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HomeMy WebLinkAbout5249 ORDINANCE NO. 5249 AN ORDINANCE of the City Council of the City of Bremerton, Washington, making amendments to the Zoning Code by repealing BMC Title 19 and amending BMC Title 20 by adding provisions for Electric Vehicle Charging Stations, amending the Sign Code to clarify code requirements, and remove amortization processes, and by adjusting allowed uses in both the Institutional and Employment Center zones. WHEREAS, the City Council adopted Ordinance 4950 on November 30, 2005 establishing a new Zoning Code; and WHEREAS, through practical use and application of the Zoning Code the need for modification has been identified; and WHEREAS, the City of Bremerton has established a procedure for amending the Zoning Code in Title 20.18.020 (d) of the Bremerton Municipal Code (BMC), which requires amendments to the Zoning Code to be both consistent with the goals and policies of the Comprehensive Plan and to be consistent with other applicable rules and regulations; and WHEREAS, the amendments set forth in this ordinance are consistent with the City's Comprehensive Plan, County Wide Planning Policies, The State Growth Management Act, and other applicable regulations and ordinances; and - WHEREAS, on January 21, 2014 the Planning Commission conducted a workshop on the proposed amendments; and WHEREAS, on February 10, 2014 the proposed Zoning Code amendments were circulated to the State Agencies for the expedited 10 -day review and comment period and the City received conformation on February 10, 2014 that the notice was received; and WHEREAS, on February 10, 2014 a SEPA DNS was issued for the proposed action with an administrative appeal deadline of February 24, 2013 and no appeals were filed; and WHEREAS, on February 8, 2013 the public was notified by a legal advertisement in the Kitsap Sun of the opportunity to make comment and participate in the public hearing held by the Planning Commission; and WHEREAS, on February 18, 2014 the Planning Commission conducted a public hearing on the Zoning Code amendments and formulated a recommendation to forward the amendments for City Council consideration; and 1 2014 Zoning Code Amendments WHEREAS, on April 11, 2014 the public was notified by a legal advertisement in the Kitsap Sun of the opportunity to make comment and participate in the public hearing by the City Council; and WHEREAS, on April 9, 2014 the City Council conducted a public hearing and considered all testimony prior to their decision-.1 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. The findings and conclusions adopted by the Planning Commission attached hereto as Exhibit A are adopted and incorporated as if set forth fully herein. SECTION 2. Title 19 of the Bremerton Municipal Code consisting of Chapter 19.04 entitled "Parking" and Chapter 19.08 entitled "Mobile Homes" is hereby repealed in its entirety: T-Me 19 MOBILE HOMES .4 PARKJ IG 19.04.010 UNLAWFUL unlawful, it is > fer- any per-son to park any mobile heme, then used for- human > on any street, alley OF highway, plaee, • Chapter- 19.08 MOBILE HOME PARKS 19.08.010 REGULATIONS GENERALLY LOCATION. r tna e , , ... i anee w ith the r-eg e t .t i thi ehapto 1 9.08.020 AREA Eaeh mebile heme park shall eentain net less than three aer-es of land and shall pr-evi > width, s pli additional off stfeet par-king for- one autemebile, 1 1 9 .08.030 TRAILER E PLACEMENT. !`Y`. Ai1T. NT . Eaeh tfailer- within said heme park shall be set baek at least fifty feet from the fient street. and shall have a ten feet side elear-anee ftem any adjaeent street, alley or- sidewalk. tff. A i. 1. shall be plaeed upen any site at any less distanee thaft ten feet fiem any 9theF building or- tFail 2 2014 Zoning Code Amendments 19.08.040 PLANT-ING SCREEN.- A mobile heme park adjaeefit to or- abuRing upon an R 1 or- R 2 area shall pr-evide a ten feet high planting s er-een o n the sides an e f said park 19 STR T. T& All streets within said park shall be paved with a hard swfaee and shall be not less t thiAy feet in s ingress a-ad egress te said park and streets shall be subjeet to the appr-eval of 1 O 08 060 COMPLIANCE WITH OT ER REGULATIONS TIONS Said park shall be adequately lighted and dr-ained and shall be eenstmed in esempliane-e with the building, > saaitmy, gafbage, plumbing and all other- ffdiflaflees ef the eity and . . Ints for- the same shall be subjeet ie the approval ef the health depaFtment, engineer-, 19 08.0 70 PLAT T DY A N PERMIT Pr-ier- to the issuanee of any pefmit, a plat plan in full detail shall be pr-evided so tha shall be i b the b : eete« o pen the p ayme nt of'., foe o f t fi defl ..fte. SECTION 3. Section 20.42.020 of the Bremerton Municipal Code entitled "List of Defined Terms" is hereby deleted in its entirety: 20.42.020 LIST OF DEFINED TERMS. Abandoned A vee.......-y dwellin unit (A DU) 1) AeFe, fie Adult family home Afley A lte et:., z Altefation stfuetWal Antenna, towe An4e ma, W i F Ae SS Appheant Appui4enanee or- Appendage Area of sig� Ate. rrrracsccnv 3 2014 Zoning Code Amendments Autemebile sales Automobile afld- Bay windew Bed and br-e—BEfast Buffering Building eede Building coverage Building envelope Building lifie Bulletin bear-d4iosk Ear- wash Gafetak CaFetaker-'s re sidence Cell on wheels (COW) Change ef use Changeable eepy4eader-beard sign G "p C-elleetive gar-den Cemmunity facility Geneeale Day c f e dit . Deek Density Density, Maximum Density, minimum D etached D e l o n t e Dir-eete Drinking place Drive through faeflity Duplex Dwelling unA Dwelling, eenventional Dwelling modular or- f built Dwelling, multi unit stmetur-e Dwelling, single unit attached >~. uea 1.i g h e « an d .... ege 4 2014 Zoning Code Amendments Eatef4ainmeat use Equipment stmetur-e F � A r A F i CC Fenee 1::...,« and a l estate nzxarr � ° Fe ster- heme Fr-aarahise business Reestandin FFORtage Garage Gas statien Grade f aver-age final Gr-ade, e xisting Cress leer- area Gr-eup residential Gr-eup residential Class 1 (assisted living) Gr-eup residential home Heavy industriaWmanufaetur-ing Height Heme eeupafief3 Heme -A S se- c eff Hespital Household ide ill egal sign incidental sign Kennel Light industr-iaWmaffufaetur-ing Leading area bet L ot area Lot line, bet - line, rear- Lot line, side Let, depth Let, flag L ot , water - .rent b et , w idth Maintain 5 2014 Zoning Code Amendments ManufaetWed home MaFina wee Memel labOFater -Y Mobile home Menufnent Multiple building eemplex- wrrrs Museum and galler-y Nursery aiid greenhouse Offilee and business se at Off pFemises sip Open spaee P ar-eel Park, playground and open spaee Par- „toll _to Par-king, Paved sur-fac-e Do „1 Pief: P er-eh Pele sign Peftable sign D, rrcmijc Priv club !edge or- T D. reduccscg D ` zx °J° sign Pr-evidee� D„l.l; D „1: .,to Reeyeling eelleefien station (limited) Rehabilitation 6 2014 Zoning Code Amendments Residenti w Residential, as seeaendaFy use Re staurant Restaurant fast feed Retail, gener4 Rezo � Sandwieh board sign S dish Senior- eitizen Sethaek minimum shop Shopping eenteF Sidewalk vender- Sign stmetur-e S .,1 Stadium and spei4s eofnpk-x- Ster-age building and shep ete�. Stefy Street Street, private StF $tk!Etkli-e, prineipai S upp er t „t fuc t ur -e T-emper-aff der �e T-raxsienpersen Use, aceessefy Use, eenditienal Use, pr-ineipa4 Use, tefnpeFar-y v., Vesting Veterinary elinies and animal hespM6 Wall sign W aFeheusing 7 2014 Zoning Code Amendments Whip antenna Worship and religious faeilit Y-af-d Yard, eenstfuetien or- storage Ze lot li SECTION 4. Section 20.42.040 of the Bremerton Municipal Code entitled "Definitions" is hereby amended as follows: 20.42.040 DEFINITIONS. The following definitions shall be applied within this title: (a) Definitions "A ": "Abandoned sign" means any sign, including its structure and other components, which is located on vacant property or an unoccupied building for a period of one (1) year -(§) menths or more and which, during that time, is not used for legal sign purposes; or which relates to a time, event or purpose which no longer applies; and/or which has been allowed to deteriorate to become a public hazard or eyesore. "Abandonment" or "abandoned" means to cease operation for a period of ninety (90) or more consecutive days unless documentation is provided to the City that negotiations are underway potentially leading to the sale, lease, or resumption of operations, in which case a wireless telecommunications facility may not be considered abandoned for an additional period not to exceed ninety (90) days. "Accessory dwelling unit (ADU)" means a second dwelling unit on a lot with an existing principal unit added to or created for use as a complete, independent or semi - independent living unit with provisions for cooking, eating, sanitation and sleeping, and which complies with the development and design standards contained in this code for ADUs (BMC 20.46.010). "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 nondevelopable areas of land from a gross acre of land (forty -three thousand five hundred sixty (43,560) square feet). (See also "Acre, gross. ") "Acre, gross" means a measurement of land equal to forty -three thousand five hundred sixty (43,560) square feet with no deductions or subtractions for elements such as public or private streets or nondevelopable areas. (See also "Acre, net. ") "Adjoining" or "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 (4) lanes of traffic or more. "Administrative Hearing Examiner" means a person appointed with the powers set forth in Chapter 2.13 BMC. 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 Chapter 2.62 BMC. "Adult Entertainment Business:" See BMC 20.46.110. 8 2014 Zoning Code Amendments "Adult family home" means a residential home in which a person or persons provide personal care, special care, room, and board to more than one (1) but not more than six (6) 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 U.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 (3 0) 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. "Alteration" means any change in the size, shape, method of illumination, position, location, construction or the supporting structure of a sign. "Alteration, 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 tower" means any structure that is designed and constructed primarily for the purpose of supporting one (1) 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, sixty (60) feet in height. (2) "Type II tower" means a tower greater than sixty (60) feet in height. "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) An "omnidirectional antenna" transmits and receives radio frequency signals in a three hundred sixty (360) degree radial pattern. For the purpose of the provisions set forth in BMC 20.46.140, an omnidirectional antenna is up to fifteen (15) feet in height and up to seven (7) inches in diameter. If otherwise meeting the definition, a whip antenna is considered an omnidirectional antenna. (2) A "directional antenna" transmits and receives radio frequency signals in a specific directional pattern of less than three hundred sixty (360) degrees. (3) A "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. "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. "Area of a sign" means the total space within the frame or outer dimensions of a sign and including any logos or other artistic or architectural features that are directly related to or an integral part of the sign. (See also BMC 20.52.060, Sign measurements.) 9 2014 Zoning Code Amendments "Art gallery" means a room or series of rooms 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 (55) 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. "Automobile sales" means an establishment primarily engaged in the sale or rental of personal or commercial vehicles such as cars, trucks, vans or motorcycles. "Automobile service and repair" means an establishment primarily engaged in repairing, maintaining or servicing automobiles including battery exchange station "Awning /canopy" means a temporary or movable shelter (awning), or a fixed rigid shelter (canopy) supported entirely by the exterior wall of the building and generally extending over a pedestrian walkway. When used in conjunction with signs, only that portion of the awning or canopy that is actually used as a sign shall be included in sign area calculations. Lighting of the awning or canopy, whether directly, indirectly, or by back - lighting, shall have no effect on the sign requirements, unless lighted signs are specifically prohibited in that area or zone. (bl Definitions `B ": "Battery charging station" means an electrical component assembly or cluster of component assemblies designed specifically to charge batteries within electric vehicles, which meet or exceed any standards, codes, and regulations set forth by Chapter 19.28 RCW and consistent with rules adopted under RCW 19.27.540. "Battery exchange station" means a fully automated facility that will enable an electric vehicle with a swappable battery to enter a drive lane and exchange epleted battery with a fully charged battery through a fully automated process, which meets or exceeds any standards, codes, and regulations set forth by chapter 19.28 RCW and consistent with rules adopted under RCW 19.27.540. "Bay window" means a window projecting outward from an exterior wall of a structure. The protrusion has a maximum depth of thirty (30) inches, and a maximum horizontal width of twelve (12) feet. The base of the projecting window is at least twenty -four (24) inches above grade directly below the center of the window. "Bed and breakfast" means an owner - managed and owner - 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 house" or "rooming house" means a single -unit residential structure in which rooms without kitchens are provided for nontransient 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 any one or a combination of fences, walls, berms, high shrubs, trees, or other landscaping. Distance separation is also a form of buffering. 10 2014 Zoning Code Amendments "Building code" means the International Building Code and related codes as amended and adopted by the City of Bremerton. "Building coverage" means that portion of a lot covered by the roof areas of all structures. This shall not include open decks up to thirty (30) inches above ground, except if it provides a roof over occupancy underneath. "Building envelope, allowable" means the three (3) 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 do not necessarily correspond with the location of any existing structures or other improvements. "Bulletin board /kiosk" means a permanent sign structure intended to accommodate changeable copy such as private or public notices, special event information, and other short- term messages, and generally at a scale suitable for pedestrians and not intended to be read by passing motorists. These signs are exempt from sign permits and size requirements if they are provided for the use of the general public and not for commercial advertising purposes. (c) Definitions "C ": "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. "Caretaker" means a person who maintains or watches over someone else's land or property on a part-time or full -time schedule. The caretaker may live on the property or elsewhere. "Caretaker's residence" means an accessory dwelling unit provided by the owner of a property to be used exclusively as living quarters for the caretaker(s) of that property. "Carport" means an attached or detached partially enclosed accessory structure intended primarily for the storage of private vehicles such as automobiles, light trucks, or recreational vehicles which is open to the weather on at least two (2) sides. "Cell on wheels (COW)" means a mobile telecommunications facility transported by a motor vehicle for temporary on -site use. "Change of use" means a change in the utilization or occupancy of a property or building from one use to another. "Changeable copy /readerboard sign" means a sign structure that may be internally or externally illuminated and intended to accommodate changeable lettering, numbering, graphic displays, or other short-term messages. Generally used for commercial advertising or for public service announcements of current or coming events. (Also see "Public information/identification sign. ") "City" means the City of Bremerton, Washington. "Collective garden" means gardens established and/or maintained for the growing, production, transportation, and delivery of cannabis, by qualifying patients, for medical use, as defined in RCW 69.51A.085, as currently enacted and hereinafter amended. "Co- location" means the placing of a wireless telecommunications antenna on an existing support structure. 11 2014 Zoning Code Amendments "Community facility" means a facility operated by a public agency or nonprofit organization for social gatherings, meetings, learning, recreation, programs to promote economic independence, or similar functions. "Concealed" means a wireless telecommunications antenna or facility that is not evident; it is disguised, hidden by or integrated with a structure that is not a telecommunications tower; or, a personal wireless service facility that is placed within an existing or proposed structure. "Construction sign" means a sign that relates directly to a construction project taking place on the premises and may include such information as the name of the project and contractors, phone numbers, completion dates, and similar information about the project. (d) Definitions "D ": "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 of less than twenty -four (24) hours. "Deck" means an open platform wider than eighteen (18) inches. A deck may be freestanding, cantilevered from a building, or connected to the ground with steps or ramps. A deck that is higher than thirty (30) inches above finish grade may be referred to as a raised deck, a rooftop deck, a balcony, or other suitable term. "Density" means a measure of residential concentration, usually expressed as the number of dwellings per acre of land. For the purposes of calculating allowable densities within this code, density shall be measured on a "net" basis, whereby unusable areas such as rights -of- way and lands in public or shared ownership shall be deducted from the overall area in the calculation. For example, a one hundred and twenty (120) acre area containing twenty (20) acres of rights -of -way and public lands and three hundred (300) dwellings has a (net) density of three (3) dwellings per acre (three hundred (300) dwellings /one hundred (100) usable acres). (See also "Acre, net" and "Acre, gross. ") "Density, maximum" means the maximum number of dwellings allowed per the net buildable acreage as stated for each zone. Where not specified in a zone chapter, no maximum density shall apply. "Density, minimum" means the minimum number of required dwellings per net buildable acre as stated for each zone. Where not specified in a zone chapter, no minimum density shall apply. "Detached" means any residential structures on the same lot that are not connected and have a fire separation of no less than six (6) feet as defined in Section R 302 of the IRC. For commercial structures see the International Building Code. "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. "Development coverage" means that portion of a lot covered by the impervious surface areas of all structures, and impervious paved areas, such as driveways and walkways. "Directional sign" means a permanent sign which is designed solely for the purpose of directing motor vehicle, pedestrian, bicycle, or other traffic, or individuals toward a specific destination or route. "Director" means Bremerton's Director of Community Development and his /her designee. 12 2014 Zoning Code Amendments "Drinking place" means an establishment selling intoxicating beverages for consumption on the premises. "Drive- through facility" means an automobile- oriented component of a permitted use that includes both service window(s) and a stacking lane designed primarily for drive - through trade, and which provides service and caters to patrons while in their motor vehicles. (See BMC 20.44.120.) "Duplex" means a structure containing two (2) dwelling units on a single lot. "Dwelling unit" means a living space or combination of rooms designed to provide independent year -round living facilities for one (1) family or household, constructed to the minimum standards of the IBC or HUD Code, and with provisions for sleeping, eating and sanitation. "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 of the International Building Code (IBC). "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 International Building Code (IBC) or the HUD Code. (See also "Manufactured home. ") "Dwelling, multi -unit structure" means a structure containing three (3) or more dwelling units. (Also referred to as a "multifamily structure. ") "Dwelling, single -unit attached" means two (2) 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 (2) attached units. (See also "Zero lot line.") "Dwelling, single -unit structure" means a structure containing one (1) dwelling unit. (Also referred to as a "single- family dwelling," or a "house. ") (e) Definitions "E ": "Education" and "school' means an institution primarily engaged in teaching and learning, operated by a public school district, nonprofit organization, or a private organization. Business and trade schools and Montessori schools are included, as are satellite buildings of higher education colleges. "Education, higher and college" means a higher education college or university primarily engaged in teaching and research, and comprised of multiple educational buildings within a campus setting. "Electric vehicle charging station" means a public or private parking space that is served b b�a charging station equipment that has as its primaa purpose the transfer of electric energy (by conductive or inductive means) to a battery or other energy storage device in an electric vehicle. An electric vehicle charging station equipped with Level 1 (120 volts) or Level 2 (240 volts) charging equipment is permitted outright as an accessory use to any principal use. "Electric vehicle infrastructure" means structures, machinery, and equipment necessary and integral to support an electric vehicle, including erry charging stations, rapid charging stations, and battery exchange stations. 13 2014 Zoning Code Amendments "Entertainment use" means an establishment with a primary function as a venue for entertainment activities in an indoor facility, excluding motion picture theaters and adult entertainment. Entertainment uses include video arcades, bowling alleys, billiard halls, performing arts centers, dance halls /night clubs and similar uses. "Equipment structure" means a structure, shelter, cabinet, or vault used to house and protect the electronic equipment necessary for processing wireless communication signals. Associated electronic equipment may include air conditioning, backup power supplies and emergency generators. (fl Definitions "F ": "FAA" means the Federal Aviation Administration. "FCC" means the Federal Communications Commission. "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. "Finance," "insurance" and "real estate" means an establishment primarily involved in finance, such as depository and nondepository institutions, holding companies, investment companies, and brokers; insurancd, such as carriers of all types, agents and brokers; and real estate, such as leasers, buyers, sellers, agents and developers. "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 (6) foster children, three (3) expectant mothers, or three (3) other adults requiring full -time care. "Franchise business" means a business granted authorization by a manufacturer or parent company to sell or distribute goods or services at a certain location. "Freestanding sign" means a sign which is designed solely for the purpose of directing motor vehicle, pedestrian, bicycle, or other traffic, or individuals, toward a specific destination or route, which is not affixed to a building. "Frontage" means the actual length of the front property line abutting a street or alley (if no street frontage), or length of the property line of a flag lot that most closely parallels the street it most directly relates to. (g) Definitions "G ": "Garage" means an attached or detached enclosed accessory structure intended primarily for the storage of private vehicles such as automobiles, light trucks or recreational vehicles. "Gas station" means a land use involving the retail sale of gasoline or other motor vehicle fuel or oil including electric vehicle rapid charging stations Gas stations include self - service and full- service operations. "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 (5) feet from the building, grade is the lowest point of elevation of the finished surface between the building and a line five (5) feet from the building. For structures built over water, "grade" shall mean the elevation of the ordinary high water mark. For the purposes of signs, "grade" is the level of the ground surface immediately below a sign or proposed sign location, and where slope is involved is the average of the levels at each supporting member of the sign's structure. 14 2014 Zoning Code Amendments "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. "Grade, existing" means the grade or topography existing prior to any excavation, clearing, grading or filling. "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 I (assisted living)" means a group care residence for seven (7) 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 prerelease, 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 (1) but not more than six (6) 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 U.S.C. 3604(f)(3)(b). (h) Definitions "H ": "Heavy industrial /manufacturing" means a land use involving assembly, construction, research and testing, processing or extraction of goods or materials, with the potential to create noise, smoke, dust, vibration, odor or other environmental impacts or pollution. Storage of equipment or products having similar environmental impacts are also included. Heavy industrial /manufacturing uses include extraction or refinement of raw materials, mass production of large durable goods, production of industrial chemicals, rolling or drawing of metals, and any process that involves extensive use of hazardous or volatile materials or chemicals. Production processes that produce continuous high levels of noise, produce obnoxious odors detectable off - site, or produce off -site light or glare impacts constitute heavy industrial/manufacturing. (See also "Light industrial /manufacturing. ") 15 2014 Zoning Code Amendments "Height" in the context of wireless telecommunications facilities means the following: (1) Related to Tower I and Tower II support structures, "height" means the dimensions of the tower as measured from the base of the tower at the foundation center to the top of the tower excluding antennas. (2) Related to existing or proposed buildings, height is determined as per BMC 20.44.070, except that the highest point of a building with a pitched or hipped roof shall be considered, for purposes of this definition, to be the highest point of the roof. "Home occupation" means any nonresidential 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. "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. "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" and "lodging place" 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. "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. 6) Definitions "I ": "Identification sign" means a sign intended solely to inform the public of the use of a property, building, office, or premises, and which may typically include the address, suite number, or other identifying information, but that does not include advertising or messages that are not necessary for the identification of the premises. "Illegal sign" means any sign or advertising device which was erected or altered in violation of the sign codes in effect at the time of such action and which remain in violation of existing codes. "Impervious surface" means any material which reduces or prevents absorption of storm water into previously undeveloped land. (See also "Paved surface. ") "Incidental signs" means signs that are intended for the convenience of the public, which are informational only, and which do not include the advertising of products or services. Such signs include business hours signs, credit card signs, entrance and exit signs, and similar signs, some of which may be required by law for safety purposes. "Incubator for business" means a facility that provides organizational, mentoring or capital support intended to accelerate the successful development of start-up companies, or imparts job and business skills to employees or trainees. Incubated businesses make progress toward graduation to independence and relocation into permanent facilities. (j) Definitions "J ": 16 2014 Zoning Code Amendments "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. W Definitions "K ": "Kennel" means an establishment where five (5) or more domestic animals older than six (6) months are kept, whether for compensation or not. This does not include veterinary clinics/hospitals, pet shops or zoos. (1) Definitions "L ": "Light industrial /manufacturing" means a land use involving assembly, processing or research and testing of parts or materials or chemicals made or refined at another location. Light industrial /manufacturing uses have little or no potential of creating noise, smoke, dust, vibration or other environmental impacts or pollution. Production processes do not employ the extensive use of hazardous or volatile materials or chemicals, produce continuous high levels of noise, produce obnoxious odors detectable off -site, or produce off -site light or glare impacts. Storage of equipment or products that do not create environmental impacts, and mini - storage is included. (See also "Heavy industrial /manufacturing. ") "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 (20) 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, except when an unbuildable critical area, as defined per BMC 20.14.200, comprises twenty -five (25) percent or less of the lot, it may be included in the lot area. "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. (See also Figure 20.44(a).) "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. Corner lots do not have rear lot lines. (See also Figure 20.44(a).) "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. (See also Figure 20.44(a).) "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 (2) side lot lines will be determined in the most reasonable manner, based on the lot's longest average dimension. "Lot, flag" means a lot with access to its street by way of a narrow strip of land having a minimum width of twenty (20) feet. A flag lot consists of two (2) parts. (1) The "flag" or main body of the lot; and (2) The "panhandle" or narrow accessway connecting the body of the lot to the street. 17 2014 Zoning Code Amendments "Lot, waterfront" means a lot of which any portion abuts wetlands or any water body regulated under the Bremerton Shoreline Master Program. "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. (ml Definitions "M ": "Maintain" means to allow to exist or continue to exist. Also, where the context indicates, to keep in a safe, neat and clean condition. "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. "Marquee" means a permanent roofed structure attached to and supported by a building and projecting away from the building, usually over a public walkway and typically common to theaters. A marquee itself is not a sign, but is commonly used to support signs. "Medical laboratory" 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. "Medical office" and "clinic" means an establishment primarily engaged in providing medical, dental or other health care services to patients on the premises, but which excludes facilities for overnight patient care. Medical clinics that do not have facilities for overnight patient care are included. "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 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.") "Monument sign" means a freestanding sign placed on a base of solid appearance, wherein the width of the base is equal to at least forty (40) percent of the width of the sign face. "Motion picture theater" means any premises in which motion pictures are shown as the principal use of the premises, and wherein fees of any kind are charged, and wherein such movies are shown on a regular basis. "Multiple- building complex" means a group of structures housing a combination of business, office, residential, or other uses, and which shares a common area, access, parking and/or other facilities. "Multiple- occupancy building" means a single building housing more than one (1) retail business, office, commercial venture or other allowed land use. 18 2014 Zoning Code Amendments "Museum" and "gallery" means a building, room, vessel (boat or ship), or site intended for the preservation and exhibition of artistic, historical, or scientific objects. (n) Definitions "N ": "Nonconforming sign" means a sign that was legally established, but no longer conforms to the current sign standards of this title. "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) "Nholesale nursery/greenhouse" raises nursery stock for sale to retail nurseries or other businesses. (3) "Greenhouse" means 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. "Nursing /convalescent 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 (24) consecutive hours for three (3) 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 of the healing arts. It may also include community -based care. This does not include group residential facilities, hospitals, sanitariums, or treatment centers. (o) Definitions "O ": "Office" and "business service, general" means a place of employment providing services other than production, distribution, sale or repair of goods or commodities, excluding personal business services and medical offices. General office and business services include: legal, architectural, engineering, consulting or other professional services, or management, administrative, secretarial, marketing, advertising, or similar services. "Off- premises sign" means any sign, including billboard signs, that contains a message or directs attention to a business, profession, product, event, activity, or service that is not related to a use or activity conducted or offered on the premises or at the location where the sign is located, excluding official road direction signs but including the sign faces(s) that contain(s) the message or direction noted above, as well as the pole or other structure upon which the sign face is attached. Off - premises signs include off - premises banners and signs carried by human beings or live animals when carried on the public right -of -way or any off - premises location. "Open space" means land area not covered by buildings, roads, driveways, parking areas, or outdoor storage areas, including, but not limited to, landscape areas, gardens, walkways, courtyards, lawns, or outdoor recreation areas, the use of which is intended for and accessible to all of the persons residing in the development of which the open space is a part. Open Space. 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, 19 2014 Zoning Code Amendments parking areas, required yard areas, land occupied by buildings or structures, nor other impervious surfaces that are not related to the open space. "Opiate substitution treatment facility" means an organization that administers or dispenses an approved drug as specified in 212 Code of Federal Regulations (CFR) Part 291 for treatment of detoxification of opiate substitution. The agency is: (1) Approved by the Federal Food and Drug Administration; (2) Registered with the Federal Drug Enforcement Administration; (3) Registered with the State Board of Pharmacy; (4) Licensed by the county in which it operates; and (5) Certified as an opiate substitution treatment agency by the State Department of Social and Health Services. "Outdoor athletic fields" means outdoor facilities used for sporting activities such as softball, baseball, football, soccer, running track, tennis complex and other nonmotorized sports. Outdoor athletic fields may include bleachers, concession stands, lights, restrooms and other supporting facilities. W) Definitions "P ": "Parcel" means a continuous quantity of land in single ownership or under single control, consisting of one (1) or more lots, and considered a unit for purposes of development. (See "Lot. ") "Park," "playground" and "open space" means a site designed, developed, or reserved for recreational use by the public, such as play areas, community gardens and natural areas. "Parking, satellite" means a parking lot containing parking stalls required for a permitted land use, but in a location not contiguous to or abutting the permitted land use. "Parking, structure" means a parking lot in which parking stalls are located either below grade, or in a multilevel building structure. "Paved surface" means a surface paved with asphalt, concrete, concrete pavers, brick or similar durable materials. Low - impact development technologies which provide a hard surface while allowing for water penetration shall be classified as paved areas. Paved areas do not include gravel, crushed rock, and similar nonbound materials. "Personal service" means an establishment engaged primarily in providing services involving the care of a person, apparel or minor appliances, such as: shoe repairs, laundry and dry- cleaning, beauty and barber shops, clothing /costume rental, tanning, other personal grooming facilities and domestic assistance services, and personal computing device or cellular phone repairs. This does not include massage parlors, health care services, exercise establishments, nor funeral services. "Physical fitness and health club" means an establishment primarily engaged in providing facilities for indoor physical fitness activities and recreation. Physical fitness and health clubs may include such facilities as gymnasiums, swimming pools, and ball courts. "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. "Pole sign" means a freestanding sign supported by uprights or braces wherein the width of the uprights or braces comprises less than forty (40) percent of the width of the sign face. "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. 20 2014 Zoning Code Amendments "Portable sign" means any sign designed to be moved easily and not permanently affixed to the ground or to a structure or building. A -frame or sandwich board signs and movable readerboard signs are examples. "Premises" means contiguous land in the same ownership or control not divided by a street or public right -of -way. "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. "Product sign" means any sign with a face consisting of more than fifty (50) percent of the area devoted to the advertisement of a commercial product or product logo without integrated advertising for the on- premises business establishment, community facility, or temporary event. "Projecting sign" means a sign, other than a wall sign, which is attached to and projects from a structure or building facade and the face(s) of which is not parallel to the building's facade. This sign may be supported by a structure in addition to its building or wall support. "Provider" means every corporation, company association, joint stock company, firm, partnership, limited liability company, other entity and individual licensed to provide personal wireless services over personal wireless communication facilities. "Public administration" means services and facilities operated by public agencies and serving a community need, and generally including staffed facilities or office spaces. These include government offices, post offices, satellite police and fire station, and other public buildings. "Public distribution /transmission facility" means the infrastructure lines and connections employed in the delivery and conveyance of utility services. Distribution facilities include equipment such as pipes, wires, cables and similar equipment necessary for delivering utilities including water, sewer, electricity, gas, broadband, and other services. Publicly owned utilities as well as privately owned utilities that serve the general public are included. (See also "Public utility facility. ") "Public utility facility" means facilities provided for the benefit of the general public related to infrastructure and utilities. These include structures and equipment such as transfer stations, substations, pumping stations, distribution mains, wells, and related utility facilities and the structures that house them. Publicly owned utilities as well as privately owned utilities that serve the general public are included. (See also "Public distribution facility. ") "Public information /identification sign" means a sign intended solely to inform the public of events or activities of community interest, to identify the entrance to or exit from the City or a district or neighborhood within the City, and which does not include the advertising of any business, product or service of a commercial nature, nor any logo, symbol, or other indication of a commercial message or sponsorship. "Public services" means services provided for the benefit of the general public, including fire protection and suppression, law enforcement, public health, education, information, recreation, environmental protection, development assistance /permitting, etc. W Definitions "R ": "Rapid charging station" means an industrial grade electrical outlet that allows for faster recharging of electric vehicle batteries through higher power levels, which meets or exceeds any standards, codes, and regulations set forth by chapter 19.28 RCW and consistent with rules adopted under RCW 19.27.540. 21 2014 Zoning Code Amendments "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. These units include, but are not limited to, travel trailers, fifth -wheel trailers, folding camping trailers, truck campers, and motor homes. "Recreational vehicle (RV) park" means a facility designed to provide two (2) or more sites on which to park travel trailers, motor homes or similar recreational vehicles for periods not to exceed thirty (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 nonresidential 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 of that zone. (See design standards in center and corridor zones.) "Residential use" means structures meeting the definition of Group R, Division 3 occupancies under the edition of the International Building Code currently adopted for use by the City. "Restaurant" means a commercial use which sells a variety of prepared food and beverages and provides accommodations for consuming those products on or off the premises. "Restaurant, fast food" means an establishment whose principal business is the sale of a limited variety of preprepared or rapidly prepared food and beverages directly to the consumer for consumption either on- premises 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. "Retail, general" means an establishment primarily engaged in the sale or rental of goods or merchandise to the general public for personal or household consumption, and primarily rendering services incidental to the sale of such goods. Establishments with a portion of their sales going to other businesses or contractors, such as office supply stores, butcher shops, paint stores, hardware stores and similar shall also be considered general retail. Art studios shall also be included. General retail uses do not exceed seventy -five thousand (75,000) gross square feet of ground floor building area and do not include gas stations or automobile sales. "Retail, large" means an establishment with a building area of seventy -five thousand (75,000) gross square feet or greater in the ground floor, primarily engaged in the sale or rental 22 2014 Zoning Code Amendments of goods or merchandise to the general public or other businesses for personal, household or business consumption and primarily rendering services incidental to the sale of such goods. Large retail uses often include wholesale stores, discount stores, malls, shopping plazas, outlet centers, department stores and similar. (s) Definitions "S ": "Sandwieh board s i gn " equal pei4iens, hinged at t4e top sueh tha4 when plaeed en the gr-etind the sign is self suppei4ifft. Sandwieh board signs typieally fefm the shape of a letter- "A" when epened and Festing en the lid. " _ atellite Dish -_ See omnidirectional antenna under Antenna, wireless. " "Senior citizen" means an individual of fifty -five (55) years of age or older. "Senior housing complex" means a planned residential community, intended and operated for occupancy by sener citizens, which consists of any mix of detached single - family or duplex dwellings and/or retirement apartments, wherein at least eighty (80) percent of the occupied units are occupied by at least one (1) senior citizen. "Setback, minimum" 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. All portions of a structure must be located away from the property line a distance equal to or greater than the minimum setback. "Setback, maximum" means a required maximum horizontal distance between the finished exterior wall of a structure and the lot line of the lot on which it is located. Where maximum setbacks are stipulated, zone districts specify what portion of the structure's finished front facade width must be located a distance equal to or lesser than the maximum setback from the property line. A maximum setback shall apply to the height of a structure up to fifteen (15) feet above grade, or the height of the building, whichever is less. Where not specified, no maximum setback shall apply. "Shop:" Refer to the definition of "storage building." "Shopping center" means a contiguous collection of retail businesses under one (1) ownership or common management located in a building or set of buildings. "Sidewalk vendor" means a person(s) who sells edible or nonedible 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.) "Sign structure" means any structure specifically intended to support a sign, and which may include supports, uprights, braces, framework, or other members needed for support. "Social services" means establishments primarily engaged in providing social and rehabilitation services to improve life skills and increase socioeconomic opportunities for neighborhood or community residents of all ages. Establishments primarily engaged in providing welfare and charitable functions are included. 23 2014 Zoning Code Amendments "Stacking lane" means a designated driving lane provided for vehicles waiting for, receiving, and exiting after receiving a service at a drive -up window from a permitted use. The lane is physically separated from other traffic and pedestrian circulation on the property and includes adequate area for cars to wait for service. "Stadium and sports complex" means a large structure for open -air sports and entertainment generally consisting of tiered seating where people can sit and watch games or events. Sports complexes may also include recreational motor vehicle tracks such as go -cart tracks. Associated field houses and facilities for serving food are often included. "Storage building" and "shop" mean an attached or detached accessory structure which is used for noncommercial storage of household goods or noncommercial recreational and hobby uses in association with the principal use. "Storage yard, outdoor storage" 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 (6) feet above the finished grade for more than fifty (50) 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 twenty (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 International Building Code to have, a permanent attachment to the ground but is subject to building permits. "Support structure" means any existing or proposed building, utility pole, or tower capable of supporting a wireless telecommunications antenna. Support structures include, but are not limited to, existing buildings, water towers, and utility poles and/or towers. (t) Definitions "T ": "Temporary sign" means a sign that is not permanently affixed, and which is intended for short -term use, such as to advertise a specific activity such as a special promotion, sale, or fund- raising event, but not including political or election signs. For the purposes of this code, temporary signs are those displayed for between seven (7) and sixty (60) days. 24 2014 Zoning Code Amendments "Tower" means any structure that is designed and constructed primarily for the purpose of supporting one (1) 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, sixty (60) feet in height. (2) "Type II tower" means a tower greater than sixty (60) feet in height. "Townhouse," for purposes of this code, means a single -unit structure in a row of at least three (3) 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 (1) 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 condominium ownership. "Transient person" means a temporary lodger who stays no longer than thirty (30) days per visit. "Transportation facility" means facilities in support of mass transit or multimodal forms of transportation, including transit stations, transit stops, taxicab stands, transportation services, bicycle facilities battery charging stations, electric vehicle charging stations, and similar. (u) Definitions "U ": "Use" means the purpose or activity for which land or improvements are intended, occupied or maintained. "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, 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, principal" means the primary or main use conducted or allowed on a lot or parcel. "Use, temporary" means a use that may occur on a lot on a short-term or seasonal basis for a prescribed period of time, which usually does not exceed a six (6) month duration during a twelve (12) month period. (v) Definitions "V": "Vehicle- or trailer - mounted sign" means a sign placed or maintained on a stationary automobile, truck, trailer, or any other motor - driven vehicle. Vehicle- or trailer- mounted signs do not include signs painted or placed on commercial vehicles announcing or advertising the regular business activity of the vehicle owner. Vehicle- or trailer- mounted signs do not include signs on vehicles for sale at a licensed sales lot, nor signs on public transit vehicles including buses and licensed taxicabs. "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 clinic" and "animal hospital" mean a facility providing routine and emergency medical attention to domestic pets and other animals. 25 2014 Zoning Code Amendments (w) Definitions "W ": "Wall sign" means a sign attached directly to or erected against the wall of a building with the face parallel to the facade of the building and extending no more than twelve (12) inches from the wall. "Warehousing" means establishments involved in the storage and/or sale of bulk goods for resale or assembly, including wholesaling. This does not include establishments offering the sale of bulk goods to the general public, which may be classified as large retail. "Whip Antenna." See 'omnidirectional antenna" under "Antenna, wireless." "Wireless telecommunications facility" means a facility for the transmission and reception of radio or microwave signals used for communication, cellular phones, personal communications services, enhanced specialized mobile radio or any other services licensed by the FCC, and unlicensed wireless services including but not limited to associated equipment shelter, support tower and antenna array. "Worship and religious 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 preschools, 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. (y) Definitions "Y ": "Yard" means that portion of a lot that lies between a lot line (property line) and the building line. (See also "Lot, front," "Lot, side," and "Lot, rear. ") (1) "Front yard" means 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. (2) "Rear yard" means 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 corner lots have no rear lot lines, they will have no rear yard areas as defined. (3) "Side yard" means a yard between the side lot line and the side building line and extending from the front yard to the rear yard. Triangular lots, corner lots, or other irregularly shaped lots may have only front and side yards. Through lots generally have two (2) front yards and two (2) side yards, but no rear yard as defined. "Yard, Construction or Storage." See "Storage yard." (z) Definitions "Z ": "Zero lot line" means the location of a building on a lot in such a manner that one (1) of its sides rests directly on a side lot line with no setback. SECTION S. Section 20.48.150 of the Bremerton Municipal Code entitled "Electric Vehicle Charging Stations" is hereby added to Chapter 20.48 as follows: 20.48.150 ELECTRIC VEHICLE CHARGING STATIONS. For uses in allowed zones and where parking is provided, electric vehicle charging stations are encouraged and shall comply with City Building Code and Washington State Electrical Code (WAC 296.46B). 26 2014 Zoning Code Amendments SECTION 6. Section 20.52.050 of the Bremerton Municipal Code entitled "Prohibited Signs" is hereby amended as follows: 20.52.050 PROHIBITED SIGNS. The following signs are prohibited within the City limits of Bremerton and shall be subject to removal through amortization or other means: (a) Strobe lights or any other flashing, moving or animated features that are visible beyond any property line. Readerboard or message center signs that change copy no more frequently than at two (2) second intervals, and time /temperature signs are exempt from this provision. (b) Pole signs in all zones except the freeway corridor (FC) zone and the industrial (I) zone. (c) Private signs placed within a public right -of -way; except a projecting sign, may be permitted over a sidewalk if a clearance of at least eight (8) feet is maintained between the sidewalk and the bottom of the sign. (d) Any sign that is determined by the City Engineer to be a hazard to public safety due to its design, materials, physical condition, or placement. (e) Signs painted, attached to, or otherwise supported by rock formations, utility poles, trees or other plant materials. (f) Bench signs, when installed within the public right -of -way. When on private property, the size of a bench sign will be counted toward the total allowable sign area. (g) Portable signs within the public right -of -way except op rt able sandwieh be signs per BMC 20.52.160 „ a 20.52.170. (h) Off - premises signs including billboards. (i) Product signs, other than those at a franchise business identifying the franchise product. SECTION 7. Section 20.52.070 of the Bremerton Municipal Code entitled "Sign Placement Requirements” is hereby amended as follows: 20.52.070 SIGN PLACEMENT REQUIREMENTS. (a) All signs, including supporting structures, shall be erected or placed totally within the boundaries of the site and not within any public right -of -way, except for the following: (1) Public authority and other traffic- related signs; (2) Temporary banner signs advertising a public event, which meet City approval; (3) Approved signs overhanging public walkways; and (4) Approved op rtable sandwieh be signs per BMC 20.52.160. and 20.52.170. (b) A vision clearance setback shall be maintained of at least fifteen (15) feet from the edge of all private and public roadways, alleys and driveway intersections. (c) A vision clearance setback shall be maintained of at least ten (10) feet from the edge of existing or planned roadways. Signs may be allowed within the clear- vision setback if: (1) A pole sign is allowed by the zone; (2) The top of the sign is three (3) feet or less above the grade; (3) The bottom of the sign is eight (8) feet or greater above the grade; or 27 2014 Zoning Code Amendments (4) The posts and support structure have a diameter no greater than twelve (12) inches within this area. (d) A pedestrian clearance is required for any projecting sign (8) feet above grade or sidewalk as measured to the bottom of the sign. (e) A projecting sign may extend over a public right -of -way or public pedestrian walkway up to six (6) feet past the property line, but in no case shall the sign extend over a street or other area used by motor vehicles. (f) The setbacks for freestanding signs may be reduced to zero (0), provided the sign complies with the vision clearance requirements. (g) Freestanding signs shall not extend beyond property lines. SECTION 8. Section 20.52.130 of the Bremerton Municipal Code entitled "Special Purpose Signs" is hereby amended as follows: 20.52.130 SPECIAL PURPOSE SIGN REGULATIONS. Special purpose signs for uses such as churches, schools, and parks, shall comply with the requirements for the commercial zone as prescribed in BMC 20.52.100 When a °..*.bush, bu sines s ust sign, that is not otherwise regulated by Title 20, is located in the low density residential zone, the special purpose sign regulations shall apply. In addition, the following shall apply: (a) Freestanding Signs. (1) Sign Area. The maximum area of a freestanding sign shall be limited to fifty (50) square feet. (2) Number of Signs. Only one (1) freestanding sign is allowed per each street frontage. (3) Height. The height of a freestanding sign shall not exceed six (6) feet. (b) Building Signs. (1) Sign Area. The aggregate area of all building signs, projecting signs, and other signs attached to buildings shall not exceed one hundred (100) square feet. (2) Number of Signs. There is no limit to the number of individual building signs, provided the maximum aggregated sign area is maintained. (c) Illumination. When located within the low density residential zone, the sign shall not be illuminated between the hours of 10:00 p.m. and 7:00 a.m. SECTION 9. Section 20.52.060 of the Bremerton Municipal Code entitled "Downtown Zone Sandwich Board Signs" is hereby amended as follows: 20.52.160 DOWNTOWN ZONE SANDWICH BOARD PORTABLE SIGNS. Portable Sandwieh b signs leeatedwith the a,,,•...te a nd eenteF° � may be placed on sidewalks or portions of the pedestrian public right -of -way subject to the following conditions: (a) A minimum four (4) feet of unobstructed sidewalk or pedestrian path must be maintained. A sar op rtable beams -sign shall not be allowed on sidewalks with less than four (4) feet in width. (b) Portable Saadwieh bea signs may not be placed in the driving lanes of a public street or in parking stalls on the public right -of -way. 28 2014 Zoning Code Amendments (c) One (1) sandportable beaM - allowed for any licensed business. The sign must be displayed immediately adjacent to the main entrance of the business employing the sign. (d) Portable Sandwieh b ea signs shall not exceed thirty -two (32) inches in width or thirty-six (36) inches in height as displayed. (e) Portable S>andwieh beard signs shall be professionally lettered, neatly painted or assembled, and remain in good repair. (f) Portable 8andwieh be signs shall be constructed to avoid being blown from their intended location and to avoid tipping or falling. (g) Portable Sandwieh b signs shall not be internally lit, not have moving parts, nor shall any attachment or portion of the sign extend beyond the thirty -two (32) by thirty -six (36) inch maximum dimensions established in subsection (d) of this section. (h) Portable Sandwieh bear signs shall be displayed during daylight hours only and shall be removed by the business owner immediately after dusk each day. (i) Any site landscaping required by the City shall not be altered to accommodate a soh bear op rtable sign. 0) Portable Sandwieh bead signs shall not block intersections or otherwise constitute a public safety hazard. (k) Pursuant to RCW 47.42 and WAC 468 -66, placement of portable signs on the public right -of -wU of SR 3, SR 303, SR 304, and SR310 is prohibited. &) Placement of op rtable s andwieh be a -signs on the public right -of -way in violation of this section will result in immediate removal of the sign from the public right -of -way by City personnel:' SECTION 10. Section 20.52.170 of the Bremerton Municipal Code entitled "Sandwich Board'- Portable Signs — All Zones" is hereby deleted in its entirety: 3-OW- SANDWICH BOARD AND PORT-ABLE SIGNS ALL ZONE Sandwieh �boar-d signs and pet4able signs not leeated within a deyffitoym or- eenter- zone are 11 rl i o ide t :.,l zones ,b.; .,t to the f o llo w i ng renditi ) S bo .a n r.,,,.t.,b.lo s s tn pl, w ith th r-equ feme„ et fort , m (b) 9 &.vireh be-A-rd signs may be leeated within a publie right of way, provided a tb,'.,r, twelve (12) , e fr., the f aee o f th s tr, e t„ o ) Saa "ieh bo a rd s n ot lee within th n„b,lie right of way sh ll be n more tl,.,,,, t we l ve (12) ; ehes f the f o f th s t fue t„ro (d) D rt l s sh not be ler withi a „b,li right of way and sh e 1., ,toll iu ll u vv .�..+ »w... within five (5) feet of the pr-ineipal eefmner-eial stmetur-e that the sign is asseeiated SECTION 11. Section 20.52.180 of the Bremerton Municipal Code entitled "Nonconforming Signs" is hereby amended as follows: 20.52.180' NONCONFORMING SIGNS. (a) Applicability. This section applies to the maintenance, repair, , as appropriate, and removal of nonconforming signs. "Nonconforming sign" means a sign that was legally established but no longer conforms to the current sign standards of this title. 29 2014 Zoning Code Amendments C°7_ Definitio Cpl 11 11 > g tinthis seefiew july 25, 2003, 11 sign gn as defined in Chapter- 20.42 BMC. zE ti e n " means 'rC20.5i. l -R6 unl o th e r-w i s e de Eligibility A « «F ..m:«,. si ln.nn4°,1 . „thi the City limits on tl,s °f,e ,ant° o f this seetion f n ann e x ed l eea 4 e t the City th er-e nft er- thm d ne t «F «m t the p rov i s i ons of th s eligible fo e h a - °.untie a n leg f A pefmit fer- the sign was obtained prior- te the eff-eetive date of this seetion f Cz7_ s the sign was in all °nts «l:s «nn with n «1:nnL.1° l en th °ff nti ,ante o f this s ints the pr-evi 'lens eeveFmg less ef legal neneenfefming status and ether- limitations °t f «th in this s nti „ N i 4 a bl° 1 '.a tnl f �3E tei�e �3 vrnsvic�i�} } �spe ciar s rgn T- v z- iir s rgnry (f) Legal Neneengafming Sign Pemit. .«f nerve si g n. Th « ° f mit shall b e bt a i n e d b the si ° « the si °1, n, « th ewner- ef the pr-epeAy upen whieh the sign is leeated, within sixty (60) days of nefifieafien by t City that the sign is legal fieneenfeFming. The peFmit shall be issued at ne fee and shall expire pei:fnit shall eentain the name and address of the sign 11VllLrVlll Vlflllll� 7 ) OF the owner- ef the f sign (3 ) F Comply t n leg « .fe g sign f ee- a..l,ie n F mit L,nn been issued within the sixty (60) day period shall within six (6) fReaths be br-eught iffl.te eemplianese with the eede er- be r-efneved. Failure to eemply shall subjee4-the sign user-, ewneF � 20 -40 MA (g) Afnei4izatien. 1 with substantial investment in signs in existenee en the effeetive date of this seetion, this serai PFevidesfe a five (5) OF ten{i0} as ea b f t f tl,° , ic,�r c^•viis cc� v^ rcn.. fieneenfe H its existing state. Dur-ing this per-ied, it is expeeted that the si,-. may be purposes; pr-evided, however-, that whether- a sign is afnei4ized fer- tax pur-peses shall net affeet th «l;nnti o f this seefie« (2) All legal aeneeagqfming signs shall be diseentinued and r-efneved eF made eenfeFmiag within teft (10) years fr-efn the effeefive date of this seefien for- billboard signs and within five (5) years ftem the effeetive date of this seetien fer- eff PF .— #he 11 period afneadment te the zoning f ) 30 2014 Zoning Code Amendments geveFmnent aequisifien ef pr-epei4y fer- right ef way pursuant te BMC 20.52.190 shall be- sign shall be br-eiaght inte eenfiaFmafiee with this seefien thfeugh the isstlanee ef a sign peffflit. A sign prohibited pursuant te BMC 20.52.050 may net be keught inte eeafoFmanee and fflust is the sale fn etl, e e f e e m pe ns t:e f r f emov al removal o f si p n t to this Se et:e n (3) PefmiWag, Removal and Amef:tizatiea Exemption. The per-mWiag, sign whieh weuld require the City te pay eempensafien feF 4S r-emeval under- any federal, state or- etheF !aw, ifieluding Chapter- 41:g RGW, the Highway Advertising CeRtFel Aet Seeflie Vista& �4-. (4) Less ef Legal NeneenfoFming Sign Status. (b) Maintenance and Repair of Off - premise Signs. ny nonconforming off- premise sign shall immediately lose its legal nonconforming designation, and be removed or brought into conformity with the provisions of this chapter, when one (1) or more of the following events occur: (1) Alterations to sign•. (i ) Any structural alteration to an off - premise sign shall result in the loss of its nonconforming status. This does not include replacing the signs message or painting (ii) In no case shall an off - premise sign be permitted to be expanded or enlarged. Adding electronic components that move, flash, or change copy is not permitted. (c) Maintenance and Repair of On- premise Signs. Any nonconforming on- premise sign shall immediately lose its legal nonconforming designation, and be removed or brought into conformity with the provisions of this chapter, when one (1) or more of the following e vents occur: (1) Alterations to sign: (i) If alterations are made to the sign that exceed twenty -five (25) percent of the replacement cost of the sign it shall lose its nonconforming status; or (ii) For freestanding signs, re-facing the he sign with a new message is permitted, however if the cabinetry housing the he sign is removed, or is intended to be replaced, the sign shall lose its nonconforming status; or (iii) In no case shall an on premise sign be permitted to be expanded or enlarged. (2) Alteration to associated business or site: Should a business with a nonconforming sign undergo remodel or site improvements, the sign shall lose its nonconforming status under any of the following circumstances: (i) The onsite renovation, construction, or other site improvements exceed seventy -five (75) percent of the assessed improvement value of the site; or (ii) Onsite construction/improvements costs exceed fifty thousand (50,000) dollars. (3) Cessation: If the sign has not advertised for an existing business on the subject property for one 1) year or more the sign shall lose its nonconforming status. il All „ Vl e o f ,..,. ing s sh be i , ed o m odified to ,. „f ,.„, to all the of this All 7 1 31 2014 Zoning Code Amendments immediately lose its legal neneefifiqfmiag designmien when one (1) er- ffiffe Of the felleWing events eeeH 0.0, Offier-Aher-ations. The appheant is making any ehange, afteffitiOfi OF peFfeFmiag work other- than nemal maintenanee eF etheF than tenant iffiPF03vefRefit twelve (12) month period to any st-n-letiffirva th-At houses or- suppeFts the use ;vith v. , hie , neneenfe * - '_ * F, asseeiffited and the fair- market value ef these ehanges, alter-miens or- ether- wer-k eyeeeds twenty five (25) per-eent of the assessed3value of that struetum based on the building peFmit valeatien tables. r-eplaeing the sign. 14ewever-, mplaeing any individual tenant's identifie her- an identifieatien sign whieh sepafately identifies the tenants ef: in a tenant dir-eetefy sign shall not result in the less ef stieh sign's legal neneenfefming sigii designatiefl. (Y) Change in Use. There has been a ehange in use en the subjec4 ffepefty, as that tefm is defined in this ehapter-. (Yi) Change in Tenant. There has been a ehange in business er ehange in single eeeupaney tenant en the subjeet pr-epefty.- In eenneefien with any multi use or- multitenant eemplex, the fer-egoing events whieh r-e"ir-e that a noneenfer-ming sign be eitheF r-efneved or- bFOUght ifltO eenfefffianee with this Be shall apply enly to the individual ewner-'s er- tenant's building mounted of ffeestanding signs that hm triggered the elimination of the legal neneenfennanee and not te the ether- signs4eeated SECTION 12. Figure 20.52(a) set forth in Chapter 20.52 of the Bremerton Municipal Code entitled "Freestanding Sings: Zone - Specific Size and Design Requirements" is hereby amended to revise the size requirements for Neighborhood business Signs as follows: Freestanding Signs: Zone - Specific Size and Design Requirements Freestanding Sign Commercial Zones Type Max. Height Max. Size' 2 Commercial Corridor (CC) Monument only 8' 60 sq. ft. Wheaton Way Redev. Corr. (WWRC) Monument only 8' 60 sq. ft. Neighborhood Business (NB) Monument only 6' 6048-sq. ft. Limited Commercial (LC) Monument only 8' 60 sq. ft. 32 2014 Zoning Code Amendments Freeway Corridor (FC) Any 35' 100 sq. ft. Marine Industrial (MI) Monument only 8' 100 sq. ft. Industrial Park (IP) Monument only 8' 100 sq. ft. Industrial (I) Any 25' - Institutional (INST) Monument only 8' 60 sq. ft. Downtown and Centers Zones Freestanding Sign Type Max. Height Max. Size Neighborhood Center Core (NCC) Monument only 8' 60 sq. ft. District Center Core (DCC) Monument only 8' 60 sq. ft. Downtown Core (DC) Monument only 8' 60 sq. ft. Downtown Waterfront (DW) Monument only 8' 60 sq. ft. Business Core (BC) Monument only 8' 60 sq. ft. Employment Center (EC) Monument only 8' 60 sq. ft. SECTION 13. Section 20.92.020 in the Bremerton Municipal Code entitled "Outright Permitted Uses" is hereby amended as follows: 20.92.020 OUTRIGHT PERMITTED USES. The following uses are permitted outright: (a) Co- location of wireless telecommunications facilities per BMC 20.46.140 (b) Community use facility; (c) Day care facility, all; (d) General office and business services; (e) Finance, insurance and real estate; (f) General retail; (g) Hotels and lodging places; (h) Medical offices; (i) Outdoor athletic fields; 0) Park playgrounds and open space, and parks; (k) Personal service business; (1) Physical fitness and health clubs; (m) Public administration; (n) Residential uses of the following types: (1) Group residential facility - Class I; (2) Multi unit stnietumNursing convalescent home (3) Nursing convalescent ho "' °Senior housing complex (4) Single -unit dwelling structure, attached or detached (5) Single unit stfueture, attaebed eF Eleta ' °aMulti-unit dwelling structure 33 2014 Zoning Code Amendments (6) Townhouse; (o) Restaurants and drinking places; (p) Schools and education uses; (q) Transportation facility; (r) Veterinary clinic; (s) Worship and religious facility. SECTION 14. Section 20.98.020 of the Bremerton Municipal Code entitled "Outright Permitted Uses" is hereby amended follows: 20.98.020 OUTRIGHT PERMITTED USES. The following uses are permitted: (a) Co- location of wireless telecommunications facilities per BMC 20.46.140 (b) Community facility; (c) General office and business services; (d) General retail associated with an institution; (e) Higher education and colleges; (f) Hospitals; (g) Medical offices and clinics; (h) Outdoor athletic fields and park playground and open spaces; (i) Parking as a principal use; 0) Public administration; (k) Residential uses of the following types: (1) Group residential facility - Class I; (2) Nursing convalescent home; (3) Senior housing complex; (4) Single -unit dwelling unit structure attached or detached; (5) Multi -unit dwelling structure (6) Townhouse; (1) Restaurants; (m) Schools and education uses; (n) Transportation facility; (o) Welfare and charitable services and facility; (p) Worship and religious facility. SECTION 15. Severability. If any one or more sections, sub - sections, or sentences of this Ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this Ordinance and the same shall remain in full force and effect. SECTION 16. 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. 34 2014 Zoning Code Amendments r -T^ PASSED by thd%City Council the lJ day of r l I 5 2014 GREG W LER, Council President Approved this day of ri / , 2014 PA TY LEN a or ATTEST: APPROVED AS TO FORM: SHANNON CORIN, City Clerk R ER A. LUBOVICH, City Atto ey PUBLISHED the -'; _. day of 1'7 , 2014 EFFECTIVE the d y of , 2014 ORDINANCE NO. o? R: \Legal \Legal \Ordinances \Community Development\2014 Zoning Code Amendments.docx 35 2014 Zoning Code Amendments EXHIBIT A FINDINGS AND CONCLUSIONS OF THE CITY OF BREMERTON PLANNING COMMISSION Summary: The proposed amendments to Bremerton Municipal Code include the repealing of Chapter 19 relating to mobile home parks and amending Title 20 Land Use Chapter, related to electric vehicle charging stations, sign code provisions and ensuring consistency between the Institutional and Employment Center Zones. I. FINDINGS OF FACT i . Project Description: The proposed amendment package includes revisions to both Title 19 and Title 20 as follows: • Repeal chapter 19 in its entirety. This chapter relates to mobile home parks. It is in conflict with other provisions of the BMC that address development standards and allowed locations for mobile homes. • Add language to several sections of Title 20 to ensure the City's code is in compliance with the State requirements for electric vehicle charging stations. • Update the sign code to generally improve consistency and clarity, replace amortization with other requirements more in line with other nonconforming provisions within the BMC, and revise language relating to sandwich board signs for consistency between zoning districts. • Revise the allowed residential use list in both the Employment Center Zone and Institutional Zone to ensure language is consistent between both and terms that are used are clearly defined. 2. Procedural History: 2.1 Planning Commission Workshops: January 21, 2014 2.2 Notice of Public Hearing February 8, 2014 2.3 SEPA Threshold Determination DNS. February 10, 2014 2.4 Planning Commission Public Hearing: February 18, 2014 3. Public and Agency Comment: 3.1 At the workshop held on January 21, 2014, public comment were offered by Rick Cadwell and Chris Campana who were both in favor of modifications to the increase in residential uses allowed in the Institutional Zone. 3.2 Written comment received to date: Pat O'Leary of WSDOT Highway Advertising Control Program, commented February 20 2014. 3.3 At the February 18, 2014 Planning Commission Public Hearing public testimony was offered by: Priscilla Bailey and Roy Runyon, both in favor of relaxing sign code standards. 4. SEPA Determination: A Determination of Non - Significance was issued on February 10, 2014, to date no comments or appeals have been filed. 1 5. Consistency: Text amendments to Title 20 shall meet the decision criteria outlined in BMC 20,18.020(d). The Planning Commission may recommend. and the City Council may adopt or adopt with modifications, an amendment to Title 20 if the criteria outlined below are met. (1) It is consistent with the goals and policies of the comprehensive plan; Analysis: The proposed amendments continue to uphold the objectives and goals of the Comprehensive Plan, and implement the following policies: CC2A: Utilize zoning and design standards that have flexibility and incentives to ensure excellence in urban design, and which are compatible with surrounding land uses. CC2B: Ensure that infill construction and area redevelopment are done in a manner that reinforces the neighborhood's desired and defined character and that architecturally compliments the commercial and residential areas. LU3A: Provide development incentives and flexibility within the Zoning Code to encourage desirable design elements with flexibilities within the Zoning Code provisions for all new development and redevelopment. EC1C. Encourage redevelopment of underutilized land. EC5A: Expedite the permit and development process. (2) It does not conflict with other City, state and federal codes, regulations and ordinances. Analysis: The proposed amendments do not conflict with any other regulations. Il. CONCLUSIONS & RECOMMENDATION Based on the findings above, the Planning Commission concludes that the proposed amendments to the Bremerton Municipal Code Title 20 Land Use Chapter, meets the requirements in BMC 20.18.020(d) text amendments, and therefore recommends to the City Council, the adoption of amendments to Title 20. Res ully submitted by: rea L. S en r, Executive Secretary 2 AFFIDAVIT OF PUBLICATION Account #42742 AD #20140324 STATE OF WASHINGTON COUNTY OF KITSAP I, Christine Kendrick, being first duly sworn on oath, deposes and says: That she is now, and at all times embraced in the publication herein mentioned was the principal clerk of the printers and publishers of KITSAP SUN; that said newspaper has been approved as a legal newspaper by order of the Superior Court of the County of Kitsap, in which County it is published and is now and has been for more than six months prior to the date of the publication hereinafter referred to, published in the English language continually as a daily newspaper in Bremerton, Kitsap County, Washington, a weekly newspaper in Kitsap County, Washington and is now and during all of said time, was printed in an office maintained in the aforesaid place of publication of said newspaper; that the following is a true text of an advertisement as it was published in regular issues (and not in supplement form) of said newspaper on the following date, to wit: And on April 22, 2014 such newspaper was regularly distributed to its subscribers during all of said period. The full amount of the fee charged for the foregoing publication is the sum of $44.12. This.amount has not . been paid in full. (Signature of Principal Clerk) Subscribed and sworn to before me this day of April 30, 2014. NOTARY PUBLIC Notary Public in and for the State of Washington, Kitsap County. STATE OF WASHINGTON CHRISTY M MOFFITT My Appointment Expires July 08, 2016 ORDINANCE NO. 5249 AN ORDINANCE of the City Council of the City of Bremerton, Washington, making amendments to the Zoning Code by repealing BMC Title 19 and amending BMC Title 20 by adding provisions for Electric Vehicle Charging Stations, amending the Sign Code to clarify code requirements, and remove amortization processes, and by adjusting allowed uses in both the Institutional and Employment Center zones. PASSED by the City Council on the 16th day of April, 2014. The full text of this ordinance is available from the City Clerk's Office, 345 Sixth Street, Suite 600, Bremerton, WA 98337. April 22, 2014 AD# 20140324