection fees assessed under provisions of this chapter shall be as follows (per
inspection): $49.501
Inspections for which no fee is specifically indicated, per hour (minimum charge – one-half
hour) $49.501
Additional plan review required by changes, additions or revisions to plans or to plans for
which an initial review has been completed (minimum charge – one-half hour) $49.501
1Or the total hourly cost to the jurisdiction, whichever is the greatest. This cost shall include supervision, overhead, equipment, hourly
wages and fringe benefits of the employees involved.
COMMUNITY DEVELOPMENT – RATE TABLE C
All Rates Listed are "Not To Exceed" Fees
EXHIBIT A
Resolution No. _____
EXHIBIT 3
PLUMBING PERMIT FEES
Permit Issuance
1. For issuing each permit $20.00
2. For issuing each supplemental permit $10.00
Unit Fee Schedule (in addition to items 1 and 2 above)
1. For each plumbing fixture on one trap or a set of fixtures on one trap (including water,
drainage piping and backflow protection therefore) $7.00
2. For each building sewer and each trailer park sewer $15.00
3. Rainwater systems – per drain (inside building) $7.00
4. For each cesspool (where permitted) $25.00
5. For each private sewage disposal system $40.00
6. For each water heater and/or vent $7.00
7. For each gas piping system of one to five outlets $5.00
8. For each additional gas piping system outlet, per outlet $1.00
9. For each industrial waste pretreatment interceptor including its trap and vent, except
kitchen-type grease interceptors functioning as fixture traps $7.00
10. For each installation, alteration or repair of water piping and/or water treating
equipment, each $7.00
11. For each repair or alteration of drainage or vent piping, each fixture $7.00
12. For each lawn sprinkler system on any one meter including backflow protection devices
therefore $7.00
13. For atmospheric-type vacuum breakers not included in item 12:
1 to 5 $5.00
Over 5, each $1.00
14. For each backflow protective device other than atmospheric type vacuum breakers:
2 inch (51 mm) diameter and smaller $7.00
Over 2 inch (51 mm) diameter $15.00
15. For each graywater system $40.00
16. For initial installation and testing for a reclaimed water system $30.001
17. For each annual cross-connection testing of a reclaimed water system (excluding initial
test ) $30.001
18. For each medical gas piping system serving one to five inlet(s)/outlet(s) for a specific
gas $50.00
19. For each additional medical gas inlet(s)/outlet(s) $5.00
Other Inspections and Fees
1. Inspections outside of normal business hours $30.001
2. Re-inspection fee $30.00
3. Inspections for which no fee is specifically indicated $30.001
4. Additional plan review required by changes, additions or revisions to approved plans
(minimum charge – one-half hour) $30.001
1Per hour for each hour worked or the total hourly cost to the jurisdiction, whichever is greater. This cost shall include
supervision, overhead, equipment, hourly wages and fringe benefits of all the employee s involved.
COMMUNITY DEVELOPMENT – RATE TABLE C
All Rates Listed are "Not To Exceed" Fees
EXHIBIT A
Resolution No. _____
EXHIBIT 4
GRADING PLAN REVIEW FEES
50 cubic yards (38.2 m3) or less No fee
51 to 100 cubic yards (40 m3 to 76.5 m3) $23.50
101 to 1,000 cubic yards (77.2 m3 to 764.6 m3) $37.00
1,001 to 10,000 cubic yards (765.3 m3 to 7645.5 m3) $49.25
10,001 100,000 cubic yards (7646.3 m3 to 76,455 m3) $49.25 for the first 10,000 cubic yards (7645.5
m3), plus $24.50 for each additional 10,000
cubic yards (7645.5 m3) or fraction thereof
100,001 to 200,000 cubic yards (76,456 m3 to 152,911
m3)
$269.75 for the first 100,000 cubic yards (76,455
m3), plus $13.25 for each additional 10,000
cubic yards (7645.5 m3) or fraction thereof
200,001 cubic yards (152,912 m3) or more $402.25 for the first 200,000 cubic yards
(152,911 m3), plus $7.25 for each additional
10,000 cubic yards (7645.5 m3) or fraction
thereof
Other Fees:
Additional plan review required by changes, additions or revisions to approved plans
(minimum charge – one-half hour) $50.50 per hour1
1Or the total hourly cost to the jurisdiction, whichever is the greatest. This cost shall include supervision, overhead,
equipment, hourly wages and fringe benefits of the employees involved.
GRADING PERMIT FEES1
50 cubic yards (38.2 m3) or less $23.50
51 to 100 cubic yards (40 m3 to 76.5 m3) $37.00
101 to 1,000 cubic yards (77.2 m3 to 764.6 m3) $37.00 for the first 100 cubic yards (76.5 m3)
plus $17.50 for each additional 100 cubic
yards (76.5 m3) or fraction thereof
1,001 to 10,000 cubic yards (765.3 m3 to 7645.5 m3) $194.50 for the first 1,000 cubic yards
(764.6 m3), plus $14.50 for each additional
1,000 cubic yards (764.6 m3) or fraction
thereof
10,001 to 100,000 cubic yards (7646.3 m3 to 76,455 m3) $325.00 for the first 10,000 cubic yards (7645.5
m3), plus $66.00 for each additional 10,000
cubic yards (7645.5 m3) or fraction thereof
100,001 cubic yards (76,456 m3) or more $919.00 for the first 100,000 cubic yards (76,455
m3), plus $36.50 for each additional 10,000
cubic yards (7645.5 m3) or fraction thereof
Other Inspections and Fees:
1. Inspections outside of normal business hours (minimum charge – two hours) $50.50 per hour2
2. Re-inspection fees assessed under provisions of this chapter shall be as follows
(per inspection): $49.50 per hour2
3. Inspections for which no fee is specifically indicated (minimum charge – one-half
hour) $50.50 per hour2
1The fee for a grading permit authorizing additional work to that under a valid permit shall be the difference between the
fee paid for the original permit and the fee shown for the entire project. 2Or the total hourly cost to the jurisdiction, whichever is the greatest. This cost shall include supervision, overhead,
equipment, hourly wages and fringe benefits of the employees involved.
POLICE DEPARTMENT – RATE TABLE D
All Rates Listed Are "Not To Exceed" Fees
EXHIBIT A
Resolution No. _______
D. POLICE DEPARTMENT
RATE
1. TRAFFIC ACCIDENT REPORTS $10.00
2. FINGERPRINTS – 1st Card $10.00
Each Additional Card $10.00
3. CRIMINAL HISTORY CHECK $10.00
4. VERIFICATION LETTER FOR LOST OR STOLEN
PROPERTY
$8.00
5. PHOTO PRINTS Actual Cost of
(Per Set When in Possession of the Dept.) Processing
6. LICENSES FOR DOGS AND CATS
For Each Cat Spayed or Neutered $7.50
(Upon Proof of Spaying or Neutering)
For Each Dog Spayed or Neutered $12.50
(Upon Proof of Spaying or Neutering)
For Each Cat Not Spayed or Neutered $37.50
For Each Dog Not Spayed or Neutered $37.50
Senior Permanent Dog/Cat $12.50
7. LICENSE FOR CHICKENS
For up to five (5) chickens $12.50
Senior permanent for up to five (5) chickens $12.50
8. ALARM COMPLIANCE FEE
1st False Alarm in any 1 Quarter $60.00
2nd False Alarm in the same Quarter $80.00
3rd False Alarm in the same Quarter $160.00
or Subsequent Alarms in a Calendar Quarter
9. SERVICE FEE FOR ANTI-HARASSMENT ORDER $50.00
10. SERVICE OF ARREST WARRANTS AND SUBPOENAS
Arrest Warrant $15.00 plus mileage
Subpoena $6.00 plus mileage
Preparation of return of service $5.00
Mileage (for each mile actually and necessarily traveled by a
member of the Police Department in going to or returning from
any place of service, or attempted service)
current business
mileage rate
allowed by the
Internal Revenue
Service
FIRE DEPARTMENT – RATE TABLE E
All Rates Listed Are "Not To Exceed" Fees
EXHIBIT A
Resolution No. _______
E. FIRE DEPARTMENT RATE
1. REGULATORY LICENSE FEES
BMC 9.48 Fireworks Stands / Displays $100/stand/yr
BMC 18.06 Ambulance Services
Ambulance Inspections $60/veh
2. AMBULANCE TRANSPORT FEE
ALS Residents $550
ALS – 2 $650
ALS Non-Residents $650
BLS Residents $425
BLS Non-Residents $500
Mileage $11.00/mile
3. EMS SERVICE CALL TO ASSISTED LIVING, LONG
TERM CARE AND ADULT CARE FACILITIES
$100 After first response per
quarter
4. RE-INSPECTION FEE $56.00
5. HAZARD MATERIALS RESPONSE
Rice Hull Ash Actual Cost per Bag
Absorbent Pads Actual Cost per Bag
6. STAND-BY-TIME
Per crew of 3 $98/hour
Fire Engine – Crew of 4 $115/hour
7. ACTIVE FIREFIGHTING
Fire Engine Washington Fire Chiefs
Published Rate*
Aerial Ladder Washington Fire Chiefs
Published Rate*
8. SPRINKLER/FIRE ALARM PLANS IFC Rates**
9. FIRE WATCH $50.00/hour
10. AFTER HOURS INSPECTION Actual Cost
11. RUSH PLAN REVIEW Actual Cost
* Washington Fire Chiefs Association Wage & Equipment Rates for the Washington State Fire
Service
** International Fire Code
PARKS RECREATION DEPT – RATE TABLE F
All Rates Listed Are "Not To Exceed" Fees
EXHIBIT A
Resolution No. ______
F. PARKS AND RECREATION DEPARTMENT
NON-RESIDENT FEE - BASE FEE PLUS 25%
1. FACILITY USE RENTAL RATES
• Facility use policies apply.
• Appropriate taxes are included in rates unless otherwise noted.
• Regular Groups (10 or more meetings a year, reserved in advance) may
receive a 20% discount on Facility and Park Rental Fees.
• Non-Profit Groups may receive a 50% Discount on Facility and Park
Rental Fees with proof of Non-Profit status.
(a) SHERIDAN COMMUNITY CENTER – ROOM RENTAL RATES RATE
(Group A) NON-COMMERCIAL – Rental Rates
Recreation and/or educational purposes only.
Per hour, two (2) hour minimum
Daytime (Monday – Friday: 8:00 AM to 5:00 PM)
Lounge $9.0025
Room A, B/C, Conference Room $6.757.00
Room B/C, Conference Room 7.75
Gym $19.5020.00
Evenings (Monday – Thursday: 5:00 PM to 10:00 PM)
Lounge $19.5020.00
Room A, B/C $13.0050
Room B/C, Conference Room $15.0050
Gym $25.0075
Room Package (Lounge & Gym) $39.0040.00
Entire building – Up to eight (8) hours* $618636.00
Regular Groups (10 or more meetings a year reserved in advance) 20% discount
Friday Evening (5:00 PM to 10:00 PM) & Saturday and Sunday
Lounge $26.0075
Room A, B/C $13.0050
Room B/C, Conference Room $15.0050
Gym $31.5032.50
Room Package (Lounge & Gym) $50.0051.50
Entire building – Up to eight (8) hours* $618636.00
* Entire building rental for events with 250 or more participants requires additional
staff charges at $16.00 50 per hour.
PARKS RECREATION DEPT – RATE TABLE F
All Rates Listed Are "Not To Exceed" Fees
EXHIBIT A
Resolution No. ______
(a) SHERIDAN COMMUNITY CENTER – ROOM RENTAL RATES RATE
(Group B) COMMERCIAL – Rental Rates
Recreational and/or educational purposes only.
Per hour, two (2) hour minimum
Lounge $3132.50
Room A $25.0075
Room B/C, Conference Room $25.0075
Gym $50.0051.50
Room Package (Lounge & Gym) $88.0090.50
Entire Building - Up to eight (8) hours* $993.001,023.00
* Entire building rental for events with 250 or more participants requires
additional staffing fee at $16.00 50 per hour.
(b) BREMERTON SR. CITIZENS CENTER - ROOM RENTAL RATES
(Group A) NON-COMMERCIAL – Rental Rates
Per hour, two (2) hour minimum
Cardroom/Meeting Room $18.2519.00
Main Room $36.7538.00
Kitchen $15.5016.00
Additional staffing per hour $16.0050
Entire Facility up to eight (8) hours $257.50275.00
(Group B) COMMERCIAL – Rental Rates
Per hour, (two ) 2 hour minimum
Cardroom/Meeting Room $37.0038.00
Main Room $74.0076.00
Kitchen $31.5032.00
Additional staffing per hour $16.0050
Entire Facility – Up to eight (8) hours $500550.00
(c) PARK SHELTERS – RESERVATION FEES
Four (4) hour sessions per reservation unless otherwise noted.
Bremerton residents may reserve park shelters beginning January 1st for the
upcoming year. Non-resident reservations will be accepted beginning February 1st.
(Group A) NON-COMMERCIAL – Rental Rates
Blueberry Shelter $3132.50
Evergreen Shelter 1 $6365.00
PARKS RECREATION DEPT – RATE TABLE F
All Rates Listed Are "Not To Exceed" Fees
EXHIBIT A
Resolution No. ______
(c) PARK SHELTERS – RESERVATION FEES
Evergreen Shelter 2, 3, 5, or 6 $3132.50
Evergreen Shelter 4 (not reservable, first come first served) no charge
Evergreen Amphitheatre with Amplified Sound $157.50165.00
Kiwanis Park Shelter $45.00
Lions Park Shelter 1 $43.2545.00
Lions Park Shelter 2 $31.5032.50
Matan Park Shelter $25.0025.75
Upper NAD $25.0025.75
Lent Landing Gazebo $31.5032.50
Reserve portion of a park not having a shelter. $31.5032.50
(Group B) COMMERCIAL – Rental Rates
Blueberry Shelter $48.5050.00
Evergreen Shelter 1 $94.2597.50
Evergreen Shelter 2, 3, 5, or 6 $48.5050.00
Evergreen Shelter 4 (not reservable) no charge
Evergreen Amphitheatre with Amplified Sound $189.200.00
Kiwanis Park Shelter $67.50
Lions Park Shelter 1 $65.0067.50
Lions Park Shelter 2 $48.5050.00
Matan Park Shelter $3738.50
Upper NAD $38.0038.50
Lent Landing Gazebo $48.5050.00
Reserve portion of a park not having a shelter. $48.5050.00
(d) SPECIAL EVENTS, CELEBRATIONS, WEDDINGS
Louis Mentor Boardwalk $249256.00
Other parks Reservation
fee + $100.00
(e) ATHLETIC FIELD – RESERVATIONS
Per hour unless noted
(Group A) NON-COMMERCIAL – Rental Rates $1920.00
(Group B) COMMERCIAL – Rental Rates $3840.00
Game Fee - Softball $3132.50
Game Fee - Soccer $50.0051.50
(f) BLUEBERRY PARK – P-PATCH ANNUAL RATE
Non-commercial gardening only.
Raised Beds $10.00
PARKS RECREATION DEPT – RATE TABLE F
All Rates Listed Are "Not To Exceed" Fees
EXHIBIT A
Resolution No. ______
Seasonal (10 x 20)10 x 20 Beds $40.00
Year Round (16 x 3016 x 30 Beds) $60.00
(g) LIONS TENNIS COURT LIGHTS
1 token (1 hour) $2.00
6 tokens (6 hours) $9.00
2. PROGRAM FEES & CHARGES RATE
(a) NEW PROGRAMS
See Section
3, subsection
(a)
(b) ATHLETIC PROGRAM FEES
VOLLEYBALL
Co-ed (Fall & Winter) per team $270278.00
Men and Women (Spring) per team $270278.00
Open Gym (Oct. – June) per person $34.00
BASKETBALL
Men’s League (Fall & Winter) per team $560577.00
Boy’s League (Winter) per team $300310.00
Boy’s League (Individual Reg.) per individual $40.00
SOFTBALL
Men’s Spring League (Spring) per team $580597.00
Men’s Spring League – Players fee
(Spring) per player $2224.00
Spring Sunday Co-ed (Spring) per team $420435.00
Spring Sunday Co-ed – Players fee
(Spring) per player $16.7517.00
Fall Co-ed League (Fall) per team $488500.00
Fall Co-ed – Players fee (Fall) per player $18.2519.00
Men’s Fall League (Fall) per team $488500.00
Men’s Fall League – Players fee
(Fall) per player $18.2519.00
TOURNAMENTS (SOFTBALL AND SOCCER)
" -- INVITATIONAL TOURNAMENTS
Lions – One Day $357368.00
Lions – Two Day $572590.00
Lions – Three Day $762785.00
Pendergast – One Day $462476.00
Pendergast – Two Day $735757.00
Pendergast – Three Day $893920.00
PARKS RECREATION DEPT – RATE TABLE F
All Rates Listed Are "Not To Exceed" Fees
EXHIBIT A
Resolution No. ______
"-- STATE TOURNAMENTS*
Lions – One Day $500515.00
Lions – Two Day $745767.00
Lions – Three Day $867893.00
Pendergast – One Day $645665.00
Pendergast – Two Day $867893.00
Pendergast – Three Day $1,024055.00
"* Regional and National Tournaments cost to be negotiated depending on field
preparation requirements.
3. SENIOR CITIZEN CENTER AND RECREATION DIVISION PROGRAMS
(a) PROGRAM FEE FORMULAS. Except for the Sr. Citizens Trip program, participant fees for activities
(programs, classes, events, etc.) promoted by the Sr. Citizen Center and the Recreation Division are established by
the following formulas:
A. Activities when the instructor is on City payroll.
*Based on “Not-to-Exceed” rates
[(Total class hours including preparation) x (Instructor’s hourly wage) x (1.5 Administration factor)] divided by(minimum #
of students per activity)] + (the cost of group supplies divided by minimum # of students) + Cost of individual class supplies,
if applicable = Student class fee for City of Bremerton Resident.
B. Activities taught by contracted instruction.
*Based on “Not-to-Exceed” rates
[(Price per student required by the Instructor less class supply fees) x (1.5 Administration factor)] + Class supply fees =
Student class fee for City of Bremerton Resident.
C. Non-Resident Fees for Recreational Programs.
For recreation classes, programs, swim passes and rentals – ranging from:
$5.00 to $25.00 add on 25%
$25.01 to $50.00 add a flat $6.25
$50.01 to $100.00 add a flat $12.50
$100.01 to $200.00 add a flat $25.00
$200.01 + add a flat $50.00
(b) SENIOR CENTER ACTIVITIES (AGE 55+).
RATE
Couples Membership is for two people, at least one needs to be 55 or better,
who reside at the same address.
Community Members Memberships are for Senior Living facilities who
are interested in purchasing a group of tickets (10, 20 or more).Residency is
based on where the Senor Living facility is located.
Associate Memberships are for those individuals not yet 55 but still would
like to participate in the programs, trips and classes offered at the Center.
PARKS RECREATION DEPT – RATE TABLE F
All Rates Listed Are "Not To Exceed" Fees
EXHIBIT A
Resolution No. ______
Senior Citizen – City Resident annual membership $810.00
Senior Citizen – Non-Resident annual membership $1620.00
Senior Center – City Resident Couples annual membership $14.5016.00
Senior Center – Non-Resident Couples annual membership $2932.00
Senior Center – City Resident Associate annual membership $13.2515.00
Senior Center – Non-Resident Associate annual membership $26.5030.00
(c) SENIOR CENTER TRIPS
actual costs
plus 25%
NON-RESIDENT FEE – LISTED RATE PLUS 25%
4. IVY GREEN CEMETERY - FEES AND CHARGES
RATE
(a) ADULT BURIAL
Grave Site $9931,023.00
Opening/Closing $657677.00
Liner $646665.00
Oversize Liner (if required) $935963.00
Grave Side Service Preparation (optional) $184190.00
(b) VETERANS PLOT
Grave Site $496511.00
Opening/Closing $329339.00
Liner $323333.00
Oversize Liner (if required) $468482.00
Grave Side Service Preparation (optional) $9396.00
Stone Marker Setting $5759.00
Bronze Marker Setting $4950.00
(c) INFANT BURIAL
Infant Plot in Babyland $256264.00
Opening/Closing $400412.00
Liner $281289.00
Grave Side Service Preparation (optional) $184190.00
(d) DISINTERNMENT
Removal & opening of new site $1,375.001,416.00
Site Purchase $9931,023.00
Liner $646665.00
Removal (only) $903930.00
Cremation Removal $218225.00
(e) ADDITIONAL BURIAL COSTS
2 hr. max. $178183.00
PARKS RECREATION DEPT – RATE TABLE F
All Rates Listed Are "Not To Exceed" Fees
EXHIBIT A
Resolution No. ______
4 hour max. $357368.00
(f) LINERS
Adult $646665.00
Infant $281289.00
Cremation Vault (2 piece) $150154.00
Oversize Liner (if required) $935963.00
(g) OPENING AND CLOSING RATE
Adult $657677.00
Infant (Babyland) $400412.00
Urn Interment (per urn) $157162.00
(h) BURIAL SITES
Adult $9931,023.00
Infant (Babyland) $256264.00
Infant (any site not in Babyland) $9931,023.00
(i) INURNMENT
Vault $150154.00
Opening/Closing $150154.00
Grave Side Service Preparation (optional) $184190.00
Second Right of Inurnment $250258.00
(j) DISURNMENTS
Urn $218225.00
(k) RAISE GRAVE $147151.00
(l) MARKER SETTING FEES
5" x 8" bronze plus tax $8992.00
4" x 12" x 2" x 3" plus tax $9699.00
8" x 16" x 2" x 3" plus tax $100103.00
10" x 20" x 2" x 3" plus tax $113116.00
12" x 24" x 2" x 3" plus tax $118122.00
12" x 24" bronze plus tax $118122.00
12" x 36" x 2" x 3" plus tax $175180.00
14" x 36" x 2" x 3" plus tax $180185.00
PARKS RECREATION DEPT – RATE TABLE F
All Rates Listed Are "Not To Exceed" Fees
EXHIBIT A
Resolution No. ______
5. GOLD MOUNTAIN GOLF COMPLEX (prices do not include sales tax)
Golf Senior Rates apply at age 62.
(a) CASCADE COURSE
Friday 18 Holes $42.00
Weekday 18 Holes (Mon-Thurs) $39.00
Weekday 1pm – 3pm $33.00
Weekend/Holiday 18 Holes (Note: 1) $46.00
Weekend 2pm – 3pm $37.00
Weekday 9 Holes (Mon-Thurs) $25.00
Weekend/Holiday 9 Holes $28.00
Continuation Fee $20.00
Twilight Weekday (Mon-Thurs) $26.00
Twilight Weekend/Holiday $29.00
League Rate (Not Sat, Sun or Holiday) $20.00
Senior 18 Holes (Mon-Thurs) $34.00
Junior 18 Holes (Mon-Thurs) $13.00
Junior Twilight Weekend/Holiday $14.00
Family Golf (up to 4) (Note: 4) $25.00
All Day Monday – Tuesday $64.00
Senior Punch Card (Not Sat, Sun or Holiday)
(Note: 2) $230.00
Regular 20 Round Punch Card $540.00
Regular 10 Round Punch Card $290.00
Junior 10 Round Punch Card $90.00
Low Income Sr. Punch Card (Not Sat, Sun or
Holiday) (Note 2 & 6) $90.00
Monthly Twilight Pass (7 days a week) $109.00
Corporate Pass (Mon-Thurs) (2 Officers) $4,000.00
Corporate Pass w/ power cart (Mon-Thurs) (2 Officers) (Note: 2) $5,000.00
Daily Private Cart $17.00
Shotgun Tournament (Not To Exceed 18 Hole Green Fee)
(Note: 7) $75.00
Military Pass (100) no tax $2,300.00
(b) OLYMPIC COURSE RATE
Friday 18 Holes $52.00
Weekday 18 Holes (Mon-Thurs) $48.00
Weekday 1pm – 3pm $37.00
Weekend/Holiday 18 Holes (Note: 1) $66.00
Weekend 2pm – 3pm $46.00
Weekday 9 Holes (mon-Thurs) $27.00
PARKS RECREATION DEPT – RATE TABLE F
All Rates Listed Are "Not To Exceed" Fees
EXHIBIT A
Resolution No. ______
Weekend/Holiday 9 Holes $36.00
Continuation Fee $20.00
Twilight Weekday (Mon-Thurs) $28.00
Twilight Weekend/Holiday $30.00
League Rate (Not Sat, Sun or Holiday) $20.00
Senior 18 Holes (Mon-Thurs) $42.00
Junior 18 Holes (mon-Thurs) $23.00
Junior Twilight Weekend/Holiday $20.00
Family Golf (up to 4) (Note: 4) $25.00
All day Monday-Tuesday $64.00
Shotgun Tournament (Not To Exceed 18 Hole Green Fee)
(Note: 1) $100.00
Weekend Early Bird $50.00
Weekday Early Bird $36.00
Olympic Punchcard Plus $13.00
Annual Pass Single $2,030.00
Annual Pass Couple $3,360.00
Annual Pass Family (Note: 5)
$2,800.00
plus
$200.00
per junior
Annual Pass Junior (Mon-Thurs) (Note: 3) $400.00
Annual Pass Sr. Single (Not Sat, Sun or Holiday $1,370.00
Annual Pass Sr. Couple (Not Sat, Sun or Holiday $2,160.00
Semi Annual Single – first ½ of year $875.00
Semi Annual Single – second ½ of year $950.00
Semi Annual Couple – first ½ of year $1,450.00
Semi Annual Couple – second ½ of year $1,500.00
Semi Annual Sr. Single – first ½ of year (Not Sat. Sun or
Holiday) $600.00
Semi Annual Sr. Single – second ½ of year (Not Sat, Sun or
Holiday) $650.00
Semi Annual Sr. Couple – first ½ of year (Not Sat, Sun or
Holiday) $1,000.00
Semi Annual Couple – second ½ of year (Not Sat, Sun or
Holiday $1,050.00
1. Saturday, Sunday or Holiday (May-September Not to Exceed Rate)
2. May be used for twilight any day of the week including holidays.
3. Friday-Sunday and Holidays depending on availability.
4. Family of up to 4, either course. After 1:00 p.m. January, February, November & December, after
3:00 p.m. March & October, after 4:00 p.m. April and after 6:00 p.m. May & September.
5. June through September, Juniors may only play after 11:00 a.m. on weekends and holidays.
6. Ages 62 & up with household income <$18,000. RCW 71.38.070
7. A reduced rate, not less than the current twilight rate, may be offered with the approval of the
PARKS RECREATION DEPT – RATE TABLE F
All Rates Listed Are "Not To Exceed" Fees
EXHIBIT A
Resolution No. ______
Director of Parks & Recreation.
PUBLIC WORKS AND UTILITIES – RATE TABLE G
All Rates Listed Are "Not To Exceed" Fees
EXHIBIT A
Resolution No. _____
G. PUBLIC WORKS AND UTILITIES DEPARTMENT
RATE
1. RIGHT-OF WAY USE PERMITS FEES
Type A (Short Term Use) Regular (Misc.
Construction)
$160.00
Dumpster – Individual personal use No Charge
Dumpster – Commercial/Construction $60.00
Type B (Disturbance of ROW)
Sidewalk Repairs (2 inspections) $55.00
Driveway, Transverse Street Patch and Spot
Patches (2 inspections)
$160.00
Frontage Improvements (curb, gutter, sidewalk,
illumination, etc.); Longitudinal Street Patch; and
Utility Installation
$3.15/ft with a $160.00 minimum
New Street $5.25/ft with a $625.00 minimum
Water & Sewer Mains & Laterals (ROW Permit) (2
inspections)
$160.00
Additional Inspection $50.00
Type C (Long Term Use)
Application and Processing $100.00
Use longer than one year 1/10 adjoining land value set in the
County Assessor's records per square
foot of impacted ROW annually with a
$100 minimum.
Use shorter than one year 1/50 adjoining land value set in the
County Assessor's records per square
foot of impacted ROW monthly with a
$100 minimum.
Type D Regular (Franchised Utility Routine Maintenance) $100.00
Plan Reviews $0.25/foot of improvement with $105
minimum
Additional Work $45.00/hour + equipment charges
2. RIGHT-OF-WAY VACATION $575.00
3. TELECOM MASTER PERMIT FEE $525.00/one time
4. TELECOM LICENSE FEE $210.00/one time
5. DRIVEWAY DECOMMISSIONING
AND RECOMMISSIONING FEE
$270.00
PUBLIC WORKS AND UTILITIES – RATE TABLE G
All Rates Listed Are "Not To Exceed" Fees
EXHIBIT A
Resolution No. _____
RATE
6. BMC 10.24 HOUSEMOVING/OVERSIZE LOADS $600+$65/mile to .10 of a mile
BREMERTON KITSAP ACCESS TELEVISION (BKAT) – RATE TABLE H
All Rates Listed are "Not To Exceed" Fees
EXHIBIT A
Resolution No. _____
H. BREMERTON KITSAP ACCESS TELEVISION (BKAT)
1. Pre-production RATE
Equipment Consultation $100/per hour
Program Development $100/per hour
Research $100/per hour
Location $100/per hour
Scripting $100/per hour
Graphics Development $100/per hour
2. EQUIPMENT STUDIO $25.00 per hour
(minimum 2 hours)
3. PRODUCTION*
Set-up $100 per hour
Production $100/per hour
Breakdown $100/per hour
*minimum of 2 hours for any productions
4. Post Production
Edit $100 per hour
Voice Over $100 per hour
5. Training
Studio $100
3 hours of camera and director training – max 4 people
Edit $50
5 hours of Apple Final Cut
6. Miscellaneous
Equipment Installation $100 per hour
Equipment Troubleshooting and Repair $100 per hour
DVD Duplication $35.84 (includes tax)
7. Membership (Annual)
Individual Resident $25.00
Individual Non-Resident $35.00
Organization – Resident $75.00
Organization – Non-Resident $100.00
BREMERTON KITSAP ACCESS TELEVISION (BKAT) – RATE TABLE H
All Rates Listed are "Not To Exceed" Fees
EXHIBIT A
Resolution No. _____
8. Rental Rate
Field Equipment
Tripod $25.00 Per Hour ($300.00 Deposit)
Light Kit $50.00 Per Hour ($300.00 Deposit)
Lavalier Mic $20.00 Per Hour ($300.00 Deposit)
Video Monitor $25.00 Per Hour ($300.00 Deposit)
Studio Equipment
Studio $50.00 Per Hour ($1,000.00 Deposit)
Lights $25.00
Control Room $50.00
Wireless mics (4) $25.00
Teleprompter $25.00
Misc $10 ea
Tables, chairs, easels, table cloths
9. Public Service
Announcement with voice over.
A public service announcement
with voice over is an option as part
of the Special Event Permit through
the City. The public service
announcement will air on BKAT for
a minimum of two weeks.
$25.00 Proof of Special Events
Permit also required
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
SUBJECT: Ordinance No. _____ amending
Section 3.86.200 of the Bremerton Municipal
Code relating to business and occupation
taxes, and further amending Chapter 3.48.
Study Session Date: 11/28/12
COUNCIL MEETING Date: 12/05/12
Department: Finance
Presenter: Becky Hasart
Phone: 473-5722
SUMMARY: The City of Bremerton is one of 39 cities imposing a business and occupation tax. As
such, we have an obligation to insure our model tax ordinance remains up to date. The model B&O
tax ordinance is reviewed every four years to insure our provisions remain current with RCW. The
attached updates our code accordingly.
Also attached with the agenda item is a fact sheet prepared by the Association of Washington Cities
outlining the changes being made to the model B&O ordinance. The two major changes are related
to “digital goods” and confidentiality of tax returns.
ATTACHMENTS: AWC fact sheet; Ordinance No. _____
FISCAL IMPACTS (Include Budgeted Amount): This change is a housekeeping measure. There is
no fiscal impact.
STUDY SESSION AGENDA: ☒ No Discussion ☐ Full Presentation
STUDY SESSION ACTION: ☐ Consent Agenda ☐ General Business ☐ Public Hearing
RECOMMENDED MOTION:
Move to approve Ordinance No. _____ amending Section 3.86.200 of the BMC entitled “Public
Disclosure—Confidentiality—Information Sharing” relating to business and occupation taxes, and
further amending Chapter 3.48 of the BMC entitled “Business and Occupation Taxes.”
COUNCIL ACTION: Approve Deny Table Continue No Action
Form Updated 11/02/12
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ORDINANCE NO. ________
AN ORDINANCE of the City Council of the City of
Bremerton, Washington, amending Section 3.86.200 of the
Bremerton Municipal Code entitled “Public Disclosure –
Confidentiality – Information Sharing relating to business and
occupation taxes, and further amending Chapter 3.48 of the
Bremerton Municipal Code entitled “Business and Occupation
Taxes.”
WHEREAS, changes were recently made to the business & occupation tax model
ordinance which incorporates amendments to state law that were adopted since the model code
was last updated in 2008; and
WHEREAS, the City Council desires to amend its business and occupation tax
code and related administrative provisions to incorporate into the city’s business & occupation
code the changes to the business & occupation tax model ordinance, and to make other related
amendments; NOW THEREFORE,
THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON,
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Section 3.86.200 of the Bremerton Municipal Code entitled
"Public Disclosure – Confidentiality – Information Sharing" is hereby amended to read as
follows:
3.86.200 PUBLIC DISCLOSURE – CONFIDENTIALITY – INFORMATION
SHARING.
(1) For purposes of this section, unless a different meaning is clearly established by
context, the following definitions apply:
(a) "Disclose" means to make known to any person in any manner whatever, a
return or tax information.
(b) "Tax information" means:
(i) A taxpayer's identity;
(ii) The nature, source, or amount of the taxpayer's income, payments,
receipts, deductions, exemption, credits, assets, liability, net worth, tax liability deficiencies, over
assessments, or tax payments, whether taken from the taxpayer's books and records or any other
source;
(iii) Whether the taxpayer's return was, is being, or will be examined or
subject to other investigation or processing; or
(iv) Other data received by, recorded by, prepared by, or provided to
the Director City with respect to a taxpayer; provided, that tax information shall not include the
determination or the existence, or possible existence, of liability, or the amount thereof, of a
person under the City’s tax codes defined in Section 3.86.015 BMC above for a tax, penalty,
interest, fine, forfeiture, or other imposition, or offense. However, data, material, or documents
that do not disclose information related to a specific or identifiable taxpayer do not constitute tax
information under this section. Nothing in this chapter requires any person possessing data,
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material, or documents made confidential and privileged by this section to delete information
from such data, material or documents so as to permit its disclosure.
(c) “City agency” means every City office, department, division, bureau,
board, commission, or other City agency.
(d) "Taxpayer identity" means the taxpayer's name, address, telephone
number, registration number, or any combination thereof, or any other information disclosing the
identity of the taxpayer.
(2) Returns and tax information are confidential and privileged, and except as
authorized by this section, neither the Director nor any other person may disclose any return or
tax information.
(3) This section does not prohibit the Director from:
(a) Disclosing such return or tax information in a civil or criminal judicial
proceeding or an administrative proceeding:
(i) In respect of any tax imposed under City’s tax codes defined in
Section 3.86.015 BMC above if the taxpayer or its officer or other person liable under this title is
a party in the proceeding; or
(ii) In which the taxpayer about whom such return or tax information
is sought and another state agency are adverse parties in the proceeding.
(b) Disclosing, subject to such requirements and conditions as the Director
prescribes by rules adopted pursuant to Section 3.86.160 BMC, such return or tax information
regarding a taxpayer to such taxpayer or to such person or persons as that taxpayer may
designate in a request for, or consent to, such disclosure, or to any other person, at the taxpayer's
request, to the extent necessary to comply with a request for information or assistance made by
the taxpayer to such other person. However, tax information not received from the taxp ayer must
not be so disclosed if the Director determines that such disclosure would compromise any
investigation or litigation by any federal, state, or local government agency in connection with
the civil or criminal liability of the taxpayer or another p erson, or that such disclosure would
identify a confidential informant, or that such disclosure is contrary to any agreement entered
into by the department that provides for the reciprocal exchange of information with other
government agencies which agreem ent requires confidentiality with respect to such information
unless such information is required to be disclosed to the taxpayer by the order of any court;
(c) Publishing statistics so classified as to prevent the identification of
particular returns or reports or items thereof;
(d) Disclosing such return or tax information, for official purposes only, to the
Mayor or City Attorney, or to any City agency, or to any member of the City Council or their
authorized designees dealing with matters of taxation, revenue, trade, commerce, the control of
industry or the professions;
(e) Permitting the City’s records to be audited and examined by the proper
state officer, his or her agents and employees;
(f) Disclosing any such return or tax information to a peace officer as defined
in RCW 9A.04.110 or prosecuting attorney, for official purposes. The disclosure may be made
only in response to a search warrant, subpoena, or other court order, unless the disclosure is for
the purpose of criminal tax enforcement. A peace officer or prosecuting attorney who receives the
return or tax information may disclose that return or tax information only for use in the
investigation and a related court proceeding, or in the court proceeding for which the return or tax
information originally was sou ght or where otherwise allowed to be disclosed under this Section;
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(g) Disclosing any such return or tax information to the proper officer of the
Internal Revenue Service of the United States, the Canadian government or provincial
governments of Canada, or to the proper officer of the tax department of any state or city or town
or county, for official purposes, but only if the statutes of the United States, Canada or its
provincial governments, or of such other state or city or town or county, as the case may be,
grants substantially similar privileges to the proper officers of the City;
(h) Disclosing any such return or tax information to the United States
Department of Justice, including the bureau of alcohol, tobacco, firearms and explosives, the
department of defense, the immigration and customs enforcement and the customs and border
protection agencies of the United States department of homeland security, the United States coast
guard, the alcohol and tobacco tax and trade bureau of the United States department of treasury,
and the United States department of transportation, or any authorized representative of these
federal agencies or their successors, for official purposes;
(i) Publishing or otherwise disclosing the text of a written determination
designated by the Director as a precedent pursuant to RCW 82.32.410;
(j) Disclosing, in a manner that is not associated with other tax information,
the taxpayer name, entity type, business address, mailing address, revenue tax registration
numbers and the active/closed status of such registrations, state or local business license
registration identification and the active/closed status and effective dates of such licenses, reseller
permit numbers and the expiration date and status of such permits, North American industry
classification system or standard industrial classification code of a taxpayer, and the dates of
opening and closing of business. Except that this subsection may not be construed as giving
authority to the City or any recipient to give, sell, or provide access to any list of taxpayers for any
commercial purpose;
(k) Disclosing such return or tax information that is also maintained by another
Washington state or local governmental agency as a public record available for inspection and
copying under the provisions of chapter 42.56 RCW or is a document maintained by a court of
record and is not otherwise prohibited from disclosure;
(l) Disclosing such return or tax information to the United States department
of agriculture, or successor department or agency, for the limited purpose of investigating food
stamp fraud by retailers;
(m) Disclosing to a financial institution, escrow company, or title company, in
connection with specific real property that is the subject of a real estate transaction, current
amounts due the CIity for a filed tax warrant, judgment, or lien against the real property;
(n) Disclosing to a person against whom the department has asserted liability
as a successor under Section 3.86.130 BMC return or tax information pertaining to the specific
business of the taxpayer to which the person has succeeded;
(o) Disclosing real estate excise tax affidavit forms filed under Chapter 3.84
BMC in the possession of the City, including real estate excise tax affidavit forms for transactions
exempt or otherwise not subject to tax;
(p) Disclosing such return or tax information to the court or hearing examiner
in respect to the City's application for a subpoena if there is probable cause to believe that the
records in possession of a third party will aid the Director in connection with its official duties
under this title or a civil or criminal investigation.
(4) (a) The Director may disclose return or taxpayer information to a person
under investigation or during any court or administrative proceeding against a person under
investigation as provided in this subsection, BMC 3.86.200(4). The disclosure must be in
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connection with the department's official duties under this Chapter, or a civil or criminal
investigation. The disclosure may occur only when the person under investigation and the person
in possession of data, materials, or documents are parties to the return or tax information to be
disclosed. The department may disclose return or tax information such as invoices, contracts,
bills, statements, resale or exemption certificates, or checks. However, the department may not
disclose general ledgers, sales or cash receipt journals, check registers, accounts
receivable/payable ledgers, general journals, financial statements, expert's workpapers, income
tax returns, state tax returns, tax return workpapers, or other similar data, materials, or
documents.
(b) Before disclosure of any tax return or tax information under this
subsection, BMC 3.86.200(4), the Director must, through written correspondence, inform the
person in possession of the data, materials, or documents to be disclosed. The correspondence
must clearly identify the data, materials, or documents to be disclosed. The Director may not
disclose any tax return or tax information under this subsection, BMC 3.86.200(4), until the time
period allowed in (c) below of this subsection has expired or until the court has ruled on any
challenge brought under (c) of this subsection.
(c) The person in possession of the data, materials, or documents to be
disclosed by the department has twenty days from the receipt of the written request required
under (b) of this subsection to petition the superior court of the county in which the petitioner
resides for injunctive relief. The court must limit or deny the request of the Director if the court
determines that:
(i) The data, materials, or documents sought for disclosure are
cumulative or duplicative, or are obtainable from some other source that is more convenient, less
burdensome, or less expensive;
(ii) The production of the data, materials, or documents sought would
be unduly burdensome or expensive, taking into account the needs of the department, the amount
in controversy, limitations on the petitioner's resources, and the importance of the
issues at stake; or
(iii) The data, materials, or documents sought for disclosure contain
trade secret information that, if disclosed, could harm the petitioner.
(d) The Director must reimburse reasonable expenses for the production of
data, materials, or documents incurred by the person in possession of the data, materials, or
documents to be disclosed.
(e) Requesting information under (b) of this subsection that may indicate that
a taxpayer is under investigation does not constitute a disclosure of tax return or tax information
under this section.
(5) Service of a subpoena issued by the court does not constitute a disclosure of return or
tax information under this section. Notwithstanding anything else to the contrary in this section,
a person served with a subpoena issued by the may disclose the existence or content of the
subpoena to that person's legal coun sel.
(6) Any person acquiring knowledge of any return or tax information in the course of his
or her employment with the City and any person acquiring knowledge of any return or tax
information as provided under subsection (3) (d), (e), (f), (g), (h), (i), or (k) of this section, who
discloses any such return or tax information to another person not entitled to knowledge of such
return or tax information under the provisions of this section, is guilty of a misdemeanor. If the
person guilty of such violation is an officer or employee of the City, such person must forfeit
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such office or employment and is incapable of holding any public office or employment in the
City for a period of two years thereafter.
(2) Tax returns and information are "public records" as that term is defined in RCW
42.17.020. The Director shall not disclose tax information if disclosure would violate Chapter
42.17 RCW or any other law prohibiting disclosure.
(3) Tax information may be disclosed to the following:
(a) The Mayor, members of the City Council, City Attorney, City Clerk, or
their authorized designees, for official purposes;
(b) Any agency or officer of the United States of America, the State of
Washington, or a tax department of any state, county, city or town; provided, that the agency or
officer grants substantially similar privileges to the City; and further provided, that the agency or
officer shall not further disclose the tax information except as authorized in this section.
(4) Nothing in this section shall prevent the use of tax information by the Director or
any other agency in any civil or criminal action involving any license, tax, interest, or penalty.
(5) A person disclosing tax information to a person not entitled to receive that
information under this section is guilty of a misdemeanor, and if the person violating this privacy
requirement is an officer or employee of the City, such person may be required to forfeit their
office or employment.
SECTION 2. Chapter 3.48 of the Bremerton Municipal Code entitled “Business
and Occupation Taxes” is hereby amended to read as follows:
Chapter 3.48
BUSINESS AND OCCUPATION TAXES
3.48.020 EXERCISE OF REVENUE LICENSE POWER.
The provisions of this chapter shall be deemed an exercise of the power of the City to
license and/or tax for revenue. The provisions of this chapter are subject to periodic statutory or
administrative rule changes or judicial interpretations of the ordinances or rules. The
responsibility rests with the licensee or taxpayer to reconfirm tax computation procedures and
remain in compliance with the City code.
3.48.025 BUSINESS LICENSE – REQUIRED.
It is unlawful for any person to engage in business in the City without having first
obtained a business license pursuant to Chapter 5.02 BMC.
3.48.028 ADMINISTRATIVE PROVISIONS.
The provisions contained in Chapter 3.86 BMC shall be fully applicable to the provisions of this
chapter except as expressly stated to the contrary herein.
3.48.030 DEFINITIONS.
In construing the provisions of this chapter, the following definitions shall be applied.
Words in the singular number shall include the plural, and the plural shall include the singular.
"Advance," "reimbursement."
(1) "Advance" means money or credits received by a taxpayer from a customer or
client with which the taxpayer is to pay costs or fees on behalf of the customer or client.
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(2) "Reimbursement" means money or credits received from a customer or client to
repay the taxpayer for money or credits expended by the taxpayer in payment of costs or fees of
the customer or client.
"Agricultural product" means any product of plant cultivation or animal husbandry
including, but not limited to: a product of horticulture, grain cultivation, vermiculture,
viticulture, or aquaculture as defined in RCW 15.83.48015.85.020; plantation Christmas trees;
turf; or any animal including but not limited to an animal that is a private sector cultured aquatic
product as defined in RCW 15.85.02015.83.480, or a bird, or insect, or the substances obtained
from such an animal. "Agricultural product" does not include animals intended to be pets.
"Artistic or cultural organization." As used in this chapter:
(1) The term "artistic or cultural organization" means an organization which is
organized and operated exclusively for the purpose of providing artistic or cultural exhibitions,
presentations, or performances or cultural or art education programs, as defined in subsection
(10) of this definition, for viewing or attendance by the general public.
(2) The organization must be a not-for-profit corporation under Chapter 24.03 RCW.
(3) The organization must be managed by a governing board of not less than eight (8)
individuals none of whom is a paid employee of the organization or by a corporation sole under
Chapter 24.12 RCW.
(4) No part of its income may be paid directly or indirectly to its members,
stockholders, officers, directors, or trustees except in the form of services rendered by the
corporation in accordance with its purposes and bylaws.
(5) Salary or compensation paid to its officers and executives must be only for actual
services rendered, and at levels comparable to the salary or compensation of like positions within
the State.
(6) Assets of the corporation must be irrevocably dedicated to the activities for which
the exemption is granted and, on the liquidation, dissolution, or abandonment by the corporation,
may not inure directly or indirectly to the benefit of any member or individual except a nonprofit
organization, association, or corporation which also would be entitled to the exemption.
(7) The corporation must be duly licensed or certified when licensing or certification
is required by law or regulation.
(8) The amounts received that qualify for exemption must be used for the activities
for which the exemption is granted.
(9) Services must be available regardless of race, color, national origin, ancestry,
religion, age, sex, marital status, sexual orientation, Vietnam or disabled veteran status, or the
presence of any mental or physical disability.
(10) The term "artistic or cultural exhibitions, presentations, or performances or
cultural or art education programs" is limited to:
(a) An exhibition or presentation of works of art or objects of cultural or
historical significance, such as those commonly displayed in art or history museums;
(b) A musical or dramatic performance or series of performances; or
(c) An educational seminar or program, or series of such programs, offered by
the organization to the general public on an artistic, cultural, or historical subject.
"Business" includes all activities engaged in with the object of gain, benefit, or
advantage to the taxpayer or to another person or class, directly or indirectly.
"Business and occupation tax" or "gross receipts tax" means a tax imposed on or
measured by the value of products, the gross income of the business, or the gross proceeds of
sales, as the case may be, and that is the legal liability of the business.
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"Cash discount" means a deduction from the invoiced amount allowed by the seller if
the bill is paid within a certain time period or before a specified date.
"City" means City of Bremerton, Washington.
"Commercial or industrial use" means the following uses of products, including by-
products, by the extractor or manufacturer thereof:
(1) Any use as a consumer;
(2) Any use in the manufacturing of products including articles, substances or
commodities.
"Competitive telephone service" means the providing by any person of
telecommunications equipment or apparatus, or service related to that equipment or apparatus
such as repair or maintenance service, if the equipment or apparatus is of a type which can be
provided by persons that are not subject to regulation as telephone companies under RCW Title
80 and for which a separate charge is made.
"Consumer" means the following:
(1) Any person who purchases, acquires, owns, holds, or uses any tangible or
intangible personal property irrespective of the nature of the person's business and including,
among others, without limiting the scope hereof, persons who install, repair, clean, alter,
improve, construct, or decorate real or personal property of or for a consumer other than for the
purpose of:
(a) Resale as tangible or intangible personal property in the regular course of
business;
(b) Incorporating such property as an ingredient or component of real or
personal property when installing, repairing, cleaning, altering, imprinting, improving,
constructing, or decorating such real or personal property of or for consumers;
(c) Incorporating such property as an ingredient or component of a new
product or as a chemical used in processing a new product when the primary purpose of such
chemical is to create a chemical reaction directly through contact with an ingredient of a new
product; or
(d) Consuming the property in producing ferrosilicon which is subsequently
used in producing magnesium for sale, if the primary purpose of such property is to create a
chemical reaction directly through contact with an ingredient of ferrosilicon;
(2) Any person engaged in any business activity taxable under BMC 3.48.050(1)(g);
(3) Any person who purchases, acquires, or uses any competitive telephone service as
herein defined, other than for resale in the regular course of business;
(4) Any person who purchases, acquires, or uses any personal, business, or
professional service defined as a retail sale or retail service in this section other than for resale in
the regular course of business;
(5) Any person who is an end user of software;
(6) Any person engaged in the business of "public road construction" in respect to
tangible personal property when that person incorporates the tangible personal property as an
ingredient or component of a publicly owned street, place, road, highway, easement, right-of-
way, mass public transportation terminal or parking facility, bridge, tunnel, or trestle by
installing, placing or spreading the property in or upon the right-of-way of a publicly owned
street, place, road, highway, easement, bridge, tunnel, or trestle or in or upon the site of a
publicly owned mass public transportation terminal or parking facility;
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(7) Any person who is an owner, lessee or has the right of possession to or an
easement in real property which is being constructed, repaired, decorated, improved, or
otherwise altered by a person engaged in business;
(8) Any person who is an owner, lessee, or has the right of possession to personal
property which is being constructed, repaired, improved, cleaned, imprinted, or otherwise altered
by a person engaged in business;
(9) Any person engaged in government contracting. Any such person shall be a
consumer within the meaning of this definition in respect to tangible personal property
incorporated into, installed in, or attached to such building or other structure by such person.
Nothing contained in this or any other subsection of this definition shall be construed to modify
any other definition of "consumer."
"Deficiency" means the amount of tax imposed by law less any tax reported by the
taxpayer on a tax return.
"Delivery" means the transfer of possession of tangible personal property between the
seller and the buyer or the buyer's representative. Delivery to an employee of a buyer is
considered delivery to the buyer. Transfer of possession of tangible personal property occurs
when the buyer or the buyer's representative first takes physical control of the property or
exercises dominion and control over the property. "Dominion and control" means the buyer has
the ability to put the property to the buyer's own purposes. It means the buyer or the buyer's
representative has made the final decision to accept or reject the property, and the seller has no
further right to possession of the property and the buyer has no right to return the property to the
seller, other than under a warranty contract. A buyer does not exercise dominion and control over
tangible personal property merely by arranging for shipment of the property from the seller to
itself. A buyer's representative is a person, other than an employee of the buyer, who is
authorized in writing by the buyer to receive tangible personal property and take dominion and
control by making the final decision to accept or reject the property. Neither a shipping company
nor a seller can serve as a buyer's representative. It is immaterial where the contract of sale is
negotiated or where the buyer obtains title to the property. Delivery terms and other provisions of
the Uniform Commercial Code (RCW Title 62A) do not determine when or where delivery of
tangible personal property occurs for purposes of taxation.
"Digital automated service," "digital code," and "digital goods" have the same
meaning as in RCW 82.04.192.
"Digital products" means digital goods, digital codes, digital automated services, and
the services described in RCW 82.04.050(2)(g) and (6)(b).
"Director" means the Director of Financial Services of the City or any officer, agent or
employee of the City designated to act on the Director's behalf.
"Eligible gross receipts tax" means a tax which:
(1) Is imposed on the act or privilege of engaging in business activities within BMC
3.48.050; and
(2) Is measured by the gross volume of business, in terms of gross receipts and is not
an income tax or value added tax; and
(3) Is not, pursuant to law or custom, separately stated from the sales price; and
(4) Is not a sales or use tax, business license fee, franchise fee, royalty or severance
tax measured by volume or weight, or concession charge, or payment for the use and enjoyment
of property, property right or a privilege; and
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(5) Is a tax imposed by a local jurisdiction, whether within or without the State of
Washington, and not by a country, state, province, or any other non-local jurisdiction above the
County level.
"Engaging in business," "nexus."
(1) The term "engaging in business" means commencing, conducting, or continuing
in business, and also the exercise of corporate or franchise powers, as well as liquidating a
business when the liquidators thereof hold themselves out to the public as conducting such
business.
(2) This section sets forth examples of activities that constitute engaging in business
in the City, and establishes safe harbors for certain of those activities so that a person who meets
the criteria may engage in de minimis business activities in the City without having to register
and obtain a business license or pay City business and occupation taxes. The activities listed in
this section are illustrative only and are not intended to narrow the definition of "engaging in
business" in subsection (1) of this definition. If an activity is not listed, whether it constitutes
engaging in business in the City shall be determined by considering all the facts and
circumstances and applicable law.
(3) Without being all inclusive, any one (1) of the following activities conducted
within the City by a person, or its employee, agent, representative, independent contractor,
broker or another acting on its behalf constitutes engaging in business and requires a person to
register and obtain a business license pursuant to Chapter 5.02 BMC.
(a) Owning, renting, leasing, maintaining, or having the right to use, or using,
tangible personal property, intangible personal property, or real property permanently or
temporarily located in the City.
(b) Owning, renting, leasing, using, or maintaining, an office, place of
business, or other establishment in the City.
(c) Soliciting sales.
(d) Making repairs or providing maintenance or service to real or tangible
personal property, including warranty work and property maintenance.
(e) Providing technical assistance or service, including quality control,
product inspections, warranty work, or similar services on or in connection with tangible
personal property sold by the person or on its behalf.
(f) Installing, constructing, or supervising installation or construction of real
or tangible personal property.
(g) Soliciting, negotiating, or approving franchise, license, or other similar
agreements.
(h) Collecting current or delinquent accounts.
(i) Picking up and transporting tangible personal property, solid waste,
construction debris, or excavated materials.
(j) Providing disinfecting and pest control services, employment and labor
pool services, home nursing care, janitorial services, appraising, landscape architectural services,
security system services, surveying, and real estate services including the listing of homes and
managing real property.
(k) Rendering professional services such as those provided by accountants,
architects, attorneys, auctioneers, consultants, engineers, professional athletes, barbers, baseball
clubs and other sports organizations, chemists, consultants, psychologists, court reporters,
dentists, doctors, detectives, laboratory operators, teachers, and veterinarians.
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(l) Meeting with customers or potential customers, even when no sales or
orders are solicited at the meetings.
(m) Training or recruiting employees, agents, representatives, independent
contractors, brokers or others, domiciled or operating on a job in the City, acting on its behalf, or
for customers or potential customers.
(n) Investigating, resolving, or otherwise assisting in resolving customer
complaints.
(o) In-store stocking or manipulating products or goods, sold to and owned by
a customer, regardless of where sale and delivery of the goods took place.
(p) Except as provided in subsection (5) of this definition, delivering goods in
vehicles owned, rented, leased, used, or maintained by the person or another acting on its behalf.
(q) Accepting or executing a contract with the City, irrespective of whether
goods or services are delivered within or without the City, or whether the person's office or place
of business is within or without the City.
(4) Not Engaging in Business. If a person, or its employee, agent, representative,
independent contractor, broker or another acting on the person's behalf, engages in no other
activities in or with the City but the following, that person is not engaging in business and
therefore is not required to register and obtain a City business license pursuant to Chapter 5.02
BMC or pay City business and occupation taxes pursuant to this chapter:
(a) Meeting with suppliers of goods and services as a customer.
(b) Meeting with government representatives in their official capacity, other
than those performing contracting or purchasing functions.
(c) Attending meetings, such as board meetings, retreats, seminars, and
conferences, or other meetings wherein the person does not provide training in connection with
tangible personal property sold by the person or on its behalf.
(d) Renting tangible or intangible property as a customer when the property is
not used in the City.
(e) Attending, but not participating in, a trade show or multiple vendor events.
Persons participating at a trade show shall review the City's trade show or multiple vendor event
ordinances.
(f) Conducting advertising through the mail.
(g) Soliciting sales by phone from a location outside the City.
(h) Providing language interpretive services to the Bremerton Municipal
Court.
(5) A business located outside the City merely delivering goods into the City by
common carrier or other means, including use of its own vehicles, is not required to register and
obtain a business license; provided, that it engages in no other business activities in the City.
Such business activities do not include those in subsection (4) of this definition.
(6) "Nexus." A person has created nexus with the City if, whether itself or by its
employees, agents, representatives, independent contractors, brokers or others acting on its
behalf, it:
(a) Is physically present in the City;
(b) Endeavors to maintain a share of the market within the City; or
(c) Avails itself of the economic benefits of the City.
The City expressly intends that engaging in business includes any activity
sufficient to establish nexus for purposes of applying the tax under the law and the constitutions
of the United States and the State of Washington. Nexus is presumed to continue as long as the
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taxpayer benefits from the activity that constituted the original nexus-generating contact or
subsequent contacts.
"Extracting" is the activity engaged in by an extractor and is reportable under the
extracting classification.
"Extractor" means every person who from the person's own land or from the land of
another under a right or license granted by lease or contract, either directly or by contracting with
others for the necessary labor or mechanical services, for sale or for commercial or industrial
use, mines, quarries, takes or produces coal, oil, natural gas, ore, stone, sand, gravel, clay,
mineral or other natural resource product; or fells, cuts or takes timber, Christmas trees, other
than plantation Christmas trees, or other natural products; or takes fish, or takes, cultivates, or
raises shellfish, or other sea or inland water foods or products. "Extractor" does not include
persons performing under contract the necessary labor or mechanical services for others; persons
cultivating or raising fish entirely within confined rearing areas on the person's own land or on
land in which the person has a present right of possession; or persons who fell, cut, or take
plantation Christmas trees from the person's own land or from land in which the person has a
present right of possession; or persons meeting the definition of "farmer."
"Extractor for hire" means a person who performs under contract necessary labor or
mechanical services for an extractor.
"Farmer" means any person engaged in the business of growing or producing, upon the
person's own lands or upon the lands in which the person has a present right of possession, any
agricultural product whatsoever for sale. "Farmer" does not include a person using such products
as ingredients in a manufacturing process, or a person growing or producing such products for
the person's own consumption. "Farmer" does not include a person selling any animal or
substance obtained therefrom in connection with the person's business of operating a stockyard
or a slaughter or packing house.
"Farmer" does not include any person in respect to the business of taking, cultivating, or
raising timber.
"Gross income of the business" means the value proceeding or accruing by reason of
the business activity engaged in and includes gross proceeds of sales, compensation for the
rendition of services, gains realized from trading in stocks, bonds, or other evidences of
indebtedness, interest, discounts, rents, royalties, fees, commissions, dividends, and other
emoluments however designated, all without any deduction on account of the cost of tangible
property sold, the cost of materials used, labor costs, interest, discounts, delivery costs, taxes, or
any other expense whatsoever paid or accrued and without any deduction on account of losses.
"Gross proceeds of sales" means the value proceeding or accruing from the sale of
tangible personal property, digital goods, digital codes, digital automated services or for other
services rendered, without any deduction on account of the cost of property sold, the cost of
materials used, labor costs, interest, discounts paid, delivery costs, taxes, or any other expense
whatsoever paid or accrued and without any deduction on account of losses.
"In this City" or "within this City" includes all federal areas lying within the corporate City
limits of the City.
"Janitorial services" shall mean those cleaning and caretaking services ordinarily
performed by commercial janitor service businesses including, but not limited to, wall and
window washing, floor cleaning and waxing, and the cleaning in place of rugs, drapes and
upholstery. The term does not include painting, papering, repairing, furnace or septic tank
cleaning, snow removal, sandblasting, or cleanup related to construction activities.
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"Manufacturer," "to manufacture."
(1) "Manufacturer" means every person who, either directly or by contracting with
others for the necessary labor or mechanical services, manufactures for sale or for commercial or
industrial use from the person's own materials or ingredients any products. When the owner of
equipment or facilities furnishes, or sells to the customer prior to manufacture, materials or
ingredients equal to less than twenty (20) percent of the total value of all materials or ingredients
that become a part of the finished product, the owner of the equipment or facilities will be
deemed to be a processor for hire and not a manufacturer. A business not located in this City that
is the owner of materials or ingredients processed for it in this City by a processor for hire shall
be deemed to be engaged in business as a manufacturer in this City.
(2) "To manufacture" means all activities of a commercial or industrial nature
wherein labor or skill is applied, by hand or machinery, to materials or ingredients so that as a
result thereof a new, different or useful product is produced for sale or commercial or industrial
use, and shall include:
(a) The production of special-made or custom-made articles;
(b) The production of dental appliances, devices, restorations, substitutes, or
other dental laboratory products by a dental laboratory or dental technician;
(c) Crushing and/or blending of rock, sand, stone, gravel, or ore; and
(d) The producing of articles for sale, or for commercial or industrial use from
raw materials or prepared materials by giving such materials, articles, and substances of trade or
commerce new forms, qualities, properties or combinations including, but not limited to, such
activities as making, fabricating, processing, refining, mixing, slaughtering, packing, aging,
curing, mild curing, preserving, canning, and the preparing and freezing of fresh fruits and
vegetables.
"To manufacture" shall not include the production of digital goods or the production of
computer software if the computer software is delivered from the seller to the purchaser by
means other than tangible storage media, including the delivery by use of a tangible storage
media where the tangible storage media is not physically transferred to the purchaser.
"Manufacturing" means the activity conducted by a manufacturer and is reported under
the manufacturing classification.
"Newspaper," "magazine," "periodical."
(1) "Newspaper" means a publication offered for sale regularly at stated intervals at
least once a week and printed on newsprint in tabloid or broadsheet format folded loosely
together without stapling, glue, or any other binding of any kind.
(2) "Magazine" or "periodical" means any printed publication, other than a
newspaper, issued and offered for sale regularly at stated intervals at least once every three (3)
months, including any supplement or special edition of the publication. Any publication meeting
this definition qualifies regardless of its content.
"Nonprofit corporation or nonprofit organization" means a corporation or
organization in which no part of the income can be distributed to its members, directors, or
officers and that holds a current tax exempt status as provided under Section 501(c)(3) of the
Internal Revenue Code, as hereafter amended, or is specifically exempted from the requirement
to apply for its tax exempt status under Section 501(c)(3) of the Internal Revenue Code, as
hereafter amended. Where the term "nonprofit organization" is used, it is meant to include a
nonprofit corporation.
"Office" or "place of business" means a fixed location or permanent facility where the
regular business of the person is conducted and which is either owned by the person or over
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which the person exercises legal dominion and control. The regular business of the person is
presumed conducted at a location:
(1) Whose address the person uses as its business mailing address;
(2) Containing a telephone line listed in a public telephone directory or other similar
publication under the business name;
(3) Where the person holds itself out to the general public as conducting its regular
business through signage or other means; and
(4) Where the person is required to obtain any appropriate State and local business
license or registration unless they are exempted by law from such requirement.
A vehicle such as a pick-up, van, truck, boat or other motor vehicle is not an office or
place of business. A post office box is not an office or place of business.
If a person has an office or place of business, the person's home is not an office or place
of business unless it meets the criteria for office or place of business above. If a person has no
office or place of business, the person's home or apartment within the City will be deemed the
place of business.
"Person" means any individual, receiver, administrator, executor, assignee, trustee in
bankruptcy, trust, estate, firm, co-partnership, joint venture, club, company, joint stock company,
business trust, municipal corporation, political subdivision of the State of Washington,
corporation, limited liability company, association, society, or any group of individuals acting as
a unit, whether mutual, cooperative, fraternal, nonprofit, or otherwise and the United States or
any instrumentality thereof.
"Port District" means a port district as defined in Chapter 53.04 RCW.
"Precious metal bullion," "monetized bullion." "Precious metal bullion" means any
precious metal which has been put through a process of smelting or refining, including, but not
limited to, gold, silver, platinum, rhodium, and palladium, and which is in such state or condition
that its value depends upon its contents and not upon its form. For purposes of this section,
"monetized bullion" means coins or other forms of money manufactured from gold, silver, or
other metals and heretofore, now, or hereafter used as a medium of exchange under the laws of
this State, the United States, or any foreign nation, but does not include coins or money sold to
be manufactured into jewelry or works of art.
"Processing for hire" means the performance of labor and mechanical services upon
materials or ingredients belonging to others so that as a result a new, different or useful product
is produced for sale, or commercial or industrial use. A processor for hire is any person who
would be a manufacturer if that person were performing the labor and mechanical services upon
that person's own materials or ingredients. If a person furnishes, or sells to the customer prior to
manufacture, materials or ingredients equal to twenty (20) percent or more of the total value of
all materials or ingredients that become a part of the finished product the person will be deemed
to be a manufacturer and not a processor for hire.
"Product," "by-product."
(1) "Product" means tangible personal property, including articles, substances, or
commodities created, brought forth, extracted, or manufactured by human or mechanical effort.
(2) "By-product" means any additional product, other than the principal or intended
product, which results from extracting or manufacturing activities and which has a market value,
without regard to whether or not such additional product was an expected or intended result of
the extracting or manufacturing activities.
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"Reporting period" means:
(1) A one (1) month period beginning the first day of each calendar month (monthly);
or
(2) A three (3) month period beginning the first day of January, April, July or
October of each year (quarterly); or
(3) A twelve (12) month period beginning the first day of January of each year
(annual).
"Retail service" shall include the sale of or charge made for personal, business, or
professional services including amounts designated as interest, rents, fees, admission, and other
service emoluments however designated, received by persons engaging in the following business
activities:
(1) Amusement and recreation services including but not limited to golf, pool,
billiards, skating, bowling, swimming, bungee jumping, ski lifts and tows, basketball,
racquetball, handball, squash, tennis, batting cages, day trips for sightseeing purposes, and
others, when provided to consumers. Amusement and recreation services also include the
provision of related facilities such as basketball courts, tennis courts, handball courts, swimming
pools, and charges made for providing the opportunity to dance. The term "amusement and
recreation services" does not include instructional lessons to learn a particular activity such as
tennis lessons, swimming lessons, or archery lessons;
(2) Abstract, title insurance, and escrow services;
(3) Credit bureau services;
(4) Automobile parking and storage garage services;
(5) Landscape maintenance and horticultural services but excluding (a) horticultural
services provided to farmers and (b) pruning, trimming, repairing, removing, and clearing
of trees and brush near electric transmission or distribution lines or equipment, if
performed by or at the direction of an electric utility;
(6) Service charges associated with tickets to professional sporting events;
(7) The following personal services: physical fitness services, tanning salon services,
tattoo parlor services, steam bath services, Turkish bath services, escort services, and dating
services; and
(8) The term shall also include the renting or leasing of tangible personal property to
consumers and the rental of equipment with an operator.
"Retailing" means the activity of engaging in making sales at retail and is reported under
the retailing classification.
"Return" means any document a person is required by the City to file to satisfy or
establish a tax or fee obligation that is administered or collected by the City and that has a
statutorily defined due date.
"Royalties" means compensation for the use of intangible property, such as copyrights,
patents, licenses, franchises, trademarks, tradenames, and similar items.
"Sale," "casual or isolated sale."
(1) "Sale" means any transfer of the ownership of, title to, or possession of, property
for a valuable consideration and includes any activity classified as a "sale at retail," "retail sale,"
or "retail service." It includes renting or leasing, conditional sale contracts, leases with option to
purchase, and any contract under which possession of the property is given to the purchaser but
title is retained by the vendor as security for the payment of the purchase price. It also includes
the furnishing of food, drink, or meals for compensation whether consumed upon the premises or
not.
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(2) "Casual or isolated sale" means a sale made by a person who is not engaged in the
business of selling the type of property involved on a routine or continuous basis.
"Sale at retail," "retail sale."
(1) "Sale at retail" or "retail sale" means every sale of tangible personal property
(including articles produced, fabricated, or imprinted) to all persons irrespective of the nature of
their business and including, among others, without limiting the scope hereof, persons who
install, repair, clean, alter, improve, construct, or decorate real or personal property of or for
consumers, other than a sale to a person who presents a resale certificate under RCW 82.04.470
and who:
(a) Purchases for the purpose of resale as tangible personal property in the
regular course of business without intervening use by such person; or
(b) Installs, repairs, cleans, alters, imprints, improves, constructs, or decorates
real or personal property of or for consumers, if such tangible personal property becomes an
ingredient or component of such real or personal property without intervening use by such
person; or
(c) Purchases for the purpose of consuming the property purchased in
producing for sale a new article of tangible personal property or substance, of which such
property becomes an ingredient or component or is a chemical used in processing, when the
primary purpose of such chemical is to create a chemical reaction directly through contact with
an ingredient of a new article being produced for sale; or
(d) Purchases for the purpose of consuming the property purchased in
producing ferrosilicon which is subsequently used in producing magnesium for sale, if the
primary purpose of such property is to create a chemical reaction directly through contact with
an ingredient of ferrosilicon; or
(e) Purchases for the purpose of providing the property to consumers as part
of competitive telephone service, as defined in RCW 82.04.065. The term shall include every
sale of tangible personal property which is used or consumed or to be used or consumed in the
performance of any activity classified as a "sale at retail" or "retail sale" even though such
property is resold or utilized as provided in subsection (1)(a), (b), (c), (d), or (e) of this definition
following such use; or
(f) Purchases for the purpose of satisfying the person's obligations under an
extended warranty as defined in subsection (8) of this definition, if such tangible personal
property replaces or becomes an ingredient or component of property covered by the extended
warranty without intervening use by such person.
(2) "Sale at retail" or "retail sale" also means every sale of tangible personal property
to persons engaged in any business activity which is taxable under BMC 3.48.050(1)(g).
(3) "Sale at retail" or "retail sale" shall include the sale of or charge made for tangible
personal property consumed and/or for labor and services rendered in respect to the following:
(a) The installing, repairing, cleaning, altering, imprinting, or improving of
tangible personal property of or for consumers, including charges made for the mere use of
facilities in respect thereto, but excluding charges made for the use of coin-operated laundry
facilities when such facilities are situated in an apartment house, rooming house, or mobile home
park for the exclusive use of the tenants thereof, and also excluding sales of laundry service to
nonprofit health care facilities, and excluding services rendered in respect to live animals, birds
and insects;
(b) The constructing, repairing, decorating, or improving of new or existing
buildings or other structures under, upon, or above real property of or for consumers, including
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the installing or attaching of any article of tangible personal property therein or thereto, whether
or not such personal property becomes a part of the realty by virtue of installation, and shall also
include the sale of services or charges made for the clearing of land and the moving of earth
excepting the mere leveling of land used in commercial farming or agriculture;
(c) The charge for labor and services rendered in respect to constructing,
repairing, or improving any structure upon, above, or under any real property owned by an owner
who conveys the property by title, possession, or any other means to the person performing such
construction, repair, or improvement for the purpose of performing such construction, repair, or
improvement and the property is then reconveyed by title, possession, or any other means to the
original owner;
(d) The sale of or charge made for labor and services rendered in respect to
the cleaning, fumigating, razing or moving of existing buildings or structures, but shall not
include the charge made for janitorial services, which is taxed as a service in this chapter;
(e) The sale of or charge made for labor and services rendered in respect to
automobile towing and similar automotive transportation services, but not in respect to those
required to report and pay taxes under Chapter 82.16 RCW;
(f) The sale of and charge made for the furnishing of lodging and all other
services, except telephone business and cable service, by a hotel, rooming house, tourist court,
motel, trailer camp, and the granting of any similar license to use real property, as distinguished
from the renting or leasing of real property, and it shall be presumed that the occupancy of real
property for a continuous period of one (1) month or more constitutes a rental or lease of real
property and not a mere license to use or enjoy the same. For the purposes of this subsection, it
shall be presumed that the sale of and charge made for the furnishing of lodging for a continuous
period of one (1) month or more to a person is a rental or lease of real property and not a mere
license to enjoy the same;
(g) The installing, repairing, altering, or improving of digital goods for
consumers;
(gh) The sale of or charge made for tangible personal property, labor and
services to persons taxable under subsections (3)(a), (b), (c), (d), (e), and (f) and (g) of this
definition when such sales or charges are for property, labor and services which are used or
consumed in whole or in part by such persons in the performance of any activity defined as a
"sale at retail" or "retail sale" even though such property, labor and services may be resold after
such use or consumption. Nothing contained in this subsection shall be construed to modify
subsection (1) of this definition and nothing contained in subsection (1) of this definition shall be
construed to modify this subsection.
(4) "Sale at retail" or "retail sale" shall also include the providing of competitive
telephone service to consumers.
(5) "Sale at retail" or "retail sale" shall also include:
(a) the sale of canned prewritten software other than a sale to a person who
presents a resale certificate under RCW 82.04.470, regardless of the method of delivery to the
end user, but shall not include custom software or the customization of canned software. For
purposes of this subsection, the sale of the sale of prewritten computer software includes the sale
of or charge made for a key or an enabling or activation code, where the key or code is required
to activate prewritten computer software and put the software into use. There is no sep arate sale
of the key or code from the prewritten computer software, regardless of how the sale may
characterized by the vendor or by the purchaser. For purposes of this subsection, the term “sale
at retail” or “retail sale” does not include the sale of or charge made for:
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(i) Custom software; or
(ii) The customization of prewritten software.
(b) the charge made to consumers for the right to access and use
prewritten computer software, where possession of the software is maintained by the seller
or a third party, regardless of whether the charge for the service is on a per use, per user,
per license, subscription, or some other basis. This also includes the right to access and use
prewritten software to perform data processing.
For purposes of this subsection, subsection (5)(b), “data processing”
means the systematic performance of operations on data to extract the required
information in an appropriate form or to convert the data to usable information. Data
processing includes check processing, image processing, form processing, survey
processing, payroll processing, claim processing, and similar activities.
(6) "Sale at retail" or "retail sale" shall also include the sale of or charge made for
labor and services rendered in respect to the building, repairing, or improving of any street,
place, road, highway, easement, right-of-way, mass public transportation terminal or parking
facility, bridge, tunnel, or trestle which is owned by a municipal corporation or political
subdivision of the State, the State of Washington, or by the United States and which is used or to
be used primarily for foot or vehicular traffic including mass transportation vehicles of any kind
(public road construction).
(7) "Sale at retail" or "retail sale" shall also include the sale of or charge made for
labor and services rendered in respect to the constructing, repairing, decorating, or improving of
new or existing buildings or other structures under, upon, or above real property of or for the
United States, any instrumentality thereof, or a county or city housing authority created pursuant
to Chapter 35.82 RCW, including the installing, or attaching of any article of tangible personal
property therein or thereto, whether or not such personal property becomes a part of the realty by
virtue of installation (government contracting).
(8) "Sale at retail" or "retail sale" shall also include the sale of or charge made for an
extended warranty to a consumer. For purposes of this subsection, "extended warranty" means an
agreement for a specified duration to perform the replacement or repair of tangible personal
property at no additional charge or a reduced charge for tangible personal property, labor, or
both, or to provide indemnification for the replacement or repair of tangible personal property,
based on the occurrence of specified events. The term "extended warranty" does not include an
agreement, otherwise meeting the definition of extended warranty in this subsection, if no
separate charge is made for the agreement and the value of the agreement is included in the sales
price of the tangible personal property covered by the agreement.
(9) "Sale at retail" or "retail sale" shall not include the sale of services or charges
made for the clearing of land and the moving of earth of or for the United States, any
instrumentality thereof, or a county or city housing authority. Nor shall the term include the sale
of services or charges made for cleaning up for the United States, or its instrumentalities,
radioactive waste and other by-products of weapons production and nuclear research and
development. (This is reported under the service or other classification.)
(10) "Sale at retail" or "retail sale" shall not include the sale of or charge made for
labor and services rendered for environmental remedial action. (This is reported under the
service and other classification.)
(11) “Sale at retail” or “retail sale” shall also include the following sales to
consumers of digital goods, digital codes, and digital automated services:
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(a) Sales in which the seller has granted the purchaser the right of
permanent use;
(b) Sales in which the seller has granted the purchaser a right of use that is
less than permanent;
(c) Sales in which the purchaser is not obligated to make continued payment
as a condition of the sale; and
(d) Sales in which the purchaser is obligated to make continued payment
as a condition of the sale.
A retail sale of digital goods, digital codes, or digital automated services under this
subsection, subsection (11), includes any services provided by the seller exclusively in
connection with the digital goods, digital codes, o r digital automated services, whether or not a
separate charge is made for such services.
For purposes of this subsection, subsection (11), "permanent" means perpetual or for an
indefinite or unspecified length of time. A right of permanent use is presumed to have been
granted unless the agreement between the seller and the purchaser specifies or the circumstances
surrounding the transaction suggest or indicate that the right to use terminates on the occurrence
of a condition subsequent.
(12) “Sale at retail” or “retail sale” shall also include the installing, repairing,
altering, or improving of digital goods for consumers.
"Sale at wholesale" or "wholesale sale" means any sale of tangible personal property,
digital goods, digital codes, digital automated services, prewritten computer software, or the
services described in subsection 5(b) which is not a retail sale, and any charge made for labor
and services rendered for persons who are not consumers, in respect to real or personal property,
if such charge is expressly defined as a retail sale when rendered to or for consumers. "Sale at
wholesale" also includes the sale of telephone business to another telecommunications company
as defined in RCW 80.04.010 for the purpose of resale, as contemplated by RCW 35.21.715.
"Services" means any business activity other than or in addition to those defined in this
section.
"Software," "canned software," "custom software," "customization of canned
software," "master copies," "retained rights."
(1) "Canned software" means software that is created for sale to more than one (1)
person. For purposes of this chapter, canned software is deemed to be tangible personal property
regardless of the method of delivery: tangible media (e.g., disk or installed on hardware) or
intangible (e.g., electronically over telecommunications paths).
(2) "Custom software" means software created for a single person.
(3) "Customization of canned software" means any alteration, modification, or
development of applications using or incorporating canned software to specific individualized
requirements of a single person. Customization of canned software includes individualized
configuration of software to work with other software and computer hardware but does not
include routine installation. Customization of canned software does not change the underlying
character or taxability of the original canned software.
(4) "Master copies" of software means copies of software from which a software
developer, author, inventor, publisher, licensor, sublicensor, or distributor makes copies for sale
or license. The software encoded on a master copy and the media upon which the software
resides are both ingredients of the master copy.
(5) "Retained rights" means any and all rights, including intellectual property rights
such as those rights arising from copyrights, patents, and trade secret laws, that are owned or are
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held under contract or license by a software developer, author, inventor, publisher, licensor,
sublicensor, or distributor.
(6) "Software" means any information, program, or routine, or any set of one (1) or
more programs, routines, or collections of information used, or intended for use, to convey
information that causes one (1) or more computers or pieces of computer-related peripheral
equipment, or any combination thereof, to perform a task or set of tasks. "Software" includes the
associated documentation, materials, or ingredients regardless of the media upon which that
documentation is provided, that describes the code and its use, operation, and maintenance and
that typically is delivered with the code to the consumer. All software is classified as either
canned or custom.
"Successor" means any person to whom a taxpayer quitting, selling out, exchanging, or
disposing of a business sells or otherwise conveys, directly or indirectly, in bulk and not in the
ordinary course of the taxpayer's business, any part of the materials, supplies, merchandise,
inventory, fixtures, or equipment of the taxpayer. Any person obligated to fulfill the terms of a
contract shall be deemed a successor to any contractor defaulting in the performance of any
contract as to which such person is a surety or guarantor.
"Tax year" or "taxable year" means the calendar year.
"Taxpayer" means any person, as herein defined, required to have a business license
under this chapter or liable for the collection of any tax or fee under this chapter, or who engages
in any business or who performs any act for which a tax or fee is imposed by this chapter.
"Tuition fee" includes library, laboratory, health service and other special fees, and
amounts charged for room and board by an educational institution when the property or service
for which such charges are made is furnished exclusively to the students or faculty of such
institution. "Educational institution," as used in this section, means only those institutions created
or generally accredited as such by the State and includes educational programs that such
educational institution cosponsors with a nonprofit organization, as defined by the Internal
Revenue Code Section 501(c)(3), as hereafter amended, if such educational institution grants
college credit for course work successfully completed through the educational program, or an
approved branch campus of a foreign degree-granting institution in compliance with Chapter
28B.90 RCW, and in accordance with RCW 82.04.4332 or defined as a degree-granting
institution under RCW 28B.85.010(3) and accredited by an accrediting association recognized by
the United States Secretary of Education, and offering to students an educational program of a
general academic nature or those institutions which are not operated for profit and which are
privately endowed under a deed of trust to offer instruction in trade, industry, and agriculture, but
not including specialty schools, business colleges, other trade schools, or similar institutions.
"Value of products."
(1) The value of products, including by-products, extracted or manufactured, shall be
determined by the gross proceeds derived from the sale thereof whether such sale is at wholesale
or at retail, to which shall be added all subsidies and bonuses received from the purchaser or
from any other person with respect to the extraction, manufacture, or sale of such products or by-
products by the seller.
(2) Where such products, including by-products, are extracted or manufactured for
commercial or industrial use; and where such products, including by-products, are shipped,
transported or transferred out of the City, or to another person, without prior sale or are sold
under circumstances such that the gross proceeds from the sale are not indicative of the true
value of the subject matter of the sale; the value shall correspond as nearly as possible to the
gross proceeds from sales in this State of similar products of like quality and character, and in
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similar quantities by other taxpayers, plus the amount of subsidies or bonuses ordinarily payable
by the purchaser or by any third person with respect to the extraction, manufacture, or sale of
such products. In the absence of sales of similar products as a guide to value, such value may be
determined upon a cost basis. In such cases, there shall be included every item of cost
attributable to the particular article or articles extracted or manufactured, including direct and
indirect overhead costs. The Director may prescribe rules for the purpose of ascertaining such
values.
(3) Notwithstanding subsection (2) of this definition, the value of a product
manufactured or produced for purposes of serving as a prototype for the development of a new or
improved product shall correspond to (a) the retail selling price of such new or improved product
when first offered for sale; or (b) the value of materials incorporated into the prototype in cases
in which the new or improved product is not offered for sale.
"Value proceeding or accruing" means the consideration, whether money, credits,
rights, or other property expressed in terms of money, a person is entitled to receive or which is
actually received or accrued. The term shall be applied, in each case, on a cash receipts or
accrual basis according to which method of accounting is regularly employed in keeping the
books of the taxpayer.
"Wholesaling" means engaging in the activity of making sales at wholesale, and is
reported under the wholesaling classification.
3.48.040 AGENCY – SALES AND SERVICES BY AGENT, CONSIGNEE,
BAILEE, FACTOR OR AUCTIONEER.
(1) Sales in Own Name – Sales or Purchases as Agent. Every person, including
agents, consignees, bailees, factors or auctioneers having either actual or constructive possession
of tangible personal property or having possession of the documents of title thereto, with power
to sell such tangible personal property in the person's own name and actually so selling shall be
deemed the seller of such tangible personal property within the meaning of this chapter.
The burden shall be upon the taxpayer in every case to establish the fact that such taxpayer is not
engaged in the business of selling tangible personal property but is acting merely as broker or
agent in promoting sales or making purchases for a principal. Such claim will be recognized only
when the contract or agreement between such persons clearly establishes the relationship of
principal and agent and when the following conditions are complied with:
(a) The books and records of the broker or agent show the transactions were
made in the name and for the account of the principal, and show the name of the actual owner of
the property for whom the sale was made, or the actual buyer for whom the purchase was made.
(b) The books and records show the amount of the principal's gross sales, the
amount of commissions and any other incidental income derived by the broker or agent from
such sales. The principal's gross sales must not be reflected as the agent's income on any of the
agent's books and records. Commissions must be computed according to a set percentage or
amount, which is agreed upon in the agency agreement.
(c) No ownership rights may be conferred to the agent unless the principal
refuses to pay, or refuses to abide by the agency agreement. Sales or purchases of any goods by a
person who has any ownership rights in such goods shall be taxed as retail or wholesale sales.
(d) Bulk goods sold or purchased on behalf of a principal must not be co-
mingled with goods belonging to another principal or lose their identity as belonging to the
particular principal. Sales or purchases of any goods which have been co-mingled or lost their
identity as belonging to the principal shall be taxed as retail or wholesale sales.
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(2) If the above requirements are not met, the consignor, bailor, principal or other
shall be deemed a seller of such property to the agent, consignee, bailee, factor or auctioneer.
(3) Services in Own Name – Procuring Services as Agent. For purposes of this
subsection, an agent is a person who acts under the direction and control of the principal in
procuring services on behalf of the principal that the person could not itself render or supply.
Amounts received by an agent for the account of its principal as advances or reimbursements are
exempted from the measure of the tax only when the agent is not primarily or secondarily liable
to pay for the services procured.
Any person who claims to be acting merely as agent in obtaining services for a principal will
have such claim recognized only when the contract or agreement between such persons clearly
establishes the relationship of principal and agent and when the following conditions are
complied with:
(a) The books and records of the agent show that the services were obtained
in the name and for the account of the principal, and show the actual principal for whom the
purchase was made.
(b) The books and records show the amount of the service that was obtained
for the principal, the amount of commissions and any other income derived by the agent for
acting as such. Amounts received from the principal as advances and reimbursements must not
be reflected as the agent's income on any of the agent's books and records. Commissions must be
computed according to a set percentage or amount, which is agreed upon in the agency
agreement.
3.48.050 IMPOSITION OF THE TAX – TAX OR FEE LEVIED.
(1) Imposition of the Tax – Tax or Fee Levied. Except as provided in subsection (2)
of this section, there is hereby levied upon and shall be collected from every person a tax for the
act or privilege of engaging in business activities within the City, whether the person's office or
place of business be within or without the City. The tax shall be in amounts to be determined by
application of rates against gross proceeds of sale, gross income of business, or value of
products, including by-products, as the case may be, as follows:
(a) Extractor. Upon every person engaging within the City in business as an
extractor; as to such persons the amount of the tax with respect to such business shall be equal to
the value of the products, including by-products, extracted for sale or for commercial or
industrial use, multiplied by the rate of one and six-tenths of one percent (0.0016). The measure
of the tax is the value of the products, including by-products, so extracted, regardless of the place
of sale or the fact that deliveries may be made to points outside the City.
(b) Manufacturer. Upon every person engaging within the City in business as
a manufacturer; as to such persons the amount of the tax with respect to such business shall be
equal to the value of the products, including by-products, manufactured, multiplied by the rate of
one and six-tenths of one percent (0.0016). The measure of the tax is the value of the products,
including by-products, so manufactured, regardless of the place of sale or the fact that deliveries
may be made to points outside the City.
(c) Wholesale. Upon every person engaging within the City in the business of
making sales at wholesale; as to such persons, the amount of tax with respect to such business
shall be equal to the gross proceeds of such sales of the business without regard to the place of
delivery of articles, commodities or merchandise sold, multiplied by the rate of one and six-
tenths of one percent (0.0016).
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(d) Retail. Upon every person engaging within the City in the business of
making sales at retail; as to such persons, the amount of tax with respect to such business shall be
equal to the gross proceeds of such sales of the business without regard to the place of delivery
of articles, commodities or merchandise sold, multiplied by the rate of one and one-quarter of
one percent (0.00125).
(e) Printing and Publishing. Upon every person engaging within the City in
the business of (i) printing, (ii) both printing and publishing newspapers, magazines, periodicals,
books, music, and other printed items, (iii) publishing newspapers, magazines and periodicals,
(iv) extracting for hire, and (v) processing for hire; as to such persons, the amount of tax on such
business shall be equal to the gross income of the business multiplied by the rate of one and nine-
tenths of one percent (0.0019).
(f) Retail Service. Upon every person engaging within the City in the
business of making sales of retail services; as to such persons, the amount of tax with respect to
such business shall be equal to the gross proceeds of sales multiplied by the rate of two-tenths of
one percent (0.002).
(g) Service. Upon every other person engaging within the City in any business
activity other than or in addition to those enumerated in the above subsections; as to such
persons, the amount of tax on account of such activities shall be equal to the gross income of the
business multiplied by the rate of two-tenths of one percent (0.002). This subsection includes,
among others, and without limiting the scope hereof (whether or not title to material used in the
performance of such business passes to another by accession, merger or other than by outright
sale), persons engaged in the business of developing, or producing custom software or of
customizing canned software, producing royalties or commissions, and persons engaged in the
business of rendering any type of service which does not constitute a sale at retail or a sale at
wholesale or a retail service.
(2) Tax Exemption.
(a) The gross receipts tax imposed in this section shall not apply to any person
whose gross proceeds of sales, gross income of the business, and value of products, including by-
products, as the case may be, from all activities conducted within the City during any calendar
year is equal to or less than sixty thousand dollars ($60,000) (“Tax Exemption”). Persons with
gross income exceeding sixty thousand dollars ($60,000) per year shall be taxed only on the
amount of gross income exceeding sixty thousand dollars ($60,000) per year.
(b) Beginning on January 1, 2013 and each year thereafter, the Tax
Exemption set forth in subsection shall be increased by an additional twenty thousand dollars
($20,000”) for each year as follows:
Year 2013 - the Tax Exemption shall be $80,000
Year 2014 - the Tax Exemption shall be $100,000
Year 2015 - the Tax Exemption shall be $120,000
Year 2016 - the Tax Exemption shall be $140,000
This formula for the Tax Exemption shall continue until no taxes are due to be received
by the City in any tax year at which time the business and occupation tax shall terminate, unless
the formula is modified as set forth in subsection (2)(c) below.
(c) The tax reduction formula in subsection (2)(b) above may be;
(i) Accelerated at any time,
(ii) Stayed for a period of time as determined by the City Council upon
findings by the City Council that fiscal and budget conditions of the City necessitate a stay of the
tax reduction, or
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(iii) The business and occupation tax is terminated by ordinance
adopted by the City Council.
The actions by City Council to accelerate or stay implementation of the tax reduction is
subsections 2(b)(i) and 2(b)(ii) above may be made by motion or other action of the City
Council.
(3) Job Credits. It is the intent of the City Council to encourage growth and attract
new business to the City. To that end, the City Council finds that an incentive measured by a
business's growth in jobs is a meaningful method of attracting and retaining such businesses.
Therefore, the incentive in this section is specifically targeted at new full-time positions. A basic
credit is made available to all businesses located in the City.
(a) Subject to the limits in this section, an eligible person is allowed a credit
against the tax due under this chapter. The credit is based on a qualified employment position
located within the City.
(i) The credit shall be five hundred dollars ($500.00) for each
qualified employment position within the City, which positions were created on or after January
1, 2007, the "effective date." A credit is earned for the calendar year in which the employee is
hired to fill the position, plus the four (4) subsequent consecutive years, if the position, along
with the company's increased workforce of eligible persons, is maintained during the entire
period.
a. Credit may not be taken for hiring persons into positions
existing on the effective date. Credit is authorized for new employees hired for new positions
created on or after the effective date, which result in an increase in the total workforce of the
business located in the City. New positions filled by existing employees are eligible for the credit
under this section only if the position vacated by the existing employee is filled by a new hire.
b. If filled before July 1st of any given year, a newly created
position is eligible for a full yearly credit. If filled after June 30th, the position is eligible for only
a half credit for the first calendar year.
c. Credit may not be accrued and carried forward or back. No
refunds may be granted for unused portion of credits under this section. If the position is filled
during the calendar year, after the filing of a quarterly tax period, an amended first or third
quarter tax return will be allowed, if appropriate, to qualify all the credit to which the employer
is entitled for that year.
(ii) For the purposes of this section:
a. "Eligible person" means a person or company who resides
in the City and is engaging in a business activity within the City.
b. "Qualified employment position" means a permanent, full-
time position with compensation of at least a "family wage" within twelve (12) months after the
date of hire (allowing for training time and a probation period). If an employee is either
voluntarily or involuntarily separated from employment, the employment position is considered
filled on a full-time basis during a period not to exceed three (3) months if the employer is
actively recruiting a replacement employee.
c. "Family wage," beginning January 1, 2007, is seventeen
dollars and eleven cents ($17.11) an hour. This is the annual average wage in Kitsap County for
2004, developed by the Washington State Employment Security Department, Labor Market and
Economic Development Division ("ES202"). This amount will be adjusted annually beginning
on January 1, 2008, by an amount equal to the increase in the Consumer Price Index ("CPI") for
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Urban Wage Earners, Tacoma-Seattle-Bremerton area, of the prior year. If the CPI increase is
more than five (5) percent, a five (5) percent increase will be used in computing the basis.
d. The purchase of an existing business does not create an
allowance of the credit for existing positions.
(iii) No application is necessary for the tax credit; however,
information must be submitted for each new employee position for which credit is requested, and
included with the first tax return in which the credit is claimed. The person must keep records
necessary for the City to verify eligibility under this section. This information includes:
a. Employment records, including Washington State and
federal tax returns, for the current year and previous five (5) years; and
b. Information relating to description of business activity
engaged in at the eligible location by the employee.
(b) If at any time the Director finds that an employer is not eligible or has lost
eligibility for a tax credit under this section, the total amount of taxes for which a credit has been
claimed for current and prior periods shall be immediately due.
(4) The tax levied pursuant to this chapter shall be in addition to any other tax or fee
that may be imposed or levied by the City of Bremerton.
3.48.060 DOING BUSINESS WITH THE CITY.
Except where such a tax is otherwise levied and collected by the City from such person,
there is hereby levied a tax on the privilege of accepting or executing a contract with the City.
Such tax shall be levied and collected whether goods or services are delivered within or without
the City and whether or not such person has an office or place of business within or without the
City.
Except as provided in BMC 3.48.077, as to such persons the amount of tax shall be equal to the
gross contract price multiplied by the rate under BMC 3.48.050 that would otherwise apply if the
sale or service were taxable pursuant to that section.
3.48.070 MULTIPLE ACTIVITIES CREDIT WHEN ACTIVITIES TAKE
PLACE IN ONE (1) OR MORE CITIES WITH ELIGIBLE GROSS RECEIPT TAXES.
This section provides a tax credit for taxpayers engaged in multiple taxable activities.
This section provides a credit against eligible selling or manufacturing taxes imposed by the City
for extracting or manufacturing taxes paid to the City or to any other local jurisdiction with
respect to the same products. The tax credit does not depend upon whether a person that sells in
the City extracts or manufactures in the City or in another jurisdiction to which it has paid an
eligible gross receipts tax. The tax credit does not depend on whether a person that manufactures
in the City extracts in the City or in another jurisdiction to which it has paid an eligible gross
receipts tax. The credit is available to any person that pays an eligible gross receipts tax on the
applicable activities, regardless of where it conducts business. The result of this section is that a
city in which selling takes place gives up the tax to the manufacturing jurisdiction and the
manufacturing jurisdiction gives up the tax to the extracting jurisdiction, whether those
jurisdictions are inside or outside the State of Washington.
(1) Persons who engage in business activities that are within the purview of two (2)
or more subsections of BMC 3.48.050 shall be taxable under each applicable subsection.
(2) Notwithstanding anything to the contrary herein, if imposition of the City's tax
would place an undue burden upon interstate commerce or violate constitutional requirements, a
taxpayer shall be allowed a credit to the extent necessary to preserve the validity of the City's tax,
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and still apply the City tax to as much of the taxpayer's activities as may be subject to the City's
taxing authority.
(3) To take the credit authorized by this section, a taxpayer must be able to document
that the amount of tax sought to be credited was paid upon the same gross receipts used in
computing the tax against which the credit is applied and that the taxpayer paid the amount of tax
sought to be credited.
(4) Credit for Persons That Sell in the City Products That They Extract or
Manufacture. Persons taxable under the retailing or wholesaling classification with respect to
selling products in this City shall be allowed a credit against those taxes for any eligible gross
receipts taxes paid: (a) with respect to the manufacturing of the products sold in the City, and (b)
with respect to the extracting of the products, or the ingredients used in the products, sold in the
City. The amount of the credit shall not exceed the tax liability arising under this chapter with
respect to the sale of those products.
(5) Credit for Persons That Manufacture Products in the City Using Ingredients They
Extract. Persons taxable under the manufacturing classification with respect to manufacturing
products in this City shall be allowed a credit against those taxes for any eligible gross receipts
tax paid with respect to extracting the ingredients of the products manufactured in the City. The
amount of the credit shall not exceed the tax liability arising under this chapter with respect to
the manufacturing of those products.
(6) Credit for Persons That Sell Within the City Products That They Print, or Publish
and Print. Persons taxable under the retailing or wholesaling classification with respect to selling
products in this City shall be allowed a credit against those taxes for any eligible gross receipts
taxes paid with respect to the printing, or the printing and publishing, of the products sold within
the City. The amount of the credit shall not exceed the tax liability arising under this chapter with
respect to the sale of those products.
3.48.075 DEDUCTIONS TO PREVENT MULTIPLE TAXATION OF
MANUFACTURING ACTIVITIES AND PRIOR TO JANUARY 1, 2008,
TRANSACTIONS INVOLVING MORE THAN ONE (1) CITY WITH AN ELIGIBLE
GROSS RECEIPTS TAX.
This section establishes deductions to be applied when a single taxable activity is taxable
by more than one (1) jurisdiction that imposes an eligible gross receipts tax. To eliminate the
possibility of the same sale or service being taxed more than once by cities that maintain nexus
and an eligible gross receipts tax, the cities' deductions set forth in this section shall apply as
follows:
(1) Manufacturing – Person Manufacturing Products Within and Without. A person
manufacturing products within the City using products manufactured by the same person outside
the City may deduct from the measure of the manufacturing tax the value of products
manufactured outside the City and included in the measure of an eligible gross receipts tax paid
with respect to manufacturing such products.
(2) Goods and Services – Amounts Subject to an Eligible Gross Receipts Tax in
Another City That Also Maintains Nexus Over the Same Activity. For taxes due prior to January
1, 2008, a taxpayer that is subject to an eligible gross receipts tax on the same activity in more
than one (1) jurisdiction may be entitled to a deduction as follows:
(a) A taxpayer that has paid an eligible gross receipts tax with respect to a sale
of goods or services to a jurisdiction in which the goods are delivered or the services are
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provided may deduct an amount equal to the gross receipts used to measure that tax from the
measure of the tax owed to the City.
(b) If a taxpayer has not paid tax to the jurisdiction where the product is
delivered or the service is provided, then no deduction is allowed. The sale shall be taxed by the
city where the office or place of business that generated the sale is located. For both sales and
services, the order of taxing rights is delivery city, first; and business office location, second.
(c) Notwithstanding the above, a person that is subject to an eligible gross
receipts tax in more than one (1) jurisdiction on the gross income derived from intangibles such
as royalties, trademarks, patents, or goodwill may deduct from the measure of the tax on those
amounts the gross income used in measuring the eligible gross receipts tax paid to the other
jurisdiction where the headquarters is located.
(d) A taxpayer that has paid an eligible gross receipts tax on the privilege of
accepting or executing a contract with another city may deduct an amount equal to the contract
price used to measure the tax due to the other city from the measure of the tax owed to the City.
(e) For taxes due under this subsection (2) after January 1, 2008, see BMC
3.48.077.
3.48.076 ASSIGNMENT OF GROSS INCOME DERIVED FROM
INTANGIBLES.
Gross income derived from the sale of intangibles such as royalties, trademarks, patents,
or goodwill shall be assigned to the jurisdiction where the person is domiciled (its headquarters
is located).
3.48.077 ALLOCATION AND APPORTIONMENT OF INCOME WHEN
ACTIVITIES TAKE PLACE IN MORE THAN ONE (1) JURISDICTION.
Effective January 1, 2008, gross Gross income, other than persons subject to the
provisions of Chapter 82.14A RCW, shall be allocated and apportioned as follows:
(1) Location of Activity. Gross income derived from all activities other than those
taxed as service or royalties under BMC 3.48.050(1)(g) shall be allocated to the location where
the activity takes place.
(2) Place of Delivery. In the case of sales of tangible personal property, the activity
takes place where delivery to the buyer occurs.
(3) In the case of sales of digital products, the activity takes place where delivery to
the buyer occurs. The delivery of digital products will be deemed to occur at:
(a) The seller's place of business if the purchaser receives the digital
product at the seller's place of business;
(b) If not received at the seller's place of business, the location where the
purchaser or the purchaser's donee, designated as such by the purchaser, receives the digital
product, including the location indicated by instructions for delivery to the purchaser or donee,
known to the seller;
(c) If the location where the purchaser or the purchaser's donee receives the
digital product is not known, the purchaser's address maintained in the ordinary course of the
seller's business when use of this address does not constitute bad faith;
(d) If no address for the purchaser is maintained in the ordinary course of
the seller's business, the purchaser's address obtained during the consummation of the sale,
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including the address of a purchaser's payment instrument, if no other address is available,
when use of this address does not constitute bad faith; and
(e) If no address for the purchaser is obtained during the consummation of
the sale, the address where the digital good or digital code is first made available for
transmission by the seller or the address from which the digital automated service or service
described in RCW 82.04.050 (2)(g) or (6)(b) was provided, disregarding for these purposes any
location that merely provided the digital transfer of the product sold.
(4) If none of the methods in subsection (3) above for determining where the
delivery of digital products occurs are available after a good faith effort by the taxpayer to
apply the methods provided therein, then the City and the taxpayer may mutually agree to
employ any other method to effectuate an equitable allocation of income from the sale of digital
products. The taxpayer will be responsible for petitioning the City to use an alternative method.
If taxpayer and the City are unable to mutually agree on an alternative method to effectuate an
equitable allocation of income from the sale of digital products, then the City may employ an
alternative method for allocating the income from the sale of digital products.
(5) For purposes of subsections (3)(a) through (e), "Receive" has the same meaning as
in RCW 82.32.730.
(36) Allocation. Gross income derived from activities taxed as services and other
activities taxed under BMC 3.48.050(1)(g) (Service) shall be apportioned to the City by
multiplying apportionable income by a fraction, the numerator of which is the payroll factor plus
the service-income factor and the denominator of which is two (2).
(a) Payroll Factor. The payroll factor is a fraction, the numerator of which is
the total amount paid in the City during the tax period by the taxpayer for compensation and the
denominator of which is the total compensation paid everywhere during the tax period.
Compensation is paid in the City if:
(i) The individual is primarily assigned within the City;
(ii) The individual is not primarily assigned to any place of business
for the tax period and the employee performs fifty (50) percent or more of his or her service for
the tax period in the City; or
(iii) The individual is not primarily assigned to any place of business
for the tax period, the individual does not perform fifty (50) percent or more of his or her service
in any city and the employee resides in the City.
(b) Service Income Factor. The service income factor is a fraction, the
numerator of which is the total service income of the taxpayer in the City during the tax period,
and the denominator of which is the total service income of the taxpayer everywhere during the
tax period. Service income is in the City if:
(i) The customer location is in the City; or
(ii) The income-producing activity is performed in more than one (1)
location and a greater proportion of the service-income-producing activity is performed in the
City than in any other location, based on costs of performance, and the taxpayer is not taxable at
the customer location; or
(iii) The service-income-producing activity is performed within the
City, and the taxpayer is not taxable in the customer location.
(c) Other Allocation Methods. If the allocation and apportionment provisions
of this subsection do not fairly represent the extent of the taxpayer's business activity in the city
or cities in which the taxpayer does business, the taxpayer may petition for or the tax
administrators may jointly require, in respect to all or any part of the taxpayer's business activity,
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that one (1) of the following methods be used jointly by the cities to allocate or apportion gross
income, if reasonable:
(i) Separate accounting;
(ii) The use of a single factor;
(iii) The inclusion of one (1) or more additional factors that will fairly
represent the taxpayer's business activity in the City; or
(iv) The employment of any other method to effectuate an equitable
allocation and apportionment of the taxpayer's income.
(4) Definitions. The definitions in this subsection apply throughout this section.
(a) "Apportionable income" means the gross income of the business taxable
under the service classifications of a cit y's gross receipts tax, including income received from
activities outside the City if the income would be taxable under the service classification if
received from activities within the City, less any exemptions or deductions available.
(b) "Compensation" means wages, salaries, commissions, and any other form
of remuneration paid to individuals for personal services that are or would be included in the
individual's gross income under the federal Internal Revenue Code.
(c) "Individual" means any individual who, under the usual common law rules
applicable in determining the employer-employee relationship, has the status of an employee of
that taxpayer.
(d) "Customer location" means the city or unincorporated area of a county
where the majority of the contacts between the taxpayer and the customer take place.
(e) "Primarily assigned" means the business location of the taxpayer where
the individual performs his or her duties.
(f) "Service-taxable income" or "service income" means gross income of the
business subject to tax under either the service or royalty classification.
(g) "Tax period" means the calendar year during which tax liability is accrued.
If taxes are reported by a taxpayer on a basis more frequent than once per year, taxpayers shall
calculate the factors for the previous calendar year for reporting in the current calendar year and
correct the reporting for the previous year when the factors are calculated for that year, but not
later than the end of the first quarter of the following year.
(h) "Taxable in the customer location" means either that a taxpayer is subject
to a gross receipts tax in the customer location for the privilege of doing business, or that the
government where the customer is located has the authority to subject the taxpayer to gross
receipts tax regardless of whether, in fact, the government does so.
(5) Assignment or apportionment of revenue under this section shall be made in
accordance with and in full compliance with the provisions of the interstate commerce clause of
the United States Constitution where applicable.
3.48.078 ALLOCATION AND APPORTIONMENT OF PRINTING AND
PUBLISHING INCOME WHEN ACTIVITIES TAKE PLACE IN MORE THAN ONE (1)
JURISDICTION.
Notwithstanding RCW 35.102.130, effective January 1, 2008, gross income from the
activities of printing, and of publishing newspapers, periodicals, or magazines, shall be allocated
to the principal place in this State from which the taxpayer's business is directed or managed. As
used in this section, the activities of printing, and of publishing newspapers, periodicals, or
magazines, have the same meanings as attributed to those terms in RCW 82.04.280(1) by the
Department of Revenue.
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3.48.090 EXEMPTIONS.
(1) Nonprofit Corporations or Nonprofit Organizations. This section shall not apply
to nonprofit organizations exempt from federal income tax under Section 501(c)(3) of the
Internal Revenue Code, as hereafter amended, except with respect to retail sales of such persons.
(2) Health Maintenance Organization, Health Care Service Contractor, Certified
Health Plan. Beginning on January 1, 2000, this chapter does not apply to any health
maintenance organization, health care service contractor, or certified health plan in respect to
premiums or prepayments that are taxable under RCW 48.14.0201.
(3) Public Utilities. This chapter shall not apply to any person in respect to a business
activity with respect to which tax liability is specifically imposed under the provisions of Chapter
3.50 BMC.
(4) Investments – Dividends from Subsidiary Corporations. This chapter shall not
apply to amounts derived by persons, other than those engaging in banking, loan, security, or
other financial businesses, from investments or the use of money as such, and also amounts
derived as dividends by a parent from its subsidiary corporations.
(5) International Banking Facilities. This chapter shall not apply to the gross receipts
of an international banking facility. As used in this subsection, an "international banking facility"
means a facility represented by a set of asset and liability accounts segregated on the books and
records of a commercial bank, the principal office of which is located in this State, and which is
incorporated and doing business under the laws of the United States or of this State, a United
States branch or agency of a foreign bank, an Edge corporation organized under Section 25(a) of
the Federal Reserve Act, 12 United States Code 611-631, or an agreement corporation having an
agreement or undertaking with the Board of Governors of the Federal Reserve System under
Section 25 of the Federal Reserve Act, 12 United States Code 601-604(a), that includes only
international banking facility time deposits (as defined in subsection (a)(2) of Section 2.4.8 of
Regulation D (12 CFR Part 204), as promulgated by the Board of Governors of the Federal
Reserve System), and international banking facility extensions of credit (as defined in subsection
(a)(3) of Section 2.4.8 of Regulation D).
(6) Insurance Business. This chapter shall not apply to amounts received by any
person or agent who is an insurer or their appointed insurance producer upon which a tax based
on gross premiums is paid to the State pursuant to RCW 48.14.020; and provided further, that the
provisions of this subsection shall not exempt any person engaging in the business of insurance
as a broker as defined in RCW 48.17.020 or as a solicitor as defined in RCW 48.17.030; and
provided further, that the provisions of this subsection shall not exempt any bonding company
from tax with respect to gross income derived from the completion of any contract as to which it
is a surety, or as to any liability as successor to the liability of the defaulting contractor.
(7) Farmers – Agriculture. This chapter shall not apply to any farmer in respect to
amounts received from selling fruits, vegetables, berries, butter, eggs, fish, milk, poultry, meats
or any other agricultural product that is raised, caught, produced, or manufactured by such
persons.
(8) Athletic Exhibitions. This chapter shall not apply to any person in respect to the
business of conducting boxing contests and sparring or wrestling matches and exhibitions for the
conduct of which a license must be secured from the State Boxing Commission.
(9) Racing. This chapter shall not apply to any person in respect to the business of
conducting race meets for the conduct of which a license must be secured from the Washington
State Horse Racing Commission.
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(10) Ride Sharing. This chapter does not apply to any funds received in the course of
commuter ride sharing or ride sharing for persons with special transportation needs in
accordance with RCW 46.74.010.
(11) Employees. This chapter shall not apply to:
(a) Any person in respect to the person's employment in the capacity as an
employee or servant as distinguished from that of an independent contractor. For the purposes of
this subsection, the definition of employee shall include those persons that are defined in the
Internal Revenue Code, as hereafter amended.
(b) A booth renter, as defined by RCW 18.16.020, is an independent
contractor for purposes of this chapter.
(12) Amounts Derived from Sale of Real Estate. This chapter shall not apply to gross
proceeds derived from the sale of real estate. This, however, shall not be construed to allow an
exemption of amounts received as commissions from the sale of real estate, nor as fees, handling
charges, discounts, interest or similar financial charges resulting from, or relating to, real estate
transactions. This chapter shall also not apply to amounts received for the rental of real estate if
the rental income is derived from a contract to rent for a continuous period of thirty (30) days or
longer.
(13) Mortgage Brokers' Third-Party Provider Services Trust Accounts. This chapter
shall not apply to amounts received from trust accounts to mortgage brokers for the payment of
third-party costs if the accounts are operated in a manner consistent with RCW 19.146.050 and
any rules adopted by the director of financial institutions.
(14) Amounts Derived from Manufacturing, Selling or Distributing Motor Vehicle
Fuel. This chapter shall not apply to the manufacturing, selling, or distributing motor vehicle
fuel, as the term "motor vehicle fuel" is defined in RCW 82.36.010 and exempt under RCW
82.36.440; provided, that any fuel not subjected to the State fuel excise tax, or any other
applicable deduction or exemption, will be taxable under this chapter.
(15) Amounts Derived from Liquor, and the Sale or Distribution of Liquor. This
chapter shall not apply to liquor as defined in RCW 66.04.010 and exempt in RCW 66.08.120.
(16) Casual and Isolated Sales. This chapter shall not apply to the gross proceeds
derived from casual or isolated sales.
(17) Accommodation Sales. This chapter shall not apply to sales for resale by persons
regularly engaged in the business of making retail sales of the type of property so sold to other
persons similarly engaged in the business of selling such property where (a) the amount paid by
the buyer does not exceed the amount paid by the seller to the vendor in the acquisition of the
article; and (b) the sale is made as an accommodation to the buyer to enable the buyer to fill a
bona fide existing order of a customer or is made within fourteen (14) days to reimburse in kind
a previous accommodation sale by the buyer to the seller.
(18) Taxes Collected as Trust Funds. This chapter shall not apply to amounts collected
by the taxpayer from third parties to satisfy third-party obligations to pay taxes such as the retail
sales tax, use tax, and admission tax.
(19) Port District Business Activity. For the purpose of the tax imposed by BMC
3.48.050(1)(a) through (g), persons engaged in business on Port District owned property located
within and zoned by the City with an industrial classification ("Port Property") shall be treated in
the same manner as if the Port Property were located in unincorporated Kitsap County and
therefore exempt from the tax; however, the apportionment and allocation, place of delivery and
the appropriate tax provisions of this chapter shall apply for business activity occurring off the
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B & O Tax Code Updates 2012
Port Property but within the City, also in the same manner as if the Port Property were located in
unincorporated Kitsap County.
(20) Three (3) Year Exemption for Annexed Businesses. This chapter shall not apply
to any person with respect to a business activity conducted in an area that has become part of the
City by annexation; provided, however, that the business premises of such person be located in
the said area on the date of annexation; and provided further, that the exemption provided herein
shall cease at the expiration of twelve (12) full calendar quarters following the date of such
annexation.
3.48.100 DEDUCTIONS.
In computing the license fee or tax, there may be deducted from the measure of tax the following
items:
(1) Compensation from Public Entities for Health or Social Welfare Services –
Exception. In computing tax, there may be deducted from the measure of tax amounts received
from the United States or any instrumentality thereof or from the State of Washington or any
municipal corporation or political subdivision thereof as compensation for, or to support, health
or social welfare services rendered by a health or social welfare organization (as defined in RCW
82.04.431) or by a municipal corporation or political subdivision, except deductions are not
allowed under this subsection for amounts that are received under an employee benefit plan. For
purposes of this subsection, "employee benefit plan" includes the military benefits program
authorized in 10 U.S.C. Section 1071 et seq., as amended, or amounts payable pursuant thereto.
(2) Interest on Investments or Loans Secured by Mortgages or Deeds of Trust. In
computing tax, to the extent permitted by Chapter 82.14A RCW, there may be deducted from the
measure of tax by those engaged in banking, loan, security or other financial businesses, amounts
derived from interest received on investments or loans primarily secured by first mortgages or
trust deeds on non-transient residential properties.
(3) Interest on Obligations of the State, Its Political Subdivisions, and Municipal
Corporations. In computing tax, there may be deducted from the measure of tax by those
engaged in banking, loan, security or other financial businesses, amounts derived from interest
paid on all obligations of the State of Washington, its political subdivisions, and municipal
corporations organized pursuant to the laws thereof.
(4) Interest on Loans to Farmers and Ranchers, Producers or Harvesters of Aquatic
Products, or Their Cooperatives. In computing tax, there may be deducted from the measure of
tax amounts derived as interest on loans to bona fide farmers and ranchers, producers or
harvesters of aquatic products, or their cooperatives by a lending institution which is owned
exclusively by its borrowers or members and which is engaged solely in the business of making
loans and providing finance-related services to bona fide farmers and ranchers, producers or
harvesters of aquatic products, their cooperatives, rural residents for housing, or persons engaged
in furnishing farm-related or aquatic-related services to these individuals or entities.
(5) Receipts from Tangible Personal Property Delivered Outside the State. In
computing tax, there may be deducted from the measure of tax under retailing or wholesaling
amounts derived from the sale of tangible personal property that is delivered by the seller to the
buyer or the buyer's representative at a location outside the State of Washington.
(6) Cash Discount Taken by Purchaser. In computing tax, there may be deducted
from the measure of tax the cash discount amounts actually taken by the purchaser. This
deduction is not allowed in arriving at the taxable amount under the extracting or manufacturing
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B & O Tax Code Updates 2012
classifications with respect to articles produced or manufactured, the reported values of which,
for the purposes of this tax, have been computed according to the "value of product" provisions.
(7) Credit Losses of Accrual Basis Taxpayers. In computing tax, there may be
deducted from the measure of tax the amount of credit losses actually sustained by taxpayers
whose regular books of account are kept upon an accrual basis.
(8) Repair, Maintenance, Replacement, Etc., of Residential Structures and Commonly
Held Property – Eligible Organizations.
(a) In computing tax, there may be deducted from the measure of tax amounts
used solely for repair, maintenance, replacement, management, or improvement of the residential
structures and commonly held property, but excluding property where fees or charges are made
for use by the public who are not guests accompanied by a member, which are derived by:
(i) A cooperative housing association, corporation, or partnership
from a person who resides in a structure owned by the cooperative housing association,
corporation, or partnership;
(ii) An association of owners of property as defined in RCW
64.32.010, as now or hereafter amended, from a person who is an apartment owner as defined in
RCW 64.32.010; or
(iii) An association of owners of residential property from a person
who is a member of the association. "Association of owners of residential property" means any
organization of all the owners of residential property in a defined area who all hold the same
property in common within the area.
(b) For the purposes of this subsection "commonly held property" includes
areas required for common access such as reception areas, halls, stairways, parking, etc., and
may include recreation rooms, swimming pools and small parks or recreation areas; but is not
intended to include more grounds than are normally required in a residential area, or to include
such extensive areas as required for golf courses, campgrounds, hiking and riding areas, boating
areas, etc.
(c) To qualify for the deductions under this subsection:
(i) The salary or compensation paid to officers, managers, or
employees must be only for actual services rendered and at levels comparable to the salary or
compensation of like positions within the county wherein the property is located;
(ii) Dues, fees, or assessments in excess of amounts needed for the
purposes for which the deduction is allowed must be rebated to the members of the association;
(iii) Assets of the association or organization must be distributable to
all members and must not inure to the benefit of any single member or group of members.
(9) Sales at Wholesale or Retail of Precious Metal Bullion and Monetized Bullion. In
computing tax, there may be deducted from the measure of the tax amounts derived from the sale
at wholesale or retail of precious metal bullion and monetized bullion. However, no deduction is
allowed on amounts received as commissions upon transactions for the accounts of customers
over and above the amount paid to other dealers associated in such transactions, and no
deduction or offset is allowed against such commissions on account of salaries or commissions
paid to salesmen or other employees.
(10) Amounts Representing Rental of Real Estate for Boarding Homes. In computing
tax, there may be deducted from the measure of tax amounts representing the value of the rental
of real estate for "boarding homes." To qualify for the deduction, the boarding home must meet
the definition of "boarding home," and be licensed by the State of Washington under Chapter
18.20 RCW. The deduction shall be in the amount of twenty-five (25) percent of the gross
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monthly billing when the boarder has resided within the boarding home for longer than thirty
(30) days.
(11) Radio and Television Broadcasting – Advertising Agency Fees – National,
Regional, and Network Advertising – Interstate Allocations. In computing tax, there may be
deducted from the measure of tax by radio and television broadcasters amounts representing the
following:
(a) Advertising agencies' fees when such fees or allowances are shown as a
discount or price reduction in the billing or that the billing is on a net basis, i.e., less the discount;
(b) Actual gross receipts from national, network, and regional advertising or a
"standard deduction" as provided by RCW 82.04.280; and
(c) Local advertising revenue that represents advertising which is intended to
reach potential customers of the advertiser who are located outside the State of Washington. The
Director may issue a rule that provides detailed guidance as to how these deductions are to be
calculated.
(12) Constitutional Prohibitions. In computing tax, there may be deducted from the
measure of the tax amounts derived from business which the City is prohibited from taxing under
the Constitution of the State of Washington or the Constitution of the United States.
(13) Receipts from the Sale of Tangible Personal Property and Retail Service
Delivered Outside the City but Within Washington. Effective January 1, 2008, amounts included
in the gross receipts reported on the tax return derived from the sale of tangible personal property
and retail service delivered to the buyer or the buyer's representative outside the City but within
the State of Washington may be deducted from the measure of tax under the retailing, retail
services, or wholesaling classification.
(14) Professional Employer Services. In computing the tax, a professional employer
organization may deduct from the calculation of gross income the gross income of the business
derived from performing professional employer services that is equal to the portion of the fee
charged to a client that represents the actual cost of wages and salaries, benefits, workers'
compensation, payroll taxes, withholding, or other assessments paid to or on behalf of a covered
employee by the professional employer organization under a professional employer agreement.
3.48.120 TAX PART OF OVERHEAD.
It is not the intention of this chapter that the taxes or fees herein levied upon persons
engaging in business be construed as taxes or fees upon the purchasers or customer, but that such
taxes or fees shall be levied upon, and collectible from, the person engaging in the business
activities herein designated and that such taxes or fees shall constitute a part of the cost of doing
business of such persons.
3.48.125 RULES AND REGULATIONS.
The Director may establish administrative rules and regulations as deemed appropriate,
consistent with this chapter for the purpose of enforcing and carrying out its provisions.
3.48.130 SEVERABILITY CLAUSE.
If any provision of this chapter or its application to any person or circumstance is held
invalid, the remainder of the chapter or the application of the provision to other persons or
circumstances shall not be affected.
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SECTION 3. Severability. If any one or more sections, subsections, or
sentences of this Ordinance are held to be unconstitutional or invalid, such decision shall not
affect the validity of the remaining portion of this Ordinance and the same shall remain in full
force and effect.
SECTION 4. 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___________ day of ____________________, 2012
_________________________________
JIM McDONALD, Council President
Approved this ________ day of ________________________, 2012
_________________________________
PATTY LENT, Mayor
ATTEST: APPROVED AS TO FORM:
__________________________________ ________________________________
SHANNON CORIN, City Clerk ROGER A. LUBOVICH, City Attorney
PUBLISHED the________ day of ______________________, 2012
EFFECTIVE the_________day of ______________________, 2012
ORDINANCE NO. ____________
R:\Legal\Legal\Ordinances\Finance\2012 B & O Tax Ordinances\B & O Tax Code Model Ordinance Updates 2012 - final.doc
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
SUBJECT: Public Hearing and Ordinance
to adopt the 2012 Comprehensive Plan
Amendment Docket.
Study Session Date: November 28, 2012
COUNCIL MEETING Date: December 5, 2012
Department: DCD
Presenter: D. McIntyre; A. Daniels
Phone: 360-473-5845
SUMMARY: The action before the Council is to conduct a public hearing to consider the proposed
2012 Comprehensive Plan Amendments. The amendment docket contains: 1) amendments to the
Downtown Regional Center Subarea Plan to include three parcels located at the corner of Burwell
Street and Warren Avenue in the Downtown Regional Center boundaries to be eligible for re-zone to
Warren Avenue Corridor (WC) zoning designation; 2) amendments to the Bay Vista Subarea Plan as
follows: reallocation of Village Commercial and multi-family locations; revise permitted land uses to
reflect land use zones that are being condensed; revise complex Code requirements in Subarea Plan
to more resemble the City of Bremerton Zoning Code; and alter landscaping, signage and parking
requirements which will still comply with overall policies and goals of the existing Bay Vista Subarea
Plan. The two amendment docket items are a result of applications received from interested parties.
ATTACHMENTS:
1) Staff Memo
2) Planning Commission Minutes from July 17, 2012 Planning Commission Workshop;
September 18, 2012 Planning Commission Workshop; and October 9, 2012 Planning
Commission Public Hearing
3) Proposed Ordinance
Exhibit A—Planning Commission Findings and Conclusions
Exhibit B—Downtown Regional Center Subarea Plan Amendment
Exhibit C—Bay Vista Subarea Plan Amendment
FISCAL IMPACTS (Include Budgeted Amount): None.
STUDY SESSION AGENDA: ☐ No Discussion ☒ Full Presentation
STUDY SESSION ACTION: ☐ Consent Agenda ☐ General Business ☒ Public Hearing
RECOMMENDED MOTION:
Move to pass Ordinance No. ______ adopting the 2012 amendments to the Comprehensive Plan.
COUNCIL ACTION: Approve Deny Table Continue No Action
Form Updated 11/02/12
Attachment 1
From: Doug McIntyre, City Planner; Allison Daniels, City Planner
Date: November 28, 2012
Re: 2012 Comprehensive Plan Amendment Docket
EXECUTIVE SUMMARY
Staff and the Planning Commission are pleased to present the proposed 2012 Comprehensive Plan
Amendment docket for Council consideration. State and City statutes allow the Comprehensive Plan
to be amended a maximum of once per year (not including adoption of new Subarea Plans). Each of
the proposed Comprehensive Plan amendments must show consistency with the criteria contained in
BMC 20.10.080.
The Planning Commission conducted a Public Hearing on the amendments and recommends the
Council adopt the changes. The Commission has passed findings and conclusions (See Ordinance
Exhibit A) that demonstrate the consistency with the criteria outlined in BMC 20.10.080, and
includes policies in the Comprehensive Plan to support the proposed changes.
The 2012 Docket includes two amendments as follows:
DOCKET ITEMS
1. On April 2, 2012, Rice Fergus Miller Inc., acting as agent for the property owner,
submitted a request for land use change. Three parcels, located at 1008, 1016, and 1018
Burwell Street (at the corner of Burwell Street and Warren Avenue, see Attachment I),
currently designated Low‐Density Residential, are proposed to be included in the
Downtown Regional Center boundaries. Development in the Downtown Regional Center
is guided by the Downtown Regional Center Subarea Plan (adopted on December 19,
2007 by Ordinance 5034).
The Downtown Regional Center Subarea Plan directs focused, mixed growth according to
the City's Comprehensive Plan vision for downtown as the "Metropolitan Center of the
West Puget Sound." The Subarea Plan includes design standards, zoning, and streetscape
standards for the greater downtown area.
DEPARTMENT OF
COMMUNITY DEVELOPMENT
MEMORANDUM
Attachment 1
The development of the Downtown Regional Center Subarea Plan included a focus on
the Warren Avenue Corridor, located along the west edge of the center. This corridor
was envisioned to provide a commercial district of medium intensity to transition to
lower scaled uses outside of the downtown, as specified by the Warren Avenue Corridor
zone (WC zone). However, implementation of this vision is difficult with the existing
boundaries because the western side of the Warren Avenue Corridor is only one parcel
deep, inhibiting, in many cases, the ability to build medium density uses as specified by
the WC zone. To better implement what was envisioned for this area, a proposal to add
three parcels to the Downtown Regional Center boundaries would allow ample space to
accommodate development intended to occur under the original Subarea Plan.
The three parcels are currently developed with vacant multi‐family residential units and
the current zoning designation is R‐10; the Comprehensive Plan Land Use designation is
Low‐Density Residential. The underutilized nature of the properties presents an
opportunity, if re‐designated, to revitalize the edge of the downtown core by allowing a
redevelopment pattern to occur that the current Low Density Residential designation
does not allow. Impacts on neighboring parcels along Burwell Street are anticipated to
be minimal, due to the sparse nature of development on the block as well as the mix of
existing uses, including single‐family, multi‐family, parking, and undeveloped lots.
Additionally, the WC Zone is intended to provide a commercial district of medium
intensity to transition to lower‐scaled uses outside of the downtown core, which will
ensure that development on the subject parcels will be done in a manner that minimizes
impacts on the surroundings.
Once included in the Downtown Regional Center Subarea Plan, these three parcels will
be eligible for rezoning to the WC zoning designation as set forth in the Subarea Plan. See
Ordinance Exhibit B.
2. The second amendment to this docket is the revisions to the Bay Vista Subarea Plan.
Originally this plan was called the West Park Subarea Plan and was adopted in 2007. In
2009, the applicant, the Bremerton Housing Authority (BHA), revised the subarea plan
and is now known as the Bay Vista Subarea Plan.
The Bay Vista Subarea Plan was created in consultation with stakeholders, residents, and
neighbors. It used an intensive design charette process and numerous community
meetings. Development of the Subarea Plan also used environmental analysis, including
preparation of a SEPA/NEPA environmental Impact Statement (EIS), and an EIS
addendum, to inform master planning of the site consistent with environmental
constraints and opportunities.
However, as the site is being developed, market conditions and site constraints have
made the regulations of the existing Subarea Plan difficult to implement. BHA is
proposing amendments to the Bay Vista Subarea Plan that includes: reallocation of
Attachment 1
Village Commercial and multi‐family locations, revise permitted land uses to reflect land
use zones that are being condensed, revise complex Code requirements in Subarea Plan
to more resemble the City of Bremerton Zoning Code, and alter landscaping, signage and
parking requirements which will still comply with overall policies and goals of the existing
Bay Vista Subarea Plan.
The revised and updated Bay Vista Plan is contained in the proposed Ordinance Exhibit
C.
Attachment 2
Attachment 2
Attachment 2
Attachment 2
Attachment 2
Attachment 2
Attachment 2
Attachment 2
Attachment 2
Attachment 2
Attachment 2
Attachment 2
Attachment 2
Attachment 2
Attachment 2
Attachment 2
Attachment 2
Attachment 2
1
2012 Comp Plan Amendment
ORDINANCE NO. ____
AN ORDINANCE of the City Council of the City of
Bremerton, Washington, amending the Comprehensive Plan by
amending the Downtown Regional Center Subarea Plan to include
three parcels located at the corner of Burwell Street and Warren
Avenue in the Downtown Regional Center Subarea Plan boundaries;
and by amending the Bay Vista Subarea Plan.
WHEREAS, the City of Bremerton adopted a Comprehensive Plan on December
1, 2004 by Ordinance No. 4917 and has been subsequently amended by Ordinances No.; 4954,
4962, 4985, 4998, 5025, 5034, 5037, 5062, 5077, 5082 and 5094 hereinafter referred to as the
“Comprehensive Plan”; and
WHEREAS, the Washington State Growth Management Act ("GMA") requires
internal consistency among comprehensive plan elements and applicable regional plans; and
WHEREAS, to assure that comprehensive plans remain relevant and up to date,
the GMA requires each jurisdiction to establish procedures whereby amendments to the plan are
considered by the City Council (RCW 36.70A.130(2)), and limits these amendments to once
each year unless an emergency exists; and
WHEREAS, the City of Bremerton has established a procedure for amending the
Comprehensive Plan in Title 20.10.010 of the Bremerton Municipal Code (BMC), that limits
amendments to the Comprehensive Plan to no more than once each year; and
WHEREAS, the City of Bremerton allows applications to be submitted each year
between January and the first business day of April; and
WHEREAS, two Comprehensive Plan amendment applications were submitted by
the public prior to the deadline to address changing circumstances relative to land use needs; and
WHEREAS, the Planning Commission conducted workshops on the 2012
amendment docket on July 17, 2012 and September 18, 2012; and
WHEREAS, consistent with RCW 36.70A.106 the 60-day notice period began on
September 5, 2012 when the Washington State Department of Commerce received notification of the
Comprehensive Plan Amendment docket for 2012; and
WHEREAS, on September 29, 2012 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 September 20, 2012 a SEPA DNS was issued for amendment
Docket Item 1, relating to the Downtown Regional Center Subarea Plan, with an administrative
2
2012 Comp Plan Amendment
appeal deadline of October 4, 2012 and no appeals were filed; and
WHEREAS, SEPA was satisfied on September 26, 2012 for Docket Item 2,
relating to the Bay Vista Subarea Plan, by the adoption of existing environmental documentation
of the Bay Vista EIS in May 2007 and SEIS in January 2008; and
WHEREAS, on October 9, 2012 the Planning Commission conducted a public
hearing on the 2012 Comprehensive Plan Amendment Docket, and the Planning Commission
recommended the City Council approve the amendments; and
WHEREAS, on November 24, 2012 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 City Council; and
WHEREAS, on December 5, 2012 the City Council conducted a public hearing
and considered all testimony prior to their decision; and
WHEREAS, the amendment proposals satisfy the decision criteria of BMC
20.10.080 for Comprehensive Plan amendments; and
WHEREAS, the proposal meets requirements of the Washington State Growth
Management Act (GMA); and
WHEREAS, the proposal is consistent with Kitsap County Countywide Planning
Policies (KCCPP).
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. The findings set forth in the recitals above area hereby adopted and
incorporated herein.
SECTION 2. The findings and conclusions adopted by the Planning Commission
on October 9, 2012 and attached hereto as Exhibit A are adopted and incorporated as if set forth
fully herein.
SECTION 3. The City of Bremerton Comprehensive Plan is hereby amended by
approving and adopting the proposed 2012 Comprehensive Plan amendments set forth in docket
items 1 through 2 as follows:
Docket Items:
1. Burwell and Warren Avenue Parcels: Amend the Downtown Regional Center
Subarea Plan to include three parcels located at the corner of Burwell Street and
Warren Avenue in the Downtown Regional Center boundaries and given a land
3
2012 Comp Plan Amendment
use designation of Warren Avenue Corridor (WC), more particularly described in
Exhibit B affixed hereto.
2. Bay Vista Subarea Plan: Amend the Bay Vista Subarea Plan summarized as
follows: reallocation of Village Commercial and multi-family locations; revise
permitted land uses to reflect land use zones that are being condensed; revise
complex Code requirements in Subarea Plan to more resemble the City of
Bremerton Zoning Code; and alter landscaping, signage and parking requirements
which will still comply with overall policies and goals of the existing Bay Vista
Subarea Plan, and more particularly described in Exhibit C affixed hereto.
SECTION 4. Severability. If any provision of this ordinance is held invalid or
unconstitutional, such invalidity or unconstitutionality shall not affect the validity or
constitutionality of the remainder of this ordinance. Provided however, that if any provision of
this ordinance is held invalid or unconstitutional, then the provision in effect prior to the
effective date of this ordinance shall be in full force and effect for that individual provision as if
this ordinance had never been adopted.
SECTION 5. 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___________ day of ____________________, 2012
_________________________________
JIM MCDONALD, Council President
Approved this ________ day of ________________________, 2012
_________________________________
PATTY LENT, Mayor
ATTEST: APPROVED AS TO FORM:
__________________________________ ________________________________
4
2012 Comp Plan Amendment
SHANNON CORIN, City Clerk ROGER A. LUBOVICH, City Attorney
PUBLISHED the________ day of ______________________, 2012
EFFECTIVE the_________day of ______________________, 2012
ORDINANCE NO. ____________
Exhibit A
Exhibit A
Exhibit A
Exhibit A
Exhibit A
Exhibit A
Exhibit C:
Proposed Bay Vista Subarea Plan
Bay V ista
SUB-AREA PLAN
prepared by:
November 2012
bay vista
Bremerton Housing AutHority
Bay Vista suB-a rea Plan
Amendment produced By
BCra
September 18, 2012
bay vista TABLE OF CONTENTSi - introduction
A. Site Location & History .............................................................................................................................................................
B. Sub-Area Plan Vision .................................................................................................................................................................
C. Organization of Sub-Area Plan ..................................................................................................................................................
ii - BAy VistA suB-AreA pLAn
A. Local Planning Framework ........................................................................................................................................................
B. Consistency of the Sub-Area Plan with Bremerton’s Comprehensive Plan ..............................................................................
C. Public/Stakeholder Process ......................................................................................................................................................
D. SEPA/NEPA Environmental Review ...........................................................................................................................................
E. Bay Vista Architectural Review Committee ...............................................................................................................................
iii - BAy VistA suB-AreA pLAn
A. Existing Site conditions .............................................................................................................................................................
B. Sub-Area Plan Vision, Goals and Objectives .............................................................................................................................
C. Sub-Area Plan Elements ............................................................................................................................................................
D. Future Changes to the Sub Area Plan .......................................................................................................................................
iV - Zoning & deVeLopment reguLAtions
A. Land Use Zones .........................................................................................................................................................................
B. General Development Standards ..............................................................................................................................................
C. Streets, Sidewalks And Driveways ............................................................................................................................................
D. Low Impact Development .........................................................................................................................................................
E. Parking Standards .....................................................................................................................................................................
F. Landscape Standards ................................................................................................................................................................
G. Utility Equipment & Storage .....................................................................................................................................................
H. Walls, Hedges And Fences ........................................................................................................................................................
I. Exterior Lighting ........................................................................................................................................................................
J. Sign Standards ..........................................................................................................................................................................
K. Glossary ....................................................................................................................................................................................
L. Intent ........................................................................................................................................................................................
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bay vista 1 section I : INTRODUCTIONa. site loCation & History
The 83-acre Bay Vista (formerly Westpark) site is
located in West Bremerton, bounded by Kitsap Way
on the north, Oyster Bay Avenue on the east, and State
Route 3 on the west.
The existing Westpark public housing community
was built in 1941 and is owned and operated by the
Bremerton Housing Authority (BHA). The community
is the remnant of a larger World War II – era housing
project that was built as temporary housing for
shipyard workers. The site currently contains 631
residential units, primarily one-story duplex and
four-plex in design, and a 60-unit apartment building
for elderly and disabled residents. Ninety percent or
more of existing units are for low-income families
and individuals. The site also provides community
functions (a community center, senior center, teen
center, and head start facility) and some local services
(laundry, storage facilities, maintenance shop, and
administrative offices. A new 72-unit assisted living
facility (Bay Vista Commons) was constructed and
opened in December of 2007.
The surrounding neighborhood contains a mix
of residential, commercial and industrial land
uses, including auto-oriented and larger retail uses
along Kitsap Way. Kitsap Way in this area serves as
a “gateway” to the City of Bremerton, though it is
currently lacking in definition.
B. suB-area Plan Vision
The Westpark Sub-Area Plan was originally adopted in
2007. The Bremerton Housing Authority (BHA) voted
to change the name of the site and master plan to Bay
Vista in 2008. Consequently, the name of the Sub-Area
Plan has also been changed to Bay Vista as part of the
2009 amendment to this plan. The vision and Sub-Area
Plan for Bay Vista, including the 2009 amendments,
was created in consultation with stakeholders, residents
and neighbors. It used an intensive design charrette
process and numerous community meetings, which
are summarized in Section II. Development of the
Sub-Area Plan also used environmental analysis,
including preparation of a SEPA/NEPA environmental
impact statement (EIS), and two EIS addenda, to
inform master planning of the site consistent with
environmental constraints and opportunities.
The Sub-Area Plan concept is built upon six major
goals:
1. Promoting a mixed-use, mixed-income traditional
neighborhood.
2. Creating a pedestrian-oriented environment.
3. Maintaining/enhancing view corridors and landscaping.
4. Enhancing the civic realm and creating more usable
public open space.
5. Promoting economic development through provision
of commercial activities and services on-site and in the
adjacent Neighborhood Center.
6. Integrating low impact development (LID) approaches
into the Master Plan.
The new Bay Vista is envisioned as an urban mixed-use,
mixed-income, pedestrian-oriented community. It
will be characterized by a variety of types and styles
of housing to meet the needs of a range of income
groups. Accommodating these groups will help to
de-concentrate low-income housing in Bremerton.
Retail and commercial uses will provide for some
of the everyday shopping needs of residents, as
well as provide job opportunities for residents.
The retail center will provide financial support
i - introduction
2 section I : INTRODUCTIONNovember 2012
for implementation of the master plan, including
construction of new infrastructure. Bay Vista's
on-site population will also provide support for
additional commercial activity in the future Oyster Bay
Neighborhood Center.
The site will be sensitively designed to maintain
significant open space and existing trees, to preserve
and enhance views, and to carefully manage
stormwater and other natural features. New parks,
civic spaces and outdoor amenities will be created.
Proposed development standards and Design
Standards, and covenants, conditions and restrictions
(CC&Rs), will establish high standards for the quality
of redevelopment, yet provide flexibility to respond
to market changes and opportunities. The plan will
provide high quality infrastructure and services
to residents. The Bay Vista site will relate to the
surrounding neighborhood in terms of activities and
scale, and provide a catalyst and model for future
redevelopment.
C. organization of suB-area
Plan
The Sub-Area Plan is organized in four major sections.
Following this introduction, Section II describes
the major objectives of the Plan, and its planning
regulatory context within which it has been created.
Section II also delineates the public/stakeholder
process and SEPA/NEPA compliance for the plan
are also described. Section III describes existing site
conditions, and the vision, goals and objectives for
redevelopment of Bay Vista. The major elements
of the Sub-Area Plan–land use, housing, parks and
open space, roads and infrastructure–are described
in narrative and graphics. This section has been
adopted by the City as an element of the Bremerton
Comprehensive Plan. Section IV contains the zoning
and development standards that will apply to Bay Vista,
including regulations for uses, density, building heights,
setbacks and similar components of development.
bay vista 3 section I : INTRODUCTIONVICINITY MAP
4
November 2012Section II : purpose, process & consistencyThe Bay Vista Sub-Area Plan is intended to provide
a road map for future redevelopment of the site.
It articulates the vision, goals and objectives for
redevelopment of Bay Vista, and embodies the policies
of the City of Bremerton Comprehensive Plan, which
it supplements. The Plan also establishes zoning
standards which will guide the preparation of future
site development plans, subdivisions and building
permits by applicants; installation of infrastructure
by the Bremerton Housing Authority (BHA) and
individual developers; and review of these plans
by the City of Bremerton (City) and the Bay Vista
Architectural Review Committee (ARC). The Sub-Area
Plan reflects the Redevelopment Master Plan for Bay
Vista prepared by the Bremerton Housing Authority. It
is also responsive to environmental impacts identified
in Bay Vista environmental documents, to financial
constraints, and to changing market conditions.
The Westpark Sub-Area Plan was initially adopted in
2007. Following additional community involvement,
public hearings and environmental review,
amendments were proposed to reflect the BHA's
ongoing planning, as well as updated information
about site constraints and market conditions. In fall
2008, the BHA received a HOPE VI grant from the
U.S. Department of Housing and Urban Development.
Conditions of the grant include a maximum 54-month
schedule for completion of construction. The Sub-Area
Plan was amended by the City Council in 2009 to
reflect this constraint and other changed conditions
noted previously.
a. loC al Planning
framework
OVERVIEW
The Bay Vista site has been the subject of several City
legislative actions over the past few years and was also
addressed specifically in the City’s recent adoption of
its updated Comprehensive Plan and zoning code in
2004. These actions have provided a framework for
planning redevelopment of the site.
In September 2003, the City amended its Community
Renewal Plan, pursuant to the state Community
Renewal Law (RCW 35.81), to incorporate the site
as a “blighted” area for purposes of community
renewal efforts (Ordinance No. 4830 and 4870). The
designation was supported by findings that the site
was isolated from adjacent areas that building size and
design were deficient, and that physical deterioration
was a contributing factor to disinvestment in the
area. These actions also reaffirmed the City’s intent to
cooperate and assist the Bremerton Housing Authority
in the redevelopment of the site, (pursuant to RCW
35.83), and to provide a framework for redevelopment
in the Comprehensive Plan and zoning regulations.
This framework is described below.
PUBLIC SECtOR REDEVELOPMENt SItE (PSRS)
The Comprehensive Plan Land Use Map designates
Westpark (now Bay Vista) as a Public Sector
Redevelopment Site (PSRS). These are special,
large-scale sites with high potential for development
that is innovative or that meets a unique community
need. They should be developed consistent with
specific district planning efforts that address the site,
compatibility with surrounding uses, and consistency
with the Comprehensive Plan. A PSRS must have a
clearly defined community benefit, such as meeting
a public housing need. They may include mixed
type residential development with an open space
component and secondary commercial or office
development.
ii - BAy VistA suB-AreA pLAn
purpose, process, and consistency with the comprehensive plan
bay vista 5 Section II : purpose, process & consistencyOyStER BAy NEIGHBORHOOD CENtER
The Comprehensive Plan designates a future
Neighborhood Center for the Oyster Bay Area adjacent
to the Bay Vista site, located on both sides of Kitsap
Way. This 37-acre center is projected to redevelop over
time in conjunction with, but slower than, Bay Vista,
and to transition into an urban, pedestrian-friendly
area connected with the surrounding area by trails,
open space, and access to the shoreline. The Center
will include a core, with mixed-use (residential
and commercial) buildings. The Center will receive
economic support from the surrounding neighborhood,
including Bay Vista’s residents and workers; land
uses in Bay Vista are expected to complement
redevelopment of Oyster Bay. A Sub-Area Plan will
be prepared for the Oyster Bay Center; however, the
timing of this planning effort is uncertain.
SPECIFIC AREA PLANS
The Comprehensive Plan anticipates that more detailed
area-specific plans will be developed to implement
Public Sector Redevelopment Sites, such as Bay
Vista. Key aspects of these plans include: a process
that involves the community, consistency with the
Comprehensive Plan goals and policies, and inclusion
of development standards and design standards. The
Bay Vista Sub-Area Plan is such a specific area plan
and has been developed to meet these requirements.
The relationship to the Comprehensive Plan goals is
discussed below.
Revision of the Bay Vista Sub-Area Plan follows
the City's established process for amending the
Comprehensive Plan. This process includes public
involvement, environmental review, and public
hearings by the Planning Commission and City
Council. In cooperation with the City, the BHA
sponsored eight community meetings and workshops
in the fall of 2008 to gain input on proposed changes
to the Sub-Area Plan. An addendum to the Westpark
EIS was also prepared to address the proposed changes.
The revisions were adopted following public hearings
by the Planning Commission and the City Council.
B. ConsistenCy of tHe suB-
area Plan witH Bremerton’s
ComPreHensiVe Plan
BREMERtON COMPREHENSIVE PLAN -
CENtERS CONCEPt
The city’s updated Comprehensive Plan is based on
a “Centers” concept, in which a significant portion of
the City’s future growth will be guided to numerous
Centers designated throughout the City. Centers
vary in scale, function and character, and each is
intended to be a distinct district or “village” with
a unique character. Designated centers range from
the City Center, which provides a wide range of
activities that serve the entire City and the region, to
smaller neighborhood centers, which provide goods
and services, and amenities to residents within a
neighborhood. In general, centers are intended to be
mixed-use, pedestrian-friendly, well-designed areas
with open space, public gathering places, access to
transit, and adequate infrastructure.
SHAPING BREMERtON tHEMES
1. Distinctive Growth, with Viable Neighborhoods and
Centers that Provide Greater Choice and Convenience.
Redevelopment of Bay Vista will help to revitalize
an existing neighborhood that is characterized by
outdated, deteriorated housing and infrastructure,
and has been designated as “blighted.” The new
Bay Vista neighborhood will be characterized by
mixed-use development, a wide range of housing
options affordable to a mix of income groups, ample
open space and amenities, pedestrian accessibility,
quality design, improved infrastructure and enhanced
environmental resources. Everyday goods and services,
and local employment opportunities, will be provided
on-site.
2. Enticing New Development, with a Focus on the
Downtown Regional Center.
The Bremerton Housing Authority has been working
closely with the City and the broader community
to shape a plan for Bay Vista that fits the site
and is responsive to the City’s requirements and
needs, including economic development, housing
6
November 2012Section II : purpose, process & consistencyopportunities and population support for the future
Oyster Bay Neighborhood Center. The City’s updated
Comprehensive Plan and development regulations
provide guidance and flexibility for large public parcel
development proposals like Bay Vista.
3. Supportive transportation, with Seamless, Efficient
and Varied Choices.
Regional transportation facilities bounding the Bay
Vista site include State Route (SR) 3, Kitsap Way and
Oyster Bay Avenue. Access to the site is provided by
Oyster Bay Avenue, Sinclair Drive, Arsenal Way and
Sand Dollar Drive.
Kitsap Transit provides public transit service to the
City of Bremerton. Routes No. 24 and 26 serve the Bay
Vista site, with stops along Kitsap Way (Route 24) and
at the Firs Apartments on Oyster Bay Avenue (Route
26).
Kitsap Way has a designated bicycle lane, wide
shoulders, raised sidewalks on both sides, and painted
crosswalks with pedestrian call buttons. The City
of Bremerton has recently upgraded or added new
accessible ramps at various intersections along Kitsap
Way. A mid-block pedestrian crossing is located east of
Oyster Bay Avenue. Oyster Bay Avenue includes raised
sidewalks on one side of the street.
Levels of service at major intersections will meet City
of Bremerton standards.
4. Improved Accessibility, especially for the Pedestrian.
The Bay Vista site is being planned to support multiple
transportation modes, including vehicles (through
adequate access and parking); transit (through higher
urban densities and access to the regional road system);
and pedestrians (by integrating trails and pedestrian
amenities in a mixed-use development pattern).
5. Quality Housing, with Broader Choices.
Existing housing on the site is old and deficient; the
Comprehensive Plan and several City ordinances have
identified the site’s housing as substandard and in
need of revitalization. The redeveloped Bay Vista will
provide approximately 875 housing units in a variety of
types and styles, including single-family attached and
detached (duplexes, townhouses, clustered cottages)
and apartments. Units will be for-sale and for-rent,
market-rate apartments and public housing. All
existing public housing units will be replaced either
on-site (190 units) or off-site, which will be consistent
with the City’s desire to disperse public housing.
6. Business Support, with Increased Opportunity.
Bay Vista will provide local jobs and goods and
services for residents of Bay Vista and the surrounding
neighborhood. Bay Vista’s residents will also provide
market support for existing and new commercial
development in the Oyster Bay Neighborhood Center.
7. Environmental Management, Integrating Natural
Systems.
The plans for Bay Vista include approximately 15
acres of parks and open space, and retain the existing
preserve park; with the exception of this preserve, most
of the site and existing vegetation will be disturbed
or removed in conjunction with site grading and
construction. When complete, Bay Vista will exhibit
ample landscaping and open space. This open space
and vegetation will provide habitat for species of urban
wildlife, as well as recreational opportunities for local
residents. Environmentally critical areas located on
and adjacent to the site (such as wetlands) will be
protected consistent with City regulations. Stormwater
will be controlled and treated consistent with City
requirements.
8. Community Service, Focusing on Assets
Bay Vista will install new infrastructure on the site;
facilities will be provided concurrent with development.
The Bay Vista EIS documents evaluated the service
demands of the new population to help ensure that any
adverse impacts were identified and addressed.
9. Design Review: Advancing Quality Urban Development.
The Bay Vista Sub-Area plan includes development
standards that will apply to all future development on
the site. These standards, and City review of future
applications, will ensure that future development is
of high quality and meets expectations. The BHA has
developed Covenants, Conditions and Restrictions
(CC&Rs) that apply detailed design requirements to
land and buildings throughout the site.
bay vista 7 Section II : purpose, process & consistencyCOMMUNIty CHARACtER GOALS
CC1 ..Demonstrate excellent urban design qualities in new
development.
Redevelopment of the site will replace old, substandard
housing with modern dwelling units, mixed-use
buildings and a village retail center. The Sub-Area Plan
contains design standards that are intended to set high
standard for site and building design.
CC2 ..Assure that new development relates to surrounding
uses and provides for urban livability.
The Bay Vista site is being master planned and will
provide compatibility between land uses through
careful siting, use of open space and buffering, and
transitions between uses of different intensity. Bay
Vista will function as a traditional community, with
a mix of activities that meet the needs of daily life,
connected by streets and trails, and enhanced open
space, urban amenities and high quality design.
The Master Plan also considers land use and scale
relationships to the surrounding community, including
the future Oyster Bay Neighborhood Center.
CC3 ..Provide for a safe, pleasant and rich pedestrian
experience.
Bay Vista will contain approximately 30,000 linear feet
of pedestrian walkways and trails. Streets are designed
to accommodate pedestrians and to make walking safe,
pleasant and convenient. Pedestrian amenities include
landscaping, benches, open space, pocket parks and
lighting.
CC4 ..Promote the development of areas of special
character, encouraging a diversity of communities within
the city.
Bay Vista is a large site that presents unique
redevelopment opportunities. Its history and status
as a 1940s-era public housing project with aging
and substandard facilities sets the stage for its
transformation into a modern, well-designed urban
mixed-use community located at a major entrance to
the City.
LAND USE GOALS
LU1 ..Identify and enhance distinctive neighborhoods,
communities and centers throughout the City.
As noted above, Bay Vista will be transformed into a
modern, well-designed urban mixed-use community.
It will be distinct in appearance and character in the
City’s existing fabric. It will also provide long-term
population support for future development of the
Oyster Bay Neighborhood Center.
LU2 ..Integrate an open space system into the land use
pattern that increases the amount of open space, protects.
Bremerton’s natural resources, and provides a source of
beauty and enjoyment for all residents.
The Bay Vista plan includes approximately 15 acres of
parks and open space that is integrated into the land
use pattern. Significant trees will be retained to the
greatest extent feasible or replaced. The open space
plan includes areas for active recreation – including
ball-fields, pocket parks, tot lots and gathering
places – and for gathering and passive enjoyment. A
management plan will be prepared and implemented
for the Preserve, a large natural area. Residents will be
involved in overseeing preservation of this area.
LU4 ..Provide for walkability throughout Centers and
neighborhoods.
Bay Vista is intended to be a walkable community,
and has integrated the needs of the pedestrian into its
land use pattern and transportation system. The plan
includes approximately 30,000 linear feet of pedestrian
paths and trails, connecting areas of the site with one
another and with the surrounding neighborhood.
LU5 ..Designate neighborhood, district, and employment
Centers on the Land Use Map that provide mixed-use
environments which serve as the primary focus for growth.
The Comprehensive Plan anticipates that retail and
service uses will be provided in Bay Vista as well as
in the future Oyster Bay Neighborhood Center. Bay
Vista will provide a residential population that will
support commercial uses planned on-site and in the
Neighborhood Center.
LU7 ..In order to encourage new development to occur in
locations and patterns consistent with the Vision(s), Goals
and Policies of this Plan – specifically in Centers – remove
or revise existing land use designations that would sit
multi-family uses in locations that do not support the
Centers Concept.
8
November 2012Section II : purpose, process & consistencyBay Vista includes a mix of multi-family and
single-family housing. The proposed location of multi-
family housing adjacent to Kitsap Way will support
commercial activities anticipated on-site and in the
Oyster Bay Neighborhood Center.
LU11 Provide for the viability of communities,
neighborhoods, and Centers through strategic land use
designations and infrastructure provisions.
The Comprehensive Plan Land Use Map designates
Westpark (now Bay Vista) as a Public Sector
Redevelopment Site (PSRS). This designation
recognizes its public ownership and the public interest
in innovative redevelopment that meets community
needs. The master plan has been developed through
a Sub-Area Planning process, will be compatible with
adjacent uses, and will provide a variety of housing
types and ownership options that will meet a variety of
housing needs.
LU12 Support community-wide access to amenities and
services.
Bay Vista will provide open space and recreational
amenities that are available to all community residents.
The site has also been planned to maintain and enhance
views of the water.
LU17 Adopt and implement appropriate standards and
regulations for stormwater management. the City of
Bremerton should adopt and implement regional plans,
strategies, and standards as appropriate, including but not
limited to the Seattle/King County Storm Water Manual,
FEMA maps, and the Puget Sound Action team’s 2000
Water Quality Plan.
Stormwater will be managed in a manner consistent
with city standards.
C. PuBliC/stakeHolder
ProCess
The Bay Vista Sub Area Plan reflects the efforts of many
people, including: city leaders and staff, the many
citizens and Bay Vista residents who turned out for an
initial program of public community meetings and a
week-long design charrette, urban designers, architects,
traffic planners, civil engineers, environmental
specialists, and market consultants, to name a few.
A second round of meetings and forums were held
to discuss revisions to the Sub-Area Plan based
on updated information about the site and market
conditions.
Community meetings were advertised through a
combination of mailed and published notices, posted
signs, and newsletters. Bay Vista residents, neighbors
within 300 feet, and the community at large were
invited to participate in the process. All residents
of Bay Vista and within 300 feet of the site received
written notices and invitations
The public process conducted for the initial adoption
of the Sub Area Plan included the following outreach
efforts and comment opportunities:
Four public community meetings:
• March 16, 2006• May 12, 2006• June 22, 2006 (EIS scoping included)
• September 14, 2006
A week-long design charrette:
• May 8-12, 2006
two stakeholder’s meetings:
• April 19, 2006
• July 13, 2006
SEPA/NEPA scoping meetings and EIS meetings:
• June 22, 2006
Bremerton Planning Commission workshops
and public hearings:
• October 17, 2006
• November 21, 2006
Bremerton City Council public hearings and
meetings:
• January 24, 2007• February 7, 2007
bay vista 9 Section II : purpose, process & consistency
At each of the meetings, the current status of the design
process was presented, and attendees were invited to
comment on the design, and to ask questions about
the project and the process. The goal of the stakeholder
process was to create a vibrant neighborhood
that reflects multiple public objectives, with the
participation and support of the community as a whole.
The content of the public meetings were as follows:
Community Meeting #1: March 16, 2006
West Hills Elementary School Gymnasium
This meeting included presentation of the existing
conditions on the Bay Vista site, along with the
proposed process for redeveloping the site. Goals
and possibilities for the site were presented, and an
invitation for the public to participate in the process
of creating the Sub-Area Plan document. The timeline
and process for the project were presented, and a
question and answer session followed.
Questions from attendees, mostly existing Westpark
residents, were focused on the relocation plan,
demolition, and future rent levels for the replaced
subsidized housing.
Stakeholder’s Meeting #1: April 19, 2006
Westpark Community Center
This meeting included presentation of the existing
conditions on the Westpark site, along with the
proposed process for redeveloping the site specifically
geared toward those neighboring businesses and
agencies affected by the Westpark redevelopment.
Retail and commercial components of the project
were presented, with a discussion of potential impact
to surrounding businesses. The timeline, process and
current status of the project were also presented, with a
question and answer session following.
Questions from the stakeholders included the following
topics: project financing; whether land will be sold as a
large block or in individual lots; the anticipated income
of future residents; use of design standards; ability
to rent units, housing for residents not returning to
Westpark; and the type of retail development that will
face Oyster Bay Avenue.
Community Meeting #2 (Design Charrette):
May 8-12, 2006 – Westpark Community Center
At the Design Charrette, the public had the opportunity
to interact directly with the design team over the
course of a week while the design was in process,
allowing true public input. Each night (with the
exception of Thursday) during the charrette there
was a presentation and question and answer session,
outlining the day’s progress. On the final evening, all of
the drawings were presented, including the preferred
site plan, which was generated through input from
each of the agencies and stakeholders involved, along
with the many members of the local community that
participated. This final presentation served as the
“official” public meeting component of the charrette,
and was followed by a question and answer session.
Questions raised at the meeting addressed the
following topics: replacement of existing streets;
density of housing; noise; availability of units for the
disabled; phasing of construction; grading of the site;
storm water management; sale of lots to individuals.
Community Meeting #3: June 22, 2006
Westpark Community Center
This meeting included presentation of the EIS process,
along with the proposed process for the environmental
approval process. A question-and-answer session
specific to the EIS was held, followed by an update of
the overall design process for the site. There was an
additional opportunity for questions and answers after
the design process update.
Questions and comments addressed the following
topics: fill proposed for the existing ball field and
potential seismic event; timing of construction;
communication with residents about project progress;
impacts on existing wildlife; questions about the
10
November 2012Section II : purpose, process & consistencyrelocation process; kinds of future businesses; lighting;
water features; BHA ownership of housing; whether
there will be multiple builders for the for-sale housing;
and name of the new community.
Stakeholder’s Meeting #2: July 13, 2006
Westpark Community Center
This meeting was geared toward the stakeholders
and included an update on the design process for
redeveloping the site. Timelines for relocation of
the current Westpark residents and construction
were presented, with a question- and-answer session
following.
Questions from the stakeholders included the status
of the grading design; and status of the stormwater
system.
An additional series of informational meetings and
forums was held in September-October 2008 in
connection with proposed revisions to the Sub-Area
Plan.
Community Meeting #1: September 25, 2008 – Westpark
Community Center
The kick-off meeting included a summary of the
plan revision process, the topics and schedule of
subsequent community meetings, and major changes
being considered to the sub-area plan/master plan. The
recently awarded HOPE VI grant was also described.
As summarized, the basic concepts of the master
plan for the community, recently renamed Bay Vista,
would remain the same: a mixed-use, mixed-income,
pedestrian oriented community, with ample open
space and landscaping, modern infrastructure and
high quality design. Proposed changes to the master
plan are motivated primarily by changing real estate
market conditions, and project financing needs. Major
changes to the master plan being discussed include the
following:
• a slight increase in the number of housing
units, but the same number of low income units
dispersed throughout the community;
• an expansion and intensification of the retail
center, potentially incorporating the existing fire
station site;
• demolition of the existing community center and
development of a smaller community center on a
corner of the ball field;
• the same amount of parks and open space;
• noise mitigation walls adjacent to SR 3; and
• investigation of additional low impact design
techniques for stormwater management.
Based on conditions of the HOPE VI grant,
construction will need to be completed by 2013 (54
month maximum from grant award).
A question and answer session followed the
presentation. Questions addressed the following topics:
location of a new fire station; whether the fire station
site be used as a maintenance facility rather than for
commercial use; how secure the HOPE VI grant funds
are in view of recent national economic events; what
the HOPE VI funds can be used for; whether there
will be a homeownership program; whether off-site
property will be condemned by the City; the new
phasing program; tree preservation; the design and
character of the new commercial center; and numerous
questions related to the on-going tenant relocation
program.
Community Meeting #2: October 2, 2008 – Westpark
Community Center
The second meeting of the series focused on the
changes to the commercial piece of the redevelopment
known as Sector 5. Mel Maertz from Olympic
Associates made a power point presentation which
showed the conceptual sketches of what the new
commercial could look like. Slides also showed possible
elevations for a grocery, an inn and residential.
Two community members and a potential commercial
tenant attended this meeting.
Community Meeting #3: October 9. 2008 – Westpark
Community Center
The third meeting was a discussion of the civil
engineering changes. The outline for this meeting was:
1. Introduction
a. Why are we going through this process
bay vista 11 Section II : purpose, process & consistency2. Site Overview/Changes
a. Changes in roadway layout/alleys
b. Changes in open space
c. Changes in Stormwater Management Areas
3. Grading
a. Site constraints
b. Overall idea/slope reduction
c. Majors areas of cut and fill
4. Stormwater Management
a. Drainage Basins
b. Outfall
c. Conveyance systems
5. Low Impact Development
a. Pervious Pavement
b. Conveyance Swales
c. Roof Downspouts
d. Filterra
6. Street Sections
a. Possible Options
7. Closing
a. Next Steps
Justin Goroch from BCRA Engineering was the
featured speaker. Questions were fielded from the
audience with most of the questions centering on our
use of Low Impact Development.
Community Meeting #4: October 16, 2008 – Westpark
Community Center
The fourth meeting was a presentation of what the
new replacement housing in the new Bay Vista will
look like. Presentations were made by Tonkin Hoyne
complete with a power point presentation of what the
replacement public housing would look like and Ross
Deckman + Associates with schematics of what the
multifamily apartment and manor houses would look
like.
The tenants in the audience asked questions such
as what amenities would the units have. Responses
comparing and contrasting the current housing with
the new housing were well received.
Community Meeting #5: October 23, 2008 – Westpark
Community Center
The following agenda was used for this meeting:
Guest Introduction:
Greg Brower; Landscape Architect
of Berger Partnership
Mel Maertz; Architect
of Olympic Associates Company
Sub- Area Plan: Landscaping & Site Amenities
A. Streetscape
B. Parks
C. Open Space
D. Club House
E. Residential Landscape
The presenters showed visuals of what the new parks
and open spaces would look like. They also showed
a schematic design of a new community club house.
Audience comments were primarily about the use of
existing trees and new plantings.
Community Meeting #6: October 30, 2008 – Westpark
Community Center
This final meeting was a wrap up and summary of the
previous 5 meetings. We reviewed the contents of the
previous weeks’ presentations and fielded any audience
questions that may have come up over the course of the
6 weeks.
No issues were left outstanding and no official
comments have been received.
More detailed documentation of the public process is
on file with the City of Bremerton.
Stakeholder Meeting: June 21, 2012 – Summit at Bay Vista
Tenants and community partners were present to
review the proposed changes to the Sub Area Plan.
Responses were all supportive of the plan.
Stakeholder Meeting: June 25, 2012 – BHA Administrative
Offices
BHA staff was present to provide an overview of
proposed changes to the Sub Area Plan. There were no
other attendees at the meeting.
12
November 2012Section II : purpose, process & consistencyd. sePa/nePa enVironmental
reView
The review process for the proposed re-development
of Westpark, and the initial adoption of the Sub-Area
Plan, included preparation of an Environmental
Impact Statement (EIS) to comply with the National
Environmental Policy Act (NEPA) and the State
Environmental Policy Act (SEPA). The City also
prepared an EIS Addendum for the initial adoption of
the Sub-Area Plan. The purpose of an EIS is to present
information about the environmental consequences
of proposals, including redevelopment projects, to
consider alternative courses of action, and to mitigate
environmental impacts that are avoidable. This analysis
helps ensure that decision makers are aware of impacts
to the natural and human environments, and that they
consider opportunities to mitigate impacts. The process
also provides opportunities for interested agencies,
tribes and citizens to comment on proposals and to be
involved in their consideration.
A single EIS was prepared to satisfy NEPA and SEPA
requirements. The City of Bremerton, designated as the
Responsible Entity (RE) for NEPA compliance, served
as the NEPA lead agency. Compliance with NEPA was
required because the project involved federal action, by
the Department of Housing and Urban Development
(HUD), to use federal funds in redeveloping the site.
The Bremerton Housing Authority acted as the lead
agency for SEPA compliance. Scoping occurred in
June 2006. A Draft SEPA/NEPA EIS was published in
March 2007. Public meetings on the Draft EIS were
held in April 2007. A Final EIS, responding to public
and agency comment, was published in May 2007. All
meetings were advertised consistent with state and
federal requirements. Notices of the publication of EIS
documents were similarly published consistent with
SEPA and NEPA requirements. An Environmental
Review Record (ERR) was prepared to comply with
NEPA and is on file with the City of Bremerton. An
addendum to the EIS was prepared in 2008 to address
changes to the Sub-Area Plan.
e. Bay Vista arCHiteCtural
reView Committee
All new development proposals will adhere to the
development review, permitting and design approval
processes of the City of Bremerton and the Bay Vista
Architectural Review Committee (ARC). ARC planning
and design standards are identified in the Sub-Area
Plan. Covenants, Conditions & Restrictions (CC&R’s)
will also apply to all property on the site that is sold for
redevelopment, to help ensure that all proposals meet
relevant requirements.
The Bremerton Housing Authority has contracted
with a development consultant who is responsible for
all development within the boundaries of the project
site. The development consultant will assemble an
ARC responsible for the review and approval of all
permit applications prior to their submittal to the City
of Bremerton. Upon approval the ARC will issue a
certificate that will be required to be included with the
submittal to the City. Permit applications will not be
accepted by the City without the approval of the ARC.
The City will maintain its primary authority to review
and approve plans for consistency with zoning and
development standards, and building requirements, as
required by law. In particular, the Architectural Review
Committee will ensure that proposed development
is consistent with the intent and specifics of CC&R’s
adopted for the Bay Vista site.
bay vista 13 section III : Sub-Area planiii - BAy VistA suB-AreA pLAn
a. existing site Conditions
DRAINAGE
Stormwater within the site is conveyed by overland
flow and through a rudimentary system of open
ditches and enclosed drainage pipes. Outside of the
project area, stormwater is conveyed away from the
site in open ditches and enclosed drainage systems.
Stormwater from the on-site area combines with
stormwater from off-site areas in the conveyance
systems outside of the project area. There are no known
sources of off-site stormwater that is routed through
the existing drainage system.
There are no known existing water quality treatment
facilities within the Bay Vista site. Stormwater
treatment for the redeveloped conditions on the
overall site will be provided in accordance with Title
15.04.042 of the City’s municipal code. Water quality
treatment and flow control facilities will be designed in
accordance with the City of Bremerton Public Works
and Utilities Standards, using Department of Ecology
(Ecology) hydrologic simulation software to calculate
flow rates and volumes
Currently, most of the site discharges through two
existing outfalls into Oyster Bay. Small portions
in the Southeast and Northwest corners of the site
discharge to existing Washington State Department
of Transportation storm drainage systems ultimately
flowing to the Sinclair Inlet and Ostrich Bay Creek.
Low Impact Development (LID) techniques, including,
but not limited to, pervious pavement, raingardens,
bioswales, and roof drain dispersion will be utilized to
the greatest extent feasible to treat stormwater and help
control flows from the site.
tRANSPORtAtION
Regional transportation facilities bounding the Bay
Vista site include SR 3, Kitsap Way and Oyster Bay
Avenue. SR 3 is a four-lane, north-south freeway serving
Central Kitsap County. Kitsap Way is a five-to-seven
lane, limited access, principal arterial that connects West
Bremerton to Central Kitsap County (via SR 3). SR 3
and Kitsap Way intersect just northwest of the Bay Vista
site. Access to the site is provided by Oyster Bay Avenue,
Sinclair Drive, Arsenal Way and Sand Dollar Drive.
Kitsap Transit provides public transit service to the
City of Bremerton. Routes No. 24 and 26 serve the Bay
Vista site, with stops along Kitsap Way (Route 24), at
the Firs Apartments on Russell Road (Route 26) and
within the Bay Vista site. Service on both routes has
one-hour headways.
Kitsap Way has a designated bicycle lane, wide
shoulders, raised sidewalks on both sides, and painted
crosswalks with pedestrian call buttons. The City
of Bremerton has recently upgraded or added new
accessible ramps at various intersections along Kitsap
Way. A mid-block pedestrian crossing is located east of
Oyster Bay Avenue. Oyster Bay Avenue includes raised
sidewalks on one side of the street.
Two intersections of Kitsap Way – at Oyster Bay
Avenue and Pershing Avenue – have relatively high
accident rates (based on the last three-year average)
Existing levels of service at major intersections meet
City of Bremerton standards. Those experiencing the
highest delays are Kitsap Way at Marine Drive, and
Kitsap Way at the SR 3 southbound ramps.
CRItICAL AREAS
The Bay Vista site does not contain wetlands or streams,
based on preliminary analysis. These resources are
presently adjacent to the site, however, and on-site
activities (e.g., stormwater runoff) will need to be
managed to protect off-site water quality and habitat.
The site’s trees and vegetation provide a valuable
environmental and visual amenity, but do not provide
habitat for designated threatened, endangered or
sensitive species. Critical aquifer recharge areas are
not present. Some steep slopes do occur and will be
addressed through site planning consistent with City
requirements.
14
November 2012section III : Sub-Area planSUMMARy OF OPPORtUNItIES AND
CONStRAINtS
Based on natural features, site location and expressed
public and private planning objectives, the Bay
Vista site possesses significant opportunities for
redevelopment. There are also a number of constraints
that will be addressed through the sub-area planning
and master planning processes.
• The site’s topography is varied and dramatic.
Three high points within the site will most likely
create beautiful views towards Oyster Bay.
• Bay Vista is bounded by State Road 3 and Kitsap
Way. These two primary roads carry high volumes
of traffic, which creates a perceptible level of noise
within the site.
• A five-minute walking distance (quarter-mile
radius) is often used as a benchmark for planning
traditional neighborhoods. Most of the site, and
portions of the planned Oyster Bay Neighborhood
Center commercial area (along Kitsap Way), are
within convenient walking distance and are
accessible from the surrounding community. Bay
Vista residents will provide economic support for
on-site and off-site services.
• The site is not significantly constrained by critical
areas (e.g., wetlands, streams, fish and wildlife
habitat, aquifer recharge areas). It does contain
some steep slope areas that will need to be
stabilized and carefully engineered.
Figure 2 – Opportunities and Constraints Diagram
bay vista 15 section III : Sub-Area plan• Some mature landscaping and significant trees are
present on the site in the Preserve. These features
are valuable amenities and provide opportunities
for integration into a system of parks and open
space.
B. suB-area Plan Vision, goals
and oBjeCtiVes
The vision of the Bay Vista Sub-Area Plan is to provide
a modern, mixed-use, mixed-income, pedestrian-
friendly and amenity-rich neighborhood for residents,
neighbors and visitors. Redevelopment will create a
particular kind of place, one that provides space for the
community to gather and interact. Streets, plazas and
other public spaces will all be designed with the care
and attention to detail required to make them function
as outdoor public “living rooms” of the new Bay Vista.
The pedestrian-oriented design is reflected in a
clearly defined “main street”, small-scaled blocks, and
pedestrian-scale buildings on landscaped streets.
Public art parks, and stands of significant trees also
contribute to this definition. The Sub-Area Plan’s
overall goals and objectives include the following:
1. Promote a Mixed-use, Mixed-income Neighborhood
• Promote a livable, walkable community through
traditional neighborhood-making principles
• Provide a varied set of housing and lot types to
promote a mixed-income neighborhood
• Encourage development of new neighborhood
retail along Arsenal Way and at the intersection of
Kitsap Way and Oyster Bay Avenue
• Connect to and re-use existing infrastructure
where appropriate
2. Create a Pedestrian-oriented Environment
• Conceal retail parking to enhance the public realm
for pedestrians along the street
• Improve pedestrian and bicycle connections
within and outside of the Bay Vista site
• Encourage the use of public transit
• Provide and enhance trails through existing
wooded and landscaped areas
3. Maintain and enhance existing view landscape and
corridors
• Take advantage of views north to Oyster Bay
• Maintain and enhance trees and landscape along
the south side of Kitsap Way and in the Preserve
• Develop public neighborhood parks and greens
adjacent to existing landscape features and views
16
November 2012section III : Sub-Area plan4. Enhance the civic realm and create more usable public
open spaces.
• Provide outdoor amenities
• Create smaller pocket parks throughout the
neighborhood to promote walkability and security
• Improve and create parks and civic spaces
5. Promote economic development through provision of
commercial activities and services.
• Develop a Village Center that will provide local
jobs, help finance redevelopment of the site, and
generate revenue to the City.
• Provide a full range of services to meet the
everyday needs of local residents.
6. Integrate low impact development approaches into
the site master plan where possible and practical.
• Reduce street widths where appropriate to help
reduce impervious surfaces
• Maintain and integrate open space into the site
plan
• Investigate stormwater design that uses bioswales
and infiltrates stormwater where appropriate
• Use pervious asphalt where soil conditions permit
OPEN SPACE GOALS
• Create parks that enhance the community and
encourage and support social interaction.
• Create open spaces easily accessible to residents.
• Create parks that appeal to a wide range of age
groups. A diversity of park types should be
established to offer a diversity of passive and
active uses.
• Use the ‘eyes-on-the-park’ to create safe active
environments. Lighting, layout and visibility are
key factors in the design of active parks.
Provide trash and recycling bins for the parks that meet
the needs of the users.
• Use resilient materials that reduce maintenance
costs.
• Increase community participation through direct
access for residents from their homes to adjacent
parks.
• Create public viewing areas.
• Provide for an urban trail through the natural area
and along Kitsap Way.
• Provide for wildlife through preservation and
enhancement of the natural area.
Bay Vista’s landscape will also serve to enhance the
site’s architecture and relate to the local environment.
The topography of the site allows for varied
relationships of architecture and landscape, which will
help distinguish sub-neighborhoods from each other.
Open and accessible outdoor spaces and convenient
seating will encourage human interaction and create a
safe and visible environment for children. Pedestrian
bay vista 17 section III : Sub-Area planscale lighting will enhance the streetscape, alleys and
parks. Narrower streets will calm traffic and protect
pedestrians.
C. suB-area Plan elements
The Bay Vista Sub-Area Plan addresses the following
elements:
1. Land Use, including the master site plan map and
identification of major land uses.
2. Housing, including the expected number of for-sale,
rental, market-rate and low-income units; and planned
densities.
3 Open Space, landscaping and amenities.
4. Roads and Infrastructure, including vehicular and
non-vehicular circulation systems, storm water
management, and site utilities.
Bay Vista will be a mixed-use, mixed-income
community drawing on the best of traditional
neighborhood design and the rich history of
Bremerton, while employing modern amenities and
taking advantage of the topography, landscape and
views. The intent is to build a warm community, where
neighbors interact and walk on beautiful tree-lined
residential streets, and where pedestrian circulation
is emphasized. The areas of the site where retail is
proposed will be designed to be lively and energized.
The Land Use Plan is loosely based upon a grid of
interconnected streets that provide multiple routes
to any destination. This configuration allows easy
pedestrian and vehicular circulation throughout the
neighborhood by spreading out traffic loads. Sidewalks,
street trees, and appropriately scaled street lights and
furniture will provide richly detailed streetscapes.
A unique sense of place will be created through the
arrangement of vibrant public spaces, a clear hierarchy
of pedestrian-friendly streets, a balanced program of
residences, retail services, offices, community buildings
and spaces, as well as an architecture that responds
to the northwest vernacular. Buildings that line public
spaces will enclose and frame the public realm, and
connect to one another at the scale of the pedestrian.
Foremost, Bay Vista will be a residential community,
offering numerous types, styles and sizes of residential
units types, at varying densities, to meet the
community’s housing needs and to accommodate
a spectrum of income groups. The heart and center
of the community will be the Bay Vista Preserve, a
large open space that will provide opportunities for
active recreation and passive enjoyment of significant
vegetation. Residential neighborhoods will line the
park. Smaller parks and open spaces will be located
throughout Bay Vista’s neighborhoods and plazas, and
more “urban” spaces will be co-located.
Different land uses will be arranged compatibly in
distinct neighborhoods, and in mixed-use buildings,
some of which will have plazas and other urban open
spaces. The site’s more intensive land uses including
larger high density residential buildings, and a retail/
commercial village – will be located along the site’s
outer edges, closer to (but buffered from) major
arterials. All of the site’s activities, however, will be
within a convenient walk or bike ride via Bay Vista’s
system of paths and trails.
1. LANd USE
The general arrangement and location of land uses in
Bay Vista are shown in Figure 4, which indicates the
planned, general locations of proposed land uses.
Mix of Land Uses
The planned mix of land uses will create a vibrant,
attractive and functional community.
Residential uses including single-family attached and
detached in a variety of designs, and multi-family
will predominate. Retail and service uses will also be
provided to meet the everyday needs of residents; these
activities will support the more diverse, larger scale
commercial activities occurring along Kitsap Way,
in the designated Oyster Bay Neighborhood Center.
Retail/commercial and residential may occur in mixed-
use buildings. More intensive and larger-scale land uses
(retail, commercial, and larger multi-family buildings)
will generally be located closer to the site’s boundaries,
transitioning to residential and open space uses in
more central portions of the site.
Density
The allowable gross density based on preliminary
18
November 2012section III : Sub-Area planVILLAGE COMMERCIAL
MULTI-FAMILY/
SENIOR HOUSING
OPEN SPACE PARKS
MULTI-FAMILY/MIXED USE
LOW OR MEDIUM
DENSITY RESIDENTIAL
FIGURE 4 - LAND USE PLAN
LEGEND
Figure 4 – Land Use Plan
bay vista 19 section III : Sub-Area planplat approval is approximately 12 dwelling units per
acre. Individual projects must be within the range
that is specified for the type of residential unit in the
Sub-Area Plan’s development standards. Variations in
density are anticipated throughout the site, subject to
the limits in the development standards.
2. HOUSING
Housing Program
Bay Vista will include a mix of for-sale and rental units,
and market-rate and public/low-income units.
Low-income units will be developed at Bay Vista and
will include a mix of residential housing types.
3. OPEN SPACE ANd PARkS
Approximately 15 acres of the Bay Vista site will be
devoted to various types of parks and open space.
As shown on Figure 4, open space and parks will be
distributed across the site. Together, they express Bay
Vista’s environmental sensitivity, its desire to enrich
the health of the community and the individual,
and to establish the character of the neighborhood.
Landscaping and preservation efforts also offer
opportunities for education. School and conservation
programs, community work parties and stewardship
opportunities will involve residents in preservation
and enhancement of their natural environment. Native
wildlife will also provide a vital connection with the
environment.
The Bay Vista Preserve is an approximately 10 acre
natural open space that will be preserved in a natural
condition. The BHA has conducted a tree survey to
identify all significant trees. Low impact trails and
limited improvements will also be considered.
4. ROADS AND INFRAStRUCtURE
Roads & Pedestrian Circulation
Bay Vista’s thoroughfare system – streets, sidewalks and
pedestrian paths, shown in Figure 4, is a fundamental
element in site design, and will connect areas of the
community to each other and to the surrounding
neighborhood. The street design promotes pedestrian
circulation, while maintaining automobile access
for residents and visitors. The street layout provides
multiple paths to each home and business, and reduces
congestion by distributing traffic across the site.
The design and dimensions of major types of streets
are addressed in Section IV of the plan, "Zoning &
Development Standards." In general, streets utilize
narrower widths to reduce impervious area and
to slow vehicle speed. Alleys are used for access to
private parking for automobiles to preserve the desired
pedestrian-orientation of the streetscape and front
façades of residential structures. Basic streets types
include the following:
Neighborhood Streets – One-lane or two-lane roads
(varying among neighborhoods) with on-street parallel
parking. Sidewalks of varying width are provided on
both sides of the street. These streets are lined with
trees and include landscaping between the street and
Table 1 – Bay Vista Land Use
Land Use Zone Area (acres)Maximum Density
Multi-family/Mixed Use 11 Up to 65 d.u./acre
Multi-family/Senior Housing 6 Up to 65 d.u./acre
Village Commercial 14 N/A
Open Space 15 N/A
Residential 21 Up to 38 d.u./acre
Streets 16 N/A
t O tAL 83 Up to 12 d.u./acre
Notes:
(1) See table A-1 for density and dimensional standards.
20
November 2012section III : Sub-Area planthe sidewalk.
Bay Vista Boulevard – Provides access to the regional
transportation system, is designed as a wider, tree-lined
street with two traffic lanes, on-street parking and
sidewalks on both sides.
Alleys – Provides access to garages for parking and
for deliveries and services for Single- Family Attached,
Single-family Detached, and other unit types.
Pedestrian Paths and “Green Streets” – These are
separate from vehicle traffic and provide pedestrian-
only between Bay Vista streets, connections between
Bay Vista neighborhoods, parks and open spaces, retail
activities and services. These paths will also connect to
the off-site regional trail system.
Infrastructure
Bay Vista will be redeveloped with all new utilities
and infrastructure, including sewer and water systems
and stormwater management. Stormwater systems will
include water quality treatment, which is not currently
provided on the site. Low Impact Development (LID)
approaches for stormwater management, including
the use of pervious pavement in some street sections
are being pursued in preliminary engineering and
design. If feasible economically and geotechnically,
this approach could increase infiltration of stormwater,
recharge of groundwater, and could potentially reduce
runoff below existing levels. Upgrading of the existing
Oyster Bay outfall may not be necessary, in this case, to
accommodate flows from Bay Vista.
d. future CHanges to
tHe suB area Plan
The Bay Vista Master Plan and Sub-Area Plan are
evolving documents and will change incrementally
over time in response to changing regional economic
conditions, and to ongoing planning, design,
environmental review, public involvement and local
decision-making. A degree of flexibility is inherent
in large-scale, phased master plans; this flexibility is
desirable to provide the ability to respond to changes in
demographic, economic and market patterns over time.
The initial Sub-Area Plan map, adopted in 2007,
reflected the conceptual master plan for the site at
that time and stage of planning. Some proposed
land use designations allowed flexibility in uses, and
contemplated that changes could be proposed in
the future. For example, it was recognized that Bay
Vista’s on-site population and financial requirements
could support and/or require additional compatible
retail development on the Bay Vista site. Additional
retail development was incorporated in the revised
Master Plan and Sub-Area Plan. Any significant
changes to the conceptual land use map requires
thorough consideration through a public review
process, including review and action by the Planning
Commission and City Council to amend the
Comprehensive Plan. Appropriate environmental
analysis is also required. Any changes also need to
be consistent with the Sub-Area Plan’s goals and
development standards. Such changes were proposed
in 2008 to modify the Sub-Area Plan's boundaries,
increase the number of residential units slightly, and
to increase the size and intensity of on-site commercial
uses.
bay vista 21 section IV : ZONING & DEVELOPMENT REGULATIONSa. land use zones
This section of the Sub-Area Plan contains the
zoning and development standards that will guide
the redevelopment of Bay Vista and will implement
the requirements of the site’s zoning designation. The
standards address the following elements:
Land uses/zones, including density, height, setbacks,
building coverage and impervious surface coverage;
• General development standards;
• Building design;
• Streets, sidewalks and driveways;
• Parking;
• Landscaping;
• Parks and open space;
• Signs.
Design standards are reviewed for conformity by the
ARC, as discussed in Sec. III.
The current zoning classification for the Bay Vista site
is Master Development (MD) [Chapter 20.80 BMC].
The MD zone is applied to sites envisioned for large-
scale planned development. These proposals must meet
a public need and provide a community benefit, such as
redeveloping “blighted” areas or providing affordable
housing opportunities. Projects may be proposed by
public entities or public-private partnerships, and
should result in innovative development.
Proposals in the MD zone are required to prepare a
Master Development Plan (MDP), which includes
standards for development of the site, including uses,
density, setbacks, lot coverage and heights. Other
required components of an MDP, which are addressed
in these regulations, include the following:
• An open space plan that protects natural resources
and provides recreational opportunities;
• Site edge design that is compatible with adjacent
uses and densities;
• Streetscapes that include amenities, (street trees,
planting strips, benches, street lighting, etc.) and
other design features that make streets interactive,
walkable and enjoyable;
• A general landscape plan, including preservation
of significant trees where possible;
• Adequate off-street parking, which may modify
standard requirements if a parking study
demonstrates no impact on adjacent properties.
1. LAND USE & DIMENSIONAL StANDARDS
Land uses within Bay Vista and applicable dimensional
standards are identified in Table A-1, Density and
Dimensional Standards and Figure A-2, Land Use Map.
2. RESIDENtIAL
Intent: The intent of the residential (R) zone is to
accommodate a variety of housing types at varying
densities consistent with creation of a mixed-income,
mixed-use pedestrian-oriented community. Housing
types may include single-family attached and detached
in a variety of styles. Multi-Family housing may also
occur in mixed-use buildings.
Residential standards shall be in accordance with the
standards of BMC 20.60 with the following additions
and/or revisions:
i. Permitted Uses and Density
a. Permitted Uses
(i) Provided that they are consistent with the
intent of the Zone, all uses are permitted
outright, provided that the Development
Standards specified in Section IV are satisfied.
The applicant shall bear the burden of proving
that a proposed use achieves the stated intent
of the particular zone.
b. Use Definitions
(i) Definitions of the specific land uses are found
in BMC Chapter 20.40.
c. Decision Authority
(i) A use determination made by the Director
may be appealed to the Hearing Examiner
iV - Zoning & de VeLopment reguLAtions
22
November 2012section IV : ZONING & DEVELOPMENT REGULATIONSVILLAGE COMMERCIAL
MULTI-FAMILY/
SENIOR HOUSING
OPEN SPACE PARKS
MULTI-FAMILY/MIXED USE
LOW OR MEDIUM
DENSITY RESIDENTIAL
FIGURE 4 - LAND USE PLAN
LEGEND
Figure A-2 – Land Use Plan
bay vista 23 section IV : ZONING & DEVELOPMENT REGULATIONSfollowing a Type II decision process as set forth
in BMC Chapters 20.02 and 20.40
ii. Dimensional Standards: Standards for height, setback,
yards, building coverage and site coverage shall be
consistent with Table A-1.
iii. Public Space Requirements
the following public space requirements to residential
development:
a. Pedestrian-oriented spaces, amenities and corridors
shall be incorporated in the overall site design.
b. Pedestrian areas shall be easily accessible, clearly visible
and located to take advantage of surrounding features
such as building entrances, open spaces, significant
landscaping, unique topography or architecture, and
solar exposure.
iv. Development Standards:
a. Residential building density, height, yards/setbacks,
building coverage and site coverage, shall be consistent
with the standards in Table A-1.
b. Garages & Integral Garages:
(i) Integral garages incorporated into residential
structures should not face the street, except for
lots not served at the rear by alleys. Where garage
doors facing the street are permitted, they should
be set back from the front facade, and should
contain at least 25% glazing. Driveways shall be
a minimum length where any vehicle parked in
front of the garage shall not protrude onto the
sidewalk.
c. Landscaping: Landscaping shall meet the requirements
of Subsection G of these regulations.
d. Building Orientation and Design Elements:
(i) Residential: When located at block corners,
buildings shall have two primary facades
(composed of the same materials) that are
oriented to the two streets.
v. Fire Protection Systems:
Due to the road widths proposed in this plan, all
residential units shall be protected by a fire-sprinkler
system.
vi. Lot Standards
a. Residential: minimum lot width shall be 30 feet.
3. MIxED USE
Intent: The intent of the Mixed-Use zone is to
further the goal of creating a traditional, mixed-use
pedestrian-oriented community by allowing a
complementary mix of residential and non-residential
uses to locate within the same building or stand alone
multi family buildings.
Mixed-Use standards shall be in accordance with the
standards of BMC 20.60 with the following additions
and/or revisions:
i. Permitted Uses and Density:
a. Provided that they are consistent with the intent of the
Zone, all uses are permitted outright except those uses
listed prohibited in Section IV.A.3.ii, and provided that
the Development Standards specified in Section IV are
satisfied. The applicant shall bear the burden of proving
that a proposed use achieves the stated intent of the
particular zone.
ii. Prohibited Uses:
The following uses are prohibited:
a. Adult entertainment
b. Automobile sales
c. Light and heavy industrial/manufacturing uses
iii. Dimensional Standards
a. Standards for setback, yards, building coverage and
site coverage are indicated in Table A-1, Density &
Dimensional Standards.
iv. Public Space Requirements
a. Pedestrian-oriented spaces, amenities and corridors
shall be incorporated in the overall site design.
b. Pedestrian areas shall be easily accessible, clearly visible
and located to take advantage of surrounding features
such as building entrances, open spaces, significant
landscaping, unique topography or architecture.
c. Delineate pedestrian areas through the use of different
paving materials, scored paving surfaces, built-in
planters, landscape areas and freestanding site
furniture.
v. Development Standards
Site development shall be in accordance with the
standards of BMC 20.66.060 with the following
24
November 2012section IV : ZONING & DEVELOPMENT REGULATIONSadditions and revisions:
a. Buildings should be arranged to facilitate integration
and use of plazas, courtyards, and greens.
b. Sites should be designed to create an identifiable
pedestrian urban character. Methods to achieve this
concept include:
(i) Providing well-defined pedestrian walkways or
circulation from parking areas, public sidewalks,
and building/shop entrances throughout the site.
(ii) Designing surface parking areas to avoid long
rows of uninterrupted parking.
(iii) Where possible, sites shall be designed to provide
vehicle and pedestrian connections to adjacent
sites and activity areas.
c. Outdoor lighting standards
The following standards apply to all uses and
development within this zone:
(i) Except for intermittent security lighting on
motion detectors, all lights more than seven feet
above the ground shall be directed downward
and have high cut-off light angles.
(ii) Large areas may be lit with a number of low-
intensity sources close to the area requiring
illumination. Illumination of a large area with a
remote single source of light shall be prohibited.
(iii) Lighting shall not be cast beyond the premises
and shall be limited to illumination of surfaces
intended for pedestrians or vehicles. Illumination
of landscaped areas shall be avoided unless the
landscaped area is immediately adjacent to the
building.
(iv) Pole lights shall be no taller than 25 feet above
a 36-inch base in parking lots, traffic areas, or
pedestrian areas.
d. Site furnishings:
Incorporate outdoor furniture, fixtures, and streetscape
elements into the site design that enhance and
complement the commercial functions of the site.
Miscellaneous structures and street furniture should
be designed to be part of the architectural design and
landscape. The following requirements will assure
consistency in site furnishing design and are applicable
to all non-residential uses. The following standards
shall apply:
(i) Utilize lighting, free- standing signs, trellises,
arbors, raised planters, benches and other forms
of seating, trash receptacles, bus stops, phone
booths, fencing, or other outdoor furniture or
streetscape fixtures in the site design to create
and define public spaces.
(ii) Locate site furnishings to maximize visual
surveillance of the area by residents, pedestrians
and passing vehicles to minimize covert activities
in the space and lessen risks to public safety.
(iii) Site furnishings should be a commercial-grade
designed for heavy public use.
4. VILLAGE COMMERCIAL
Intent: Promote attractive, unified, and viable
commercial businesses that serve the needs of the
community and provide jobs. Emphasize pedestrian
activity, safety and security while still providing for
drive thrus adequate auto and truck access.
i. Permitted Uses:
a. Provided that they are consistent with the intent of the
Zone, all uses are permitted outright except those uses
listed prohibited in Section IV.A.4.ii, and provided that
the Development Standards specified in Section IV are
satisfied. The applicant shall bear the burden of proving
that a proposed use achieves the stated intent of the
particular zone.
b. Use Definitions:
(i) Definitions of the specific land uses are found in
BMC Chapter 20.40.
c. Decision Authority:
(i) A use determination made by the Director may
be appealed to the Hearing Examiner following
a Type II decision process as set forth in BMC
Chapters 20.02 and 20.40
ii. Prohibited Uses:
a. The following uses are prohibited:
(i). Adult entertainment
(ii). Automobile sales
(iii). Light and heavy industrial/manufacturing uses
iii. Dimensional Standards
a. Standards for setback, yards, building coverage and
site coverage are indicated in Table A-1, Density &
Dimensional Standards.
iv. Public Space Requirements
a. Pedestrian-oriented spaces, amenities and corridors
shall be incorporated in the overall site design.
bay vista 25 section IV : ZONING & DEVELOPMENT REGULATIONSb. Pedestrian areas shall be easily accessible, clearly visible
and located to take advantage of surrounding features
such as building entrances, open spaces, significant
landscaping, unique topography or architecture.
c. Delineate pedestrian areas through the use of different
paving materials, scored paving surfaces, built-in
planters, landscape areas and freestanding site
furniture.
v. Development Standards
Site development shall be in accordance with the
standards of BMC 20.66.060 with the following
additions and revisions:
a. Buildings shall be arranged to facilitate integration and
use of plazas, courtyards, and greens.
b. Sites shall be designed to create an identifiable
pedestrian urban character. Methods to achieve this
concept include:
(i) Providing well-defined pedestrian walkways or
circulation from parking areas, public sidewalks,
and building/shop entrances throughout the site.
(ii) Designing surface parking areas to avoid long
rows of uninterrupted parking.
(iii) Where possible, sites shall be designed to provide
vehicle and pedestrian connections to adjacent
sites and activity areas.
c. Outdoor lighting standards
The following standards apply to all uses and
development within this zone:
(i) Except for intermittent security lighting on
motion detectors, all lights more than seven feet
above the ground shall be directed downward
and have high cut-off light angles.
(ii) Large areas may be lit with a number of low-
intensity sources close to the area requiring
illumination.
(iii) Lighting shall not be cast beyond the premises
and shall be limited to illumination of surfaces
intended for pedestrians or vehicles. Illumination
of landscaped areas shall be avoided unless the
landscaped area is immediately adjacent to the
building.
(iv) Pole lights shall be no taller than 30 feet above
a 36-inch base in parking lots, traffic areas, or
pedestrian areas.
d. Site furnishings:
Incorporate outdoor furniture, fixtures, and streetscape
elements into the site design that enhance and
complement the commercial functions of the site.
Miscellaneous structures and street furniture should
be designed to be part of the architectural design and
landscape. The following requirements will assure
consistency in site furnishing design and are applicable
to all non-residential uses. The following standards
shall apply:
(i) Utilize lighting, free- standing signs, trellises,
arbors, raised planters, benches and other forms
of seating, trash receptacles, bus stops, phone
booths, fencing, or other outdoor furniture or
streetscape fixtures in the site design to create
and define public spaces.
(ii) Locate site furnishings to maximize visual
surveillance of the area by residents, pedestrians
and passing vehicles to minimize covert activities
in the space and lessen risks to public safety.
(iii) Site furnishings should be a commercial-grade
designed for heavy public use.
vi. Building Orientation and Design Elements
a. Blank walls shall not face streets, unless modulated or
landscaped.
b. For surface development buildings may generally
follow the alignment of the streets they front.
vii. Architectural Building Elements and Character
Design Intent: To create a collection of buildings that
presents a unified character while allowing for the
individual architectural expression of each building.
The design character of an individual building should
be compatible (share similar features such as color,
scale, massing, width, setback and height and use) with
its commercial neighbors on either side and across the
street or plaza.
a. Building Scale: Design Intent
(i) To provide a consistent architectural scale
throughout, which is appropriate to a pedestrian
environment.
(ii) To create a concentration of buildings near the
plaza and along the street.
(iii) To achieve an inviting and interesting set of
buildings with distinctive character.
(iv) To ensure that the buildings present a varied
response to streets and public spaces.
(v) To create strongly identifiable elements and
Land Use/
Zone
Density
(Net dwelling
units (d.u.) per
acre)
Maximum
Height
Front Yard
(Building
Setback) (1)(ft)
Side Yards
(ft) (1,2)
Rear Yards:
d.u. or
commercial
space /
garage (ft) (2,3)
Maximum
Building
Coverage (4)
Maximum
Site
Coverage (5)
Residential Up to 38
d.u./acre
30 feet 10 (6)5 5/2 90%95%
Mixed Use/
Multi-Family/
Senior Housing
Up to 65
d.u./acre; + up
to 7,500 SF of
non-residential
use permitted
on the ground
floor facing
public street
65 feet 0 0 5/2 90%100%
Village
Commercial
N/A 65 feet 0 0 0 90%95%
(1) Corner lots shall have two (2) front yards and only one (1) side yard.
(2) Side and rear yard setbacks are subject to additional requirements contained in subsection 5.B.
Development Standards.
(3) Where garage is attached or integral to a dwelling unit, and there is no rear yard, the minimum rear yard
setback shall be five (5) feet for dwelling space, and two (2) feet for garage. Across an alley the distance
between facing garages shall be 24 feet minimum. A deck that does not exceed thirty (30) inches in height
above the finished grade may encroach within the rear-yard setback area to within three (3) feet of the
property line.
(4) Includes all area covered by structures and roofs, except roof overhangs of 2 feet or less.
(5) Includes area covered by structures and roofs, as defined above, and all impervious site materials.
(6) Additional front yard setback as required by utility provider.
26
November 2012section IV : ZONING & DEVELOPMENT REGULATIONSTable A-1 – Density and Dimensional Standards
bay vista 27 section IV : ZONING & DEVELOPMENT REGULATIONScivic gathering places that encourages a sense of
community and a sense of place.
(vi) To encourage use of good quality materials with
low maintenance life-cycle cost.
b. Building Modulation and Articulation
(i) Building street façades or walls facing pedestrian
plazas should be modulated to break down
the scale and have the varied look of multiple
buildings.
(ii) Building masses and edges along the street or
facing pedestrian plazas shall be articulated with
windows, entryways and vertical and horizontal
elements that provide interest.
(iii) Modulation and articulation may be
accomplished in a number of ways, including:
(a) The stepping back or projection of a portion of
the facade.
(b) Include significant building elements, such
as balconies, bay windows, porches, stoops,
pergolas, arcades, canopies or other pedestrian
weather-protection elements, towers, turrets,
entry areas, etc.
(c) Building focal points, which include distinctive
entry features, etc.
(d) Articulation of the roofline and/or
manipulating roof forms using gable-ends or
dormers.
(e) Changing materials and/or colors.
c. Articulate aspects of building function and design
through treatment of windows, doors, enhanced
entryways, corners with special trim, molding or
glazing; decorative building materials, such as tile and
metal work; balconies at upper stories; multiple-paned
windows; decorative railings, grillwork or landscape
guards; landscape trellises; or decorative light fixtures.
viii. Building Roof
a. Flat roofs and sloped roofs are allowed. If flat roofs
are used, cornices or projections are encouraged to
delineate roof edges and help with building modulation.
b. Roof mounted mechanical equipment (HVAC) shall be
screened from view with structural elements or screens
constructed of materials and details compatible with
those used in the building.
ix. Architectural Building Materials
Intent: To enhance the quality of both individual
buildings and the commercial center streetscape as
a whole. To encourage the use of traditional forms,
details, and good quality low maintenance materials
with low life cycle costs.
a. The materials of building elements such as roofs
(where exposed to view), exterior walls, trim, and other
miscellaneous elements, should be durable yet should
also possess an enduring commercial character.
b. The use of materials which provide textural interest is
encouraged for both roofs and walls (precast concrete,
masonry, brick, ornamental steel, metal panels, wood
or cementitious siding).
x. Service Areas
Intent: To screen service and utility elements from
view while providing efficient service areas.
a. Building service elements and utility equipment shall
be contained within the building envelope to the extent
practical so as not to physically encroach on or visually
impact public pedestrian areas.
b. All on-site service areas, loading zones, waste storage,
recycling collection, disposal facilities, transformer and
utility vaults and similar activities shall be located in
an area not visible from a public street or open space. If
this is not possible, then the service area, loading zone,
or storage area must be screened from public view.
Acceptable screening includes:
(i) Materials matching or compatible with the
adjacent building wall.
(ii) An opaque landscape hedge or other screening
device as approved by the City. Chain link
fencing with/without slats is not permitted.
(iii) Service/utility areas or enclosures shall not be
located in or be visible from the public plaza or
courts.
5. OPEN SPACE
Intent: The intent of the Open Space (OS) zone is to
recognize those areas, whether public or private, that
are intended to be maintained and used for active or
passive open space, parks, recreational activities or tree
preservation. Such areas may include squares or plazas
that are integrated into intensively developed portions
of the site.
i. Permitted Uses & Density:
a. Parks and open spaces used for active recreation and/
or passive enjoyment, including developed recreational
facilities
28
November 2012section IV : ZONING & DEVELOPMENT REGULATIONSb. Squares or plazas
c. Trails, pervious or impervious, for non-motorized use
d. Schools and playgrounds
e. Maintenance facilities not exceeding 500 square feet
f. Maintenance of trees, vegetation, and landscaping
h. Irrigation systems
i. Benches, picnic tables, pergolas, & similar amenities
j. Fountains, sculpture and artwork
k. Stormwater management facilities
l. Utilities and utility structures
m. Interpretive signs and displays
iii. Bay Vista Preserve Management Plan.
A management plan will be prepared for this
significant open space. The plan will be developed
with community input and will address vegetation
management, selective thinning to remove unhealthy
trees and invasive species, and the appropriate types of
improvements.
B. general deVeloPment
standards
General Development Standards shall be in accordance
with the standards of BMC 20.44 and 20.46 with the
following additions and/or revisions:
1. FENEStRAtION
The following additional architectural requirements
apply to Village Commercial along Bay Vista
Boulevard:
i. Streets and windows shall have a maximum sill height
above the ground or sidewalk of 36 inches.
2. BUILDING HEIGHt
i. Building height is defined as the distance from the
average finish grade at the façade to the highest point
of a flat roof, or midpoint of the sloping surface of a
pitched roof. Refer to Figure B-1.
ii. tower elements, not more than 300 square feet in
footprint, may exceed the maximum building height by
12 feet.
3. BUILDING SEtBACKS
i. Refer to table A-1 Density & Dimensional Standards.
bay vista 29 section IV : ZONING & DEVELOPMENT REGULATIONSC. streets, sidewalks and
driVeways
1. StREEt StANDARDS
Bay Vista’s circulation system – streets, sidewalks and
pedestrian paths – is an important element in site
design and providing connectivity on and off-site. The
locations of streets by type are shown in Figure D-1,
Thoroughfare Map. Streets, driveways and sidewalks
shall be constructed using the standards described
below and shown in Figure D-2, Street Sections.
Street Standards shall be in accordance with the
standards of BMC Title 11 with the following additions
and/or revisions:
i. Street Section 1
a Description: Two-lane streets with on-street
parking, sidewalks and trees on both sides. Connects
neighborhoods within Bay Vista.
b. Standards:
(i) Total right-of-way: 45-58 feet
(ii) Travel lane: (2) 8-11 feet wide
(iii) On-street parking (one & two sided): 7 feet wide
(a) On-street parking optional within village
commercial area.
(iv) Sidewalks: 5 feet wide
(v) Planting strips/swale:
(a) Six feet wide (including half-foot curb) on each
side.
(b) Street trees shall be placed every 40 feet (or
equivalent) and shall be 2.5-inch caliper
minimum at time of planting. Recommended
species are identified at the end of Subsection
G "Landscape Standards."
(c) Optional single swale on one side: 11 feet wide
with 6 feet wide sidewalk on opposite side of
street. Option provided to allow flexibility in
storm drainage and streetscape design.
c. Lighting:
(i) Ornamental street lights shall be used per
Section J8.
ii. Street Section 2
a. Description: Two-lane streets with on-street
parking, sidewalks and trees on both sides. Connects
neighborhoods within Bay Vista.
b. Standards:
(i) Total right-of-way: 47-52 feet
(ii) Travel lane: (2) 8-9 feet wide
(iii) On-street parking (one & two sided): 7 feet each
side
(iv) Sidewalks: 5 feet wide
(v) Planting strips/swale:
(a) Six feet wide (including half-foot curb) on each
side
(b) Street trees shall be placed every 40 feet (or
equivalent) and shall be 2.5-inch caliper
minimum at time of planting. Recommended
species are identified at the end of Subsection
G “Landscape Standards."
c. Lighting:
(i) Ornamental street lights shall be used per Section
J8.
iii. Street Section 3
a. Description: A commercial street with two traffic lanes,
on street parking, sidewalks and trees on both sides.
b. Standards:
(i) Total right-of-way: 54 feet
(ii) Travel lanes: (2) 9 feet wide
(iii) On-street parking (both sides): 7 feet each side
(iv) Sidewalks: 5 feet wide
(v) Planting strips:
(a) Six feet wide (including half-foot curb) on one
side
(b) Street trees shall be placed every 40 feet (or
equivalent) and shall be 2.5-inch caliper
minimum at time of planting. Recommended
species are identified at the end of Subsection
G “Landscape Standards.”
iv. Street Section 4
a. Description: A two-lane street with on-street
parking, sidewalks and trees on one side.
b. Standards:
(i) Total right-of-way: 34.5-36.5 feet
(ii) Travel lanes: (2) 8-9 feet wide
(iii) On-street parking (one side): Seven feet wide
(iv) Sidewalk: 5 feet wide
(v) Swale:
(a) Six feet wide (including half-foot curb) on
one side
(b) Street trees shall be placed every 40 feet
(or equivalent) and shall be 2.5-inch
caliper minimum at time of planting.
Recommended species are identified at the
30
November 2012section IV : ZONING & DEVELOPMENT REGULATIONSend of Subsection G “Landscape Standards.”
v. Street Section 5
a. Description: A two-lane street with on-street parking,
sidewalks on both sides and trees on one side.
b. Standards:
(i) Total right-of-way: 46.5 feet
(ii) Travel lanes: (2) 8 feet wide
(iii) On-street parking (both sides): 7 feet wide
(iv) Sidewalk: 5 feet wide
(v) Swale:
(a) Six feet wide (including half-foot curb) on one
side
(b) Street trees shall be placed every 40 feet (or
equivalent) and shall be 2.5-inch caliper
minimum at time of planting. Recommended
species are identified at the end of Subsection
G “Landscape Standards.”
vi. Green/Pedestrian Streets
a. Description: Landscaped pedestrian paths that connect
Bay Vista neighborhoods, parks and services.
b. Standards:
(i) Minimum Width: 8 feet
(ii) Sidewalks: Shall have a maximum width of 4 feet
(iii) Planting strips: Shall have a minimum width of
two feet (both sides)
vii. Alleys
a. Description: Alleys provide access to for private
automobile parking, either in garages or on grade, and
for deliveries and services for specified types of units.
b. Standards:
(i) Total right-of-way (garage face to garage face):
24 feet.
(ii) Travel lane: 14 feet
(iii) Planting strips (both sides): 3 feet
c. Alley entrances shall not be located along streets that
bound on a public green space.
d. The alley entrance should be a minimum of 55 feet
from an intersection measured from the perpendicular
right-of-way line of the cross street.
e. Driveway Entrances
(i) Standards: Private driveways shall only be allowed
when there is no automobile access from an alley.
(ii) Where driveways are allowed, the entrances shall
not be located on streets that border a public
open space along streets that do not front on a
public green space.
(iii) The driveway entrance should be a minimum of
55 feet perpendicular right-of-way line of the
cross street.
(iv) All driveway aprons shall be paved with concrete.
bay vista 31 section IV : ZONING & DEVELOPMENT REGULATIONSd. low imPaCt deVeloPment
1. INCLUSION OF LOW-IMPACt DEVELOPMENt
(LID)
Buildout of the Bay Vista Sub-Area Plan shall
incorporate LID to the greatest feasible extent, while
also recognizing that site, topography, soils and other
conditions may limit the inclusion of LID techniques
for stormwater. The development team shall apply good
faith efforts, explore and seek to include LID measures.
In its review of preliminary plat engineering and
design the City may impose conditions to reasonably
accommodate LID while also recognizing site-specific
limitations. Inclusion of all LID shall fit within the land
use framework established in this Sub-Area Plan.
2. DESIGN
Design of LID techniques such as rain gardens,
pervious pavements etc. shall be in accord with the
design criteria of the Washington State Department
of Ecology's Low Impact Development Technical
Guidance Manual for Puget Sound or the City of
Bremerton Public Works and Utilities Department.
3. FLOW CREDItS
LID techniques are intended to reduce the amount
of stormwater runoff required to be handled with
treatment and conventional flow control facilities. The
City of Bremerton shall grant Flow Credits for all LID
techniques included in Bay Vista. Flow Credits are
reductions to the volume of stormwater runoff the City
requires to be handled with conventionally engineered
facilities. Flow Credits shall be determined per the
modeling methods described in Chapter 7 of the
Washington State Department of Ecology's Low Impact
Development Technical Guidance Manual for Puget
Sound or the City of Bremerton Public Works and
Utilities Department.
e. Parking standards
Intent: Assure that sufficient space is provided for the
parking, loading and unloading of motor vehicles.
Provide minimum and maximum standards of space
and parking arrangements, and for the movement
of motor vehicles into and out of such spaces.
Encourage the creation of an aesthetically pleasing and
functionally adequate system of off street parking and
loading facilities.
Parking shall be provided in accordance with BMC
20.48 with the following exceptions and modifications:
1. GENERAL REQUIREMENtS
i. Off-street parking spaces and driveways shall be used
for the temporary storage of motor vehicles used by
persons visiting or having business to conduct on the
premises for which the parking is provided.
ii. Parking space required and intended for use by
occupants or users of specific premises shall not
be leased or rented to others, nor shall such space
be made unavailable through other means to the
users for whom the parking spaces are intended.
this, however, does not preclude shared parking
arrangements or other activities approved by the city
iii. Except where specifically permitted in certain zoning
designations, off-street parking spaces shall not be
used for loading or unloading of commercial vehicles
larger than those vehicles for which the parking spaces
are intended.
iv. Structured parking, not including private single- and
two-car garages, shall not be allowed with the
exception of the high density apartment parcels.
Structured parking shall be located behind liner
buildings of appropriate allowed uses as described
elsewhere in this document.
v. Off-street parking space dimensions shall be as
follows:
a. Compact spaces shall be a minimum of 7.5 feet wide;
b. Standard spaces shall be a minimum of 8.0 feet wide;
c. Standard spaces shall be a maximum of 10.0 feet wide;
32
November 2012section IV : ZONING & DEVELOPMENT REGULATIONSd. Compact spaces shall be a minimum of 15 feet in length. Standard spaces shall be a minimum of 18.0 feet in length; up to 2.0
feet may overhang curb or wheel stops.
e. Exceptions to the above minimum dimensions shall be granted for handicapped accessible spaces. Applicable state and federal
codes and requirements for accessible parking spaces shall supersede any requirements herein.
vi. Parking and loading areas shall be graded for proper drainage and provided with a suitable surface, as approved by the city
engineer.
vii. All driveways and areas used for loading, parking and maneuvering motorized vehicles shall be paved. Gravel surfaces are
not allowed.
viii. Each parking or loading space must be usable and readily accessible.
ix. Required parking and loading areas shall be provided with designated entrances and exits located so as to minimize traffic
congestion and avoid undue interference with public use of streets, alleys and walkways.
x. Parking and loading areas provided in accordance with the requirements of these standards shall not be used for the sale,
repair, assembly or disassembly, storage or servicing of vehicles or equipment. Unlicensed and inoperable vehicles shall not
be stored in any required parking or loading space.
xi. If existing parking lots are re-striped, the new layout of the parking spaces shall be the same as the previous layout; or if
changed, the changed layout shall conform to the existing dimensional requirements of this chapter.
Automobile Spaces Bicycle Spaces
Land Use Category Minimum Maximum
Residential:
Single Family/Duplex 1:d.u.2:d.u.N/A
Single Family ADU 1:d.u.1:d.u.N/A
Multi-Family 1:d.u.2:d.u.N/A
Apartment 1:d.u.2:d.u.1:10d.u.
Business/Commercial:
Retail 3:1,000 g.s.f.5:1,000 g.s.f.1:5,000 g.s.f.
Offices 3:1,000 g.s.f.5:1,000 g.s.f.1:2,500 g.s.f.
Restaurant 4:1,000 g.s.f. of seating
area
5:1,000 g.s.f. of seating
area
1:500 g.s.f. of seating
area
Medical/Dental 3.5:1,000 g.s.f.5:1,000 g.s.f.1:2,500 g.s.f.
Hotel/Inn 1:room 1.5:room N/A
All Other Commercial
Not Specified
3:1,000 g.s.f.5:1,000 g.s.f.1:2,500 g.s.f.
Educational 2:1,000 g.s.f.4:1,000 g.s.f.1:1,000 g.s.f.
Community Facility 1:1,000 g.s.f.3:1,000 g.s.f.1:1,000 g.s.f.
Table F-1 – Parking Requirements
bay vista 33 section IV : ZONING & DEVELOPMENT REGULATIONS2. COMPACt CAR ALLOWANCE
i. A maximum of 30 percent of the total required off-
street parking stalls may be permitted and designated
for compact cars in Village Commercial.
ii. Each compact stall shall be designated as such.
iii. Dimensions of compact parking stalls shall conform to
the standards as depicted in this chapter.
iv. the maximum compact car allowance may be
exceeded if an applicant submits a vehicle composition
study, relevant to the type of development, which
demonstrates that a greater number of compact
vehicles should be accommodated.
3. BICyCLE PARKING
i. the required minimum number of bicycle parking
spaces for each use category is shown on Table F-1.
Bicycle parking spaces are meant to accommodate
residents, employees, visitors, customers, messengers,
and other persons.
ii. Bicycle parking shall be located on site within 50
feet of well-used entrances and not farther from the
entrance than the closest motor vehicle parking space.
Bicycle parking may be located within city right-of-way
in areas without building setbacks, subject to approval
of the director and provided it meets the other bicycle
parking requirements.
4. OtHER REQUIRED PARKING SPACES
i. Motorcycle Parking Requirements. Motorcycle spaces
shall be required in non-residential areas only at a rate
of 1 per 100 automobile spaces with a minimum of 1
motorcycle space provided.
5. DRIVE-tHROUGH StACKING REQUIREMENtS
i. A stacking space shall be an area measuring 8 feet
by 20 feet with direct forward access to a service
window of a drive-through facility. A stacking
space shall be located to prevent any vehicles from
extending onto the public right-of-way, or interfering
with any pedestrian circulation, traffic maneuvering,
or other required parking areas. Stacking space for
drive-through or drive-in uses may not be counted as
required off-street parking spaces.
ii. For each drive-up lane a minimum of three stacking
spaces shall be provided.
iii. Stacking spaces serving businesses that are located
adjacent to a less intensive zone than that in which the
business is located, or are located adjacent to a public
use area (such as a street, sidewalk, park, or trail)
shall be landscaped to provide a buffer between the
stacking spaces and the adjacent zone or public use.
6. StRUCtURED PARKING
i. Structured parking shall be located behind the block
perimeter buildings. Structured parking may also be
located below buildings.
ii. Structured parking shall be screened, except at the
actual vehicular entry points and shall be screened.
iii. Vehicular and service entries to garages shall be
designed to look like a part of the building.
iv. Parking garages: Parking garages with flat roofs may
not exceed the height of the shortest building on the
block when a flat roof is present on any building on
the block, and parking garages with pitched roofs may
not exceed the height of the shortest building on the
block by more than one story.
7. ON-StREEt PARKING
i. On-street parking shall count as visitor parking. Each
24 feet of curb length, excluding 5 feet on either side
of a curb cut, shall count as one visitor parking space.
34
November 2012section IV : ZONING & DEVELOPMENT REGULATIONSf. landsC aPe standards
Intent: In addition to the significant parks and open
space included in the Sub-Area Plan, the Bay Vista site
will include significant landscaping with retained and
new trees and vegetation. Landscaping will be focused
along streets to enhance the pedestrian environment,
along the site’s boundaries with arterials to provide
screening, and adjacent to the commercial area to
provide land use transitions. In some areas, such as the
Bay Vista Village and Sinclair Square, hardscape and
green features will be mixed.
1. GENERAL DEVELOPMENt StANDARDS
i. Landscaping shall be provided in accordance with BMC
20.50 with the following additions and/revisions:
ii. Landscaping shall be constructed using the standards
described below.
2. PARkS ANd OPEN SPACE
General Requirements: The following types and
amounts of parks and open space will be provided in
Bay Vista:
i. Active Open Space:
a. Approximately 3-5 acres of land should be allocated for
active open space.
ii. Passive Open Space:
a. Approximately 10-11 acres of land should be allocated
for passive open space, with a natural/preservation area
as the central element. A proposed park is leveraged
on these features and will create a sense of arrival from
two edges of the development as well as a view corridor
of the greater Bremerton area.
b. Tree Preservation Open Space:
c. Approximately 3 acres of land should be allocated for
tree preservation, which will protect a large expanse
of second growth trees and a steep slope. This large
forested area will provide an anchor to the natural
environment, a regionally sensitive context for the
neighborhood, and a signature identity for the
community.
d. Public Ways: A network of approximately 30,000
linear feet of sidewalks and paths should be allocated
which will create a pleasant and convenient pedestrian
environment.
3. LOCAtION AND DESIGN OF PARKS & OPEN
SPACE
The general locations of open space are shown on Figure
4, Land Use Plan. The design concept and development
standards for on-site parks are described below.
i. the Bay Vista Preserve will be a large, multi-faceted
green space located in the center of the site. It
will be focused primarily on the preservation and
enhancement of the existing native area with passive
recreation throughout and an area of active recreation
at the south. It should contain the following:
a. Walking paths.
b. Recreation and community space.
c. Defined by the large existing stand of trees and homes
at its perimeter.
d. The north area of the park will be dedicated to the
preservation of native species, the central area will be
a transition and planted with native plant species that
draws the northwest character south. The south area
will be the most active with open lawn accented by
native plant species.
e. Both existing and new native landscape. Existing
areas shall be enhanced through the addition of native
species and the removal of invasive species. The new
areas shall be an opportunity to extend the native area
and provide an area of successional planting.
ii. Periwinkle Park is located on the eastern edge of Bay
Vista, at Oyster Bay Road, and will serve as a multi-
generational, multi-use park. It is intended to be an
expression of the northwest through its layout and
plant material.
4. tREE AND VEGEtAtION PRESERVAtION
REQUIREMENtS
i. Provide a tree survey conducted by an ISA certified
arborist at the time of site plan permit application to
bay vista 35 section IV : ZONING & DEVELOPMENT REGULATIONSSCREENING/BUFFER
BIOSWALE
EXISTING BUILDING
OPEN SPACE
EXISTING LANDSCAPE
TO BE RETAINED & SUPPLEMENTED
FIGURE 5 - LANDSCAPE PLAN
LEGEND
Figure G-1 – Landscape Plan
SECTION 1 (2-Sided Parking)
FIGURE D-1 THOROUGHFARE MAP
LEGEND
SECTION 1 (1-Sided Parking)
SECTION 2 (1-Sided Parking)
SECTION 3 (2-Sided Parking)
SECTION 4 (1-Sided Parking)
Figure D-1 – Thoroughfare Map
36
November 2012section IV : ZONING & DEVELOPMENT REGULATIONS
bay vista 37 section IV : ZONING & DEVELOPMENT REGULATIONSidentify and designate all trees and vegetated areas
located within lots and yards that can reasonably be
retained.
ii. Provide adequate protection for retained vegetation.
iii. Any tree proposed or required to be retained and
which is subsequently lost or destroyed must be
replaced with at least three six-foot trees or one 18-
foot tree or one 12-foot tree plus one six-foot tree of
the same species, located as directed by the architect.
iv. topping or trimming trees in a manner that alters
the natural symmetry of a tree is not allowed unless
necessary for safety reasons as certified by an arborist.
5. PARKING LOt DESIGN & LANDSCAPING
Parking lots shall meet the Parking Lot Design and
Landscaping requirements of BMC 20.48 and 20.50,
with the following changes:
i. Surface parking lots shall be located behind buildings
wherever feasible.
ii. Screening with evergreen plantings shall be provided
for parking lots in the following locations:
a. Any parking lots visible from Kitsap Way, SR 3, or from
internal streets;
b. Parking lots abutting residential/mixed-use uses or
zones;
c. Landscape requirements are one plant unit per twenty
spaces, with a minimum of one island for every ten
spaces.
iv. Where a tree planting island occurs the entire length
of a bay, there shall be a minimum of one tree planting
island every fifteen spaces and a large shade tree
every fifteen spaces in a tree planting island;
v. Where a tree planting island occurs, the entire length
of a bay, the entire length shall be planted with large
shade trees every forty five feet.
6. ADDItIONAL LANDSCAPING REQUIREMENtS
APPLICABLE tO ALL DEVELOPMENt SHALL
INCLUDE tHE FOLLOWING:
i. Maximize privacy between residences and their
private outdoor spaces while encouraging community
interaction in the public realm;
ii. Minimize visibility of utilities and other unsightly
necessities;
iii. Planting on slopes in open space and commercial
areas:
a. On slopes between 4:1 to 2:1 mass plantings of trees
and shrubs are suggested.
b. Slopes over 2:1 require erosion control measure such as
jute matting with ornamental grasses or groundcovers.
v. Neighborhood parks, squares or plazas should be
designed and landscaped to reinforce the civic nature
of these spaces, provide the appropriately scaled
amenities and reflect the anticipated function and
type, and intensity of use.
ix. Plant Selection
a. Planting Materials. A general planting list is included at
the end of this section.
(i) Other plant materials may be considered
that have these characteristics and similar
maintenance requirements;
b. Plants on Sloping Areas:
(i) Plants on slopes shall be selected for their ability
to develop deep roots and thereby knit the soil
into a cohesive mass.
(ii) Plants shall consist of native and adaptive species
that can withstand drought in summer as well as
continually wet soil in winter.
7. IRRIGAtION
i. All irrigation systems, with the exception of residential
systems, shall be designed by a qualified irrigation
designer.
38
November 2012section IV : ZONING & DEVELOPMENT REGULATIONSsuggested plant List
*Indicates native species
DECIDUOUS tREES
Small:
Acer circinatum – Vine Maple*
Acer japonicum – Full Moon Maple
Acer griseum – Paperbark Maple
Acer palmatum – Japanese Maple
Amerlanchier alnifolia – Serviceberry *
Amelanchier var. – Serviceberry varieties
Cornus – ‘Eddie’s White Wonder Dogwood’
Cornus kousa – Kousa Dogwood
Cornus mas – Cornelian Cherry
Cornus nuttallii – Pacific Dogwood *
Corylus cornuta – Western Hazelnut *
Magnolia kobus – Kobus Magnolia
Malus fusca – Western Crabapple *
Malus sp. – Crabapple (some)
Oxydendrum arboreum – Sourwood
Prunus cerasifera var. – Purple Leaf Plum varieties
Prunus virginiana ‘Canada Red’ –
Canada Red Choke Cherry
Stewartia
Styrax japonicus – Japanese Snowbell
Medium:
Acer rufinerve – Redvein Maple
Acer truncatum x platanoides “Warrenred” –
Pacific Sunset Maple
Acer truncatum x platanoides“ Keithsform” – Norwegian
Sunset Maple
Malus sp. – Some Crabapples
Parrotia persica – Persian Parrotia
Pyrus calleryana var. – Flowering Pear Varieties
Prunus sp – Flowering Cherry
Prunus s. ‘Shirotae’ – Shirotae Cherry
Columnar Narrow:
Carpinus betulus pyramidalis – Pyramidal Hornbeam
Fagus sylvatica ‘Cockleshell’ – European Beech
Gingko biloba ‘Princeton Sentry’ – Maidenhair tree
Parrotia persica ‘Vanessa’
Prunus sargenti columnaris – Columnar Sargent Cherry
Pyrus calleryana ‘Glen’s Form’ – Chanticleer Pear
CONIFERS
Abies grandis – Grand Fir *
Abies koreana – Korean Fir
Calocedrus decurrens – Incense Cedar
Chamaecyparis nootkatensis ‘Pacific Arrow’ –
Alaska Cedar
Juniperus scopulorum (var.) –Juniper
Picea omorika – Serbian Spruce
Pinus monticola – Western White Pine *
Pseudotsuga menziesii – Douglas fir *
taxus baccata – yew
thuja plicata ‘Excelsa’ – Western Red *
tsuga heteropylla – Western Hemlock *
SHRUBS
Smaller shrubs and Ground Cover:
Arctostaphylos columbiana – Hairy Manzanita *
Arctostaphylos uva-ursi – Kinnikinnick varieties *
Berberis (var.) – Dwarf Barberry varieties
Camassia quamash – Common Camas *
Fothergilla sp.
Fragaria chiloensis – Sand Strawberry *
Gaultheria shallon – Salal *
Ilex crenata ‘Helleri’ – Helleri Holly
Ilex crenata ‘Green Island’ – Green Island Holly
Linnaea borealis – twin Flower *
Lupinus arcticus – Arctic Lupine *
Lupinus polyphyllus – Large-Leaved Lupine *
Mahonia aquifolium ‘Compacta’-Compact Oregongrape *
Mahonia nervosa – Long Leaf Mahonia *
Oxalis oregano – Redwood Sorrel *
Polystichum munitum – Western Sword Fern *
Potentilla (var.) – Potentilla varieties
Prunus laurocerasus ‘Otto Luyken’ –
Otto Luyken Laurel
Rosa nutkana – Nootka Rose *
Rosa pisocarpa – Cluster Rose *
Spirea douglasii – Hardhack *
Spirea (var.) – Spirea ‘Mt Vernon’
Symphoricarpos albus – Common Snowberry *
trillium ovatum – Western trillium *
Vaccinium ovalifolium – Evergreen Huckleberry *
Vaccinium membranaceum – Black Huckleberry *
Vaccinium parvifolium – Red Huckleberry *
Viburnum davidii – David Viburnum
Viburnum (var.) – Viburnum varieties
Medium/Large:
bay vista 39 section IV : ZONING & DEVELOPMENT REGULATIONSAbelia x grandiflora – Glossy Abelia
Arbutus unedo (compacta) – Strawberry tree
Berberis (var.) – Barberry varieties
Ceanothus velutinus – tobacco Brush
Cornus sericea – Red Osier Dogwood
Enkianthus
Euonymus (var.) – Winged Euonymus varieties
Holodiscus discolor – Oceanspray *
Hydrangea quercifolia – Oakleaf Hydrangea
Hydrangea paniculata – Peegee Hydrangea
Ilex crenata “Convexa” – Convexleaf Holly
Lonicera involucrata – Black twinberry *
Mahonia aquifolium – tall Oregongrape *
Myrica californica – Pacific Wax Myrtle *
Oemleria cerasiformis – Indian Plum *
Osmanthus delavayii – Osmanthus
Osmanthus heterophyllus – Hollyleaf Osmanthus
Osmarea burkwoodi – Burkwood Osmarea
Philadelphus lewisii – Mock Orange *
Physocarpus capitus – Pacific Ninebark *
Prunus lusitanica – Portugese Laurel
Ribes sanguineum – Flowering Red Currant *
Rhododendron macrophylum or R. albiflorum – Western
Rhododendron *
Rhododendron (var.) – Rhododendron
Rubus parviflorus – thimbleberry *
Rubus spectabilis – Salmonberry *
Symphocarpus alba – Snowberry
taxus baccata – Irish yew
Viburnum vars. –Viburnum varieties
HEDGES
Buxus microphylla ‘Winter Gem’ –
Winter Gem Boxwood
Buxus sempervirens.- Common Boxwood
Buxus suffruticosa – true Dwarf Boxwood
Ilex crenata ‘Helleri’ – Helleri Holly
Ilex crenata ‘Green Island’ – Green Island Holly
Ilex crenata ‘Convexa’ – Convexleaf Holly Laurel
Ligustrum japonicum – Japanese Privet
Mahonia aquifolium – Oregongrape *
Osmanthus heterophyllus – Hollyleaf Osmanthus
Prunus laurocerasus ‘Otto Luyken’ Otto Luyken
Prunus lusitanica – Portugese Laurel
taxus sp. – yew species
taxus cuspidata (var.) – yew varieties
thuja occidentalis vars. – Arborvitae varieties
thuja occidentalis ‘Smaragd’ – Emerald Green
Viburnum vars. – Viburnum varieties
GROUNDCOVER
Arctostaphylos uva-ursi – Kinnikinnick varieties
Ceanothus – Wild Lilac
Cotoneaster vars. – Cotoneaster varieties
Evergreen flowering vines
Fragaria vars. – Strawberry varieties
Ivy (non-climbing varieties)
Juniperus (var.) – Juniper varieties
Lawn Grass (Puget Sound turf Grass varieties –
sod or seed
Mahonia nervosa – Longleaf Mahonia *
Mahonia repens – Creeping Mahonia
Ornamental grasses
thymus – thyme
Vinca minor – Periwinkle
ACCENt PLANtING
Annuals
Bulbs
Ornamental grasses
Perennials
40
November 2012section IV : ZONING & DEVELOPMENT REGULATIONSFigure D-2 Street Sections
bay vista 41 section IV : ZONING & DEVELOPMENT REGULATIONSFigure D-2 Street Sections
42
November 2012section IV : ZONING & DEVELOPMENT REGULATIONSFigure D-2 Street Sections
bay vista 43 section IV : ZONING & DEVELOPMENT REGULATIONSFigure D-2 Street Sections
44
November 2012section IV : ZONING & DEVELOPMENT REGULATIONSg. utility eQuiPment &
storage
1. Utilities shall be installed underground to the greatest
extent feasible. Utilities installed above ground shall
be screened from view whenever possible.
2. trash storage areas shall be screened from view, animal
proof, and easily accessible to service personnel. All
trash enclosures shall be screened.
3. Roof and ground- mounted equipment, including HVAC
units, shall be screened from view from any public
street or open space. Satellite dishes and antennas
shall be the smallest possible to receive the signal,
shall be placed in the least conspicuous location, and
screened and painted to match the colors of the
adjacent building as closely as possible.
H. walls, Hedges and fenCes
1. Fence height may not exceed six (6) feet.
2. Front yard fences may not exceed four (4) feet in
height and shall be an ‘open’ style. these must be set
back at least one (1) foot from the back edge of the
sidewalk.
3. the maximum combined height for front yard walls
with fences is four feet, as measured on the downhill
side.
4. Walls or fences on slopes over 15% and visible from
the public areas, shall step with the slope in sections
at a rate of 1 step per each 12 inches of change in
elevation of the adjacent ground, measured parallel to
the fence.
5. Fences defining the front edge of courtyards or
semi-public open spaces associated with cottage
court developments and courtyard buildings shall
be as specified for other front yard fences above.
Articulation of the entry from the street to such open
spaces with decorative gates, trellises and/or arbors is
encouraged.
6. Side yard fences attached to the face of the house
shall be set back between two feet and five feet from
the front face of the house.
7. Side yards setbacks near public areas shall be at least
50% open. Adjacent to any public walkway or other
open space shall not be fenced for more than 50% of
the length of the building's façade.
bay vista 45 section IV : ZONING & DEVELOPMENT REGULATIONSi. exterior ligHting
1. Subtle, low-level lighting of front porches and front
yard landscape areas is encouraged. Light pollution
shall be minimized by selection of proper fixtures.
2. Lighting shall not spill over beyond property lines or
cast glare to surrounding properties.
3. Pole mounted lighting is not permitted inside the
property lines of any detached or attached residential
structures. Pole mounted pedestrian lighting should be
used in the right-of-way.
4. Lighting in garage and utility areas shall not impact
neighboring properties or common areas. Motion
sensitive wall mounted exterior lights are required on all
garage façades facing alleys.
5. Exterior light fixtures should match the architectural
style of the building.
6. Lighting for commercial uses shall be appropriately
shielded so as to not impact adjacent residential areas
or residential units in mixed-use buildings.
7. All street lights should be comprised of ornamental
poles and fixtures conforming to the City's “Standards
for Work in the ROW”; Cobra heads and shoe box
style lighting is prohibited. Preferred lights are 12-14
feet tall. 20 foot tall poles may be utilized at major
intersections.
8. Parking lot lighting shall conform to the standards in
the Village Commercial zone.
9. Porch lights may be compact-fluorescent or
incandescent.
j. sign standards
Intent: These criteria and standards have been
established for the purpose of ensuring that all signage
at Bay Vista is designed and constructed in a manner
which consistently promotes the following:
• Visual harmony between signage and Bay Vista
architecture including adjacent materials and
colors.
• Elegant, yet clear and distinctive identity for each
tenant.
• Visual enhancement of the pedestrian experience.
• Diversity and individuality for each tenant’s
signage while maintaining a consistent size and
quantity through out Bay Vista.
• The use of creativity and high quality materials.
• Thoughtful and creative lighting of signage.
1. GENERAL GUIDELINES
i. Description: All signs and graphics shall be
professionally designed. the lettering and spacing of
letters shall be well proportioned to assure legibility
as well as a pleasing appearance. Shop drawings for
each sign, including colors, dimensions, specifications
and proposed construction materials will be required
criteria for approval of signage by the Architectural
Review Committee. tenant must have written approval
by the Architectural Review Committee prior to
application for the required city sign permits.
ii. Material Preferences: tenant sign design and
construction should match the materials used on the
exterior of the building.
iii. Lighting: Signs may be internally or externally
illuminated. Halo or other indirect lighting is
encouraged. Exposed neon or bulbs are not allowed.
Indirect lighting must be baffled or shielded to reduce
blare in the eyes of pedestrians.
iv. Standards: Sign standards shall be in accordance with
BMC 20.52, with the exceptions and modifications
contained in these sign standards. traffic control
signs shall conform to the “Manual of Uniform traffic
Control Devices.”
46
November 2012section IV : ZONING & DEVELOPMENT REGULATIONS2. SIGNS AND SIGN COMPONENtS NOt
PERMIttED
i. the following signs and sign components are not
permitted:
a. Moving, flashing, rotating, noise making or odor
producing signs. Electronic message displays are not
permitted.
b. “Human A-boards”
c. Signs taped or glued to interior window.
d. The name, stamps or decals of the sign manufacturer
cannot be displayed on any portion of the sign.
Underwriters Laboratories labels shall be applied in an
inconspicuous manner.
e. Non-ornamental hardware or electrical components
may not be exposed to view.
f. Back-lit awnings, including those with signage, are not
permitted.
3. SIGNAGE SUBMIttAL AND APPROVAL
PROCESS
i. Prior to construction of any sign or application for city
sign permits, the building owner, tenant or tenant’s
sign contractor must obtain the Architectural Review
Committee’s written approval of the proposed sign
design. the process shall be as follows:
a. Tenant to submit completed sign application along with
required drawings to Architectural Review Committee.
b. Architectural Review Committee to review designs
and either approve, approve with corrections, or deny
application within 10 days of receipt by Architectural
Review Committee.
c. If application denied, tenant to review reasons for
denial and then change their application and re-submit
a new application to Architectural Review Committee.
d. Once approval is granted by Architectural Review
Committee, tenant may then submit a sign application
to the City of Bremerton.
ii. Failure to comply with the above process may result
in the removal of signage by Architectural Review
Committee at tenant’s sole expense, provided
Architectural Review Committee will issue notice to
tenant/Building Owner of the failure to comply at
least 30 days prior to Architectural Review Committee
removal to allow tenant/Building Owner time to cure
problem and comply.
4. BAy VIStA SIGN CAtEGORIES DEFINED
i. Signs or signage requested by a retail tenant or
building owner within Bay Vista shall fall into one of
the categories listed below. In order to determine
the applicable category, read the definitions and
standards in these regulations (by type and category).
Architectural Review Committee will make final
determination in the event of any still un-definable
categories.
ii. Single Occupant Retail Signage Category: Single
Occupant Retail Signage Category defined as signage
needed by a retail tenant who occupies a building on
a legal lot specific to that building, with no more than
one retail establishment utilizing said building.
iii. In-line Retail Signage Category: In-line Retail Signage
Category, defined as signage needed by retail tenants
who occupy a space within the Village which is
physically adjacent to, or sharing demising walls with,
neighboring tenants.
iv. Residential Signage Category: Residential Signage
Category defined as signage needed by residential
neighborhood, buildings, or group of buildings
including multiple residences (for rent or sale) which
were built in a coherent manner by a single entity on
one or more lots.
v. Bay Vista Village Identification & Directional Signage
Category: Bay Vista Village Identification & Directional
Signage Category defined as Bay Vista Village-specific
signage that is intended to identify the overall Bay
Vista Village development or facilitate the orientation
of pedestrian or automobile traffic throughout the Bay
Vista Village to specific tenants or buildings.
5. SINGLE OCCUPANt REtAIL SIGNAGE
CAtEGORy: SIGNAGE RULES
i. Freestanding Signs: Allowed for parcels that abut
Hwy 3 per 20.52.100. Not permitted for all other
parcels. Parking lot directional signage allowed and
must be solely intended to direct parking lot traffic
and may not exceed six square feet, and may not
have any business identification or emblems. In some
bay vista 47 section IV : ZONING & DEVELOPMENT REGULATIONScases, at Architectural Review Committee’s discretion,
Single Occupant Retail tenants may be eligible for
identification on certain type “B” and type “C” Bay
Vista Village monument signs.
a. Building Signs:
(i) Internally or externally illuminated building
signage allowed. Halo-lit metal signs are
encouraged.
(ii) One building sign allowed per building elevation
visible from street or right of way (public or
private) and parking lot.
(iii) Cumulative allowed sign areas for each Single
Occupant Retail Building within Bay Vista
Village shall not exceed 10% of the wall plane
area the sign is mounted to. Note: square footage
shall be measured by boxing individual letters
and symbols, maximum 100 square feet.
b. Blade Signs: Blade signs are to be designed and
constructed using the following criteria. As with all
signs, blade signs must be approved by Architectural
Review Committee prior to submitting an application
to the city.
(i) Size: Blade signs are to be a maximum of 24
inches high x 36 inches wide in size and a
minimum of 1 inch thick with a maximum of
2 inches in thickness for the background panel.
Raised graphics may be a maximum of .5 inch
thick for an overall maximum thickness of three
inches.
(ii) Quantity: Tenants with one street frontage are
allowed one blade sign. Tenants located on a
corner are allowed one blade sign per street
frontage (public or private).
(iii) Custom shapes other than a rectangle or square
are encouraged.
(iv) Lettering and graphics should be raised/
dimensional. Flat vinyl graphics are heavily
discouraged.
(v) Blade signs are to be installed on custom metal
brackets/hangers. In an attempt to promote
individuality for each tenant, there will be no
common bracket for blade signs. Tenants are
encouraged to be creative in their design and
fabrication of this element.
(vi) The minimum clearance for blade signs is 8 feet
from grade to bottom of sign.
(vii) Placement of blade sign in most cases should be
directly over the primary entrance to the Tenant
space or centered along tenant frontage, if two or
more tenants share an entrance.
(viii) Blade sign material shall be a high quality
material such as wood, metal or glass.
Architectural Review Committee will be the sole
judge as to the acceptability of materials and
designs.
(ix) Illumination. Lighting of the Tenant’s blade
sign is allowed. The Architectural Review
Committee shall approve the lighting design
before installation of such lighting. Electricity
for spotlighting must come from Tenant’s space
and the lighting must be installed by a licensed
electrical contractor. External lighting must be
baffled or shielded to reduce glare in the eyes of
pedestrians.
c. Window Lettering: Window lettering must meet the
following criteria:
(i) All lettering is to be professionally painted
or applied vinyl directly on the inside of the
storefront glass door.
(ii) The logo and name of the store may be
represented by letters up to a maximum height of
6 inches.
(iii) Store hours on the entry door are encouraged.
(iv) If Tenant has a non-customer door for receiving
merchandise, the Tenant’s name and address,
number only, may be applied on the door. The
letter height is to be 2 inches high, Helvetica
Light font made of white vinyl applied at 5-feet,
6-inches above bottom edge of door. Where more
than one tenant uses the same door, each name
and address shall be applied.
6. IN-LINE REtAIL SIGNAGE CAtEGORy:
SIGNAGE RULES
i. Freestanding Signs: Not permitted.
ii. Building Signs
a. Internally or externally illuminated building signage
allowed. Halo-lit metal signs are encouraged.
b. One building sign allowed per Tenant visible from
street or right of way (public or private) and parking lot.
c. When calculating allowed area of building signage for
in-line retailers the following criteria apply:
(i) Width of sign may be no more than two thirds
the width of the elevation to the Tenant space to
which sign will be attached.
(ii) The maximum letter height shall be 18 inches,
and logos or emblems may be no larger than 30
inches in height. If two lines of copy are used, the
combined height of both rows may be no larger
48
November 2012section IV : ZONING & DEVELOPMENT REGULATIONSthan 28 inches.
(iii) Cumulative allowed sign areas for each in-line
retail tenant within Bay Vista Village are as
follows: 8% of wall plane the sign is mounted
to, not to exceed 50 square feet. Note: Square
footage measured by boxing individual letters
and symbols.
iii. Blade Signs: Blade signs will be required for Bay Vista
Village In-line Retail tenants. Blade signs are to be
designed and constructed using the following criteria.
As with all signs, blade signs must be approved by
Architectural Review Committee prior to submitting an
application to the city.
a. Size: Blade signs are to be a maximum of 24 inches
high x 42 inches wide in size and a minimum of 1 inch
thick with a maximum of 2 inches in thickness for the
background panel. Raised graphics may be a maximum
of .5 inch thick for an overall maximum thickness of 3
inches.
b. Quantity: Tenants with one street or plaza frontage are
allowed one blade sign. Tenants located on a corner
are allowed one blade sign per street or plaza frontage
(public or private).
c. Custom shapes other than rectangle or square are
encouraged.
d. Lettering and graphics should be raised/dimensional.
Flat vinyl graphics are discouraged.
e. Blade signs are to be installed on custom metal
brackets/hangers. In an attempt to promote
individuality for each tenant, there will be no common
bracket for blade signs. Tenants are encouraged to be
creative in their design and fabrication of this element.
f. The minimum clearance for blade signs is 8 feet from
grade to bottom of sign.
g. Placement of blade sign in most cases shall be directly
over the primary entrance to the Tenant space or
centered along tenant frontage if two or more tenants
share an entrance.
h. Blade sign material shall be a high quality material
such as wood, metal or glass. Architectural Review
Committee will be sole judge as to the acceptability of
materials and designs.
i. Illumination. Lighting of the Tenant’s blade sign is
allowed. The Architectural Review Committee shall
approve the lighting design before installation of such
lighting. Electricity for spotlighting must come from
Tenant’s space and the lighting must be installed by a
licensed electrical contractor. External lighting must
be baffled or shielded to reduce glare in the eyes of
pedestrians.
iv. Window Lettering
a. All lettering is to be professionally painted or applied
vinyl directly on the inside of the storefront glass door.
Gold or silver leaf is encouraged.
b. The logo and name of the store may be represented by
letters up to a maximum height of 3 inches.
c. Store hours on the entry door are encouraged. The
store hours lettering may not exceed 9 inches high x 12
inches wide.
d. If Tenant has a non-customer door for receiving
merchandise, the Tenant’s name and address, number
only, may be applied on the door. The letter height is
to be 2 inches high, Helvetica Light font made of white
vinyl applied at 5 feet, 6 inches above bottom edge of
door. Where more than one tenant uses the same door,
each name and address shall be applied.
7. RESIDENtIAL SIGNAGE CAtEGORy: SIGNAGE
RULES
i. Freestanding Signs: One freestanding neighborhood
identification sign is permitted at each entrance to
a residential neighborhood or as allowed by BMC
20.52. Halo or indirect illumination is allowed. Parking
lot directional signage allowed and must be solely
intended to direct parking lot traffic.
ii. Building Signs: the following rules for residential
building signs apply: (Note: Square footage shall be
measured by boxing individual letters and symbols.)
a. Building signs may be substituted for freestanding signs.
b. Halo or indirect illumination is allowed.
iii. Size
a. Standard allowance to be 20 square feet per sign.
bay vista 49 section IV : ZONING & DEVELOPMENT REGULATIONSb. 30 square feet per sign: to be allowed if the following
materials are used: brass, copper, chrome, brushed or
polished aluminum, stainless steel, etched glass, stone,
gold or silver leaf, porcelain and hardwoods.
iv. Blade Signs: Blade signs are allowed at residential
amenity space entryways or leasing and sales offices.
Blade signs are to be designed and constructed using
the following criteria. As with all signs, blade signs
must be approved by Architectural Review Committee
prior to construction.
a. Size: Blade signs may be a maximum of 24 inches
high x 36 inches wide in size and a minimum of 1 inch
thick with a maximum of 2 inches in thickness for the
background panel. Raised graphics may be a maximum
of .5 inch thick for an overall maximum thickness of 3
inches.
b. Quantity: Tenants with one street frontage are allowed
one blade sign. Tenants located on a corner are allowed
one blade sign per street frontage (public or private).
c. Custom shapes other than rectangle or square are
encouraged.
d. Lettering and graphics should be raised/dimensional.
Flat vinyl graphics are heavily discouraged.
e. Blade signs are to be installed on custom metal
brackets/hangers. In an attempt to promote
individuality for each tenant, there shall be no common
bracket for blade signs. Tenants are encouraged to be
creative in their design and fabrication of this element.
f. The minimum clearance for blade signs is 8 feet from
grade to bottom of sign.
g. Placement of blade sign in most cases shall be directly
over the primary entrance to the Tenant space or
centered along tenant frontage if two or more tenants
share an entrance.
h. Blade sign material shall be a high quality material
such as wood, metal or glass. Architectural Review
Committee will be sole judge as to the acceptability
of materials and designs.i. Illumination.
Lighting of the Tenant’s blade sign is allowed. The
Architectural Review Committee shall approve the
lighting design before installation of such lighting.
Electricity for spotlighting must come from Tenant’s
space and the lighting must be installed by a licensed
electrical contractor. External lighting must be baffled
or shielded to reduce glare in the eyes of pedestrians.
v. Window Lettering
a. All lettering is to be professionally painted or applied
vinyl directly on the inside of the storefront glass door.
Gold or silver leaf is encouraged.
b. The logo and name of the store may be represented by
letters up to a maximum height of 3 inches.
c. Store hours on the entry door are encouraged. The
store hours lettering may not exceed 9 inches high x 12
inches wide.
d. If Tenant has a non-customer door for receiving
merchandise, the Tenant’s name and address, number
only, may be applied on the door. The letter height is
to be 2” high, Helvetica Light font made of white vinyl
applied at 5 feet, 6 inches above bottom edge of door.
Where more than one tenant uses the same door, each
name and address shall be applied.
8. BAy VIStA VILLAGE IDENtIFICAtION AND
DIRECtIONAL SIGNAGE
i. Primary Bay Vista Village Identification Monument
Signs: Bay Vista Village may have up to three primary
identification freestanding monument signs (entrance
and portal) and may share one primary identification
freestanding monument sign (portal) with the
residential community. Maximum size shall be 100
square feet.
ii. Secondary Identification Monument Signs: Bay Vista
Village may have up to four Secondary Identification
Monument Signs, one per building. Maximum size
shall be forty square feet.
iii. Directional tenant/Building Owner Signs: Bay Vista
Village may have freestanding and/or wall directional
signs as needed to help pedestrian and automobile
traffic locate various retail tenants and building
owners within the Village. the style of these signs is to
be consistent with primary and secondary monument
signs. Maximum size shall be six square feet.
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November 2012section IV : ZONING & DEVELOPMENT REGULATIONSk. glossary
Definition of terms shall be in accordance with the
definitions of the BMC with the following additions
and/or revisions.
ARCADE – A colonnade with arched openings.
BLADE SIGNAGE – A vertically oriented sign hung from,
and perpendicular to, a facade so that it may be read by
pedestrians on the sidewalk.
BLOCK – A unit of land bounded by streets on all sides.
BUILDING HEIGHt – The distance from the average
finish grade at the façade to the highest point of a flat
roof, or midpoint of the slope on a pitched roof.
CHEEKWALL – The side wall of a flight of stairs or steps.
COLONNAdE – A covered passage way supported by
column, and lintels open to the street with rectangular
openings.
COURtyARD – A courtyard is a space defined by a
single building or multiple buildings on at least two
sides, and a fence or building or other well-defined
edge on all other sides.
DOOR-yARD – The area between the setback and the
public sidewalk. Planting, porches, lead walks, stoops
and fence occurs within this area.
FOOtPRINt – The footprint is an outline showing the
extent to which a home, building, or other architectural
element covers the lot on the ground level.
FRONtAGE OCCUPANCy – The minimum amount of
primary façade that must be built along a setback.
FURNISHING ZONE – A continuous zone extending
the entire length of commercial and mixed-use streets
parallel to the street and delineated from the back of
curb, having a consistent width that is identified for
the placement of permanent elements such as street
trees, tree pits, tree grates, street lights, trash cans and
benches. Moveable tables and chairs are not prohibited
from this zone.
GARDEN WALL – A wall that separates a courtyard,
front yard, or service area from the street in order to
screen private activities from the public realm. Garden
Walls are independent walls over four (4) feet high.
LEAD WALK – Pavement that is intended for pedestrian
travel to and from a building entryway, courtyard and
the sidewalk.
LIVE-WORK – A live-work building/unit is one in
which the bottom floor is designed for commercial
uses and the space above is designed for, and occupied
by, residential uses. It is also designed such that the
attached residential unit could have direct access to
the commercial space if the residential occupant were
also the commercial tenant or commercial business
owner, but can be secured (prohibiting access from the
above residential unit to the commercial space below)
if resident is not the commercial tenant or commercial
business owner.
LOGGIA – Similar to a porch, a loggia is a covered
exterior space, but one that is set inside or recessed
into a facade (as opposed to a porch which protrudes
or extends beyond the facade of a building.
MIxED-USE BUILDING – A building with two or more
uses having a different use on the ground floor (e.g.,
retail on the ground floor and residential above).
OPEN SPACE – An area that is intended to provide light,
air, and/or views or general appearance of openness,
and is designed for scenic, recreational, private, or
environmental purposes.
PAIRED FACADES – Two facades next to each other,
sitting in front of an open space composed with the
same or a complimentary architectural design and
character.
RESIDENtIAL MIxED-USE BUILDING – A mixed-use
building that requires residential use on the second
and higher floors.
PORCH – A porch is a covered, platform raised above
the surrounding ground providing a transition from
the public to private realms and entry into usually a
single dwelling unit but, on occasion, multiple dwelling
units.
bay vista 51 section IV : ZONING & DEVELOPMENT REGULATIONSPRIMARy FACADE – All elevations (Front and Side )
that are parallel to, or are clearly visible from a street.
SCREENING – A natural or constructed barrier
consisting of any landscaping, fencing, or other barrier
intended to block a view.
SECONDARy FAÇADE – All elevations that are not
defined as a primary façade.
SEt PIECE FAÇADE – A primary facade in a prominent
location that should be designed as a focal element
with a greater amount of detail than the surrounding
buildings.
StOOP – A raised, covered or non-covered, projecting
stairway that connects a building's porch or entryway
to the ground usually at the front yard a building.
StREEt FRONtAGE – The building or house facade
running parallel to a public street or private street.
StREEt WALL & FENCE – The street wall, or street face,
is the visual three-dimensional wall that is formed by,
and composed of, the primary facades located along
the build-to line.
tHRESHOLD – A passageway enclosed by buildings on
both sides and above by building or other architectural
elements, that one moves through to enter a space or
street.
tOWER ELEMENtS – An integrated, architectural
element that extends above the roof line that may be
used for signage/advertisement per approval of the Bay
Vista Architectural Review Committee.
VISItABLE DWELLING UNIt & VISItABLE ENtRIES –
A visitable dwelling unit includes at least one zero-step
entry, located at either the front or back of a unit,
with a minimum 3-foot wide entry door and includes,
among other things, 3-foot passage doors throughout
the ground floor of the entire unit. A visitable entry is a
zero-step entry to a dwelling unit.
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November 2012section IV : ZONING & DEVELOPMENT REGULATIONSl. design intent
The intent of the Bremerton Housing Authority’s
Master Plan for the Bay Vista site is to have the
community follow the principles of traditional
neighborhood design. Early in the last century,
communities were much more pedestrian-friendly and
socially connected. In a traditional neighborhood, one
will see residential and commercial uses mixed, or in
close proximity to each other. Newer communities,
however, have segregated these uses, requiring
residents to use their automobiles to do anything
outside of their homes. The goal at Bay Vista is to
encourage resident interaction by making the streets
and buildings as pedestrian-oriented as possible, and
to provide mixed uses that allow residents to walk
down the street to purchase some basic needs, rather
than leaving the community and driving to a retail
destination for every need.
The look and feel of the community should enhance
the pedestrian experience, and the design concept of
a varied and interesting village that has evolved and
built up over time is a design objective. Large buildings
should be designed such that their facades have the
appearance of several smaller buildings, using varied
colors and materials and modulation, to reduce their
apparent scale. Houses and individual townhouse
units should be designed to appear as unique buildings
grouped together, rather than repetitions of the same
façade.
Commercial and retail buildings should enhance
the window shopping experience, and create a
sense of liveliness and quality through the use of
varying materials, colors, signage and awnings.
Commercial streets should contribute to this effect
with enhanced paving materials and the use of street
trees, street furnishings and pedestrian-scaled lighting.
Commercial and mixed-use buildings should have a
timeless character, and a northwestern look and feel.
This section will work in tandem with Section IV
Zoning and Development Standards. The Design
Standards are not City regulations, but will be adopted
as Covenants, Conditions, & restrictions (CC&R's)
applicable to all property within Bay Vista. The Bay
Vista Architectural Review Committee (ARC) will
be responsible for their enforcement. The ARC will
review all building and related applications before
they are submitted to the City to ensure compliance
with these standards (details are available through the
Architectural Review Committee).