HomeMy WebLinkAbout5345ORDINANCE NO. 5345
AN ORDINANCE of the City Council of the City of
Bremerton, Washington, amending Title 20 of the Bremerton
Municipal Code entitled "Land Use."
WHEREAS, through practical use and application of the Zoning Code the need
for modification has been identified; and
WHEREAS, the City of Bremerton has established a procedure for amending the
Zoning Code in Title 20.18.020(d) of the Bremerton Municipal Code ("BMC"), which requires
amendments to the Zoning Code to be both consistent with the goals and policies of the
Comprehensive Plan and to be consistent with other applicable rules and regulations; and
WHEREAS, these amendments are consistent with the City's Comprehensive
Plan, County Wide Planning Policies, the State Growth Management Act, and other applicable
regulations and ordinances; and
WHEREAS, on November 28, 2017, the Planning Commission conducted a
workshop on the proposed amendments; and
WHEREAS, on December 11, 2017, the proposed Zoning Code amendments
were circulated to the State Agencies for the requisite review and comment period; and
WHEREAS, on December 14, 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 January 12, 2018, 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 January 22, 2018, 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 February 10, 2018, 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 February 21, 2018, the City Council conducted a public hearing
and considered all testimony prior to their decision; NOW THEREFORE,
THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON,
DOES HEREBY ORDAIN AS FOLLOWS:
Title 20 BMC Updates
SECTION 1. 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.
SECTION2. Chapter 20.02 of the Bremerton Municipal Code entitled "Project
Permit Processing Procedures" is hereby amended by amending Section 20.02.040 to read as
follows:
20.02.040 PROJECT PERMIT PROCESSING PROCEDURES.
Project permit applications are categorized as Type I, Type II, Type III or Type IV
project permits. Permit processing procedures may include determination of completeness, notice
of application, notice of public hearing and notice of decision. Applicable procedures for the
processing of permits are pursuant to the following provisions:
(a) Type I Project Permits. These are administrative decisions by the Director who
may approve, conditionally approve or deny the application. They include permits categorically
exempt from SEPA review or that have had SEPA review completed in connection with another
application or permit. Type I project permit processing procedures are set forth in Table 040.
Examples of Type I permits include administrative code interpretations,
building/construction/demolition permits (SEPA exempt), final short subdivisions, permit
revocations, etc.
(b) Type 11 Project Permit. These are administrative decisions by the Director with
limited public notice. The Director has the authority to approve, conditionally approve or deny
the application. Type II project permit processing procedures are set forth in Table 040.
Examples of Type II permits include administrative conditional use permits, short plats/binding
site plans, site plan review (requiring SEPA), building/construction/demolition permits
(requiring SEPA), stand alone nonproject SEPA, etc.
(c) Type III Project Permit. These are Hearing Examiner decisions. The Hearing
Examiner may approve, conditionally approve, or deny the application. Type III project permit
processing procedures are set forth in Table 040. Examples of Type III permits include
nonadministrative conditional use permits, preliminary formal subdivisions, variances, etc.
(d) Type IV Project Permit. These are decisions by the City Council after a closed -
record hearing. The City Council may approve, conditionally approve, modify and approve or
deny the application. Type IV project permit processing procedures are set forth in Table 040.
Examples. of Type IV permits include site -specific rezones, ,
development agreements, vacation of subdivisions, etc.
(e) Table 040 Permit Processing Procedures..
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Title 20 BMC Updates
Application Type
Determination of
Completeness
Notice of
Application
Notice of
Hearing
Notice of
Decision
Type I Permit
No
No
No
No
Type 11 Permit
Yes
Yes
No
Yes
Type III Permit
Yes
Yes
Yes
Yes
Type IV Permit
Yes
Yes
Yes
Yes
Development Agreement
No
No
Yes
Yes
Final Subdivisions
No
No
No
No
Site Specific Rezone`
Yes
Yes
Yes
Yes
Stand Alone Nonproject
SEPA
No
No
No
No
1 The Hearing Examiner holds an open -record hearing for preliminary approval. The
Director makes the final administrative decision.T-be City Cotmeil make a ' a aaa.uwo u afs
publie meeti„g; o .,a Lear + d
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2 The Hearing Examiner holds an open -record hearing. The City Council holds a closed -
record hearing for final approval.
SECTION 3. Chapter 20.12 of the Bremerton Municipal Code entitled "Land
Division" is hereby amended by amending Subsection 20.12.090 to read as follows:
20.12.090 REVIEW PROCEDURES AND APPROVALS.
Each subdivision type is processed as a different action "type" as described in Chapter 20.02
BMC, Table 040, Project Permit Processing Procedures, and summarized as follows:
(a) Subdivision. Approval of all subdivisions requires a four (4) step process: approval of a
preliminary subdivision, installation or bonding of required improvements, approval of the final
subdivision, and recording of the subdivision with the Kitsap County Auditor.
(1) Short Subdivision.
(i) A preliminary short subdivision: Type II Director decision.
(ii) A final short subdivision: Type I Director decision.
a. The final short subdivision shall be submitted to the Director
within five (5) years of the date that the preliminary approval became final or the short
subdivision shall become null and void.
(2) Formal Subdivision.
(i) A preliminary formal subdivision: Type III Hearing Examiner decision.
(ii) A final formal subdivision: Type I Directors decision-jV-City re•�r���
a. The final formal subdivision shall be submitted to the Director
within five (5) years of the date that the preliminary approval became final or as approved
through phasing and/or timeline extensions per BMC 20.12.060, General Provisions. Should the
project fail to comply with these timelines, the formal subdivision shall become null and void.
Title 20 BMC Updates
b. The following signatures on the final plat Mylaf-are required
befeV t e—iureter- a{i submit the final plat to the G t. r 4:
• i. Director. Whose signature approves compliance with all
terms of the preliminary plat approval of the proposed plat subdivision or dedication.
ii. City Engineer. Whose signature approves the layout of streets,
alleys and other rights -of -way, design of bridges, sewage and water systems and other structures.
Additionally, the City Engineer's signature approves the adequacy of the proposed means of
sewage disposal and water supply if City services are provided.
iii. Kitsap County Health District. Whose signature approves
the adequacy of the proposed means of sewage disposal and water supply if City services are not
provided.
iv. Kitsap County Treasurer. Whose signature confirms a
statement that all taxes and delinquent assessments for which the property may be liable as of the
date of certification have been duly paid, satisfied or discharged.
V. Property Owner. Whose signature confirms a statement that
the subdivision has been made with the free consent and in accordance with the desires of the
owner(s).
(3) Binding Site Plan.
(i) A preliminary binding site plan - Type 11 Director decision.
(ii) A final binding site plan - Type I Director decision.
a. The final binding site plan shall be submitted to the Director within
two (2) years of the date that the preliminary approval became final or the binding site plan shall
become null and void.
b. The following signatures on the binding site plan r-are
required before the Director can approve the final binding site plan:
i. City Engineer. Whose signature approves the layout of
streets, alleys and other rights -of -way, design of bridges, sewage and water systems and other
structures. Additionally, the City Engineer's signature approves the adequacy of the proposed
means of sewage disposal and water supply if City services are provided.
ii. Kitsap County Health District. Whose signature approves
the adequacy of the proposed means of sewage disposal and water supply if City services are not
provided.
iii. Kitsap County Treasurer. Whose signature confirms a
statement that all taxes and delinquent assessments for which the property may be liable as of the
date of certification have been duly paid, satisfied or discharged.
iv. Property Owner. Whose signature confirms a statement that
the division of land has been made with the free consent and in accordance with the desires of
the owner(s).
SECTION 4. Chapter 20.12 of the Bremerton Municipal Code entitled "Land
Division" is hereby amended by amending Subsection 20.12.130 to read as follows:
20.12.130 SUBMITTAL REQUIREMENTS - FINAL SUBDIVISION.
An applicant seeking final approval of a short subdivision, formal subdivision, or binding
site plan must submit a complete application requesting approval. It is the responsibility of the
applicant to provide all of the necessary information before the application is processed. In
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Title 20 BMC Updates
conjunction with the appropriate fee a complete application for a final subdivision approval shall
contain, but is not limited to, the following:
(a) Application Form. Application shall be made on the appropriate forms prescribed
by the Department and shall be signed and dated by the property owner or authorized agent.
When an authorized agent is involved, they shall provide proof they represent the legal interests
of the property owner.
(b) Final Plan. The final plan shall be an original that is legibly drawn in black ink on
wand is suitable for producing legible prints through scanning, microfilming or other
standard copying procedures. The map shall measure eighteen (18) inches by twenty-four (24)
inches and shall include all of the following:
(1) Drawn to scale at no less than one (1) inch to two hundred (200) feet and
the scale shall be shown on the drawing;
(2) Include the date, title, name and location of the subject property, graphic
scale and true north point;
(3) Complete legal description of the lands being divided;
(4) The location of all existing fences, structures, and other improvements;
(5) The location of any lakes, ponds, wetlands, streams, creeks, and slopes
(top and toe and percentage of slope) greater than forty (40) percent;
(6) Show the location of utilities, streets and easements within or abutting the
subject property;
(7) Display the lines of all streets and roads, alley lines, lot lines, lot and
blocks numbered in numerical order, reservations, easements, and any areas to be dedicated to
public use, with notes stating their purpose and any limitations;
(8) Contain data sufficient to determine readily and reproduce on the ground
the location, bearing, and length of every street, easement line, lot line, boundary line and block
line on site;
(9) Include dimensions;
(10) Include section subdivision information. Methods and data used for corner
reestablishment or section subdivision shall be stated on plat;
(11) When applicable, display all interior permanent control monuments
located as determined by the City Engineer's office. All monuments and property corners shall
be installed prior to the release of any bond;
(12) If the subdivision includes a dedication, the following statements shall be
included:
(i) The dedication of all streets and other areas to the public, and
individual or individuals, religious society or societies, or to any corporation, public or private,
as shown on the plat;
(ii) A waiver of all claims for damages against any governmental
authority which may be occasioned to the adjacent land by the established construction, drainage
and maintenance of said road;
(13) Said statements shall be signed and acknowledged before a notary public
by all parties having any interest in the lands subdivided;
(14) Addressing of the individual lots;
(15) Certificate for the approval signatures detailed in BMC 20.12.090;
(16) Treasurer's certificate to ensure payment of taxes; and
(17) Other information requested during the preliminary approval.
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Title 20 BMC Updates
(c) Lot Numbering. Lots shall be consecutively numbered; tracts shall be lettered
alphabetically and in consecutive order.
(d) Plat Certificates. Three (3) plat certificates for the real property shall accompany
the final plat.
(e) Lot Closures. Perimeter lot closures for all lots, tracts, and the exterior boundary
of the subdivision shall accompany the final plat.
(f) Addressing. Addresses of the individual lots shall be obtained from the Public
Works Department.
(g) Dedications. Dedications of right-of-way are pursuant to Chapter 11.12 BMC,
Transportation Development Code.
SECTION S. Chapter 20.42 of the Bremerton Municipal Code entitled
"Definitions" is hereby amended by amending Section 20.42.040(d) to read as follows:
20.42.040 Definitions.
(d) Definitions "D":
"Day care facility" means a facility licensed by the state of Washington and approved by
the City to provide regular care for adults or children for periods of less than twenty-four (24)
hours.
"Deck" means an open platform wider than eighteen (18) inches. A deck may be
freestanding, cantilevered from a building, or connected to the ground with steps or ramps. A
deck that is higher than thirty (30) inches above finish grade may be referred to as a raised deck,
a rooftop deck, a balcony, or other suitable term.
"Density" means a measure of residential concentration, usually expressed as the number
of dwellings per acre of land. For the purposes of calculating allowable densities within this
code, density shall be measured on a "net" basis, whereby unusable areas such as rights -of -way
and lands in public or shared ownership shall be deducted from the overall area in the
calculation. For example, a one hundred and twenty (120) acre area containing twenty (20) acres
of rights -of -way and public lands and three hundred (300) dwellings has a (net) density of three
(3) dwellings per acre (three hundred (300) dwellings/one hundred (100) usable acres). (See also
"Acre, net" and "Acre, gross.")
"Density, maximum" means the maximum number of dwellings allowed per the net
buildable acreage as stated for each zone. Where not specified in a zone chapter, no maximum
density shall apply.
"Density, minimum" means the minimum number of required dwellings per net
buildable acre as stated for each zone. Where not specified in a zone chapter, the associated
Comprehensive Plan land use density applies
. - density shall apply.
"Detached" means any residential structures on the same lot that are not connected and
have a fire separation of no less than six (6) feet as defined in Section R302 of the IRC. For
commercial structures see the International Building Code.
"Detoxification center" means a facility providing for the care and treatment of an
intoxicated person during the period in which the person recovers from the transitory effects of
acute intoxication.
"Development coverage" means that portion of a lot covered by the impervious surface
areas of all structures, and impervious paved areas, such as driveways and walkways.
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Title 20 BMC Updates
"Directional sign" means a permanent sign which is designed solely for the purpose of
directing motor vehicle, pedestrian, bicycle, or other traffic, or individuals toward a specific
destination or route.
"Director" means Bremerton's Director of Community Development and his/her
designee.
"Drinking place" means an establishment selling intoxicating beverages for consumption
on the premises.
"Drive -through facility" means an automobile -oriented component of a permitted use
that includes both service window(s) and a stacking lane designed primarily for drive -through
trade, and which provides service and caters to patrons while in their motor vehicles. (See BMC
20.44.120.)
"Driveway" means a private roadway providing access for vehicles to a parking space,
garage, dwelling, or other structure.
"Duplex" means a structure containing two (2) 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
International Building Code (IBC).
"Dwelling, duplex" means a building designed and arranged exclusively for occupancy
by two (2) families living independently of each other in separate dwelling units.
"Dwelling, modular or factory -built" means buildings or structures that are constructed
primarily in a factory and transported to the site for assembly or installation. All temporary
wheels, axles, and other appliances used in the transport are removed at the destination and the
structure is permanently placed, unless approved as a temporary placement by the City. Such
structures are constructed to the standards of either the International Building Code (IBC) or the
HUD Code. (See also "Manufactured home.")
"Dwelling, multi -unit structure" means a structure containing three (3) or more
dwelling units. (Also referred to as a "multifamily structure.") Multi -unit structures also include:
(1) "Dormitories" means a structure intended principally for sleeping
accommodations, where no individual kitchen facilities are provided, and which is related to an
educational institution or maintained by a nonprofit welfare organization.
"Dwelling, single -unit attached" means two (2) single -unit dwellings (houses) that are
attached at a common side lot line with each dwelling located entirely on its own lot. This does
not include row houses or other housing types having more than two (2) attached units. (See also
"Zero lot line.")
"Dwelling, single -unit structure" means a structure containing one (1) dwelling unit.
(Also referred to as a "single-family dwelling," or a "house.")
"Dwelling, townhouse," for purposes of this code, means a single -unit structure in a row
of at least three (3) or more such units in which each unit has its own access to the outside, no
unit is located over another, and each is separated from any other unit by one (1) or more
common fire-resistant walls.
"Dwelling unit" means a living space or combination of rooms designed to provide
independent year-round living facilities for one (1) family or household, constructed to the
minimum standards of the IBC or HUD Code, and with provisions for sleeping, eating and
sanitation.
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Title 20 BMC Updates
SECTION 6. Chapter 20.42 of the Bremerton Municipal Code entitled
"Definitions" is hereby amended by amending Section 20.42.040(m) to read as follows:
20.42.040 Definitions.
(m) Definitions "M":
"Maintain" means to allow to exist or continue to exist. Also, where the context
indicates, to keep in a safe, neat and clean condition.
"Manufactured home" means a single-family dwelling required to be built in
accordance with regulations adopted under the National Manufactured Housing Construction and
Safety Standards Act of 1974 (42 U.S.C. 5401 et seq.). The unit shall bear an insignia issued by a
state or federal regulatory agency indicating that the manufactured home complies with all
applicable construction standards of the U.S. Department of Housing and Urban Development
(HUD). Commercial coaches, recreational vehicles, travel trailers, and motor homes are neither
manufactured homes nor dwelling units. (See "Mobile home.")
"Marina" means a facility which provides moorage or wet or dry storage for watercraft
or float planes, and which may offer marine -related sales and services.
diagnestie imaging, to gevefmaeat , to I ,
lenses,
"Medical office" and "clinic" means an establishment primarily engaged in providing
medical, dental or other health care services to patients on the premises, but which excludes
facilities for overnight patient care. Medical clinics that do not have facilities for overnight
patient care are included.
"Mini -storage," for the intent of this title, means an accessory business that may contain
office and individual compartmentalized self -storage units, stalls, or lockers which are rented or
leased for the storage of household or business goods, supplies or materials. Mini -storage shall
be an accessory use that is subordinate and incidental to the permitted principal use. (See "Light
industrial/manufacturing" for further clarification of "mini -storage" when it is a primary use).
"Mobile home" means a factory -built dwelling built before June 15, 1976, to standards
other than the National Manufactured Housing Construction and Safety Standards Act of 1974
(42 U.S.C. 5401 et seq.), and acceptable under applicable state codes in effect at the time of
construction or introduction of the home into this state. Mobile homes are accommodated within
some existing mobile home parks, but are not allowed on individual lots. (See "Manufactured
home.")
"Monument sign" means a freestanding sign placed on a base of solid appearance,
wherein the width of the base is equal to at least forty (40) percent of the width of the sign face.
"Motion picture theater" means any premises in which motion pictures are shown as the
principal use of the premises, and wherein fees of any kind are charged, and wherein such
movies are shown on a regular basis.
"Multiple -building complex" means a group of structures housing a combination of
business, office, residential, or other uses, and which shares a common area, access, parking
and/or other facilities.
"Multiple -occupancy building" means a single building housing more than one (1) retail
business, office, commercial venture or other allowed land use.
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Title 20 BMC Updates
"Museum" and "gallery" means a building, room, vessel (boat or ship), or site intended
for the preservation and exhibition of artistic, historical, or scientific objects.
SECTION 7. Chapter 20.42 of the Bremerton Municipal Code entitled
"Definitions" is hereby amended by amending Section 20.42.040(p) to read as follows:
20.42.040 Definitions.
(p) Definitions "P":
"Parcel" means a continuous quantity of land in single ownership or under single control,
consisting of one (1) or more lots, and considered a unit for purposes of development. (See
"Lot.")
"Park," "playground" and "open space" means a site designed, developed, or reserved
for recreational use by the public, such as play areas, community gardens and natural areas.
"Parking, satellite" means a parking lot containing parking stalls required for a
permitted land use which conforms to BMC 20.48.220, but in a loeation not eofAiguous to -Of
abufting the pofmitted land use.
"Parking, structure" means a parking lot in which parking stalls are located either below
grade, or in a multilevel building structure.
"Paved surface" means a surface paved with asphalt, concrete, concrete pavers, brick or
similar durable materials. Low -impact development technologies which provide a hard surface
while allowing for water penetration shall be classified as paved areas. Paved areas do not
include gravel, crushed rock, and similar nonbound materials.
"Personal service" means an establishment engaged primarily in providing services
involving the care of a person, apparel or minor appliances, such as: shoe repairs, laundry and
dry-cleaning, beauty and barber shops, clothing/costume rental, tanning, other personal grooming
facilities and domestic assistance services, and personal computing device or cellular phone
repairs. This does not include massage parlors, health care services, exercise establishments, nor
funeral services.
"Physical fitness and health club" means an establishment primarily engaged in
providing facilities for indoor physical fitness activities and recreation. Physical fitness and
health clubs may include such facilities as gymnasiums, swimming pools, and ball courts.
"Pole sign" means a freestanding sign supported by uprights or braces wherein the width
of the uprights or braces comprises less than forty (40) percent of the width of the sign face.
"Porch" means a roofed open area attached to a building or other structure, usually at an
entrance to the structure. A porch that is enclosed, glazed or screened may lose its status as an
appurtenance.
"Portable sign" means any sign designed to be moved easily and not permanently
affixed to the ground or to a structure or building. A -frame or sandwich board signs, movable
readerboard signs, and signs that are mounted, attached or painted on a trailer, boat or motor
vehicle which is parked, stored or displayed conspicuously in a manner intended to attract the
attention of the public are examples.
"Premises" means contiguous land in the same ownership or control not divided by a
street or public right-of-way.
"Private club or lodge" means structures, facilities and grounds owned or operated by a
private or fraternal organization for use by its members and guests.
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Title 20 BMC Updates
"Projecting sign" means a sign, other than a wall sign, which is attached to and projects
from a structure or building facade and the face(s) of which is not parallel to the building's
facade. This sign may be supported by a structure in addition to its building or wall support.
"Public administration" means services and facilities operated by public agencies and
serving a community need, and generally including staffed facilities or office spaces. These
include government offices, post offices, satellite police and fire station, and other public
buildings.
"Public distribution/transmission facility" means the infrastructure lines and
connections employed in the delivery and conveyance of utility services. Distribution facilities
include equipment such as pipes, wires, cables and similar equipment necessary for delivering
utilities including water, sewer, electricity, gas, broadband, and other services. Publicly owned
utilities as well as privately owned utilities that serve the general public are included. (See also
"Public utility facility.")
"Public information/identification sign" means a sign intended solely to inform the
public of events or activities of community interest, to identify the entrance to or exit from the
City or a district or neighborhood within the City, and which does not include the advertising of
any business, product or service of a commercial nature, nor any logo, symbol, or other
indication of a commercial message or sponsorship.
"Public services" means services provided for the benefit of the general public, including
fire protection and suppression, law enforcement, public health, education, information,
recreation, environmental protection, development assistance/permitting, etc.
"Public utility facility" means facilities provided for the benefit of the general public
related to infrastructure and utilities. These include structures and equipment such as transfer
stations, substations, pumping stations, distribution mains, wells, and related utility facilities and
the structures that house them. Publicly owned utilities as well as privately owned utilities that
serve the general public are included. (See also "Public distribution facility.")
SECTION 8. Chapter 20.42 of the Bremerton Municipal Code entitled
"Definitions" is hereby amended by amending Section 20.42.040(t) to read as follows:
20.42.040 Definitions.
(t) Definitions "T":
"Temporary sign" means a sign that is not permanently affixed, and which is intended
for short-term use, such as to advertise a specific activity such as a special promotion, sale, or
fundraising event. For the purposes of this code, temporary signs are those displayed for between
seven (7) and sixty (60) days.
"Townhouse". See "Dwelling, townhouse."
"Transient person" means a temporary lodger who stays no longer than thirty (30) days
per visit.
,
"Transportation Facility." A transportation facility or multi -modal station means a
dedicated transit facility where several transit routes converge including transit stations transit
stops taxicab stands transportation services bicycle facilities battery changing stations electric
vehicle charging stations, and similar. The transportation facility shall be owned leased or
10
Title 20 BMC Updates
endorsed by a public transit authority for the purpose of providing public transportation services
A transportation facility is designed to accommodate several buses or multiple modes of transit
that allows users to easily transfer between transit routes or modes A transportation facility may
provide transit passenger covered shelters and waiting areas restrooms and access for transit
modes including buses, taxis and drop-off, and park and rides.
SECTION 9. Chapter 20.42 of the Bremerton Municipal Code entitled "Definitions" is
hereby amended by amending Section 20.42.040(w) to read as follows:
20.42.040 Definitions.
(w) Definitions "W":
"Wall sign" means a sign attached directly to or erected against the wall of a building
with the face parallel to the facade of the building and extending no more than twelve (12) inches
from the wall.
"Warehousing" means establishments involved in the storage and/or sale of bulk goods
for resale or assembly, including wholesaling. This does not include establishments offering the
sale of bulk goods to the general public, which may be classified as large retail.
"Worship and religious facility" means a building or structure primarily intended as a
place for public worship and related activities such as religious education, meeting halls, and
kitchens, or places for personal worship or meditation. It does not include , pafoeWal
sehe ls, day " e f4eili es, "' ' &iliti , vehicle or equipment storage yards, or
ovn
other functions that are not clearly a necessary or integral part of the religious institution.
SECTION 10. 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 IL 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 �i��L(Q,I� , 2018.
ERIC YOUNG , Co President
Approved this day of �� 2018.
Greg ler, Mayor
ATTEST:
11
APPROVED AS TO FORM:
Title 20 BMC Updates
SHANNON CORIN, City Clerk
ROGER A. LUBOVICH, City Attorney
PUBLISHED the day of ���( , 2018.
EFFECTIVE the d y of 4L 164 , 2018.
ORDINANCE NO. 5S
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Title 20 BMC Updates
Exhibit A: Planning Commission
Findings and Conclusions
Exhibit A
FINDINGS AND CONCLUSIONS
OF THE CITY OF BREMERTON PLANNING COMMISSION
Summary:
Amendments to BMC 20.12, relating to Subdivision Regulations and BMC 20.42, relating to Definitions.
Changes include revising the final formal subdivision process, and revising select definitions.
1. FINDINGS OF FACT
1. Project Description:
Proposed amendments to Title 20 of the Bremerton Municipal Code related to:
1) Revise final formal subdivision approval process from a City Council decision to an
administrative Directors decision.
2) Revise minimum density definition in order to conform to densities identified in the
Comprehensive Plan.
3) Remove medical laboratory definition from the definitions section.
4) Revise satellite parking definition for clarity with referenced code section.
5) Revise transportation facility definition to clarify intended publicly controlled intent of code.
6) Revise worship and religious facility definition to include uses typically associated with worship
and religious facilities.
2. Procedural History:
2.1 Planning Commission Workshops: November 28, 2017
2.2 SEPA Threshold Determination DNS: December 14, 2017
2.3 Washington State Department of Commerce Notice: December 11, 2017
2.4 Notice of Planning Commission Public Hearing: January 12, 2018
2.5 Planning Commission Public Hearing: January 22, 2018
3. Public and Agency Comment:
3.1 November 28, 2017 Workshop:
• None
3.2 January_22 2018 Public Hearing
4. SEPA Determination:
A Determination of Non -Significance was issued on December 11, 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:
H4: Implement and coordinate strategies that promote public and private efforts to
facilitate improvements to the housing stock.
H4(D): Encourage efficient permit review by eliminating unnecessary regulatory
impediments, improving certainty in development regulations, and provide an
expedited permit process.
H4(F): Promote increased housing density to provide a broader customer base for more
affordable public services including utilities.
ED4: Recognize the relationship between transportation and economic development
by working collaboratively with other governmental agencies to improve multi -
modal transportation options and routes.
(2) It does not conflict with other City, state and federal codes, regulations and ordinances.
Analysis. The proposed amendments do not conflict with any other regulations.
II. CONCLUSIONS & RECOMMENDATION
Based on the findings above, the Planning Commission concludes that the proposed amendments to
the Bremerton Municipal Code Title 20 Land Use Chapter, meets the requirements in BMC
20.18.020(d) text amendments, and therefore recommends to the City Council, the adoption of
amendments to Title 20.
Ifully submitted by:
r
L. Sp4ncer, Executive Secretary Rick Tift, 4air V/
K
AFFIDAVIT OF PUBLICATION
Account #342133 AD41936911
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
February 27, 2018
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 $47.36. This amount has not been paid in full.
iz�
(Signature of Principal Clerk)
Subscribed and sworn to before me this day of February 27, 2018.
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ORDINANCE NO.5345
AN ORDINANCE of the City
Council of the City of Bremerton,
Washington, amending Title
20 of the Bremerton Municipal
Code entitled "land Use."
PASSED by the City Council on
the 21st day of February, 2018.
The full text of this ordinance
is available from the City
Clerk's Office, 345 Sixth Street,
Suite 100, Bremerton, WA 98337.
FEB. 27, 2018 AD# 1936911