HomeMy WebLinkAbout02/23/05 AGENDA
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CITY COUNCil 345 6th Street, Suite 600, Bremerton, WA 98337-1873 0.J (360) 473-5280
FEBRUARY 23, 2005
CITY COUNCil MEETING AGENDA
1. PRE-COUNCil STUDY SESSION: 5:00 - 5:30 P.M. in~~:( , t, ':~: t~ ,\~ j:' - "'"
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A. General Council Business
2. CAll TO ORDER: 5:30 P.M. in ~1EIET1~\lG f".~:\ ~ ..~ ;' n..OOR
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A. Pledge of Allegiance
B. Invocation
3. PUBLIC SERVICE ANNOUNCEMENTS
4. CONSENT AGENDA
A. Claims & Check Register (#AB05-053)
B. Minutes of Meeting - February 16, 2005 (#AB05-054)
5. PUBLIC HEARINGS
A. Amendment to 2003 Community Development Block Grant (CDBG) Action Plan regarding Maritime Park
(#AB05-016)
6. GENERAL BUSINESS
A. Ordinance No. 4932 adopting amendments to Title 20 of the Bremerton Municipal Code (BMC) relating to
the City Zoning Code (#AB05-051)
7. ADJOURNMENT OF CITY COUNCil BUSINESS MEETING
CITY COUNCil STUDY SESSION
Immediately following the City Council Meeting, the Council Members will reconvene in
CONFf:::RfNCE ROOftiJ 6D3 to hear presentations on the following items. Please note that no action will be
taken, and the content of these items are subject to change. . .
1. Sole Source Purchase of a Bomag 813 Paver Machine from WESTERN POWER & EQUIPMENT - Jim Orton, Fleet
Manager
2. Professional Services Agreement with URS CORPORATION for Engineering and Architectural Services for the Pump
Station 4 Redesign and Remodel Project - Michael Mecham, City Engineer
3. Ordinance granting CASCADE NATURAL GAS CORPORATION a franchise - Michael Mecham, City Engineer
4. Purchase & Sale Agreement between the City of Bremerton and CHEVRON USA, INC. regarding Acquisition of Real
Property adjacent to Evergreen Park - Gary Sexton, Economic Development Director
5. Resolution ratifying the Kitsap Countywide Planning Policies as amended by the Kitsap County Board of
Commissioners - Chris Hugo, Community Development Director
6. Public Hearing and Resolution to surplus and approve sale of Public Utility Property (38 acres formerly known as
the Tracy ton Watershed) to BEALKO, INC. - Phil Williams, Director of Public Works & Utilities
7. Resolution to extend the existing loan from the EQUIPMENT RENTAL RESERVE FUND to ULlD 2002-1 Fund - Laura
Lyon, Finance Director
8. Ordinance repealing and replacing Chapters 2.76 and 2.79 of the Bremerton Municipal Code (BMC) with new
Chapter 2.76 entitled PROCUREMENT AND DISPOSAL CODE - Roger Lubovich, City Attorney
II Americans with Disabilities Act (ADA) 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.
DA TE SUBMITTED: BILL #: {/5"-o~ 3
AGENDA BILL
CrTY OF BREMER TON
CITY COUNCIL
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SUBJECT: Approval of Claims and Checks Committee Meeting Date:
Register COUNCIL MEETING Date: <:2-.:23- 05'"
Department: Financial Services
Presenter: Cathy Johnson
Phone: 473-5296
SUMMARY: Consent agenda item. Approval of payroll, checks and electronic fund transfers.
ATTACHMENTS:
FISCAL IMPACTS (Include Budgeted Amount):. i
APPROVALS:
DEPARTMENT DIRECTOR:
CITY ATTORNEY:
FINANCE DIRECTOR:
MA YOR:
FISCAL/BUDGET: .-_...
CONSENT AGENDA [gJ
OPERATIONS: I'
COUNCIL PRESIDENT: -=;D~ I ~
RECOMMENDED MOTION: Move to Approve:
1) Check #' s 29'7"/S- / throug1bL9'7 ~ and EFT's h7rJ[t through ~ 7/3
in the amount of $
2) Regular Payroll for the pay period ending c;<. -1):--0 c:;- in the amount of $ wl'r; ~ 9'. 2.1
3) Retiree Payroll for the pay period ending in the amount of $
COUNCIL ACTION: ~ove D Deny D Table D Continue D No Action
CITY COUNCIL MEETING
SPEAKERS LIST
PLEASE NOTE THAT ALL REQUESTS FOR INFORMATION FROM THE CITY OF
BREMERTON MUST BE SUBMITTED IN WRITING.
THANK YOU.
PLEASE PRINT YOUR NAME BELOW IF YOU PLAN TO
~P!K DURING THE COUNCIL MEETING TONIGHT
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DATE SUBMITTED: ::t;t s/o5 BILL # 05-o~L/ _
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
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SUBJECT: Minutes of Meeting - l/rltJ/os Committee Meeting Date: N/A
COUNCIL MEETING Date: :2./;;' 31t> 5
Department: City Council
Presenter: Daren Nygren,
Council President
Phone: (360) 473-5280
SUMMARY: Attached are the minutes for the Council Meeting held 2/(fd/o 5.
ATTACHMENTS: Minutes for 2/f &;/ () S
FISCAL IMP ACTS (Include Budgeted Amount): 0
APPROVALS:
DEPARTMENT DIRECTOR:
CITY ATTORNEY:
FINANCE DIRECTOR:
MAYOR:
FISCALIBUDGET: CONSENT AGENDA ~
OPERATIONS:
COUNCIL PRESIDENT: ~~
RECOMMENDED MOTION: Move to pass the Consent Agenda as presented.
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DIGITAL RECORDING
CITY COUNCIL MEETING MINUTES
Wednesday, February 16, 2005
The weekly meeting of the City Council of the City of Bremerton was called to order in the City
Council Chambers, of the NORM DICKS GOVERNMENT CENTER 345 6th Street, Bremerton,
Washington, Wednesday, February 16, 2005, at 5:30 P.M., with Council Vice-President Cecil
McConnell presiding. Council members present were Mike Short, Will Maupin, Carol Arends, Mike
Shepherd, Wendy Priest, and Cecil McConnell. Council President Daren Nygren was absent; and
Council Members Dianne Robinson and Brad Gehring are attending the AWC Legislative Action
Conference in Olympia. Also present were City Attorney Roger Lubovich; City Clerk Paula
Johnston; and Legislative Assistant Lori Smith.
The Pledge of Allegiance was led by Council Member Shepherd; followed by the invocation
provided by Pastor Scott Shaw of Bremerton First Church of the Nazarene.
Vice-President McConnell made the following announcements:
1. A Pre-Council session was held in Council Conference Room 603 from 5:00 to 5:30 P.M. and
2. Item 6C has been pulled from the agenda, and will be heard at the next meeting on 2/23/05.
MAYOR'S REPORT - Due to his attendance at the A WC Legislative Action Conference in
Olympia, there was no Mayor's Report tonight.
CONSENT AGENDA
A. Check Numbers 297470 - 297750; EFT-6685 - EFT-6703; and in the amount of
$1,730,376.96; (#AB05-040)
B. Minutes of Meeting - January 19, 2005 (#AB05-041)
C. Minutes of Meeting - January 26, 2005 (#AB05-042)
D. Minutes of Meeting - February 2, 2005 (#AB05-043)
E. Minutes of Meeting - February 9,2005 (#AB05-044)
F. Professional Services Agreement to WASHINGTON TIMBERLAND MANAGEMENT for Timber
Harvest Management and Marketing Services (#AB05-045)
G. Contract Award to FISCHER GENERAL CONSULTING, INC. for Reservoir No. 10 North and South
Seismic Upgrades (#AB05-046)
H. Contract Award to T. BAILEY, INC. for Reservoir No.8 Seismic Upgrade and Interior Coating
Replacement (#AB05-047)
I. Resolution No. 2954, setting a Hearing Date of March 16, 2005 for approval and confirmation
of the Assessments and Assessment Roll for ULlD 2002-1 (#AB05-048)
J. Budget Adjustment for completion of Pedestrian Door in the 4th and Washington Parking
Garage on 5th Street (#AB05-049)
5:32:34 MISICIU (Priest/Arends) Move to approve the Consent Agenda as presented.
6A - HARBORSIDE CONDOMINIUMS AGREEMENT BETWEEN KITSAP COUNTY. KITSAP
COUNTY CONSOLIDATED HOUSING AUTHORITY. AND THE CITY OF BREMERTON
REGARDING A CONTINGENT LOAN AGREEMENT (#AB05-035l: Roaer lubovich, City
Attorney, explained that the two agreements are proposed for execution by the City, Kitsap
County, and the Kitsap County Consolidated Housing Authority (KCCHA). The first is the
Harborside Condominiums Agreement and the second is the Contingent Loan Agreement. There
is no second contingent loan agreement between Kitsap County and KCCHA of which the City is
not a party. These agreements provide guarantees for financing and development of the
condominium project by the Kitsap County Consolidated Housing Authority.
There were no comments from the public.
City Council Reg. Mtg. Minutes
Wednesday, February 16, 2005
Page 2 of 3
5:38:23 M/S/C/U (Arends/Shepherd) Move to approve the Harborside Condominiums Agreement
and the Contingent Loan Agreement between the City of Bremerton, Kitsap County, and Kitsap
County Consolidated Housing Authority, and to authorize the Mayor to execute the agreements in
substantially the same form as presented subject to final approval of the City Attorney and Director
of Financial Services.
66 - 2005 CONTRACT BETWEEN THE KITSAP PHYSICIANS SERVICE (KPS) AND THE CITY
OF BREMERTON (#AB05-050): Carol Conlev, Human Resources Director, stated that approval
and authorization of formal execution of the 2005 contracts between the City and Kitsap
Physicians Service (KPS) for employee group health insurance coverage. The new contracts,
which are negotiated on our behalf by our benefits consultants, Willis of Seattle, reflect of 25.4%
rate increase above 2004 levels.
There were no comments from the public.
5:44:30 M/S/C/U (Shepherd/Short) Move to approve KPS 2005 Premium Rates and Underwriting
Criteria and Contracts: Plan A (LEOFF I Active, LEOFF II Active) and Plan A (LEOFF I Retirees
under 65) and Plan B (Management and Professional employees/dependents, Teamsters'
employees/dependents and Fire Fighter dependents) and authorize the Mayor to execute the
same in substantially the same form as presented.
6C ORDINJ\NC& NO. 4932 ADOPTING AMENDMENTS TO TITLE 20 Of THE BREME!RTON
MUNICIPAL CODE (BMC) R&lATING TO THE ZONING CODE! (#1\805 051): Item was
postponed until 2/23/05.
6D - RESOLUTION NO. 2955 ADOPTING THE KITSAP COUNTY REVISED MULTI-HAZARD
MITIGATION PLAN (#AB05-052): Fire Chief AI Duke summarized that the Federal Disaster
Mitigation Act of 2000 requires that all local organizations (governmental, tribal, and not-for-
profits), have an approved local mitigation plan in accordance with 44 CFR 201.6 prior to receiving
Hazard Mitigation Grant Program (HMPG) funding. The Plan has been updated to ensure
consistency with the Federal Disaster Mitigation Act 2000 and has received federal approval.
There were no comments from the public.
5:47:15 M/S/C/U (Arends/Short) Move to approve Resolution No. 2955, adopting the Kitsap
County Revised Multi-Hazard Mitigation Plan.
PUBLIC RECOGNITION
Hellen Miller was concerned that two Council members were initiating action to minimize the
number of Council members from 9 to 7 (and maybe to 5), and urged citizens to contact the City
Council office at (360) 473-5280 to express their opinion.
COUNCIL MEMBER REPORTS
Mike Short invited citizens to attend the next District 6,7,8, & 9 Community Meeting on Monday,
March 7, 2005 at the Oyster Bay Public Works Facility to hear a presentation on the proposed
"Law & Tax Levy" initiative; and also indicated that updated information on the Munititions
Investigation at NAD Park would be available in the Council Office at (360) 473-5280 for anyone
interested.
City Council Reg. Mtg. Minutes
Wednesday, February 16, 2005
Page 3 of 3
Will Maupin discussed his attendance at a recent Puget Sound Regional Council (PSRC) Growth
Management Policy Board Meeting, including his participation on the 2005 VISION 2020 Award
Nomination Committee.
Carol Arends added that the District 6,7,8, & 9 Community Meeting would be held from 7:00 to
8:30 PM; and reported on her attendance at the CenCom Executive Board Meeting earlier this
evening, which was held in the new CenCom Building, and that a ribbon-cutting ceremony for the
new building would be held in the near future. r.
Mike Shepherd announced that the Evergreen Neighborhood Association would be hosting a
Spaghetti Feed at Cafe Destino on Sunday, March 20; and on March 12, a small volunteer group
would be organizing to weed City Parks of English Ivy.
Wendy Priest responded to the citizens who have provided petitions in support of laws to protect
dogs and other animals.
Cecil McConnell stated that the Study Session held recently to discuss a proposal for reducing
the number of Council members was only the beginning of the discussion on the subject, and
there will be ample time for public input.
With no further business, the meeting of the City Council was adjourned at 5:58: P.M.
pr~d and Submitted by.:
~}
LORI SMITH '-"'
Legislative Assistant
Attest:
PAULA JOHNSTON, City Clerk
CECIL McCONNELL, City Council Vice-President
CM/PJ/ls/cge
DATE SUBMIITED: January 5, 2005 BILL # u~ ---[In
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
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SUBJECT: Amendment t::tommunity Committee Meeting Date: / -/~ -0 S--
Development Block Grant Action Plan for COUNCIL MEETING Date: JIlRYBfY 11, 2005 ;?-;(3-oS-
2003 Department: DCD/CDBG
Presenter: Eichhorn
Phone: 473-5211
SUMMARY: City Council approved the 2003 CnBG Action Plan on October 9,2002. That plan
allocated $500,000 toward the capital costs of developing Maritime Park. The Economic
Development Department has requested $50,000 for use toward architecture and engineering costs.
All other project aspects remain the same. Approval of this request requires an amendment to the
Plan, a public hearing on or after February 16, 2005, and execution of two contracts between CDBG
and Economic Development. Approval of this request would allow fulfillment ofHUD's procedural
requirements and would allow immediate reimbursement of AlE costs for the park prior to completion
of federally-required environmental review.
ATTACHMENTS: Amendment request from Economic Development. Professional Services
Agreement with Portico Group, RFQ, and Scope of Work.
FISCAL IMPACTS (Include Budgeted Amount): None. Ifnot approved, AlE expenses would need
to be paid from other (non-CDBG) funds.
APPROVALS:
DEPARTMENT DIRECTOR:
CITY ATTORNEY:
FINANCE DIRECTOR:
MAYOR:
AI- \ te7Z1 .
FISCAL/BUDGET: ".' ~ , ~ ~?
OPERATIONS' , '\.~" ; ~'.. '-.._ JY
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COUNCIL PRESIDENT: - .-\-..)~ ~__
RECOMMENDED MOTION: Motion to approve amendment to 2003 Action Plan, dividing
Maritime Park allocation into two awards of $50,000 and $450,0000
. .,
-
COUNCIL ACTION: D Approve o Deny o Table o Continue o No Action
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GAfR'tJ'SIEXTON
/lJUIJifECirOR OF ECONOMIC DIEVELOPMIENT Tel 360.473.5282
gsexton@cl.bremerton.wa.us Fax 360-473-5850
345 6'h Street. Suite 600
Bremerton WA 98337
To: Shirley Schultz and/or Michelle Eichorn
Community Development Department
City of Bremerton
From: Gary Sexton, Director, Economic Development Department
City of Bremerton
Date: February 16,2005
Re: Request of Amendment to the 2003 CDBG Action Plan
This memorandum is to request an amendment to the 2003 CDBG Action Plan, which awarded
$500,000 in funds for Maritime Park. The original project award was for capital costs - and
construction/installation of site amenities that are ADA accessible.
The Economic Development Department would like to use $50,000 of the project award for "soft
costs" in the form of design costs. An RFQ for design firms has been issued according to the
City's procurement standards, a firm has been selected, and a scope of work has been negotiated.
The RFQ and scope of work is attached to this request, and is intended as a revision to the
original application for funding - showing the budget and timeline for the design phase of the
project. We understand that use of this $50,000 is contingent upon actual completion of Maritime
Park.
Once design for the project is completed, the Economic Development Department will continue
to gather firm cost estimates, attain and confirm funding from other sources, and complete all
other federal requirements in order to obtain the contract to use the additional $450,000 in capital
costs. .
.
Signed: Date;.- - ",
. .... ",
. r . '..,;
Gary S?xton, Diredo;, Economic Development
DA TE SUBMITTED: February 1, 2005 BILL # t S-C') I
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
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O~cSmJ NO. +q32.- Committee Meeting Date: February 9, 2005
SUBJECT: Or inance a pting
amendments to BMC Title 20 relating to COUNCIL MEETING Date: -EeNuaryul6-, 2005-r/ -, /:
zomng Department: Comm Development
Presenter: C. Hugo
Phone: 473-5275
SUMMARY: The proposed ordinance enacts new sections of the zoning code to implement the
2004 Comprehensive Plan. The proposed new BMC chapters include new administrative sections,
new zoning for single family residential areas, and new zoning for portions of the Wheaton Way and
Kitsap Way corridors. In addition, re-numbering of several existing land use chapters is proposed.
The enactment of development regulations consistent with the 2004 Comprehensive Plan is necessary
to maintain compliance with the State Growth Management Act.
ATTACHMENTS: Proposed BMC chapters 20.40, 20.42, 20.44, 20.46, 20.60, 20.62, and 20.64 as
recommended by the City Planning Commission
FISCAL IMP ACTS (Include Budgeted Amount): Failure to maintain GMA compliance may
jeopardize eligibility for State grants and loans, particularly Public Works Trust Fund loans.
APPROVALS:
DEPARTMENT DIRECTOR:
CITY ATTORNEY: - -==-:-::>
FINANCE DIRECTOR:
MA YOR:
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FISCAL/BUDGET: .' ../-// ~/ I
j;/, :p~</'( t ~ -CONSENT AGENDA D
OPERA nONS: (/.u/I.../'~t" (Z.4_i>J '
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COUNCIL PRESIDENT: ----J~)Ql/l--- lV~r1/'----'
RECOMMENDED MOTION: Move to pass ordinance # 4~ 3L adopting amendments to BMC
Title 20 related to zoning.
COUNCIL ACTION: 0 Approve D Deny D Table D Continue o No Action
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C\ AJtt{DMl otrs CAJl~ 51'01'\ .
ORDINANCE NO. 4932
AN ORDINANCE of the City Council of the City of
Bremerton, Washington, adopting amendments to the City Zoning
Code by adding new chapters as follows: Chapter 20.40 entitled
"Administration," Chapter 20.42 entitled "Definitions," Chapter
20.44 entitled "General Development Standards," Chapter 20.46
entitled "Special Development Standards," Chapter 20.60 entitled
"Low Density Residential (R-IO)," Chapter 20.62 entitled
"Commercial Corridor," and Chapter 20.64 entitled "Wheaton Way
Redevelopment Corridor (WWRC)," all of which shall become
effective upon the effective date of the ordinance adopting the
Official Zoning Map.
WHEREAS, the City Council adopted a new Comprehensive Plan for the City on
December 1, 2004; and
WHEREAS, the City is in the process of updating its zoning regulations
consistent with the new Comprehensive Plan; and
WHEREAS, the City Council desires to begin the update process by updating and
adopting new zoning regulations to be followed by additional updates; and
WHEREAS, the proposed new zoning regulations have been approved by the
Planning Commission; NOW THEREFORE,
THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON,
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Chapter 20.40 of the Bremerton Municipal Code entitled
"Administration" is hereby created to read as follows:
CHAPTER 20.40
ADMINISTRATION
20.40.010 TITLE.
This title shall be known as the "City of Bremerton Zoning Code." This Code shall
consist of this text and the map entitled "City ofBremerton Official Zoning Map."
20.40.020 AUTHORITY.
This title is adopted pursuant to Revised Code of Washington (RCW) Chapter 35.63.
I
Zoning Code
20.40.030 INTENT AND PURPOSE.
The intent of this title is to regulate the physical development of all lands within the City
of Bremerton's jurisdiction, except federally owned properties, in order to provide for orderly
development within the City. The purpose is:
(a) To implement the City's Comprehensive Plan;
(b) To protect the community's social and economic stability, as well as the positive
qualities and unique characteristics of all areas throughout the community;
(c) To address both natural and man-made environmental considerations as part of
the land use and development permitting processes; and
(d) To ensure the orderly and beneficial development and use of all lands by:
(1) Reserving an adequate supply of developable land area for each major
category ofland use and in the most appropriate locations,
(2) Preventing the encroachment of incompatible uses; and
(3) Providing clear concise regulations and development guidelines that are
consistent with City goals and visions.
(e) To protect the public's health, safety and welfare as a whole and not to create a
duty of protecting any person or class of persons.
20.40.040 ADMINISTRATIVE AUTHORITY.
The Director shall have the authority to make and issue orders, rules, requirements,
permits, interpretations, decisions, or determinations as necessary in the administration and
enforcement of the provisions of this title, except when provided for otherwise.
20.40.050 DEFINING SHALL AND MAY.
The word "shall" is always mandatory; the word "may" denotes a use of discretion in
making a decision
20.40.060 MINIMUM REQUIREMENTS.
The provisions set forth in'this title shall constitute the minimum requirements necessary
to promote the public health, safety, morals, and general welfare.
20.40.070 CONFLICTS.
The provisions of this title shall govern when this code imposes a greater restriction than
is required by other ordinances, regulations, easements, covenants, or other agreements. In the
case of internal conflicts within this code, the most restrictive provision shall prevail.
20.40.080 INTERPRETATIONS.
The Director shall have the authority to make written interpretations when necessary for
clarification or to resolve conflicts within these regulations. Any person may submit a written
request for a code interpretation to the director, or the director may issue a code interpretation on
the director's own initiative. A request for a code interpretation shall include the following
(a) The provision of this title for which an interpretation is requested;
(b) Why an interpretation of the provision is necessary;
(c) Any reason or material in support of a proposed interpretation; and
(d) Any fees adopted by the City Council.
2
Zoning Code
20.40.090 ZONING MAP INTERPRETATIONS.
The Director shall use the following criteria to interpret the Official Zoning Map:
(a) Where a zone boundary is indicated as approximately following a property line,
the property line is the zone boundary.
(b) Where a zone boundary is indicated as following a street or other right-of-way,
the centerline of the street or right-of-way is the zone boundary.
(c) Where a zone abuts or extends into a lake or into Puget Sound, the zone boundary
extends into that body of water to the full limit and territorial extent of the jurisdiction and
control of the City.
(d) Where a zone boundary is not indicated to follow a property line, street, or other
right-of way, the boundary line is as drawn, based on the scale shown on the Zoning Map.
20.40.100 COMPLIANCE WITH OTHER LAWS.
Nothing in this title shall be construed to excuse compliance with other applicable
federal, state, or local laws or regulations.
20.40.110 CITY LIABILITY.
Nothing in this title shall be construed to impose any duty upon the City or any of its
officers or employees so as to subject them to liability for damages not otherwise imposed by
law to protect individuals from personal injuries or property damage.
20.40.120 PROPERTY OWNERS/ APPLICANT RESPONSIBILITY.
(a) It is the intent of this title to place the obligation of complying with the
requirements of this title and all applicable laws and regulations upon the owner, and jointly and
severally upon the occupant of the land and buildings within its scope.
(b) The applicant is responsible to provide accurate and complete information and
plans to comply with the requirements of this title and all applicable laws and regulations. The
City is not responsible for the accuracy of information or plans provided to the City for review or
approval.
20.40.130 SCOPE OF UNLAWFUL ACTIVITY.
It shall be unlawful for any person, firm or corporation to erect, construct, alter, repair,
move, remove, convert, demolish, use, occupy, or maintain any structure or use ofland, or any
portion, in violation of the provisions of this chapter. The violation shall exist until the unlawful
act and/or unlawful use has been remedied or abated.
20.40.140 ENFORCEMENT.
(a) It is the duty of the Director to enforce the provisions ofthis title. Enforcement
actions may include one or more of the following:
(1) Withhold or revoke land use permits or approvals,
(2) Withhold or revoke building permits for construction or alteration of a
structure, abatement of structures;
(3) Revocation of use permits and variances;
(4) Enforcement through Chapter 1.04 BMC;
(5) Filing a court action in a court of competent jurisdiction.
(b) Land Use/Permit Revocation: a permit or land use approval may be revoked if:
3
Zoning Code
(1) The work is not authorized by a valid permit or approval;
(2) Inaccurate or incorrect information was used to obtain the permit or
approval or the permit or approval was issued in error;
(3) The permittee is not complying with the terms of the permit or approved
plans;
(4) The permittee is in violation of the requirements of this chapter or of any
land use ordinance, statute, or regulation; or
(5) The work is, in the Director's judgment, a hazard to property or public
safety, is adversely affecting or about to adversely affect adjacent property or rights-of-way, a
drainage way, watercourse, sensitive areas or storm water facility, or is otherwise adversely
affecting the public health, safety, or welfare.
(c) Revocation of a permit or land use approval shall be made by
(1) The Director for Type I and Type II permits subject to the right of appeal
as set forth in this title.
(2) The Administrative Hearing Examiner for a Type III permit subject to the
right of appeal as set forth in this title.
(3) The Council for a Type IV permit as provided by law.
20.40.150 PROHIBITION OF FURTHER PERMITS OR APPROVALS.
The City shall not accept, process, or approve any application for a subdivision or any
other land use permit or approval, or issue a certificate of occupancy for property on which a
violation of this chapter has occurred until the violation is cured by restoration or other means
accepted by the Director and by payment of any penalty imposed for the violation.
20.40.160 VIOLATION - PENALTY.
(a) Any violation of any provision of this title constitutes a civil violation under BMC
Chapter 1.04 for which a monetary penalty may be assessed and abatement may be required as
provided therein.
(b) In addition to, or as an alternative to, any other penalty provided in this chapter or
by law, any person who violates any provision of this title shall be guilty of a misdemeanor
pursuant to BMC Section 1.12.020(2).
SECTION 2. Chapter 20.42 of the Bremerton Municipal Code entitled
"Definitions" is hereby created to read as follows:
Chapter 20.42
DEFINITIONS
20.42.010 GENERAL DEFINITIONS.
Terms not defined herein shall take their meaning from definitions in the comprehensive
plan, shoreline master program and other ordinances incorporated by reference. If a specific
term is not defined or referenced, it shall take its normal and customary meaning within the
context of how it is used. When not inconsistent with the context, words used in the present tense
include the future, words in the singular include the plural, and words in the plural include the
singular.
4
Zoning Code
20.42.020 DEFINITIONS.
The following terms and definitions shall be applied to the provisions of this title.
ACCESSORY DWELLING UNIT (ADU) means a second dwelling unit added to or created
within an existing single-unit residential structure (principal structure) or within a detached
accessory structure (guest house, cottage, or as part of or above a garage) for use as a complete,
independent or semi-independent living unit with provisions for cooking, eating, sanitation and
sleeping, and which complies with the design standards contained in this code for ADUs.
ACCESSORY USE, ACTIVITY OR STRUCTURE means a use, activity, structure or part of
a structure which is subordinate and incidental to the permitted principal use or building, located
on the same lot or parcel with such principal use or building, and erected or established only after
or in conjunction with the establishment of the principal use or building.
ACRE, NET means a measurement of land after subtracting public and private streets, rights-of-
way, and other unusable or non-developable areas ofland from a gross acre ofland (43,560
square feet).
ADJOINING AND ADJACENT means property that touches or is directly across a public or
private right-of-way. This does not include property across from limited access highways or
arterials with four lanes of traffic or more.
ADMINISTRATIVE HEARING EXAMINER means a person appointed with the powers set
forth in BMC Chapter 2.13. The term "administrative hearing examiner" shall likewise include
the examiner pro tem. As used in this Chapter, "Administrative Hearing Examiner" shall not
mean the Municipal Court Hearing Examiner established pursuant to BMC Chapter 2.62 of the
Bremerton Municipal Code.
ADULT BUSINESS means adult theater, adult bookstore, massage parlor as defined in BMC
Chapter 5.92, or adult cabaret.
ADULT THEATER means an establishment that presents material relating to sexual activities
and specified anatomical areas for observation and restricted to adult audiences.
ADUL T BOOKSTORE means an establishment that has a significant portion of its stock and
trade in publications relating to specify sexual activities or specified anatomical areas.
ADULT CABARET means an establishment that features entertainers or attendants dressed so
as to emphasize specific anatomical areas or whose performance or other activities include or
mimic specific sexual activities.
ADUL T F AMIL Y HOME means a residential home in which a person or persons provide
personal care, special care, room, and board to more than one but not more than six adults who
are not related by blood or marriage to the person or persons providing the services; provided,
however, any limitation on the number of residents resulting from this definition shall not be
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Zoning Code
applied if it prohibits the City from making reasonable accommodations to disabled persons in
order to afford such persons equal opportunity to use and enjoy a dwelling as required by the
Fair Housing Amendments Act of 1988,42 V.S.C. 3604(f)(3)(b).
ALLEY means any public right-of-way or thoroughfare having a typical width of at least ten
(10) feet, but generally not more than thirty (30) feet, which has been dedicated or deeded to the
public for public use and which affords only secondary means of access to abutting properties,
primarily for service purposes.
AL TERA TION, STRUCTURAL means any changes or repairs to the supporting members of a
structure, or to the configurations of the roof or exterior walls, that would prolong the life of the
supporting members of a building or structure. This does not include minor actions such as
adding a doorway or window, or attaching architectural features, appurtenances, or adornments.
ANTENNA, WIRELESS means any exterior equipment attached or mounted to a building or
tower in the form of one or more rods, panels, discs or similar devices used for the transmission
or reception of radio or electromagnetic frequency signals.
(1) Omni-directional antenna transmits and receives radio frequency signals in a 3600; radial
pattern. For the purpose ofthe provisions set forth in BMC Chapter 21.02.335, an omni-
directional antenna is up to 15 feet in height and up to seven inches in diameter. If otherwise
meeting the definition, a whip antenna is considered an ornni-directional antenna.
(2) Directional antenna transmits and receives radio frequency signals in a specific directional
pattern ofless~than 3600.
(3) Parabolic antenna is a device of generally parabolic shape for the reception and transmission
of radio frequency signals in a specific directional pattern. Also referred to as a satellite dish.
ANTENNA TOWER means any structure that is designed and construct~d primarily for the
purpose of supporting one or more antennas, including but not limited to self-supporting lattice
towers, guy towers or monopole towers.
(1) Type I Tower" means a tower up to, but not exceeding, 60 feet in height.
(2) Type II Tower" means a tower greater than 60 feet in height.
APPLICANT means a person who applies for any permit or approval to do anything governed
by this title and who has legal standing to apply for a permit or approval on the specific property.
APPURTENANCE OR APPENDAGE means a supplemental component, architectural
feature, or decoration that has been added to or extends outward from the exterior of a building
wall and is not a primary component of the structure itself. This includes bay windows, low
decks, open porches, awnings, chimneys, and other similar features.
ARCADE means a place of amusement consisting primarily of games of skill, such as video
games, pinball machines, and carnival-style skill games. An arcade may be a primary or
accessory use.
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Zoning Code
ART GALLERY means a room or series of room where art such as paintings, sculptures or
other works are exhibited.
ART STUDIO means a loft, room, group of rooms or building in which an artist works. This
includes facilities for the production of photographic works (still or motion), painting, sculpture,
dance, music or similar activities. A studio is often found in combination with a gallery or may
be an accessory use to a retail business or other use. This does not include incidental artist work
areas within a residence, which produce no odors or noise that negatively impact adjacent
properties.
ASSISTED LIVING FACILITY means a residential facility for elderly persons (age fifty-five
or older) who require moderate to extensive assistance with daily tasks such as cooking, eating,
bathing, housekeeping, dispensing of medicines, shopping, appointments and other tasks.
BAY WINDOW means a window projecting outward from an exterior wall of a structure
forming a small recess opening off of a larger room.
BED & BREAKFAST means an owner managed and occupied residential single-unit dwelling
in which rooms or other overnight accommodations are rented on a nightly basis. Meals may be
included that are included as part of the basic compensation. This does not include group
residential homes, boarding and rooming houses.
BOARDING, ROOMING HOUSE means a single-unit residential structure in which rooms
without kitchens are provided for non-transient persons and may include meals. This does not
include licensed care providing facilities.
BUFFERING means a structural, earthy, or vegetative form used to minimize the impacts of
one land use upon another. A buffer may include anyone or a combination of fences, walls,
berms, high shrubs, trees, or other landscaping. Distance separation is also a form of buffering.
BUILDING CODE means the International Building Code and related codes as amended and
adopted by the City of Bremerton.
BUILDING ENVELOPE means the three-dimensional space within which a structure is
permitted to occupy. Height, Floor Area Ratio, setbacks, lot coverage and similar restrictions
establish the building envelope.
BUILDING LINE means a line on a lot, generally parallel to property lines and located a
sufficient distance from the property lines to provide the minimum yard areas required by this
code. Building lines establish the area within which buildings are permitted and does not
necessarily correspond with the location of any existing structures or other improvements.
CARETAKER means a person who maintains or watches over someone else's land or property
on a part- or full-time schedule. The caretaker may live on the property or elsewhere.
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Zoning Code
CARETAKER RESIDENCE means an accessory dwelling unit provided by the owner ofa
property to be used exclusively as living quarters for the caretaker(s) of that property.
CAR WASH means a business engaged in washing, waxing, polishing, and general cleaning of
automobiles, small trucks, light utility vehicles and small recreational vehicles, but that is not
designed to handle larger commercial trucks and buses. It includes self-service, full-service, and
automated car washes and auto detailing services.
CENTER, COMMUNITY OR NEIGHBORHOOD means a facility operated by a public
agency or non-profit organization for social gatherings; learning; recreation; programs to
promote economic independence; and similar functions to improve life skills and increase socio-
economic opportunities for neighborhood or community residents of all ages.
CENTER, SENIOR means a facility designed and equipped to serve the social and recreational
needs and interests of senior citizens and offering the same general types of activities available in
a neighborhood or community center.
CENTER, YOUTH OR TEEN means a facility offering some or all of the types of activities
commonly found in a community or neighborhood center but tailored specifically to provide for
the needs and interests of the under-21 age group.
CHANGE OF USE means a change in the utilization or occupancy of a property or building
from one use to another.
WORSHIP, RELIGIOUS, CHURCH FACILITY means a building or structure primarily
intended as a place for public worship and related activities such as religious education, meeting
halls, and kitchens or places for personal worship or meditation. It does not include pre-schools,
parochial schools, day care facilities, major recreational facilities, vehicle or equipment storage
yards, or other functions that are not clearly a necessary or integral part of the religious
institution.
CITY means "City" shall mean the City of Bremerton, Washington.
CLINIC means an establishment used for the mental and physical care of human patients, but
which excludes facilities for overnight patient care.
DAY CARE FACILITY means a facility licensed by the State of Washington and approved by
the City to provide regular care for adults or children for periods ofless than 24 hours.
DECK Means an open platform wider than 18 inches. A deck may be free-standing,
cantilevered from a building, or connected to the ground with steps or ramps. A deck that is
higher than 30 inches above finish grade may be referred to as a raised deck, a rooftop deck, a
balcony, or other suitable term.
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Zoning Code
DELICATESSEN means an establishment selling cooked or preserved foods such as meats,
prepared salads, desserts, cheeses, pickles, sandwiches, soft drinks, etc., generally for
consumption off the premises.
DENSITY means a measure of residential concentration, usually expressed as the number of
dwellings per acre ofland. For example, a 100-acre area containing 300 dwellings has a "gross"
density of three dwellings per acre. "Net" density is determined by using the acreage total after
all undevelopable areas (streets, open space, wetlands, etc.) have been removed. The U.S.
Census Bureau defines "rural density" as 200 persons per square mile or about one dwelling per
ten acres.
DENSITY, MAXIMUM ALLOW ABLE means the number of dwellings per gross acre as
stated for each zone.
DEPARTMENT STORE means a retail commercial store that consists of a variety of specialty
departments that are interconnected within the same structure and under the same ownership,
such as jewelry, clothing, shoes, automotive products, sporting goods, etc.
DETOXIFICATION CENTER means a facility providing for the care and treatment of an
intoxicated person during the period in which the person recovers from the transitory effects of
acute intoxication.
DIRECTOR means Bremerton's Director of Community Development and his/ her designee.
DRINKING PLACE means an establishment selling intoxicating beverages for consumption on
the premises.
DRIVE-THROUGH FACILITY means an automobile-oriented facility designed primarily for
drive-through trade, and which provides service and caters to patrons while in their motor
vehicles. This does not include gas stations, service stations, and auto repair garages.
DUPLEX means a structure containing two dwelling units on a single lot.
DWELLING, CONVENTIONAL means any building or structure that is built or assembled
(in the case of a modular structure) on the site and in conformance with the provisions ofthe
Uniform Building Code (UBC).
DWELLING, MODULAR or FACTORY BUILT means buildings or structures that are
constructed primarily in a factory and transported to the site for assembly or installation. All
temporary wheels, axles, and other appliances used in the transport are removed at the
destination and the structure is permanently placed, unless approved as a temporary placement
by the City. Such structures are constructed to the standards of either the Uniform Building
Code (UBe), or the HUD Code. (Also see: Manufactured Home)
DWELLING, MULTI-UNIT STRUCTURE means a structure containing three or more
dwelling units. (Also referred to as "multi-family" structure.)
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Zoning Code
DWELLING, SINGLE-UNIT STRUCTURE means a structure containing one dwelling unit.
(Also referred to as a "single-family" dwelling, or a "house".)
DWELLING, SINGLE-UNIT ATTACHED means two single-unit dwellings (houses) that are
attached at a common side lot line with each dwelling located entirely on its own lot. This does
not include row houses or other housing types having more than two attached units.
DWELLING UNIT means a living space or combination of rooms designed to provide
independent year-round living facilities for one family or household, constructed to the minimum
standards of the UBC or HUD Code, and with provisions for sleeping, eating and sanitation.
FACTORY OUTLET means a retail store that sells products predominantly from a single
manufacturer. It may be within the same building or on the same site as its manufacturing
facilities, or at another location. A single manufacturing business may have many factory outlet
stores, often located with similar stores in "outlet malls". When sited independently of its
manufacturing facilities, a factory outlet store is permitted in the same manner as any other retail
store selling similar merchandise.
FENCE means a structure built to prevent escape or intrusion, or to provide privacy, screening,
or buffering from noise or other undesirable impacts or activities beyond the property line. Also
includes freestanding walls.
FOOD/BEVERAGE TAKE-OUT means a business establishment that specializes in fast
service sales oflimited food products such as sandwiches, hot dogs, packaged lunches, and hot
and cold drinks, and that has no indoor customer seating. Such facilities may include pedestrian
oriented or vehicular drive-through food booths, espresso stands, juice bars or similar facilities.
Such facilities are located on permanent sites and should not be confused with street vendors.
FOSTER HOME means a dwelling unit in which a full-time resident provides temporary care
and supervision on a full-time basis to not more than six foster children, three expectant mothers,
or three other adults requiring full-time care.
GRADE means the lowest point of elevation of the finished surface of the ground, paving or
sidewalk within the area between the building and the property line. When the property line is
more than five feet from the building, grade is the lowest point of elevation of the finished
surface between the building and a line five feet from the building. For structures built over
water, grade shall mean the elevation of the ordinary high water mark.
GRADE, EXISTING means the grade or topography existing prior to any excavation, clearing,
grading or filling.
GRADE, AVERAGE FINAL means the average of the final grade that will be directly under
the proposed building or structure. Calculations of the average final grade shall be made by
averaging the elevations at the center of all exterior walls of the proposed building or structure.
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Zoning Code
GREENHOUSE see "Nursery and Greenhouse"
GROSS FLOOR AREA means the sum of all horizontal areas of floors of a structure when
measured from the exterior faces of exterior walls; including glazed or screened porches.
GROUP RESIDENTIAL means shared living quarters without separate kitchen facilities for
each room or unit. This classification includes group care residence for those whose permanent
residence is the group residential facility. It does not include transient lodging. This definition
shall not be construed to include crisis care facilities, detoxification centers or housing of
sexually violent predators, as defined in RCW 71.09.020(16).
GROUP RESIDENTIAL FACILITY - CLASS 1 (ASSISTED LIVING) means a group care
residence for seven or more children and/ or adults who for various reasons cannot reside in their
natural homes; and/or for persons who have severe chronic disabilities or physical handicaps that
cause substantial functional limitations. This facility may provide physical therapy and training
in social skills. It does not include facilities to which persons are assigned as a result of criminal
conviction or those where residents, individually or by their legal guardians, are not free to
terminate their residency at will.
GROUP RESIDENTIAL FACILITY --- CLASS II means a group care residence for juvenile
delinquents, the mentally ill, persons serving a sentence in lieu of confinement, persons needing
correctional or mental rehabilitation, or persons needing rehabilitation and treatment for social
and/or family problems, drug or alcohol addiction, or abuse. This definition includes programs
providing alternatives to imprisonment; transition back into the community including pre-
release, work-release, and probationary programs that are under the supervision of a court, State,
or local agency. Teaching of work or social skills may be provided in this class facility but it
does not include drug or alcohol detoxification centers.
GROUP RESIDENTIAL HOME means a residential home in which a person or persons
provide personal care, special care, room, and board to more than one but not more than six
children and/or adults who are not related by blood or marriage to the person or persons
providing the services; provided, however, any limitation on the number of residents resulting
from this definition shall not be applied if it prohibits the City from making reasonable
accommodations to disabled persons in order to afford such persons equal opportunity to use and
enjoy a dwelling as required by the Fair Housing Amendments Act of 1988,42 V.S.C.
3604(f)(3)(b).
HOMEOWNERS ASSOCIATION means an association of homeowners that has
responsibility for commonly owned property within its residential development and which
enforces covenants and restrictions on commonly owned areas or private property.
HOME OCCUPATION means any non-residential use carried out for monetary gain, which is
secondary to the use of the property for residential purposes, and which is operated in accordance
with the Home Occupation standards of this code.
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Zoning Code
HOSPITAL means a licensed institution providing primary health care services and medical or
surgical care to persons, primarily inpatients, suffering from physical or mental conditions, and
which may include related facilities as an integral part of the institution.
HOTEL means an establishment that offers transient lodging accommodations to the general
public, and which may provide such related services such as restaurants, meeting rooms, gift
shops, beauty shops and recreational facilities.
HOTEL, RESIDENTIAL or INN means a hotel that is oriented toward medium-term or long-
term residents, with rooms offered at a weekly or monthly rate. Such a facility might also be
oriented toward seasonal residents, persons with a particular need or income level, or persons
employed in the area for a short time.
HOUSEHOLD means all persons, regardless of age, sex, or family relationships, that reside as a
single unit in a dwelling intended for single household occupancy. Such group quarter facilities
as dormitories, boarding houses, nursing homes or similar accommodations typically do not
provide facilities for households.
IMPERVIOUS SURFACE means any material which reduces or prevents absorption of
stormwater into previously undeveloped land.
JUNK YARD means a place where discarded or salvaged. materials are bought, sold, exchanged,
stored, baled, packed, disassembled, or otherwise handled. This includes automotive wrecking
yards; house wrecking yards, and storage of structural steel materials and equipment, but does
not include used or salvaged machinery in operable condition nor the processing of used,
discarded or salvaged materials as a minor part of manufacturing operations.
KENNEL means an establishment where five or more domestic animals older than six months
are kept, whether for compensation or not. This does not include veterinary clinics/hospitals, pet
shops or zoos.
LOADING AREA means an area designed and intended for the temporary parking of a vehicle
while loading or unloading passengers, merchandise or other materials.
LOT means any area, tract or parcel of land owned by or under the lawful control and in the
lawful possession of one distinct ownership undivided by a dedicated street or alley or another
ownership, and which has a minimum of twenty feet of frontage on a street.
LOT AREA means the area within the boundary lines of a lot. When creating new lots, the
calculation for each new lot area shall not include public and private streets, wetlands, and other
areas that may be restricted from use or from the types of development allowed by the zone in
which the property is located.
LOT, FLAG means a lot with access to its street by way of a narrow strip ofland having a
minimum width of twenty (20) feet. A flag lot consists of two parts.
1. The "flag" or main body of the lot; and
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Zoning Code
2. The "panhandle" or narrow access way connecting the body of the lot to the street.
LOT, WATERFRONT means a lot of which any portion abuts wetlands or any water body
regulated under the Bremerton Shoreline Master Program.
LOT COVERAGE means that portion of a lot covered by the roof areas of all structures. This
shall not include open decks, except if it provides a roof over occupancy underneath.
LOT DEPTH means the horizontal distance between the front and rear property lines of a lot,
measured along a line midway between the side property lines. The depth of an irregular lot or a
lot having more or fewer than two side lots lines will be determined in the most reasonable
manner, based on the lot's longest average dimension.
LOT LINE, FRONT means any property line that abuts a public street, private street, alley (if
the alley provides primary access) or Ordinary High Water Mark; and is considered a frontage.
LOT LINE, REAR means the property line most opposite or most distant from the designated
front lot line and does not intersect any front lot line. Comer lots do not have rear lot line.
LOT LINE, SIDE means any lot line not defined as a front or rear lot line, or any lot line that
intersects a front lot line.
LOT WIDTH means the average horizontal distance between side lot lines, measured at right
angles to the lot depth line. The Director may use reasonable modifications to this procedure
when determining the width of an irregular lot.
MANUFACTURED HOME means a single-family dwelling required to be built in accordance
with regulations adopted under the national manufactured housing construction and safety
standards act of 1974 (42 U.S.C. 5401 et seq.) The unit shall bear an insignia issued by a State
or Federal regulatory agency indicating that the manufactured home complies with all applicable
construction standards of the U.S. Department of Housing and Urban Development (HUD).
Commercial coaches, recreational vehicles, travel trailers, and motor homes are neither
manufactured homes nor dwelling units. (See Mobile Home.)
MARINA means a facility which provides moorage or wet or dry storage for watercraft or float
planes, and which may offer marine-related sales and services.
MEDICAL LAB ORA TORY means a facility primarily engaged in providing analytic or
diagnostic services on human specimens, including body fluid or body tissue, or performing
diagnostic imaging, to government agencies, to the medical, dental, or other health service
professions or to the patient; includes the fabrication of dentures, eyeglasses and contact lenses,
and prosthetic devices.
MOBILE HOME means a factory-built dwelling built before June 15, 1976, to standards other
than the national manufactured housing construction and safety standards act of 1974 (42 U.S.C.
5401 et seq.), and acceptable under applicable state codes in effect at the time of construction or
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Zoning Code
introduction of the home into this state. Mobile Homes are accommodated within some existing
mobile home parks, but are not allowed on individual lots. (See Manufactured Home.)
MOTEL means a facility that offers transient lodging accommodations to the general public,
with at least 25 percent of all rooms having direct access to the outside without the necessity of
passing through the main lobby of the building. A motel may include in-room kitchen facilities
and may offer laundry facilities, exercise rooms, pool, flower and gift shops, travel services,
restaurant, banquet and convention facilities as accessory functions.
MUSEUM means a building, room, vessel (boat or ship), or site intended for the preservation
and exhibition of artistic, historical, or scientific objects. In the interests of local historic
preservation, the Land Use Tables allow the use of historically significant buildings in residential
areas to be used as museums.
NONCONFORMING LOT means a lawfully created lot which has characteristics that no
longer conform to the applicable standards and regulations for the zone in which it is now
located.
NONCONFORMING STRUCTURE means a structure that was legally constructed under the
codes in place at that time, but does not comply with currently required setback, height, lot
coverage, or other development standards of the zone in which it is now located.
NONCONFORMING USE means any activity, development or condition that was legally
established prior to the effective date of this or other applicable code requirements and which
would not be permitted under today's codes. (Such uses are often referred to as "grandfathered"
and may continue to exist and operate legally.)
NURSING HOME means any home, place or institution which operates or maintains facilities
providing convalescent or chronic care, or both, for a period in excess of twenty-four consecutive
hours for three or more patients not related by blood or marriage to the operator, who by reason
of illness or infirmity, are unable properly to care for themselves. Convalescent and chronic care
may include but not be limited to any or all procedures commonly employed in waiting on the
sick, such as administration of medicines, preparation of special diets, giving of bedside nursing
care, application of dressings and bandages, and carrying out of treatment prescribed by a duly
licensed practitioner ofthe healing arts. It may also include community-based care. This does not
include group residential facilities, hospitals, sanitariums, or treatment centers.
NURSERY and GREENHOUSE means facilities used for the propagation and sale of
agricultural or ornamental plants and related products:
1. Retail Nursery/Greenhouse: Offers products to the general public including plant
materials, planter boxes, fertilizer, sprays, garden tools, and related items.
2. Wholesale Nursery/Greenhouse: Raises nursery stock for sale to retail nurseries or
other businesses.
3. Greenhouse: A nursery facility constructed with transparent or translucent materials
for indoor propagation of plants. A private greenhouse with no commercial sales is
considered an accessory use.
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Zoning Code
OPEN SPACE means any area which provides physical or visual relief from the developed
environment. It may consist oflands that are improved or unimproved, and public or private.
Within the urban environment, open space may include linear streetscapes, view corridors,
shoreline areas, mini-parks, pedestrian corridors, and areas reserved or used for stormwater
retention, drainage, wetland protection, etc. For zoning and development purposes, specific
areas may be required for outdoor recreation, resource or sensitive areas protection, amenities,
safety, or buffering. The calculations of areas designated to meet open space requirements may
not include driveways, parking areas, required yard areas, land occupied by buildings or
structures, nor other impervious surfaces that are not related to the open space.
OUTDOOR ATHLETIC FIELDS means outdoors facilities used for sporting activities such as
softball, baseball, football, soccer, running track, tennis complex and other non-motorized sports.
Outdoor atWetic fields may include bleachers, concession stands, lights, restrooms and other
supporting facilities.
OVERLAY ZONE means a set of land use and development requirements designed to be
applied over, or in addition to, the requirements of the underlying zone for a specific purpose
without removing or modifying the underlying zone. Common examples are design review
overlays and parking overlays.
PARCEL means a continuous quantity of land in single ownership or under single control,
consisting of one or more lots, and considered a unit for purposes of development. (See "Lot")
P A YED SURF ACE means a surface paved with asphalt, concrete, concrete pavers, or brick but
excluding gravel, crushed rock, and similar materials.
PERSONAL SERVICE BUSINESS means an establishment engaged primarily in providing
services involving the care of a person or apparel, such as; shoe repairs, laundry and dry-
cleaning, beauty and barber shops, clothing/costume rental, tanning, other personal grooming
facilities and domestic assistance services. This does not include massage parlors, health care
services, exercise establishments, nor funeral services.
PIER means a fixed structure, or a permanently moored floating structure, built over tidelands or
shorelands, and used for a marine landing or moorage for watercraft.
PORCH means a roofed open area attached to a building or other structure, usually at an
entrance to the structure. A porch that is enclosed, glazed or screened, may lose its status as an
appurtenance.
PRIVATE CLUB OR LODGE means structures, facilities and grounds owned or operated by a
private or fraternal organization for use by its members and guests.
PUBLIC FACILITIES means facilities provided for the benefit ofthe general public including
streets, roads, highways, sidewalks, street and road lighting systems, traffic signals, domestic
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Zoning Code
water systems, storm and sanitary sewer systems, parks and recreational facilities, public
schools, and other public buildings.
PUBLIC SERVICES means services provided for the benefit ofthe general public, including
fire protection and suppression, law enforcement, public health, education, information,
recreation, environmental protection, development assistance/permitting, etc.
RECREATIONAL VEHICLE means a vehicular-type unit primarily designed for recreational
camping or travel use that has its own motive power or is mounted on or towed by another
vehicle. The units include, but not limited to, travel trailers, fifth-wheel trailers, folding camping
trailers, truck campers, and motor homes, motorcycles, snowmobiles, etc.
RECREATIONAL VEHICLE PARK means a facility designed to provide two or more sites
on which to park travel trailers, motor homes or similar recreational vehicles for periods not to
exceed 30 days. Accessory uses to an "RV Park" often include a swimming pool, playground
equipment, convenience store, bathing and laundry facilities, and other camping/travel services.
RECYCLING CENTER means a facility for the collection, storage and processing of
recyclable materials including crushing, breaking, sorting, packaging and related operations. A
"junk yard" is not a recycling center.
RECYCLING COLLECTION STATION means a facility consisting of structures, bins, or
other containers designed or intended for the collection and temporary storage of recyclable
materials until they are picked up and transported to another location for processing and/or
packaging.
RECYCLING COLLECTION STATION (LIMITED) means a recycling collection station
for the collection of glass, tin cans, aluminum, cardboard, newspaper, magazines, plastics, and
other recyclables in small units, but not including large appliances, furniture, auto parts, tires,
hazardous or liquid wastes, or any forms of domestic garbage (putrescible wastes).
REHABILITATION means the upgrading of a building from a dilapidated or substandard
condition.
RESIDENTIAL, AS SECONDARY USE means when permitted in a non-residential zone, a
residential land use is not always accessory to other uses, but is considered secondary and
subordinate to the principal uses of that zone. Residential uses are placed in locations that don't
conflict with street level frontage locations that are reserved for retail, office and other business
uses that comprise the primary function ofthat zone. (See design standards)
RESTAURANT means a commercial use (excluding fast food establishments) which sells a
variety of prepared food and beverages and provides accommodations for consuming those
products on the premises.
RESTAURANT, FAST FOOD means an establishment whose principal business is the sale of
a limited variety of pre-prepared or rapidly prepared food and beverages directly to the consumer
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Zoning Code
for consumption either on or off premises. Food is generally not served to the customers' tables,
but is more often dispensed through a walk-up counter or drive-through take-out window.
REZONE means a formal amendment to the Official Zoning Map of the City of Bremerton to
change the zone designation of one or more lots. (also referred to as a Zoning Map Amendment)
SENIOR CITIZEN means an individual of 55 years of age or older.
SENIOR HOUSING COMPLEX means a planned residential community, intended and
operated for occupancy by senor citizens, which consists of any mix of detached single family or
duplex dwellings and/or retirement apartments, wherein, at least 80% of the occupied units are
occupied by at least one Senior Citizen.
SETBACK means the required horizontal distance between the finished exterior wall of a
structure and the lot line of the lot on which it is located.
SETBACK, PERIMETER means the required distance between the allowed building envelope
and the exterior lot lines of a Planned Unit Development. This does not apply to interior lots.
SCHOOLS, PUBLIC means an institution ofleaming operated by a public school district and
including colleges. This may include schools operated by a non-profit organization.
SCHOOL, PRIVATE means privately owned and operated schools including private colleges,
Montessori schools and similar.
SCHOOL, PAROCHIAL means an institution having a curriculum equivalent to that of a
public school but supported and controlled by a recognized religious organization.
SCHOOL, BUSINESS & TRADE means an institution providing instruction and training in a
specific service, art, or trade such as secretarial, real estate, travel, auto or machinery repair,
welding, etc.
SIDEWALK VENDOR means a person(s) who sells edible or non-edible merchandise from a
stand, booth, cart, basket, tray, table or other device on any sidewalk, street, highway or public
place. They are not categorized as a land use.
SIGN means any communication device, structure, or fixture which is intended to identify a
building, use, business, or event; or to promote the sale of products, goods or services; using
graphics, letters, figures, symbols, trademarks or written copy. Painted wall designs or patterns
which do not represent a product, service or registered trademark, and which do not identify the
user, are not considered signs. (See "Sign Provisions" of this code)
STADIUMS AND SPORTS COMPLEXES means a large structure for open-air sports and
entertainment generally consisting of tiered seating where people can sit and watch games. Field
houses and facilities for serving food are often included.
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STORAGE YARD means an outdoor area where vehicles, equipment, merchandise, raw
materials, or other items are accumulated and stored for an indefinite period until needed.
Storage yards are often used in conjunction with a warehouse, storage buildings, sheds or other
structures and may be public or private. Unless a function of a government agency or public
utility, storage yards are considered accessory to a business or other principal use.
STORY means that portion of a building that extends from the floor surface to the surface of the
floor above or, in the case of a top floor, to the ceiling or roof above. If a finished floor level is
more than six feet above the finished grade for more than fifty percent of the total perimeter, the
area beneath that floor shall be considered a story.
STREET means the improved section of any public or private right-of-way intended primarily
for motor vehicle travel and which affords the principal means of access to abutting property,
together with bicycle lanes, sidewalks, and related improvements.
STREET, PRIVATE means a parcel at least 20 feet in width, created specifically to provide
motor vehicle access to abutting properties, the owners of which share in its ownership and
maintenance responsibilities.
STRUCTURE means that which is built or constructed.
STRUCTURE, ACCESSORY means a structure that is incidental and subordinate to a
principal structure and which is customarily found in connection with the principal structure and
located on the same lot or parcel.
STRUCTURE, PRINCIPAL means a structure containing one or more principal uses, as
permitted by the zone in which the property is located.
STRUCTURE, TEMPORARY means a structure which does not have, nor is it required by the
Uniform Building Code to have, a permanent attachment to the ground but is subject to building
permits.
TOWNHOUSE for purposes of this code, a townhouse is a single-unit structure in a row of at
least three such units in which each unit has its own front and rear access to the outside, no unit
is located over another, and each is separated from any other unit by one or more common fire
resistant walls. Ownership of each unit includes ownership of an individual parcel of land
beneath the unit and usually includes a privately-owned outdoor area as well (private yard or
open space). The remainder of the grounds, private streets or driveways, and recreational
facilities are owned in common, similar to condo ownership.
TRANSIENT PERSON means a temporary lodger who stays no longer than 30 days per visit.
USE means the purpose or activity for which land or improvements are intended, occupied or
maintained.
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USE ACCESSORY means a use that is incidental and subordinate to a principal use, which
customarily is found in connection with the principal use, and which is located on the same lot or
parcel such as a private garage, hobby shop, workshop, personal greenhouse, and required off-
street parking.
USE, PRINCIPLE means the primary or main use conducted or allowed on a lot or parcel.
USE, CONDITIONAL means a use that is not permitted "outright", but may be approved
through a Conditional Use Permit process. Conditional Use shall have the same meaning as
"Special Use" as employed in Bremerton Municipal Code.
USE, SPECIAL means a use that is not permitted "outright", but may be approved through a
Special Use Permit process. Special Use shall have the same meaning as "Conditional Use" as
employed in Bremerton Municipal Code.
USE, TEMPORARY means a use that may occur on a lot on a short term or seasonal basis for a
prescribed period oftime, which usually does not exceed a six-month duration during a twelve-
month period.
VARIANCE means official permission to be relieved from specific development code
requirements that cause an unusual or unreasonable hardship due to the physical characteristics
of the site or existing improvements.
VESTING a fully completed development application is "vested" at the time it is received by
the permitting authority. The development may then be processed, permitted and carried out
under the zoning, land division, and other regulations that were in effect when vesting occurred.
VETERINARY CLINICS AND ANIMAL HOSPITALS means a facility providing routine
and emergent medical attention to domestic pets and other animals.
YARD means that portion of a lot that lies between a lot line (property line) and the building
line. (See Figure 070(d).)
FRONT YARD: The yard area extending the full width of the front of a lot between the
front property line (lot line) and the front building line.
REAR YARD: A yard extending the full width of the lot between the rear property line
(lot line) and the rear building line. When irregular lots, through lots, and comer lots
have no rear lot lines, they will have no rear yard areas as defined.
SIDE YARD: A yard between the side lot line and the side building line and extending
from the front yard to the rear yard. Triangular lots, comer lots, or other irregularly
shaped lots may have only front and side yards. Through lots generally have two front
yards and two side yards, but no rear yard as defined.
YARD, CONSTRUCTION OR STORAGE See "Storage Yard".
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ZERO LOT LINE means the location of a building on a lot in such a manner that one of its
sides rests directly on a side lot line with no setback.
SECTION 3. Chapter 20.44 of the Bremerton Municipal Code entitled "General
Development Standards" is hereby created to read as follows:
CHAPTER 20.44
GENERAL DEVELOPMENT STANDARDS
20.44.010 FRONT YARD
(a) The front yard is the area extending the full width of the front of a lot between the
front lot line and the front building line. Structure intrusions into front yard setbacks are
prohibited except:
(1) Eaves, cornices, awnings, bay windows, architectural appendages,
fireplaces, chimneys and may project not more than two (2) feet into the front yard setback;
(2) Decks, platforms, porches, steps, walkways, and driveways that do not
exceed thirty inches (30") in height above the finished grade;
(3) Raised decks, high or enclosed porches, balconies or similar architectural
appendages that extend more than thirty inches (30") above finished grade may project not more
than six feet (6') into the front yard setback;
(4) Free standing signs may project not more than six feet (6') into the front
yard setback; and
(5) Fences and free-standing walls;
(b) Requirements for lots with more than two (2) front yards
(1) Through Lot: have two (2) front property lines parallel or approximately
parallel to each other. Front yard setbacks shall apply to each. The Director may designate one
of the front property lines a rear property line provided the following criteria are met:
(i) Orientation of the lot or structure shall be considered;
(ii) At least 60 percent of the lots/ or structures within the
neighborhood block, or area being considered, are oriented in a similar direction away from the
lot line being designated as a rear lot line;
(iii) In the case of waterfront properties, the portion of a lot facing
views or waterfront may be designated the front lot line, in which case the only street frontage
could be designated its rear lot line.
(2) Comer Lots: have abutting streets that intersect. The front yard setbacks
shall apply to each front property line.
20.44.020 TRADITIONAL FRONT YARD
In residential zones, front yard areas the Director may modify the front yard setback
according to the following criteria.
(a) When sixty (60) percent or more of the houses or garages/ carports within a
numbered block on the same side ofthe street as the subject property are setback less than the
required zoning front yard setback, the average setback of the existing nonconforming structures
may be used to establish the minimum front yard of all properties fronting on that side of the
street;
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(b) No new structure may be setback less than five (5) feet from the front of the
structures on the adjoining lots; and
(c) The minimum front yard setback shall not be less than five (5) feet.
20.44.030 SIDE YARD
The side yard is the area extending between the side lot line and the side building line and
extends from the front yard to the rear yard. Triangle lots, comer lots and other irregular lots
may have only front and side yards and no rear yards. Structure intrusions into a side yard are
prohibited except as follows:
(a) Eaves, cornices, awnings, fireplaces, and chimneys may project not more than
two (2) feet into the side yard setback;
(b) Platforms, steps, walkways, and driveways (does not include parking spaces) that
do not exceed thirty inches (30") in height above the finished grade; and
(c) Fences and freestanding walls.
20.44.040 REAR YARD
The rear yard is the area extending the full width of the lot between the rear lot line and
the rear building line. Structure intrusions into a rear yard setback are prohibited except:
(a) Eaves, cornices, awnings, architectural appendages, fireplaces, chimneys and
permitted signs may extend no more than two (2) feet into the required rear yard area setback,
and are no closer than three (3) feet from any lot line.
(b) Decks, platforms and open uncovered porches provided they do not exceed thirty-
(30) inches in height above the finished grade and are no closer than three (3) feet from any lot
line.
(c) Fences, freestanding walls, steps, walks and driveways.
20.44.050 AL TERNA TIVE SETBACKS
The Director may approve alternative setbacks that generate a public benefit provided the
following criteria are satisfied.
(a) Total site area within setbacks shall be equal to or exceed that created by
adherence to the standard setbacks;
(b) There shall be a finding of public benefit that is consistent with the goals and
policies of the Comprehensive Plan. An example of public benefit includes but is not limited to
reduction of setback adjacent to a street or other public right of way in exchange for increased
setback from a development-sensitive environment such as a wetland or an existing incompatible
land use; and
(c) The development plan shall not be inconsistent with the intent of any provision of
the Zoning Code.
20.44.060 ACCESSORY STRUCTURE SETBACKS
(a) Accessory structures shall observe the front yard setbacks requirements of the
zone in which they are located.
(b) Accessory structures in Residential zoning districts may be constructed no closer
than three (3) feet from the side or rear property lines that adjoin other property. No setback is
required if the side or rear property line adjoins an alley.
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Zoning Code
(c) Accessory structures for the keeping of livestock or fowl shall conform to the
requirements of Bremerton Municipal Code, Chapter 7.08.700.
(d) Accessory structures on adjacent lots, that are not attached to their principal or
any other structures, may be attached to each other at a side or rear property line (zero-lot-line)
with approval of a Special Use Permit and if designed in accordance with IBC requirements for
such structures.
20.44.070 MEASURING THE HEIGHT OF A STRUCTURE
The height of a building or structure shall be measured as the distance from the average
final grade to the highest point of the structure. Exceptions: Penthouse for elevators, firewalls,
chimneys, and flagpoles, may exceed maximum height limits. None of these exceptions to the
height regulations shall be used for advertising of any kind.
20.44.080 CALCULATING LOT AREA
Lot area shall include all areas within the exterior lot lines exclusive of water areas. Lot
widths, depths and setbacks on shoreline lots are measured from the ordinary high water mark.
20.44.090 ROUNDING OF FRACTIONS OF DWELLING UNITS
The number of dwelling units allowed on property using density calculations is
determined by dividing the lot size by the number of square feet permitted per dwelling unit.
When this number results in a fraction, round up to the next whole number (unit) when the
fraction of whole number is at least 0.66.
20.44.100 FLAG LOTS
A flag lot is defined as a lot with access to a street by way of a narrow strip ofland. The
lot consists oftwo parts: the "flag" or main body ofthe lot and the "panhandle" or the narrow
access way connecting the lot to the street.
(a) When creating new lots the following standards shall apply:
(1) The minimum lot size shall be 150 percent of the minimum lot size of the
underlying zone;
(2) The "panhandle" shall have a minimum width of twenty (20) feet wide;
(3) The minimum lot width and depth of the "flag" shall be the same as the
underlying zone;
(b) Flag lot dimensions shall be measured from the mid-point between two opposite
lot lines of the "flag" body of the lot.
(c) The yard setbacks shall be the same as underlying zone setbacks, except the front
yard setback area shall be applied per Figure 20.44.100 (see appendix).
(d) In those case where BMC 20.44.1 OO( c) cannot be applied, the property line that
most closely parallels the street from which the lot gains its access shall be deemed the front lot
line and front yard setbacks shall be measured from that line.
(e) The access way or driveway shall be under the same ownership as the body of the
flag lot. An easement shall not be used as a method of providing access to the body of the flag
lot.
(t) The panhandle shall provide access to a paved and dedicated public right-of-way
or a private street. Flag lots shall not be created in order to avoid providing turnarounds per City
engineering street standard.
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SECTION 4. Chapter 20.46 ofthe Bremerton Municipal Code entitled "Special
Development Standards" is hereby created to read as follows:
CHAPTER 20.46
SPECIAL DEVELOPMENT STANDARDS
20.46.010 ACCESSORY DWELLING UNITS
An Accessory Dwelling Unit (ADU) may be installed where an existing or new single-
family dwelling unit (hereafter principal unit) is allowed. Accessory Dwelling Units are exempt
from density requirements and shall be subject to the following specific development, design and
owner-occupancy standards.
(a) The ADU shall comply with the development standards of the underlying zone for
the principle unit including setbacks, height, and lot coverage.
(b) The ADU may be attached to, or detached from, the principle unit.
(c) Only one ADU may be created per residence.
(d) The property owner, which shall include titleholders and contract purchasers,
must occupy either the principle unit or the ADU as their permanent residence, but not both, for
at least six (6) months out of the year.
(e) The ADU shall be limited to not more than:
(1) Forty (40) percent of the principle unit's total floor area (not including
basement);
(2) 800 square feet maximum, nor less than 200 square feet;
(3) Two (2) bedrooms.
(t) The ADD shall be designed so that, to the degree reasonably feasible, the
appearance of the building remains that of a single-family residence including the following:
(1) Constructed of the same materials and siding as the principle unit;
(2) The roof shall be of equal or greater pitch as the principle unit;
(3) Shall not have a height greater than the principle unit.
(g) The principle entrance to the ADU shall be located in such a manner as to be
unobtrusive from the same view of the building, which encompasses the entrance to the principle
uni t.
(h) Accessory Dwelling Units with up to one bedroom shall provide one (1) off-street
parking space, and ADUs with two-bedroom shall provide two (2) off-street parking spaces in
addition to that which is required for the principle unit.
(i) When development of the ADD is for people with disabilities, the Director may
allow reasonable deviation from the stated requirements to install features that facilitate
accessibility such as those required by the International Building Code.
m The ADU shall have a deed restriction recorded with the Kitsap County Auditor
to indicate the presence of the ADU, the requirement of owner-occupancy, and other standards
for maintaining the unit as described above.
(k) Cancellation of an ADU's registration may be accomplished by the owner filing a
certificate with the Director for recording at Kitsap County Auditor, or may occur as a result of
enforcement action.
20.46.020 FENCES AND WALLS
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Zoning Code
(a) Fences and walls shall observe the following height and setback requirements:
(1) Residential Zones:
(i) Maximum height shall be six (6) feet.
(ii) Maximum height within the front yard setback area shall be three
(3) feet; except an open mesh cyclone type fence may not exceed a height of 48 inches.
(iii) On corner lots with a specified front yard setback on each street
frontage, the Director can determine that the street frontage of the residence's principal
orientation is a "primary frontage" and may permit a six (6) foot maximum height fence in the
yard on the other (secondary) frontage only if all of the following conditions are met:
a. The higher fence will not block any existing front yard
views from an adjoining residence with its principal orientation to that same street;
b. The higher fence will not be closer to the residence's front
property line on the street of principal orientation than the closest part of the front fayade of the
residence;
c. The higher fence will not encroach into the front yard of
the primary frontage where the maximum height limit in BMC 20.46.020(a)(I)(ii) takes
precedence.
(2) Commercial Zones:
(i) Maximum height shall be eight (8) feet.
(ii) Maximum height shall be six (6) feet when adjacent to a public
right-of-way, or to a residential zone.
(3) Industrial Zone:
(i) Maximum height shall be ten (10) feet.
(ii) Maximum height shall be six (6) feet when adjacent to a public
right-of-way, or to a residential zone.
(b) A Type II Special Use Permit may be granted for fences or walls up to eight (8)
feet high in a side or rear yard only if all of the following criteria are met:
(I) The fence or wall is necessary to provide privacy and security between a
residential and a non-residential use; and
(2) The design of the fence will present a "finished" appearance on its outside
face.
(c) Fences and walls shall not block or hinder the sight distance of traffic. Exact
location and design of a fence or wall is subject to the approval of the City Engineer when
visibility or public safety is an issue.
(d) No electric or electrified fences shall be permitted within the City of Bremerton.
(e) Barbed wire or similar wire protective devices are permitted only in industrial
zones above a height of six (6) feet provided that adjoining a residential zone, devices may be
allowed by a Type II Special Use Permit only ifthe following criteria are met:
(1) The applicant demonstrates that the protective device cannot be installed
outside of the specified setback without significantly diminishing the utility of the industrial
property;
(2) The protective device will be designed to minimize adverse aesthetic
impact to the residential use by installing the device behind the top of a fence or wall or
screening the device with landscape; and
(3) The applicant demonstrates that the protective device is necessary to
provide additional security along the residential property line to protect the industrial premises.
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Zoning Code
(1) Notwithstanding the provisions of (a)(1 )ii above, architectural appurtenances such
as trellises or entry gates that define a walkway or driveway entry are allowed in a front yard up
to ninety (90) inches high, provided that:
(1) No individual structural support for such features shall be more
than twelve (12) inches square in section,
(2) Any gate shall not obscure more than 20% of visibility to the yard
as viewed perpendicular to the gate's installation, and
(3) Any entry feature greater than three (3) feet in height shall not be
more than six (6) feet wide for a walkway entry or more than sixteen (16) feet wide for a
driveway entry.
20.46.030 HOME OCCUPATION
Home occupations are permitted in a residential dwelling unit subject to the following
limitations.
(a) The business shall clearly subordinate to the use of the dwelling unit for
residential purposes.
(b) The business shall be wholly situated indoors.
(c) No person shall be employed in the home occupation unless a resident of the
dwelling unit;
(d) There shall be no exterior display, storage or other exterior indication of the
existence of the home occupation, except as allowed by the underlying zone;
(e) One additional off-street parking space meeting shall be provided in addition to
the number of spaces already required. The Director may waive this if the home occupation
involves Internet services that do not require customers or deliveries at the residence.
(1) Any sales of product shall be limited to those produced on the premises, except
products produced elsewhere may be allowed provided the business is primarily involved in the
product's distribution and does not attract buyers to the property for retail or wholesale sales.
(g) Sales and services to patrons shall be arranged through appointment so that only
one patron vehicle is on the premises at the same time.
(h) Not more than fifty (50) percent of the gross floor area of the dwelling unit may
be devoted to the home occupation use.
(i) The garage shall not be used in the business unless the required off-street and
customer parking can be adequately accommodated elsewhere on the site.
(j) Home occupations involving non-automotive engine and equipment maintenance
or servicing, beauty or barbershops, or the selling of products that are not produced on the
premises shall require a Type II Special Use Permit.
(k) Automotive painting, body, and engine repair, small engine repair services and
any activity likely to produce excessive noise are prohibited as home occupations.
(1) Persons engaged in legal home occupations on the effective date of this chapter
shall be considered legal, provided the operation is consistent with all of the above-listed
performance standards. Any home occupation that was legally established but does not conform
to all those standards may not expand or enlarge and shall terminate that use upon (1) change of
use or ownership of the property or (2) written complaint of adjacent or nearby property owners,
after due notice and hearing, if the Director determines that the home occupation is interfering
with the use and enjoyment of the neighboring premises and is not compatible with the
residential environment in which it is located.
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Zoning Code
20.46.040 MANUFACTURED HOMES
(a) Manufactured homes are permitted on one individual parcel, lot, or tract in
residential zones. The following shall apply to manufactured homes.
(1) Manufactured Home Certification: The Washington State Department of
Labor and Industries or the U.S. Department of Housing and Urban Development shall approve
all manufactured homes and have the appropriate insignia affixed to the unit, in accordance with
the provisions ofRCW 43.22;
(2) Is comprised of at least two fully enclosed parallel sections each of not
less than twelve feet wide by thirty-six feet long;
(3) Shall be set upon a permanent foundation, as specified by the
manufacturer, and that the space from the bottom of the home to the ground be enclosed by
concrete or an approved concrete product which can be either load bearing or decorative;
(4) Shall comply with all local design standards applicable to all other homes
within the neighborhood in which the manufactured home is to be located;
(5) The home is thermally equivalent to the state energy code;
(6) Was originally constructed with and now has a composition or wood
shake or shingle, coated metal, or similar roof of nominal 3: 12 pitch; and
(7) Has exterior siding similar in appearance to siding materials commonly
used on conventional site-built uniform building code single-family residences.
(b) A manufactured home which was legally placed and maintained prior to the date
of adoption of this chapter, and does not meet the requirements of this chapter, shall be deemed
to be a non-conforming structure. If a legal non-conforming manufactured home is partially or
wholly destroyed, replaced, or altered, it shall be required to meet the relevant requirements set
forth in the nonconforming provisions of this title.
(c) The Building Official or designee shall inspect the installation of manufactured
homes prior to occupancy and issue certificates of occupancy for manufactured homes. If all
requirements are met, a certificate of occupancy shall be issued. No manufactured home shall be
occupied until after the City issues a valid certificate of occupancy.
(d) If a manufactured home is replaced by another manufactured home, a new
certificate of occupancy shall be required for the installation of a manufactured home after the
date of adoption of this ordinance.
20.46.050 RECREATIONAL VEHICLES
A Temporary Use Permit is required for any recreational vehicles parked on a vacant lot
not containing a principle use as defined under this Title. The following conditions shall apply
to the permit:
(a) A recreational vehicle shall be limited to no more than 30 days during any 12
consecutive month period;
(b) No more than two (2) temporary use permits may be issued for a parcel during
any 12 consecutive month period;
(c) The recreational vehicle owner shall have the written permission of the property
owner on whose property it is located;
(d) The recreational vehicle must be legally parked on the property (not in the street);
(e) The recreational vehicle cannot occupy any required off-street parking spaces;
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Zoning Code
(f) The recreational vehicle must be self-contained and all garbage and sanitation
shall be disposed of in a manner approved by the City.
20.46.060 DISH ANTENNAS
(a) A ground-mounted dish antenna is subject to the setback requirements of the
underlying zone.
(b) Dish antennas may not be placed above the maximum underlying zoning district
height.
(c) All dish or other parabolic antenna having a collector dish diameter of six feet or
greater shall be ground-mounted, except as provided for otherwise. An antenna having a dish
diameter smaller than six feet may be pole-or roof-mounted in a location that has the least visual
impact on surrounding properties and views while maximizing the effectiveness of the antenna's
operation.
20.46.070 ADAPTIVE REUSE OF PUBLIC AND SEMI-PUBLIC BUILDINGS
The intent of these provisions is to provide opportunities for reusing functionally obsolete
public and semi-public buildings that are structurally sound. The adaptive reuse shall not be
granted if the new use adversely affects adjacent properties. Consideration shall be given to the
relative intensity of the proposed use compared to the intensity of the planned land use
environment.
(a) A Type III Special Use Permit is required when an adaptive reuse is for a building
located within a residential zone. The adaptive reuse shall meet the following criteria in order to
be granted approval.
(1) New traffic shall be adequately accommodated within the existing levels
of service on the surrounding neighborhood streets.
(2) Adequate provisions for off-street parking are made. The Hearing
Examiner may reduce the number of off-street parking spaces if commute trip reductions
methods are employed and the adaptive reuse do not generate an increase in on-street parking
demand.
(3) The new use does not generate noise that exceeds City standards for
residentially zones.
(4) Adequate street trees and landscaping are incorporated in a manner that
buffers the adaptive reuse from adjacent residential uses and makes it more compatible with the
surrounding neighborhood.
(5) Additional conditions may be applied including, but not limited to,
limiting hours of operations, density, restrictions for noise attenuation and other conditions
deemed necessary to ensure compatibility with surrounding residential uses.
(6) The subject building must have been constructed for a stated public or
semi-public use and operated as such for a minimum of five (5) years. For the purpose ofthis
section public and semi-public building" shall include public schools, fire stations, libraries,
churches, hospitals, and post offices.
(b) The following uses may be approved for adaptive reuse:
(1) Residential as a secondary use;
(2) Foster Homes;
(3) Daycare facilities;
(4) Group Residential Facilities, Class I (Assisted Living);
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Zoning Code
(5) Youth, Teen, Senior, Community or Neighborhood Centers;
(6) Medical and dental clinic and related services (not hospitals);
(7) Schools, and religious worship facilities;
(8) Library;
(9) Museum and Art Gallery;
(10) Consultants (Architect, Engineering, Planning, Design and similar);
(11) Computer assistance and training (but not repair);
(12) Office/business assistance services, Call Centers, and general offices.
20.46.080 MINERAL RESOURCE EXTRACTION
The purpose of this section is to preserve opportunities for mineral extraction while
protecting the health and safety of the community.
(a) . Mineral resource extraction for soil, and, gravel, quarried stone or ore may be
allowed if a Type III Special Use Permit is approved. The owner or agent of the quarry shall
submit to the City copies of all documents submitted to the Washington Department of Natural
Resources with the application.
(b) At a minimum the following performance standards shall apply. -
(1) A fence eight (8) feet in height shall be installed around the mineral
extraction area and all accessory operations.
(2) When a subject property is adjacent to developed properties or public
rights-of-way, a four (4) foot high landscape sight-obscuring barrier shall be installed that will
grow to not less than eight (8) feet high within three (3) years. If soil and terrain make
landscaping impractical, an eight (8) foot fence or wall that completely screens the property from
other uses and the public streets shall be installed.
(3) The following are the minimum distances to be measured from adjacent
property lines or public rights-of-way.
(i) Critical Areas.
a. to edge of pit, excavation, or stockpiling area, 100 feet
b. to crushing of rock or processing of stone gravel or
minerals, 300 feet
c. to blasting, determined on a case-by-case basis
(ii) Shoreline area
a. to edge of pit, excavation, or stockpiling area, 100 feet
b. to crushing of rock or processing of stone gravel or
minerals, 300 feet
c. to blasting, determined on a case-by-case basis
(iii) Industrial area
a. to edge of pit, excavation, or stockpiling area, 20 feet
b. to crushing of rock or processing of stone gravel or
minerals, 200 feet
c. to blasting, 400 feet
(iv) Residential area
a. to edge of pit, excavation, or stockpiling area, 300 feet
b. to crushing of rock or processing of stone gravel or
minerals, 500 feet
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Zoning Code
c. to blasting, determined on a case-by-case basis, minimum
1,000 feet
(v). All other land sues
a. to edge of pit, excavation, or stockpiling area, 100 feet
b. to crushing of rock or processing of stone gravel or
minerals, 300 feet
c. to blasting, determined on a case-by-case basis
(4) When a pit exceeds a depth of twenty (20) feet, all dense undergrowth
shall be removed from the soil cover for a distance offifty- (50) feet from the edge ofthe pit.
(5) No smoke, dust, dirt, fly ash, other airborne particulate matter, toxic or
odorous gasses, liquid or solids shall be emitted in quantities that adversely affect surrounding
properties.
(6) The provisions set forth in BMC Chapter 6.32 shall apply as applicable.
(7) Upon the termination of quarrying operations at a pit that exceeds a depth
of five (5) feet, shall be backed fill to a minimum slope of one (1) foot vertical to one (1) foot
horizontal.
(8) The site shall be restored after quarrying activities are completed. A
landscaping and site reclamation plan shall be required with the Special Use Permit and the City
may require a security guarantee for restoration.
20.46.090 SENIOR HOUSING COMPLEX
A Type III Special Use Permit may allow senior housing complexes in any zone, except
industrial zones, subject to the following standards:
(a) The site shall have access to an arterial street;
(b) Minimum site area shall be no less than two (2) acres;
(c) Minimum setbacks, density, height and lot coverage ofthe underlying zone shall
apply;
(d) Off-street parking shall be a minimum one (1) space per dwelling unit;
(e) Except for a community building / clubhouse for the exclusive use of complex
residents, all accessory uses shall be located within a structure containing residential units;
(f) Attached or detached structure types are permitted and dwelling units may be
owned by individuals or occupied as rentals;
(g) Access to alternative transportation such as public transit or on-site shuttle
services to access daily goods and services shall be provided; and
(h) A management agreement or covenants on individual properties to maintain the
complex, as a senior citizen complex, shall be recorded with the Kitsap County Auditor's office.
20.46.100 RECYCLING COLLECTION STATION
The following standards apply to collection stations intended for public use. They are not
mandatory (but may be applied voluntarily) for private on-premise collection and storage of
recyclables by owners or tenants of residential properties, businesses or organizations. Such on-
premise collection and storage is considered accessory to the principal use of the property and
not available to the general public.
(a) Areas to be used in the collection operation must have asphalt or concrete surface
and shall be landscaped to the same standards that apply to any other development or use within
the subject zone.
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(b) The facility shall be closed to public access between the hours of 8:00 p.m. and
6:00 a.m. in residential zones.
(c) A sight-obscuring fence or wall built to the maximum allowed height of the zone
shall be constructed and maintained along the sides and rear of the facility. Chain-link type
fences and gates are permitted along front lot lines.
(d) The facility may be lighted for use during hours of darkness, but shall not be
lighted between the hours of 8:00 p.m. and 6:00 a.m. in residential zones.
(e) The site shall be monitored and maintained in a clean, safe and healthful manner.
20.46.110 ADUL T ENTERTAINMENT PROVISIONS
This section regulates the location and spacing of adult businesses. The purpose of these
regulations is to reduce conflicts between adult businesses and certain uses. The intent is to
protect the City from the blighting impacts of concentrations of adult businesses while assuring
the full enjoyment of all the constitutionally guaranteed rights of the general public.
(a) Adult businesses shall be permitted only in the General Business and Business
Core commercial zoning districts.
(b) A Special Use Permit is required subject to the following criteria:
(1) Not adjacent to a residential zone.
(2) Prohibited within five-hundred (500) feet of any parcel of real property on
which is located any of the following facilities:
(i) A school primarily attended by minors; or
(ii) A church which conducts religious education classes for minors; or
(iii) A public park, public beach, or public recreation facility
frequented by minors; or,
(iv) An athletic or recreational center which caters to or is attended in
substantial part by minors; or,
(v) Video game establishments; or,
(vi) Convenience markets; or,
(vii) Downtown Shoreline District east of Washington Street between
1st Street and 6th Street.
(3) No new or relocated adult business shall locate within five hundred (500)
feet of any other adult business.
(c) Standards of Measurement: Distances shall be measured in a straight line,
without regard to intervening structures from the closest point of lot, parcel, or tract on which a
structure is occupied or is proposed for occupancy by an adult business to the nearest portion of a
lot, parcel, or tract which a use, facility, or structure, or the closest portion of a structure
containing another adult business.
20.46.120 OUTDOOR STORAGE AREAS
All uses that include outdoor storage areas and all refuse containers shall, in addition to
any underlying zoning requirements, meet the following criteria.
(a) It shall be surrounded by a six- (6) foot high solid wall or sight-obscuring fence.
The wall or fence shall be considered a structure and shall conform to the setbacks of the
underlying zone.
(b) Outdoor storage of materials shall not exceed six- (6) feet in height when visible
from a public right-of-way.
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(c) Outdoor storage yards shall meet landscaping requirements for non-residential
uses.
20.46.130 OUTDOORS LAND USES
In addition to other applicable development requirements, outdoor oriented land uses
such as sales lots, impound lots, outdoor storage yards, and similar activities shall have all
parking and storage areas developed with a paved surface, which is durable, and able to
withstand all weather conditions.
SECTION 5. Chapter 20.60 ofthe Bremerton Municipal Code entitled "Low
Density Residential (R-lO)" is hereby created to read as follows:
CHAPTER 20.60
LOW DENSITY RESIDENTIAL (R-I0)
20.60.010 INTENT
The intent of the Low Density Residential zoning district is to accommodate single-
family housing by infilling at a range of lot sizes consistent with urban growth patterns. Some
attached single-family housing may be appropriate when responding to sensitive areas.
Residential development at higher densities is encouraged at the edge of designated centers and
corridors, and within planned developments of 10 acres or larger.
20.60.020 SINGLE USE PER LOT
Only one principle use shall be allowed on each residentially zoned lot unless allowed for
otherwise as provided by law. This limitation shall not include permitted accessory uses
associated with a permitted principle use.
20.60.030 PERMITTED USES
The following uses are permitted outright:
(a) Single-unit Dwelling Unit - Detached;
(b) Single-unit Dwelling Unit - Attached (Zero Lot Lines) per BMC 20.60.070(b);
(c) Manufactured Home per BMC 20.46.040;
(d) F oster Home;
(e) Day Care Facility (12 or fewer persons receiving care);
(f) Group Residential Home;
(g) Private Schools (K - 12) (12 or fewer students);
(h) Religious Worship & Related Facilities (20,000 square feet or less);
(i) Parks and playgrounds equal or less than 0.5 acres (21,780 square feet);
(j) Cemetery;
(k) Underground water, sewer, storm water and utility facilities;
(1) Co-location of wireless communication per BMC 21.02.335;
20.60.040 ACCESSORY USES
The following accessory uses may be permitted when found in connection with a
principle use.
(a) Attached or detached Accessory Dwelling Unit per BMC 20.46.010;
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(b) Detached garage, carport, and parking facilities for the residents of the property;
(c) Playhouses, patios, cabanas, porches, gazebos, swimming pools and incidental
household storage buildings;
(d) Home Occupation per BMC 20.46.030;
(e) Other necessary and customary uses determined by the Director to be appropriate,
incidental and subordinate.
20.60.050 CONDITIONAL USES
A Conditional (Special) Use Permit, which is approved pursuant to BMC Section
21.02.905, may permit the following uses subject to meeting the corresponding conditions.
(a) Bed & Breakfast provided:
(1) The individual or family who operates the facility must also occupy the
house as their primary residence;
(2) No more than one (1) Full Time Equivalent (PTE) person employed by the
bed and breakfast residence who is not a resident of the dwelling;
(3) The facility is limited to a maximum of six (6) bedrooms available for rent
to guests. All guest rooms shall be contained within the principal structure;
(4) Two (2) off-street parking spaces, plus one (1) space per each bedroom
made available to guests, is required.
(5) The Director may reduce the number of required off-street parking spaces
provided the applicant can demonstrate that parking will not spill over into the neighborhood.
(6) No guest shall stay for more than fourteen (14) days within any thirty (30)
day period;
(7) The facility shall not be used for commercial receptions, parties, or other
public gatherings, or for the serving of meals to non-resident guests for compensation;
(8) The residential structures may be remodeled for the purpose of ~ Bed &
Breakfast provided the design changes remain residential in nature and the structure is not altered
in such a manner that would prevent the structure from being used as a residence in the future;
(9) The Director may allow one sign up to eight (8) square feet to advertise
the Bed & Breakfast provided the sign is designed to match the architectural features of the
primary residential structure.
(b) Group Residential Facilities Class I provided:
(1) All state licensing requirements are satisfied;
(2) Located on a collector or higher street;
(3) Minimum setbacks, height and lot coverage of the underlying zone shall
apply;
(4) Off-street parking shall be at a minimum of one (1) space per each
employee during the peak shift plus one (1) space per two (2) residents the facility will provide
service to;
(5) If counseling services are provided to non-residents, additional parking
spaces are required at one (1) per 300 gross floor area used for counseling services;
(6) The Director may reduce the number of required off-street parking spaces
provided the applicant can demonstrate that parking will not spill over into the neighborhood;
(7) Landscaping meeting the minimum requirements for non-residential uses
set forth in BMC Chapter 21.02.700 through 21.02.760. Additional landscaping may be required
if the Director deems it necessary to buffer any impacts to adjoining residential properties;
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(c) Senior Housing Complex provided the conditions set forth in BMC Section
20.46.090 are satisfied.
(d) Nursing/ Convalescent Homes provided:
(1) All state licensing requirements are satisfied;
(2) Located on a collector or higher street;
(3) Minimum site area shall be no less than one (1) acre;
(4) Minimum setbacks, height and lot coverage of the underlying zone shall
apply;
(5) Off-street parking shall be a minimum of one (1) space per 600 square feet
of gross floor areas. The Director may reduce off-street parking space requirements provided the
applicant can demonstrate that parking will not spill over into the neighborhood.
(6) Landscaping meeting the minimum requirements for non-residential uses
set forth in BMC Chapters 21.02.700 through 21.02.760. Additional landscaping may be
required if the Director deems it necessary to buffer any impacts to adjoining residential
properties.
(e) Day Care Facilities (13 or more persons receiving care) provided:
(1) All state licensing requirements are satisfied;
(2) Located on a collector or higher street;
(3) Off-street parking shall be a minimum one (1) space per each 5 children
based on the state license maximum occupancy load. All resulting fractions in determining
parking spaces shall be rounded up to the next whole number;
(4) One loading! unloading space without back up is required for the first 20
children and one additional space for up to each additional 20 children;
(5) The Director can reduce off-street parking and! or loading! unloading
spaces provided the applicant can demonstrate that parking will not spill over into the
neighborhood;
(6) Landscaping meeting the minimum requirements for non-residential uses
set forth in BMC Chapters 21.02.700 through 21.02.760. Additional landscaping may be
required if the Director deems it necessary to buffer any impacts to adjoining residential
properties;
(7) The Director may approve increasing the maximum height of a fence/ wall
to 6 feet provided it enhance safety and security around the outdoor play area.
(t) Adaptive Reuse of Public and Semi-Public Buildings are allowed pursuant to the
conditions set forth in BMC Section 20.46.070.
(g) Manufacture Home Park or Expansion of Existing Parks provided:
(1) It is exempt pursuant to RCW 58.17.040 from requirements for property
segregation.
(2) The minimum site size shall be five (5) acres.
(3) Density shall meet the underlying zone.
(4) Adequate water, sewer, and utility services are available to all building
sites.
(5) A fire protection system meeting the requirements of the City fire
Marshall is provided.
(6) Interior circulation shall meet the City road standards plus the following
standards:
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Zoning Code
(i) All interior circulation routes shall be constructed within a tract or
easement;
(ii) Roads and driveways shall be paved with an all weather surface.
Gravel roads and driveways are not allowed;
(iii) The City fire Marshall shall approve all fire turnarounds.
(7) The following setbacks shall apply to manufactured homes or mobile
homes, together with their additions and appurtenant structures, accessory structures, and other
structures on the site (excluding fences), excluding any hitch or towing fixture:
(i) From interior roads: 15 feet from centerline of tract or easement,
but in no case not less than five feet from the paved surfaced edge;
(ii) Structures near the perimeter lot lines of the property shall comply
with the setbacks of the underlying zone;
(iii) A minimum of ten- (10) foot separation between all manufactured
homes.
(8) Off-street parking spaces shall be provided in the following manner:
(i) One (1) parking space per home site; plus
(ii) One (1) parking space for each five home sites for guest parking;
plus
(iii) Additional parking spaces to provide for the parking needs of
offices, community buildings, recreational facilities, or other uses within the park that may be
used by park residents or others.
(9) Outside storage of vessels (boats), household items and equipment is
prohibited, except a common central storage area may be provided for residents of the park. The
storage area shall be screened by a minimum 5-foot high by 5-foot wide sight-obscuring barrier
consisting of landscaping and fencing or wall, and shall meet minimum setbacks of the
underlying zone.
(10) Ten- (10) percent ofthe site shall be maintained as common recreational
open space for the use of residents. Recreational open space may include community areas and
facilities such as playgrounds, swimming pools, hobby and craft shops. It shall not include
required landscaping areas, perimeter setback areas, parking areas, storage areas, building
separation areas or other areas deemed impractical by the Director for the recreational enjoy of
the residents.
(11) Trees meeting the standards set forth in BMC Chapter 21.02.710 shall be
provided along all property lines abutting a residential zone or public street. One tree per each
twenty- five (25) lineal feet of property line is required. The Director may allow exceptions when
a property line abuts an alley or is obstructed by a building or other structure.
(12) Adequate lighting to illuminate streets, driveways, and walkways for the
safe movement of pedestrians and vehicles is required.
(13) All water, sewer, electrical, and communication service lines shall be
underground.
(h) Religious Worship & Related Facilities greater than 20,000 square feet provided:
(I) Located on a collector or higher street;
(2) The minimum site area shall be no less than one (I) acre;
(3) Landscaping meeting the minimum requirements for non-residential uses
set forth in BMC Chapters 21.02.700 through 21.02.760. Additional landscaping may be
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Zoning Code
required if the Director deems it necessary to buffer any impacts to adjoining residential
properties.
(i) Golf Course. Site plan review pursuant to BMC Section 21.02.930 is required.
The purpose of the Conditional Use Permit is to allow modifications to parking, landscaping, and
other development requirements necessary to mitigate impacts and ensure compatibility with the
surrounding neighborhood. Golf Courses shall have access provided from an arterial street or
highway.
(j) Schools, Parks and Associated Facilities: The following schools, parks and
associated facilities may be allowed by a Conditional Use Permit provided the proposal meets
the Criteria for Approval:
. All public schools and associated gymnasium and auditorium:
. Private schools (K-12) with 13 or more students;
. parks and playgrounds greater than 0.5 acres;
. Outdoor Athletic Fields; Boat Launching and related facilities
. Maintenance & Service Yards
. Bus and other vehicle and equipment maintenance and storage facilities
. Administrative office related to the facilities if greater than 2,000 square feet
. Buildings and Structures for nonprofit groups on public lands;
Criteria for Approval:
(1) Front, side and rear yard setbacks shall be increased to at least 30 feet.
Setbacks may be reduced for structures located near interior streets.
(2) Landscaping meeting the minimum requirements for non-residential uses
set forth in BMC Chapter 21.02.700 through 21.02.760. Additional landscaping may be required
if the Director deems it necessary to buffer any impacts to adjoining residential properties.
(3) Additional measures may be requirements if deemed necessary to mitigate
any noise impacts to adjacent residential uses.
The Director may approve increasing the maximum height of a fence! wall to 6 feet
provided it enhance safety and security around the outdoor play area.
(k) Water, Sewer, Storm Water and Utility Facilities located above ground provided:
(1) Landscaping meeting the minimum requirements for non-residential uses
set forth in BMC Chapter 21.02.700 through 21.02.760. Additiona11andscaping may be required
if the Director deems it necessary to buffer any impacts to adjoining residential properties.
(2) The Director may approve modifications to the maximum height of fence!
wall that will provide screening :from adjacent uses and enhance safety and security around the
facility.
(3) Exceptions to setbacks may be allowed where the applicant can
demonstrate that a public interest is provided.
(1) Law Enforcement and Fire Facilities provided:
(1) Landscaping meeting the minimum requirements for non-residential uses
set forth in BMC Chapter 21.02.700 through 21.02.760. Additional landscaping may be required
if the Director deems it necessary to buffer any impacts to adjoining residential properties.
(2) The Director may approve modifications to the maximum height of fence!
wall that will provide screening :from adjacent uses and enhance safety and security around the
facility.
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Zoning Code
20.60.060 PROHIBITED USES
Uses other than those identified under this chapter, unless specifically allowed otherwise,
are prohibited.
20.60.070 DEVELOPMENT STANDARDS
(a) Lot development requirements shall be in accordance with the following
standards unless allowed for by law otherwise.
(1) Density.
(i) Maximum; 10 dwelling units per acre
(ii) Minimum 5 dwelling units per acre
(2) Setbacks.
(i) front yard setback. 15 feet
(ii) side yard setback. 5 feet
(iii) rear yard setback. 15 feet
(3) Lot area.
(i) Minimum. 4,300 square feet, except that within Planned Unit
Developments of ten acres and more and within the boundaries of a neighborhood or district
center as designated in the City of Bremerton Comprehensive Plan, minimum lot size is 3,000
square feet
(ii) Maximum 8,712 square feet
(4) Maximum height. 35 feet
(5) Maximum lot coverage. 60 percent
(b) Zero Lot Line (ZLL) development is allowed along side property lines for
attached single-family dwelling units and/ or detached garages provided the opposite side yard
setback is at least 10 feet. Zero Lot Line development along a rear property line is allowed for
attached single-family dwelling units.
(c) The following standards shall apply to attached garages and detached accessory
structures.
(1) The maximum garage/carport (attached or detached) area shall be 500
square feet of gross floor area plus 10 percent of gross floor area of a principal residential use,
but not to exceed 1,000 square feet.
(2) Maximum area of all accessory structures, including attached and
detached garages, carports, barns, covered patios, cabanas, gazebos, and incidental household
storage buildings, excluding accessory dwelling units per BMC 20.46.010,50 percent of the
gross floor area of the principal use or 500 square feet, whichever is greater, subject to maximum
lot coverage standards.
(3) Maximum height of detached accessory structures (including garages).
Not to exceed the height of the principal structure
(4) Setback of detached accessory structures. Per 20.44.060 BMC
(d) When the garage vehicle door entrance faces the street, it shall have a front yard
setback of at least 20 feet, except as provided in BMC 20.44.020 (Traditional Front Yard
Setbacks).
(e) Parks and schools may exceed maximum lot area requirements if approved
through a Conditional Use Permit.
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Zoning Code
20.60.080 OFF-STREET PARKING REQUIREMENTS
Off-street parking shall be provided in accordance with Chapter 21.02.670.
20.60.090 LANDSCAPING REQUIREMENTS
Detached single-family and attached-single family dwellings are exempt from
landscaping requirements. All other use shall comply with the landscaping requirements set
forth in BMC Chapters 21.02.700 through 21.02.760.
SECTION 6. Chapter 20.62 of the Bremerton Municipal Code entitled
"Commercial Corridor (CC)" is hereby created to read as follows:
Chapter 20.62
COMMERCIAL CORRIDOR (CC)
20.62.010 INTENT
The intent of the Commercial Corridor district is to provide locations for high intensity
commercial uses serving the entire community while preserving maritime views, forested areas,
and buffering impacts to adjacent residential areas. The corridor accommodates access to
businesses by automobile while also creating a pedestrian friendly, transit supporting corridor.
20.62.020 PERMITTED USES
Permitted Uses include:
(a) Retail uses not exceeding 20,000 square feet in gross floor area. Uses include the
following and those uses as determined by section 20.62.040:
(1) general merchandise
(2) grocery
(3) apparel and accessories
(4) eating and drinking establishments, including drive-thru's.
(5) drug and proprietary
(b) Finance, insurance and real estate not exceeding 20,000 square feet in gross floor
area. Uses include the following and those uses as determined by section 20.62.040:
(1) finance depository institutions, non-depository institutions, holding
companies, other investment companies, brokers and dealers in securities and commodity
contracts and security and commodity exchanges;
(2) insurance, including carriers of all types of insurance and insurance agents
and brokers;
(3) real estate, including owners, leasers, lessees, buyers, sellers, agents and
developers of real estate.
(c) Services not exceeding 20,000 square feet in gross floor area. Uses include the
following and those uses as determined by section 20.62.040:
(1) personal services such as: laundry, photo studios, beauty shops, shoe
repair and funeral service;
(2) consulting services, including: advertising agencies, travel agencies,
commercial art and computer programming engineering, accounting, research, management and
related services.;
(3) repair services, such as; radio, computer and TV repair;
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Zoning Code
(4) educational services: establishments involved in academic and technical
instruction and libraries;
(5) senior center, neighborhood center, childcare and residential care;
(d) Hotels and lodging places;
(e) Medical uses not exceeding 20,000 square feet in gross floor area. Uses include
the following and those uses as determined by section 20.62.040:
(1) office and clinics of doctors, dentists, health practitioners, and
(2) veterinarian clinics, and
(3) medical laboratories;
(t) Physical fitness facilities and health clubs not exceeding 20,000 in gross floor
area;
(g) Video tape rental stores, excluding adult oriented businesses;
(h) Museums, art galleries and botanical and zoological gardens;
(i) Membership organizations such as elks lodges, masons, etc., not exceeding
20,000 in gross floor area;
(j) Non-motorized outdoor recreation facilities
(k) Public Uses, such as post office, satellite police stations and fire stations.
(1) Transportation facilities. Uses include the following and those uses as determined
by section 20.62.040:
(1) bus terminals,
(2) taxi cab services,
(3) tour operators,
(4) other transportation services.
(m) Secondary residential uses. Secondary residential uses as defined in chapter 20.42
are permitted with a maximum density of ten units per acre.
(n) Automobile related uses, not exceeding 20,000 square feet in gross floor area,
excluding outdoor display areas for the sale of car, boat, RV and similar. Uses include the
following and those uses as determined by section 20.62.040:
(1) automobile parts store
(2) automobile services such as repair, detailing.
(0) Underground water, sewer, storm water and utility facilities;
(p) Co-location of wireless communication per BMC 21.02.335;
20.62.030 CONDITIONAL USES.
Uses in the following categories may be permitted through a Conditional (Special) Use
Permit pursuant to chapter 21.02.905 BMC.
(a) Hardware Stores, provided:
(1) store includes less than 20,000 square feet of gross of floor space,
(2) Storage and product display shall be entirely inside an enclosed, roofed
structure,
(b) Building material and garden supply, provided:
(1) Store is less than 20,000 gross square feet of floor space,
(2) No loading areas shall be located in a front yard or side yard facing
residential uses.
(3) Outside storage is limited to 5,000 gross square feet or less of live plant
materials,
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Zoning Code
(4) Lumber, masonry materials and any other non-living product shall be
stored and displayed entirely inside an enclosed structure, and
(5) The use will not generate noise, odor, or vibrations impacts greater than
those usually generated by uses permitted outright in the zone.
(c) Home furnishings and equipment, provided:
(1) store is limited to 20,000 gross square feet of floor space,
(2) No loading areas shall be located in a front yard or side yard facing
residential uses.
(d) Gas stations and car washes, provided
(1) No more than two points of ingress/egress are allowed per street frontage.
Ingress/egress points shall be separated laterally along the property frontage(s) to the maximum
possible while meeting all other street standards and City requirements.
(2) Buffering is provided pursuant section(s) 21.02.700(a)(i)(A) and (B)
BMC, except that required berms, and/or trees in combination shall provide total visual
screening to a height of 5 feet shall not be less than 10 feet in height two inch caliper, measured
4 feet above ground, at time of planting and/or construction.
20.62.040 SIMILAR USE DETERMINATION
(a) Any proposed land use that is NOT listed in sections 20.62.020 or 20.62.030 above
may be permitted if, in the opinion of the Director, it is a use similar to a listed use.
(b) In such cases, and applicant may request that the Director make a determination of
similar use. Such determination or denial of such, shall be made by the Director in writing.
(c) In making a determination of similar use, the Director shall consider scale, visual
impacts, traffic generation, relationship to surroundings, and any other factors which, in the opinion of
the director, influence and/or define the nature of the proposed use.
(d) If the Director finds that the proposed use is similar to a listed use, the use shall be
subject to all standards, requirements and permitting processes to which the listed use is subject.
20.62.050 PROHIBITED USES
Uses other than those identified or described in Sections 20.62.020 and 20.62.030 of this
chapter are prohibited except as may be allowed per section 20.62.040.
20.62.060 DEVELOPMENT STANDARDS
(a) More than one permitted principle use and accessory uses are allowed per each
lot.
(b) Lot development shall be in accordance with the following standards, unless
allowed for otherwise by law.
(1) Maximum front yard setback. 5 feet
(2) Minimum side yard setback. None; except as follows;
(i) Residential uses from RIO zone. 10 feet
(ii) Non-residential uses from RIO zone. 60 feet
(3) Minimum rear yard setback. None; except as follows;
(i) Residential uses from RIO zone. 10 feet
(ii) Non-residential uses from RIO zone. 60 feet
(4) Maximum lot coverage. 50 percent unless increased per section
20.62.060(c). In no case shall maximum lot coverage exceed 75 percent
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Zoning Code
(5) Maximum impervious surface area of all development on site. 75 percent
unless increased per section 20.62.060(c). In no case shall maximum lot coverage exceed 95
percent
(6) Maximum height. 45 feet, except that structures within 100 feet ofthe RIO
zone shall not exceed 35 feet in height.
(c) A development that provides the following may have its maximum lot coverage
and impervious surface area increased by adding bonus percentages to the maximum base area
percentage provided the total does not exceed the maximum allowed above.
(1) Commercial/ Residential Mixed-Use Development: 20 percent bonus;
(2) Development containing 75 percent of the building footprint with three
and four story buildings: 10 percent bonus;
(3) Ten (10) percent bonus if a sidewalk 10 feet in width or greater is installed
extending to the front of the building and continuing along the entire arterial frontage of the
parceL
(4) Pedestrian through-corridor that provides pedestrian access to a location
approved by the Director: 5 percent bonus.
(5) Fifty (50) percent of off-street parking is provided underground or within
a building designed for occupancy: 20 percent bonus.
20.62.070 DESIGN STANDARDS
The following design standards shall be applied to all new development or significant
redevelopment of a site. When development involves the remodel or expansion of existing
structures, the Director may modify these requirements to reasonably fit the scope and scale of
the remodel or expansion.
(a) Bulk Reduction: At least 2 of the following criteria shall be used to reduce the
appearance of mass and bulk of the fa~ade of all buildings facing public streets.
(1) Upper floor setbacks of not more than 10 feet provided the setbacks are
not applied to more than 25 percent of building fa~ades facing a public street.
(2) One or more of the following techniques:
(i) recessing the entrance area at least 3 ft.
(ii) an entrance area that protrudes at least 3 feet.
(iii) a canopy, portico or overhang extending at least 5 feet over the
sidewalk in the entrance area
(3) Buildings with at least 5-foot overhangs, awnings, canopies or arcades
elevated between 8 and 12 feet above the sidewalk.
(4) Window fenestration. Windows shall occupy at least 50% of the ground
floor facade measured to 10 feet above the sidewalk or finished grade.
(b) Sight-obscuring landscape buffering shall be provided along property lines
adjacent to CC and R-I0 zones pursuant to the standards set forth in BMC Chapter
21.02.700(a)(1)(i)(A) or (B).
(c) Outdoor storage of all materials shall be prohibited except for nurseries, which
shall provide screening pursuant to 21.02.700(a)(1)(i)(A) or (B) BMC.
(d) Refuse containers
(1) Refuse container screening shall be required and be of a material and
design compatible with the overall architectural theme of the associated structure, shall be at
least as high as the refuse container, and shall in no case be less than six feet high;
40
Zoning Code
(2) No refuse container shall be permanently stored between a street and the
front of a building;
(3) Refuse collection areas shall be designed to contain all refuse generated on
site and deposited between collections. Deposited refuse shall not be visible from outside the
refuse enclosure.
(e) Signage: Signs shall meet the requirements set forth in BMC 21.02.330, except all
free standing signs shall be limited to monument styles not more than 8 feet maximum height
and not exceeding 60 square feet in sign area. Monument signs shall be defined as a sign placed
on a base of solid appearance equal to the width of the sign with no free space or other visual gap
between the base and sign face.
20.62.080 PARKING
On-site parking shall be provided in accordance with Sections 21.02.580, 21.02.590,
21.02.600,21.02.610,21.02.620,21.02.630,21.02.640, 21.02.650, 21.02.670, and 21.02.680 of
this title, except that on-site parking shall be to the rear or to the side of buildings on the site and
shall not occupy more than 50% of the site frontage facing the arterial street. Parking shall not be
placed on street comers. Access to parking may be from adjacent non-arterial streets, or from
driveways off of the arterial. Driveways providing access to parking area shall be well marked.
20.62.090 LANDSCAPING
The landscaping requirements set forth in Chapters 21.02.690 through 740 BMC, or as
otherwise modified in this chapter, shall be satisfied.
SECTION 7. Chapter 20.64 of the Bremerton Municipal Code entitled "Wheaton
Way Redevelopment Corridor (WWRC)" is hereby created to read as follows:
Chapter 20.64
WHEATON WAY REDEVELOPMENT CORRIDOR (WWRC)
20.64.010 INTENT.
The intent ofthe Wheaton Way Redevelopment Corridor zone is to provide for the
transition over time of the corridor away from suburban style strip commercial development.
The WWRC zone seeks to create a mixed-use, high density, corridor that will enable a full range
of commercial uses oriented closer to the street, and medium to high density residential uses
above or on portions of larger sites away from the street frontage. The zone seeks to balance the
needs of automobile oriented businesses with a desire to incorporate a more pedestrian oriented
design approach. Introduction of residential use within the corridor is intended, in part, to
support high levels of transit usage within the corridor. In addition, the WWRC zone seeks to
provide adequate transitions to less intense adjacent zone districts.
20.64.020 PERMITTED USES.
Permitted Uses include:
(a) Retail uses. Uses include the following and those uses as determined by section
20.64.040:
(1) general merchandise, such as furniture, appliances, and sporting goods
(2) grocery
41
Zoning Code
(3) apparel and accessories
(4) eating and drinking establishments, including drive-thru's.
(5) drug and proprietary
(b) Finance, insurance and real estate. Uses include the following and those uses as
determined by section 20.64.040:
(1) finance depository institutions, non-depository institutions, holding
companies, other investment companies, brokers and dealers in securities and commodity
contracts and security and commodity exchanges;
(2) insurance, including carriers of all types of insurance and insurance
agents and brokers;
(3) real estate, including owners, leasers, lessees, buyers, sellers, agents and
developers of real estate.
(c) Services. Uses include the following and those uses as determined by section
20.64.040:
(1) personal services: laundry, photo studios, beauty shops, shoe repair and
funeral service;
(2) consulting services, including: advertising agencies, travel agencies,
commercial art and computer programming engineering, accounting, research, management and
related services;
(3) repair services: radio and TV repair;
(4) educational services: establishments involved in academic and technical
instruction and libraries;
(5) social services: senior center, neighborhood center, childcare and
residential care;
(d) Hotels and lodging places;
(e) Medical uses including, but not limited to, the following:
(I) office and clinics of doctors, dentists, health practitioners,
(2) veterinarian clinics, and
(3) medical laboratories;
(f) Physical fitness facilities and health clubs;
(g) Video tape rental stores, excluding adult oriented businesses;
(h) Museums, art galleries and botanical and zoological gardens;
(i) Membership organizations such as elks lodges, masons, etc.;
CD Parks, playgrounds, outdoor recreation facilities
(k) Public Administration Uses, such as post office, satellite police stations and fire
stations.
(1) Transportation activities. Uses include the following and those uses as
determined by section 20.64.040:
(1) bus terminals,
(2) taxi cab services,
(3) tour operators,
(4) other transportation services.
(m) Residential uses. All residential uses are permitted with a maximum density of
twelve units per acre.
(1) Residential uses shall be placed only on upper floors of mixed use
structures in which ground floors are occupied with non-residential uses, except that on sites in
42
Zoning Code
single ownership larger than three acres, single use residential structures are permitted if
screened from major arterials by mixed use structures or structures containing other permitted
non-residential uses only. Such screening structures must not be less than thirty-five feet
(2) On sites in single ownership larger than three acres, residential density
may be increased to a maximum of 20 units per acre provided that;
(i) Site design provides for internal circulation connections for both
pedestrians and vehicles between all portions of the site, and
(ii) landscaping and/or screening adjacent to a single-family zone
district shall be provided per section 21.02.700(a)(1)(A&B), and
(iii) a transit stop with shelter is provided at the arterial street frontage.
(n) Automobile related uses, excluding gas stations, including but not limited to the
following;
(1) automobile parts store
(2) automobile services such as repair, detailing, and similar
(0) Underground water, sewer, storm water and utility facilities;
(p) Co-location of wireless communication per BMC 21.02.335;
20.64.030 CONDITIONAL USES.
Uses in the following categories may be permitted through a Conditional (Special) Use
Permit pursuant to Chapter 21.02.905 BMC.
(a) Hardware Stores, provided:
(1) store includes less than 20,000 square feet of gross floor space,
(2) Outside storage shall be entirely inside an enclosed structure,
(b) Building material and garden supply, provided:
(1) Store is less than 20,000 square feet of gross floor space,
(2) No loading areas shall be located in a front yard or side yard facing
residential uses.
(3) Outside storage is limited to 5,000 gross square feet or less oflive plant
materials,
(4) Lumber, masonry materials and any other non-living product shall be
stored and displayed entirely inside an enclosed, roofed structure, and
(5) The use will not generate noise, odor, or vibrations impacts greater than
those usually generated by uses permitted outright in the zone.
(c) Home furnishings and equipment, provided:
(1) store is limited to 20,000 gross square feet of floor space,
(2) No loading areas shall be located in a front yard or side yard facing
residential uses.
(d) Gas stations and carwashes, provided
(1) No more than two points of ingress/egress allowed per street frontage.
Ingress/egress points shall be separated laterally along the property frontage(s) to the maximum
possible while meeting all other street standards and City requirements.
(2) buffering is provided pursuant to section(s) 21.02.700(a)(i)(A) and (B)
BMC, except that required berms, and/or trees in combination shall provide total visual
screening to a height of 5 feet shall not be less than 10 feet in height two inch caliper, measured
4 feet above ground, at time of planting and/or construction.
43
Zoning Code
20.64.040 SIMILAR USE DETERMINATION
(a) Any proposed land use that is NOT listed in sections 20.64.020 or 20.64.030 above
may be permitted if, in the opinion of the Director, it is a use similar to a listed use.
(b) In such cases, and applicant may request that the Director make a determination of
similar use. Such determination or denial of such, shall be made by the Director in writing.
(c) In making a determination of similar use, the Director shall consider scale, visual
impacts, traffic generation, relationship to surroundings, and any other factors which, in the opinion of
the Director, influence and/or define the nature of the proposed use.
(d) If the Director finds that the proposed use is similar to a listed use, the use shall be
subject to all standards, requirements and permitting processes to which the listed use is subject.
20.64.050 PROHIBITED USES.
Uses other than those identified or described in Sections 20.64.020 and 2002.64.030 of
this chapter are prohibited except as may be allowed per section 20.64.040.
20.64.060 DIMENSIONAL STANDARDS.
(a) More than one permitted principle use and accessory uses are allowed per each
lot.
(b) Lot development shall be in accordance with the following standards, unless
allowed for otherwise by law.
(1) Maximum front yard setback. 5 feet except that front yard setback may be
increased if the Director finds that such increase is necessary to accommodate pedestrian features
per section 20.64.070 or equivalent.
(2) Minimum side yard setback. None from non residential zones, 30 ft from
the RIO zone
(3) Minimum rear yard setback. None from non residential zones, 30 ft from
the RIO zone
(4) Maximum lot coverage. 50 percent unless increased per section
20.64.060(c). In no case shall maximum lot coverage exceed 75 percent
(5) Maximum impervious surface area of all development on site. 75 percent
unless increased per section 20.64.060(c). In no case shall maximum lot coverage exceed 95
percent
(6) Maximum height. 40 feet, except that structures within 100 feet of the RIO
zone shall not exceed 35 feet in height.
(c) A development that provides the following may have its maximum lot coverage
and impervious surface area increased by adding bonus percentages to the maximum base area
percentage provided the total does not exceed the maximum allowed above.
(1) Commercial/ Residential Mixed-Use Development: 20 percent bonus;
(2) Development containing 75 percent of the building footprint with three
and four story buildings: 10 percent bonus;
(3) Ten (10) percent bonus if a sidewalk 10 feet in width or greater is installed
extending to the front of the building and continuing along the entire arterial frontage of the
parcel.
(d) Projects providing a through-block corridor that facilitates pedestrian access in a
location approved by the city: five percent bonus.
44
Zoning Code
(e) Projects providing at least fifty percent of their required parking underground or
within the building: twenty percent bonus.
20.64.070 DESIGN STANDARDS
The following design standards shall be applied to all new development or significant
redevelopment of a site. When development involves the remodel or expansion of existing
structures, the Director may modify these requirements to reasonably fit the scope and scale of
the remodel or expansion.
(a) Bulk Reduction: At least 2 of the following criteria shall be used to reduce the
appearance of mass and bulk of the fa9ade of all buildings facing public streets.
(1) Upper floor setbacks of not more than 10 feet provided the setbacks are
not applied to more than 25 percent of building fa9ades facing a public street.
(2) One or more of the following techniques:
(i) recessing the entrance area at least 3 ft.
(ii) an entrance area that protrudes at least 3 feet.
(iii) a canopy, portico or overhang extending at least 5 feet over the
sidewalk in the entrance area
(3) Buildings with at least 5-foot overhangs, awnings, canopies or arcades
elevated between 8 and 12 feet above the sidewalk.
(4) Window fenestration. Windows shall occupy at least 50% of the ground
floor facade measured to 10 feet above the sidewalk or finished grade.
(b) Sight-obscuring landscape buffering shall be provided along property lines
adjacent to CC and RR-lO zones pursuant to the standards set forth in BMC Chapter
21.02.700(a)(1)(i)(A) or (B).
(c) Outdoor storage of all materials shall be prohibited except for nurseries, which
shall provide screening pursuant to 21.02.700(a)(1)(i)(A) or (B) BMC.
(d) Refuse containers
(1) Refuse container screening shall be required and be of a material and
design compatible with the overall architectural theme of the associated structure, shall be at
least as high as the refuse container, and shall in no case be less than six feet high;
(2) No refuse container shall be permanently stored between a street and the
front of a building;
(3) Refuse collection areas shall be designed to contain all refuse generated on
site and deposited between collections. Deposited refuse shall not be visible from outside the
refuse enclosure.
(e) Signage: Signs shall meet the requirements set forth in BMC 21.02.330, except all
free standing signs shall be limited to monument styles not more than 8 feet maximum height
and not exceeding 60 square feet in sign area. Monument signs shall be defined as a sign placed
on a base of solid appearance equal to the width of the sign with no free space or other visual gap
between the base and sign face.
20.64.080 PARKING.
On-site parking shall be provided in accordance with Sections 21.02.580, 21.02.590,
21.02.600, 21.02.610, 21.02.620, 21.02.630, 21.02.640, 21.02.650, 21.02.670, and 21.02.680 of
this title, except that on-site parking shall be to the rear or to the side of buildings on the site and
shall not occupy more than 40% of the site frontage facing the arterial street. Parking shall not be
45
Zoning Code
placed on street comers. Access to parking may be from adjacent non-arterial streets, or from
driveways off of the arterial. Driveways providing access to parking area shall be well marked.
On street parking shall be allowed to help satisfY parking requirements provided paved
street widths provide adequate room pursuant to city standards for on-street parking.
20.64.090 LANDSCAPING.
The landscaping requirements set forth in Chapters 21. 02.690 through 740 BMC, or as
otherwise modified in this chapter, shall be satisfied.
SECTION 8. Effective Date ofZonin~ Provisions. The provisions contained in
Sections 1 through 7 of this ordinance shall become effective upon the effective date of the
ordinance adopting the Official Zoning Map implementing the zoning classifications contained
in said Sections.
SECTION 9. Severability. If anyone 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 10. 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 ,2005
DAREN NYGREN, Council President
Approved this day of , 2005
CARY BOZEMAN, Mayor
ATTEST: APPROVED AS TO FORM:
P AULA JOHNSTON, City Clerk ROGER A. LUBOVICH, City Attorney
PUBLISHED the day of , 2005
EFFECTIVE the day of ,2005
ORDINANCE NO.
R:\LEGAL\Ordinances\Community Deve1opment\2005 Zoning Code Amendment\Title 20-0rdinance.doc
46
Zoning Code
Comments regarding references of Senate Bill 6593. as presented during the February 15.2005
Bremerton City Council Study Session.
Submitted by Jeff McCormick of the Home Builders Association of Kitsap County.
. Remarks provided tonight are intended to clarify the provisions of Senate Bill 6593, as
amended by the House of Representatives and the House Local Government Committee.
. Senate Bil16593, passed by the Washington State Legislature and signed by the Governor
in 2004, takes effect on July 1,2005. Provisions in the bill have not yet taken effect.
. During the Bremerton City Council Study session for February IS, 2005, Senate Bill
6593 was used to argue that "cities and counties must regulate manufactured homes built
to federal manufactured housing construction standards no differently than they regulate
other types of homes." The quoted language is borrowed from the summary of the bill
handed out during the City Council's February 15th study session.
. The original language in Senate Bill 6593 required that manufactured homes be built to
HUD standards and be regulated in the same manner as homes built on-site, factory-built
homes, or homes built to any other state construction standard. This provision was
stricken from the amended version of the bill that was signed into law.
0 The amended version of the bill requires that manufactured homes built to federal
regulatory standards be subject to the same siting, installation and design regulations as
other homes in established neighborhoods. The intent of the provision, as stated in the
bill, is to prohibit discrimination against consumers' choices in the placement of a
manufactured home. This allows manufactured homes to be integrated into
neighborhoods comprised of homes built on-site.
. The language in the bill is clear. The bill states, "A city or town may not enact any statute
or ordinance that has the effect, directly or indirectly, of discriminating against
consumers' choices in the placement or use of a home in such a manner that is not equally
applicable to all homes."
. The language is a protection mechanism to prohibit discrimination against the placement
of manufactured homes. The bill does not give municipalities the authority to mandate
that manufactured homes comply with all other regulations as homes built on-site.
. The bill limits the authority of counties, cities, and towns to enact regulations that apply
to all manufactured homes. The one exception in the bill requires that manufactured
homes comply with all local design standards applicable to all other homes within the
neighborhood in which the manufactured home is to be located.
. The bill requires that manufactured homes be set upon a permanent foundation that meets
the same foundation standards as homes built on-site. The amended version of the bill
changed the foundation standard from the state building code to the manufacturer
specifications and permit requirements for concrete products placed between the home
and the ground.
. The manufactured home otherwise meets all other requirements for a designated
manufactured home as defined in RCW 35.63.160.
_..~-~ -..-....--_k
/
/.
I
\
\., SB 6593 (C,apter 256, Laws of 2004, adopted by the State
Legislature r 2004).
This new law requires that, to protect "consumers' choices in housing," cities
and counties must regulate manufactured homes built to federal
manufactured housing construction standards no differently than they
regulate other types of homes. Cities and counties must amend any
regulations that discriminate between manufactured housing and other types
of housing by July 1,2005.
HOUSE BILL REPORT
SB 6593
~ Passed ;o~se- A:n:~:J
- '0: _-:::-=~~~h,-;' 200~c__ ..___~::-:-'
Title: An act relating to prohibiting discrimination against consumers' choices in housing.
Brief Description: Prohibiting discrimination against consumers' choices in housing.
Sponsors: By Senators Prentice, Carlson, Keiser, T. Sheldon and Winsley.
Brief History:
Committee Activity:
Local Government: 2/19/04,2/26/04 [DPA].
Floor Activity:
Passed House - Amended: 3/3/04, 85-11.
Brief Summary of Bill
(As Amended by House)
. Prohibits local governments from enacting any local statute or ordinance that has
the effect of discriminating against consumers' choices in the placement or use of a
manufactured home.
. Requires that manufactured homes built to federal regulatory standards be subject
to the same siting regulations as site-built homes, factory-built homes, or homes
built to any other state construction standard.
. Grants authority to local governments to enact a limited range of regulations
specific to manufactured homes with respect to siting, installation, and design.
".~- - ~^-'
. Allows cities with populations of at least 135,000 residents to authorize their
building officials to issue all permits relating to the alteration, remodeling or
expansion of a manufactured home.
HOUSE COMMITTEE ON LOCAL GOVERNMENT
Majority Report: Do pass as amended. Signed by 9 members: Representatives Romero,
Chair; D. Simpson, Vice Chair; Schindler, Ranking Minority Member; Jarrett, Assistant
Ranking Minority Member; Ahem, Clibborn, Mielke, Moeller and Upthegrove.
House Bill RepOlt - 1 - SB 6593
Minority Report: Without recommendation. Signed by 1 member: Representative
Ericksen.
Staff: Thamas Osborn (786-7129).
Background:
All cities, code cities, towns, and counties (local governments) have general authority to adopt
comprehensive plans and zoning ordinances. Local governments required or choosing to plan
under the state's Growth Management Act (GMA) have specific requirements to adopt
comprehensive plans containing certain elements consistent with GMA requirements and to
enact implementing development regulations, including zoning provisions.
A "designated manufactured home" is defined as a manufactured home constructed after June
15, 1976, in accordance with federal construction standards, that meets certain miniID1UJI. s~
anc!. !O~Jg!,t~ require1!!-~nts, and has exterior sidi!1g material ~iJar t~]TIateiials c~mmonly
used in conventional site-built homes. - - -
...;;:- --- - _..~._;;;:.r-.
Summary of Amended Bill:
Local governments are prohibited from enacting any statute or ordinance that has the effect,
either directly or indirectly, of discriminating against consumers' choices in the..placement or
use of a home. --
Manufactured homes built consistent with the National Manufactured Housing Construction
and Safety Standards Act of 1974,42 V.S.C. Sec. 5401 et. seq., must be subject to the same
s!ting"re~lations.as are site-built h~1!le~, factory-built hOl1!.es, or homes built to any othersti'te
construction or local design sta!1dard.
However, counties, cities, and towns are granted ~d auth.m:i1:y_to enact ~egulations.specific
to manufactured homes with respect to siting, installatio!1, and desi~is regulatory .
authority is limited to regulations that require a manufactured home be:
. a "new" manufactured home;
~ set upon a permanent foundation that meets specified design standards;
($' compliant with all local design stand(![Q,s applicable to other homes within the
~ neighborhood in wliiCh the manufactured home is to be located;
consistent with the thermal standards set forth in the state energy code; and
otherwise consistent with the standards for manufactured homes as set forth in RCW
35.63.160.
A city or code city with a population of at least 135,000 residents may designate its building
official as being the person responsible for the issuance of all permits relating to the alteration
of a manufactured home, including Department of Labor and Industries permits. However, a
city's authorization to issue Department of Labor. and Industries permits requires an interlocal
agreement between the department and the city.
House Bill RepOlt - 2 - SB 6593
Legally recorded covenants, or deed restrictions of record, are not subject to the provisions of
the act.
RCW 35.63.160 is amended to delete an obsolete provision and to include a definition of the
term "new manufactured home."
Appropriation: None.
Fiscal Note: Not requested.
Effective Date of Amended Bill: The bill takes effect on July 1,2005.
Testimony For: The zoning restrictions placed on manufactured homes are unnecessary and
are based on myths regarding the quality and appearance of such homes. Manufactured
homes can be of high quality and can be designed and constructed so as to be compatible with
the homes in established neighborhoods. Such homes can have two stories, porches, and
permanent foundations. The lower cost of building such homes enables the use of higher
quality roofing materials, window coverings, and amenities such as porches. Furthermore,
manufactured homes provide an affordable alternative for families who would otherwise be
unable to own a home. Such homes are typically 10 to 15 percent cheaper than site-built
homes. Low-income persons will thus benefit from the easing of zoning restrictions on
manufactured homes. Twenty-two percent of housing starts are manufactured homes. There
are three companies in this state that build them, though most come from companies in
Oregon.
(Concerns) All cities allow for the siting of manufactured homes somewhere within the
community. This bill goes too far in restricting the ability of a community to determine where
it is appropriate to site such homes. Also, the bill does not do enough to address the issue of
allowing for design consistency in older, established neighborhoods. Many newer
neighborhoods and developments have restrictive covenants that can be used to enforce design
standards, and this bill would not affect the enforceability of these covenants. Older
neighborhoods often do not have such restrictive covenants, thus the bill would allow
manufactured homes to be sited in them without regard to the character of the homes in the
area. The language of the bill should be expanded to allow such neighborhoods to have
enforceable design standards that can be imposed on manufactured homes as well as site-built
homes. Also, the provision regarding foundations should be changed so as to allow a city to
require foundations for manufactured homes that are similar to those required for site-built
homes.
Testimony Against: The bill is flawed in several respects. First, it preempts the ability of a
local government to make zoning decisions that serve the best interests of the community.
Zoning should continue to be a matter of local control and there is no need for the state to
intervene with respect to manufactured homes. Furthermore, a community should be allowed
to impose design standards for new homes of all ~ypes, including manufactured homes; thus,
the language of the bill should be expanded to allow for the imposition of design standards for
House Bill Report - 3 - SB 6593
the siting of manufactured homes in established neighborhoods. Finally, the provisions
regarding foundations need to be amended so as to allow for the imposition of higher
standards.
Persons Testifying: (In support) Tony To, Home Sight; Bob Mitchell, City ofKennewick;
and Mike Ryherd, Washington Manufactured Housing Association.
(Concerns) Dave Williams, Association of Washington Cities.
(Opposed) Mark Brown, City of Vancouver.
Persons Signed In To Testify But Not Testifying: None.
House Bill Report -4- SB 6593
Page 1 of 4
CERTIFICATION OF ENROLLMENT
SENATE BILL 6593
Chapter 256, Laws of 2004
58th Legislature
2004 Regular Session
HOUSING--CONSUMER CHOICE
EFFECTIVE DATE: 7/1/05
Passed by the Senate March 10, 2004
YEAS 41 NAYS 8
BRAD OWEN
President of the Senate
Passed by the House March 3, 2004
YEAS 85 NAYS 11
FRANK CHOPP
Speaker of the House of Representatives
[~:CERTIFICATE
I, Milton H. Doumit, Jr. , Secretary of the
Senate of the State of Washington, do
hereby certify that the attached is SENATE
BILL 6593 as passed by the Senate and the
House of Representatives on the dates
hereon set forth.
MILTON H. DOUMIT JR.
Secretary
Approved March 31, 2004.
GARY F. LOCKE
htto:/ /www.le!!.wa.!!ov/pub/billinfo/2003-04/Senate/657 5-6599/6593 _ sl_ 04062004. txt 2/23/2005
Page 2 of 4
Governor of the State of Washington
==FILED
March 31, 2004 - 3:03 p.m.
Secretary of State
State of Washington
SENATE BILL 6593
AS AMENDED BY THE HOUSE
Passed Legislature - 2004 Regular Session
State of Washington 58th Legislature 2004 Regular Session
By Senators Prentice, Carlson, Keiser, T. Sheldon and Wins ley
Read first time 01/26/2004. Referred to Committee on Financial
Services, Insurance & Housing.
AN ACT Relating to prohibiting discrimination against consumers' choices
in housing; amending RCW 35.63.160; adding a new section to chapter 35.21 RCW;
adding a new section to chapter 35A.21 RCW; adding a new section to chapter
36.01 RCW; creating a new section; and providing an effective date.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
{+ NEW SECTION. +} Sec. 1. The legislature finds that: Congress has
preempted the regulation by the states of manufactured housing construction
standards through adoption of construction standards for manufactured housing
(42 U.S.C. Sec. 5401-5403); and this federal regulation is equivalent to the
state's uniform building code. The legislature also finds that congress has
declared that: (1 ) Manufactured housing plays a vital role in meeting the
housing needs of the nation; and (2) manufactured homes provide a significant
resource for affordable homeownership and rental housing accessible to all
Americans (42 U.S.C. Sec. 5401-5403) . The legislature intends to protect the
consumers' rights to choose among a number of housing construction alternatives
without restraint of trade or discrimination by local governments.
{+ NEW SECTION. +} Sec. 2. A new section is added to chapter 35.21 RCW
to read as follows:
(1 ) A city or town may not enact any statute or ordinance that has the
effect, directly or indirectly, of discriminating against consumers' choices in
the placement or use of a home in such a manner that is not equally applicable
to all homes. Homes built to 42 U.S.C. Sec. 5401-5403 standards (as amended in
2000) must be regulated for the purposes of siting in the same manner as site
built homes, factory built homes, or homes built to any other state construction
or local design standard. However, any city or town may require that (a) a
manufactured home be a new manufactured home; (b) the manufactured home be set
http://www.leg.wa.gov/pub/billinfo/2003-04/Senate/657 5-6599/6593 _ sl_ 04062004. txt 2/23/2005
Page 3 of 4
upon a permanent foundation, as specified by the manufacturer, and that the
space from the bottom of the home to the ground be enclosed by concrete or an
approved concrete product which can be either load bearing or decorative; (c)
the manufactured home comply with all local design standards applicable to all
other homes within the neighborhood in which the manufactured home is to be
located; (d) the home is thermally equivalent to the state energy code; and (e)
the manufactured home otherwise meets all other requirements for a designated
manufactured home as defined in RCW 35.63.160. A city with a population of one
hundred thirty~five thousand or more may choose to designate its building
official as the person responsible for issuing all permits, including department
of labor and industries permits issued under chapter 43.22 RCW in accordance
with an interlocal agreement under chapter 39.34 RCW, for alterations,
remodeling, or expansion of manufactured housing located within the city limits
under this section.
(2) This section does not override any legally recorded covenants or deed
restrictions of record.
(3) This section does not affect the authority granted under chapter 43.22
RCW.
{+ NEW SECTION. +} Sec. 3. A new section is added to chapter 35A.21 RCW
to read as follows:
(1) A code city may not enact any statute or ordinance that has the effect,
directly or indirectly, of discriminating against consumers' choices in the
placement or use of a home in such a manner that is not equally applicable to
all homes. Homes built to 42 D.S.C. Sec. 5401- 5403 standards (as amended in
2000) must be regulated for the purposes of siting in the same manner as site
built homes, factory built homes, or homes built to any other state construction
or local design standard. However, any code city may require that (a) a
manufactured home be a new manufactured home; (b) the manufactured home be set
upon a permanent foundation, as specified by the manufacturer, and that the
space from the bottom of the home to the ground be enclosed by concrete or an
approved concrete product which can be either load bearing or decorative; (c)
the manufactured home comply with all local design standards applicable to all
other homes within the neighborhood in which the manufactured home is to be
located; (d) the home is thermally equivalent to the state energy code; and (e)
the manufactured home otherwise meets all other requirements for a designated
manufactured home as defined in RCW 35.63.160. A code city with a population
of one hundred thirty-five thousand or more may choose to designate its building
official as the person responsible for issuing all permits, including department
of labor and industries permits issued under chapter 43.22 RCW in accordance
with an interlocal agreement under chapter 39.34 RCW, for alterations,
remodeling, or expansion of manufactured housing located within the city limits
under this section.
(2) This section does not override any legally recorded covenants or deed
restrictions of record.
(3) This section does not affect the authority granted under chapter 43.22
RCW.
{+ NEW SECTION. +} Sec. 4. A new section is added to chapter 36.01 RCW
to read as follows:
(1 ) A county may not enact any statute or ordinance that has the effect,
directly or indirectly, of discriminating against consumers' choices in the
placement or use of a home in such a manner that is not equally applicable to
all homes. Homes built to 42 D.S.C. Sec. 5401- 5403 standards (as amended in
2000) must be regulated for the purposes of siting in the same manner as site
built homes, factory built homes, or homes built to any other state construction
or local design standard. However, any county may require that (a) a
manufactured home be a new manufactured home; (b) the manufactured home be set
upon a permanent foundation, as specified by the manufacturer, and that the
space from the bottom of the home to the ground be enclosed by concrete or an
http://www.leg. wa.gov/pub/billinfo/2003-04/Senate/657 5-6599/6593 _ s1_ 04062004. txt 2/23/2005
Page 4 of 4
approved concrete product which can be either load bearing or decorative; (c)
the manufactured home comply with all local design standards applicable to all
other homes within the neighborhood in which the manufactured home is to be
located; (d) the home is thermally equivalent to the state energy code; and (e)
the manufactured home otherwise meets all other requirements for a designated
manufactured home as defined in RCW 35.63.160.
(2) This section does not override any legally recorded covenants or deed
restrictions of record.
(3) This section does not affect the authority granted under chapter 43.22
RCW.
Sec. 5. RCW 35.63.160 and 1988 c 239 s 1 are each amended to read as
follows:
(1 ) (({- Each comprehensive plan which does not allow for the siting of
manufactured homes on individual lots shall be subject to a review by the city
of the need and demand for such homes. The review shall be completed by
December 31, 1990.
(2) For the purpose of providing an optional reference for cities which
choose to allow manufactured homes on individual lots, -} ) ) {+ A +} "designated
manufactured home" is a manufactured home constructed after June 15, 1976, in
accordance with state and federal requirements for manufactured homes, which:
(a) Is comprised of at least two fully enclosed parallel sections each of
not less than twelve feet wide by thirty-six feet long;
(b) Was originally constructed with and now has a composition or wood shake
or shingle, coated metal, or similar roof of (({~ not less than -})) {+ nominal
+} 3:12 pitch; and
(c) Has exterior siding similar in appearance to siding materials commonly
used on conventional site-built uniform building code single- family residences.
{+ (2) "New manufactured home" means any manufactured home required to be
titled under Title 46 RCW, which has not been previously titled to a retail
purchaser, and is not a "used mobile home" as defined in RCW 82.45.032(2). +}
(3) Nothing in this section precludes cities from allowing any manufactured
home from being sited on individual lots through local standards which differ
from the designated manufactured home {+ or new +} {+ manufactured home +} as
described in this section, except that the term "designated manufactured home"
{+ and "new manufactured home" +} shall not be used except as defined in
subsection{+ s (1 ) and +} (2) of this section.
{+ NEW SECTION. +} Sec. 6. This act takes effect July 1, 2005.
Passed by the Senate March 10, 2004.
Passed by the House March 3, 2004.
Approved by the Governor March 31, 2004.
Filed in Office of Secretary of State March 31, 2004.
http://www.leg.wa.gov/pub/billinfo/2003-04/Senate/65 75-6599/6593 _ sl_ 04062004. txt 2/23/2005
Washington State BILL
House of Representatives ANALYSIS
Office of Program Research
Local Government Committee
SB 6593
Brief Description: Prohibiting discrimination against consumers' choices in housing.
Sponsors: Senators Prentice, Carlson, Keiser, T. Sheldon and Winsley.
Brief Summary of Bill
. Prohibits local governments from enacting any local statute or ordinance that has the
effect of discriminating against consumers' choices in the placement or use of a
manufactured home.
"
.c/ II ~! /' ," ~ Requires that manufactured homes built to HUD standards be regulated in the same
,; f' ll:.-:J!Y:' manner as site-built homes, factory-built homes, or homes built to any other state
J. j'f/.r: tI-- construction standard.
I . , .J.
'>.~!r'
'- ,
. Grants authority to local governments to enact a limited range of regulations specific to
manufactured homes with respect t? sitin~installation, ~d design,
Hearing Date: 2/19/04
Staff: Thamas Osborn (786-7129).
Background:
All cities, code cities, towns, and counties (local governments) have general authority to adopt
comprehensive plans and zoning ordinances. Local governments required or choosing to plan
under the State's Growth Management Act (GMA) have specific requirements to adopt
comprehensive plans containing certain elements consistent with GMA requirements and to enact
implementing development regulations, including zoning provisions.
A "designated manufactured home" is defined as a manufactured home constructed after June 15,
1976, in accordance with federal construction standards, that meets certain minimum size and
roof pitch requirements, and has exterior siding material similar to materials commonly used in
conventional site-built homes.
Summary of Bill:
Local governments are prohibited from enacting any statute or ordinance that has the effect, either
directly or indirectly, of discriminating against consumers' choices in the placement or use of a
home. Homes built consistent with the National Manufactured Housing Construction and Safety
House Bill Analysis - 1 - SB 6593
Standards Act of 1974,42 U.S.C. Sec. 5401 et. seq., must be regulated in the same manner as
site-built homes, factory-built homes, or homes built to any other state construction standard.
. I{Q,wever,. gsmnties, c;ities, and towns are granted}i!ll!ted ~:.l,lthQJlly to enact regulations specific to
manufactured homes ~ith respect to siting, i.nstalhition, and design.. This regulatory authority is
limited to regulations that require a manufactured home be:
. a "new" manufactured home;
. set upon a permanent foundation;
. consistent with the thermal standards set forth in the state energy code; and
. otherwise consistent with the standards for manufactured homes as set forth in RCW
35.63.160.
The RCW 35.63.160 is amended to delete an obsolete provision and to include a definition of the
term "new manufactured home."
Appropriation: None.
Fiscal Note: Not requested.
Effective Date: The bill takes effect on July 1,2005.
House Bill Analysis .2- SB 6593
SENATE BILL REPORT
SB 6593
As Passed Senate, February 11,2004
Title: An act relating to prohibiting discrimination against consumers' choices in housing.
Brief Description: Prohibiting discrimination against consumers' choices in housing.
Sponsors: Senators Prentice, Carlson, Keiser, T. Sheldon and Winsley.
Brief History:
Committee Activity: Financial Services, Insurance & Housing: 2/2/04 [DP].
Passed Senate: 2/11/04, 49-0.
SENATE COMMITTEE ON FINANCIAL SERVICES, INSURANCE & HOUSING
Majority Report: Do pass.
Signed by Senators Benton, Chair; Winsley, Vice Chair; Berkey, Keiser, Murray, Prentice
and Roach.
Staff: Fara Daun (786-7459)
Background: Federal law preempts state regulation of manufactured housing. Washington
State's uniform building code is equivalent to the federal code.
Summary of Bill: No city, town, code city, or county may enact any statute or ordinance that
directly or indirectly, has the effect of discriminating against consumer choice in the
pl.ac,~trl~n_t or use of a home that doesgot~lx-e~~!!x...1~:~l! hJ.>me~ Homes built to the
federal manufactured housing construction standards must be regulated in the same manner as
site built homes, factory built homes, and homes built to any other state construction standard.
Cities, towns, code cities, and counties may require manufactured housing to be set on a
permanent foundation, be thermally equivalent to the state energy code, and otherwise meet
all other r:.9..u!~IE-~ J~!. a designated manufactured home. -- ----=-~
.-..;----.--.. - ,-,-,~--------
The provision subjecting a city's comprehensive plan that does not allow for the siting of
manufactured homes on individual lots to a review by the city for the need and demand for
such homes by December 31, 1990 is stricken. "New manufactured home" is defined.
Appropriation: None.
Fiscal Note: Not requested.
Effective Date: The bill takes effect on July 1,2005.
Testimony For: None.
Testimony Against: None.
Senate Bill Report . 1 - SB 6593
Testified: No one.
House Amendment(s): .The amend11l,ent narro~~ the limitation on ci!)' ~n.d ..c(:lUnt!'J~g~la!i?ns to
. those for purposes of siting: The foundation stanoardis. changed fromtlle-stafe-builmng codetO
manufacturer specifications and permits requirements fOJ COJ1Cret~ or approved concrete products
!o be placed between the bottom of the home and the ground. An exception is added to the
limitation on local regulation for local design standards that apply to all homes in the
neighborhood. Cities and code cities over 135,000 in population are permitted to designate their
building official as the person responsible for all permits, including labor and industries permits,
for alterations, remodeling, or expansion. It clarifies that legally recorded covenants and deed
restrictions and state law regulating labor and industries take precedence over these provisions.
Senate Bill Report -2- SB 6593