HomeMy WebLinkAbout5326ORDINANCE NO. 5326
AN ORDINANCE of the City Council of the City of
Bremerton, Washington, amending Title 20 of the Bremerton
Municipal Code entitled "Land Use," regarding Appeals, Fences,
Recreational Vehicle on a Private Lot, and Automobile Service and
Repair.
WHEREAS, through practical use and application of the Zoning Code the need
for modification has been identified; and
WHEREAS, the City of Bremerton ("City") has established a procedure for
amending the Zoning Code in Title 20.18.020(d) of the Bremerton Municipal Code ("BMC"),
which requires amendments to the Zoning Code to be both consistent with the goals and policies
of the Comprehensive Plan and to be consistent with other applicable rules and regulations; and
WHEREAS, these amendments are consistent with the City's Comprehensive
Plan, County Wide Planning Policies, The State Growth Management Act, and other applicable
regulations and ordinances; and
WHEREAS, on April 18, 2017, the Planning Commission conducted a workshop
on the proposed amendments; and
WHEREAS, on April 24, 2017, a State Environmental Policy Act ("SEPA")
Determination of Nonsignificance ("DNS") was issued for the proposed action and no appeals
were filed; and
WHEREAS, on April 20, 2017, the proposed Zoning Code amendments were
circulated to the State Agencies for the requisite review and comment period; and
WHEREAS, on May 6, 2017, the public was notified by a legal advertisement in
the Kitsap Sun of the opportunity to make comment and participate in the public hearing held by
the Planning Commission; and
WHEREAS, on May 16, 2017, the Planning Commission conducted a public
hearing on the Zoning Code amendments and formulated a recommendation to forward the
amendments for City Council consideration; and
WHEREAS, on June 9, 2017, the public was notified by a legal advertisement in
the Kitsap Sun of the opportunity to make comment and participate in the public hearing by the
City Council; and
WHEREAS, on June 21, 2017, the City Council conducted a public hearing and
considered all testimony prior to their decision; NOW THEREFORE,
Title 20 BMC Updates
THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON,
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Findings and Recitals Incorporated. The findings and recitals set
forth above are hereby adopted and incorporated herein by this reference.
SECTION 2. Planning Commission Findings. The findings and conclusions
adopted by the Planning Commission attached hereto as Exhibit A are adopted and incorporated
as if set forth herein in full.
SECTION 3. Chapter 20.02 of the Bremerton Municipal Code entitled "Project
Permits" is hereby amended by amending Section 20.02.140 to read as follows:
20.02.140 APPEALS.
(a) General.
(1) Those land use and development decisions that are subject to appeal shall
become final unless an appeal is filed within the designated time to file an appeal.
(2) The appellant shall bear the burden of proving the administrative decision
was not supported by substantial evidence.
(3) Appeal of Type I or Type II project permit final decisions shall be to the
Hearing Examiner. Appeals shall be filed within fourteen (14) days following the issuance of the
notice of decision. A decision involving a SEPA determination of nonsignificance which
required public comments shall have the appeal period extended an additional seven (7) days.
(4) Administrative appeal of a SEPA threshold determination on project
permits is to the Hearing Examiner pursuant to Chapter 20.04 BMC and subsection (a)(3) of this
section. The appeal shall consolidate any allowed appeals of procedural and substantive
determinations under SEPA with a hearing or appeal on the underlying governmental action in a
single simultaneous hearing before the Hearing Examiner consistent with Chapter 36.70B RCW,
WAC 197-11-680, this chapter and Chapter 20.04 BMC.
(5) Appeal of Type III or Type IV project permit final decisions shall be to
Kitsap County Superior Court pursuant to Chapter 36.70C RCW. Appeals shall be filed within
twenty-one (21) days following the issuance of the notice of decision.
(6) Final decision relating to the Bremerton Shoreline Master Program may be
appealed as follows:
(i) Director decisions and Type II shoreline permits may be appealed
to the Hearing Examiner pursuant to subsection (a)(3) of this section or may be appealed directly
to the Shoreline Hearings Board pursuant to RCW 90.58.180.
(ii) Hearing Examiner decisions may be appealed to the Shoreline
Hearings Board by filing a petition for review within twenty-one (2 1) days of the date of filing
pursuant to RCW 90.58.140(6).
(b) Standing to Appeal. Only parties of record with standing may initiate an appeal.
Standing constitutes the following:
(1) For Type I project permits, oa4�-the applicant and the owner of property to
which the permit decision is directedhas have standing.
(2) For project permits not Type I, the following have standing:
(i) Applicant;
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Title 20 BMC Updates
a.
GO Property owner to which the permit decision is directed; '
(iii) Anyone who participates in the public hearing; or
(ivii) Anyone who submits written comments in response to a legal notice
within the required time limits.
(c) Filing an Appeal. Administrative appeals are filed by submitting a form provided
by the Department. The appeal must be received by 5:00 p.m. on the last day of the appeal
period. Appeals may be mailed, faxed or delivered to the Department.
(d) Timing of Decisions.
(1) An open -record appeal shall be decided within ninety (90) days from the
date the complete appeal was filed.
(2) Should an occasion arise that would require a closed -record appeal
hearing, such an appeal shall be decided within sixty (60) days.
(e) Computation of Time. For'purposes of computing the time for filing an appeal,
the day the decision is rendered shall not be included. The last day of the appeal period shall be
included unless it is a Saturday, Sunday, a day designated by RCW 1. 16.050 or by the City's
ordinances as a legal holiday; then it also is excluded and the filing must be completed on the
next business day.
(f) Content of Appeal. An administrative appeal shall not be accepted unless it is
written, accompanied by the required appeal fee, and contains at least the following information:
(1) Appellant's name, address and phone number;
(2) Appellant's statement describing his or her standing, as a party of record,
to appeal;
(3) Identification of the application which is the subject of the appeal;
(4) Statement of grounds for appeal and the facts upon which the appeal is
based;
(5) Statement of the relief sought, including the specific nature and extent;
and
(6) A statement that the appellant has read the appeal and believes the
contents to be true, followed by the appellant's signature.
(g) Effect. The timely filing of an administrative appeal shall stay the effective date
of the decision until the appeal is either decided or withdrawn.
(h) Notice of Appeal. The Director shall provide public notice of the appeal as
provided in BMC 20.02.110(f).
SECTION 4. Chapter 20.42 of the Bremerton Municipal Code entitled
"Definitions" is hereby amended by amending Section 20.42.040(a) to read as follows:
20.42.040 DEFINITIONS.
The following definitions shall be applied within this title:
(a) Definitions "A":
"Automobile service and repair" means an establishment primarily engaged in
repairing, maintaining, or servicing automobiles, including battery exchange station. Servicing
and repairing of automobiles on a residential lot for automobiles that are not registered to the
property owners or tenants on the site shall be considered automobile service and repair.
Title 20 BMC Updates
SECTION S. Chapter 20.46 of the Bremerton Municipal Code entitled "Special
Development Standards" is hereby amended by amending Section 20.46.020 to read as follows:
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 four
(4) feet.
(iii) On corner lots with a specified front yard setback on each street
frontage, both frontages will require a height of no more than four (4) feet.
(iv) To obtain a six (6) foot high fence on a corner lot, a fence permit is
required. 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 facade of the
residence; -
(C) The higher fence will not encroach into the front yard of
the primary frontage where the maximum height limit in subsection (a)(1)(ii) of this section takes
precedence.
(v) Six (6) foot tall side yard fences may not project into the front yard `
setback except when the house's front facade is within the front yard setback area, in which case
the taller fence may extend no further than the front facade of the house.
(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.
(4) , District and Neighborhood Center Zones.
(i) Maximum height shall be four (4) feet in front yard setback areas.
(ii) Maximum height shall be six (6) feet for side and rear yard setback
areas.
(iii) To obtain an eight (8) foot tall fence, a fence permit is required.
The Director may allow for a maximum height of up to eight (8) feet in side and rear yard
setback areas provided the use is nonresidential and the fence is necessary for security purposes.
(5) Essential Public Facilities. Essential public facilities may have up to ten
(10) foot tall fences in any zone through a fence permit application provided the fence is the
minimum necessary for security purposes.
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Title 20 BMC Updates
(b) A Type II conditional use permit may be granted for fences or walls up to eight
(8) feet high in a side or rear yard only if the fence or wall is necessary to provide privacy and
security between a residential and a nonresidential use.
(c) Fences and walls shall not block or hinder the sight distance of traffic. Exact
location and design of a fence or wall is subject to the approval of the City Engineer when
visibility or public safety is an issue.
(d) No electric or electrified fences shall be permitted within the City of Bremerton.
(e) Barbed wire or similar wire protective devices are permitted only in industrial
zones or any property containing a public facility above a height of six (6) feet; provided, that
adjoining a residential zone, devices may be allowed by approval of a Type II conditional use
permit pursuant to BMC 20.58.020 only if the 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 obe 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 1,
(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 subsection (a)(1)(ii) of this section,
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
sixteen (16) inches square in section;
(2) Any gate shall not obscure more than twenty (20) percent 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.
SECTION 6. Chapter 20.46 of the Bremerton Municipal Code entitled "Special
Development Standards" is hereby amended by amending Section 20.46.050 to read as follows:
20.46.050 RECREATIONAL VEHICLE ON A PRIVATE LOT.
A recreational vehicle, occupied or not, may be parked on a private lot or lots only as an
accessory use subject to the parking provisions of this title and the following provisions:
(a) A recreational vehicle may be occupied for a cumulative period not to exceed
thirty (3 0) days during any twelve (12) consecutive month period;
(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 (1) year;
(c) Only one (1) 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 than fifteen (15) consecutive days and not more than thirty (3 0) days cumulative in any
twelve (12) consecutive months; and
Title 20 BMC Updates
i
(e) Any occupied recreational vehicle must be self-contained and all garbage and
sanitation shall be disposed of in a manner, approved by the City.
(f) In order to legally occupy a recreational vehicle, the properly owner must obtain a
permit from the City indicating details such as the dates the recreational vehicle will be occupied.
SECTION 7. Chapter 20.62 of the Bremerton Municipal Code entitled "General
Commercial" is hereby amended by amending Section 20.62.020 to read as follows:
20.62.020 PERMITTED USES.
The following uses are permitted outright:
(a) Automobile service and repair,
(bJ Co -location of wireless communications facilities per BMC 20.46.140;
(bee) Community facility;
(�� Day care;
(dee) Drinking place;
(efj Education and school;
(fg) Entertainment use;
(gh) Finance, insurance and real estate;
(hi) Fully enclosed boat storage;
(ji) General office and business service;
(}k) General retail;
(k1J Hospital;
(IM) Hotel and lodging place;
(mg) Medical office and clinic;
(fig) Museum and gallery;
(op) Park, playground, and open space;
(pq) Personal service;
(qr) Physical fitness and health club;
(f�s) Public administration use;
(sJ Recycling collection station;
(tu) Residential of all types except group residential facility - Class II;
(itv_) Restaurant;
(Nw) Senior housing complex;
(wx) Transportation facility;
(*y) Veterinary clinic.
SECTION 8. Chapter 20.82 of the Bremerton Municipal Code entitled
"Neighborhood Business ("NB")" is hereby amended by adding Section 20.82.040 to read as
follows:
20.82.040 CONDITIONAL USES.
The followinia uses may be permitted provided a conditional use permit is approved
pursuant to BMC 20.58.020:
(a) Automobile service and repair, provided:
(1) The property is not located within the Manette Neighborhood Center; and
(2) The business is located in an existing building; and
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Title 20 BMC Updates
(3) Any parking areas adjacent to a residential property shall provide a Type I
-visual screen pursuant to BMC 20.50.050(b); and
(4) Business hours shall be limited to 7:00 a.m. through 10:00 p.m.; and
(5) No outdoor storage is permitted. This prohibition includes but is not
limited to outdoor storage of vehicles being used for parts, inoperable vehicles, and storage of
tires. Customer vehicles waiting to be serviced, which do not require towing, must be parked in
an approved parking area that complies with Chapter 20.48 BMC.
SECTION 9. Severability. If any one or more sections, subsections,, or sentences
of this ordinance are held to be unconstitutional or invalid, such decision shall not affect the
validity of the remaining portion of this ordinance and the same shall remain in full force and
effect.
SECTION 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 v '2017.
ERIC YO1 R, Council President
Approved this ?j ST day of j2wg . '2017.
ATTEST:
SHANNON CORIN, City Clerk
-9A
PATTY T, 94aoi'
APPROVED AS TO FORM:
SRO032LUi y orney
PUBLISHED theday of 52017.
EFFECTIVE the 7- day of (,t,� '2017.
ORDINANCE NO. 3ZIe,
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Title 20 BMC Updates
1:KMM F:7kw_1
FINDINGS AND CONCLUSIONS
OF THE CITY OF BREMERTON PLANNING COMMISSION
Summary:
The proposed amendments to Bremerton Municipal Code include amending'Title 20 Land Use Chapter
related to appeals, fences, occupied Recreational Vehicles, Automobile Service and Repair as a
permitted use in the General Commercial zone and as a Conditional Use in the Neighborhood Business
zone, the definition of Automobile Service and Repair, and regulations for Accessory Dwelling Units.
I. FINDINGS OF FACT
1. Project Description:
The proposed amendment package includes revisions to Title 20 as follows:
• A clarification to the Appeals'code section, regarding who has standing to appeal;
:• A minor revision to fence regulations;
• Revisions to the regulations regarding occupied Recreational Vehicles (RVs) on private
property;
• Allowing automobile service and repair as an outright permitted use in the General
Commercial zone;
• Permitting automobile service and repair as a conditional use in the Neighborhood
Business zone, where existing buildings are suitable for the use and where additional
criteria are met.
• Revising the definition of Automobile Service and Repair, to include repair of any
vehicles not registered to the resident, in a residential area.
• Revise the Accessory Dwelling Unit criteria for approval, including removing owner -
occupied requirement, adding design standards, and revising the size limitations.
2. Procedural History:
2.1 Planning Commission Workshop: April 18, 2017
2.2 SEPA.Threshold-Determination DNS: April 24, 2017
2.3 Washington State Department of Commerce Notice: April 20, 2017
2.4 Notice of Public Hearing: May 6, 2017
2.5 Planning Commission Public Hearing: May 16, 2017
3.. Public and Agency Comment:
3.1 April 18, 2017 Workshop Comment: Mike Coslett, owner of Cars Automotive business.
Wants to locate at 3740 Wheaton Way
3.2 April 18, 2017 Workshop Comment: Byung Yu Ben, property owner at 3740 Wheaton
Way. Would like an auto related business to be able to operate there.
A. SEPA Determination:
A Determination of Non -Significance was, issued on April 24, 2017, to date no comments or
appeals have been filed.
5. Consistency: '
Text amendments to Title 20 shall meet the decision criteria outlined in BMC 20.18.020(d). The
Planning Commission may recommend, and the City Council may adopt or adopt with
modifications, an amendment to Title 20 if the criteria outlined below are met.
EXHIBIT A
(1) It is consistent with the goals and policies of the comprehensive plan;
Analysis. The proposed amendments continue to uphold the objectives and goals of the
Comprehensive Plan, and implement the following policies:
LU2(A): In order to combat chronic vacancy experienced in select areas, the City should
consider zoning regulations that promote occupancy for buildings that are experiencing
prolonged vacancy.
LU2(C): Support adaptive reuse of existing buildings with uses that are compatible with
surrounding neighborhoods.
H9(F): Promote a robust code enforcement program to protect the safety and aesthetic
quality of existing neighborhoods.
H3(A): Provide opportunities for the production of new housing for all incomes, ages,
and family types through infill by stimulating growth of non-traditional housing types such
as townhomes, carriage units, accessory dwelling units, and duplexes in locations where
they will seamlessly infill into the fabric of the existing neighborhoods.
H4(D): Encourage efficient permit review by eliminating unnecessary regulatory
impediments, improving certainty in development regulations, and provide an expedited
permit process.
(2) It.does not conflict with other City, state and federal codes, regulations and ordinances.
Analysis: The proposed amendments do not conflict with any other regulations.
IL CONCLUSIONS & RECOMMENDATION
Based on the'findings above, the Planning Commission concludes that the proposed amendments to
the Bremerton Municipal Code Title 20 Land Use Chapter, meets the requirements in BMC
20.18.020(d) text amendments, and therefore recommends to the City Council, the adoption of
amendments to Title 20.
ck off ; Pla g Commission Chair
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AFFIDAVIT OF PUBLICATION
Account #342133 AD#1664850
STATE OF WASHINGTON
COUNTY OF KITSAP
I, Teresa Hull, being first duly sworn on oath, deposes and says: That she is now, and at all times embraced in
the publication herein mentioned was the principal clerk of the printers and publishers of KITSAP SUN; that
said newspaper has been approved as a legal newspaper by order of the Superior Court of the County of Kitsap,
in which County it is published and is now and has been for more than six months prior to the date of the publi-
cation hereinafter referred to, published in the English language continually as a daily newspaper in Bremerton,
Kitsap County, Washington, a weekly newspaper in Kitsap County, Washington and is now and during all of
said time, was printed in an office maintained in the aforesaid place of publication of said newspaper; that the
following is a true text of an advertisement as it was published in regular issues (and not in supplement form) of
said newspaper on the following date, to wit: And on
June 27, 2017
such newspaper was regularly distributed to its subscribers during all of said period. The full amount of the fee
charged for the foregoing publication is the sum of $65.12. This amount has not been paid in full.
(Signature of Principal Clerk)
Subscribed and sworn to before me this day of June 27, 2017.
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ORDINANCE NO. 5326
AN ORDINANCE of the
City Council of the City of
Bremerton, Washington,
amending Title 20 of the
Bremerton Municipal Code
entitled "Land Use," regard-
in
egard-
i t, Appeals, Fences, Recre-
aional Vehicle on a Private
Lot and Automobile Service
and Repair.
PASSED by the City Council on
the 21st day of June, 2017.
The full text of this ordinance
is available from the City
Clerk's Office, 345 Sixth
Street, Suite 600, Bremerton,
WA 98337.
June 27, 2017 AD#1664850