HomeMy WebLinkAbout03/30/05 AGENDA
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CITY COUNCil 3456th Street, Suite 600, Bremerton, WA 98337-1873 03 (360) 473-5280
MARCH 30, 2005
CITY COUNCIL MEETING AGENDA
1. PRE-COUNCil STUDY SESSION: 5:00 - 5:30 P.M. in COUNCIL CONFERENCE ROOM 603
A. General Council Business
2. CAll TO ORDER: 5:30 P.M. in MEETING CHAMBERS lOCATED ON FIRST FLOOR.
A. Pledge of Allegiance
B. Invocation
3. PUBLIC SERVICE ANNOUNCEMENTS
4. CONSENT AGENDA
A. Claims & Check Register (#AB05-080)
B. Minutes of Meeting - March ,6, 2005 (#AB05-081)
a3
5. PUBLIC HEARINGS
A. Ordinance No. 4932 (Second Reading) adopting amendments to Title 20 of the Bremerton
Municipal Code (BMC) relating to the City Zoning Code (#AB05-051)
6. GENERAL BUSINESS
A. Purchase & Sale Agreement between the CITY OF BREMERTON and EAST PARK LLC for the
sale of Eastpark (#AB05-082)
7. ADJOURNMENT OF CITY COUNCil BUSINESS MEETING
CITY COUNCIL STUDY SESSION
Immediately following the City Council Meeting, the Council Members will reconvene in COUNCIL
CONFERENCE ROOM 603 to hear presentations on the following items. Please note that no action
will be taken and the content of these items is subject to change...
1. Disposal of Fire Engines [Information Item Only] - Chief AI Duke, Fire Department
2. Telecommunications Facilities Lease Agreement between the City of Bremerton and SMSA - Paul
Lucas, Administrative Manager
3. Telecommunications Facilities Lease Agreement between the City of Bremerton and FTP
CORPORATION - Paul Lucas, Administrative Manager
4. Local Agency Standard Consultant Agreement with "SAMPLEY CONSULTING" for the Downtown
Pedestrian/BTC Access Improvement Project - Phil Williams, Director of Public Works
. Americans with Disabilities Act (ADA) accommodations provided upon request. Those requiring special accommodations
should contact the City Clerk's Office at (360) 473-5323 by noon on the Monday preceding the Council meeting.
.
DATE SUBI\1ITTED: ,YT - " () s-: 0 SQ
AGENDA BILL DILL 'F.. , .- ;', ..
CITY OF BRE1:V1ERTON YA
CITY COUNCIL
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SUBJECT: Approval of Claims and Checks Committee M.eeting Date:
Register COUNCIL MEETfrJG Date: 3 -3o-oS:-
Depmiment: Financial Services
Presenter: Cathy Johnson
Phone: 473-5296
SUM:MARY: Consent agenda item. Approval of payroll, checks and electronic fund transfers.
ATTACHMENTS:
FISCAL IMPACTS (Include Budgeted Amount):.
APPROVALS:
DEP ARTMENT DIRECTOR:
CITY ATTORNEY:
FINANCE DIRECTOR:
MAYOR:
FISCAL/BUDGET: I ....,...,..
CONSENT AGENDA [SJ
OPERATIONS:
COUNCIL PRESIDENT: --v~ ~~. ~
f..r;7(P'1- G.770
RECOMMENDED MOTION: Move to Approve:
(P7~ r.r ~ Co7(P ~
1) Check#'s 2crffo 70 tbrough~98'?&1andEFT's 07&/ thTOugh/':?7~2
(p 7 Ce 7-1 (~7 (€J 3 P; (R 7 ~(r/ t; ~ 7~? P in the amount of$ t162) /?-/./3
2) Regular Payroll for the pay period ending 3-(b - ()~ in the amount of $ r;, "3 ~933 :3 f
3) Retiree Payroll for the pay period ending in the amount of $
COUNCIL ACTION: ~e o Deny D Ta.ble D Continue D No Action
DATE SUBMITTED: BILL # 05--- oBi
AGENDA BILL
CITY OF BREMERTON c
CITY COUNCIL L..i~:":"
........................................................................................
SUBJECT: Minutes of Meeting - Committee Meeting Date: N/A
f1 ~rvJ, ~3 ;;"oo$'" COUNCIL MEETING Date: Mar~J, 30 ;1005
Department: City Council f
I
Presenter: Daren Nygren,
Council President
Phone: (360) 473-5280
SUMMARY: Attached are the minutes for the Council Meeting held Mitre-I, ~3, ~l>oS-.
ATTACHMENTS: Minutes for f'14f""t:.h J.3, ;).()I>S:
FISCAL IMPACTS (Include Budgeted Amount): 0
APPROV ALS:
DEPARTMENT DIRECTOR:
CITY ATTORNEY:
FINANCE DIRECTOR:
MAYOR:
FISCAL/BUDGET: CONSENT AGENDA ~
OPERATIONS:
COUNCIL PRESIDENT: ~~
RECOMMENDED MOTION: Move to pass the Consent Agenda as presented.
COUNCIL ACTION: D Approve D Deny o Table D Continue o No Action
DIGITAL RECORDING
CITY COUNCIL MEETING MINUTES
Wednesday, March 23,2005
The weekly meeting of the City Council of the City of Bremerton was called to order in the City
Council Chambers, of the NORM DICKS GOVERNMENT CENTER 345 6th Street, Bremerton,
Washington, Wednesday, March 23, 2005, at 5:30 P.M., with Council President Daren Nygren
presiding. Council members present were Mike Short, Will Maupin, Carol Arends, Dianne
Robinson, Mike Shepherd, Wendy Prie~t, Cecil McConnell, and Brad Gehring. Also present were
City Attorney Roger Lubovich; City Clerk Paula Johnston; and Legislative Assistant Lori Smith.
The Pledge of Allegiance was led by Council Member Cecil McConnell; followed by the
invocation provided by Pastor Scott Fontenot of Hillcrest Assembly of God.
President Nvaren made the following announcements:
1. A Pre-Council session was held in Council Conference Room 603 from 5:00 to 5:30 PM; and
2. Council will meet in the Council Conference Room, Room 603 immediately following the
Council Meeting for a Study Session to hear presentations on upcoming agenda items.
PUBLIC SERVICE ANNOUNCEMENTS
Dianne Robinson announced that Terry Bergeson, Superintendent of Public Instruction for
Washington State will be making a presentation on the WASL during a "Reach for Success"
program on Saturday, March 26 from 12:00 to 2:00 P.M. Also, a Parents Workshop will be held
from 9:30 to 10:30 A.M. Both programs will be held at the Bremerton Student Center located on
the Olympic College campus.
Brad Gehrina invited the public to attend the next District 1 & 2 Community Meeting which will be
held on Thursday, March 24 from 6:30 to 8:00 P.M. at the Sheridan Park Community Center
located at the corner of Lebo Boulevard & Sheridan Drive. Topics will include "Local Concerns"
and the "Bremerton School District Bond Levy".
Wendy Priest also invited the public to attend a District 4 and 5 Community Meeting to be held on
Thursday, March 24 in the Council Conference Room, Room 603 from 6:00 -7:30 P.M.
Representatives from Diamond Parking will be available to discuss "Parking Concerns" and
representatives from the Bremerton School District will be making a presentation on the
"Bremerton School District Bond Levy".
CONSENT AGENDA
A. Check Numbers 298474 - 298669; EFT-6746 - EFT-6754; EFT-6756 - EFT-6757; EFT-6759
- EFT-6760; 6755P; and 6758P in the amount of $1 ,324,345.56;(#AB05-078)
B. Minutes of Meeting - March 16, 2005 (#AB05-079)
5:34:44 M/S/C/U (Priest/McConnell) Move to approve the Consent Agenda as presented.
5A - RESOLUTION NO. 2959 APPROVING PURCHASE AND SALE AGREEMENT FOR SR3
PARK PROPERTY (#AB05-072): The first hearing of this resolution was held on March 16, 2005.
Ken Mickelsen, Parks & Recreation Director, provided a summary of this action, and stood by for
questions. Mr. Lubovich emphasized that in order for this Purchase & Sale Agreement to be
approved, a unanimous vote by the Council is required.
There were no comments from the public.
City Council Reg. Mtg. Minutes
Wednesday, March 23,2005
Page 2 of 2
Mr. Shepherd supported this agreement and hoped that the City would review other parks
properties and their level of use.
Mr. Maupin affirmed that the commercial value of the property far exceeds the actual use of the
property so the sale would be advantageous to the City and the Parks Department.
Ms. Robinson asked if any comments were received regarding the property sale after the last
Public Hearing. Mr. Nvaren responded that no public comments were made at the previous public
hearing; and Mr. Mickelsen added that no calls were received by their office.
Mr. Short believed that the proceeds from the sale could benefit other parks in the City,
specifically for additional playground equipment and playgrounds for young children.
Mr. McConnell noted a discrepancy between the appraisal amount provided on the agreement
and the original appraisal amount. Neither Mr. Lubovich nor Mr. Mickelson was able to provide
any further clarification.
Mr. Nvaren asked if any written comments were submitted. Mr. Mickelsen responded no.
5:41 :39 M/S/C/U (Short/Maupin) Move to approve the sale pursuant to the terms of the purchase
and sale agreement; to authorize the Mayor to execute all documents necessary to close the sale;
and to set aside the proceeds from the sale to a dedicated account for the sole purpose of
purchasing or improving park land pursuant to the National Park Service requirements and
National Park Service approval.
With no further business, the meeting of the City Council was adjourned at 5:43 P.M. The Council
reconvened in the Council Conference Room, Room 603 for a Study Session to hear
presentations on upcoming agenda items.
Prepared and Submitted by:
rh9zz, ~1)
LORI SMITH ..........
Legislative Assistant
Attest:
PAULA JOHNSTON, City Clerk
DAREN NYGREN, City Council President
DN/PJ/ls/cge
DATE SUBMITTED: February 1,2005 """, BILL # b I; -DS"!
AGENDA BILL
CITY OF BREMERTON 5A
CITY COUNCIL ........................................................................................
O~1f~~~\f~ NO. 41"3 2.- Committee Meeting Date: February 9, 2005
SUBJECT: Or inance a pting
amendments to BMC Title 20 relating to COUNCIL MEETING Date: 8'-c?;():f2~ ~ ~ _
zornng Department: Comm Development
Presenter: C. Hugo
Phone: 473-5275
SUMMARY: The proposed ordinance enacts new sections of the zoning code to implement the
2004 Comprehensive Plan. The proposed new BMC chapters include new administrative sections,
new zoning for single family residential areas, and new zoning for portions of the Wheaton Way and
Kitsap Way corridors. In addition, re-numbering of several existing land use chapters is proposed.
The enactment of development regulations consistent with the 2004 Comprehensive Plan is necessary
to maintain compliance with the State Growth Management Act.
ATTACHMENTS: Proposed BMC chapters 20.40, 20.42, 20.44, 20.46, 20.60, 20.62, and 20.64 as
recommended by the City Planning Commission ~
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FISCAL IMP ACTS (Include Budgeted Amount): Failure to maintain GMA compliance may
jeopardize eligibility for State grants and loans, particularly Public Works Trust Fund loans.
APPROVALS:
DEPARTMENT DIRECTOR:
CITY ATTORNEY:
FINANCE DIRECTOR:
MAYOR:
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FISCAL/BUDGET: :rJU~~! -CONSENT AGENDA 0
OPERATIONS: " ..." t!dA4L-t!.... ~ .... 1
COUNCIL PRESIDENT: ~ ~ ~
RECOMMENDED MOTION:iL c. ?~, ~:L-_,h>L~ _"0"<1."",(>, lu BMC
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OUNCIL ACTION: 0 Approve 0 Deny 0 Table 0 Continue 0 No Action
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Office of the City Attorney
Roger A. Lubovich, City Attorney
Memorandum
To: City Council
From: Roger A Lubovich, City Attom~~~:-.=:'- ..-
Re: Ordinance No. 4932 - Zoning Code
Date: March 23, 2005
The attached proposed ordinance shows changes to certain sections of the ordinance since its
first reading on February 25, 2005. The changes are the result of discussion and input from
Council at previous study sessions or to make minor housekeeping changes. The changes
(shown with tracked changes) are as follows:
. Section 20.42.020. Adult Entertainment definitions (Page 5 of the ordinance)
. Section 20.46.010. Accessory Dwelling Units (Pages 23 and 24 of the ordinance)
. Section 20.46.040. Manufactured Homes (Pages 26 and 270fthe ordinance)
. Section 20.46.050. Recreational Vehicle on Private Lot (Pages 27 and 28 ofthe
ordinance)
. Section 20.46.070. Adaptive Reuse of Public and Semi-Public Buildings (Pages 28 and
29 of the ordinance)
. Section 20.46.110. Adult Entertainment Provisions (Pages 31 through 34 of the
ordinance)
. Section 20.60.070. Development Standards (Page 40 ofthe ordinance)
ORDINANCE NO. 4932
AN ORDINANCE of the City Council of the City of
Bremerton, Washington, adopting amendments to the City Zoning
Code by adding new chapters as follows: Chapter 20040 entitled
"Administration," Chapter 20042 entitled "Definitions," Chapter
20.44 entitled "General Development Standards," Chapter 20.46
entitled "Special Development Standards," Chapter 20.60 entitled
"Low Density Residential (R-10)," Chapter 20.62 entitled
"Commercial Corridor," and Chapter 20.64 entitled "Wheaton Way
Redevelopment Corridor (WWRC)," all of which shall become
effective upon the effective date of the ordinance adopting the
Official Zoning Map.
WHEREAS, the City Council adopted a new Comprehensive Plan for the City on
December 1, 2004; and
WHEREAS, the City is in the process of updating its zoning regulations
consistent with the new Comprehensive Plan; and
WHEREAS, the City Council desires to begin the update process by updating and
adopting new zoning regulations to be followed by additional updates; and
WHEREAS, the proposed new zoning regulations have been approved by the
Planning Commission; NOW THEREFORE,
THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON,
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Chapter 20.40 ofthe Bremerton Municipal Code entitled
"Administration" is hereby created to read as follows:
CHAPTER 20.40
ADMINISTRATION
20.40.010 TITLE.
This title shall be known as the "City of Bremerton Zoning Code." This Code shall
consist of this text and the map entitled "City ofBremerton Official Zoning Map."
20.40.020 AUTHORITY.
This title is adopted pursuant to Revised Code of Washington (RCW) Chapter 35.63.
1
Zoning Code
20.40.030 INTENT AND PURPOSE.
The intent of this title is to regulate the physical development of all lands within the City
of Bremerton's jurisdiction, except federally owned properties, in order to provide for orderly
development within the City. The purpose is:
(a) To implement the City's Comprehensive Plan;
(b) To protect the community's social and economic stability, as well as the positive
qualities and unique characteristics of all areas throughout the community;
(c) To address both natural and man-made environmental considerations as part of
the land use and development permitting processes; and
(d) To ensure the orderly and beneficial development and use of all lands by:
(1) Reserving an adequate supply of developable land area for each major
category of land use and in the most appropriate locations,
(2) Preventing the encroachment of incompatible uses; and
(3) Providing clear concise regulations and development guidelines that are
consistent with City goals and visions.
(e) To protect the public's health, safety and welfare as a whole and not to create a
duty of protecting any person or class of persons.
20.40.040 ADMINISTRATIVE AUTHORITY.
The Director shall have the authority to make and issue orders, rules, requirements,
permits, interpretations, decisions; or determinations as necessary in the administration and
enforcement of the provisions of this title, except when provided for otherwise.
20.40.050 DEFINING SHALL AND MAY.
The word "shall" is always mandatory; the word "may" denotes a use of discretion in
making a decision
20.40.060 MINIMUM REQUIREMENTS.
The provisions set forth in this title shall constitute the minimum requirements necessary
to promote the public health, safety, morals, and general welfare.
20.40.070 CONFLICTS.
The provisions of this title shall govern when this code imposes a greater restriction than
is required by other ordinances, regulations, easements, covenants, or other agreements. In the
case of internal conflicts within this code, the most restrictive provision shall prevail.
20.40.080 INTERPRETATIONS.
The Director shall have the authority to make written interpretations when necessary for
clarification or to resolve conflicts within these regulations. Any person may submit a written
request for a code interpretation to the director, or the director may issue a code interpretation on
the director's own initiative. A request for a code interpretation shall include the following
(a) The provision of this title for which an interpretation is requested;
(b) Why an interpretation of the provision is necessary;
(c) Any reason or material in support of a proposed interpretation; and
(d) Any fees adopted by the City Council.
2
Zoning Code
20.40.090 ZONING MAP INTERPRET A TIONS.
The Director shall use the following criteria to interpret the Official Zoning Map:
(a) Where a zone boundary is indicated as approximately following a property line,
the property line is the zone boundary.
(b) Where a zone boundary is indicated as following a street or other right-of-way,
the centerline of the street or right-of-way is the zone boundary.
(c) Where a zone abuts or extends into a lake or into Puget Sound, the zone boundary
extends into that body of water to the full limit and territorial extent of the jurisdiction and
control of the City.
(d) Where a zone boundary is not indicated to follow a property line, street, or other
right-of way, the boundary line is as drawn, based on the scale shown on the Zoning Map.
20.40.100 COMPLIANCE WITH OTHER LAWS.
Nothing in this title shall be construed to excuse compliance with other applicable
federal, state, or local laws or regulations.
20.40.110 CITY LIABILITY.
Nothing in this title shall be construed to impose any duty upon the City or any of its
officers or employees so as to subject them to liability for damages not otherwise imposed by
law to protect individuals from personal injuries or property damage.
20.40.120 PROPERTY OWNERSI APPLICANT RESPONSIBILITY.
(a) It is the intent of this title to place the obligation of complying with the
requirements of this title and all applicable laws and regulations upon the owner, and jointly and
severally upon the occupant of the land and buildings within its scope.
(b) The applicant is responsible to provide accurate and complete information and
plans to comply with the requirements of this title and all applicable laws and regulations. The
City is not responsible for the accuracy of information or plans provided to the City for review or
approval.
20.40.130 SCOPE OF UNLAWFUL ACTIVITY.
It shall be unlawful for any person, firm or corporation to erect, construct, alter, repair,
move, remove, convert, demolish, use, occupy, or maintain any structure or use ofland, or any
portion, in violation of the provisions of this chapter. The violation shall exist until the unlawful
act and/or unlawful use has been remedied or abated.
20.40.140 ENFORCEMENT.
(a) It is the duty of the Director to enforce the provisions of this title. Enforcement
actions may include one or more of the following:
(1) Withhold or revoke land use permits or approvals,
(2) Withhold or revoke building permits for construction or alteration of a
structure, abatement of structures;
(3) Revocation of use permits and variances;
(4) Enforcement through Chapter 1.04 BMC;
(5) Filing a court action in a court of competent jurisdiction.
(b) Land Use/Permit Revocation: a permit or land use approval may be revoked if:
3
Zoning Code
------- - - - -- --
(1) The work is not authorized by a valid permit or approval;
(2) Inaccurate or incorrect information was used to obtain the permit or
approval or the permit or approval was issued in error;
(3) The permittee is not complying with the terms of the permit or approved
plans;
(4) The permittee is in violation of the requirements of this chapter or of any
land use ordinance, statute, or regulation; or
(5) The work is, in the Director's judgment, a hazard to property or public
safety, is adversely affecting or about to adversely affect adjacent property or rights-of-way, a
drainage way, watercourse, sensitive areas or storm water facility, or is otherwise adversely
affecting the public health, safety, or welfare.
(c) Revocation of a permit or land use approval shall be made by
(1) The Director for Type I and Type II permits subject to the right of appeal
as set forth in this title.
(2) The Administrative Hearing Examiner for a Type III permit subject to the
right of appeal as set forth in this title.
(3) The Council for a Type IV permit as provided by law.
20.40.150 PROHIBITION OF FURTHER PERMITS OR APPROVALS.
The City shall not accept, process, or approve any application for a subdivision or any
other land use permit or approval, or issue a certificate of occupancy for property on which a
violation of this chapter has occurred until the violation is cured by restoration or other means
accepted by the Director and by payment of any penalty imposed for the violation.
20.40.160 VIOLATION - PENALTY.
(a) Any violation of any provision ofthis title constitutes a civil violation under BMC
Chapter 1.04 for which a monetary penalty may be assessed and abatement may be required as
provided therein.
(b) In addition to, or as an alternative to, any other penalty provided in this chapter or
by law, any person who violates any provision of this title shall be guilty of a misdemeanor
pursuant to BMC Section 1.12.020(2).
SECTION 2. Chapter 20.42 of the Bremerton Municipal Code entitled
"Definitions" is hereby created to read as follows:
Chapter 20.42
DEFINITIONS
20.42.010 GENERAL DEFINITIONS.
Terms not defined herein shall take their meaning from definitions in the comprehensive
plan, shoreline master program and other ordinances incorporated by reference. If a specific
term is not defined or referenced, it shall take its normal and customary meaning within the
context of how it is used. When not inconsistent with the context, words used in the present tense
include the future, words in the singular include the plural, and words in the plural include the
singular.
4
Zoning Code
-------------
20.42.020 DEFINITIONS.
The following terms and definitions shall be applied to the provisions of this title.
ACCESSORY DWELLING UNIT (ADU) means a second dwelling unit added to or created
within an existing single-unit residential structure (principal structure) or within a detached
accessory structure (guest house, cottage, or as part of or above a garage) for use as a complete,
independent or semi-independent living unit with provisions for cooking, eating, sanitation and
sleeping, and which complies with the design standards contained in this code for ADDs.
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 ofland after subtracting public and private streets, rights-of-
way, and other unusable or non-developable areas ofland from a gross acre ofland (43,560
square feet).
ADJOINING AND ADJACENT means property that touches or is directly across a public or
private right-of-way. This does not include property across from limited access highways or
arterials with four lanes of traffic or more.
ADMINISTRATIVE HEARING EXAMINER means a person appointed with the powers set
forth in BMC Chapter 2.13. The term "administrative hearing examiner" shall likewise include
the examiner pro tern. As used in this Chapter, "Administrative Hearing Examiner" shall not
mean the Municipal Court Hearing Examiner established pursuant to BMC Chapter 2.62 of the
Bremerton Municipal Code.
LA~.DUL T BUSINESS means adult theater, adult bookstore, massage flarlor as defined in BMC
Chapter 5.92, or adult cabaret.
ADUL T THE}.. TER mcans an establishment that prcsents matcrial relating to sexual activities
and specified anatomical areas for observation and restricted to adult audiences.
ADUL T BOOKSTORE means an establishment that has a significant portion of its stock and
trade in publications relating to specify sexual activities or specified anatomical areas.
ADUL T C}..BARET means an establishment that features entertainers or attendants dressed so
as to emphasize specific anatomical areas or '.vhose performance or other activities include or
mimic specific sexual aetivities.
ADULT ENTERTAINMENT BUSINESSES, see BMC 20.46.110.
ADUL T F AMIL Y HOME means a residential home in which a person or persons provide
personal care, special care, room, and board to more than one but not more than six adults who
5
Zoning Code
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 D.S.C. 3604(f)(3)(b).
ALLEY means any public right-of-way or thoroughfare having a typical width of at least ten
(10) feet, but generally not more than thirty (30) feet, which has been dedicated or deeded to the
public for public use and which affords only secondary means of access to abutting properties,
primarily for service purposes.
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, WIRELESS means any exterior equipment attached or mounted to a building or
tower in the form of one or more rods, panels, discs or similar devices used for the transmission
or reception of radio or electromagnetic frequency signals.
(1) Omni-directional antenna transmits and receives radio frequency signals in a 3600; radial
pattern. For the purpose ofthe provisions set forth in BMC Chapter 21.02.335, an omni-
directional antenna is up to 15 feet in height and up to seven inches in diameter. If otherwise
meeting the definition, a whip antenna is considered an ornni-directional antenna.
(2) Directional antenna transmits and receives radio frequency signals in a specific directional
pattern ofless-than 3600.
(3) Parabolic antenna is a device of generally parabolic shape for the reception and transmission
of radio frequency signals in a specific directional pattern. Also referred to as a satellite dish.
ANTENNA TOWER means any structure that is designed and constructed primarily for the
purpose of supporting one or more antennas, including but not limited to self-supporting lattice
towers, guy towers or monopole towers.
(1) Type I Tower" means a tower up to, but not exceeding, 60 feet in height.
(2) Type II Tower" means a tower greater than 60 feet in height.
APPLICANT means a person who applies for any permit or approval to do anything governed
by this title and who has legal standing to apply for a permit or approval on the specific property.
APPURTENANCE OR APPENDAGE means a supplemental component, architectural
feature, or decoration that has been added to or extends outward from the exterior of a building
wall and is not a primary component of the structure itself. This includes bay windows, low
decks, open porches, awnings, chimneys, and other similar features.
6
Zoning Code
-.
ARCADE means a place of,amusement consisting primarily of games of skill, such as video
games, pinball machines, arid carnival-style skill games. An arcade may be a primary or
accessory use.
ART GALLERY means a room or series of room where art such as paintings, sculptures or
other works are exhibited.
ART STUDIO means a loft, room, group of rooms or building in which an artist works. This
includes facilities for the production of photographic works (still or motion), painting, sculpture,
dance, music or similar activities. A studio is often found in combination with a gallery or may
be an accessory use to a retail business or other use. This does not include incidental artist work
areas within a residence, which produce no odors or noise that negatively impact adjacent
properties.
ASSISTED LIVING FACILITY means a residential facility for elderly persons (age fifty-five
or older) who require moderate to extensive assistance with daily tasks such as cooking, eating,
bathing, housekeeping, dispensing of medicines, shopping, appointments and other tasks.
BAY WINDOW means a window projecting outward from an exterior wall of a structure
forming a small recess opening off of a larger room.
BED & BREAKFAST means an owner managed and occupied residential single-unit dwelling
in which rooms or other overnight accommodations are rented on a nightly basis. Meals may be
included that are included as part of the basic compensation. This does not include group
residential homes, boarding and rooming houses.
BOARDING, ROOMING HOUSE means a single-unit residential structure in which rooms
without kitchens are provided for non-transient persons and may include meals. This does not
include licensed care providing facilities.
BUFFERING means a structural, earthy, or vegetative form used to minimize the impacts of
one land use upon another. A buffer may include anyone or a combination of fences, walls,
berms, high shrubs, trees, or other landscaping. Distance separation is also a form of buffering.
BUILDING CODE means the International Building Code and related codes as amended and
adopted by the City of Bremerton.
BUILDING ENVELOPE means the three-dimensional space within which a structure is
permitted to occupy. Height, Floor Area Ratio, setbacks, lot coverage and similar restrictions
establish the building envelope.
BUILDING LINE means a line on a lot, generally parallel to property lines and located a
sufficient distance from the property lines to provide the minimum yard areas required by this
code. Building lines establish the area within which buildings are permitted and does not
necessarily correspond with the location of any existing structures or other improvements.
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Zoning Code
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CARETAKER means a person who maintains or watches over someone else's land or property
on a part- or full-time schedule. The caretaker may live on the property or elsewhere.
CARETAKER 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.
CAR W ASH means a business engaged in washing, waxing, polishing, and general cleaning of
automobiles, small trucks, light utility vehicles and small recreational vehicles, but that is not
designed to handle larger commercial trucks and buses. It includes self-service, full-service, and
automated car washes and auto detailing services.
CENTER, COMMUNITY OR NEIGHBORHOOD means a facility operated by a public
agency or non-profit organization for social gatherings; learning; recreation; programs to
promote economic independence; and similar functions to improve life skills and increase socio-
economic opportunities for neighborhood or community residents of all ages.
CENTER, SENIOR means a facility designed and equipped to serve the social and recreational
needs and interests of senior citizens and offering the same general types of activities available in
a neighborhood or community center.
CENTER, YOUTH OR TEEN means a facility offering some or all of the types of activities
commonly found in a community or neighborhood center but tailored specifically to provide for
the needs and interests of the under-21 age group.
CHANGE OF USE means a change in the utilization or occupancy of a property or building
from one use to another.
WORSHIP, RELIGIOUS, CHURCH FACILITY means a building or structure primarily
intended as a place for public worship and related activities such as religious education, meeting
halls, and kitchens or places for personal worship or meditation. It does not include pre-schools,
parochial schools, day care facilities, major recreational facilities, vehicle or equipment storage
yards, or other functions that are not clearly a necessary or integral part of the religious
institution.
CITY means "City" shall mean the City of Bremerton, Washington.
CLINIC means an establishment used for the mental and physical care of human patients, but
which excludes facilities for overnight patient care.
DAY CARE FACILITY means a facility licensed by the State of Washington and approved by
the City to provide regular care for adults or children for periods of less than 24 hours.
DECK Means an open platform wider than 18 inches. A deck may be free-standing,
cantilevered from a building, or connected to the ground with steps or ramps. A deck that is
higher than 30 inches above finish grade may be referred to as a raised deck, a rooftop deck, a
balcony, or other suitable term.
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Zoning Code
DELICATESSEN means all establishment selling cooked or preserved foods such as meats,
prepared salads, desserts, cheeses, pickles, sandwiches, soft drinks, etc., generally for
consumption off the premises.
DENSITY means a measure of residential concentration, usually expressed as the number of
dwellings per acre ofland. For example, a lOa-acre area containing 300 dwellings has a "gross"
density of three dwellings per acre. "Net" density is determined by using the acreage total after
all undevelopable areas (streets, open space, wetlands, etc.) have been removed. The U.S.
Census Bureau defines "rural density" as 200 persons per square mile or about one dwelling per
ten acres.
DENSITY, MAXIMUM ALLOW ABLE means the number of dwellings per gross acre as
stated for each zone.
DEPARTMENT STORE means a retail commercial store that consists of a variety of specialty
departments that are interconnected within the same structure and under the same ownership,
such as jewelry, clothing, shoes, automotive products, sporting goods, etc.
DETOXIFICATION CENTER means a facility providing for the care and treatment of an
intoxicated person during the period in which the person recovers from the transitory effects of
acute intoxication.
DIRECTOR means Bremerton's Director of Community Development and his/ her designee.
DRINKING PLACE means an establishment selling intoxicating beverages for consumption on
the premises.
DRIVE-THROUGH FACILITY means an automobile-oriented facility designed primarily for
drive-through trade, and which provides service and caters to patrons while in their motor
vehicles. This does not include gas stations, service stations, and auto repair garages.
DUPLEX means a structure containing two dwelling units on a single lot.
DWELLING, CONVENTIONAL means any building or structure that is built or assembled
(in the case of a modular structure) on the site and in conformance with the provisions of the
Uniform Building Code (UBC).
DWELLING, MODULAR or FACTORY BUILT means buildings or structures that are
constructed primarily in a factory and transported to the site for assembly or installation. All
temporary wheels, axles, and other appliances used in the transport are removed at the
destination and the structure is permanently placed, unless approved as a temporary placement
by the City. Such structures are constructed to the standards of either the Uniform Building
Code (UBC), or the HUD Code. (Also see: Manufactured Home)
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Zoning Code
DWELLING, MULTI-UNIT STRUCTURE means a structure containing three or more
dwelling units. (Also referred to as "multi-family" structure.)
DWELLING, SINGLE-UNIT STRUCTURE means a structure containing one dwelling unit.
(Also referred to as a "single-family" dwelling, or a "house".)
DWELLING, SINGLE-UNIT ATTACHED means two single-unit dwellings (houses) that are
attached at a common side lot line with each dwelling located entirely on its own lot. This does
not include row houses or other housing types having more than two attached units.
DWELLING UNIT means a living space or combination of rooms designed to provide
independent year-round living facilities for one family or household, constructed to the minimum
standards of the UBC or HUD Code, and with provisions for sleeping, eating and sanitation.
FACTORY OUTLET means a retail store that sells products predominantly from a single
manufacturer. It may be within the same building or on the same site as its manufacturing
faciliti~s, or at another location. A single manufacturing business may have many factory outlet
stores, often located with similar stores in "outlet malls". When sited independently of its
manufacturing facilities, a factory outlet store is permitted in the same manner as any other retail
store selling similar merchandise.
FENCE means a structure built to prevent escape or intrusion, or to provide privacy, screening,
or buffering from noise or other undesirable impacts or activities beyond the property line. Also
includes freestanding walls.
FOOD/BEVERAGE TAKE-OUT means a business establishment that specializes in fast
service sales oflimited food products such as sandwiches, hot dogs, packaged lunches, and hot
and cold drinks, and that has no indoor customer seating. Such facilities may include pedestrian
oriented or vehicular drive-through food booths, espresso stands, juice bars or similar facilities.
Such facilities are located on permanent sites and should not be confused with street vendors.
FOSTER HOME means a dwelling unit in which a full-time resident provides temporary care
and supervision on a full-time basis to not more than six foster children, three expectant mothers,
or three other adults requiring full-time care.
GRADE means the lowest point of elevation ofthe finished surface of the ground, paving or
sidewalk within the area between the building and the property line. When the property line is
more than five feet from the building, grade is the lowest point of elevation of the finished
surface between the building and a line five feet from the building. For structures built over
water, grade shall mean the elevation of the ordinary high water mark.
GRADE, EXISTING means the grade or topography existing prior to any excavation, clearing,
grading or filling.
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Zoning Code
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.
GREENHOUSE see "Nursery and Greenhouse"
GROSS FLOOR AREA means the sum of all horizontal areas of floors of a structure when
measured from the exterior faces of exterior walls; including glazed or screened porches.
GROUP RESIDENTIAL means shared living quarters without separate kitchen facilities for
each room or unit. This classification includes group care residence for those whose permanent
residence is the group residential facility. It does not include transient lodging. This definition
shall not be construed to include crisis care facilities, detoxification centers or housing of
sexually violent predators, as defined in RCW 71.09.020(16).
GROUP RESIDENTIAL FACILITY - CLASS 1 (ASSISTED LIVING) means a group care
residence for seven or more children and/ or adults who for various reasons cannot reside in their
natural homes; and/or for persons who have severe chronic disabilities or physical handicaps that
cause substantial functional limitations. This facility may provide physical therapy and training
in social skills. It does not include facilities to which persons are assigned as a result of criminal
conviction or those where residents, individually or by their legal guardians, are not free to
terminate their residency at will.
GROUP RESIDENTIAL FACILITY --- CLASS II means a group care residence for juvenile
delinquents, the mentally ill, persons serving a sentence in lieu of confinement, persons needing
correctional or mental rehabilitation, or persons needing rehabilitation and treatment for social
and/or family problems, drug or alcohol addiction, or abuse. This definition includes programs
providing alternatives to imprisonment; transition back into the community including pre-
release, work-release, and probationary programs that are under the supervision of a court, State,
or local agency. Teaching of work or social skills may be provided in this class facility but it
does not include drug or alcohol detoxification centers.
GROUP RESIDENTIAL HOME means a residential home in which a person or persons
provide personal care, special care, room, and board to more than one but not more than six
children and/or adults who are not related by blood or marriage to the person or persons
providing the services; provided, however, any limitation on the number of residents resulting
from this definition shall not be applied if it prohibits the City from making reasonable
accommodations to disabled persons in order to afford such persons equal opportunity to use and
enjoy a dwelling as required by the Fair Housing Amendments Act of 1988, 42 D.S.C.
3604(t)(3)(b ).
HOMEOWNERS ASSOCIATION means an association of homeowners that has
responsibility for commonly owned property within its residential development and which
enforces covenants and restrictions on commonly owned areas or private property.
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Zoning Code
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HOME OCCUPATION means any non-residential use carried out for monetary gain, which is
secondary to the use of the property for residential purposes, and which is operated in accordance
with the Home Occupation standards of this code.
HOSPITAL means a licensed institution providing primary health care services and medical or
surgical care to persons, primarily inpatients, suffering from physical or mental conditions, and
which may include related facilities as an integral part of the institution.
HOTEL means an establishment that offers transient lodging accommodations to the general
public, and which may provide such related services such as restaurants, meeting rooms, gift
shops, beauty shops and recreational facilities.
HOTEL, RESIDENTIAL or INN means a hotel that is oriented toward medium-term or long-
term residents, with rooms offered at a weekly or monthly rate. Such a facility might also be
oriented toward seasonal residents, persons with a particular need or income level, or persons
employed in the area for a short time.
HOUSEHOLD means all persons, regardless of age, sex, or family relationships, that reside as a
single unit in a dwelling intended for single household occupancy. Such group quarter facilities
as dormitories, boarding houses, nursing homes or similar accommodations typically do not
provide facilities for households.
IMPERVIOUS SURFACE means any material which reduces or prevents absorption of
stormwater into previously undeveloped land.
JUNK YARD means a place where discarded or salvaged materials are bought, sold, exchanged,
stored, baled, packed, disassembled, or otherwise handled. This includes automotive wrecking
yards; house wrecking yards, and storage of structural steel materials and equipment, but does
not include used or salvaged machinery in operable condition nor the processing of used,
discarded or salvaged materials as a minor part of manufacturing operations.
KENNEL means an establishment where five or more domestic animals older than six months
are kept, whether for compensation or not. This does not include veterinary clinics/hospitals, pet
shops or zoos.
LOADING AREA means an area designed and intended for the temporary parking of a vehicle
while loading or unloading passengers, merchandise or other materials.
LOT means any area, tract or parcel of land owned by or under the lawful control and in the
lawful possession of one distinct ownership undivided by a dedicated street or alley or another
ownership, and which has a minimum of twenty feet of frontage on a street.
LOT AREA means the area within the boundary lines of a lot. When creating new lots, the
calculation for each new lot area shall not include public and private streets, wetlands, and other
areas that may be restricted from use or from the types of development allowed by the zone in
which the property is located.
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Zoning Code
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...
LOT, FLAG means a lot with access to its street by way of a narrow strip ofland having a
minimum width of twenty (20) feet. A flag lot consists of two parts.
1. The "flag" or main body of the lot; and
2. The "panhandle" or narrow access way connecting the body of the lot to the street.
LOT, WATERFRONT means a lot of which any portion abuts wetlands or any water body
regulated under the Bremerton Shoreline Master Program.
LOT COVERAGE means that portion of a lot covered by the roof areas of all structures. This
shall not include open decks, except if it provides a roof over occupancy underneath.
LOT DEPTH means the horizontal distance between the front and rear property lines of a lot,
measured along a line midway between the side property lines. The depth of an irregular lot or a
lot having more or fewer than two side lots lines will be determined in the most reasonable
manner, based on the lot's longest average dimension.
LOT LINE, FRONT means any property line that abuts a public street, private street, alley (if
the alley provides primary access) or Ordinary High Water Mark; and is considered a frontage.
LOT LINE, REAR means the property line most opposite or most distant from the designated
front lot line and does not intersect any front lot line. Comer lots do not have rear lot line.
LOT LINE, SIDE means any lot line not defined as a front or rear lot line, or any lot line that
intersects a front lot line.
LOT WIDTH means the average horizontal distance between side lot lines, measured at right
angles to the lot depth line. The Director may use reasonable modifications to this procedure
when determining the width of an irregular lot.
MANUFACTURED HOME means a single-family dwelling required to be built in accordance
with regulations adopted under the national manufactured housing construction and safety
standards act of 1974 (42 U.S.c. 5401 et seq.) The unit shall bear an insignia issued by a State
or Federal regulatory agency indicating that the manufactured home complies with all applicable
construction standards of the U.S. Department of Housing and Urban Development (HUD).
Commercial coaches, recreational vehicles, travel trailers, and motor homes are neither
manufactured homes nor dwelling units. (See Mobile Home.)
MARINA means a facility which provides moorage or wet or dry storage for watercraft or float
planes, and which may offer marine-related sales and services.
MEDICAL 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.
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Zoning Code
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 D.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.)
MOTEL means a facility that offers transient lodging accommodations to the general public,
with at least 25 percent of all rooms having direct access to the outside without the necessity of
passing through the main lobby of the building. A motel may include in-room kitchen facilities
and may offer laundry facilities, exercise rooms, pool, flower and gift shops, travel services,
restaurant, banquet and convention facilities as accessory functions.
MUSEUM means a building, room, vessel (boat or ship), or site intended for the preservation
and exhibition of artistic, historical, or scientific objects. In the interests of local historic
preservation, the Land Use Tables allow the use of historically significant buildings in residential
areas to be used as museums.
NONCONFORMING LOT means a lawfully created lot which has characteristics that no
longer conform to the applicable standards and regulations for the zone in which it is now
located.
NONCONFORMING STRUCTURE means a structure that was legally constructed under the
codes in place at that time, but does not comply with currently required setback, height, lot
coverage, or other development standards of the zone in which it is now located.
NONCONFORMING USE means any activity, development or condition that was legally
established prior to the effective date of this or other applicable code requirements and which
would not be permitted under today's codes. (Such uses are often referred to as "grandfathered"
and may continue to exist and operate legally.)
NURSING HOME means any home, place or institution which operates or maintains facilities
providing convalescent or chronic care, or both, for a period in excess of twenty-four consecutive
hours for three or more patients not related by blood or marriage to the operator, who by reason
of illness or infirmity, are unable properly to care for themselves. Convalescent and chronic care
may include but not be limited to any or all procedures commonly employed in waiting on the
sick, such as administration of medicines, preparation of special diets, giving of bedside nursing
care, application of dressings and bandages, and carrying out of treatment prescribed by a duly
licensed practitioner ofthe healing arts. It may also include community-based care. This does not
include group residential facilities, hospitals, sanitariums, or treatment centers.
NURSERY and GREENHOUSE means facilities used for the propagation and sale of
agricultural or ornamental plants and related products:
1. Retail Nursery/Greenhouse: Offers products to the general public including plant
materials, planter boxes, fertilizer, sprays, garden tools, and related items.
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Zoning Code
---
2. Wholesale Nursery/Greenhouse: Raises nursery stock for sale to retail nurseries or
other businesses.
3. Greenhouse: A nursery facility constructed with transparent or translucent materials
for indoor propagation of plants. A private greenhouse with no commercial sales is
considered an accessory use.
OPEN SPACE means any area which provides physical or visual relief from the developed
environment. It may consist of lands that are improved or unimproved, and public or private.
Within the urban environment, open space may include linear streetscapes, view corridors,
shoreline areas, mini-parks, pedestrian corridors, and areas reserved or used for stormwater
retention, drainage, wetland protection, etc. For zoning and development purposes, specific
areas may be required for outdoor recreation, resource or sensitive areas protection, amenities,
safety, or buffering. The calculations of areas designated to meet open space requirements may
not include driveways, parking areas, required yard areas, land occupied by buildings or
structures, nor other impervious surfaces that are not related to the open space.
OUTDOOR ATHLETIC FIELDS means outdoors facilities used for sporting activities such as
softball, baseball, football, soccer, running track, tennis complex and other non-motorized sports.
Outdoor athletic fields may include bleachers, concession stands, lights, restrooms and other
supporting facilities.
OVERLAY ZONE means a set of land use and development requirements designed to be
applied over, or in addition to, the requirements of the underlying zone for a specific purpose
without removing or modifYing the underlying zone. Common examples are design review
overlays and parking overlays.
PARCEL means a continuous quantity of land in single ownership or under single control,
consisting of one or more lots, and considered a unit for purposes of development. (See "Lot")
PAVED SURF ACE means a surface paved with asphalt, concrete, concrete pavers, or brick but
excluding gravel, crushed rock, and similar materials.
PERSONAL SERVICE BUSINESS means an establishment engaged primarily in providing
services involving the care of a person or apparel, such as; shoe repairs, laundry and dry-
cleaning, beauty and barber shops, clothing/costume rental, tanning, other personal grooming
facilities and domestic assistance services. This does not include massage parlors, health care
services, exercise establishments, nor funeral services.
PIER means a fixed structure, or a permanently moored floating structure, built over tidelands or
shorelands, and used for a marine landing or moorage for watercraft.
PORCH means a roofed open area attached to a building or other structure, usually at an
entrance to the structure. A porch that is enclosed, glazed or screened, may lose its status as an
appurtenance.
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Zoning Code
PRIVATE CLUB,OR LODGE means structures, facilities and grounds owned or operated by a
private or fraternal organization for use by its members and guests.
PUBLIC FACILITIES means facilities provided for the benefit ofthe general public including
streets, roads, highways, sidewalks, street and road lighting systems, traffic signals, domestic
water systems, storm and sanitary sewer systems, parks and recreational facilities, public
schools, and other public buildings.
PUBLIC SERVICES means services provided for the benefit of the general public, including
fire protection and suppression, law enforcement, public health, education, information,
recreation, environmental protection, development assistance/permitting, etc.
RECREATIONAL VEHICLE means a vehicular-type unit primarily designed for recreational.
camping or travel use that has its own motive power or is mounted on or towed by another
vehicle. The units include, but not limited to, travel trailers, fifth-wheel trailers, folding camping
trailers, truck campers, and motor homes,..: ~otor~cles, snowmobiles, $ > ~~tf7 CJGt.f-
RECREATIONAL VEHICLE PARK means a facility designed to provide two or more sites
on which to park travel trailers, motor homes or similar recreational vehicles for periods not to
exceed 30 days. Accessory uses to an "RV Park" often include a swimming pool, playground
equipment, convenience store, bathing and laundry facilities, and other camping/travel services.
RECYCLING CENTER means a facility for the collection, storage and processing of
recyclable materials including crushing, breaking, sorting, packaging and related operations. A
"junk yard" is not a recycling center.
RECYCLING COLLECTION STATION means a facility consisting of structures, bins, or
other containers designed or intended for the collection and temporary storage of recyclable
materials until they are picked up and transported to another location for processing and/or
packaging.
RECYCLING COLLECTION STATION (LIMITED) means a recycling collection station
for the collection of glass, tin cans, aluminum, cardboard, newspaper, magazines, plastics, and
other recyclables in small units, but not including large appliances, furniture, auto parts, tires,
hazardous or liquid wastes, or any forms of domestic garbage (putrescible wastes).
REHABILITATION means the upgrading of a building from a dilapidated or substandard
condition.
RESIDENTIAL, AS SECONDARY USE means when permitted in a non-residential zone, a
residential land use is not always accessory to other uses, but is considered secondary and
subordinate to the principal uses of that zone. Residential uses are placed in locations that don't
conflict with street level frontage locations that are reserved for retail, office and other business
uses that comprise the primary function of that zone. (See design standards)
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Zoning Code
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RESTAURANT means a commercial use (excluding fast food establishments) which sells a
variety of prepared food and beverages and provides accommodations for consuming those
products on the premises.
RESTAURANT, FAST FOOD means an establishment whose principal business is the sale of
a limited variety of pre-prepared or rapidly prepared food and beverages directly to the consumer
for consumption either on or off premises. Food is generally not served to the customers' tables,
but is more often dispensed through a walk-up counter or drive-through take-out window.
REZONE means a formal amendment to the Official Zoning Map of the City of Bremerton to
change the zone designation of one or more lots. (also referred to as a Zoning Map Amendment)
SENIOR CITIZEN means an individual of 55 years of age or older.
SENIOR HOUSING COMPLEX means a planned residential community, intended and
operated for occupancy by senor citizens, which consists of any mix of detached single family or
duplex dwellings and/or retirement apartments, wherein, at least 80% ofthe occupied units are
occupied by at least one Senior Citizen.
SETBACK means the required horizontal distance between the finished exterior wall of a
structure and the lot line of the lot on which it is located.
SETBACK, PERIMETER means the required distance between the allowed building envelope
and the exterior lot lines of a Planned Unit Development. This does not apply to interior lots.
SCHOOLS, PUBLIC means an institution oflearning operated by a public school district and
including colleges. This may include schools operated by a non-profit organization.
SCHOOL, PRIVATE means privately owned and operated schools including private colleges,
Montessori schools and similar.
SCHOOL, PAROCHIAL means an institution having a curriculum equivalent to that of a
public school but supported and controlled by a recognized religious organization.
SCHOOL, BUSINESS & TRADE means an institution providing instruction and training in a
specific service, art, or trade such as secretarial, real estate, travel, auto or machinery repair,
welding, etc.
SIDEWALK VENDOR means a person(s) who sells edible or non-edible merchandise from a
stand, booth, cart, basket, tray, table or other device on any sidewalk, street, highway or public
place. They are not categorized as a land use.
SIGN means any communication device, structure, or fixture which is intended to identify a
building, use, business, or event; or to promote the sale of products, goods or services; using
graphics, letters, figures, symbols, trademarks or written copy. Painted wall designs or patterns
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Zoning Code
which do not represent a product, service or registered trademark, and which do not identify the
user, are not considered signs. (See "Sign Provisions" of this code)
STADIUMS AND SPORTS COMPLEXES means a large structure for open-air sports and
entertainment generally consisting of tiered seating where people can sit and watch games. Field
houses and facilities for serving food are often included.
STORAGE YARD means an outdoor area where vehicles, equipment, merchandise, raw
materials, or other items are accumulated and stored for an indefinite period until needed.
Storage yards are often used in conjunction with a warehouse, storage buildings, sheds or other
structures and may be public or private. Unless a function of a government agency or public
utility, storage yards are considered accessory to a business or other principal use.
STORY means that portion of a building that extends from the floor surface to the surface of the
floor above or, in the case of a top floor, to the ceiling or roof above. If a finished floor level is
more than six feet above the finished grade for more than fifty percent of the total perimeter, the
area beneath that floor shall be considered a story.
STREET means the improved section of any public or private right-of-way intended primarily
for motor vehicle travel and which affords the principal means of access to abutting property,
together with bicycle lanes, sidewalks, and related improvements.
STREET, PRIVATE means a parcel at least 20 feet in width, created specifically to provide
motor vehicle access to abutting properties, the owners of which share in its ownership and
maintenance responsibilities.
STRUCTURE means that which is built or constructed.
STRUCTURE, ACCESSORY means a structure that is incidental and subordinate to a
principal structure and which is customarily found in connection with the principal structure and
located on the same lot or parcel.
STRUCTURE, PRINCIPAL means a structure containing one or more principal uses, as
permitted by the zone in which the property is located.
STRUCTURE, TEMPORARY means a structure which does not have, nor is it required by the
Uniform Building Code to have, a permanent attachment to the ground but is subject to building
permits.
TOWNHOUSE for purposes of this code, a townhouse is a single-unit structure in a row of at
least three such units in which each unit has its own front and rear access to the outside, no unit
is located over another, and each is separated from any other unit by one or more common fire
resistant walls. Ownership of each unit includes ownership of an individual parcel ofland
beneath the unit and usually includes a privately-owned outdoor area as well (private yard or
open space). The remainder of the grounds, private streets or driveways, and recreational
facilities are owned in common, similar to condo ownership.
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Zoning Code
TRANSIENT PERSON means a temporary lodger who stays no longer than 30 days per visit.
USE means the purpose or activity for which land or improvements are intended, occupied or
maintained.
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, PRINCIPAL means the primary or main use conducted or allowed on a lot or parcel.
USE, CONDITIONAL means a use that is not permitted "outright", but may be approved
through a Conditional Use Permit process. Conditional Use shall have the same meaning as
"Special Use" as employed in Bremerton Municipal Code.
USE, SPECIAL means a use that is not permitted "outright", but may be approved through a
Special Use Permit process. Special Use shall have the same meaning as "Conditional Use" as
employed in Bremerton Municipal Code.
USE, TEMPORARY means a use that may occur on a lot on a short term or seasonal basis for a
prescribed period oftime, which usually does not exceed a six-month duration during a twelve-
month period:
VARIANCE means official permission to be relieved from specific development code
requirements that cause an unusual or unreasonable hardship due to the physical characteristics
of the site or existing improvements.
VESTING a fully completed development application is "vested" at the time it is received by
the permitting authority. The development may then be processed, permitted and carried out
under the zoning, land division, and other regulations that were in effect when vesting occurred.
VETERINARY CLINICS AND ANIMAL HOSPITALS means a facility providing routine
and emergent medical attention to domestic pets and other animals.
YARD means that portion of a lot that lies between a lot line (property line) and the building
line. (See Figure 070( d).)
FRONT YARD: The yard area extending the full width of the front of a lot between the
front property line (lot line) and the front building line.
REAR YARD: A yard extending the full width of the lot between the rear property line
(lot line) and the rear building line. When irregular lots, through lots, and corner lots
have no rear lot lines, they will have no rear yard areas as defined.
SIDE YARD: A yard between the side lot line and the side building line and extending
from the front yard to the rear yard. Triangular lots, corner lots, or other irregularly
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Zoning Code
shaped lots may have only front and side yards. Through lots generally have two front
yards and two side yards, but no rear yard as defined.
YARD, CONSTRUCTION OR STORAGE See "Storage Yard".
ZERO LOT LINE means the location of a building on a lot in such a manner that one of its
sides rests directly on a side lot line with no setback.
SECTION 3. Chapter 20.44 of the Bremerton Municipal Code entitled "General
Development Standards" is hereby created to read as follows:
CHAPTER 20.44
GENERAL DEVELOPMENT STANDARDS
20.44.010 FRONT YARD
(a) The front yard is the area extending the full width of the front of a lot between the
front lot line and the front building line. Structure intrusions into front yard setbacks are
prohibited except:
(1) Eaves, cornices, awnings, bay windows, architectural appendages,
fireplaces, chimneys and may project not more than two (2) feet into the front yard setback;
(2) DeckEj, platforms, porches, steps, walkways, and driveways that do not
exceed thirty inches (30") in height above the finished grade;
(3) Raised decks, high or enclosed porches, balconies or similar architectural
appendages that extend more than thirty inches (30") above finished grade may project not more
than six feet (6') into the front yard setback;
(4) Free standing signs may project not more than six feet (6') into the front
yard setback; and
(5) Fences and free-standing walls;
(b) Requirements for lots with more than two (2) front yards
(1) Through Lot: have two (2) front property lines parallel or approximately
parallel to each other. Front yard setbacks shall apply to each. The Director may designate one
of the front property lines a rear property line provided the following criteria are met:
(i) Orientation of the lot or structure shall be considered;
(ii) At least 60 percent of the lots/ or structures within the
neighborhood block, or area being considered, are oriented in a similar direction away from the
lot line being designated as a rear lot line;
(iii) In the case of waterfront properties, the portion of a lot facing
views or waterfront may be designated the front lot line, in which case the only street frontage
could be designated its rear lot line.
(2) Comer Lots: have abutting streets that intersect. The front yard setbacks
shall apply to each front property line.
20.44.020 TRADITIONAL FRONT YARD
In residential zones, front yard areas the Director may modify the front yard setback
according to the following criteria.
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Zoning Code
(a) When sixty (60) percent or more of the houses or garages/ carports within a
numbered block on the same side of the street as the subject property are setback less than the
required zoning front yard setback, the average setback of the existing nonconforming structures
may be used to establish the minimum front yard of all properties fronting on that side of the
street;
(b) No new structure may be setback less than five (5) feet from the front ofthe
structures on the adjoining lots; and
(c) The minimum front yard setback shall not be less than five (5) feet.
20.44.030 SIDE YARD
The side yard is the area extending between the side lot line and the side building line and
extends from the front yard to the rear yard. Triangle lots, comer lots and other irregular lots
may have only front and side yards and no rear yards. Structure intrusions into a side yard are
prohibited except as follows:
(a) Eaves, cornices, awnings, fireplaces, and chimneys may project not more than
two (2) feet into the side yard setback;
(b) Platforms, steps, walkways, and driveways (does not include parking spaces) that
do not exceed thirty inches (30") in height above the finished grade; and
(c) Fences and freestanding walls.
20.44.040 REAR YARD
The rear yard is the area extending the full width of the lot between the rear lot line and
the rear building line. Structure intrusions into a rear yard setback are prohibited except:
(a) Eaves, cornices, awnings, architectural appendages, fireplaces, chimneys and
permitted signs may extend no more than two (2) feet into the required rear yard area setback,
and are no closer than three (3) feet from any lot line.
(b) Decks, platforms and open uncovered porches provided they do not exceed thirty-
(30) inches in height above the finished grade and are no closer than three (3) feet from any lot
line.
(c) Fences, freestanding walls, steps, walks and driveways.
20.44.050 ALTERNATIVE SETBACKS
The Director may approve alternative setbacks that generate a public benefit provided the
following criteria are satisfied.
(a) Total site area within setbacks shall be equal to or exceed that created by
adherence to the standard setbacks;
(b) There shall be a finding of public benefit that is consistent with the goals and
policies of the Comprehensive Plan. An example of public benefit includes but is not limited to
reduction of setback adjacent to a street or other public right of way in exchange for increased
setback from a development-sensitive environment such as a wetland or an existing incompatible
land use; and
(c) The development plan shall not be inconsistent with the intent of any provision of
the Zoning Code.
20.44.060 ACCESSORY STRUCTURE SETBACKS
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Zoning Code
--------- ----- --- ---- ----------~-
(a) Accessory structures shall observe the front yard setbacks requirements of the
zone in which they are located.
(b) Accessory structures in Residential zoning districts may be constructed no closer
than three (3) feet from the side or rear property lines that adjoin other property. No setback is
required if the side or rear property line adjoins an alley.
(c) Accessory structures for the keeping of livestock or fowl shall conform to the
requirements of Bremerton Municipal Code, Chapter 7.08.700.
(d) Accessory structures on adjacent lots, that are not attached to their principal or
any other structures, may be attached to each other at a side or rear property line (zero-lot-line)
with approval of a Special Use Permit and if designed in accordance with IBC requirements for
such structures.
20.44.070 MEASURING THE HEIGHT OF A STRUCTURE
The height of a building or structure shall be measured as the distance from the average
final grade to the highest point of the structure. Exceptions: Penthouse for elevators, firewalls,
chimneys, and flagpoles, may exceed maximum height limits. None of these exceptions to the
height regulations shall be used for advertising of any kind.
20.44.080 CALCULATING LOT AREA
Lot area shall include all areas within the exterior lot lines exclusive of water areas. Lot
widths, depths and setbacks on shoreline lots are measured from the ordinary high water mark.
20.44.090 ROUNDING OF FRACTIONS OF DWELLING UNITS
The number of dwelling units allowed on property using density calculations is
determined by dividing the lot size by the number of square feet permitted per dwelling unit.
When this number results in a fraction, round up to the next whole number (unit) when the
fraction of whole number is at least 0.66.
20.44.100 FLAG LOTS
A flag lot is defined as a lot with access to a street by way of a narrow strip ofland. The
lot consists of two parts: the "flag" or main body ofthe lot and the "panhandle" or the narrow
access way connecting the lot to the street.
(a) When creating new lots the following standards shall apply:
(1) The minimum lot size shall be 150 percent of the minimum lot size of the
underlying zone;
(2) The "panhandle" shall have a minimum width of twenty (20) feet wide;
(3) The minimum lot width and depth of the "flag" shall be the same as the
underlying zone;
(b) Flag lot dimensions shall be measured from the mid-point between two opposite
lot lines of the "flag" body of the lot.
(c) The yard setbacks shall be the same as underlying zone setbacks, except the front
yard setback area shall be applied per Figure 20.44.100 (see appendix).
(d) In those case where BMC 20.44.100(c) cannot be applied, the property line that
most closely parallels the street from which the lot gains its access shall be deemed the front lot
line and front yard setbacks shall be measured from that line.
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Zoning Code
(e) The access way or driveway shall be under the same ownership as the body of the
flag lot. An easement shall not be used as a method of providing access to the body of the flag
lot.
(f) The panhandle shall provide access to a paved and dedicated public right-of-way
or a private street. Flag lots shall not be created in order to avoid providing turnarounds per City
engineering street standard.
SECTION 4. Chapter 20.46 ofthe Bremerton Municipal Code entitled "Special
Development Standards" is hereby created to read as follows:
CHAPTER 20.46
SPECIAL DEVELOPMENT STANDARDS
20.46.010 ACCESSORY DWELLING UNITS
An Accessory Dwelling Unit (ADU) may be installed where an existing or _new single-
family dwelling unit (hereafter principal unit) is allowed. Accessory Dwelling Units are exempt
from density requirements and shall be subject to the following specific development, design and
owner-occupancy standards.
(a) An ADU may only be created as a component of a new single-family dwelling
unit and shall be reCorded in construction plans and eermits for construction of the new single- (-
family unit and any accessory garage. l'l~~
WiQ) +he-An ADD shall comply with the development standards of the underlying ~
zone for the principal unit including setbacks, height, and lot coverage. , ~
M( c) +he-An ADU may be attached to, or detached from, the principal unit oRlryr if ~
incorporated into an accessory garage structure.
fete d) Only one ADU may be created per residence.
fdt( e) The property owner, which shall include titleholders and contract purchasers,
must occupy either the principal unit or the ADU as their permanent residence, hut not both, for
at least six (6) months out ofthe year.
fete f) +he-An ADU shall be limited to not more than:
(1) Forty (40) percent ofthe principal unit's total floor area (not including
basement);
(2) 800 square feet maximum, nor less than ~300 square feet;
(3) Two (2) bedrooms.
ro( g) Any attached:ffte ADU shall be designed so that, to the degree reasonably
feasible, the appearance of the building remains that of a single-family residence including the
following:
(1) Constructed of the same materials and siding as the principal unit;
(2) +he-A roof shall be of equal or greater pitch as the principal unit;
(3) Shall not have a A height not greater than the principal unit.
W(h) The principal efl:trance to the f.DU shall be located in such a mallfler as to be
unobtrusive from the same ~/iew of the building, v;hieh encompasses the entrance to the principal
~ The entrance to an attached ADU shall not be on the same fac;:ade of the structure as an
entrance to the principal unit.
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Zoning Code
tft)(i) Accessory Dwelling Units with up to one bedroom shall provide one (1) off-street
parking space, andADUs with two-bedroom shall provide two (2) off-street parking spaces in
addition to that which is required for the principal unit.
titCD When development of the-an ADU is for people with disabilities, the Director
may allow reasonable deviation from the stated requirements to install features that facilitate
accessibility such as those required by the International Building Code.
ffi(k ) +he-An ADU shall have a deed restriction recorded with the Kitsap County
Auditor to indicate the presence of the ADU, the requirement of owner-occupancy, and other
standards for maintaining the unit as described above.
(k)Cancellation of an }.DU's registration may be accomplished by the owner filing a
certificate v;ith the Director for recording at Kitsap County Auditor, or may occur as a result of
enforcement action.
20.46.020 FENCES AND WALLS
(a) Fences and walls shall observe the following height and setback requirements:
(1) Residential Zones:
(i) Maximum height shall be six (6) feet.
(ii) Maximum height within the front yard setback area shall be three
(3) feet; except an open mesh cyclone type fence may not exceed a height of 48 inches.
(iii) On comer lots with a specified front yard setback on each street
frontage, the Director can determine that the street frontage of the residence's principal
orientation is a "primary frontage" and may permit a six (6) foot maximum height fence in the
yard on the other (secondary) frontage only if all of the following conditions are met:
a. The higher fence will not block any existing front yard
views from an adjoining residence with its principal orientation to that same street;
b. The higher fence will not be closer to the residence's front
property line on the street of principal orientation than the closest part of the front fayade of the
residence;
c. The higher fence will not encroach into the front yard of
the primary frontage where the maximum height limit in BMC 20.46.020(a)(1)(ii) takes
precedence.
(2) Commercial Zones:
(i) Maximum height shall be eight (8) feet.
(ii) Maximum height shall be six (6) feet when adjacent to a public
right-of-way, or to a residential zone.
(3) Industrial Zone:
(i) Maximum height shall be ten (10) feet.
(ii) Maximum height shall be six (6) feet when adjacent to a public
right-of-way, or to a residential zone.
(b) A Type II Special Use Permit may be granted for fences or walls up to eight (8)
feet high in a side or rear yard only if all of the following criteria are met:
(1) The fence or wall is necessary to provide privacy and security between a
residential and a non-residential use; and
(2) The design of the fence will present a "finished" appearance on its outside
face.
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Zoning Code
(c) Fences and walls shall not block or hinder the sight distance oftraffic. Exact
location and design of a fence or wall is subject to the approval of the City Engineer when
visibility or public safety is an issue.
(d) No electric or electrified fences shall be permitted within the City of Bremerton.
(e) Barbed wire or similar wire protective devices are permitted only in industrial
zones above a height of six (6) feet provided that adjoining a residential zone, devices may be
allowed by a Type II Special Use Permit only ifthe following criteria are met:
(1) The applicant demonstrates that the protective device cannot be installed
outside of the specified setback without significantly diminishing the utility of the industrial
property;
(2) The protective device will be designed to minimize adverse aesthetic
impact to the residential use by installing the device behind the top of a fence or wall or
screening the device with landscape; and
(3) The applicant demonstrates that the protective device is necessary to
provide additional security along the residential property line to protect the industrial premises.
(f) Notwithstanding the provisions of (a)(1)ii above, architectural appurtenances such
as trellises or entry gates that define a walkway or driveway entry are allowed in a front yard up
to ninety (90) inches high, provided that:
(1) No individual structural support for such features shall be more
than twelve (12) inches square in section,
(2) Any gate shall not obscure more than 20% of visibility to the yard
as viewed perpendicular to the gate's installation, and
(3) Any entry feature greater than three (3) feet in height shall not be
more than six (6) feet wide for a walkway entry or more than sixteen (16) feet wide for a
driveway entry.
20.46.030 HOME OCCUPATION
Home occupations are permitted in a residential dwelling unit subject to the following
limitations.
(a) The business shall clearly subordinate to the use of the dwelling unit for
residential purposes.
(b) The business shall be wholly situated indoors.
(c) No person shall be employed in the home occupation unless a resident ofthe
dwelling unit;
(d) There shall be no exterior display, storage or other exterior indication ofthe
existence of the home occupation, except as allowed by the underlying zone;
(e) One additional off-street parking space meeting shall be provided in addition to
the number of spaces already required. The Director may waive this if the home occupation
involves Internet services that do not require customers or deliveries at the residence.
(f) Any sales of product shall be limited to those produced on the premises, except
products produced elsewhere may be allowed provided the business is primarily involved in the
product's distribution and does not attract buyers to the property for retail or wholesale sales.
(g) Sales and services to patrons shall be arranged through appointment so that only
one patron vehicle is on the premises at the same time.
(h) Not more than fifty (50) percent ofthe gross floor area of the dwelling unit may
be devoted to the home occupation use.
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Zoning Code
(i) The garage shall not be used in the business unless the required off-street and
customer parking can be adequately accommodated elsewhere on the site.
(j) Home occupations involving non-automotive engine and equipment maintenance
or servicing, beauty or barbershops, or the selling of products that are not produced on the
premises shall require a Type II Special Use Permit.
(k) Automotive painting, body, and engine repair, small engine repair services and
any activity likely to produce excessive noise are prohibited as home occupations.
(1) Persons engaged in legal home occupations on the effective date of this chapter
shall be considered legal, provided the operation is consistent with all ofthe above-listed
performance standards. Any home occupation that was legally established but does not conform
to all those standards may not expand or enlarge and shall terminate that use upon (1) change of
use or ownership of the property or (2) written complaint of adjacent or nearby property owners,
after due notice and hearing, if the Director determines that the home occupation is interfering
with the use and enjoyment of the neighboring premises and is not compatible with the
residential environment in which it is located.
20.46.040 MANUFACTURED HOMES
(a) Manufactured homes are permitted on one individual parcel, lot, or tract in
residential zonesr The follo'l:ing shall apply to manufactured homes. provided that the home is:
(1) Approved by the Washington State Department of Labor and Industries or
the U.S. Department of Housing and Urban Development, and the appropriate certification
insignia is affixed to the unit, in accordance with the provisions ofRCW 43.22;
(2) Comprised of at least two fully enclosed parallel sections each of not less
than twelve feet wide by thirty-six feet long;
(3) Set upon a permanent foundation, as specified by the manufacturer, and
that the space from the bottom of the home to the ground be enclosed by concrete or an approved
concrete product which can be either load bearing or decorative;
(4) Compliant with all local design standards applicable to all other homes
within the neighborhood in which the manufactured home is to be located;
(5) Thermally equivalent to the state energy code;
(6) Originally constructed with and now has a composition or wood shake or
shingle, coated metal, or similar roof of nominal 3: 12 pitch;
(7) Sided with exterior siding similar in appearance to materials commonly
used on conventional site-built uniform building code single-family residences; and
(8) A new manufactured home as defined in RCW 35.63.160 (2).
(I)Manufactured Home Certification: The 'Nashington State Department of
Labor and Industries or the U.S. Department of Housing and Urban Development shall approve
all manufactured homes and have the appropriate insignia affixed to the unit, in accordanee '.'lith
the provisions ofRC'}1 ~3.22;
(2)ls comprised of at least tVIO fully enclosed parallel sections each of not less
than tv/elve fcet ,-vide by thirty six feet long;
(3)Shall be set upon a permanent foundation, as specified by the manufacturer,
and that the space from the bottom of the home to the ground be enclosed by concrete or an
approved concrete product which CaR be either load bearing or decorative;
(1)Shall comply \vith all local design standards applicable to all other homes
within the neighborhood in which the manufactured home is to be locatcd;
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Zoning Code
(5)The home is thermally equivalent to the state energy code;
(6}Was originally constructed with and now has a composition or '.'Iood shake or
shingle, coated metal, or similar roof of nominal 3: 12 pitch; and
(7)Has exterior siding similar in appearance to siding materials commonly used
on conventional site built ooiform building code single family residences.
(b) A manufactured home which was legally placed and maintained prior to the date
of adoption of this chapter, and does not meet the requirements of this chapter, shall be deemed
to be a non-conforming structure. If a legal non-conforming manufactured home is partially or
wholly destroyed, replaced, or altered, it shall be required to meet the relevant requirements set
forth in the nonconforming provisions of this title.
(c) The Building Official or designee shall inspect the installation of manufactured
homes prior to occupancy and issue certificates of occupancy for manufactured homes. If all
requirements are met, a certificate of occupancy shall be issued. No manufactured home shall be
occupied until after the City issues a valid certificate of occupancy.
(d) If a manufactured home is replaced by another manufactured home, a new
certificate of occupancy shall be required for the installation of a manufactured home after the
date of adoption of this ordinance.
20.46.050 RECREATIONAL VEHICLE ON A PRIVATE LOT
A recreational vehicle occu ied or not ma be arked on a rivate lot or lots onl as an
accessory use subject to the following provisions: "..... K:., "'- 7
(a) a recreational vehicle may be occupied for a cumulative period not to exceed 30
days during any 12 consecutive month period and only if in accordanc€ '",ith the parking
pFOYisiefl3 ()f th~ld:hapter; *
(b) a recreational vehicle may be parked and occupied by the owner of a lot as
temporary housing during the period of new house construction on the lot for a period not to
exceed one year;
(c) only one recreational vehicle may be occupied on a single lot at any time;
(d) a recreational vehicle shall not be parked within a required front yard setback for
more that 15 consecutive days and not more than 30 days cumulative in any 12 consecutive
months; and ~1 otJP.tf v) ~
(e) a ecreatlOna vehicle must be self-contained and all garbage and sanitation shall
be disposed of in a manner approved by the City.
20.46.050 RECREA TION}...L YEHICLES
}.. Temporary Use Permit is required for any recreational vehicles parked on a '/acant lot
not containing a principle use as defined ooder this Title. The follo'Ning conditions shall apply
to the permit:
(a)A recreational ';ehicle shall be limited to no more than 30 days during any 12
consecuti'le month period;
(b)No more than t'1I0 (2) temporary use permits may be issued for a parccl during any 12
consecutive month period;
(c )The recreational vehicle o'vYner shall have the written permission of the property oV/ner
on whose property it is loeated;
(d)The recreational vehicle must be legally parked on the property (not in the street);
(e )The recreational vehicle cannot occupy any required off street parking spaces;
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Zoning Code
(f)The recreational vehicle must be self contained and all garbage and sanitation shall be
disposed of in a manner approved by the City.
20.46.060 DISH ANTENNAS
(a) A ground-mounted dish antenna is subject to the setback requirements of the
underlying zone.
(b) Dish antennas may not be placed above the maximum underlying zoning district
height.
(c) All dish or other parabolic antenna having a collector dish diameter of six feet or
greater shall be ground-mounted, except as provided for otherwise. An antenna having a dish
diameter smaller than six feet may be pole-or roof-mounted in a location that has the least visual
impact on surrounding properties and views while maximizing the effectiveness of the antenna's
operation.
20.46.070 ADAPTIVE REUSE OF PUBLIC AND SEMI-PUBLIC BUILDINGS
The intent of these provisions is to provide opportunities for reusing functionally obsolete
public and semi-public buildings that are structurally sound with new uses to extend their
economic life. The adaptive reuse shall not be granted ifthe new use adversely affects adjacent
properties. Consideration shall be given to the relative intensity of the proposed use compared to
the intensity of the planned land use environment.
(a) A Type III Special Use Permit is required when an adaptive reuse is for a building
located within a residential zone. The adaptive reuse shall meet the following criteria in order to
be granted approval.
(1) New traffic shall bc adequately accommodated within the existing levels
of service on the surrounding neighborhood streets.
(2) .^..dequate pf.rovisions for off-street parking are made. The Hearing
Examiner may reduce the number of off-street parking spaces if commute trip reductions
methods are employed and the adaptive reuse do not generate an increase in on-street parking
demand.
(3) The new use does not generate noise that exceeds City standards for
residentially zones.
(4) Adequate street trees and landscaping are incorporated in a manner that
buffers the adaptive reuse from adjacent residential uses and makes it more compatible with the
surrounding neighborhood.
(5) Additional conditions may be applied including, but not limited to,
limiting hours of operations, density, restrictions for noise attenuation and other conditions
deemed necessary to ensure compatibility with surrounding residential uses.
(6) The subject building must have been constructed for a stated public or
semi-public use and operated as such for a minimum of five (5) years. For the purpose of this
section public and semi-public building" shall include public schools, fire stations, libraries,
churches, hospitals, and post offices.
(b) The following uses may be approved for adaptive reuse:
(1) Residential as a secondary use, no density limit provided no new floor
area constructed;
(2) F oster Homes;
(3) Daycare facilities;
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Zoning Code
(4) Group Residential Facilities, Class I (Assisted Living);
(5) Youth, Teen, Senior, or Community or Neighborhood Centers;
(6) Medical and dental clinic and related services (not hospitals);
(7) Schools, and rReligious worship facilities;
(8) Library;
(9) Museum and Art Gallery;
(10) Consultants (Architect, Engineering, Planning, Design and similar);
(11) Computer assistance and training (but not repair);
(12) Office/business assistance services, Call Centers, and general offices7i
(13) Social services/facilities; and
(14) Welfare and charitable services/facilities.
20.46.080 MINERAL RESOURCE EXTRACTION
The purpose of this section is to preserve opportunities for mineral extraction while
protecting the health and safety of the community.
(a) Mineral resource extraction for soil, and, gravel, quarried stone or ore may be
allowed if a Type III Special Use Permit is approved. The owner or agent of the quarry shall
submit to the City copies of all documents submitted to the Washington Department of Natural
Resources with the application.
(b) At a minimum the following performance standards shall apply.
(1) A fence eight (8) feet in height shall be installed around the mineral
extraction area and all accessory operations.
(2) When a subject property is adjacent to developed properties or public
rights-of-way, a four (4) foot high landscape sight-obscuring barrier shall be installed that will
grow to not less than eight (8) feet high within three (3) years. If soil and terrain make
landscaping impractical, an eight (8) foot fence or wall that completely screens the property from
other uses and the public streets shall be installed.
(3) The following are the minimum distances to be measured from adjacent
property lines or public rights-of-way.
(i) Critical Areas.
a. to edge of pit, excavation, or stockpiling area, lOO feet
b. to crushing of rock or processing of stone gravel or
minerals, 300 feet
c. to blasting, determined on a case-by-case basis
(ii) Shoreline area
a. to edge of pit, excavation, or stockpiling area, 100 feet
b. to crushing of rock or processing of stone gravel or
minerals, 300 feet
c. to blasting, determined on a case-by-case basis
(iii) Industrial area
a. to edge of pit, excavation, or stockpiling area, 20 feet
b. to crushing of rock or processing of stone gravel or
minerals, 200 feet
c. to blasting, 400 feet
(iv) Residential area
a. to edge of pit, excavation, or stockpiling area, 300 feet
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Zoning Code
b. to crushing of rock or processing of stone gravel or
minerals, 500 feet
c. to blasting, determined on a case-by-case basis, minimum
1,000 feet
(v) All other land sues
a. to edge of pit, excavation, or stockpiling area, 100 feet
b. to crushing of rock or processing of stone gravel or
minerals, 300 feet
c. to blasting, determined on a case-by-case basis
(4) When a pit exceeds a depth of twenty (20) feet, all dense undergrowth
shall be removed from the soil cover for a distance of fifty- (50) feet from the edge ofthe pit.
(5) No smoke, dust, dirt, fly ash, other airborne particulate matter, toxic or
odorous gasses, liquid or solids shall be emitted in quantities that adversely affect surrounding
properties.
(6) The provisions set forth in BMC Chapter 6.32 shall apply as applicable.
(7) Upon the termination of quarrying operations at a pit that exceeds a depth
of five (5) feet, shall be backed fill to a minimum slope of one (1) foot vertical to one (1) foot
horizontal.
(8) The site shall be restored after quarrying activities are completed. A
landscaping and site reclamation plan shall be required with the Special Use Permit and the City
may require a security guarantee for restoration.
20.46.090 SENIOR HOUSING COMPLEX
A Type III Special Use Permit may allow senior housing complexes in any zone, except
industrial zones, subject to the following standards:
(a) The site shall have access to an arterial street;
(b) Minimum site area shall be no less than two (2) acres;
(c) Minimum setbacks, density, height and lot coverage of the underlying zone shall
apply;
(d) Off-street parking shall be a minimum one (1) space per dwelling unit;
(e) Except for a community building I clubhouse for the exclusive use of complex
residents, all accessory uses shall be located within a structure containing residential units;
(f) Attached or detached structure types are permitted and dwelling units may be
owned by individuals or occupied as rentals;
(g) Access to alternative transportation such as public transit or on-site shuttle
services to access daily goods and services shall be provided; and
(h) A management agreement or covenants on individual properties to maintain the
complex, as a senior citizen complex, shall be recorded with the Kitsap County Auditor's office.
20.46.100 RECYCLING COLLECTION STATION
The following standards apply to collection stations intended for public use. They are not
mandatory (but may be applied voluntarily) for private on-premise collection and storage of
recyc1ables by owners or tenants of residential properties, businesses or organizations. Such on-
premise collection and storage is considered accessory to the principal use of the property and
not available to the general public.
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Zoning Code
-------
(a) Areas to be used in the collection operation must have asphalt or concrete surface
and shall be landscaped to the same standards that apply to any other development or use within
the subject zone.
(b) The facility shall be closed to public access between the hours of 8:00 p.m. and
6:00 a.m. in residential zones.
(c) A sight-obscuring fence or wall built to the maximum allowed height of the zone
shall be constructed and maintained along the sides and rear of the facility. Chain-link type
fences and gates are permitted along front lot lines.
(d) The facility may be lighted for use during hours of darkness, but shall not be
lighted between the hours of 8:00 p.m. and 6:00 a.m. in residential zones.
(e) The site shall be monitored and maintained in a clean, safe and healthful manner.
20.46.110 ADUL T ENTERTAINMENT BUSINESSES
This section regulates the location of adult entertainment businesses. The purpose of
these regulations is to reduce conflicts between adult entertainment businesses and other land
uses. The intent is to protect the City from the blighting impacts of concentrations of adult
entertainment businesses while assuring the full enjoyment of all the constitutionally guaranteed
rights of the general public.
(a) Location of Adult Entertainment Businesses.
(1) Adult Entertainment Businesses as defined in subsection (c) below are
prohibited within the area circumscribed by a circle which has a radius of five hundred (500) feet
from the following specified uses or zones:
(i) Any zone in which residential use is listed as a principal use.
(ii) Any public or private school.
(iii) Any day care facility as defined in BMC 20.42.020.
(iv) Any worship, religious, or church facility as defined in BMC
20.42.020.
(v) Any public park.
(vi) Any community or neighborhood center as defined in BMC
20.42.020.
(vii) Any public library.
(2) The distances provided in this section shall be measured by following a
straight line, without regard to intervening buildings, from the nearest point of the property or
parcel upon which the proposed use is to be located, to the nearest point of the parcel of property
or the land use district boundary line from which the proposed land is to be separated.
(3) Violation of the use provisions of this section is declared to be a public
nuisance per se, which shall be abated by the City attorney as authorized under state law or City
Code.
(4) Nothing in this section is intended to authorize, legalize, or permit the
establishment, operation, or maintenance of any business, building, or use which violates any
City Code or statute of the state regarding public nuisances, sexual conduct, lewdness, or
obscene or harmful matter or the exhibition or public display thereof.
(b) Development Standards. Adult Entertainment Businesses are subject to the
development standards of the underlying zone.
(c) Definitions.
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Zoning Code
- ~-----
(1) Adult Entertainment means any dance, amusement, show, display,
merchandise, material, exhibition, pantomime, modeling, or any other like performance of any
type, for the use or benefit of a member or members of the public or advertised for the use or
benefit of a member of the public where such is characterized by an emphasis on the depiction,
description, or simulation of "specified anatomical areas," defined in this chapter, or the
exhibition of" specified sexual activities," also defined in this chapter, or the case of live adult
entertainment performances, which emphasizes and seeks to arouse or excite the patron's sexual
desires. Any patron of an adult entertainment business, as defined in this Section shall be
deemed a member of the public.
(2) Adult Entertainment Business means any establishment providing adult
entertainment as defined in this Section including, but not limited to, adult arcade, adult retail
establishment, adult motion picture theater, and exotic dance studio, more specifically defined
herein.
(3) Adult Arcade means a commercial establishment where, for any form of
consideration, one (1) or more still or motion picture projectors, slide projectors, computer-
generated or enhanced pornography, panoramic peep show, or similar machines, or other image
producing machines, for personal viewing, are used to show films, motion pictures, video
cassettes, slides or other photographic reproductions which provide material for individual
viewing by patrons on the premises of the business which are characterized by an emphasis on
the depiction, description or simulation of "specified anatomical areas" or "specified sexual
activities. "
(4) Adult Motion Picture Theater means a commercial establishment where
films, motion pictures, video cassettes, slides, or similar photographic reproductions
characterized by an emphasis on the depiction, description, or simulation of "specified
anatomical areas" or "specified sexual activities" are regularly shown for any form of
consideration.
(5) Adult Retail Establishment means any bookstore, adult novelty store, adult
video store, or other similar commercial establishment, business service, or portion thereof,
which, for money or any other form of consideration, provides as a significant or substantial
portion of its stock-in-trade the sale, exchange, rent, loan, trade, transfer, and/or provision for
viewing or use off the premises of adult entertainment material defined in this chapter. For
purposes ofthis provision, it shall be a rebuttable presumption that thirty (30) percent or more of
a business' stock-in-trade in adult retail material, based on either the dollar value (wholesale or
retail) or the number of titles of such material, is significant or substantial. In determining
whether or not the presumption is rebutted, the Director may consider the following factors,
which are not inclusive:
(i) Whether minors are prohibited from access to the premises of the
establishment due to the adult entertainment nature of the inventory;
(ii) Whether the establishment is advertised, marketed, or held out to
be an adult merchandising facility;
(iii) Whether adult entertainment material is an establishment's primary
or one of its principal business purposes; or
(iv) Whether thirty (30) percent or more of an establishment's revenue
is derived from adult entertainment material.
An establishment may have other principal business purposes that do not involve the
offering for sale or rental of adult entertainment materials and still be categorized as an adult
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Zoning Code
retail establishment.. Such other business purposes will not serve to exempt such establishments
from being categorized as an adult retail establishment so long as one (1) of its principal business
purposes is offering for sale or rental, for some form of consideration, the specified adult
entertainment materials. The Director shall have full discretion to give appropriate weight to the
factors set forth above as well as other factors considered depending on the particular facts and
circumstances of each application.
(6) Exotic Dance Studio, also know as "erotic dance studio," "topless bar" and
"adult cabaret," means a nightclub, bar, restaurant, or similar commercial establishment, or any
premises or facility to which any member of the public is invited or admitted and where an
entertainer provides live performances to any member of the public, which performances are
characterized by an emphasis on the depiction, description, or simulation of "specified
anatomical areas" or "specified sexual activities" or which emphasize and seek to arouse or
excite the patron's sexual desires.
(7) Adult Entertainment Material means any books, magazines, cards,
pictures, periodicals or other printed matter, or photographs, films, motion pictures, video tapes,
slides, or other photographic reproductions, or visual representations, CD roms, DVDs, disks,
electronic media, or other such media, or instruments, devices, equipment, paraphernalia, toys,
novelties, games, clothing or other merchandise or material, which are characterized by an
emphasis on the depiction, description or simulation of "specified anatomical areas" or "specified
sexual activities."
(8) Specified Anatomical Areas means:
(i) Less than completely and opaquely covered human genitals, pubic
region, buttocks, anus, or female breast below a point immediately above the top of the areola; or
(ii) Human male genitals in a discernibly turgid state, even if
completely and opaquely covered.
(9) Specified Sexual Activities means:
(i) The caressing, touching, fondling or other intentional or erotic
touching of male genitals, female genitals, pubic region, buttocks, anus, or female breasts of
oneself or of one person by another; or
(ii) Sex acts, normal or perverted, actual or simulated, including
masturbation, intercourse, oral copulation, flagellation, sodomy, bestiality, or any sexual acts
which are prohibited by law; or
(iii) Human genitals in a state of sexual stimulation, arousal, or
tumescence or visual state of sexual stimulation, arousal or tumescence, even if completely and
opaquely covered; or
(iv) Excretory functions as part of or in connection with any of the
activities set forth in subsection (i) through (iii) of this section.
20.46.110 ADULT ENTERT AINl\IENT PROVISIONS
This section regulates the location and spacing of adult businesses. The purpose of these
regulations is to reduce conflicts betvv'een adult businesses and certain uses. The intent is to
protect the City from the blighting impacts of concentrations of adult businesses v/hile assuring
the full enjoyment of all the constitutionally guaranteed rights of the general public.
(a)}..dult businesses shall be permitted only in the CeDersl BusiDess SDd Busmess Care
commercial zoning districts.
(b)A Special Use Permit is required subject to the follovv'ing criteria:
(I)Not adjacent to a residential zone.
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Zoning Code
---------
(2)Prohibited within fh'e hundred (500) feet of any parcel of real property on
which is located any of the follo':ling facilities:
(i)A school primarily attended by minors; or
(ii).^.. ehuroo v:hieh eonducts religious education classes for minors; or
(iii)A public park, public beach, or public recreation facility frequented by
minors; or,
(i'I).^Jl athletic or recreational center 'yvhich caters to or is attended in
substantial part by minors; or,
(v)Vidco game establishments; or,
(',i)Convenience markets; or,
(vii)Dovmtown Shoreline District cast of"\Vashington Street between 1st
Street and 6th Street.
(3)No new or relocated adult business shall locate within five hundred (500) feet
of any other adult business.
(c)8tandards ofMeasurcment: Distances shall be measured in a straight line, '::ithout
regard to intcrvCfling structures from the closest point of lot, parcel, or tract on which a structure
is occupied or is proposed for oce'Upancy by an adult business to the nearest portion of a lot,
parcel, or tract which a use, facility, or strucMe, or the closest portion of a structure containing
another adult bl:lsiness.
20.46.120 OUTDOOR STORAGE AREAS
All uses that include outdoor storage areas and all refuse containers shall, in addition to
any underlying zoning requirements, meet the following criteria.
(a) It shall be surrounded by a six- (6) foot high solid wall or sight-obscuring fence.
The wall or fence shall be considered a structure and shall conform to the setbacks of the
underlying zone.
(b) Outdoor storage of materials shall not exceed six- (6) feet in height when visible
from a public right-of-way.
(c) Outdoor storage yards shall meet landscaping requirements for non-residential
uses.
20.46.130 OUTDOORS LAND USES
In addition to other applicable development requirements, outdoor oriented land uses
such as sales lots, impound lots, outdoor storage yards, and similar activities shall have all
parking and storage areas developed with a paved surface, which is durable, and able to
withstand all weather conditions.
SECTION 5. Chapter 20.60 ofthe Bremerton Municipal Code entitled "Low
Density Residential (R-I0)" is hereby created to read as follows:
CHAPTER 20.60
LOW DENSITY RESIDENTIAL (R-I0)
20.60.010 INTENT
The intent of the Low Density Residential zoning district is to accommodate single-
family housing by infilling at a range of lot sizes consistent with urban growth patterns. Some
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Zoning Code
attached single-family housing may be appropriate when responding to sensitive areas.
Residential development at higher densities is encouraged at the edge of designated centers and
corridors, and within planned developments of 10 acres or larger.
20.60.020 SINGLE USE PER LOT
Only one principal use shall be allowed on each residentially zoned lot unless allowed for
otherwise as provided by law. This limitation shall not include permitted accessory uses
associated with a permitted principal use.
20.60.030 PERMITTED USES
The following uses are permitted outright:
(a) Single-unit Dwelling Unit - Detached;
(b) Single-unit Dwelling Unit - Attached (Zero Lot Lines) per BMC 20.60.070(b);
(c) Manufactured Home per BMC 20.46.040;
(d) F oster Home;
(e) Day Care Facility (12 or fewer persons receiving care);
(f) Group Residential Home;
(g) Private Schools (K - 12) (12 or fewer students);
(h) Religious Worship & Related Facilities (20,000 square feet or less);
(i) Parks and playgrounds equal or less than 0.5 acres (21,780 square feet);
(j) Cemetery;
(k) Underground water, sewer, storm water and utility facilities;
(1) Co-location of wireless communication per BMC 21.02.335;
20.60.040 ACCESSORY USES
The following accessory uses may be permitted when found in connection with a
principal use.
(a) Attached or detached Accessory Dwelling Unit per BMC 20.46.010;
(b) Detached garage, carport, and parking facilities for the residents of the property;
(c) Playhouses, patios, cabanas, porches, gazebos, swimming pools and incidental
household storage buildings;
(d) Home Occupation per BMC 20.46.030;
(e) Other necessary and customary uses determined by the Director to be appropriate,
incidental and subordinate.
20.60.050 CONDITIONAL USES
A Conditional (Special) Use Permit, which is approved pursuant to BMC Section
21.02.905, may permit the following uses subject to meeting the corresponding conditions.
(a) Bed & Brealifast provided:
(1) The individual or family who operates the facility must also occupy the
house as their primary residence;
(2) No more than one (1) Full Time Equivalent (FTE) person employed by the
bed and breakfast residence who is not a resident of the dwelling;
(3) The facility is limited to a maximum of six (6) bedrooms available for rent
to guests. All guest rooms shall be contained within the principal structure;
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Zoning Code
(4) Two (2) off-street parking spaces, plus one (1) space per each bedroom
made available to guests, is required.
(5) The Director may reduce the number of required off-street parking spaces
provided the applicant can demonstrate that parking will not spill over into the neighborhood.
(6) No guest shall stay for more than fourteen (14) days within any thirty (30)
day period;
(7) The facility shall not be used for commercial receptions, parties, or other
public gatherings, or for the serving of meals to non-resident guests for compensation;
(8) The residential structures may be remodeled for the purpose of ~ Bed &
Breakfast provided the design changes remain residential in nature and the structure is not altered
in such a manner that would prevent the structure from being used as a residence in the future;
(9) The Director may allow one sign up to eight (8) square feet to advertise
the Bed & Breakfast provided the sign is designed to match the architectural features of the
primary residential structure.
(b) Group Residential Facilities Class I provided:
(1) All state licensing requirements are satisfied;
(2) Located on a collector or higher street;
(3) Minimum setbacks, height and lot coverage of the underlying zone shall
apply;
(4) Off-street parking shall be at a minimum of one (1) space per each
employee during the peak shift plus one (1) space per two (2) residents the facility will provide
service to;
(5) If counseling services are provided to non-residents, additional parking
spaces are required at one (1) per 300 gross floor area used for counseling services;
(6) The Director may reduce the number of required off-street parking spaces
provided the applicant can demonstrate that parking will not spill over into the neighborhood;
(7) Landscaping meeting the minimum requirements for non-residential uses
set forth in BMC Chapter 21.02.700 through 21.02.760. Additional landscaping may be required
if the Director deems it necessary to buffer any impacts to adjoining residential properties;
(c) Senior Housing Complex provided the conditions set forth in BMC Section
20.46.090 are satisfied.
(d) Nursing/ Convalescent Homes provided:
(1) All state licensing requirements are satisfied;
(2) Located on a collector or higher street;
(3) Minimum site area shall be no less than one (1) acre;
(4) Minimum setbacks, height and lot coverage of the underlying zone shall
apply;
(5) Off-street parking shall be a minimum of one (1) space per 600 square feet
of gross floor areas. The Director may reduce off-street parking space requirements provided the
applicant can demonstrate that parking will not spill over into the neighborhood.
(6) Landscaping meeting the minimum requirements for non-residential uses
set forth in BMC Chapters 21.02.700 through 21.02.760. Additional landscaping may be
required if the Director deems it necessary to buffer any impacts to adjoining residential
properties.
(e) Day Care Facilities (13 or more persons receiving care) provided:
(1) All state licensing requirements are satisfied;
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- - ----- ------------ -----
(2) Located on a collector or higher street;
(3) Off-street parking shall be a minimum one (1) space per each 5 children
based on the state license maximum occupancy load. All resulting fractions in determining
parking spaces shall be rounded up to the next whole number;
(4) One loading/ unloading space without back up is required for the first 20
children and one additional space for up to each additional 20 children;
(5) The Director can reduce off-street parking and/ or loading! unloading
spaces provided the applicant can demonstrate that parking will not spill over into the
neighborhood;
(6) Landscaping meeting the minimum requirements for non-residential uses
set forth in BMC Chapters 21.02.700 through 21.02.760. Additional landscaping may be
required ifthe Director deems it necessary to buffer any impacts to adjoining residential
properties;
(7) The Director may approve increasing the maximum height of a fence/ wall
to 6 feet provided it enhance safety and security around the outdoor play area.
(f) Adaptive Reuse of Public and Semi-Public Buildings are allowed pursuant to the
conditions set forth in BMC Section 20.46.070.
(g) Manufactured:. Home Park or Expansion of Existing Parks provided:
(1) It is exempt pursuant to RCW 58.17.040 from requirements for property
segregation.
(2) The minimum site size shall be five (5) acres.
(3) Density shall meet the underlying zone.
(4) Adequate water, sewer, and utility services are available to all building
sites.
(5) A fire protection system meeting the requirements of the City fire
Marshall is provided.
(6) Interior circulation shall meet the City road standards plus the following
standards:
(i) All interior circulation routes shall be constructed within a tract or
easement;
(ii) Roads and driveways shall be paved with an all weather surface.
Gravel roads and driveways are not allowed;
(iii) The City fire Marshall shall approve all fire turnarounds.
(7) The following setbacks shall apply to manufactured homes or mobile
homes, together with their additions and appurtenant structures, accessory structures, and other
structures on the site (excluding fences), excluding any hitch or towing fixture:
(i) From interior roads: 15 feet from centerline of tract or easement,
but in no case not less than five feet from the paved surfaced edge;
(ii) Structures near the perimeter lot lines of the property shall comply
with the setbacks of the underlying zone;
(iii) A minimum of ten- (10) foot separation between all manufactured
homes.
(8) Off-street parking spaces shall be provided in the following manner:
(i) One (1) parking space per home site; plus
(ii) One (1) parking space for each five home sites for guest parking;
plus
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Zoning Code
(iii) Additional parking spaces to provide for the parking needs of
offices, community buildings, recreational facilities, or other uses within the park that may be
used by park residents or others.
(9) Outside storage of vessels (boats), household items and equipment is
prohibited, except a common central storage area may be provided for residents of the park. The
storage area shall be screened by a minimum 5-foot high by 5-foot wide sight-obscuring barrier
consisting of landscaping and fencing or wall, and shall meet minimum setbacks of the
underlying zone.
(10) Ten- (10) percent of the site shall be maintained as common recreational
open space for the use of residents. Recreational open space may include community areas and
facilities such as playgrounds, swimming pools, hobby and craft shops. It shall not include
required landscaping areas, perimeter setback areas, parking areas, storage areas, building
separation areas or other areas deemed impractical by the Director for the recreational enjoy of
the residents.
(11) Trees meeting the standards set forth in BMC Chapter 21.02.710 shall be
provided along all property lines abutting a residential zone or public street. One tree per each
twenty- five (25) lineal feet of property line is required. The Director may allow exceptions when
a property line abuts an alley or is obstructed by a building or other structure.
(12) Adequate lighting to illuminate streets, driveways, and walkways for the
safe movement of pedestrians and vehicles is required.
(13) All water, sewer, electrical, and communication service lines shall be
underground.
(h) Religious Worship & Related Facilities greater than 20,000 square/eet provided:
(1) Located on a collector or higher street;
(2) The minimum site area shall be no less than one (1) acre;
(3) Landscaping meeting the minimum requirements for non-residential uses
set forth in BMC Chapters 21.02.700 through 21.02.760. Additional landscaping may be
required if the Director deems it necessary to buffer any impacts to adjoining residential
properties.
(i) Golf Course. Site plan review pursuant to BMC Section 21.02.930 is required.
The purpose of the Conditional Use Permit is to allow modifications to parking, landscaping, and
other development requirements necessary to mitigate impacts and ensure compatibility with the
surrounding neighborhood. Golf Courses shall have access provided from an arterial street or
highway.
(j) Schools, Parks and Associated Facilities: The following schools, parks and
associated facilities may be allowed by a Conditional Use Permit provided the proposal meets
the Criteria for Approval:
. All public schools and associated gymnasium and auditorium:
. Private schools (K-12) with 13 or more students;
. parks and playgrounds greater than 0.5 acres;
. Outdoor Athletic Fields; Boat Launching and related facilities
. Maintenance & Service Yards
. Bus and other vehicle and equipment maintenance and storage facilities
. Administrative office related to the facilities if greater than 2,000 square feet
. Buildings and Structures for nonprofit groups on public lands;
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Zoning Code
Criteria for Approval:
(1) Front, side and rear yard setbacks shall be increased to at least 30 feet.
Setbacks may be reduced for structures located near interior streets.
(2) Landscaping meeting the minimum requirements for non-residential uses
set forth in BMC Chapter 21.02.700 through 21.02.760. Additional landscaping may be required
if the Director deems it necessary to buffer any impacts to adjoining residential properties.
(3) Additional measures may be requirements if deemed necessary to mitigate
any noise impacts to adjacent residential uses.
The Director may approve increasing the maximum height of a fence/ wall to 6 feet
provided it enhance safety and security around the outdoor play area.
(k) Water, Sewer, Storm Water and Utility Facilities located above ground provided:
(1) Landscaping meeting the minimum requirements for non-residential uses
set forth in BMC Chapter 21.02.700 through 21.02.760. Additional landscaping may be required
if the Director deems it necessary to buffer any impacts to adjoining residential properties.
(2) The Director may approve modifications to the maximum height of fence/
wall that will provide screening from adjacent uses and enhance safety and security around the
facility.
(3) Exceptions to setbacks may be allowed where the applicant can
demonstrate that a public interest is provided.
(1) Law Enforcement and Fire Facilities provided:
(1) Landscaping meeting the minimum requirements for non-residential uses
set forth in BMC Chapter 21.02.700 through 21.02.760. Additional landscaping may be required
if the Director deems it necessary to buffer any impacts to adjoining residential properties.
(2) The Director may approve modifications to the maximum height of fence/
wall that will provide screening from adj acent uses and enhance safety and security around the
facility.
20.60.060 PROHIBITED USES
Uses other than those identified under this chapter, unless specifically allowed otherwise,
are prohibited.
20.60.070 DEVELOPMENT STANDARDS
(a) Lot development requirements shall be in accordance with the following
standards unless allowed for by law otherwise.
(1) Density.
(i) Maximum; 10 dwelling units per acre
(ii) Minimum 5 dwelling units per acre
(2) Setbacks.
(i) front yard setback. 15 feet
(ii) side yard setback. 5 feet
(iii) rear yard setback. 15 feet
(3) Lot area.
(i) Minimum. 4,300 square feet, except that within Planned Unit
Developments of ten acres and more and within the boundaries of a neighborhood or district
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Zoning Code
center as designated in the City of Bremerton Comprehensive Plan, minimum lot size is 3,000 I
square feet
(ii) Maximum 8,712 square feet
(4) Maximum height. 35 feet
(5) Maximum lot coverage. 60 percent
(b) Zero Lot Line (ZLL) development is allowed along side property lines for
attached single-family dwelling units and/ or detached garages provided the opposite side yard
setback is at least 10 feet. Zero Lot Line development along a rear property line is allowed for
attached single-family dwelling units.
(c) The following standards shall apply to attached garages and detached accessory
structures.
(1) The maximum garage/carport (attached or detached) area shall be 500
square feet of gross floor area plus 10 percent of gross floor area of a principal residential use,
but not to exceed 1,000 square feet, provided that the size of anyone garage/carport structure
may be up to 2,000 square feet of gross floor area if the setback from all property lines is
increased 10 feet over the standard requirement for every 100 square feet of area over 1 ,000
square feet.
(2) Maximum area of all accessory structures, including attached and
detached garages, carports, barns, covered patios, cabanas, gazebos, and incidental household
storage buildings, excluding accessory dwelling units per BMC 20.46.010,50 percent of the
gross floor area of the principal use or 500 square feet, whichever is greater, subject to maximum
lot coverage standards.
(3) Maximum height of detached accessory structures (including garages).
Not to exceed the height of the principal structure
(4) Setback of detached accessory structures. Per 20.44.060 BMC
(d) When the garage vehicle door entrance faces the street, it shall have a front yard
setback of at least 20 feet, except as provided in BMC 20.44.020 (Traditional Front Yard
Setbacks).
(e) Parks and schools may exceed maximum lot area requirements if approved
through a Conditional Use Permit.
20.60.080 OFF-STREET PARKING REQUIREMENTS
Off-street parking shall be provided in accordance with Chapter 21.02.670.
20.60.090 LANDSCAPING REQUIREMENTS
Detached single-family and attached-single family dwellings are exempt from
landscaping requirements. All other use shall comply with the landscaping requirements set
forth in BMC Chapters 21.02.700 through 21.02.760..
SECTION 6. Chapter 20.62 of the Bremerton Municipal Code entitled
"Commercial Corridor (CC)" is hereby created to read as follows:
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Zoning Code
Chapter 20.62
COMMERCIAL CORRIDOR (CC)
20.62.010 INTENT
The intent of the Commercial Corridor district is to provide locations for high intensity
commercial uses serving the entire community while preserving maritime views, forested areas,
and buffering impacts to adjacent residential areas. The corridor accommodates access to
businesses by automobile while also creating a pedestrian friendly, transit supporting corridor.
20.62.020 PERMITTED USES
Permitted Uses include:
(a) Retail uses not exceeding 20,000 square feet in gross floor area. Uses include the
following and those uses as determined by section 20.62.040:
(1) general merchandise
(2) grocery
(3) apparel and accessories
(4) eating and drinking establishments, including drive-thru's.
(5) drug and proprietary
(b) Finance, insurance and real estate not exceeding 20,000 square feet in gross floor
area. Uses include the following and those uses as determined by section 20.62.040:
(1) finance depository institutions, non-depository institutions, holding
companies, other investment companies, brokers and dealers in securities and commodity
contracts and security and commodity exchanges;
(2) insurance, including carriers of all types of insurance and insurance agents
and brokers;
(3) real estate, including owners, leasers, lessees, buyers, sellers, agents and
developers of real estate.
(c) Services not exceeding 20,000 square feet in gross floor area. Uses include the
following and those uses as determined by section 20.62.040:
(1) personal services such as: laundry, photo studios, beauty shops, shoe
repair and funeral service;
(2) consulting services, including: advertising agencies, travel agencies,
commercial art and computer programming engineering, accounting, research, management and
related services.;
(3) repair services, such as; radio, computer and TV repair;
(4) educational services: establishments involved in academic and technical
instruction and libraries;
(5) senior center, neighborhood center, childcare and residential care;
(d) Hotels and lodging places;
(e) Medical uses not exceeding 20,000 square feet in gross floor area. Uses include
the following and those uses as determined by section 20.62.040:
(1) office and clinics of doctors, dentists, health practitioners, and
(2) veterinarian clinics, and
(3) medical laboratories;
(t) Physical fitness facilities and health clubs not exceeding 20,000 in gross floor
area;
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Zoning Code
--- ------------
(g) Video tape rental stores, excluding adult oriented businesses;
(h) Museums, art galleries and botanical and zoological gardens;
(i) Membership organizations such as elks lodges, masons, etc., not exceeding
20,000 in gross floor area;
(j) Non-motorized outdoor recreation facilities
(k) Public Uses, such as post office, satellite police stations and fire stations.
(1) Transportation facilities. Uses include the following and those uses as determined
by section 20.62.040:
(1) bus terminals,
(2) taxi cab services,
(3) tour operators,
(4) other transportation services.
(m) Secondary residential uses. Secondary residential uses as defined in chapter 20.42
are permitted with a maximum density of ten units per acre.
(n) Automobile related uses, not exceeding 20,000 square feet in gross floor area,
excluding outdoor display areas for the sale of car, boat, RV and similar. Uses include the
following and those uses as determined by section 20.62.040:
(1) automobile parts store
(2) automobile services such as repair, detailing.
(0) Underground water, sewer, storm water and utility facilities;
(P) Co-location of wireless communication per BMC 21.02.335;
20.62.030 CONDITIONAL USES.
Uses in the following categories may be permitted through a Conditional (Special) Use
Permit pursuant to chapter 21.02.905 BMC.
(a) Hardware Stores, provided:
(1) store includes less than 20,000 square feet of gross of floor space,
(2) Storage and product display shall be entirely inside an enclosed, roofed
structure,
(b) Building material and garden supply, provided:
(1) Store is less than 20,000 gross square feet of floor space,
(2) No loading areas shall be located in a front yard or side yard facing
residential uses.
(3) Outside storage is limited to 5,000 gross square feet or less oflive plant
materials,
(4) Lumber, masonry materials and any other non-living product shall be
stored and displayed entirely inside an enclosed structure, and
(5) The use will not generate noise, odor, or vibrations impacts greater than
those usually generated by uses permitted outright in the zone.
(c) Home furnishings and equipment, provided:
(1) store is limited to 20,000 gross square feet of floor space,
(2) No loading areas shall be located in a front yard or side yard facing
residential uses.
(d) Gas stations and car washes, provided
42
Zoning Code
(1) No more than two points of ingress/egress are allowed per street frontage.
Ingress/egress points shall be separated laterally along the property frontage(s) to the maximum
possible while meeting all other street standards and City requirements.
(2) Buffering is provided pursuant section(s) 21.02.700(a)(i)(A) and (B)
BMC, except that required berms, and/or trees in combination shall provide total visual
screening to a height of 5 feet shall not be less than 10 feet in height two inch caliper, measured
4 feet above ground, at time of planting and/or construction.
20.62.040 SIMILAR USE DETERMINATION
(a) Any proposed land use that is NOT listed in sections 20.62.020 or 20.62.030 above
may be pennitted if, in the opinion of the Director, it is a use similar to a listed use.
(b) In such cases, and applicant may request that the Director make a determination of
similar use. Such determination or denial of such, shall be made by the Director in writing.
(c) In making a determination of similar use, the Director shall consider scale, visual
impacts, traffic generation, relationship to surroundings, and any other factors which, in the opinion of
the director, influence and/or define the nature ofthe proposed use.
(d) If the Director finds that the proposed use is similar to a listed use, the use shall be
subject to all standards, requirements and permitting processes to which the listed use is subject.
20.62.050 PROHIBITED USES
Uses other than those identified or described in Sections 20.62.020 and 20.62.030 of this
chapter are prohibited except as may be allowed per section 20.62.040.
20.62.060 DEVELOPMENT STANDARDS
(a) More than one pennitted principal use and accessory uses are allowed per each
lot.
(b) Lot development shall be in accordance with the following standards, unless
allowed for otherwise by law.
(1) Maximum front yard setback. 5 feet
(2) Minimum side yard setback. None; except as follows;
(i) Residential uses from RIO zone. 10 feet
(ii) Non-residential uses from RIO zone. 60 feet
(3) Minimum rear yard setback. None; except as follows;
(i) Residential uses from RIO zone. 10 feet
(ii) Non-residential uses from RIO zone. 60 feet
(4) Maximum lot coverage. 50 percent unless increased per section
20.62.060(c). In no case shall maximum lot coverage exceed 75 percent
(5) Maximum impervious surface area of all development on site. 75 percent
unless increased per section 20.62.060(c). In no case shall maximum lot coverage exceed 95
percent
(6) Maximum height. 45 feet, except that structures within 100 feet ofthe RIO
zone shall not exceed 35 feet in height.
(c) A development that provides the following may have its maximum lot coverage
and impervious surface area increased by adding bonus percentages to the maximum base area
percentage provided the total does not exceed the maximum allowed above.
(1) Commercial/ Residential Mixed-Use Development: 20 percent bonus;
43
Zoning Code
(2) Development containing 75 percent of the building footprint with three
and four story buildings: 10 percent bonus;
(3) Ten (10) percent bonus if a sidewalk 10 feet in width or greater is installed
extending to the front of the building and continuing along the entire arterial frontage of the
parcel.
(4) Pedestrian through-corridor that provides pedestrian access to a location
approved by the Director: 5 percent bonus.
(5) Fifty (50) percent of off-street parking is provided underground or within
a building designed for occupancy: 20 percent bonus.
20.62.070 DESIGN STANDARDS
The following design standards shall be applied to all new development or significant
redevelopment of a site. When development involves the remodel or expansion of existing
structures, the Director may modify these requirements to reasonably fit the scope and scale of
the remodel or expansion.
(a) Bulk Reduction: At least 2 of the following criteria shall be used to reduce the
appearance of mass and bulk of the fayade of all buildings facing public streets.
(1) Upper floor setbacks of not more than 10 feet provided the setbacks are
not applied to more than 25 percent of building fayades facing a public street.
(2) One or more of the following techniques:
(i) recessing the entrance area at least 3 ft.
(ii) an entrance area that protrudes at least 3 feet.
(iii) a canopy, portico or overhang extending at least 5 feet over the
sidewalk in the entrance area
(3) Buildings with at least 5-foot overhangs, awnings, canopies or arcades
elevated between 8 and 12 feet above the sidewalk.
(4) Window fenestration. Windows shall occupy at least 50% of the ground
floor facade measured to 10 feet above the sidewalk or finished grade.
(b) Sight-obscuring landscape buffering shall be provided along property lines
adjacent to CC and R-10 zones pursuant to the standards set forth in BMC Chapter
21.02.700(a)(1)(i)(A) or (B).
(c) Outdoor storage of all materials shall be prohibited except for nurseries, which
shall provide screening pursuant to 21.02. 700(a)(1 )(i)(A) or (B) BMC.
(d) Refuse containers
(1) Refuse container screening shall be required and be of a material and
design compatible with the overall architectural theme of the associated structure, shall be at
least as high as the refuse container, and shall in no case be less than six feet high;
(2) No refuse container shall be permanently stored between a street and the
front of a building;
(3) Refuse. collection areas shall be designed to contain all refuse generated on
site and deposited between collections. Deposited refuse shall not be visible from outside the
refuse enclosure.
(e) Signage: Signs shall meet the requirements set forth in BMC 21.02.330, except all
free standing signs shall be limited to monument styles not more than 8 feet maximum height
and not exceeding 60 square feet in sign area. Monument signs shall be defined as a sign placed
44
Zoning Code
on a base of solid appearance equal to the width of the sign with no free space or other visual gap
between the base and sign face.
20.62.080 PARKING
On-site parking shall be provided in accordance with Sections 21.02.580, 21.02.590,
21.02.600,21.02.610,21.02.620,21.02.630, 21.02.640, 21.02.650, 21.02.670, and 21.02.680 of
this title, except that on-site parking shall be to the rear or to the side of buildings on the site and
shall not occupy more than 50% of the site frontage facing the arterial street. Parking shall not be
placed on street comers. Access to parking may be from adjacent non-arterial streets, or from
driveways off of the arterial. Driveways providing access to parking area shall be well marked.
20.62.090 LANDSCAPING
The landscaping requirements set forth in Chapters 21.02.690 through 740 BMC, or as
otherwise modified in this chapter, shall be satisfied.
SECTION 7. Chapter 20.64 of the Bremerton Municipal Code entitled "Wheaton
Way Redevelopment Corridor (WWRC)" is hereby created to read as follows:
Chapter 20.64
WHEATON WAY REDEVELOPMENT CORRIDOR (WWRC)
20.64.010 INTENT.
The intent of the Wheaton Way Redevelopment Corridor zone is to provide for the
transition over time of the corridor away from suburban style strip commercial development.
The WWRC zone seeks to create a mixed-use, high density, corridor that will enable a full range
of commercial uses oriented closer to the street, and medium to high density residential uses
above or on portions oflarger sites away from the street frontage. The zone seeks to balance the
needs of automobile oriented businesses with a desire to incorporate a more pedestrian oriented
design approach. Introduction of residential use within the corridor is intended, in part, to
support high levels of transit usage within the corridor. In addition, the WWRC zone seeks to
provide adequate transitions to less intense adjacent zone districts.
20.64.020 PERMITTED USES.
Permitted Uses include:
(a) Retail uses. Uses include the following and those uses as determined by section
20.64.040:
(1) general merchandise, such as furniture, appliances, and sporting goods
(2) grocery
(3) apparel and accessories
(4) eating and drinking establishments, including drive-thru's.
(5) drug and proprietary
(b) Finance, insurance and real estate. Uses include the following and those uses as
determined by section 20.64.040:
(1) finance depository institutions, non-depository institutions, holding
companies, other investment companies, brokers and dealers in securities and commodity
contracts and security and commodity exchanges;
45
Zoning Code
(2) insun.l1lce, including carriers of all types of insurance and insurance
agents and brokers;
(3) real estate, including owners, leasers, lessees, buyers, sellers, agents and
developers of real estate.
(c) Services. Uses include the following and those uses as determined by section
20.64.040:
(1) personal services: laundry, photo studios, beauty shops, shoe repair and
funeral service;
(2) consulting services, including: advertising agencies, travel agencies,
commercial art and computer programming engineering, accounting, research, management and
related services;
(3) repair services: radio and TV repair;
(4) educational services: establishments involved in academic and technical
instruction and libraries;
(5) social services: senior center, neighborhood center, childcare and
residential care;
(d) Hotels and lodging places;
(e) Medical uses including, but not limited to, the following:
(1) office and clinics of doctors, dentists, health practitioners,
(2) veterinarian clinics, and
(3) medical laboratories;
(f) Physical fitness facilities and health clubs;
(g) Video tape rental stores, excluding adult oriented businesses;
(h) Museums, art galleries and botanical and zoological gardens;
(i) Membership organizations such as elks lodges, masons, etc.;
(j) Parks, playgrounds, outdoor recreation facilities
(k) Public Administration Uses, such as post office, satellite police stations and fire
stations.
(1) Transportation activities. Uses include the following and those uses as
determined by section 20.64.040:
(1) bus terminals,
(2) taxi cab services,
(3) tour operators,
(4) other transportation services.
(m) Residential uses. All residential uses are permitted with a maximum density of
twelve units per acre.
(1) Residential uses shall be placed only on upper floors of mixed use
structures in which ground floors are occupied with non-residential uses, except that on sites in
single ownership larger than three acres, single use residential structures are permitted if
screened from major arterials by mixed use structures or structures containing other permitted
non-residential uses only. Such screening structures must not be less than thirty-five feet
(2) On sites in single ownership larger than three acres, residential density
may be increased to a maximum of 20 units per acre provided that;
(i) Site design provides for internal circulation connections for both
pedestrians and vehicles between all portions of the site, and
46
Zoning Code
(ii) landscaping and/or screening adjacent to a single-family zone
district shall be provided per section 21.02.700(a)(1)(A&B), and
(iii) a transit stop with shelter is provided at the arterial street frontage.
(n) Automobile related uses, excluding gas stations, including but not limited to the
following;
(1) automobile parts store
(2) automobile services such as repair, detailing, and similar
(0) Underground water, sewer, storm water and utility facilities;
(p) Co-location of wireless communication per BMC 21.02.335;
20.64.030 CONDITIONAL USES.
Uses in the following categories may be permitted through a Conditional (Special) Use
Permit pursuant to Chapter 21.02.905 BMC.
(a) Hardware Stores, provided:
(1) store includes less than 20,000 square feet of gross floor space,
(2) Outside storage shall be entirely inside an enclosed structure,
(b) Building material and garden supply, provided:
(1) Store is less than 20,000 square feet of gross floor space,
(2) No loading areas shall be located in a front yard or side yard facing
residential uses.
(3) Outside storage is limited to 5,000 gross square feet or less oflive plant
materials,
(4) Lumber, masonry materials and any other non-living product shall be
stored and displayed entirely inside an enclosed, roofed structure, and
(5) The use will not generate noise, odor, or vibrations impacts greater than
those usually generated by uses permitted outright in the zone.
(c) Home furnishings and equipment, provided:
(1) store is limited to 20,000 gross square feet of floor space,
(2) No loading areas shall be located in a front yard or side yard facing
residential uses.
(d) Gas stations and carwashes, provided
(1) No more than two points of ingress/egress allowed per street frontage.
Ingress/egress points shall be separated laterally along the property frontage(s) to the maximum
possible while meeting all other street standards and City requirements.
(2) buffering is provided pursuant to section(s) 21.02.700(a)(i)(A) and (B)
BMC, except that required berms, and/or trees in combination shall provide total visual
screening to a height of 5 feet shall not be less than 10 feet in height two inch caliper, measured
4 feet above ground, at time of planting and/or construction.
20.64.040 SIMILAR USE DETERMINATION
(a) Any proposed land use that is NOT listed in sections 20.64.020 or 20.64.030 above
may be permitted if, in the opinion of the Director, it is a use similar to a listed use.
(b) In such cases, and appHcant may request that the Director make a determination of
similar use. Such determination or denial of such, shall be made by the Director in writing.
47
Zoning Code
(c) In making a determination of similar use, the Director shall consider scale, visual
impacts, traffic generation, relationship to surroundings, and any other factors which, in the opinion of
the Director, influence and/or define the nature of the proposed use.
(d) If the Director finds that the proposed use is similar to a listed use, the use shall be
subject to all standards, requirements and permitting processes to which the listed use is subject.
20.64.050 PROHIBITED USES.
Uses other than those identified or described in Sections 20.64.020 and 2002.64.030 of
this chapter are prohibited except as may be allowed per section 20.64.040.
20.64.060 DIMENSIONAL STANDARDS.
(a) More than one permitted principal use and accessory uses are allowed per each
lot.
(b) Lot development shall be in accordance with the following standards, unless
allowed for otherwise by law.
(1) Maximum front yard setback. 5 feet except that front yard setback may be
increased if the Director finds that such increase is necessary to accommodate pedestrian features
per section 20.64.070 or equivalent.
(2) Minimum side yard setback. None from non residential zones, 30 ft from
the RIO zone
(3) Minimum rear yard setback. None from non residential zones, 30 ft from
the RIO zone
(4) Maximum lot coverage. 50 percent unless increased per section
20.64.060(c). In no case shall maximum lot coverage exceed 75 percent
(5) MaximUIl'l impervious surface area of all development on site. 75 percent
unless increased per section 20.64.060(c). In no case shall maximum lot coverage exceed 95
percent
(6) Maximum height. 40 feet, except that structures within 100 feet of the RIO
zone shall not exceed 35 feet in height.
(c) A development that provides the following may have its maximum lot coverage
and impervious surface area increased by adding bonus percentages to the maximum base area
percentage provided the total does not exceed the maximum allowed above.
(1) Commerciall Residential Mixed-Use Development: 20 percent bonus;
(2) Development containing 75 percent of the building footprint with three
and four story buildings: 10 percent bonus;
(3) Ten (10) percent bonus if a sidewalk 10 feet in width or greater is installed
extending to the front of the building and continuing along the entire arterial frontage of the
parcel.
(d) Projects providing a through-block corridor that facilitates pedestrian access in a
location approved by the city: five percent bonus.
(e) Projects providing at least fifty percent of their required parking underground or
within the building: twenty percent bonus.
20.64.070 DESIGN STANDARDS
The following design standards shall be applied to all new development or significant
redevelopment of a site. When development involves the remodel or expansion of existing
48
Zoning Code
structures, the Director may modifY these requirements to reasonably fit the scope and scale of
the remodel or expansion.
(a) Bulk Reduction: At least 2 of the following criteria shall be used to reduce the
appearance of mass and bulk of the fa<;ade of all buildings facing public streets.
(1) Upper floor setbacks of not more than 10 feet provided the setbacks are
not applied to more than 25 percent of building fa<;ades facing a public street.
(2) One or more ofthe following techniques:
(i) recessing the entrance area at least 3 ft.
(ii) an entrance area that protrudes at least 3 feet.
(iii) a canopy, portico or overhang extending at least 5 feet over the
sidewalk in the entrance area
(3) Buildings with at least 5-foot overhangs, awnings, canopies or arcades
elevated between 8 and 12 feet above the sidewalk.
(4) Window fenestration. Windows shall occupy at least 50% of the ground
floor facade measured to 10 feet above the sidewalk or finished grade.
(b) Sight-obscuring landscape buffering shall be provided along property lines
adjacent to CC and RR-10 zones pursuant to the standards set forth in BMC Chapter
21.02.700(a)(1)(i)(A) or (B).
(c) Outdoor storage of all materials shall be prohibited except for nurseries, which
shall provide screening pursuant to 21.02.700(a)(1)(i)(A) or (B) BMC.
(d) Refuse containers
(1) Refuse container screening shall be required and be of a material and
design compatible with the overall architectural theme of the associated structure, shall be at
least as high as the refuse container, and shall in no case be less than six feet high; )1
(2) No refuse container shall be permanently stored between a street and the
front of a building;
(3) Refuse collection areas shall be designed to contain all refuse generated on
site and deposited between collections. Deposited refuse shall not be visible from outside the f
refuse enclosure.
(e) Signage: Signs shall meet the requirements set forth in BMC 21.02.330, except all
free standing signs shall be limited to monument styles not more than 8 feet maximum height
and not exceeding 60 square feet in sign area. Monument signs shall be defined as a sign placed
on a base of solid appearance equal to the width of the sign with no free space or other visual gap
between the base and sign face.
20.64.080 PARKING.
On-:site parking shall be provided in accordance with Sections 21.02.580, 21.02.590,
21.02.600,21.02.610,21.02.620,21.02.630, 21.02.640, 21.02.650, 21.02.670, and 21.02.680 of
this title, except that on-site parking shall be to the rear or to the side of buildings on the site and
shall not occupy more than 40% of the site frontage facing the arterial street. Parking shall not be
placed on street comers. Access to parking may be from adjacent non-arterial streets, or from
driveways off of the arterial. Driveways providing access to parking area shall be well marked.
On street parking shall be allowed to help satisfY parking requirements provided paved
street widths provide adequate room pursuant to city standards for on-street parking.
20.64.090 LANDSCAPING.
49
Zoning Code
The landscaping requirements set forth in Chapters 21. 02.690 through 740 BMC, or as
otherwise modified in this chapter, shall be satisfied.
SECTION 8. Effective Date ofZonin~ Provisions. The provisions contained in
Sections I through 7 of this ordinance shall become effective upon the effective date of the
ordinance adopting the Official Zoning Map implementing the zoning classifications contained
in said Sections.
SECTION 9. Severability. If anyone or more sections, subsections, or
sentences of this ordinance are held to be unconstitutional or invalid, such decision shall not
affect the validity of the remaining portion of this ordinance and the same shall remain in full
force and effect.
SECTION 10. Effective Date. This ordinance shall take effect and be in force
ten (10) days from and after its passage, approval and publication as provided by law.
PASSED by the City Council the day of ,2005
DAREN NYGREN, Council President
Approved this day of ,2005
CARY BOZEMAN, Mayor
ATTEST: APPROVED AS TO FORM:
P AULA JOHNSTON, City Clerk ROGER A. LUBOVICH, City Attorney
PUBLISHED the day of ,2005
EFFECTIVE the day of ,2005
ORDINANCE NO.
R:\LEGAL\Ordinances\Community Development\2005 Zoning Code Amendment\Title 20-0rdinance-redline.doc
50
Zoning Code
DATE SUBMITTED: 3-16-05 BILL # 05-- o8;;L
AGENDA BILL
CITY OF BREMERTON ~A
CITY COUNCIL ............................................................................................
SUBJECT: Purchase & Sale Agreement Committee Meeting Date: 3-22-05
between the City ofBremerton and East Park COUNCIL MEETING Date: 3-30-05
LLC for the sale of East park Department: Economic Dev.
Presenter: Gary Sexton
Phone: 473-5282
SUMMARY: Staff is recommending that the City sell the property commonly known as Eastpark to
East Park LLC for the sum of $2,100,000.00. The terms are $925,000.00, including earnest money of
$5,000.00, to be paid by Purchaser at time of closing which is April 22, 2005. The purchase price
includes $250,000.00 to be applied to any off site storm sewer improvements, modifications or repairs
for water conveyance from the property to Puget Sound. The buyer is proposing to build
approximately 300 or more housing units including not less than 75 multifamily units and agrees that
build out of the project will occur within not more than four phases over a period not to exceed four
years from the receipt of fmal Plat and/or Planned Unit Development approval.
ATTACHMENTS: Purchase/Sale Agreement and Quit Claim Deed executed 12/4/02
FISCAL IMPACTS (Include Budgeted Amount): Pursuant to the Purchase & Sale Agreement and
the Quit Claim Deed Covenants, sales proceeds must used for 1) $250,000 for offsite storm sewer
improvements for Eastpark; 2) the purchase/development of property of equal value for use for public
health, public safety, education, affordable housing or public recreation.
APPROVALS:
DEPARTMENT DIRECTORr
CITY ATTORNEY: -. I
/
FINANCE DIRECTOR: /
MAYOR: /
FISCALIBUDGET: / tL,~C;: ~p ;
/
CONSENT AGENDA 0
OPERATIONS' /0'4'( ( .. ~ . "]U -j( .."ed-J
COUNCILP~SIDENT: --~ ~~
RECOMMENDED MOTION:
Move to approve the Real Estate Purchase and S~le Agreement with Earnest Money Provision
between the City of Bremerton and East Park LtC for the sale of Eastpark for the sum of
$2,100,000 and authorize the Mayor to execu't~ tlt~reement in substantially the same form as ~
prese~ted.o-rd~~ '!d'.e~ ,,~'fk ~ ,awt '=1 i
SVV~ S;O.Ol 1 ~ Cfo . ~
M~~J;<:J~~~oAj' ~ClA'I-fUf~ 1/?S;OOO.o.
~~NCIL ACTION: 0 Appr6ve 0 Deny 0 Table 0 Continue 0 No Action
63/23/2(:)65 11: qb l.:1btJQ 1;j~tbl:1 "........nf'l
I.......... U4
. .~A.C. ~ PS,-Inc.
.,
" Ap~rai58J · ConllulthJf~ · Envi..onmenUI Seuenhg
March 14,2005
Mr. Gary Se~t()n, Director
City of Bremerton Dept. of Economic Development
345 6U1 Street
Brem.erton, WA 98337
RE: REVISED APPRAISAL OF EAST PARK PROPERTY
Dear Mr. Sexton:
At your request, I have reviewed my analysis of the above property and have considered the new
information which was supplied to me by your office. I have concluded that the new data does have a
. significant impact upon the value conclusions which were disclosed in tbe original appraisal report
which was completed in April of 2004. I am now providing a new analysis which takes the new
development cost infonnation into consideration and have arrived at a revised and updated estimate of
the value of the subject property. As the date of valuation bas changed. a new site inspection was made.
A cursory review of the market was also done.
The review of the market revealed that an increase in value was appropri.ate as a result of market
appreciation since the original date of appraisal. The Sales Comparison Approach has been amended to
include an adj ustment for passage of time as well as an adjustment for excess development costs which
were disclosed in constnlction bids supplied by your office for consideration. These new adjustments
required changes to the Direct Sales Comparison method and also the Subdivision Development method
for valuation. The updated analysis including changes is provided. The new date of valuation is March
10, 2005, the date oflast visit to the property.
The results of the valuation approaches are as follows:
Market Approach (Direct Sales Comparison) S 1,801,000 I
!
(DEJVelopment Method) S 1,997,000
After careful consideration of the appropriate data, it is my opinion that the value of the fee simple
interest ~ the subject property is now:
ONE MILLION NINE HUNDRED FORTY EIGIIT THOUSAND DOLLARS
$1,948,{)OO
Rick D. Wells.lFAS
WA ST. CERr. GEN. APPR #1100344
1 r.o. Boll 3241, Silverdlle, Wul1inSton '830 (360) "2-5/181. 'a*, (36{)) 692-512' emsil scefnc:@.",n8.eom
133/22/213135 15:33 361339613854 EFANW OPERATIONS PAGE 131
. DEPARTMENT OF THE NAVY
ENGIN&ERING FIJ;:I..D ACTIVITY, NOR'TI-IWEST
:: NAVAL ..ACILITIES ENGINEERING COMMAND
18917 7TH AVENUE N.E.
POlJLSBO, WASHINGTON liI6370.'11570 11011
05LR\NWOO-060
Eastpark
MAR 2 1 2005
Gary Sexton
Director of Economic Development
City of Bremerton
232 Washington Avenue
Bremerton, WA 98337~5621
Dear Mr. Sexton:
This is in response to your March 15, 2005 letter regarding the City's planned sale of
the former TFA Eastpark site to East Park LLC. I have reviewed the FY2001
authorizing legislation and quitclaim deed restrictions concerning selling of Eastpark. I
concur with the proposed sale transaction with the understanding that all sale proceeds
be used for the public benefits stated in the legislation (public health, public safety,
education, affordable housing or public recreation). Please keep me informed of your
progress in the acquisition for the Harborside Pathway project so I report that the sale
proceeds were expended as planned.
Please contact me at (360) 396-0908 or email at mike.d.brady@navy.mil if you have
any questions.
Sincerely,
~~
Director~ Real Estate
.
REAL ESTATE PURCHASE AND SALE AGREEMENT
WITH EARNEST MONEY PROVISION
This contract controls the terms of the sale of real property.
This Agreement is entered between the CITY OF BREMERTON, a Washington municipal
corporation, whose mailing address is 345 6th Street, Bremerton, Washington 98337, ("Seller"),
and EAST PARK LLC, whose mailing address is 1601 114th Avenue S.E., Suite 100, Bellevue,
Washington 98004, ("Buyer"), for the sale and purchase of rea! property as follows:
1. PROPERTY. The property, including all improvements and appurtenances
situated thereon, which Buyer agrees to buy and Seller agrees to sell, is
commonly known as Eastpark, which Buyer agrees to buy and Seller agrees to
sell, (the "Property"), and which Property is legally described in Exhibit A,
attached hereto and incorporated herein by this reference. A map indicating the
location of the Property i.s also attached as Exhibit B, incorporated herein by this
reference.
2. EARNEST MONEY. Received from Buyer, Five Thousand and Noll 00 Dollars
($5,000.00) in the form of cash, as earnest money and part payment on the
purchase price of the following described real estate.
3. PURCHASE PRICE. The total purchase price for the Property is Two Million
One Hundred Thousand and Noll 00 Dollars ($2,100,000), including earnest
money. Nine Hundred Twenty Five Thousand Dollars ($925,000.00), including
earnest money shall be paid by Buyer to Seller at time of closing. The balance, in
the sum of One Million One Hundred Seventy-five Thousand Dollars
($1,175,000.00) shall be paid by Buyer within 10 days of receipt of final Plat
andlor Planned Unit Development approval including site engineering and public
utility requirements and approvals or one year from Closing, whichever is sooner.
Upon payment of the $925,000 Home Street Bank shall be entitled to a Deed of
Trust secured by the property in exchange for Home Street Bank setting aside the
necessary loan funds to pay the City in full upon final plat and/or PUD approval.
4. CONTINGENCIES. This agreement is contingent upon:
(a) Acceptance of its terms by the Bremerton City Council.
(b) Buyers review and approval of the title report on the property prior to
Closing.
(c) Should any of these contingencies not be met prior to closing, then this
Agreement shall terminate except neither Buyer nor Seller shall have any
further rights, duties or obligations hereunder, except that the Earnest
Money held in escrow shall be immediately returned to Buyer.
5. ADDITIONAL TERMS AND CONDITIONS. This agreement is further
subject to the following terms:
(a) The purchase price includes Two Hundred Fifty Thousand Dollars
($250,000.00) to be applied to any offsite storm sewer improvements,
modifications or repairs for water conveyance from the property to Puget
Sound. Said payment shall be the sole contribution and requirement for
off-site stormwater improvements.
Page 1 of 4
(b) Buyer will be required to do a traffic study that analyzes the impacts of its
. proposed development and will be required to mitigate those impacts.
Buyer, however, shall not be required to install a traffic signal at the
intersection of Wheaton Way and Magnuson Blvd. nor will they be
required to lower the roadway section south ofthis intersection to improve
site distances should either ofthese remedies be required by the final
traffic study. Any other required mitigation shall be the responsibility of
the Buyer.
(c) Buyer may, at its option, leave all existing utilities in place in Schley Blvd
for Buyers use including sewer, storm and water lines. Seller makes no
warranty or assurance of the condition, usability or serviceability of said
existing lines.
(d) Buyer agrees to replace the curbs and sidewalks on both sides of Schley
Blvd. and to overlay the current concrete base with asphalt. Prior to the
required overlay Buyer will be required to repair those concrete panels
that have already failed.
(e) Buyer may be required to bond site improvements, streets, sidewalks, and
utility work or provide alternative financial guarantees acceptable to the
City. Buyer will be allowed to bond each phase of the project separately
and get that bond (or alternate guarantee) released separately from other
phases.
(f) Buyer will construct all improvements in accordance with applicable City
ofBremerton design standards.
(g) Buyer will conduct at least one open house to present the project concept
and design characteristics within 90 days of signing of this purchase and
sale agreement.
(h) The design will include housing of approximately 300 or more housing
units including not less than 75 multifamily units.
(i) Buyer agrees that build out of the project will occur within not more than
four phases over a period not to exceed four years from the receipt of final
Plat and/or Planned Unit Development approval.
6. CONVEYANCE AND CONDITION OF TITLE. The title to the real property
shall be conveyed by Seller to Buyer at closing by Statutory Warranty Deed, free
and clear of all liens, encumbrances or defects except those described in
Paragraph 7 below.
7. TITLE INSURANCE. At Closing, Seller shall cause Transnation Title
Insurance Company, to issue a standard form owner's policy of title insurance to
Buyer in an amount equal to the total purchase price of the Real Property. For
purposes of the Agreement, the following shall not be deemed encumbrances or
defects: rights reserved and federal patents or state deeds; building or use
restrictions consistent with current zoning, and utility and road easements of
record. Iftitle cannot be made so insurable prior to the Closing date called for
herein, unless, Buyer elects to waive such defects or encumbrances, this
agreement shall terminate.
8. CLOSING COSTS AND PRO-RATIONS. The cost of escrow shall be shared
equally between Buyer and Seller, except those fees which are expressly limited
by Federal Regulation.
Page 2 of 4
9. CLOSING OF THE SALE. WITH THE UNDERSTANDING THAT TIME IS
OF TijE ESSENCE FOR THIS AGREEMENT. This sale shall be closed by April
22,2005, which shall also be the termination date of this agreement unless said
closing date is extended in writing by mutual agreement of the parties. When
notified, the Buyer and Seller will deposit, without delay, in escrow with
Transnation Title, all instruments and monies required to complete the transaction
in accordance with this agreement. Closing, for the purpose of this agreement, is
defined as the date that all documents are executed and the sale proceeds are
available for disbursement to the Seller.
10. POSSESSION. Buyer shall be entitled to possession upon the closing.
11. SELLER'S REPRESENTATIONS. Seller represents:
(a) that he/she will maintain the property in present or better condition until
time of agreed possession,
(b) that he/she has no knowledge or notice from any governmental agency of
any violation of laws relating to the subject property.
(c) that the property is not encumbered by any leases.
12. SELLER'S ENVIRONMENTAL REPRESENT A TIONS. Seller represents
that to the best of its knowledge that it is not aware of existence of, or has caused
or allowed to be caused, any environment condition (including, without
limitation, a spill, discharge or contamination) that existed as of and/or prior to
the closing date or any act of omission occurring prior to the closing date, the
result of which may require remedial action pursuant to any federal, state or local
law or may be the basis for the assertion of any third party claims, including
claims of governmental entities. This provision shall survive the closing and be in
addition to Seller's obligation for breach of a representation or warranty as may
be set forth herein.
13. DEFAULT AND ATTORNEY'S FEES
(a) Attorney's Fees and Costs. In the event of litigation to enforce any of
the terms or provisions herein, each party shall pay all its own costs and
attorney's fees.
14. NON-MERGER. The terms, conditions, and provisions of this Agreement shall
not be deemed merged into the deed, and shall survive the Closing and continue
in full force and effect.
15. NOTICES. All notices required or permitted to be given hereunder shall be in
writing and shall be sent U.S. certified mail, return receipt requested, or by
facsimile transmission addressed as set forth below:
(a) All notices to be given to Buyer shall be addressed as follows:
Mayor
City of Bremerton
345 6th Street
Bremerton, Washington 98337
Page 3 of4
(b) All notices to be given to Seller shall be addressed as follows:
Jack Willing
East Park LLC
1601 114th Ave. S.E., Suite 100
Bellevue, Washington 98004
Either party hereto may, by written notice to the other, designate such other
address for the giving of notices as being necessary. All notices shall be deemed
given on the day such notice is personally served, or on the date of the facsimile
transmission, or on the third day following the day such notice is mailed in
accordance with this paragraph.
16. ENTIRE AGREEMENT. This agreement including all parties hereto and their
respective heirs, successors and assigns; and the terms of this Agreement shall
survive the incorporated exhibits, constitutes the full understanding between the
parties. There have been no verbal or other agreements that modify this
agreement.
17. BINDING EFFECT AND SURVIV AL. This Agreement shall be binding upon
parties hereto and their respective heirs, successors and assigns; and the terms,
conditions and provisions of this Agreement shall survive the closing ofthis
transaction.
18. DATE OF MUTUAL ACCEPTANCE. For the purposes of this Agreement, the
date of mutual acceptance of this Agreement shall be the last date on which the
parties to this Agreement have executed this Agreement as indicated below.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date set
forth below.
BUYER SELLER:
East Park LLC City of Bremerton
fu: Jack Willing By: Cary Bozeman
Its: Its: Mayor
Dated: Dated:
APPROVED AS TO FORM:
By:
Roger A. Lubovich, City Attorney
R:\LEGAL\Files\Current Active Files\Eastpark\EAST PARK LLC\2005.03.15 REPSA.rdLdoc
Page 4 of 4
JI
Exhibit "A"
This legal description is based on the survey map dated June 20, 1990.
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All "Standard Berntsen MonumFritiil;:~av,~iNavy logo and are stamped "1990 1.8. 15661".
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Beginning at a found 3" brarSod~~:~'W:driument at the center of Section 12, Township 24 North,
Range 1 East, W.M., saiP;'cttlJ.futlof said Section 12 being approximately at the intersection of the
centerlines ofSchley:s~~teVa:ii:l'futd Twelfth Avenue; thence from said TRUE POINT OF
BEGWNING /:... "/ "t,l ,.'\
" ,',I, " I 5
S 890 00'~6:I'$la 'distance ofI2p,0. p feet to a found 7" diameter concrete
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S 02f'Qll ~Z5",W a dist~nc€'Qf,;314.09 feet to a standard Berntsen monument
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, S o~~ .. 5" W ,t(lu;,ta'1il9~,p 575.25 feet to a standard Berntsen monument
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Sl02b 01 '25" W a di'st'ance of 410.12 feet to a standard Berntsen monument
thence
N 880 27'57" W a distance of260.63 feet to a standard Berntsen monument
thence
S 020 01 '25" W a distance of250.04 feet to a standard Berntsen monument
thence
N 870 58'35" W a distance of 139.80 feet to a standard Berntsen monument
thence
N 29044'22" W a distance of77.03 feet to a standard Berntsen monument
set 1.0 foot back of edge of sidewalk thence
Along a curve with a radial bearing ofN 290 44' 22" W a radius of 427.72' a delta
angle of 080 28' 14" and an arc length of63.23' thence
S 680 43' 52" W a distance of 216.26 feet thence
Along a curve with a radial bearing of S 210 16' 08" E a radius of 431.31' a delta
angle of36022' 15" and an arc length of273.79' thence
Along a curve with a radial bearing ofS 5r 38' 23" B a radius of651.50' a delta
angle of200 00' 17" and an arc length of227.47' thence
S 120 21 '20" W a distance of 105.56 feet thence
Along a curve with a radial bearing of S 77040' 53" E a radius of 461.50' a delta
angle of260 54' 48" and an arc length of216.78' thence
S 14033'28" E a distance of 72.06 feet thence
Along a curve with a radial bearing ofN 750 26' 32" E a radius of 48.65' a delta
angle of520 18' 50" and an arc length of44.42' thence
S 23005'29" W a distance of 43.21 feet thence
S 42016'27" W adistanceof57.94 feet thence
N 46043'53" W a distance of336.50 feet thence
N 02000'24" E a distance of343.00 feet to a standard Berntsen monument
I 200212170100
Page: ? of 8
- 1Z11?/2S82 8S : saA
BREHERTON CITY or QCD ~UII~ Kitsap Co, WA
"
thence
N 020 00'24" E a distance of 598.62 feet to a standard Berntsen monument
thence
N 020 22 '13" E a distance of ]:74.04.feet to a standard Berntsen monument
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thence )""" " " ...
N 020 22'13" E a distance d;1~J49 feet to a standard Berntsen monument
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N 020 22'13" E a <Ii tanctl~f538.06 feet to a standard Berntsen monument
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S 890 00"33'~1~ ,~~1~'t~ce of 5Q9,00 feet to a standard Berntsen monument
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S 890 00l'~3~l,E:'a distance Of'3~~!~ .feet to a found 3" brass disc monument
. i"1'~hd'thb'TRUE poiNT. F BEGINNING.
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&al~ '~~ ~~~tains 4~.~ ~ 4:J~t~~"
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And a p~+~ described in a'S, ,,4tory Deed from the City ofBremerton filed in the office of the
Kitsap County Recorder in Volume 315 Page 524.
The East 30 feet of the following described tract:
BEGINNING at the Southeast comer of the Northeast quarter of the Northwest quarter of Section
12, Township 24 North, Range 1 Bast ofW.M., thence North 220 feet; thence west 198 feet;
thence South 220 feet; thence East 198 feet to the true point of beginning, containing one acre
more or less, except the thirty feet along South margin thereof for roadway purposes,
Said area contains 0.13 acres.
Subject to the following easements:
Easement reserved in Civil Action 347 for public roads, granted April 15, 1941
Easement to Puget Sound Power & Light Co for a power line, granted Dec. 8, 1942
Easement to the State of Washington for a highway, granted Nov. 3, 1943
Easement to State of Washington for sidewalks, granted Apri120, 1944
Easement to Puget Sound Power & Light Co for a power line, granted April 17 , 1946
.._J__ . ' 01 200212170100
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BREMERTON CITY or QCD tc€.9.~ Kitsap COI ~A
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. 200212170100
Filed for Record at Request of: . .. Page: 1 of 8
City ofBremerton - 12/17/2892 eS;9BA
BREMERTON eHY Of QeD ~6, GS Kitsap Co, WA
When Recorded Return to: I"',
11 II .111
1111 I II I
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CttyofBremerton ,', ' ':' 'i"
th " ',' ,'"
2394 Street ""'1", I" 'I "
Bremerton, WA 98337 ,I ;" ".j',,:'"
Attention: Kathleen l1a~~h~k~~ "I
II I II I, II
,,'I, "',' '",'KITSAP CO,UfTY TREASURER EXCISE 12/16/2002
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" ,"" I,;",:, TY,ll-,lll:, $2~,. Clerk '5 InitJal ____________
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Document ttJtle~IIQUltclalm fleetil', ",
Rerere~o.~~~~~er orD~~J1~c.~t f1~igned or Released: Not Applicable
Gra~W,t",~I~a,.~e: Uniteill~Urb9 0 America
GranteelslName: Cityo~;B11 Jerton
Abbre~llt't~d Legal Descri~Hon: Portions of Blocks 10 & 11 in PLAT OF THE TOWN OF
BREMERTON (Additional legal on Exhibit "A" of the document)
Assessor's Property Tax Parcel/Account Number: 3936-031-001-0007
QUITCLAIM DEED
This Deed is made this '1+1.. day of 7)l &oeM. ~ tr ,2002, by the UNITED STATES OF
AMERICA, acting by and through the Department of the Navy (herein called "Grantor"), in
favor of THE CITY OF BREMERTON, a municipal corporation of the State of Washington
(herein called "Grantee").
RECITALS
This conveyance of property is made pursuant to the authority granted in Section 2857 of Public
Law 106-398.
CONVEYANCE
Grantor does hereby release, convey and quitclaim to Grantee, and to its successors and assigns,
all Grantor's right, title and interest, together witli all after-acquired title of the Grantor and any
and all rights in abutting streets, in and to the real property and all improvements and personal
property thereon (the "Property"), located in Bremerton, Washington and described in Exhibit.
"A" which is attached hereto and incorporated herein by this reference, subject to the following
exceptions, reservations, covenants and restrictions:
I
.
Easement reserved. in Civil Action 347 for public roads, granted Apri115, 1941
Easement to Puget Sound Power & Light Co for a power line, granted Dec. 8, 1942
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Easement to the State ofWashingt/jn,f.61;'~t'\righway, granted Nov. 3, 1943
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Easement to State ofWashiQ.g~lI fQ~ ~idewa1ks, granted Apri120, 1944
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Easement to Puget So~~d~~t~& Light Co for a power line, granted Aprill7, 1946
II 1111 I. I.
II II I ,I III .11
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""I$p'~S~NTA ~Id~s~, .~~VENANTS AND RESTRICTIONS
I 1",,1'1"1,1 I' 1'1 I '"
II. I I I I 'I I I .
I. The Grahtt!U".(epr,esents as ,fql1t!l:Ws!, Grantor has performed an Environmental Baseline Survey
(EBS) tQ,~~~~~'ffie prop,\1rt~ ~~tlhf~dous substances and has taken appropriate remedial
actio"T,~~I~ri.a'ih a deci~iqn't, tMe property is suitable for transfer, said decision is set forth in
a Find~~,9~Suitability for.,Tli fer (FOST). Copies of the EBS and FOST referred to above
have each' b'een made availabTe to Grantee and are each incorporated herein by reference.
2. ENVIRONMENTAL COVENANT: The United States of America, in accordance with 42
use 9620(h), hereby covenants and warrants to Grantee, its successors and assigns, that (1) all
remedial action necessary to protect human health and the environment with respect to any
hazardous substance remaining on the property has been taken before the date of this deed, and
(2) any additional remedial action found to be necessary after this date shall be conducted by the
United States of America acting by and through the Department of the Navy. The United States
of America shall have access rights to the property in any case in which remedial or corrective
action is found to be necessary after the date of this deed.
3. In connection with Grantor's covenant made in paragraph 2, the Grantee agrees on behalf of
itself, its successors and assigns, as a covenant running with the land, that Grantor, and its
officers, agents, employees, contractors and subcontractors, shall have the right, upon reasonable
notice to Grantee, its successors and assigns, to enter upon the Property in any case in which a
response or corrective action is found to be necessary at such Property after the date ofthis deed.
4. The right to enter described in paragraph 3 shall include the right to conduct tests,
investigations and surveys, including, where necessary, drilling, test-pitting, boring and other
similar activities. Such right shall also include the right to construct, operate, maintain or
undertake any other response or corrective action as required or necessary including, but not
limited to, monitoring wells, pumping wells and treatment facilities. Any such entry, including
such activities, response or corrective actions, shall be coordinated with the Grantee or its
successors and assigns, and shall be performed in a manner which minimizes (a) any damage to
any structures on the Property and, (b) any disruption or disturbance of the use and enjoyment of
the Property. The Grantor shall be responsible, to the extent provided in the Federal Tort Claims
Act, for any personal injury or property damage or claims, suits or penalties related to Grantor's
environmental activities on the property.
II II. I: . 200212170100
Page: 2 of B
I I - 12/1712992 B9:99A
1
BREMERTOH CITY or QeD $2S.&~ Kitsap Co, UA
.-
5. GRANTEE by acceptance of this Quitclaim Deed agrees that the Property is conveyed on
an "as is, where is" basis without warranties of any kind either expressed or implied except as
otherwise recited in this Quitclaim Deed.
I I ,I
Iill II. 'II' :
,I " I ,I
6. GRANTEE by acceptancf(wf,thls '~tlitclaim Deed agrees that GRANTEE shall have and
hold the Property subject to ~a~:oi.tp~'tolIoWing conditions subsequent, which are for the sole
benefit of THE UNITED ~1' A' ES ,oi!' AMERICA and which shall be binding upon and
enforceable against GR{}.:l-;tT:g~,,'~t~ successors and assigns:
I : II I, 'III
I:' 1:,111 III II I
(a) GRANTEJ;,ISlt~ta, U:~e the Propeii~~ directly or through an agreement with a public or
private entity, s~l~~~'an.a 'C6htinuolf~ly:fQFIP'ublic health, public safety, education, affordable
housing, or publtit I~bfrpation purp,b~~~l GRANTOR reserves the right to enter and inspect the
Property an~'Ui~~t records rel~t~~,ili,ereto to ascertain compliance with terms and conditions of
. p,-llIf' 1,1111111 I I I I I I
thIS covtf fill" " 'I I""
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II. '1111,11 , I }1I1 ,\ n III
(I1),:G~NtEE may aQrm~~Ue (a), above, as to all or any portion of the Property, by providing
affirmath'e' 'written notice to 6RANTOR of intent to use all or any portion of the Property for a
purpose not specified in (a), above. GRANTEE shall pay to the UNITED STATES OF
AMERICA an amount equal to the fair market value ofthat portion of the Property to be used for
a purpose not specified in (a) above. The fair market value shall be determined by an appraisal
acceptable to GRANTOR. The effective date of such fair market value shall be the date
GRANTEE affirms its intent to use a portion of the Property for a purpose not specified in (a)
above.
(c) GRANTEE, by acceptance of this Quitclaim Deed, covenants and agrees for itself, its
successors and assigns, that it shall not commence any use of any portion of the Property for a
purpose not specified in (a) above until the full fair market value established pursuant to (b)
above has been paid to and received by GRANTOR.
(d) GRANTEE shall provide GRANTOR with no less than thirty days written notice of intent
to sell, lease, rent, mortgage, encumber, or otherwise transfer any interest in any portion of the
Property for which it has not already paid fair market value to GRANTOR. Such notice shall
include: (1) a description ofthe portion of the Property or interest therein being conveyed or
otherwise transferred; (2) the identity of the transferee; (3) recital of all consideration being paid
to GRANTEE; and (4) the intended land usee s) of the portion of the Property after transfer.
(e) Notwithstanding the above, in the event Purchaser desires to trade all or a portion ofthe
Property, Purchaser shall have the right to seek the lawful authority and/or the required approval
from the appropriate source(s) to trade all or a portion of the property for other property of not
less than equal value for use for public health, public safety, education, affordable housing, or
public recreation or to seek other alternatives in lieu of payment of fair market value, consistent
with federal law.
~ I. .. I.. I 200212170100
! PElge: 3 of S
. , 12117/288, BS:8BA
BREHERTON CITY or QeD $28.a~ Kitsap COI ~A
.,
IN WITNESS WHEREOF, THE GOVERNMENT has executed this QUITCLAIM Deed this
Lf.-tl... day of ~~_ ~o(."" , 2002
,''''
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,1",,'" ',,' ,1 UNITED STATES OF AMERICA
" 1.111,11, "
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",',ll'"",, By: ~
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,:' ,:,", ", :' ,ROBERT K. UHRICH
1', I I I I I
"'1""\ I" ,', I Director, Land Management
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".0":'1 I; I' ".:;""" II, Real Estate Contracting Officer
I .. I', " ' 1 II ',I I F 'I" E' . C d
I I ", '1'1' ': '.1, "Nava acllttes ngmeenng omman
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, ',I, '101 I ,", "':', ';, For and on Behalfo the
1,::'''::1, "::",,, II "I""'" United States of America
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,', .,......', " I'" 1,111 ,,' Department of the Navy
"11'1 II I II I 'I I
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Approvc\(1' b~ Cadastral " '" ' Approved as to form and Legality
Dated; )r.n-u l..'- (!) J-.
Signed: ' .~
Shelle K. Simcox
Assistant Counsel
GRANTEE:
The City ofBremerton
By: C:~3f -
CARY BO EMAN, MAYOR
.. -I j', . .'. ' 200212170100
_ . _.....:__ ..... u_-'. .._.' ___ . . .__ i;;r~/2B~~f ~9;8BA
BREI1ERTON em OF QeD f2E . BEl Kitsap COI WA
-
.'
STATE OF WASHINGTON.,
COUNTY OF KITSAP
On this t/- day of D:~....~el':jfOp2,.J)efore me personally appeared Robert K. Uhrich,
known or identified to me to be the'a\1thpri~bd agent of the United States of America, the
governmental entity that execulieq. 't~~ lin~tUment or the person who executed the instrument on
"I I I.
behalf of said governmental,<m:~ty~'dn.~ acknowledged to me that such governmental entity
d h I,ll "'II
execute t e same. ,I "1'1'11
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. WI~~~ ~~,~an'li and orp~i' 5~?llhereto affixed the day and year in this certificate above
wntten. , I ", '1"1,1 " 1'1 I "
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,111111 111111111 II I I, II
Date: 1I,:,~,~~~....bel{ 2:\{P!~'",1 I' (! tu 0-- .~.
),,' ,''':',,'1 I' ,'" ,I" ,,' NOTARY PUBLIC in and for the State of
J"~~:;~~~W#~~~~"'~;' I":,, JI,I Washington residing at ~.Jls60, LNI4
..'-'<;.tJ ~11I11J.' .~1~" II .... A1~ ~_J Q
. . .~ .;:9 ....~........ ,/" ~:;.. My conumsslOn exprres: r ~ 1 I 2..00 s;-
0..,........ ..s,on t? " ..,......
.~ ~. '/l ,~~" oVJ.\ ~;;:;=.\ ::::. .~. PRINT NAME: {!tf14-re.k j vJ. VA-~ Cl.....~
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\'.::~~~poac~ for Notary Seal/Stamp .
I '200212170100
! Page: 5 of 8 . I 12/17/2382 89;BBA
BRrMERTON elT1( OF QeD ~,El~ Kitsap Co, WR
~I
CITY ACKNOWLEDGMENT
STATE OF WASHINGTON
COUNTY OF KlTSAP 1'\
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On this ~1A4_ pfly,dE I ',' 002, before me, the Wldersigned, a Notary Public
in and for the State of WB.tlhlp~o~' uly commissioned and sworn, personally appeared Cary
Bozeman to me known to bF ~e..Ma.y~r of The City of Bremerton, the municipal corporation that
executed the within and.fij)FQtl~in~jnstrwnent, and aclmowledged the said instrument to be the free
and voluntary act ~~llrte~<i:'~r said IIlunicipal corporation, for the uses and purposes therein
mentioned, and on ,Q~~ 'stat~d \hat he w~ fluthorized to execute the said instrument.
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WITNESSlmy'p~d and offibi~lltie~l,Hereto affixed the davand year in this certificate above
written 1'" I I, I ''',''1 l
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Date:, " III , III 'I" II' . -PA J.J ~~.
':':"',"1 I, ',.J I NOTARVJUBLIC nand for the Stat~f
· ,., ' Washington residing at a ~ ~ A:f2t..."., J
My commission expires: ...5. /$-/)1-
PRINT NAME: {?Af'~7 L. ;;'r~YJ
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I . i ,. 200212170100
Page: 6 of 8
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BREHERTOH CITY OF QeD $26.98 Kitsap Co! WA
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