HomeMy WebLinkAbout5222 ORDINANCE NO. 5222
AN ORDINANCE of the City Council of the City
of Bremerton, Washington, making amendments to the
Zoning Code - BMC Title 20, to increase the SEPA
threshold exemptions, modify drive- through requirements,
and adjust front yard setback requirements for commercial
properties
WHEREAS, the City Council adopted Ordinance 4950 on November 30,
2005 establishing a new Zoning Code, and
WHEREAS, through practical use and application of the Zoning Code the
need for modification has been identified, and
WHEREAS, the City of Bremerton has established a procedure for
amending the Zoning Code in Title 20 18 020 (d) of the Bremerton Municipal Code
(BMC), which requires amendments to the Zoning Code to be both consistent with the
goals and policies of the Comprehensive Plan and to be consistent with other applicable
rules and regulations, and
WHEREAS, these amendments are consistent with the City's
Comprehensive Plan, County Wide Planning Policies, The State Growth Management
Act, and other applicable regulations and ordinances, and
WHEREAS, on April 16, 2013 the Planning Commission conducted a
workshop on the proposed amendments, and
WHEREAS, on June 28, 2013 the proposed Zoning Code amendments
were circulated to the State Agencies for the requisite 60 -day review and comment period
and the City received conformation on July 1, 2013 that the notice was received, and
WHEREAS, on June 28, 2013 a SEPA DNS was issued for the proposed
action with an administrative appeal deadline of July 15, 2013 and no appeals were filed,
and
WHEREAS, on July 1, 2013 the public was notified by a legal
advertisement in the Kitsap Sun of the opportunity to make comment and participate in
the public hearing held by the Planning Commission, and
WHEREAS, on July 16, 2013 the Planning Commission conducted a
public hearing on the Zoning Code amendments and formulated a recommendation to
forward the amendments for City Council consideration, and
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Zoning Code Amendments
WHEREAS, on August 24 ,2013 the public was notified by a legal
advertisement in the Kitsap Sun of the opportunity to make comment and participate in
the public hearing by the City Council, and
WHEREAS, on September 4, 2013 the City Council conducted a public
hearing and considered all testimony prior to their decision
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF
BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS
SECTION 1. The findings and conclusions adopted by the Planning
Commission attached hereto as Exhibit A are adopted and incorporated as if set forth
fully herein
SECTION 2. Section 20 04 100 of the Bremerton Municipal Code
entitled "Use of Categorical Exemptions" is hereby amended by adding a new subsection
as follows
20.04.100 USE OF CATEGORICAL EXEMPTIONS
(a) Whenever a department within the City receives an application for a
license or, in the case of governmental proposals, the department within the City initiates
the proposal, the Planning Department shall determine whether the license and/or the
proposal is exempt The Planning Department's determination that a proposal is exempt
shall be final and not subject to administrative review If a proposal is exempt, none of
the procedural requirements of this chapter apply to the proposal The City shall not
require completion of an environmental checklist for an exempt proposal
(b) In determining whether or not a proposal is exempt, the Planning
Department shall make certain that the proposal is properly defined, and shall identify the
governmental licenses required (WAC 197 -11 -060) If a proposal includes exempt and
nonexempt actions, the Planning Department shall determine the lead agency even if the
license application that triggers the Department's consideration is exempt
(c) If a proposal includes both exempt and nonexempt actions, the City may
authorize exempt actions prior to compliance with the procedural requirements of this
chapter, except that
(1) The City shall not give authorization for
(i) Any nonexempt action,
(u) Any action that would have an adverse environmental
impact, or
(iii) Any action that would limit the choice of alternatives
(2) The responsible official may withhold approval of an exempt
action that would lead to modification of the physical environment, when such
modification would serve no purpose if nonexempt action(s) were not approved, and
(3) The responsible official may withhold approval of exempt actions
that would lead to substantial financial expenditures by a private applicant when the
expenditures would serve no purpose if nonexempt action(s) were not approved
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Zoning Code Amendments
() Threshold levels for categorical exemptions Pursuant to WAC 197 -11-
800(1 (c) and (l )(d), cities may adopt raised levels of threshold exemptions for certain
types of actions, except as provided in WAC 197 -11 -305 and 197 -11- 800(1 )(a) As
authorized pursuant to WAC 197- 11 -800(l )(c) and (1)(d) the following threshold
exemptions are adopted
(1) The construction or location of 30 or fewer single family
residential units
(2) The construction or location of 60 or fewer multifamily residential
units
(3) The construction of an office, school, commercial, recreational,
service or storage building with 30,000 square feet of gross floor area, and with
associated parking facilities designed for 90 parking_ spaces,
(4) The construction of a parking facility designed for 90 parking
sspaces,
(5) Any landfill or excavation of 1,000 cubic yards throughout the
lifetime of the fill or excavation, and any fill or excavation classified as Class I, II, or III
forest practice under RCW 76 09 050 or regulations thereunder
SECTION 3. Section 20 42 040 of the Bremerton Municipal Code
entitled "Definitions" is hereby amended as follows by amending the definition of
"Drive- through facility," deleting the definition of "Drive- through lanes," and adding the
definition of "Stacking Lane" as follows
20.42.040 DEFINITIONS
"Drive- through facility" means an automobile - oriented component of a
permitted use that includes both service window(s) and a stacking lane fae+Wy designed
primarily for drive - through trade, and which provides service and caters to patrons while
in their motor vehicles
tFansaetiefis with eustemers served in their- motor vehieles This does not inelude-gas
(See BMC 20 44 120)
"Drive through lanes" means a seeondar-y or- anefflar-y dnve up serviee a
business that is pFtfnanly emented to walk in or- sit down eaustemer-s The business fnes
eendurat a majenty of tFafisaettefis with wa& in or- sit down eustefner-s (See also BMG
"Stacking Lane" means a designated driving lane provided for vehicles waiting
for, receiving, and exiting after receiving a service at a drive up window from a permitted
use The lane is physically separated from other traffic and pedestrian circulation on the
property and includes adequate area for cars to wait for service
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Zoning Code Amendments
SECTION 4. Section 20 44 120 in the Bremerton Municipal Code
entitled "Ancillary Drive- Through Lanes" is hereby amended as follows
20.44.120 ANCI LLARY DRIVE-THROUGH FACILITIES S.
Aiietllai7 dnve - thfeiagh lanes as define i BMC 20 42 019 may be periitted�
eenjunetten wA an allowable pfineipal use, unless dnve- dwough lanes are expfes*
prohibited in the zone distnet
(a )Applicability Drive- through facilities are an accessory to a principal use
of a structure and therefore are only allowed when found in association with a permitted
use Drive- through facilities are expressly prohibited in some zoning districts regardless
of the principal use
(1) Exception While eg nerally prohibited within the NCC and DCC
zones drive - through facilities may be permitted in the following areas reas provided the
business has direct vehicular access from either Wheaton Way or Kitsap Way
(I) Properties zoned Neighborhood Center Core (NCC ) that
are within the Oyster BM Neighborhood Center, and
(11) Properties within the Wheaton Riddell Sub -Area Plan
(2) Drive- through facilities standards within this section apply to the
construction of new drive - through facilities, the addition of a drive- through facility to
existing developments, and/or the relocation of an existing drive- through facility onsite
(b) Site Design Requirements All drive- through facilities shall comply with
the following requirements
( 1) Location All efforts should be taken to locate the drive- through
facility towards the side and or rear of buildings Drive- through facilities shall not be
located between the building and the street frontage except in the following
circumstances
6) Primary Frontage A drive-through facility may be placed
between a building and the street frontage only when all other site designs have been
exhausted and are deemed unworkable by the Director The drive-through facility shall
be fully screened from view of the fronting street through the use of features such as
sight-obscuring fencing, encing, walls, trellises, and landscaping,
(ii) Secondary Frontage When a site contains more than one
street frontage the drive-through facility may be located between the building and
secondary frontage only when all other site designs have been exhausted and found
unworkable Screening from the secondary frontage is encouraged, but not required
(2) Stacking All drive- through facilities shall include a stacking lane
that provides room for a minimum of four (4) cars to line up behind the drive- throuli
window For restaurant/food/drink uses the stacking lane shall provide room for a
minimum of six (6 ) cars
(3) Design The drive -throw lane(s) shall be designed as a dedicated
lane, physically separated from parking areas and internal parking circulation aisles in
order to enhance pedestrian safety and provide screening from adjacent properties, an d
right- of -way _A combination of the two of following shall be provided adjacent to the
drive -throw lane (s)
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Zoning Code Amendments
6) Landscaped strips, islands, or berms that are a minimum of
three (3) feet wide and fifty (50) square feet in size are required in addition to all other
required landscaping areas Said landscaped areas shall include a mix of ground covers
and shrubs that act as a barrier between the drive - through lane and adjacent properties,
right-of-way, and parking area,
60 Hedges, decorative walls, fencing, or trellis that act as a
visual barrier between the drive-through lanes and adjacent properties right-of-way and
parking areas,
(iii) Decorative pavement, alternative materials (bricks,
stamped concrete), or other durable ground treatment that clearly separates the drive -
through lane(s) from other driving and parking areas onsite that will withstand heavy
traffic conditions found in association with drive- through lanes Paint stnpmg does not
meet this requirement
(4) Signage
6) Each ordering location shall have a maximum of one menu
board One additional menu board may be placed adjacent to the stacking lane for
patrons waiting behind the ordering station Each menu board sign shall not exceed thirty
(30) square feet and have a maximum height of seven (7) feet
iii) Menu boards shall be located in a landscaped strip or island
no smaller than three (3) feet wide and fifty (50 )square feet in total size This
landscaping area shall be in addition to all other required landscaping The menu
board(s) shall be oriented away from public streets and be intended for viewing by drive -
through patrons only Screening of the menu board may be required when the board is
located adjacent to the nght -of -way or neighboring properties Screening shall ensure the
board is not readable from the surrounding properties or street
(5) Pedestrian features In order to enhance safe pedestrian access
designated walkways from all onsite parking areas and from the public sidewalk to a
building entry, shall be provided as follows
(1) Walkways shall be a minimum five (5) feet in width
clearly marked and easily distinguished from driving surfaces by using a combination of
landscaping strips or islands that delineate the pedestrian walkways and
(ii) Walkways shall include at least one of the following
treatments decorative paving stamped/stamed concrete or raised walkways with
alternative materials (such as brick cobblestone and decorative pavers) to clearly
indicate the safe walking route Walkways through heavy traffic areas such as the drive -
through must be made of durable materials able to withstand heavy traffic conditions
SECTION 5. Section 20 48 260 in the Bremerton Municipal Code
entitled "Drive- Through Stacking Requirements" is hereby amended as follows
20.48.260 DRIVE - THROUGH STACKING REQUIREMENTS.
Drive - through stacking requirements can be found in Chapter 1 ' ' BMC
20 44 120
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Zoning Code Amendments
SECTION 6. Subsection 20 62 060(a) in the Bremerton Municipal Code
entitled "Development Standards" within the Commercial Corridor Zone is hereby
amended as follows
20.62.060 DEVELOPMENT STANDARDS.
(a) Lot development shall be in accordance with the following standards,
unless allowed for otherwise by law
(1) Maximum front yard setback Tenfwe (10-5) feet At least sixty -
five (65) percent of the building's front facade must meet the maximum front yard
setback The setback may be increased if the Director finds that such increase is the
minimum necessary to facilitate a superior site design In order to obtain approval for an
increased setback, the applicant shall submit a written analysis establishing how the
project facilitates supenor site design is the minimum necessary is consistent with
specific goals and policies within the Comprehensive Plan and is compliant with all
applicable sections of the BMC The following list identifies examples of circumstances
where increased setbacks may be found to be appropriate
6) When the site includes more than one (1) street frontage
(ii) To accommodate existing topography, utilities or other
physical site constraints that make compliance with the setback infeasible
610 To accommodate phasing of mfill development
(iv) On sites that are significantly developed with existing
legally established nonconforming uses or structures whereby strict code compliance will
not facilitate effective circulation, or
(v) For projects that in the opinion of the Director provide
enhanced public amenities within the setback area which includes but is not limited to
the following public plazas increased landscaping, architectural features improved
pedestrian connections
(2) Minimum side yard setback zero (0) except when adjacent to the low
density residential zone (R -10) where a ten (10) to twenty (20) foot visual screen is
required pursuant to BMC 20 50 050(b)
(3) Minimum rear yard setback zero (0), except when adjacent to the low
density residential zone (R -10) where a ten (10) to twenty (20) foot visual screen is
required pursuant to BMC 20 50 050(b)
(4) No maximum density for secondary residential uses
(5) Maximum building coverage fifty (50) percent unless increased per
subsection (b) of this section In no case shall maximum lot coverage exceed seventy -five
(75) percent
(6) Maximum development coverage is seventy -five (75) percent unless
increased per subsection (b) of this section In no case shall maximum lot coverage
exceed ninety -five (95) percent
(7) Maximum height forty -five (45) feet, except that structures within one
hundred (100) feet of the low density residential (R -10) zone shall not exceed thirty -five
(35) feet in height
(8) Maximum building heights within the downtown regional center are
pursuant to the Downtown Subarea Plan and shall supersede subsection (a)(7) of this
section
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Zoning Code Amendments
SECTION 7 Section 20 62 080 in the Bremerton Municipal Code
entitled "Parking Requirements" within the Commercial Corridor Zone is hereby
amended as follows
20.62.080 PARKING REQUIREMENTS.
On -site parking shall be provided in accordance with Chapter 20 48 BMC, and the
following standards shall be met
(a) On -site parking shall be to the rear or to the side of buildings on the site
and shall not occupy more than fifty (50) percent of the site frontage facing the arterial
street frontages) The site frontage includes all of the area between theright-of-way and
front building wall which applies to the entire length of the property regardless of
building width Corner lots have two (2) site frontages as they are positioned on two (2)
street frontages
(b) All efforts shall be taken to avoid ins tallmg Pparkmg sha4l not be plaeed
on street corners Parking located between the building frontage and street corners shall
be fully screened Screening shall consist of the following
(1) A four (4) foot tall decorative wall within the front yard
landscaping area that fully screens the parking areas The wall shall be located such that
it blocks views of the parking from then t -of -way For long spans of frontage (one
hundred (100) feet or more), the wall shall include modular articulation to add
architectural variety
(2) Shrubs or other alternative materials may be substituted for the
wall, provided it is demonstrated that the shrubs /alternative will provide equal to or better
visual screening than the wall Shrubs shall be a minimum of three (3) feet tall at time of
installation and shall be additional to the landscaping required in BMC 20 52
(3) Openings may be required within a wall section in order to provide
a sidewalk from theright-of-way to the building entry The entry shall be the minimum
necessary to accommodate a sidewalk that is a minimum of five (5) feet in width clearly
marked, and distinguished from driving surfaces by using decorative paving_
stamped/stained concrete, or raised walkways with alternative materials (such as brick
cobblestone, decorative pavers) Paint striping does not meet this requirement
(c) Access to parking may be from adjacent non- principal arterial streets, or
from driveways off of the principal arterial
(d) Driveways providing access to parking area shall be well marked
SECTION 8. Subsection 20 64 060(a) in the Bremerton Municipal Code
entitled "Development Standards" within the Wheaton Way Redevelopment Corridor
Zone is hereby amended as follows
20.64.060 DEVELOPMENT STANDARDS.
(a) Lot development shall be in accordance with the following standards,
unless allowed for otherwise by law
(1) Maximum front yard setback -ts- Tenfwe (10-5) feet -e *e t
order f that such - beffiffeased if the J J VNV11111V1 LClVV 1V iitGGJJRlJ
At least sixty -five
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Zoning Code Amendments
(65) percent of the building's front facade must meet the maximum front yard setback
The setback may be increased if the Director finds that such increase is the minimum
necessary to facilitate a superior site design In order to obtain approval for an increased
setback, the applicant shall submit a written analysis establishing how the project
facilitates supenor site design is the minimum necessary, is consistent with specific goals
and policies within the Comprehensive Plan, and is compliant with all applicable sections
of the BMC The following list identifies examples of circumstances where increased
setbacks may be found to be appropriate
(i) When the site includes more than one (1) street frontage
(ii) To accommodate existing topography, utilities, or other
physical site constraints that make compliance with the setback infeasible,
(iii) To accommodate phasing of mfill development,
(iv) On sites that are significantly developed with existing
Dally established nonconforming uses or structures whereby strict code compliance will
not facilitate effective circulation, or
(v) For projects that in the opinion of the Director provide
enhanced public amenities within the setback area which includes, but is not limited to
the following public plazas, increased landscaping, architectural features improved
pedestrian connections
(2) Minimum side yard setback zero (0) except when adjacent to the low
density residential zone (R -10) where a ten (10) to twenty (20) foot visual screen is
required pursuant to BMC 20 50 050(b),
(3) Minimum rear yard setback zero (0) except when adjacent to the low
density residential zone (R -10) where a ten (10) to twenty (20) foot visual screen is
required pursuant to BMC 20 50 050(b),
(4) Maximum building coverage fifty (50) percent unless increased per
subsection (b) of this section In no case shall maximum lot coverage exceed seventy -five
(75) percent,
(5) Maximum development coverage seventy -five (75) percent unless
increased per subsection (b) of this section In no case shall maximum lot coverage
exceed ninety -five (95) percent,
(6) Maximum height forty (40) feet, and structures within one hundred (100)
feet of the low density residential (R -10) zone shall not exceed three (3) stones in height
SECTION 9. Section 20 64 080 in the Bremerton Municipal Code
entitled "Development Standards" within the Wheaton Way Redevelopment Corridor
Zone is hereby amended as follows
20.64.080 PARKING REQUIREMENTS.
On -site parking shall be provided in accordance with Chapter 20 48 BMC and the
following standards shall be met
(a) On -site parking shall be to the rear or to the side of buildings on the site
and shall not occupy more than fifft Pert} (4A50) percent of the site frontage facing the
arterial street frontage(s The site frontage includes the area between the right -of -way
and front building wall which applies to the entire length of the property regardless of
8
Zoning Code Amendments
building width Corner lots have two (2) site frontages as they are positioned on two (2)
street frontages
(b) All efforts shall be taken to avoid placing parking on street corners
Parking located between the building frontage and street corners shall be fully screened
Screening shall consist of the following
(1) A four (4) foot tall decorative wall within the front yard
landscaping area that fully screens the parking areas The wall shall be located such that
it blocks views of the parking from the nght -of -way For long spans of frontage (one
hundred G 00) feet or more), the wall shall include modular articulation to add
architectural vanety
(2) Shrubs or other alternative materials may be substituted for the
wall, provided it is demonstrated that the shrubs /alternative will provide equal to or better
visual screening than the wall Shrubs shall be a minimum of three (3) feet tall at time of
installation and shall be additional to the landscaping required in Chapter 20 52 BMC
(3) Openings may be required within a wall section in order to
provide a sidewalk from theright-of-way to the building entry The entry shall be the
minimum necessary to accommodate a sidewalk that is a minimum of five (5) feet in
width, clearly marked, and distinguished from driving surfaces by using decorative
paving, stamped/stained concrete, or raised walkways with alternative materials (such as
brick, cobblestone, decorative pavers) Paint striping does not meet this requirement
(c) Access to parking may be from adjacent non- principal arterial streets, or
from driveways off of the principal arterial
(d) Driveways providing access to parking area shall be well - defined, highly
visible entryways
(e) On stiFeet pmking shall be allowed to help satisfy par-king Fequir-ements,
provided paved stfeet widths pr-evide adequa4e r-eefn pur-suant to City standaEds fer- on
moo+ p
SECTION 10. Section 20 66 050 in the Bremerton Municipal Code
entitled "Prohibited Uses" within the Neighborhood Center Zone is hereby amended as
follows
20.66.050 PROHIBITED USES.
(a) Drive - through lanes except within the Oyster Bay Neighborhood Center
when the business has direct vehicular access from Kitsap Way
SECTION 11. Subsection 20 66 060(a) in the Bremerton Municipal Code
entitled "Development Standards" within the Neighborhood Center Zone is hereby
amended as follows
20.66.060 DEVELOPMENT STANDARDS.
(a) Maximum Ffront yard setback
~~ Rent • ara setback shall be ten (10) feet At least eight 4" sixty -five (65)
percent of the building's front facade shall meet the maximum front yard setback The
setback may be increased if the Director finds that such increase is the minimum
necessary to facilitate a superior site design In order to obtain approval for an increased
9
Zoning Code Amendments
setback, the applicant shall submit a written analysis establishing how the pro - ject
facilitates superior site design is the minimum necessary, is consistent with specific goals
and policies within the Comprehensive Plan and is compliant with all applicable sections
of the BMC The following list identifies examples of circumstances where increased
setbacks may be found to be appropriate
(1) When the site includes more than one (1) street frontage
(2) To accommodate existing topography, utilities or other physical
site constraints that make compliance with the setback infeasible
(3) To accommodate phasing of mfill development
(4) On sites that are significantly developed with existing legally
established nonconforming uses or structures whereby strict code compliance will not
facilitate effective circulation or
(5) For protects that in the opinion of the Director provide enhanced
public amenities within the setback area which includes but is not limited to the
following public plazas increased landscaping architectural features improved
pedestrian connections
SECTION 12. Section 20 66 080 in the Bremerton Municipal Code
entitled "Parking Requirements" within the Neighborhood Center Zone is hereby
amended as follows
20.66.080 PARKING REQUIREMENTS
Parking shall meet the standards of Chapter 20 48 BMC and the following
requirements
(a) For nonresidential uses, the minimum parking requirement is one (1)
space per employee, plus one (1) handicapped - accessible space,
(b) On -site parking for nonresidential uses shall not exceed one (1) space per
three hundred (300) square feet of floor area,
(c) On -site parking shall be to the rear or to the side of buildings on the site
and shall not occupy more than fifty (50) percent of the site frontage facing the arterial
street) The site frontage includes the area between theright-of-way and front building
wall which applies to the entire length of the property regardless of building width
idth
Corner lots have two (2) site frontages as they are positioned on two (2) street frontages
(d) All efforts shall be taken to avoid placing parking on street corners
Parking located between the building frontage and street corners shall be fully screened
as follows
(1) A four (4) foot tall decorative wall within the front vard
landscaping area that fully screens the parking areas The wall shall be located such that
it blocks views of the parking from therip-lit-of-way For long spans of frontage (one
hundred (100) feet or more) the wall shall include modular articulation to add
architectural vanetv
(i) Alternate architectural features shrubs may be substituted
for the wall, provided it is demonstrated that the shrubs /alternative will provide equal to
or better visual screening than the wall Shrubs shall be a minimum of three (3) feet tall
at time of installation and shall be additional to the landscaping required in Chapter 20 52
BMC
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Zoning Code Amendments
I
(11) Openings and architectural features may be required within
a wall section in order to tie the wall feature into the architecture of the building and to
provide pedestrian access The entry shall be the minimum necessary to accommodate a
sidewalk that is a minimum of five (5) feet in width clearly marked and distinguished
from driving surfaces by using decorative paving stamped/stained concrete or raised
walkways with alternative materials (such as brick cobblestone decorative pavers)
Paint striping does not meet this requirement
(de) Access to parking shall be provided f the .,djaeent p u b he farailittes per
the following priority
(1) First, from an alley if available, if an alley is not available, then
from local street,
(2) if an alley zs not available, from a nonai4enal stife t, , b , If
neither are available then from a non - principal arterial street
(3) if neither- an alley nor- a nenar-tenal stfeet are available, from
a4eftal If none of the above are available then from a principal arterial street
Project applicants shall be required to demonstrate to the satisfaction of the City
that access design has been considered with the preceding priorities The applicant shall
demonstrate that the proposed access is provided from the highest priority facility per the
above list,
(efl Driveways providing access to parking shall be well marked,
(4g) Reduction in number of required parking spaces The Director may reduce
the number of required parking spaces on a site by up to ten (10) when a remodel,
expansion, alteration, or change in the use or tenancy of an existing building occurs,
provided
(1) For sites with multiple uses or structures, the reduction shall be applied to
the entire site and not to individual uses
(2) When a use is nonconforming to the required number of off - street parking
spaces, it shall not be allowed to reduce the number of existing spaces
SECTION 13. Section 20 70 050 in the Bremerton Municipal Code
entitled "Prohibited Uses" within the District Center Zone is hereby amended as follows
20.70.050 PROHIBITED USES
(a) Dnve- through lanes except within the Wheaton/Riddell District Center
when the business has direct vehicular access from Wheaton Way
SECTION 14. Subsection 20 70 060(a) in the Bremerton Municipal Code
entitled "Development Standards" within the District Center Zone is hereby amended as
follows
20.70.060 DEVELOPMENT STANDARDS.
Lot development shall be in accordance with the following unless allowed for
otherwise by law
(a) Maximum front yard setback no minimum front yafd sethaek The
maximum front yard ten (10) feet At least sixty -five (6 5)erglty 1 - 2 0) percent of
11
Zoning Code Amendments
a building's front facade shall meet the maximum front yard setback The setback may
be increased if the Director finds that such increase is the minimum necessary to facilitate
a superior site design In order to obtain approval for an increased setback the applicant
shall submit a written analysis establishing how the project facilitates superior site design
is the minimum necessary is consistent with specific goals and policies within the
Comprehensive Plan, and is compliant with all applicable sections of the BMC The
following list identifies examples of circumstances where increased setbacks mgy be
found to be appropriate
(1) When the site includes more than one (1) street frontage,
(2) To accommodate existing topography, utilities or other physical
site constraints that make compliance with the setback infeasible
(3) To accommodate phasing of mfill development
(4) On sites that are significantly developed with existing legally
established nonconforming uses or structures whereby strict code compliance will not
facilitate effective circulation, or
(5) For projects that in the opinion of the Director provide enhanced
public amenities within the setback area which includes but is not limited to the
following public plazas increased landscaping architectural features improved
pedestrian connections
SECTION 15. Subsection 20 70 070(b) in the Bremerton Municipal Code
entitled "Design Standards" within the District Center Zone is hereby amended as
follows
20.70.070 DESIGN STANDARDS.
(b) Site Design In addition to other standards provided in this chapter, site
design shall meet the following requirements
(1) No less than thtAy (30) per-esen4 of the frontage of a site along a4enal
(10) feet or- less from a pubhe right of way in addition, sueh eemmer-etal stfuetoFes shall
be either- mixed use stfuetffes with mstdefAtal er- offiee uses above er- be eenstmeted so
as to a4lew future addition ef a4 least two (2) additional stones eentatning residential e
uses
(21) Circulation Clearly defined pedestrian and vehicle circulation
routes shall be provided such that all portions of the site are linked
(32) Storage Outside storage of any kind is prohibited with the
exception of garbage cans and /or dumpsters Garbage cans and dumpsters shall be placed
in an enclosure per BMC 20 46 120 No garbage enclosure shall be permitted between a
street and the front of a building
SECTION 16 Section 20 70 080 in the Bremerton Municipal Code
entitled "Parking Requirements" within the District Center Zone is hereby amended as
follows
20.70.080 PARKING REQUIREMENTS
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Zoning Code Amendments
Parking shall meet the standards of Chapter 20 48 BMC and the following
requirements
(a) For nonresidential uses, the minimum parking requirement is one (1)
space per employe phis o ne (?) handiea ed ° b
v, p a.,v v uaauavu
(b) On -site parking for nonresidential uses shall not exceed four eee (4�)
spaces per three' undr - °a (30 4one thousand (1,000) square feet of floor area
(c) On -site parking shall be to the rear or side of buildings f eing the afteF a
street and shall not occupy more than fifty (50) percent of the site frontage facing the
arterial street(s) The site frontage includes the area between theright-of-way and front
building wall which applies to the entire length of the property regardless of building
width Corner lots have two 2 site frontages as they are positioned on two 2 street
frontages
(d) All efforts shall be taken to avoid placing parking on street corners
Parking located between the building frontage and street corners shall be fully screened
as follows
(1) A four (4) foot tall decorative wall within the front yard
landscaping area that fully screens the parking areas The wall shall be located such that
it blocks views of the parking from then t -of -way For long spans of frontage (one
hundred (100) feet or more) the wall shall include modular articulation to add
architectural vanety
6) Alternate architectural features shrubs may be substituted
for the wall, provided it is demonstrated that the shrubs /alternative will provide equal to
or better visual screening than the wall Shrubs shall be a minimum of three (3) feet tall
at time of installation and shall be additional to the landscaping required in Chapter 20 52
BMC
(ii) Openings and architectural features may be required within
a wall section in order to tie the wall feature into the architecture of the building and nd to
provide pedestrian access The entry shall be the minimum necessary to accommodate a
sidewalk that is a minimum of five (5) feet in width clearly marked and distinguished
from driving surfaces by using decorative paving stamped /stained concrete or raised
walkways with alternative materials (such as brick cobblestone decorative pavers)
Paint striping does not meet this requirement
(de) Access to parking shall be provided f the adjacent -- b fi 1 * per
the following priority
(1) First, from an alley if available, if an alley is not available, the
from local street,
(2) If neither are available, then from a non - principal arterial street
(3) If none of the above are available then from a principal arterial
street ) i 7�a4l eyis net ayatlable r-* t b
oxrr �cr� ,
(3) if neither alley nor a ne icsAefi stfeet are avail from an.
w4efral-
(e)— Project applicants shall be required to demonstrate to the satisfaction of the
City that access design has been considered with the preceding priorities The applicant
shall demonstrate that the proposed access is provided from the highest priority facility
per the above list
(f) Driveways providing access to parking shall be well marked
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Zoning Code Amendments
(g) Reduction in number of required parking spaces The Director may reduce
the number of required parking spaces on a site by up to ten (10) when a remodel,
expansion, alteration, or change in the use or tenancy of an existing building occurs,
provided
(1) For sites with multiple uses or structures, the reduction shall be
applied to the entire site and not to individual uses
(2) When a use is nonconforming to the required number of off - street
parking spaces, it shall not be allowed to reduce the number of existing spaces
SECTION 17 Subsection 20 82 060(a) in the Bremerton Municipal Code
entitled "Development Standards" within the Neighborhood Business Zone is hereby
amended as follows
20.82.060 DEVELOPMENT STANDARDS.
Lot development requirements shall be in accordance with the following
standards unless allowed for by law otherwise
(a) Maximum front yard setback ten (10) feet At least sixty -five
(65' ° °• °� *:• ° !��� percent of a building's front facade must meet the maximum front
yard setback The setback may be increased if the Director finds that such increase is the
minimum necessary to facilitate a superior site design In order to obtain approval for an
increased setback, the applicant shall submit a written analysis establishing how the
project facilitates superior site desi is the minimum necessary is consistent with
specific goals and Dohcies within the Comprehensive Plan and is compliant with all
applicable sections of the BMC The following list identifies examples of circumstances
where increased setbacks may be found to be appropriate
(1) When the site includes more than one (1) street frontage
(2) To accommodate existing_ topography, utilities or other physical
site constraints that make compliance with the setback infeasible
(3) To accommodate phasing of infill development
(4) On sites that are significantly developed with existing legally
established nonconforming uses or structures whereby strict code compliance will not
facilitate effective circulation, or
(5) For protects that in the opinion of the Director provide enhanced
public amenities within the setback area which includes but is not limited to the
following public plazas increased landscaping architectural features improved
pedestrian connections
SECTION 18. Section 20 82 080 in the Bremerton Municipal Code
entitled "Parking Requirements" within the Neighborhood Business Zone is hereby
amended as follows
20.82.080 PARKING REQUIREMENTS.
Parking shall meet the standards of Chapter 20 48 BMC and the following-
(a) On -site parking shall be to the rear or to the side of buildings on the site
and shall not occupy more than fifty€egy (4050) percent of the site frontage facing the
arterial street frontage(s) The site frontage includes the area between the nght -of -way
14
Zoning Code Amendments
and front building wall which applies to the entire length of the property regardless of
building width Corner lots have two (2) site frontages as they are positioned on two (2)
street frontages
(b) All efforts shall be taken to avoid placing parking on street corners
Parking located between the building frontage and street corners shall be fully screened
as follows
(1) A four (4) foot tall decorative wall within the front yard
landscaping area that fully screens the parking areas The wall shall be located such that
it blocks views of the parking from theright-of-way For long spans of frontage (one
hundred (100) feet or more), the wall shall include modular articulation to add
architectural vanM
(i) Alternate architectural features, shrubs may be substituted
for the wall, provided it is demonstrated that the shrubs /alternative will provide equal to
or better visual screening than the wall Shrubs shall be a minimum of three (3) feet tall
at time of installation and shall be additional to the landscaping required in Chapter 20 52
BMC
(ii) Openings and architectural features may be required within
a wall section in order to tie the wall feature into the architecture of the building and to
provide pedestrian access The entry shall be the minimum necessary to accommodate a
sidewalk that is a minimum of five (5) feet in width, clearly marked, and distinguished
shed
from driving surfaces by using decorative paving, stamped /stained concrete, or raised
walkways with alternative materials (such as brick, cobblestone, decorative pavers)
Paint striping does not meet this requirement
(c) Access to parking may be from adjacent non- principal arterial streets, or
from driveways off of the principal arterial
(d) Driveways providing access to parking area shall be well - defined, highly
visible entryways
SECTION 19. Subsection 20 84 060(a) in the Bremerton Municipal Code
entitled "Development Standards" within the Limited Commercial Zone is hereby
amended as follows
20.84.060 DEVELOPMENT STANDARDS.
(a) Maximum front yard setback ten (10) feet At least sixt five
(6S°°venty five ! percent of a building's front facade must meet the maximum front
yard setback The setback may be increased if the Director finds that such increase is the
minimum necessary to facilitate a superior site design In order to obtain approval for an
increased setback, the applicant shall submit a written analysis establishing how the
project facilitates superior site design is the minimum necessary, is consistent with
specific goals and policies within the Comprehensive Plan, and is compliant with all
!, applicable sections of the BMC The following list identifies examples of circumstances
where increased setbacks may be found to be appropriate
(1) When the site includes more than one (1) street frontage,
15
Zoning Code Amendments
(2) To accommodate existing topography, utilities, or other physical
site constraints that make compliance with the setback infeasible,
(3) To accommodate phasing of infill development,
(4) On sites that are significantly developed with existing legally
established nonconforming uses or structures whereby strict code compliance will not
facilitate effective circulation, or
(5) For projects that in the opinion of the Director provide enhanced
public amenities within the setback area which includes, but is not limited to, the
following_ public plazas, increased landscaping, architectural features, improved
pedestrian connections
SECTION 20. Section 20 84 080 in the Bremerton Municipal Code
entitled "Parking Requirements" within the Limited Commercial Zone is hereby amended
as follows
20.84.080 PARKING REQUIREMENTS.
Parking shall meet the standards of Chapter 20 48 BMC and the following -
(a) On -site parking shall be to the rear or to the side of buildings on the site
and shall not occupy more than fifty (50) percent of the site frontage facing the arterial
street frontage(s) The site frontage includes the area between the right -of -way and front
building wall which applies to the entire length of the property regardless of buildin g
width Corner lots have two (2) site frontages as they are positioned on two (2 ) street
frontages
(b) All efforts shall be taken to avoid placing parking on street corners
Parking located between the building frontage and street corners shall be fully screened
as follows
(1) A four (4) foot tall decorative wall within the front yard
landscaping area that fully screens the parking areas The wall shall be located such that
it blocks views of the parking from then t -of -way For long spans of frontage (one
hundred (100) feet or more), the wall shall include modular articulation to add
architectural variety
(2) Alternate architectural features, shrubs may be substituted for the
wall, provided it is demonstrated that the shrubs /alternative will provide equal to or better
visual screening than the wall Shrubs shall be a minimum of three (3) feet tall at time of
installation and shall be additional to the landscaping required in Chapter 20 52 BMC
(3) Openings and architectural features may be required within a wall
section in order to tie the wall feature into the architecture of the building and nd to provide
pedestrian access The entry shall be the minimum necessary to accommodate a sidewalk
that is a minimum of five (5) feet in width, clearly marked, and distinguished from
driving surfaces by decorative paving, stamped/stained concrete, or raised
walkways with alternative materials (such as brick, cobblestone, decorative pavers)
Paint striping does not meet this requirement
(c) Access to parking may be from adjacent non- principal arterial streets, or
from driveways off of the principal arterial
(d) Dnvewayproviding access to parking area shall be well- defined, highly
visible entryways
I
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Zoning Code Amendments
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SECTION 21. Section 20 92 020 in the Bremerton Municipal Code
entitled "Outrightly Permitted Uses" within the Employment District Zone is hereby
amended as follows
20.92.020 OUTRIGHT PERMITTED USES.
The following uses are permitted outright
(a) Co- location of wireless telecommunications facilities per BMC 20 46 140,
(b) Community use facility,
(c) Day care facility, all,
(d) General office and business services,
(e) Finance insurance and real estat d
(no dFive ffoug f � +
�..., uaavv vub,a ruvrrrsxri.l),
(f) General retail (no dFive through f eilt es)
(g) Hotels and lodging places,
(h) Medical offices,
(i) Outdoor athletic fields,
0) Park playgrounds and open space, and parks,
(k) Personal service business,
(1) Physical fitness and health clubs,
(m) Public administration,
(n) Residential uses of the following types
(1) Group residential facility - Class I,
(2) Multi -unit structure,
(3) Nursing convalescent home,
(4) Senior housing complex,
(5) Single unit structure, attached or detached,
(6) Townhouse,
(o) Restaurants and drinking places dr:v„ u....,u ''aelittes)
(p) Schools and education uses,
(q) Transportation facility,
(r) Veterinary clinic,
(s) Worship and religious facility
SECTION 22. Section 20 98 020 in the Bremerton Municipal Code
entitled "Outrightly Permitted Uses" within the Institutional Zone is hereby amended as
follows
20.98.020 OUTRIGHT PERMITTED USES
The following uses are permitted
(a) Co- location of wireless telecommunications facilities per BMC
20 46 140,
(b) Community facility,
(c) General office and business services,
(d General retail associated with an institution,
(e) Higher education and colleges,
(f) Hospitals,
17
Zoning Code Amendments
(g) Medical offices and clinics,
(h) Outdoor athletic fields and park playground and open spaces,
(1) Parking as a principal use,
0) Public administration,
(k) Residential uses of the following types
(1) Group residential facility - Class I,
(2) Nursing convalescent home,
(3) Senior housing complex,
(4) Single -unit dwelling unit, detached,
(5) Single -unit dwelling unit, attached,
(1) Restaurants ,
(m) Schools and education uses,
(n) Transportation facility,
(o) Welfare and charitable services and facility,
(p) Worship and religious facility
SECTION23. Severabihty If any one or more sections, sub - sections, or
sentences of this Ordinance are held to be unconstitutional or invalid, such decision shall
not affect the validity of the remaining portion of this Ordinance and the same shall
remain in full force and effect
SECTION24. 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 of �}G��'!'�+wr , 2013
vV
GREG W ELER, Council President
Approved this day of 2013
, 04
P TTY L ayor
EST A OVED AS TO FORM
Gam.
SHANNON CORIN, City Clerk RO R A LUBO ity ttorney
i
i
18
Zoning Code Amendments
PUBLISHED the b' day of &W44-4-r , 2013
EFFECTIVE the day of 1 2013
ORDINANCE NO 5222
R \Legal \Legal \Ordinances \Community Development2oning Code Amendments (2013) docx
t
I
I
19
Zoning Code Amendments
Exhibit A
FINDINGS AND CONCLUSIONS
OF THE CITY OF BREMERTON PLANNING COMMISSION
Summary:
The proposed amendments to Bremerton Municipal Code Title 20 Land Use Chapter, relate to drive -
through facilities, front yard setbacks in commercial zoning districts, and SEPA categorical exemption
threshold amounts
1. FINDINGS OF FACT
1 Project Description.
The proposed amendment package includes three sets of amendments to Bremerton Municipal
Code Title 20 Land Use Chapter, relating to
• Revise various sections of Title 20 — Zoning relating to dnve- through facilities a)
specifying the commercial zoning districts within the city limits where the facilities are
permitted, and b) establishing development and site design standards for the drive -
through facilities when allowed.
• Revise various sections of Title 20 — Zoning relating to maximum front yard setbacks in
commercial zoning districts within the city limits, and allowing for minimal increases in
the maximum front yard setback to achieve superior site design and infill development
• Adding a new subsection to Title 20.04100 Use of Categorical Exemptions, to increase
the City's SEPA categorical exemptions to the highest exemptions allowed by WAC 197-
11 -305 and 197- 11- 800(1)(a)
2 Procedural History
2.1 Planning Commission Workshops January 15, 2013 and April 16, 2013
22 Notice of Public Hearing June 28, 2013
23 SEPA Threshold Determination DNS June 28, 2013
24 Planning Commission Public Hearing July 16, 2013
3 Public Comment
3.1 At the April 16, 2013 Planning Commission Workshop, public comment was offered by
Steve Gyverson, Ralph Erickson, and Carl Zarelli all in favor of more flexibility in the
code provisions
32 Written comment received to date
33 At the July 16, 2013 Planning Commission Public Hearing public testimony was offered
by Larry Matel, and Ralph Ericson in support of the proposal
4 SEPA Determination -
A Determination of Non - Significance was issued on June 28, 2013, with a comment deadline of
July 15, 2013, and an appeal deadline of July 29, 2013
5 Consistency
1
Text amendments to Title 20 shall meet the decision criteria outlined in BMC 20.18.020(d). The
Planning Commission may recommend, and the City Council may adopt or adopt with
modifications, an amendment to Title 20 if the criteria outlined below are met.
(1) It is consistent with the goals and policies of the comprehensive plan;
Analysis. The proposed amendments continue to uphold the objectives and goals of the
Comprehensive Plan, and implement the following policies
CC1H. Utilize development standards to ensure that land uses or structures that are
accessory to a principal use are developed in a manner compatible with the
principal structure and the character of the surrounding area.
CC2A: Utilize zoning and design standards that have flexibility and incentives to ensure
excellence in urban design, and which are compatible with surrounding land
uses.
CC2B. Ensure that infill construction and area redevelopment are done in a manner that
reinforces the neighborhood's desired and defined character and that
architecturally compliments the commercial and residential areas.
LU3A• Provide development incentives and flexibility within the Zoning Code to
encourage desirable design elements with flexibilities within the Zoning Code
provisions for all new development and redevelopment.
EC1 C. Encourage redevelopment of underutilized land
ECSA: Expedite the permit and development process
(2) It does not conflict with other City, state and federal codes, regulations and ordinances.
Analysis The proposed amendments do not conflict with any other regulations.
II. CONCLUSIONS & RECOMMENDATION
Based on the findings above, the Planning Commission concludes that the proposed amendments to
the Bremerton Municipal Code Title 20 Land Use Chapter, meets the requirements in BMC
20 18 020(d) text amendments, and therefore recommends to the City Council, the adoption of
amendments to Title 20.
Re pectf Ily sub itt by.
ea L Sp r, Executive Secretary
App ved by
reg s hit
2
AFFIDAVIT OF PUBLICATION
Account #42742 AD#20136168
STATE OF WASHINGTON
COUNTY OF KITSAP
I, Christine Kendrick, being first duly sworn on oath, deposes and says That she is now, and at all times
embraced in the publication herein mentioned was the principal clerk of the printers and publishers of
KITSAP SUN, that said newspaper has been approved as a legal newspaper by order of the Superior Court
of the County of Kitsap, in which County it is published and is now and has been for more than six months
prior to the date of the publication hereinafter referred to, published in the English language continually as
a daily newspaper in Bremerton, Kitsap County, Washington, a weekly newspaper in Kitsap County,
Washington and is now and during all of said time, was printed in an office maintained in the aforesaid
place of publication of said newspaper, that the following is a true text of an advertisement as it was
published in regular issues (and not in supplement form) of said newspaper on the following date, to wit
And on Sept 8, 2013 such newspaper was regularly distributed to its subscribers during all of said period
The full amount of the fee charged for the foregoing publication is the sum of $40 30 This amount has not
been paid in full
(Signature of Principal Clerk)
Subscribed and sworn to before me this day of September 16, 2013
Ll �, A
Notary Public in and for the State of Washington, Kitsap County
ORDINANCE NO 5222
AN ORDINANCE of the City Council of the City of Bremerton, Washington, making amendments to the
the Zoning Code - BMC Title 20, to increase the SEPA threshold exemptions, modify drive- through
requirements, and adjust front yard setback requirements for commercial properties
PASSED by the City Council on the 4th day of September, 2013
The full text of this ordinance is available from the City Clerk's Office, 345 Sixth Street, Suite 600,
Bremerton, WA 98337
Sept 8, 2013
AD# 20136168