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HomeMy WebLinkAbout02 bremerton1003_supp2SUPPLEMENT DIRECTIONS BREMERTON MUNICIPAL CODE Supplement No. 2 – October 2003 New, reprinted pages included with this supplement are listed by title and page number in the right-hand column below. The left-hand column lists obsolete material which should be removed from the code. Follow the instruction columns in sequence: remove and replace pages as necessary. When completed, insert these directions in a convenient place near the front of the code book. For future reference, the person making these changes may also date and initial this page. This supplement includes all legislation passed up to and including Ordinance 4865, passed August 20, 2003. Remove these pages Insert these pages Title 2 Table of Contents .......................... Table of Contents — ..................................................................... 2.03-1 Title 3 Table of Contents .......................... Table of Contents 3.01-1 – 3.01-2 .................................. 3.01-1 – 3.01-2 3.01-A1 – 3.01-A3 ...................... 3.01-A1 – 3.01-A2 3.01-B1 ......................................................... 3.01-B1 — ...................................................... 3.74-1 – 3.74-2 Title 5 Table of Contents .......................... Table of Contents 5.03-1 – 5.03-3 .................................. 5.03-1 – 5.03-3 5.10-1 – 5.10-3 ....................................................... — 5.12-1 – 5.12-2 ....................................................... — 5.25-1 ..................................................................... — 5.30-1 – 5.30-2 ....................................................... — 5.38-1 ..................................................................... — 5.42-1 ..................................................................... — 5.46-1 – 5.46-2 ....................................................... — 5.48-1 ..................................................................... — 5.54-1 – 5.54-4 ....................................................... — 5.60-1 ..................................................................... — 5.76-1 ..................................................................... — 5.80-1 – 5.80-2 ....................................................... — 5.84-1 ..................................................................... — 5.98-1 ..................................................................... — 5.99-1 ..................................................................... — (Revised 10/03) Updated by: _______ Dated: ____________ Remove these pages Insert these pages Title 9 Table of Contents .......................... Table of Contents —..................................................................... 9.20-1 —..................................................................... 9.34-1 Title 10 Table of Contents .......................... Table of Contents 10.08-1 ...................................................................— 10.09-1 – 10.09-2 ...................................................— 10.10-1 ........................................... 10.10.1 – 10.10-4 —.................................................... Appendix: 020-1 —.................................................... Appendix: 060-1 10.11-1 – 10.11-2 .......................... 10.11-1 – 10.11-2 Title 11 Table of Contents .......................... Table of Contents 11.02-3 – 11.02-4 ....................... 11.02-3 – 11.02-4.1 11.08-1 – 11.08-3 .......................... 11.08-1 – 11.08-3 11.10-1 – 11.10-2 .......................... 11.10-1 – 11.10-2 —.................................................. 11.12-1 – 11.12-8 Title 13 13.10-1 – 13.10-3 .......................... 13.10-1 – 13.10-3 Title 15 15.01-7 ........................................................... 15.01-7 Title 21 Table of Contents .......................... Table of Contents 21.02-1 – 21.02-2 ....................... 21.02-1 – 21.02-2.1 21.02-21 – 21.02-28 ............... 21.02-21 – 21.02-28.8 Appendix: 152(b)-1 .................... Appendix: 152(b)-1 21.06-1 – 21.06-2 .......................... 21.06-1 – 21.06-2 Tables 1 ............................................................................... 1 Please call Code Publishing Company (206-527-6831) should questions arise while removing and replacing supplement pages. (Revised 10/03) (Revised 10/03) Title 2 ADMINISTRATION AND PERSONNEL Chapters: 2.02 CITY BUSINESS HOURS 2.03 MAYOR 2.04 CITY COUNCIL 2.05 DEPARTMENTS AND DIRECTORS 2.06 OFFICE OF THE CITY ATTORNEY 2.07 ECONOMIC DEVELOPMENT DEPARTMENT 2.08 ADMINISTRATIVE SERVICES DEPARTMENT 2.09 FINANCE DEPARTMENT 2.10 DEPARTMENT OF PUBLIC WORKS AND UTILITIES 2.11 TRAFFIC SAFETY COMMISSION 2.12 PLANNING COMMISSION 2.13 ADMINISTRATIVE HEARING EXAMINER 2.14 INVESTMENT COMMITTEE 2.15 DEPARTMENT OF COMMUNITY DEVELOPMENT 2.16 FIRE DEPARTMENT 2.17 PARKS AND RECREATION DEPARTMENT 2.18 AUDIT COMMITTEE AND CITY AUDITOR 2.19 POLICE DEPARTMENT 2.20 BONDS FOR OFFICERS 2.22 HUMAN RESOURCES DEPARTMENT 2.26 EMERGENCY MANAGEMENT ORGANIZATION 2.28 EQUAL EMPLOYMENT OPPORTUNITY PROGRAM 2.30 OFFICE OF CIVIL SERVICE 2.46 EMPLOYEE AWARD PROGRAM 2.48 EMPLOYEES IN MILITARY 2.50 MANAGEMENT AND PROFESSIONAL STAFF COMPENSATION PROGRAM 2.62 BREMERTON MUNICIPAL COURT 2.76 PURCHASING PROCEDURES 2.78 REAL PROPERTY TRANSACTIONS 2.79 PERSONAL PROPERTY DISPOSAL 2.88 DISABILITY ACTION COMMITTEE 2.90 INDEMNITY OF PERSONNEL 2.92 OFFICE OF RISK MANAGEMENT AND SAFETY 2.96 CODE OF ETHICS 2.98 BREMERTON RESERVE OFFICER BOARD OF TRUSTEES 2.100 PUBLIC ACCESS CITIZENS ADVISORY COMMITTEE 2.03-1 (Revised 10/03) CHAPTER 2.03 MAYOR Sections: 2.03.010 COMPENSATION. 2.03.010 COMPENSATION. Beginning January 1, 2003, the Mayor of the City shall receive a base salary of eighty-two thousand seven hundred ninety-six dollars ($82,796) per year plus benefits and annual cost of living increases, if any, as provided to the management and professional employees of the City pursuant to Chapter 2.50 BMC. (Ord. 4864 §2, 2003) (Revised 10/03) Title 3 REVENUE AND FINANCE Chapters: 3.01 RATES AND FEES 3.02 BUDGET STRUCTURE AND POLICY 3.04 LOCAL IMPROVEMENT GUARANTY FUND 3.06 PUBLIC ACCESS TELEVISION FUND 3.08 CLAIMS FUND 3.10 CONFERENCE CENTER FUND 3.24 ARTERIAL STREET FUND 3.25 PARK DEVELOPMENT FUND 3.26 GIFT AND DONATION FUND 3.28 ADMINISTRATIVE TRUST FUND 3.30 RISK MANAGEMENT FUND 3.36 CONTINGENCY RESERVE FUND 3.38 DISCRETIONARY RESERVE FUND 3.40 CURRENT WATER FUND 3.42 STORMWATER OPERATING FUND 3.44 ADMISSIONS TAX 3.46 SALES OR USE TAX 3.48 BUSINESS AND OCCUPATION TAXES 3.50 UTILITY TAXES 3.52 MOTOR VEHICLE EXCISE TAX 3.56 FISCAL AND CREMATION AGENT 3.64 CIVIC IMPROVEMENT FUND 3.65 REPAIR AND DEMOLITION FUND 3.68 EQUIPMENT RENTAL RESERVE FUND 3.72 GAMBLING TAX 3.74 AMUSEMENT DEVICES 3.76 MOTOR VEHICLE lNTOXICATlON FUND 3.80 LEASEHOLD EXCISE TAX 3.82 COMMERCIAL PARKING TAX 3.84 EXCISE TAX ON REAL ESTATE SALES 3.86 ADMINISTRATIVE PROVISIONS FOR TAXES 3.88 WASTEWATER OPERATING FUND 3.96 DEFERRED COMPENSATION FUND 3.99 PENDERGAST REGIONAL PARK CONSTRUCTION FUND 3.01-1 (Revised 10/03) Chapter 3.01 RATES AND FEES Sections: 3.01.010 INCORPORATION OF RATE TABLES. 3.01.020 ADMINISTRATIVE SERVICES - RATE TABLE A. 3.01.030 MUNICIPAL COURT - RATE TABLE B. 3.01.040 COMMUNITY DEVELOPMENT - RATE TABLE C. 3.01.050 POLICE DEPARTMENT - RATE TABLE D. 3.01.060 FIRE DEPARTMENT - RATE TABLE E. 3.01.070 PARKS AND RECREATION DEPARTMENT - RATE TABLES F AND F1. 3.01.080 PUBLIC WORKS AND UTILITIES - RATE TABLE G. 3.01.090 RATE ADJUSTMENTS. 3.01.095 CPI ADJUSTMENT. 3.01.100 NON-RESIDENTIAL USE OF CITY SERVICES. 3.01.010 INCORPORATION OF RATE TABLES. The following Rate Tables A-G attached hereto are incorporated herein by this reference and hereby adopted. Where the City has adopted State codes pursuant to Chapters 17.04 and 18.02 of the Bremerton Municipal Code, State rates listed for the Uniform Building, Plumbing, Mechanical and Fire Codes are adopted as city rates as listed in Tables C and E and are subject to uniform rate changes made by the State. (Ord. 4730, Reaffirmed, 11/30/2000; Ord. 4677, Added, 12/11/1999) 3.01.020 ADMINISTRATIVE SERVICES - RATE TABLE A. Regulatory License Fees Business License Fees Parking Fees Document Reproduction Check Handling Fee (Ord. 4859 Exh. A, 2003; Ord. 4835, Amended, 12/20/2002; Ord. 4807, Amended, 06/28/2002; Ord. 4803, Amended, 05/03/2002; Ord. 4730, Reaffirmed, 11/30/2000; Ord. 4677, Added, 12/11/1999) 3.01.030 MUNICIPAL COURT - RATE TABLE B. Hearing Examiner Appeal Parking Fines (Ord. 4865 Exh. A, 2003; Ord. 4835, Amended, 12/20/2002; Ord. 4730, Reaffirmed, 11/30/2000; Ord. 4677, Added, 12/11/1999) 3.01.040 COMMUNITY DEVELOPMENT - RATE TABLE C. Zoning Comprehensive Plan Shoreline Master Program State Environmental Policy Act (SEPA) Site Plan Review Appeal Abatements Building Permits Mechanical Permits Plumbing Permits (Ord. 4730, Reaffirmed, 11/30/2000; Ord. 4677, Added, 12/11/1999) 3.01.050 POLICE DEPARTMENT - RATE TABLE D. Traffic Accident Reports Fingerprints Criminal History Check Verification Letter for Lost or Stolen Property Photo Prints Licenses for Dogs and Cats Alarm Compliance Fee Service Fee for Anti-Harassment Order Service of Arrest Warrants and Subpoenas (Ord. 4810, Amended, 09/14/2002; Ord. 4807, Amended, 06/28/2002; Ord. 4730, Reaffirmed, 11/30/2000; Ord. 4677, Added, 12/11/1999) 3.01.060 FIRE DEPARTMENT - RATE TABLE E. Ambulance Transport Fee Fire Rescue Boat Response Hazard Materials Response Stand-By Time Active Firefighting False Alarm Fee Sprinkler/Fire Alarm Plans (Ord. 4835, Amended, 12/20/2002; Ord. 4730, Reaffirmed, 11/30/2000; Ord. 4677, Added, 12/11/1999) (Revised 10/03) 3.01-2 3.01.070 PARKS AND RECREATION DEPARTMENT - RATE TABLES F AND F1. Facility Use Rental Rates Sheridan Community Center Bremerton Sr. Citizens Center Jarstad Aquatic Center Evergreen Park Shelters Athletic Field Blueberry Park - Pea Patch Program Fees and Charges Jarstad Aquatic Center Athletic Programs Bremerton Sr. Citizens Center/Recreation Programs Ivy Green Cemetery Gold Mountain Golf Complex (Ord. 4835, Amended, 12/20/2002; Ord. 4803, Amended, 05/03/2002; Ord. 4730, Reaffirmed, 11/30/2000; Ord. 4728, Reaffirmed, 11/30/2000; Ord. 4677, Added, 12/11/1999; Ord. 4674, Amended, 11/30/1999) 3.01.080 PUBLIC WORKS AND UTILITIES - RATE TABLE G. Right-of-Way Permits Right-of-Way Vacation (Ord. 4835, Amended, 12/20/2002; Ord. 4730, Reaffirmed, 11/30/2000; Ord. 4677, Added, 12/11/1999) 3.01.090 RATE ADJUSTMENTS. The adjustment of any rate or fee may be deferred by the City Council by the passage of an ordinance at least sixty (60) days in advance of the date on which the rate or fee was scheduled to increase. (Ord. 4730, Reaffirmed, 11/30/2000; Ord. 4677, Added, 12/11/1999) 3.01.095 CPI ADJUSTMENT. In addition to such other changes as may be approved by City Council, commencing January 1, 2003, and in January of each successive year thereafter, the 2002 Rates and Fees established above shall automatically be adjusted based upon the Consumer Price Index for all Urban Consumers (CPI-U), U.S. City Average, as published by the Bureau of Labor Statistics for the year ending June 30 of the prior year. In addition to such other changes as may be approved by City Council, commencing January 1, 2006 and on January 1st of each successive year thereafter, the Greens Fees established above shall automatically be adjusted based upon the Consumer Price Index for all urban Consumers (CPI-U), U.S. City Average, as published by the Bureau of Labor Statistics for the year ending June 30 of the prior year. (Ord. 4730, Reaffirmed, 11/30/2000; Ord. 4728, Reaffirmed, 11/30/2000; Ord. 4677, Added, 12/11/1999; Ord. 4674, Amended, 11/30/1999) 3.01.100 NON-RESIDENTIAL USE OF CITY SERVICES. Non-city residents shall pay the rates shown on Rate Table F multiplied by 20% with the exception of daily admission fees and merchandise for sale. (Ord. 4731, Reaffirmed, 11/30/2000; Ord. 4678, Added, 12/11/1999) ADMINISTRATIVE SERVICES – RATE TABLE A All Rates Listed Are “Not To Exceed” Fees 3.01-A1 (Revised 10/03) ADMINISTRATIVE SERVICES REGULATORY LICENSE FEES 2003 RATE BMC 18.06 Ambulance Services Ambulance Inspections $60/veh BMC 5.17 Charitable Solicitation Non-Profit $25/60 days Professional Fundraiser $675/60 days BMC 5.22 Dance/Public $265/yr or $70/30 days BMC 5.96 Erotic Dance Studios $700/yr Dancers $100/yr BMC 9.48 Fireworks Stands $100/stand/yr BMC 10.24 Housemoving/Oversize Loads $600+$65/mile to .10 of a mile BMC 5.16 Mobile Food Vendor $150/veh/yr BMC 5.16 Peddlers $75/yr or $25/30 days BMC 5.04 Petshops Grooming Parlors Animal Welfare Facilities $150/yr $50/yr $50/yr BMC 5.36 Special Events: Profit $675/event Non-Profit $70/event BMC 5.20 Street/Sidewalk Vendors $250/yr BMC 5.16 Temporary Merchant $400/30 days BUSINESS LICENSE FEE 2003 RATE BMC 5.02 $55/yr PARKING 2003 RATE On-Street Locations Not to Exceed $20/3 hrs $30/10 hrs (Revised 10/03) 3.01-A2 PARKING 2003 RATE Off-Street Location Not to Exceed $20/3 hrs $30/10 hrs Parking Garage Not to Exceed $100/mo DOCUMENT REPRODUCTION FEES 2003 RATE Per Page $.15/pg Audio or Video Tapes Cost of Tape +$8.50 Computer Disks $8.50 Certification $3.50 Blue Prints – Aerial Photos, Drawings, Maps $8/pg Documents: Medical Records $19/1st 5 pages $.83/Pgs 6-31 $.63/Pgs 31+ Fire Reports $.15/pg Budget $25 Annual Report $25 CHECK HANDLING FEE $40 ADMINISTRATIVE HEARING EXAMINER APPLICATION OR APPEAL $150 MUNICIPAL COURT – RATE TABLE B All Rates Listed Are “Not To Exceed” Fees (Revised 10/03) 3.01-B1 Municipal Court 2003 RATE HEARING EXAMINER APPEAL $65 PARKING FINES Overtime or Non-Payment in Collection Devices: 1st Violation in 30 Days $25 2nd Violation in 30 Days $32 3rd Violation in 30 Days $56 Loading Zones $17 No Parking $45 Wrong Way $45 Parked on Sidewalk $56 Fire Hydrant $45 12" From Curb $10 Physically Disabled (Public and Private) $250 Counterfeiting or User of Counterfeit Permits, Tokens or Script $500 Unauthorized Use of Permits $150 All Other Infractions Not Specified Above $27 Replacement of Parking Permit $10 Blocked Driveway $45 Expired Tabs $45 30 Foot to Stop Sign $45 Double Parked $45 No Stopping/No Standing $45 Parking Capacity Survey $250 3.74-1 (Revised 10/03) Chapter 3.74 AMUSEMENT DEVICES Sections: 3.74.010 ADMINISTRATIVE PROVISIONS. 3.74.020 DEFINITIONS. 3.74.030 SHOOTING GALLERIES UNLAWFUL. 3.74.040 LICENSE - REQUIRED. 3.74.050 AMUSEMENT DEVICE TAX. 3.74.060 DISPLAY OF OWNER’S NAME AND ADDRESS ON AMUSEMENT DEVICE REQUIRED. 3.74.010 ADMINISTRATIVE PROVISIONS. The provisions contained in Chapter 3.86 BMC shall be fully applicable to the provisions of this chapter except as expressly stated to the contrary herein. (Ord. 4859 §5 (in part), 2003) 3.74.020 DEFINITIONS. For the purposes of this chapter, the definitions contained in Chapter 3.48 BMC shall apply to the provisions of this chapter as applicable unless the term is defined otherwise in this chapter. In addition, the following definitions will apply: (a) “Amusement device” means a game or device which is primarily a game of skill, including, but not limited to, games or devices requiring hand-eye coordination and/or intellectual processes, wherein achieving high scores in playing the game is determined by the skill of the players and not as a result of chance or an element of chance as a part of the game. Amusement devices may confer only an immediate and unrecorded right of replay to the players. This includes, but is not limited to, pool and billiard tables, shuffleboards, music machines, video games, pinball games, riding devices, televisions and devices for display of pictures or views on film; provided, that it does not mean or include any machine or twice used exclusively for the vending of merchandise. (b) “Amusement device owner” means a person, corporation or firm who has legal title to an amusement device, as defined in subsection (a) of this section, or who as a purchaser is entitled to possession under a retained title contract, conditional sales agreement, vendor ’s lien agreement or other purchase agreement of an amusement device, as defined in subsection (c) of this section. (c) “Penny arcade” means a place of business established chiefly for the amusement of its customers by the use of amusement devices and/or other types of coin- operated devices. (d) “Shooting gallery” means a place of public amusements where bullets, arrows or projectiles of any kind may be shot, thrown in any manner or by the use of any type of force or power, projected at targets, upon payment of a fee or charge, or for other consideration. Exempted from this definition are establishments that provide electronic dart games. (Ord. 4859 §5 (in part), 2003; Ord. 4047 §1, 1986. Formerly 5.80.010) 3.74.030 SHOOTING GALLERIES UNLAWFUL. Because of the hazard to the public and in the interest of public peace, health and safety, it is unlawful to operate a shooting gallery or galleries in the city. (Ord. 4859 §5 (in part), 2003; Ord. 4047 §2, 1986. Formerly 5.80.020) 3.74.040 LICENSE - REQUIRED. It is unlawful for any person, firm or corporation to own and/or operate any amusement device for commercial purposes without having first obtained and being the holder of a valid city business license pursuant to the terms and conditions set forth in Chapter 5.02 of this code. (Ord. 4859 §5 (in part), 2003; Ord. 4047 §3(a), 1986. Formerly 5.80.030) 3.74.050 AMUSEMENT DEVICE TAX. (a) Any person, firm or corporation which owns any amusement device for commercial purposes shall be required to remit to the city a tax which shall be equal to the gross receipts derived therefrom multiplied by the rate of two percent (2%). (b) The tax shall be payable in quarterly installments on or before the thirtieth day of the month following the end of the calendar quarter. (c) The tax remittance, as herein provided, shall be accompanied by an amusement device location schedule every calendar quarter. (d) In the event that the amusement device tax is not paid on or before the due date, there shall be added to the amount due a penalty fee as follows: (1) One (1) through thirty (30) days, ten percent (10%) of tax due, minimum penalty of three dollars ($3.00); (2) Thirty-one (31) through sixty (60) days, fifteen percent (15%) of tax due, minimum penalty of four dollars ($4.00); (3) Sixty-one (61) or more days, twenty percent (20%) of tax due, minimum penalty of five dollars ($5.00). (e) In addition to this penalty, the city treasurer may charge the taxpayer interest of one percent (1%) of all taxes and fees due for each thirty (30) day period or portion thereof that such amounts are past due. (Revised 10/03) 3.74-2 (f) Failure to make payment in full of all tax amounts and penalties within sixty (60) days following the day the tax amount initially became due shall be both a civil and criminal violation of this section. (Ord. 4859 §5 (in part), 2003; Ord. 4047 §3(b), 1986. Formerly 5.80.040) 3.74.060 DISPLAY OF OWNER’S NAME AND ADDRESS ON AMUSEMENT DEVICE REQUIRED. (a) It is a violation of this chapter for the owner of any amusement device to fail to display his/her name and current address on each amusement device when in use or available for use or play. (b) It is unlawful for the owner, operator, manager, or other person in charge of any place or location to permit or allow to be used or played in such place any amusement device not having attached thereto the name and current address of the owner of the amusement device. (Ord. 4859 §5 (in part), 2003; Ord. 4047 §4, 1986. Formerly 5.80.050) (Revised 10/03) Title 5 BUSINESS LICENSES AND REGULATIONS Chapters: 5.02 GENERAL BUSINESS LICENSES 5.03 GENERAL PROVISIONS FOR REGULATORY LICENSES 5.04 COMMERCIAL PET FACILITIES, GROOMING PARLORS AND ANIMAL WELFARE FACILITIES 5.16 TEMPORARY MERCHANTS, PEDDLERS AND MOBILE FOOD VENDORS 5.17 CHARITABLE SOLICITATION 5.20 STREET/SIDEWALK VENDORS 5.22 PUBLIC DANCES 5.36 SPECIAL EVENTS 5.88 BURGLAR ALARMS 5.96 EROTIC DANCE STUDIOS 5.03-1 (Revised 10/03) Chapter 5.03 GENERAL PROVISIONS FOR REGULATORY LICENSES Sections: 5.03.010 PURPOSE. 5.03.020 ADMINISTRATIVE PROVISIONS. 5.03.030 DEFINITIONS. 5.03.040 LICENSE REQUIRED - APPLICATIONS. 5.03.050 LICENSE ISSUANCE - FEES. 5.03.060 GROUNDS FOR DENIAL OR REVOCATION OF LICENSE. 5.03.070 DENIAL AND REVOCATION - PROCEDURE. 5.03.080 FACILITY STANDARDS. 5.03.090 OPERATING REQUIREMENTS. 5.03.100 SALE OR TRANSFER OR CHANGE OF LOCATION. 5.03.110 APPLICABILITY. 5.03.120 RULE MAKING. 5.03.130 ADDITIONAL LICENSES. 5.03.140 UNLAWFUL - VIOLATIONS AND PENALTIES. 5.03.010 PURPOSE. (a) It is expressly the purpose of this chapter to regulate and license certain business activities which may be injurious to public health and safety and which may affect the social well-being of the City and its residents. (b) This chapter is not intended to create or otherwise establish or designate any particular class or group of persons who will or should be especially protected or benefitted by the terms of this chapter. (c) It is the specific intent of this chapter to place the obligation of complying with its requirements upon the license holder or applicant for a license. No provision of, nor term used in, this chapter is intended to impose any mandatory duty upon the City or any of its officers or employees. (d) Nothing contained in this chapter is intended to be nor shall be construed to create or form the basis for any liability on the part of the City, or its officers, employees or agents, for any damage resulting from the failure of the license holder or applicant for a license to comply with the provisions of this chapter, or by reason of or in consequence of any act or omission in connection with the implementation or enforcement of this chapter on the part of the City by its officers, employees or agents. (Ord. 4859 §3 (in part), 2003; Ord. 4162 §1, 1988) 5.03.020 ADMINISTRATIVE PROVISIONS. The provisions contained in Chapter 3.86 BMC shall be fully applicable to the provisions of this chapter except as expressly stated to the contrary herein. (Ord. 4859 §3 (in part), 2003; Ord. 4162 §1, 1988) 5.03.030 DEFINITIONS. For the purposes of this chapter, the definitions contained in Chapter 3.48 BMC shall apply equally to the provisions of this chapter as applicable unless the term is defined otherwise in this chapter. (Ord. 4859 §3 (in part), 2003) 5.03.040 LICENSE REQUIRED - APPLICATIONS. The provisions of this chapter shall apply whenever a regulatory license is required by a chapter in this title. The licensee shall be the person or entity who owns the business. Where the license applicant is a corporation, the term “applicant” shall include principal officers and managers. Where the license applicant is a partnership, the term “applicant” shall include principal partners and managers. Each applicant shall provide, at a minimum, the following information: (a) True name and any assumed names or aliases used. (b) Home address and telephone number. (c) Sex, weight, height, color of eyes and hair. (d) Date of birth. (e) Social Security number. (f) A copy of applicant’s identification which must include some form of picture identification, i.e., a driver ’s license or Washington State identification card. (g) The business occupation and/or employment history of the applicant for the five (5) years immediately preceding the date of application. (h) Residence address(es) of the applicant for the five (5) years preceding the date of application. (i) The business name, business address, and telephone number of the proposed business. (j) A listing and explanation of all services to be provided. (k) A description of any other business activity to be conducted on the premises or adjoining premises owned and controlled by the applicant. (l) The principal enterprise of the business if different from the activity being licensed. (m) Whether the applicant has ever been convicted, forfeited bail, or pled guilty to any crime, excluding minor traffic offenses. If so, state the charge and the nature of the crime, the name and location of the convicting court and the disposition thereof. (Revised 10/03) 5.03-2 (n) Written declaration by the applicant under penalty of perjury, that the foregoing information contained in the application is true and correct, said declaration being duly stated and signed. (o) Such other relevant identification and information necessary as the City Clerk may reasonably require to discover the truth of statements made in the application. (p) Authorization for the City, its agents and employees to seek information and conduct an investigation into the truth of the statements set forth in the application and the qualifications of the applicant for the license. (Ord. 4859 §3 (in part), 2003; Ord. 4162 §1, 1988) 5.03.050 LICENSE ISSUANCE - FEES. (a) Application must be received by the City Clerk at least three (3) weeks prior to issuance. (b) License fees will be due upon application. The City Council shall establish appropriate fees pursuant to Chapter 3.01. (Ord. 4859 §3 (in part), 2003; Ord. 4162 §1, 1988) 5.03.060 GROUNDS FOR DENIAL OR REVOCATION OF LICENSE. In addition to the other penalties provided by law, any regulatory license issued under the provisions of this title may be denied or revoked pursuant to the provisions of this chapter at any time, where: (a) The required information has not been provided or the correct license fee has not been tendered to the City and in the case of a check or bank draft, not honored with payment upon presentation. (b) The application is not in compliance with Federal, State or local laws. (c) The license was procured by fraud, false representation or material omission of fact, or for the violation of or failure to comply with any of the provisions of this title by the person holding such license, or any of his servants, agents or employees, while acting within the scope of their employment. (d) The licensee or employee of the licensee violates any of the provisions of the applicable chapter under this title or any applicable City, State or Federal law, including, but not limited to, Chapters 3.48, 3.50, 3.86 and 5.02 BMC, or the purpose for which the license was issued is being abused to the detriment of the public, or such license is being used for a purpose different from that for which it was issued. (e) The licensee submits a false or fraudulent City tax return or makes a false statement on any City tax return. (f) The licensee fails to pay any license fee or tax to the City when due including, but not limited to, any taxes pursuant to BMC Title 3. (g) The licensee or employee has been convicted of a crime involving the business. (h) The applicant is not eighteen (18) years of age or older. (Ord. 4859 §3 (in part), 2003; Ord. 4162 §1, 1988) 5.03.070 DENIAL AND REVOCATION - PROCEDURE. (a) Any application for the issuance or renewal of a license issued under this title may be denied, or any license issued under this title may be revoked based on one or more of the grounds set forth in BMC 5.03.060. (b) The Director, or designee, (“Director”) having the authority to issue said license shall have the power and authority to deny the issuance of or revoke any license issued under the provisions of this title. The Director shall notify such licensee in writing by certified mail or personal service of the denial or revocation of his or her license application or license and the grounds therefor. (c) Any applicant or licensee may, within fourteen (14) calendar days from the date that the denial or revocation notice was mailed to the applicant or licensee, appeal from such denial or revocation by filing a written notice of appeal setting forth the grounds therefor with the Administrative Hearing Examiner pursuant to Chapter 2.13 BMC. A filing fee as set forth in Chapter 3.01 BMC shall be submitted with the appeal, which filing fee is required to process the appeal. The hearing shall be conducted in accordance with the procedures for hearing contested cases set out in Chapter 2.13 BMC. After the hearing thereon the Administrative Hearing Examiner shall, after appropriate findings of fact, and conclusions of law, affirm, modify, or overrule the denial or revocation and order issuance or reinstatement of the license, and may impose any terms thereupon. (d) No renewal or revocation of a license issued pursuant to the provisions of this chapter shall take effect until fourteen (14) calendar days after service of the notice thereof by the Director, and if the appeal is timely filed, the renewal or revocation shall be stayed pending final action by the Administrative Hearing Examiner. All licenses which are revoked shall be surrendered to the City on the effective date of such revocation. (e) The decision of the Administrative Hearing Examiner shall be final. The applicant or licensee and/or the City may seek review of the decision by the Superior Court of Washington in and for Kitsap County within twenty-one (21) calendar days from the date of the decision. If review is sought as herein prescribed the renewal or revocation shall be stayed pending final action by the Superior Court. (f) When revoked, the license shall be canceled and immediately surrendered to the Director. Upon revocation of any license as provided in this chapter, no portion of the license fee shall be returned to the licensee. 5.03-3 (Revised 10/03) (g) Upon denial or revocation, the person whose application was denied or license revoked shall not be granted a license for a business, upon any new application that may be made, for a period of ninety (90) calendar days from date of denial or revocation and further, no license shall be issued until such person cures any defaults that resulted in the denial or revocation. (h) A denial or revocation of a general business license pursuant to Chapter 5.02 BMC shall constitute an automatic denial or revocation of a related regulatory license issued under this title to the business for which the general business license was issued, and the procedures set forth in this section shall not be applicable. (Ord. 4859 §3 (in part), 2003; Ord. 4162 §1, 1988) 5.03.080 FACILITY STANDARDS. It shall be the duty of the licensee and its employees to comply with fire, building, land use, sanitation and health regulations. (Ord. 4859 §3 (in part), 2003; Ord. 4162 §1, 1988) 5.03.090 OPERATING REQUIREMENTS. It shall be the duty of the licensee and its employees to meet the following operating requirements: (a) The regulatory license shall be prominently posted in a location of public view in the licensee’s place of business at all times and such permit shall not be tampered with in any manner. (b) No establishment granted a license under the provisions of this chapter shall place, publish or distribute or cause to be placed, published or distributed any advertisement, picture or statement which is known or through exercise of reasonable care should be known to be false, deceptive or misleading in order to induce any person to purchase or utilize goods or services of the business. (c) No person granted a license pursuant to this chapter shall operate the establishment under a name not specified on the license nor shall that person conduct business at any location not specified on the license. (Ord. 4859 §3 (in part), 2003; Ord. 4162 §1, 1988) 5.03.100 SALE OR TRANSFER OR CHANGE OF LOCATION. Upon sale, lease, transfer, or relocation of a business, the regulatory license thereof shall be null and void. (Ord. 4859 §3 (in part), 2003; Ord. 4162 §1, 1988) 5.03.110 APPLICABILITY. All persons who are required to be licensed by this chapter shall be subject to all of the conditions and requirements of this chapter, whether they actually obtain the licenses required or not. (Ord. 4859 §3 (in part), 2003; Ord. 4162 §1, 1988) 5.03.120 RULE MAKING. The City Clerk shall have the power and duty, from time to time, to adopt, publish, and enforce rules not inconsistent with law for the purpose of carrying out the provisions hereof and it shall be unlawful to violate or fail to comply with any such rule. (Ord. 4859 §3 (in part), 2003; Ord. 4162 §1, 1988) 5.03.130 ADDITIONAL LICENSES. The issuance of a license under this chapter shall not relieve the licensee from securing any other licensee from securing any other license(s) required by Federal, State or local law. (Ord. 4859 §3 (in part), 2003; Ord. 4162 §1, 1988) 5.03.140 UNLAWFUL - VIOLATIONS AND PENALTIES. (a) It shall be unlawful: (1) For any person to engage in business without having obtained a regulatory license as required in this title or for a person to engage in business after denial of a license application or renewal or after revocation of a regulatory license. (2) For the president, vice-president, secretary, treasurer, or other officer of any company to engage in business without having obtained a regulatory license as required in this title or for a person to engage in business after denial of a regulatory license application or renewal or after revocation of a regulatory license. (3) For any person to violate any provision of this chapter. (b) Nonpayment penalty. Failure to pay the license fee within ninety (90) days after the date of expiration shall subject the licensee to a monetary penalty in the amount of fifty dollars ($50.00) to reinstate the license, in addition to the required license fee. (c) Civil penalties. In addition to any other violation set forth in this title, any violation of subsection (a) of this section constitutes a civil violation under Chapter 1.04 BMC for which a monetary penalty may be assessed and enforcement may be required as provided therein. (d) Criminal penalties. In addition to the foregoing penalties or any violation set forth in Chapter 3.86 BMC relating to the administration of this chapter, any person who violates or fails to comply with subsection (a) of this section shall, upon conviction, be punished as described in the general criminal penalty provisions of BMC 1.12.020(2). Such person will be guilty of this violation for each day, or portion thereof, during which the business is so engaged or carried on. (Ord. 4859 §3 (in part), 2003) (Revised 10/03) Title 9 PEACE, SAFETY AND MORALS Chapters: 9.06 POLICE DOGS 9.08 UNAUTHORIZED AND JUNK VEHICLES 9.10 TOW TRUCK ROSTER 9.12 TOW TRUCK SERVICES 9.14 NUISANCE VEGETATION 9.16 PUBLIC NUISANCES 9.18 NO SMOKING SIGNS 9.20 PAWNBROKERS AND SECOND-HAND DEALERS 9.24 PROSTITUTION 9.29 NUDITY IN PUBLIC PLACES 9.34 HOTELS/MOTELS 9.37 UNFAIR HOUSING PRACTICES 9.39 SOLICITING 9.48 FIREWORKS 9.50 SOLVENT INHALATION 9.88 MARIJUANA 9.89 DRUG RELATED LOITERING 9.90 GRAFFITI 9.92 CRIMINAL ACTIVITY NUISANCE 9.20-1 (Revised 10/03) Chapter 9.20 PAWNBROKERS AND SECOND-HAND DEALERS Section: 9.20.010 ADOPTION BY REFERENCE. 9.20.010 ADOPTION BY REFERENCE. Chapter 19.60 RCW, entitled “Pawnbrokers and Second-Hand Dealers,” with the exception of those provisions contained therein for which a violation constitutes a felony crime, is adopted by reference as currently enacted and as hereafter amended from time to time, and shall be given the same force and effect as if set forth herein in full. (Ord. 4859 §2, 2003) (Revised 10/03) 9.34-1 Chapter 9.34 HOTELS/MOTELS Sections: 9.34.010 DEFINITIONS. 9.34.020 REGISTER TO BE KEPT. 9.34.030 VIOLATION - PENALTY. 9.34.010 DEFINITIONS. For the purpose of this chapter, the term “hotel/motel” means and includes hotels, motels, roominghouses, lodginghouses, and any building, portion of building or group of buildings used for human habitation containing two (2) or more rooms intended or designed to be used or which may be used for sleeping or living purposes by tourists or temporary guests for periods of less than thirty (30) days which are rented or hired out for compensation as a business. Places where children, elderly people, invalids or convalescents are exclusively accommodated are not to be considered hotels/motels. (Ord. 4859 §4 (in part), 2003; Ord. 4041 §1, 1986. Formerly 5.42.010) 9.34.020 REGISTER TO BE KEPT. Every person conducting any hotel/motel shall keep a register in which all guests, roomers and lodgers shall be required to register their names and addresses. The person in charge of registering guests shall indicate on the register the date of each registration and time and date of departure, and shall write opposite the name or names of each such guest, roomer or lodger the number of the room or rooms assigned to such guest, roomer or lodger, and the number of any and all rooms to which such guest, roomer or lodger may subsequently be assigned to occupy. Every hotel/motel register shall be open to inspection at all reasonable times by law enforcement officers and health officials of the City, the State or other governmental agency during all hours in which the hotel/motel is open for the reception of guests, roomers or lodgers. All such registration books shall be preserved for the period of at least two (2) years. (Ord. 4859 §4 (in part), 2003; Ord. 4041 §7, 1986. Formerly 5.42.090) 9.34.030 VIOLATION - PENALTY. Any violation or failure to comply with any provision of this chapter by any person constitutes a civil infraction as defined in BMC 1.12.020(3) subject to assessment and enforcement pursuant to Chapter 1.12 BMC. (Ord. 4859 §4 (in part), 2003) (Revised 10/03) Title 10 TRAFFIC Chapters: 10.04 STATE STATUTES 10.10 RESTRICTED PARKING ZONES 10.11 ENFORCEMENT 10.12 BICYCLES AND SKATEBOARDS 10.14 BICYCLE SAFETY AND HELMETS 10.16 TURNING MOVEMENTS 10.24 OVERSIZE LOADS 10.36 COMPRESSION BRAKES 10.40 COMMUTE TRIP REDUCTION PLAN 10.10-1 (Revised 10/03) Chapter 10.10 RESTRICTED PARKING ZONES Sections: 10.10.010 PURPOSE. 10.10.020 DEFINITIONS. 10.10.030 RESTRICTED PARKING ZONES. 10.10.040 PARKING ADMINISTRATION. 10.10.050 RESTRICTED PARKING ZONE DESIGNATION - PROCESS. 10.10.060 RESTRICTED PARKING ZONE PETITIONS IN NON- HISTORICALLY IMPACTED AREAS. 10.10.070 RESTRICTED PARKING ZONE PETITIONS IN HISTORICALLY IMPACTED AREAS. 10.10.080 ELIGIBILITY CRITERIA FOR PERMIT. 10.10.090 PERMIT - ISSUANCE - DISPLAY. 10.10.100 PERMIT - RENEWAL - DURATION. 10.10.110 PERMIT - VISITOR. 10.10.120 PERMIT - LANDLORD. 10.10.130 SERVICE VEHICLES. 10.10.140 DISABLED PARKING. 10.10.010 PURPOSE. This chapter is intended to mitigate the impact of commuter parking in impacted areas, to preserve the character of residential districts, to improve handicapped access and reduce traffic. Residential parking permits are established as an exemption to posted restrictions in restricted parking zones where neighborhoods have been impacted by commuter parking and are meant to ease parking congestion. (Ord. 4865 §3 (in part), 2003) 10.10.020 DEFINITIONS. For the purpose of this chapter, the words and phrases set forth in this section are defined as follows: (a) “Block” means the area comprised of properties along each side of a street between two (2) intersections. [See Appendix Figure 020.] (b) “Commuter vehicle” means a motor vehicle parked in a residential area by a person not a resident thereof. (c) “Department” means Department of Public Works and Utilities, or designee. (d) “Director” means Director of Public Works and Utilities, or designee. (e) “Downtown No Repark Zone” means a vicinity where the following restrictions apply: (1) On-street parking is restricted to either one (1) or two (2) hours; and (2) Vehicles may not be moved from one (1) parking space to another parking space within the zone in order to extend parking time beyond the maximum for the zone. (f) “Historically impacted areas” are those areas within the City that have been identified by the City Council as having traditionally suffered severe parking shortages due to commuter parking. (g) “One (1) Hour Parking Zone” means a prescribed residential area where on-street parking is limited to one (1) hour, except for the residents of the prescribed vicinity, their visitors holding a permit, and clearly marked delivery and service vehicles. (h) “Parking generator” means anything that significantly increases commuter parking demand. Examples include, but are not limited to: ferry terminals, schools, hospitals, business districts, and the Puget Sound Naval Shipyard. (i) “Passenger Load Only Zone” means a parking space reserved for passenger loading only. These spaces will be marked with the time restriction applicable to them. (j) “Peak parking hours” means those hours in a day where a particular vicinity experiences the greatest demand for parking. (k) “Resident,” as used in this chapter, refers to an individual living in a dwelling unit or a business owner operating a business on property owned or leased by the business owner. (l) “Resident vehicle” means a motor vehicle parked in a prescribed residential area by a resident of the area. (m) “Residential area” means a contiguous area containing public streets and highways or parts thereof primarily abutted by residential property or residential and non-business property. (n) “Permit Only Zone” means a prescribed area where on-street parking is reserved for the exclusive use of the permit holders in the prescribed vicinity, their visitors holding a permit, and clearly marked delivery and service vehicles. (o) “Restricted parking permit” means a permit issued by the City that exempts the permit holder, when displayed properly, from the parking restrictions in effect in the permit holder ’s restricted parking permit area. (p) “Restricted parking permit area” or “residential parking permit area” means an area designated as provided in this chapter wherein resident vehicles displaying a valid permit as described in this chapter shall be exempt from posted parking restrictions. (q) “Restricted parking zone” means an area of the City subject to one of the restrictions contained in this chapter. (r) “Two (2) Hour Parking Zone” means a (Revised 10/03) 10.10-2 prescribed area where on-street parking is limited to two (2) hours, except for the residents of the prescribed vicinity, their visitors holding a permit, and clearly marked delivery and service vehicles. (s) “Visitor vehicle” means a motor vehicle parked by a person who is visiting a resident within a restricted parking permit area. (Ord. 4865 §3 (in part), 2003) 10.10.030 RESTRICTED PARKING ZONES. The Director shall, in a manner consistent with this chapter, establish, locate and post various restricted parking zones within the City rights-of-way where required to regulate parking. (Ord. 4865 §3 (in part), 2003) 10.10.040 PARKING ADMINISTRATION. Collection of parking fees, maintenance of parking meters or other collection devices, and the issuance of parking permits shall be administered by the Department of Administrative Services, which shall promulgate procedures to administer permits as authorized in this chapter, including processes for establishing proof of residency; vehicle ownership, use or control; and for the revocation of permits for misuse. Appropriate parking fee schedules and permit fees shall be set by the City Council and are set forth in Chapter 3.01 BMC. Fees may be collected by the use of parking meters, pay boxes or other devices and through the issuance of parking permits authorized by this title. (Ord. 4865 §3 (in part), 2003) 10.10.050 RESTRICTED PARKING ZONE DESIGNATION - PROCESS. (a) Creation, deletion or boundary changes of restricted parking zones may be initiated either: (1) By a verified petition of the residents as provided for in BMC 10.10.060 or 10.10.070; or (2) By the decision of the Director following a finding that the change is in the best interest of the community and will improve the health, safety or welfare of the community; or (3) By resolution of the City Council. (b) Right to Appeal. The right to appeal a creation, deletion or boundary change exists only when such creation, deletion or boundary change was completed under subsections (a)(1) or (a)(2) of this section when the change is to a Two (2) Hour Parking Zone, One (1) Hour Parking Zone or a Permit Only Zone. If such creation, deletion or boundary change is subject to appeal, the City Clerk shall post notice in the particular residential area advising the residents of the future location and boundaries of the residential parking area and of the right to appeal the designation within ten (10) days. A timely appeal to the Hearing Examiner, filed with the City Clerk, by a resident or business owner within the designated permit area will stay the action until the Hearing Examiner ’s review and decision in accordance with Chapter 2.13 BMC. The Hearing Examiner shall be authorized to deny the creation, deletion or boundary change if he/she determines that significant errors were made in the process that created a substantial likelihood that the creation, deletion or boundary change would have failed had proper procedures been followed or if he/she determines that the creation, deletion or boundary change is not in the best interest of the community. The change shall be enforceable following the expiration of the appeal period or at such time as any appeal filed is denied. Until such time, the parking restriction previously in place, if any, shall continue. (c) Posting. (1) If the creation, deletion or boundary change is subject to appeal under section (b) of this section, the creation, deletion or boundary change shall become effective at such time as notice is posted in the affected area of the location and boundaries of the restricted parking area, and either: (i) The ten (10) day appeal period has expired without an appeal being filed; or (ii) At such time as a decision of the Hearing Examiner is issued on an appeal filed under subsection (b) of this section. (2) If the creation, deletion or boundary change is not subject to appeal under subsection (b) of this section, the creation, deletion or boundary change shall become effective upon posting notice in the particular residential area of the location and boundaries of the residential parking area. (Ord. 4865 §3 (in part), 2003) 10.10.060 RESTRICTED PARKING ZONE PETITIONS IN NON- HISTORICALLY IMPACTED AREAS. Residents may seek to create, delete or change the boundary of a restricted parking area by petitioning in accordance with the process delineated in this section. The process and prerequisites for such modification depend on the type of restriction being sought (Two (2) Hour Zone, One (1) Hour Zone, or Resident Only Zone). Residents may not seek to create, delete or change the boundary of a restricted parking area for a period of one (1) year following a successful petition. [The historically impacted areas and non-historically impacted areas are shown on the map. See Appendix Figure 060.] (a) Two (2) Hour Zone. If the residents of a block wish to have their area restricted to two (2) hour parking, they must: (1) Submit a verified petition of at least two- thirds of the residents of the block indicating support for the change to a Two (2) Hour Zone; and (2) The Director must make a finding that: (i) There is an identifiable parking generator; 10.10-3 (Revised 10/03) (ii) It appears that seventy-five percent (75%) or more of the parking spaces located on the petitioning block are being used at peak parking hours; and (iii) The conditions described in subsections (a)(2)(i) and (ii) of this section exist on at least three (3) contiguous blocks. (b) One (1) Hour Zone. If the residents of a block wish to have their area restricted to one (1) hour parking, they must: (1) Submit a verified petition of at least two- thirds of the residents of the block indicating support for the change to a One (1) Hour Zone; and (2) Show evidence that the affected block has been restricted to two (2) hour parking or permit only parking for at least the last twelve (12) months. (c) Permit Only Zone. If the residents of a block wish to have their block restricted to permit only parking, they must: (1) Submit a verified petition of at least eighty percent (80%) of the residents of the block indicating support for the change to a Permit Only Zone; and (2) Show evidence that the affected block has been restricted to one (1) hour parking or two (2) hour parking for at least twenty-four (24) combined months; however, the twelve (12) months immediately preceding the submission of the petition must have been spent as a One (1) Hour Parking Zone; and (3) Show evidence that the affected block has been given one of the following zoning designations: SF- 1, SF-2, SF-3, DR, MF, CBR, or MR; and (4) Pay the City, in accordance with Chapter 3.01 BMC, Rate Table B, for a parking capacity survey to be conducted to determine if the petition area is disproportionately impacted by non-resident parking. The Director is authorized to set the criteria for this determination. Such criteria must be based on the percentage of parking spaces occupied at peak parking hours and on the percentage of occupied spaces, at peak parking hours, that are occupied by non-residents. (i) If the results of the survey conclude that the petition area is disproportionately impacted by non-resident parking, then the Director of Public Works shall designate the petition area a Permit Only Zone and the designation shall become effective following the appeal period and upon posting as provided for in BMC 10.10.050. (ii) If the results of the survey conclude that the petition area is not disproportionately impacted by non-resident parking, then the petition shall fail and the residents shall not be entitled to submit a new petition for a period of one (1) year. (Ord. 4865 §3 (in part), 2003) 10.10.070 RESTRICTED PARKING ZONE PETITIONS IN HISTORICALLY IMPACTED AREAS. The residents of a historically impacted area may have their area restricted to either two (2) hour parking, one (1) hour parking or permit only parking by submitting a verified petition of at least two-thirds (2/3) of the residents of the block indicating support for the change to either two (2) hour parking, one (1) hour parking or to permit only parking, respectively. No other steps are necessary. The change shall become effective following the appeal period and posting as required under BMC 10.10.050. Residents of the affected area may only petition for a change once every twelve (12) months. [The historically impacted areas and non-historically impacted areas are shown on the map. See Appendix Figure 060.] (Ord. 4865 §3 (in part), 2003) 10.10.080 ELIGIBILITY CRITERIA FOR PERMIT. Residential parking permits may be issued for motor vehicles not in excess of ten thousand (10,000) pounds only upon application of the following persons: (a) A legal resident of the restricted parking permit area who has a motor vehicle registered in his name, or who has a motor vehicle for his exclusive use and under his control. (b) A person who owns or leases commercial property and actively engages in business activity within a restricted parking permit area. There shall be a limit of two (2) residential parking permits issued per dwelling unit/business location, unless parking availability allows a greater number not to exceed four (4) permits per dwelling unit as determined by the Director in his or her sole discretion. (Ord. 4865 §3 (in part), 2003) 10.10.090 PERMIT - ISSUANCE - DISPLAY. Parking permits shall state thereon the particular residential parking permit area, the license number of the motor vehicle for which it is issued and the expiration date. Permits shall be displayed so as to be clearly visible through the rear window of the vehicle on the left side thereof. A residential parking permit shall not guarantee or reserve to the holder thereof an on-street parking space within the designated residential parking area. (Ord. 4865 §3 (in part), 2003) 10.10.100 PERMIT - RENEWAL - DURATION. Each residential parking permit issued shall be valid for the remainder of the calendar year of issuance plus two (2) calendar years, except residential parking permits issued in the year 2003, which shall expire on December 30, 2006. Permits may be renewed upon expiration. (Ord. 4865 §3 (in part), 2003) (Revised 10/03) 10.10-4 10.10.110 PERMIT - VISITOR. Visitor parking permits are authorized for residents of a residential parking permit area for bona fide transient use. No dwelling unit or place of business located in a restricted parking permit area shall be issued more than one (1) visitor permit. It shall be the responsibility of the resident to control the use of the permit. Bona fide transient uses include: visiting guests, babysitters, repair persons and other similar visitors. The following is prohibited: (a) Parking in excess of seven (7) days within any thirty (30) day period unless approved administratively prior to such use; or (b) Parking more than one (1) block from the permitted residence. (Ord. 4865 §3 (in part), 2003) 10.10.120 PERMIT - LANDLORD. Landlords can qualify for a two (2) month visitor permit for building improvements if the residence is vacant. Upon request a one (1) month extension will be granted. Any extension beyond the automatic one (1) month extension must be accompanied by a detailed timeline for completing the building improvement as well as any required permits from the Department of Community Development. (Ord. 4865 §3 (in part), 2003) 10.10.130 SERVICE VEHICLES. (a) Clearly marked service or delivery vehicles are exempt from the time zone requirements while providing service or making deliveries to dwellings within a restricted parking permit area. Service vehicles shall comply with time limits for parking in commercial zones. (b) Individuals working in a home service industry (home health care, etc.) may apply for an occupational permit to park in a restricted parking permit area. The City may require proof of ongoing continuous work as a condition to maintain a valid permit. (Ord. 4865 §3 (in part), 2003) 10.10.140 DISABLED PARKING. (a) Indication of Parking Space for Disabled Person. RCW 46.61.581 is hereby adopted by reference. (b) Physically Disabled Zones. On-street parking spaces reserved for physically disabled persons shall be for time periods posted. (c) Free Parking by Disabled Person. Any person who meets the criteria for special parking privileges under RCW 46.16.381 shall be allowed free of charge to park a vehicle being used to transport that person for unlimited periods of time in parking zones or areas with parking meters which are otherwise restricted as to the length of time parking is permitted, except as provided in RCW 46.90.103. This section does not apply to those zones or areas in which the stopping, parking, or standing of all vehicles is prohibited, which are reserved for special types of vehicles, or which are reserved for physically disabled persons. The person shall obtain and display a special card, decal, or license plate under RCW 46.16.381 to be eligible for the privileges under this section. (d) Special Plate, Card or Decal Issued by Another Jurisdiction. RCW 46.61.583 is hereby adopted by reference. (Ord. 4865 §3 (in part), 2003) Title 10 Appendix: 020-1 (Revised 10/03) Appendix Figure 020 One Block Title 10 Appendix: 060-1 (Revised 10/03)NOTE:Streets in bold = Historically Impacted Area Petition Method pursuant to BMC 10.10.070Streets not in bold = Petition Method pursuant to BMC 10.10.060CITY OF BREMERTONRESIDENTIAL PARKINGHISTORICALLY IMPACTED AREASAPPENDIX FIGURE 060 10.11-1 (Revised 10/03) Chapter 10.11 ENFORCEMENT Sections: 10.11.010 ADDITIONAL VIOLATIONS. 10.11.020 ENFORCEMENT PROCEDURES. 10.11.030 PENALTIES. 10.11.040 FAILURE TO APPEAR. 10.11.050 NUISANCE DECLARED - APPEAL. 10.11.060 VEHICLE IMPOUND. 10.11.070 COSTS OF IMPOUND. 10.11.080 ENFORCEMENT - EXEMPT PERIODS. 10.11.010 ADDITIONAL VIOLATIONS. In addition to those statutes adopted by reference in BMC 10.04.010 restricting standing, stopping and parking of vehicles, it shall be unlawful and punishable as a civil infraction for any person to commit any of the following actions: (a) Parking in Time Limit and No Repark Zones. (1) Downtown Core. Where a time limit and no repark is established by official signs, no vehicle may be reparked on either side of the same street in order to extend the vehicle’s parking time beyond the time limits established. For purposes of this section, a vehicle shall be deemed to be reparked and in violation of this section despite any movement of the vehicle unless the vehicle is moved to another street with a different street name than the street the vehicle was originally parked upon. (2) Residential. Where posted, it is unlawful for a vehicle to remain parked, or to be reparked within four (4) blocks of original parking location within a residential parking permit area, if the parking time or combined parking time for the vehicle exceeds the time limitations of the parking zone. Vehicles issued permits under Chapter 10.10 BMC shall be exempt from posted time limits according to the terms of the permit. (b) Counterfeit Permits. It is unlawful for any person to copy, reproduce, or otherwise counterfeit a parking permit or to possess any counterfeit copy or facsimile of a City parking permit. (c) Unauthorized Use of Permit. It is unlawful for any person issued a parking permit by the City to: (1) Lend, sell or assign said permit to another; (2) Display any permit issued to another; or (3) Display any permit issued when the recipient of the permit is no longer eligible pursuant to Chapter 10.10 BMC. (d) Counterfeit Tokens, Permits or Script. It is unlawful to manufacture, use or possess any counterfeit of an official token, parking permit or script distributed by the City for use in any fee collection device. (e) Tampering With Parking Meters or Collection Devices. No person shall deface, injure, tamper with, open, or willfully break, destroy, or impair the usefulness of any parking meter or collection device. (f) Unauthorized Handicapped Parking. It is a traffic infraction for any person to park a vehicle in a public place provided on private property without charge or on public property reserved for physically disabled persons without a special license place, card or decal as provided for in RCW 46.16.381(1) and (2). If a person is charged with a violation, the person shall not be determined to have committed an infraction if the person produces in court or before the court appearance the special license plate, card, or decal required under this section or demonstrates that the person was entitled to the special license plate, card or decal. (g) Expired Registration. It is unlawful to park any vehicle in a public right-of-way or on public property without a current vehicle license registration tab displayed according to law. (h) Unlawful Parking in City Lot. In addition to other enforcement remedies, it is unlawful to park any vehicle in a City-owned parking lot or structure without paying the posted fee or parking in excess of posted time limits or in violation of use restrictions. (i) Obliterating Tire Markings. It is unlawful to conceal, obliterate, or erase markings on vehicle tires made by a parking enforcement officer for the purpose of recording parking time. (j) False Application. It is unlawful for any person to intentionally provide false or misleading information on any application for a parking permit. (k) Failure to Surrender Permit. The Director of Administrative Services is authorized to revoke the residential parking permit of any person found to be in violation of its intended use. Upon written notification of permit revocation by the Director of Administrative Services, it shall be unlawful for any person to fail to surrender a parking permit as directed. (l) Storage of Vehicles within Right-of-Way. Parking in excess of seventy-two (72) consecutive hours, of nonmotorized conveyances or motor vehicles in a public right-of-way shall be unlawful without a right-of- way use permit. During continued consecutive hours of parking, after the initial seventy-two (72) hour period, relocation of the conveyance or motor vehicle within five hundred (500) feet, and still within a public right-of-way, shall be considered to be the same location within the right-of-way. Motor vehicles or nonmotorized conveyances exceeding ten thousand (10,000) pounds gross vehicle weight or twenty-two (22) feet in length, may not repark in excess of one hundred twenty (120) hours within any consecutive thirty (30) day period. (Revised 10/03) 10.11-2 (m) Parking Fee - Non-payment. It is unlawful to park a vehicle in any parking space monitored by a parking fee collection device, including parking meters, without payment as indicated on the collection device. (n) Parking Fee - Time Permitted. It is unlawful to park a vehicle in any parking space monitored by a collection device, including parking meters, for a consecutive period of time longer than that limited period of time for which parking is lawfully permitted in the time zone, irrespective of the amount of money deposited in such collection device. (o) Unauthorized Use of Recreational Vehicle. It is unlawful for any person to use a recreational vehicle as defined in the Bremerton Zoning Code, for habitation on any street, alley or highway, or other public place that is not officially designated for that use. Violation of this section shall constitute a civil infraction. Habitation shall mean occupation of the vehicle for four (4) hours or more between the hours of 7:00 p.m. and 7:00 a.m. (Ord. 4865 §4, 2003; Ord. 4703, Amended, 05/25/2000; Ord. 4667, Amended, 10/28/1999; Ord. 4543, Amended, 03/14/1996; Ord. 4425 §1, 1993; Ord. 4362 §1, 1992; Ord. 4271 §4, 1990; Ord. 4260 §4, 1990; Ord. 4211 §6 (in part), 1989) 10.11.020 ENFORCEMENT PROCEDURES. (a) The parking regulations set forth in this chapter and Chapter 10.04 shall be enforced by the City’s police officers and the City’s parking enforcement officers. (b) If any vehicle is found parked, standing, or stopped in violation of this title, or otherwise violates the provisions of this title, the officer finding the vehicle shall take its license number and may take any other information displayed on the vehicle which may identify its user and shall conspicuously affix to the vehicle a notice of parking infraction. A notice of parking infraction represents a determination that a parking infraction has been committed. The determination will be final unless contested as provided in BMC 1.12.040. (c) In any parking violation case involving an infraction relating to the stopping, standing, or parking of a vehicle, proof that the particular vehicle described in the notice of parking infraction was stopping, standing, or parking in violation of any provision of this title, together with proof of registered ownership of the vehicle at the time of the violation shall constitute in evidence a prima facie presumption that the registered owner of the vehicle was the person who parked or placed the vehicle at the point where, and for the time during which, the violation occurred, provided the procedure for issuing a parking violation set forth herein has been followed. (Ord. 4211 §6 (in part), 1989) 10.11.030 PENALTIES. Unless specifically set forth elsewhere in this title, the penalties for each parking violation of the provisions of this chapter and Chapter 10.04 BMC, defined as an infraction, shall be pursuant to Chapter 3.01 BMC. (Ord. 4730, Reaffirmed, 11/30/2000; Ord. 4677, Amended, 12/11/1999; Ord. 4542, Amended, 02/08/1996; Ord. 4425 §2, 1993; Ord. 4339 §1, 1991; Ord. 4211 §6 (in part), 1989) 10.11.040 FAILURE TO APPEAR. Any person who has been issued a Notice of Infraction relating to parking pursuant to BMC 10.11.020(b) and who fails to respond as provided in BMC 1.12.030 shall pay an additional penalty of twenty- five dollars ($25.00), regardless of the disposition of the notice of infraction. This enhanced penalty shall be in addition to a misdemeanor citation which may be issued for Failure to Respond to Notice of Infraction. (Ord. 4271 §1, 1990; Ord. 4211 §6 (in part), 1989) 10.11.050 NUISANCE DECLARED - APPEAL. (a) In addition to the enforcement provisions of BMC 10.11.040, if any person fails to respond to three or more outstanding infractions for parking a vehicle in violation of this Title, the City Attorney shall mail a Declaration of Vehicle Nuisance to the registered and legal owners of said vehicle as shown by the records of the Washington State Department of Licensing informing them that the cited vehicle shall be declared a nuisance and subject to immediate impound or immobilization unless, within ten (10) days, either owner (1) pays the underlying infractions or (2) appeals the Declaration of Vehicle Nuisance. (b) Appeal of the Declaration of Nuisance Vehicle will be heard by the Hearing Examiner pursuant to BMC 2.62. Failure to appear at the scheduled hearing will be deemed a waiver of any rights to contest the Declaration. At the hearing, the owner shall have the burden of showing the registered owner did not fail to respond to three or more outstanding infractions for parking. (Ord. 4547, Amended, 03/28/1996; Ord. 4326 §1, 1991; Ord. 4297 §5, 1990; Ord. 4271 §2, 1990; Ord. 4211 §6 (in part), 1989) 10.11.060 VEHICLE IMPOUND. If the registered or legal owner fails to respond under BMC 10.11.050 to a Declaration of Vehicle Nuisance, the City police department may impound or immobilize said vehicle. If impounded or immobilized, the vehicle shall not be released until (1) the police department or towing company receives a receipt or other notice from the Court showing that all infractions and crimes relating to standing, stopping or parking the vehicle have been paid or otherwise resolved, or (2) the owner posts bail with the department in an amount set by the Municipal Court. (Ord. 4297 §6, 1990; Ord. 4271 §3, 1990; Ord. (Revised 10/03) Title 11 STREETS AND RIGHTS-OF-WAY Chapters: 11.01 GENERAL PROVISIONS FOR TELECOMMUNICATIONS SYSTEMS 11.02 RIGHT-OF-WAY USE 11.03 SPECIAL RULES APPLICABLE TO TELECOMMUNICATIONS FACILITIES AND TELECOMMUNICATIONS SERVICE PROVIDERS 11.04 LOCAL IMPROVEMENT DISTRICTS 11.05 PRIVATE COMMUNICATIONS FACILITIES 11.06 MISCELLANEOUS PROVISIONS FOR TELECOMMUNICATIONS SYSTEMS 11.08 SIDEWALKS - CONSTRUCTION, RECONSTRUCTION AND REPAIR 11.10 SIDEWALKS - DUTIES OF ABUTTING PROPERTY OWNERS 11.12 TRANSPORTATION DEVELOPMENT CODE 11.15 ON STREET PAID PARKING 11.20 VACATION OF PUBLIC RIGHTS-OF-WAY 11.02-3 (Revised 10/03) 11.02.070 ADDITIONAL PERMITS. Additional permits for any use of the right-of-way may be required by other City codes. (Ord. 4650, Repealed & Replaced, 06/12/1999) 11.02.080 RIGHT-OF-WAY USE PERMITS. The following types of right-of-way use permits are established: A. Type A - Short-Term Use. 1. Type A permits may be used for use of right-of-way for up to four (4) weeks for purposes which do not involve the physical disturbance of the right-of- way. 2. This type of use may involve disruption of pedestrian and vehicular traffic and may require inspections, cleanup and traffic control. For periods longer than four (4) weeks these uses will be considered Type C, long-term use. 3. Type A permits include but are not limited to the following: a. Temporary street and sidewalk closures. b. Temporary blockage of streets and sidewalk, for uses such as dumpsters and scaffolding. B. Type B - Disturbance of the Right-of-Way. 1. Type B permits may be issued for activities that alter the appearance or disturb the surface, or disturb the subsurface of the right-of-way on a temporary or permanent basis. Type B permits are also required for the initial construction of improvements within rights-of-way and private streets required to conform to City standards. Type B permits may be issued for up to one hundred twenty (120) days. 2. Type B permits include, but are not limited to, construction activities associated with: a. Boring, jacking or pushing; b. Construction adjacent to the right-of- way that may physically impact the right-of-way; c. Culverts; d. Curb cuts, handicap ramps and driveway approaches; e. Curbs, gutters, and sidewalks; f. Drainage facilities; g. Installation of landscaping; h. Painting; i. Paving; j. Street trenching; k. Utility installation. C. Type C - Long-Term Use. 1. Type C permits may be issued for right-of- way use for activities for extended periods of time which will not further physically disturb the right-of-way once in place. This may include structures, facilities, and uses that involve capital expenditures and long-term commitment of use. The Type C permit shall be a revocable permit. Type C permits may be issued for a term of up to five (5) years except as provided for in subsection (c)(7) of this section. 2. A Type B permit may be required for construction activities in conjunction with a Type C use. 3. Type C permits include but are not limited to: a. Accessory business activity such as: parking, displays and signage; b. Air rights; c. Bus shelters/stops; d. Construction site/haul roads; e. Fences; f. Recycle receptacles, dumpsters, and facilities; g. Special and unique structures such as: fountains, clocks, flagpoles, benches, kiosks, banners, street furniture, decorations, etc.; h. Underground rights; i. Utility facilities; j. Waste facilities. 4. Utility facilities placed in the right-of-way under the authority of a franchised utility as defined in this chapter are exempt from the requirement to obtain a Type C permit. 5. Type A uses that exceed four (4) weeks duration will be treated as Type C uses. 6. Upon termination of a Type C permit, for which the permittee does not obtain a new permit, any improvements constructed in the right-of-way must be removed by the permittee and the area restored to its original condition or better. 7. Type C permits may be issued for right-of- way use for an extended term not to exceed ten (10) years for activities which will not further physically disturb the right-of-way once in place such as the installation and maintenance of structures, facilities, and uses that involve capital expenditures and long-term commitment of use. Type C permits may be issued for an extended term under the following conditions: a. At the end of the permit period, the permit may be renewed upon request by the permittee and acceptance by the City for additional terms not to exceed ten (10) years. If the use of the right-of-way under the jurisdiction of a Type C permit is changed so as to affect the installation permitted, the Director of Public Works and Utilities shall require the permittee to remove the installation or modify the installation to accommodate the new use of the right-of-way. The Director of Public Works and Utilities shall set the time for removal or modification. The time for removal or modification shall be at least ninety (90) days after the date the request for removal or modification is submitted, unless the Director finds that a lesser amount of time is in the best interest of the public. All expenses for removal and/or modification of the permitted installation shall be borne by the (Revised 10/03) 11.02-4 permittee. b. A Type C permit will not be issued for the extended term unless the City determines that there is no reasonable likelihood that the City will need to utilize the area for which the permit is granted within the permit term, and that the proposed use is consistent with the City’s Comprehensive Plan, and that the use is not detrimental to the public health, safety or welfare, and that the proposed use is not aesthetically incompatible with the City’s streetscape standards. c. In the case of a proposed use that is necessary to protect a governmental installation from possible terrorist attack, the City may waive any of the requirements of this section. d. The City shall impose such fees as are appropriate to cover the City’s cost associated with processing the application and that takes into account the value of the land used, the length of use, and lost revenue to the City, if applicable. D. Type D - Franchised Utility Routine Maintenance Permit. 1. Type D permits may be issued for franchised utilities as defined in this chapter to perform routine maintenance on existing overhead lines and for entry into existing underground facilities. The permit will be valid for this work within the city boundaries. Type D permits may be issued for up to one (1) year. 2. Type D permits will not involve physical disturbance of the right-of-way. 3. Type D permits may be revoked if the permittee does not adequately and consistently comply with the permit conditions or requirements of this chapter. In the event that the Type D permit is revoked, the permittee must obtain a Type A permit for each work site. E. Assignment of Permit. Permits cannot be assigned or transferred, subleased or used for any purpose not specified in the permit without prior written permission of the City. Any attempt to assign or transfer an interest in a permit without such prior written permission shall be cause for immediate termination. (Ord. 4857 §1, 2003; Ord. 4650, Repealed & Replaced, 06/12/1999) 11.02.090 APPLICATIONS AND PROCESSING OF PERMITS. A. To obtain a right-of-way use permit the applicant shall file an application with the Department. B. Every application shall include the following information appropriate to the proposed use: 1. A scale drawing showing the location of the proposed right-of-way use, the location of the existing and proposed improvements, surface features such as curbs and gutters, underground features such as the location of utilities, and the limits of the work area; 2. A description of the use; 3. The planned duration of the use; 4. Applicant contact information; 5. All other information which may be required as specified in policies adopted hereunder; 6. An estimate of construction costs; and 7. Payment of the required fees. C. The Director shall examine each application submitted for review and approval to determine if adequate information is provided and if it complies with the applicable provisions of this chapter and procedures adopted hereunder. Other departments that have authority over the proposed use activity will review and recommend approval or disapproval of the application. If the Director finds that the application conforms to the requirements of this chapter, he may approve the permit, and may impose such conditions thereon as are reasonably necessary to protect the public health, welfare and safety, to mitigate any impacts resulting from the use and to coordinate activities or address potential conflicts with future improvements in the area. D. All applications for permits must be submitted 10 working days or more prior to the start of work or as required to obtain other City permits. E. Upon submittal of a completed application the applicant shall provide the application fee per the fee schedule adopted by the City. Permittees who have an approved monthly billing status shall be billed accordingly. (Ord. 4650, Repealed & Replaced, 06/12/1999) 11.02.100 RENEWAL OF PERMITS. Each Type A and Type B permit shall be of the duration specified on the permit and may be renewed without payment of an additional fee for up to the length of the original permit, at the discretion of the Director. If continued use of the right-of-way is desired by the permittee after expiration of a renewed permit, he/she must apply for a new permit. Type C and D permits can not be renewed and the permittee must apply for and receive a new permit prior to expiration or remove the permitted improvements. (Ord. 4650, Repealed & Replaced, 06/12/1999) 11.02.110 PERMIT EXCEPTION. A. A right-of-way use permit shall not be required of franchised utilities when responding to emergencies that require disturbance of the right-of-way typical of a Type B permit provided, that the Department shall be notified by the responding utility or contractor verbally or in writing, as soon as practicable following onset of an emergency. Nothing herein shall relieve a responding utility or contractor from the requirement to apply for a right-of-way use permit as provided in this chapter within 48 hours after beginning emergency work in the right-of- way. 11.02-4.1 (Revised 10/03) B. Permits shall not be required for routine maintenance and construction work performed by the City. C. Permits are not required for City Public Works and Utility Department construction projects. D. Permits are not required for the ordinary maintenance of landscaping in the right-of-way. Blockage of the right-of-way associated with ordinary maintenance of landscaping requires the appropriate permit. (Ord. 4650, Repealed & Replaced, 06/12/1999) 11.02.120 PERMIT FEES AND CHARGES. A. The fee for each permit shall be set forth in a fee schedule to be adopted by the City Council. Fees and charges adopted pursuant to this section may be increased or decreased by the Council on the Mayor’s recommendation in accordance with changes in the costs incurred by the City. B. Fees and charges. 1. Type A, Short-Term Use Permit. Fees for Type A permits shall be established for the following categories: a. Regular. A fee shall be charged for each regular Type A Permit accepted for processing. This fee shall cover the administrative cost of the permit. 2. Type B, Disturbance of Right-of-Way Permit. Fees for Type B Permits shall be established for the following categories: a. Sidewalk repairs. Repair of existing sidewalks, not associated with other development activity and residential owner performed improper stormwater inflow elimination work in the sidewalk and curb area. b. Driveway approach, transverse street patches and spot patches. A driveway approach, transverse street patch or spot patches or other localized work activities not exceeding more than 250 square feet of disturbed area. c. Longitudinal street patches and new curb and sidewalk installation. Longitudinal street patch or construction of new curb gutter and sidewalk on one side of a street, street lighting, or other work activities which generally progress longitudinally down a street. d. New street construction. Construction of a new street, extension of an existing street, construction of a private street, frontage improvements on an existing street and construction of a new pavement surface. 11.08-1 (Revised 10/03) Chapter 11.08 SIDEWALKS - CONSTRUCTION, RECONSTRUCTION AND REPAIR Sections: 11.08.010 PURPOSE. 11.08.020 CONSTRUCTION, RECONSTRUCTION, REPAIR OF SIDEWALKS, ETC., AUTHORIZED - PAYMENT OF COST. 11.08.030 RESOLUTION - NECESSITY - CONTENTS. 11.08.040 FIXING TIME AND PLACE FOR HEARING - PUBLICATION - NOTICE OF HEARING - PROOF OF PUBLICATION AND MAILING - POSTPONEMENT OF HEARING DETERMINATION. 11.08.050 SIDEWALK CONSTRUCTION FUND. 11.08.060 ASSESSMENT ROLL - PREPARATION AND FILING - NOTICE OF HEARING - AFFIRMATION, MODIFICATION, REJECTION, OR RECASTING OF ASSESSMENT ROLL - APPEAL. 11.08.070 MANNER OF PAYMENT OF ASSESSMENT. 11.08.080 LIEN - FORECLOSURE - PROCEEDINGS AS CONCLUSIVE. 11.08.090 CITY ENGINEER TO SUPERVISE. 11.08.100 PERMIT REQUIRED - APPLICATION. 11.08.110 DEPOSIT TO ACCOMPANY PERMIT APPLICATION. 11.08.120 REJECTION OF PERMIT APPLICATION. 11.08.130 LIABILITY INSURANCE REQUIRED. 11.08.140 STAKING. 11.08.150 VIOLATION - PENALTY. 11.08.160 RCW ADOPTED. 11.08.010 PURPOSE. This chapter applies to situations where sidewalks need to be constructed, reconstructed, or repaired along a property frontage, when said property is not undergoing development or redevelopment as those terms are defined in Chapter 11.12 BMC. (Ord. 4856 §2 (in part), 2003; Ord. 1906 §§1, 2, 1950) 11.08.020 CONSTRUCTION, RECONSTRUCTION, REPAIR OF SIDEWALKS, ETC., AUTHORIZED - PAYMENT OF COST. Whenever any construction, reconstruction or repair of any sidewalks, gutters or curbs along or driveways across sidewalks, which work is hereafter referred to as the “improvement,” is to be done, the costs of the same may be paid for by any of the following three (3) methods: (1) From any available funds; (2) By requiring the abutting owner to construct the improvement at his/her own cost or expense; (3) By assessing all or any portion of the costs thereof against the abutting property owner. (Ord. 4856 §2 (in part), 2003; Ord. 1907 §1, 1950) 11.08.030 RESOLUTION - NECESSITY - CONTENTS. Pursuant to Chapter 35.69 RCW, whenever the City Council finds by resolution that improvement of a portion of a street by construction or reconstruction of a sidewalk is necessary for the public safety and convenience, the duty, burden and expense of such may be the responsibility of the abutting property owner as determined by said resolution. The resolution shall state whether all or specified portion shall be borne by the abutting property owner; or whether the abutting owner is required to construct the improvement at his/her own cost and expense. If the abutting owner is required to construct the improvement the resolution shall specify the time within which the construction shall be commenced and completed; and further, that if the improvement or construction is not undertaken and completed within the time specified that the City will perform or complete the improvement and assess the cost against the abutting owner. (Ord. 4856 §2 (in part), 2003; Ord. 1907 §2, 1950) 11.08.040 FIXING TIME AND PLACE FOR HEARING - PUBLICATION - NOTICE OF HEARING - PROOF OF PUBLICATION AND MAILING - POSTPONEMENT OF HEARING DETERMINATION. If all or any portion of the cost is to be assessed against the abutting property owner, or if the abutting property owner is required to construct the improvement, the resolution shall fix a time from and after its passage, and a place, for hearing on the resolution. The resolution shall be published for two (2) consecutive weeks before the time of hearing in the official newspaper of the City and a notice of the date of such hearing shall be given each owner or reputed owner of the abutting property by (Revised 10/03) 11.08-2 personal delivery or by mailing to the owner or reputed owner of the property as shown on the tax rolls of the county treasurer, at the address shown thereon a notice of the date of hearing. Such mailing to be at least ten (10) days before the date fixed for such hearing. If the publication and mailing is made as herein required, proof thereof by affidavit shall be filed with the City Clerk before the hearing. The hearing may be postponed from time to time to a definite date until the hearing is held. At the time of hearing, the Council shall hear persons who appear for or against the improvement, and determine whether it will or will not proceed with the improvement and whether it will make any changes in the original plan, and what the changes shall be. This action may be taken by motion adopted in the usual manner. (Ord. 4856 §2 (in part), 2003; Ord. 1907 §3, 1950) 11.08.050 SIDEWALK CONSTRUCTION FUND. When all or any portion of the cost is to be assessed against the abutting property owner, the City Council may create a “Sidewalk Construction Fund No. ....” to be numbered differently for each improvement; and with warrants drawn on this fund the cost of the respective improvements may be paid. The City may advance as a loan to the sidewalk construction fund from any available funds the amounts necessary to pay any costs of the improvement. When any assessments are made for the improvement payments therefor shall be paid into the particular sidewalk improvement fund; and whenever any funds are available over the amounts necessary to pay outstanding warrants any advances or loans made to the fund shall be repaid. Whenever warrants are drawn on any such fund which are not paid for want of sufficient funds, they shall be so stamped and shall bear interest until called and paid at a rate established by the City Council by resolution. (Ord. 4856 §2 (in part), 2003; Ord. 1907 §4, 1950) 11.08.060 ASSESSMENT ROLL - PREPARATION AND FILING - NOTICE OF HEARING - AFFIRMATION, MODIFICATION, REJECTION, OR RECASTING OF ASSESSMENT ROLL - APPEAL. Where all or any portion of the costs are to be assessed against the abutting property, an assessment roll shall be prepared by the proper City official or by the City Council which shall to the extent necessary be based on benefits and which shall describe the property assessed, the name of the owner, if known, otherwise stating that the owner is unknown and fixing the amount of the assessment. The assessment roll shall be filed with the City Clerk, and when so filed the Council shall by resolution fix a date for hearing thereon and direct the Clerk to give notice of such hearing and the time and place thereof. The notice of hearing shall be mailed to the person whose name appears on the County Treasurer ’s tax roll as the owner or reputed owner of the property, at the address shown thereon, and shall be published before the date fixed for the hearing for two (2) consecutive weeks in the official newspaper or regular official publication of the City. The notice shall be mailed and first publication made at least ten (10) days before the hearing date. Proof of mailing and publication shall be made by affidavit and shall be filed with the City Clerk before the date fixed for the hearing. Following the hearing the City Council shall by ordinance affirm, modify or reject, or order recasting of the assessment roll. An appeal may be taken to the Superior Court from the ordinance confirming the assessment roll in the same manner as is provided for appeals from the assessment roll pursuant to Chapter 35.44 RCW. (Ord. 4856 §2 (in part), 2003; Ord. 1907 §5, 1950) 11.08.070 MANNER OF PAYMENT OF ASSESSMENT. The City Council shall provide whether the full amount of the assessment shall be paid in one (1) payment or whether it may be paid in installments and shall prescribe the time and amount of such payments; and if more than one (1) payment is provided for, the City Council may provide for interest on unpaid installments and fix the rate thereof. (Ord. 4856 §2 (in part), 2003; Ord. 1907 §6, 1950) 11.08.080 LIEN - FORECLOSURE - PROCEEDINGS AS CONCLUSIVE. The assessment roll as affirmed or modified by the City Council shall be filed with the City Treasurer for collection, and the amount thereof including interest, if any, shall become a lien against the property described therein from the date of such filing. Whenever any payment on any assessment or installment is delinquent and unpaid for a period of thirty (30) days or more the lien may be foreclosed in the same manner and with the same effect as is provided by Chapter 35.49 RCW, as amended. Whenever the deed is issued after the sale therein provided, the regularity, validity, and correctness of the proceedings relating to such improvement and the assessment therefor shall be final and conclusive and no action shall thereafter be brought by or in behalf of any person to set aside said deed. (Ord. 4856 §2 (in part), 2003; Ord. 1907 §7, 1950) 11.08.090 CITY ENGINEER TO SUPERVISE. Whenever any sidewalk, curb or driveway on public rights-of-way in the City is to be constructed, the City Engineer shall, in addition to establishing the alignment and grade, be vested with general supervision in order to 11.08-3 (Revised 10/03) ensure a quality of construction in keeping with general plans and specifications applicable to the locality in which the work is being done. To that end, whenever an abutting property owner proposes to construct or reconstruct a sidewalk, curb or driveway it shall be his/her duty, either in person or through his/her contractor, in the event the work is to be done by contract, to notify the City Engineer of the time the work is to be commenced. (Ord. 4856 §2 (in part), 2003; Ord. 2258 §1, 1957) 11.08.100 PERMIT REQUIRED - APPLICATION. No person, firm or corporation shall construct or reconstruct any curb, sidewalk or driveway on public rights-of-way without first obtaining a permit from the City. Such permit shall be issued by the City Engineer upon written application describing accurately the location of the work to be done and a description of the work to be done. The applicant shall pay the sum of one dollar ($1.00) at the time of filing his/her application. (Ord. 4856 §2 (in part), 2003; Ord. 2258 §2, 1957) 11.08.110 DEPOSIT TO ACCOMPANY PERMIT APPLICATION. At the time of filing his/her application for a permit the applicant shall deposit with the Engineering Department a fee equal to twenty cents ($0.20) per lineal foot of frontage on the street with a minimum fee of twenty dollars ($20.00), which sum shall be used to help defray the costs of setting grades and alignment. (Ord. 4856 §2 (in part), 2003; Ord. 2258 §3, 1957) 11.08.120 REJECTION OF PERMIT APPLICATION. Whenever in the opinion of the Engineer the construction of a curb and/or gutter will create a hazard to adjoining property or to the City he/she may deny the application for the construction of a curb and/or gutter and shall set forth on the application the reasons for his/her rejection of the application. (Ord. 4856 §2 (in part), 2003; Ord. 2258 §4, 1957) 11.08.130 LIABILITY INSURANCE REQUIRED. Before any permit is granted to any person, firm or corporation, for the construction or reconstruction of any curb, sidewalk or driveway upon public rights-of-way, such person, firm or corporation shall secure and deliver to the City and file with the City Engineer a copy of public liability insurance to be approved by the City Attorney in the sum of five thousand dollars ($5,000) for property damage and five thousand dollars ($5,000) for injury to one (1) person and ten thousand dollars ($10,000) for all persons injured in one (1) accident, which policy of public liability insurance shall be the usual form of premises liability insurance. (Ord. 4856 §2 (in part), 2003; Ord. 2258 §5, 1957) 11.08.140 STAKING. Where the property owner required the staking of lines or grades for walks, curbs, streets or drives where such staking is to provide the property owner with controls for construction of buildings, walks, driveways or other improvements on his/her own property, the property owner shall make application to the City Engineer for such staking. The City Engineer shall perform the work of staking such lines or grades and shall charge to the property owner the cost to the City for such work on the basis of time, materials and equipment rental at an hourly rate not less than six dollars and fifty cents ($6.50). (Ord. 4856 §2 (in part), 2003; Ord. 2258 §6, 1957) 11.08.150 VIOLATION - PENALTY. (a) Any violation of BMC 11.08.100 constitutes a civil violation under Chapter 1.04 BMC for which a monetary penalty may be assessed and abatement and/or enforcement 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 chapter shall be guilty of a misdemeanor pursuant to BMC 1.12.020(2). Each day, or a portion thereof, during which a violation occurs shall constitute a separate violation. (Ord. 4856 §2 (in part), 2003; Ord. 4733, Reaffirmed, 11/30/2000; Ord. 4680, Amended, 12/17/1999; Ord. 2968 §3, 1971) 11.08.160 RCW ADOPTED. Chapter 35.69 RCW is adopted for the regulation of construction and reconstruction of sidewalks, the expense of which is to be borne by the abutting owner and the provision of this section will be in addition to any other method provided for by ordinance of the City. (Ord. 4856 §2 (in part), 2003; Ord. 2331 §1, 1959) 11.10-1 (Revised 10/03) Chapter 11.10 SIDEWALKS - DUTIES OF ABUTTING PROPERTY OWNERS Sections: 11.10.010 MAINTENANCE OF HAZARDOUS CONDITIONS PROHIBITED. 11.10.020 DUTY TO MAINTAIN, CLEAN AND REPAIR SIDEWALK. 11.10.030 SIDEWALK RELOCATION. 11.10.040 VIOLATION - PENALTY. 11.10.010 MAINTENANCE OF HAZARDOUS CONDITIONS PROHIBITED. (a) It shall be the duty of persons occupying property abutting on public sidewalks to keep those sidewalks free of snow, ice, obstruction or other objectionable thing. It shall be the duty of the owner and/or any person, firm, or corporation occupying or having charge or control of any premises abutting upon any public street, right-of-way, or alley, or beneath such public sidewalk area in the City to construct, place, cause, create, maintain, or permit to remain upon any part of said right-of-way located between the curbline, or if there is no curbline, then between the adjacent edge of the traveled portion of such right-of-way and the abutting property line, any condition, structure, or object dangerous or hazardous to the use of said right-of-way by the members of the general public including, but not limited to, the following conditions: (1) Defective sidewalk surfaces including, but not limited to, broken or cracked cement, stub-toes, depressions within or between sidewalk joints; (2) Defective cement surfaces placed adjacent to the public sidewalk or defects at the juncture between said cement surfaces and said public sidewalks, including stub-toes or depressions at said junction; (3) Defects in sidewalks or public ways caused or contributed to by the roots of trees or similar growth or vegetation located either on private adjoining property or on the parking strip portion of any such street right-of- way; (4) Defective conditions caused by tree limbs, foliage, brush or grass on or extending over such public sidewalks or rights-of-way; (5) Defective conditions on the planting strip, unless posted for parking; (6) Defects resulting from accumulation of ice and snow on public sidewalks or on the right-of-way between the curbline or, if there is no curbline, then between the adjacent edge of the traveled portion of the street roadway and the abutting property line; (7) Defects consisting of foreign matter on the public sidewalks including, but not limited to, gravel, oil, grease, or any other foreign subject matter that cause pedestrians using said sidewalk to fall, stumble or slip by reason of the existence of such foreign matter; (8) Defective handrails or fences or other similar structures within or immediately adjacent to said right-of-way. (b) The term “person occupying property” shall mean owners, tenants, subtenants and licensees who occupy or are entitled to occupy and make general use of property. (1) In the case of apartment houses, rooming houses, courts, and similar buildings, the term “person occupying property” shall mean that person or persons owning or in control and management of the building on the property. (2) In the case of office buildings, duplexes and other property occupied by more than one (1) person, firm or family and not included in subsection (b)(1) of this section the term “person occupying property” shall mean each of the owners or occupants of such building whose premises are on the sidewalk level and they shall be responsible for so much of the sidewalk as is adjacent to their premises. (Ord. 4856 §7 (in part), 2003; Ord. 4260 §5, 1990; Ord. 4211 §8, 1989; Ord. 2968 §1, 1971) 11.10.020 DUTY TO MAINTAIN, CLEAN AND REPAIR SIDEWALK. Whenever any public right-of-way in the City has been improved by the construction of a sidewalk along either side thereof, the duty and expense of the maintenance, cleaning, repair and renewal of said sidewalk, including the erection or maintenance of suitable barriers along the outer margin of said sidewalk where the same is elevated more than two (2) feet above the abutting property, shall be upon the owner of the directly abutting property. All such repairs shall be made after application for and issuance of a proper building permit therefor, as required by law, and all of such work to be duly inspected and approved by the city engineer. (Ord. 4856 §7 (in part), 2003; Ord. 2968 §2, 1971) 11.10.030 SIDEWALK RELOCATION. Any person, firm or corporation desiring to change or relocate any sidewalk in front of and abutting its property shall make application in writing to the engineering department of the city, and such application shall contain, among others, the exact location of such proposed change or relocation, the location of any new sidewalk to be laid and the connections and locations of other sidewalks upon such street; no change or relocation of any sidewalk shall be made until the issuance of an appropriate permit (Revised 10/03) 11.10-2 therefor. (Ord. 4856 §7 (in part), 2003; Ord. 2968 §4, 1971) 11.10.040 VIOLATION - PENALTY. (a) Any violation of any provision of this chapter constitutes a civil violation under Chapter 1.04 BMC for which a monetary penalty may be assessed and abatement and/or enforcement 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 chapter shall be guilty of a misdemeanor pursuant to BMC 1.12.020(2). Each day, or a portion thereof, during which a violation occurs shall constitute a separate violation. (Ord. 4856 §7 (in part), 2003; Ord. 4733, Reaffirmed, 11/30/2000; Ord. 4680, Amended, 12/17/1999; Ord. 2968 §4, 1971) 11.12-1 (Revised 10/03) Chapter 11.12 TRANSPORTATION DEVELOPMENT CODE Sections: 11.12.010 TITLE. 11.12.020 PURPOSE. 11.12.030 AUTHORITY. 11.12.040 TERRITORIAL APPLICATION. 11.12.050 DEFINITIONS. 11.12.060 TRAFFIC IMPACT ANALYSIS REPORTS. 11.12.070 TRAFFIC IMPACT MITIGATION. 11.12.080 DESIGN AND CONSTRUCTION ENGINEERING STANDARDS AND DEVIATIONS. 11.12.090 DEDICATION OF RIGHT-OF- WAY. 11.12.100 EASEMENTS. 11.12.110 STREET FRONTAGE IMPROVEMENTS. 11.12.120 LANDSCAPING IN RIGHTS-OF- WAY, EASEMENTS AND ACCESS TRACTS. 11.12.130 PRIVATE STREETS. 11.12.140 ACCEPTANCE OF PRIVATE STREETS AS DEDICATED PUBLIC STREETS. 11.12.150 DRIVEWAYS. 11.12.160 PRIVATE INTERSECTION OPENING. 11.12.170 STREET ENDS. 11.12.180 PARKING CIRCULATION. 11.12.190 TRAFFIC SIGNALS. 11.12.200 STREET LIGHTING. 11.12.210 TRAFFIC CONTROL. 11.12.220 UTILITY COMPANIES. 11.12.230 STREET INTERSECTION SIGHT DISTANCE REQUIREMENTS. 11.12.240 SIGHT DISTANCE REQUIREMENTS FOR PEDESTRIAN SAFETY. 11.12.250 PAVEMENT RESTORATION FOR TRENCHING IN RIGHT- OF-WAY. 11.12.260 VIOLATION - PENALTY. 11.12.010 TITLE. This section shall be known as the “Transportation Development Code.” (Ord. 4856 §5 (in part), 2003) 11.12.020 PURPOSE. The purpose of this chapter is to implement the transportation element of the City comprehensive plan, and to provide an orderly process for the adoption, implementation, interpretation and modification of City transportation system development standards. (Ord. 4856 §5 (in part), 2003) 11.12.030 AUTHORITY. The Department of Public Works and Utilities by and through its Director is charged with the administration and enforcement of the provisions of this chapter. The Director shall have the authority to: (a) Develop and adopt procedures as needed to implement this Code and to carry out the responsibilities of the Department. (b) Request the assistance of other City departments to administer and enforce this Code. (c) Assign the responsibility for interpretation and application of specified procedures to divisions within the Department of Public Works and Utilities. (d) Require or allow a performance or maintenance assurance surety when authorized by a provision of this chapter (e) Act as final authority for appeals and requests for variance from requirements of this chapter. (f) Amend, interpret, and allow deviations from the City of Bremerton design and construction standards (engineering standards) when the Director finds that said reasons are in the best interest of the community. The Director is further authorized to establish minimum requirements for the design and construction of transportation facilities, utilities, and other public infrastructure, and requirements for protecting existing facilities during construction. The engineering standards shall be consistent with this Code and adopted City policies. Modifications to or deviations from adopted engineering standards must be supported, in writing, and demonstrate that the public interest is protected, and the modification is based upon sound engineering and/or public safety principles and adequately addresses all relevant functional, safety, maintenance, and aesthetic concerns. If a deviation is requested by an applicant, the Director shall require all necessary information to be provided by the applicant, and the applicant shall pay all City costs, including staff time and consultant fees, associated with reviewing and approving the deviation request. (g) Apply for grants to conduct transportation improvements. (h) Delegate, in writing, the Director ’s authority to perform any of the tasks required of him/her under this chapter to other personnel with the Department, as is needed for the effective and efficient administration of (Revised 10/03) 11.12-2 the Department and the duties required under this chapter. (Ord. 4856 §5 (in part), 2003) 11.12.040 TERRITORIAL APPLICATION. This chapter shall apply to all development within the City. No permit shall be issued for any development in the City unless mitigation conditions, or improvements required by this chapter are made conditions of the permit. (Ord. 4856 §5 (in part), 2003) 11.12.050 DEFINITIONS. The following words and phrases, when used in this chapter, shall have the following meanings unless the context clearly indicates otherwise: (a) “Activity centers” means locations such as schools, parks, retail areas and shopping centers, places of employment, or public service agencies that attract people. (b) “Bicycle facilities” is a general term referring to improvements that accommodate or encourage bicycling, including, but not limited to, parking facilities, bike racks, and improvements to bicycle routes. (c) “Bicycle route” means any route designated for bicycle travel in the comprehensive plan, whether exclusive for bicyclists or to be shared with other transportation modes. (d) “Cul-de-sac” means a street closed at one (1) end by widened pavement of sufficient size for vehicles to turn around. (e) “Curb (wheelchair) ramp” means a ramp cut into a roadway curb and sidewalk to allow access for physically challenged pedestrians to and from sidewalks and streets. (f) “Dedication” shall mean the transfer of land or interest in land by the owner of such land to the City for public uses, reserving no other rights than such as are compatible with the full exercise and enjoyment of the uses to which the property has been dedicated. (g) “Developer” or “applicant” means the property owner and his/her authorized agents or contractors responsible for a project. (h) “Development” shall mean any modification to any existing structure, modifications of the existing natural landscape above and below ground or water, new construction or modification of a site previously modified by human activity. (i) “Director” means the Director of the Department of Public Works and Utilities of the City of Bremerton or his/her designated or authorized representative. (j) “Easement” means a privilege to use the land of another, or to restrict the use of the land of another, for a designated purpose. “Easement,” as used herein, unless the context clearly designates otherwise, shall be an easement appurtenant, and shall be in a form approved by the City, and recorded with the Kitsap County Auditor as an encumbrance on the subservient estate. (k) “Gross square feet” means the total number of square feet within the finished wall surface of the outer building walls of a structure, including enclosed parking, but excluding vent shafts, outdoor courts and parking. (l) “High occupancy vehicle (HOV)” means an automobile, vanpool, bus or other motor vehicle with two (2) or more occupants. (m) “Mixed use development” means the development of a contiguous tract of land, a building or a structure with two (2) or more different uses as identified in the Land Use Code. (n) “Mode split” means the percentage of overall trips made by different means of transportation. (o) “Peak period” means the two (2) hour a.m. or p.m. period during which the greatest volume of traffic uses the road system impacted by the project traffic. (p) “Project” means development or redevelopment for which a City permit is required. (q) “Redevelopment” means either renovation of a structure where the cost or value (whichever is greater) of renovation is greater than or equal to twenty-five percent (25%) of the Kitsap County assessed value of that structure, or modification of the land, where the cost or value (whichever is greater) of the modification is greater than or equal to twenty-five percent (25%) of the Kitsap County assessed value of the land. (r) “Right-of-way (public)” means all real property dedicated to public use for street purposes, utilities, walkways, sidewalks, bikeways, parking, or buffer strips, whether improved or unimproved, including the sub- surface rights and easements related thereto. (s) “Single occupancy vehicle (SOV)” means a motor vehicle transporting the driver only. (t) “Street frontage” means any part of private or public property that borders a public right-of-way dedicated for use by motorized vehicles. (u) “Street tree” means a tree planted for landscaping purposes within the public right-of-way. (v) Street vegetation” means vegetative plantings, including trees, used for landscaping purposes within the public right-of-way. (Ord. 4856 §5 (in part), 2003) 11.12.060 TRAFFIC IMPACT ANALYSIS REPORTS. Traffic impact analysis reports are required for proposed development projects when the City Engineer has reason to believe that the impact on the City’s existing or planned future transportation facilities will be significant. “Significant,” for this purpose, means generating, on any portion of the City’s transportation system, in excess of two percent (2%) more traffic above the existing base line at either the peak period or for the average day where the base line shall be determined by 11.12-3 (Revised 10/03) the City Engineer. The City Engineer may require the traffic study to include any elements determined necessary in order to evaluate the nature and extent of appropriate mitigation measures. The report shall contain quantification of existing traffic, including existing LOS circulation, and parking plus that for the site after the proposed project is constructed. The analysis shall consider traffic impacts during the peak period. If the development generates significant traffic volumes outside the peak period of the adjacent road system, the City Engineer will determine the appropriate time interval of the analysis. The report shall also propose means to mitigate the impacts of the project in accordance with BMC 11.12.070. The traffic impact analysis shall be prepared by a Washington Registered Professional Engineer who is qualified in traffic engineering. (Ord. 4856 §5 (in part), 2003) 11.12.070 TRAFFIC IMPACT MITIGATION. (a) The City Engineer shall impose conditions necessary to mitigate all impacts of traffic, circulation and parking resulting from a project. For segments, intersections or other portions of the street system for which a level of service (LOS) standard has been adopted within the current comprehensive plan of the city, mitigation measures shall be sufficient, in the estimation of the City Engineer, to assure that such segments, intersections or other portions of the street system continue to meet or exceed the adopted LOS standards after full project occupancy and operation. For segments, intersections or other portions of the street system for where the present LOS is below the standard that has been adopted in the current comprehensive plan, the mitigation measure shall be sufficient in the estimation of the City Engineer to maintain or exceed the present LOS. Mitigation measures may include, but are not limited to, channelization; intersection modifications; signal installation, modification, or replacement; installation of acceleration/deceleration lanes; turn lanes and medians. (b) Required traffic mitigations related to LOS standard shall not require that an applicant mitigate portions of traffic not attributable to the project. (c) The City Engineer may require the applicant to participate in the funding of mitigation measures required as a result of traffic impacts associated with development on the property in lieu of construction of the improvements if the City Engineer determines that the delay in construction will not adversely impact the City Transportation System, and the best interests of the public would be better served by the delay. (Ord. 4856 §5 (in part), 2003) 11.12.080 DESIGN AND CONSTRUCTION ENGINEERING STANDARDS AND DEVIATIONS. (a) All projects shall be designed and constructed in accordance with the current City of Bremerton Design and Construction Standards (also referred to as the engineering standards) as on file with the Department of Public Works and Utilities. The engineering standards shall also apply wherever any public work is performed within the City of Bremerton. City capital improvement projects, maintenance projects, utility projects and other projects performed by or on behalf of City employees shall meet all standards outlined in this document, except for otherwise approved deviations. These standards are not intended to apply to “resurfacing, restoration, and rehabilitation projects” as those terms are defined in the most current Local Agency Guidelines, Washington Department of Transportation (WSDOT). Except where the engineering standards or the provisions of this chapter provide otherwise, all design, construction, and materials shall conform to the most current of the following publications: (1) WSDOT/APWA Standard Specifications for Road, Bridge, and Municipal Construction, hereinafter referred to as the “WSDOT/APWA Standard Specifications”; (2) WSDOT/APWA Standard Plans for Road, Bridge, and Municipal Construction, hereinafter referred to as the “WSDOT/APWA Standard Plans”; and (3) A Policy on Geometric Design of Highways and Streets, AASHTO; “Manual on Uniform Traffic Control Devices,” FHWA. (b) An applicant may request a deviation from an engineering standard. Requests for deviation shall be made by the applicant in writing and shall include the specific standard from which deviation is requested, an engineering report, calculations, or other technical documentation that provides a basis for the deviation. The deviation may only be granted if the applicant demonstrates with clear and convincing evidence, that: (1) The deviation is required due to geotechnical, topographical, or other physical constraints that are beyond the control of the applicant. (2) The unavailability of specified materials and the substitute materials will equal or exceed the performance criteria of the specified materials. (3) The public safety and welfare will not be adversely impacted by the deviation. (4) The deviation with not detract from the intent and purpose of this chapter or the engineering standards. (5) The other requirements of BMC 11.12.030(f) are met. (Ord. 4856 §5 (in part), 2003) (Revised 10/03) 11.12-4 11.12.090 DEDICATION OF RIGHT-OF-WAY. The City may require the dedication of right-of-way in order to incorporate transportation improvements that are reasonably necessary to mitigate the direct impacts of the development. The property owner may be required to dedicate right-of-way to accommodate: (a) Motorized and nonmotorized transportation, landscaping, utility, street lighting, traffic control devices, and buffer requirements; and (b) Street frontage improvements where the existing right-of-way is not adequate to meet current right-of-way width requirements; and (c) The extension of existing or future public street improvements. (d) Other transportation facilities deemed necessary by the Director of Public Works and Utilities in order to mitigate the impacts identified in the development. (Ord. 4856 §5 (in part), 2003) 11.12.100 EASEMENTS. (a) The City may require the dedication of such easements as are necessary to provide all necessary public services, utility services, and motorized and nonmotorized circulation corridors in and through the development, consistent with the provisions of the comprehensive plan and other adopted City plans. Easements may include, but are not limited to uses for private streets, sidewalks, street lighting, traffic control devices, temporary construction, and pathways. Design features of a street may necessitate the granting of slope, wall, and drainage easements. (b) Nonmotorized easements may be required where necessary to facilitate pedestrian circulation between neighborhoods, schools, shopping centers and other activity centers even if the facility is not specifically shown on the City’s comprehensive plan. (c) Nonmotorized easements shall be wide enough to include the trail width and a minimum clear distance of two (2) feet on each side of the trail. Easement width may vary according to site-specific design issues such as topography, buffering, and landscaping. (d) Nonmotorized easements shall be designated “City of Bremerton Nonmotorized Public Easement” and easement documents shall specify maintenance responsibilities. (Ord. 4856 §5 (in part), 2003) 11.12.110 STREET FRONTAGE IMPROVEMENTS. (a) The installation of street frontage improvements in accordance with the engineering standards is required prior to issuance of development and building permits for all new development and redevelopment for all land use types, unless one (1) or more of the following exceptions are met: (1) The property is undergoing redevelopment, is zoned as single-family residential, has one (1) single-family residence, and has less than two hundred (200) feet of total frontage; (2) Adjacent street frontage improvements are unlikely to be installed in the foreseeable future as determined by the Director; or (3) The installation of the required improvement would cause significant adverse environmental impacts. (b) Complete street frontage improvements shall be installed along the entire street frontage of the property at the sole cost of the applicant as directed by the Director. Street frontage improvements may include curb, gutter, sidewalk, storm drainage, street lighting, traffic signal equipment, utility installation or relocation, landscaping strip, trail, street trees and landscaping, irrigation, street widening, turn pockets, and channelization or other improvements deemed necessary by the Director to mitigate the impacts of the development. Specific improvements will vary on a site- by-site basis and shall be determined by the Director. Beyond the property frontage, the applicant shall provide ramps from the new sidewalk or walkway to the existing shoulder, and pavement and channelization tapering back to the existing pavement and channelization as needed for safety and in accordance with accepted engineering practice. (c) When, due to site topography, City plans for improvement projects, or other similar reasons, the City Engineer determines that street frontage improvements cannot or should not be constructed at the time of building construction, the Director may, in his/her discretion, allow the applicant to pay to the City an amount equal to the property owner’s cost of installing the required improvements. Payment shall be made prior to issuance of a building permit. The property owner shall provide documentation satisfactory to the City of materials costs, quantities, and labor costs; or, in the Director’s discretion, record an agreement binding to the property, which provides for these improvements to be installed and paid for by the property owner by a date acceptable to the City; and record an agreement binding to the property to not protest a Local Improvement District to improve the street frontage. (Ord. 4856 §5 (in part), 2003) 11.12.120 LANDSCAPING IN RIGHTS-OF- WAY, EASEMENTS AND ACCESS TRACTS. (a) Preservation of existing street trees and landscaping may be required along City streets as a condition of permit approval. (b) For any development wherever it is necessary to remove or relocate street vegetation in connection with 11.12-5 (Revised 10/03) the widening of the street or highway, the paving of a sidewalk, or the installation of ingress or egress, the property owner shall replant such vegetation in size and kind or replace them according to engineering standards, as determined by the City Engineer, and BMC 13.10.080. (c) Any existing landscaping in the right-of-way not included in the development plans that is disturbed by construction activity on private property shall be replaced or restored to its original condition by the property owner. (d) Landscaping and other improvements within the right-of-way are subject to removal at the request of the City when the right-of-way is needed for public use. (e) Street Tree and Landscaping Installation Requirement. (1) Street landscape installation or improvement is required when applicable projects are to be undertaken along major arterials and other streets as identified in the comprehensive plan and in accordance with the engineering standards. (2) Ground cover shall be provided for site frontage right-of-way with a potential for erosion. (f) Species Selection. Selection of tree species shall comply with the engineering standards, Chapter 13.10 BMC, and the comprehensive plan. (g) Maintenance of plant materials shall be in accordance with Chapters 9.14 and 13.10 BMC. (Ord. 4856 §5 (in part), 2003) 11.12.130 PRIVATE STREETS. Private streets will be allowed only when the comprehensive plan does not designate the area will be served by a public street, and the following criteria are met: (a) The street design and construction is in conformance with engineering standards; and (b) A covenant which provides for maintenance and repair of the private street by property owners has been approved by the City and recorded with Kitsap County; and (c) The covenant includes a condition that the private street will remain open at all times for emergency and public service vehicles; and (d) The private street would not hinder public street circulation; and (e) At least one (1) of the following conditions exists: (1) The street would ultimately serve four (4) or fewer lots; or (2) The street would ultimately serve more than four (4) lots, and the City Engineer and the Fire Chief determine that no other access is available. In addition, the proposed private street would be adequate for transportation and fire access needs, and the private street would be compatible with the surrounding neighborhood character; or the private street would be part of a Planned Unit Development; or the private street would serve commercial or industrial facilities where no circulation continuity is necessary as determined by the City. (Ord. 4856 §5 (in part), 2003) 11.12.140 ACCEPTANCE OF PRIVATE STREETS AS DEDICATED PUBLIC STREETS. Acceptance of private streets as dedicated public streets will be considered if the street meets all City street design and construction standards for public streets at the time the dedication is requested. Consideration of acceptance is also subject to the requirements of other City of Bremerton departments. Final acceptance is subject to City Council approval. The following criteria will be evaluated: (a) Acceptability of street and utility construction. Pavement condition shall be brought up to the standards of new construction and the observable condition index is ninety (90) or greater as determined by the City Engineer. (b) Condition of title. (c) Survey requirements for monumentation and conveyance. (d) The need for additional right-of-way and easements. (e) The benefit to the public of accepting the dedication. (f) Cost of accepting the street, including future maintenance costs. (Ord. 4856 §5 (in part), 2003) 11.12.150 DRIVEWAYS. (a) Driveways and parking areas shall be designed such that vehicles attempting to enter the driveway or parking area will not impede vehicles in the travel lane of the public street. (b) Whenever possible, access for commercial and multifamily property shall be provided onto streets that do not abut single-family residential land uses. (c) Combined driveways for adjoining properties are encouraged. In conjunction with approval of a development, the City may require the applicant to provide an access and circulation easement to an abutting owner where joint access is reasonable to serve future development. (d) The installation of driveways onto arterials may be denied if alternate access is available. Owners applying for development permits on State routes and principal arterials shall demonstrate that they have made efforts to reduce the number of driveways along their frontage through formation of private shared easements or other means as a result of their projects. (Revised 10/03) 11.12-6 (e) The continued use of pre-existing driveways must meet all requirements of this section with the development of a site. (f) All abandoned driveways on the street frontage to be improved shall be removed and new curb, gutter and sidewalk shall be installed. (g) Driveway approach grade and configuration shall accommodate planned future street widening in accordance with the comprehensive plan to prevent the need for major driveway reconstruction. (h) No commercial driveway will be approved where backing onto the sidewalk or street will occur. (i) The City may restrict left turns to and from a driveway, either at the time of development or in the future, without compensating the property owner for any resulting impacts as a result of such restriction. (j) Unless there exists no other access to the property in question, the City will not permit any driveway to be located any closer than one hundred (100) feet from any other driveway, measured from nearest edge to nearest edge. If there exists no other access to the property in question, driveways shall be located as far apart as reasonably possible. (k) Unless there exists no other access to the property in question, the City will not permit any driveway to be located any closer than one hundred fifty (150) feet from the nearest cross street, measured from nearest edge to nearest edge. If there exists no other access to the property, the driveway shall be located as far away from the cross street as possible. Access onto State highways shall conform to Chapter 468-52 WAC. (l) The City shall not permit more than one (1) driveway or street opening on any property having a street frontage on principal arterials of two hundred (200) feet or less. (m) On streets other than principal arterials, the City shall not permit more than one (1) driveway or street opening on any property having a street frontage of one hundred (100) feet or less. (n) Driveways shall be located at least five (5) feet from the property line. (o) Driveways onto principal arterials, including State routes, shall include deceleration lane, and acceleration lanes. (p) Deviations from this section may be approved at the discretion of the Director if: (1) The modification is reasonable and necessary for development of the property; and (2) The modification will not create an unsafe condition for motorists or pedestrians. (Ord. 4856 §5, 2003) 11.12.160 PRIVATE INTERSECTION OPENING. A private intersection opening may be required at the discretion of the City Engineer in lieu of a conventional driveway when the projected driveway traffic is greater than one thousand (1,000) vehicles per day. (a) A private intersection may include the following elements: (1) Traffic signalization; (2) Easements; (3) A minimum one hundred (100) foot storage area turn pocket plus taper between the face of curb and any turning or parking maneuvers within the development; (4) The opening is at least one hundred fifty (150) feet from the near side face of curb of the nearest intersecting street; (5) The opening is at least one hundred (100) feet from any other driveway on the property frontage under the control of the property owner. (Ord. 4856 §5 (in part), 2003) 11.12.170 STREET ENDS. (a) All dead-end public streets and private streets shall be designed as a cul-de-sac, except as provided in subsection (b) of this section. (b) A “hammerhead” turnaround may be used in lieu of a cul-de-sac if the street is less than two hundred (200) feet long and serves six (6) or fewer lots. Such an alternative design may be used if approved by the City Engineer and the Fire Chief. (Ord. 4856 §5 (in part), 2003) 11.12.180 PARKING CIRCULATION. Parking lot and circulation needs shall be met on site. The public right-of-way shall not be used as part of one-way parking lot flow, or other site circulation. (Ord. 4856 §5 (in part), 2003) 11.12.190 TRAFFIC SIGNALS. (a) When a proposed street or driveway design interferes with existing traffic signal facilities, traffic signal modification or relocation must be provided and paid for by the applicant. (b) To mitigate the traffic impacts of a development, modification of an existing signal or installation of a new signal may be required to be provided and paid for by the applicant as determined by the Director. (c) All traffic signal design modifications shall be prepared by a Washington Registered Professional Engineer experienced in traffic signal design and included in the traffic impact analysis report specified in BMC 11.12.060. (Ord. 4856 §5 (in part), 2003) 11.12-7 (Revised 10/03) 11.12.200 STREET LIGHTING. (a) Street lighting is required along all public streets, including new public streets in subdivisions and short subdivisions in accordance with the engineering standards and BMC 11.12.110. The property owner is responsible for design and installation of new lighting and relocation of existing lighting along the street frontage of the development. (b) All street light installations, including wiring, conduit, and power connections, shall be located or relocated underground except in residential areas with existing above-ground utilities. (c) For new subdivisions, the City will accept maintenance and power cost responsibility for the public street light system when a subdivision is fifty percent (50%) or more occupied. Until then, the property owner shall remain responsible for the maintenance of and energy charges for the street lighting system. The property owner shall notify the City when fifty percent (50%) occupancy is obtained. (d) The City will not accept maintenance and power cost responsibility for a public street light system that does not conform to the City’s most current engineering standards. (e) Street illumination in accordance with engineering standards is required at the intersection of a private street and a public street. No street lighting is required along a private street. (Ord. 4856 §5 (in part), 2003) 11.12.210 TRAFFIC CONTROL. (a) Temporary traffic control to ensure traffic and pedestrian safety during construction activities must be provided by the property owner at the owner ’s expense. A plan meeting the approval of the City Engineer must be developed prior to starting construction activities. (b) The developer is responsible for supplying and installing all necessary permanent traffic control devices such as street name signs, stop signs, speed limit signs, and channelization, all in accordance with City Standards and the MUTCD. (c) Neighborhood traffic control devices such as speed humps, traffic circles, curb extensions, etc., are devices used to control vehicle speeds and cut-through traffic. Installation of these devices will be permitted only in accordance with engineering standards and warrants, and with approval by the City Engineer. (Ord. 4856 §5 (in part), 2003) 11.12.220 UTILITY COMPANIES. (a) Subject to the rules, regulations and schedules of the WUTC for private utilities, utility companies with facilities in City right-of-way shall relocate their facilities at their own expense when the relocation is necessary to accommodate public street improvements. The improvement work must be required by the City in order for the relocation work to be the financial responsibility of the utility; otherwise, all costs shall be the responsibility of the property owner. In the event such utility company is subject to a franchise agreement or right-of-way use agreement with the City, such agreement shall control any relocation requirement. (b) All new utility transmission, distribution or collection systems in new subdivisions and short subdivisions, including power, telephone, television, cable, Internet cable, and all other telecommunications shall be installed underground unless otherwise provided in a franchise agreement or right-of-way agreement. (c) Above-ground utility devices (e.g., poles and transformers) shall be located as shown in the engineering standards and shall not under any circumstances reduce the unobstructed width of the sidewalk to less than forty-two (42) inches. (d) Utility companies are subject to the Department of Public Works and Utilities policies regarding “Type B Right-of-Way Use,” “Elimination of Nuisance Utility Poles,” “Trenching in the Right-of-Way,” and other policies as prepared and updated by the Director. (Ord. 4856 §5 (in part), 2003) 11.12.230 STREET INTERSECTION SIGHT DISTANCE REQUIREMENTS. No new development, redevelopment, and maintenance of existing conditions (e.g., parking, vegetation growth, or other obstructions) shall result in obstruction of sight distance to motor vehicle operators as determined by the Director. Specific criteria for identification of sight obstructions are set forth in the City’s Engineering Design and construction standards. (Ord. 4856 §5 (in part), 2003) 11.12.240 SIGHT DISTANCE REQUIREMENTS FOR PEDESTRIAN SAFETY. (a) The minimum sight distance for pedestrian safety shall be determined as follows: the driver of an exiting vehicle shall be able to view a one (1) foot-high object in the center of a sidewalk or shoulder and located fifteen (15) feet away from either edge of the driveway throat when the driver ’s eye is fifteen (15) feet behind the back of the sidewalk. (b) The minimum sight distance defined in subsection (a) of this section shall be maintained at all driveways, buildings, and garage entrances where structures, wing walls, etc., are located adjacent to or in close proximity to a pedestrian walkway. (c) Sight lines to traffic control devices such as signs, signals, etc., shall not be obscured by landscaping, street furniture, marquees, awnings, or other such obstructions. (Ord. 4856 §5 (in part), 2003) (Revised 10/03) 11.12-8 11.12.250 PAVEMENT RESTORATION FOR TRENCHING IN RIGHT-OF-WAY. (a) Construction in the right-of-way including trenching, excavation and pavement restoration shall be in accordance with the engineering standards. (b) Public street pavement shall not be degraded by trenching, excavation, and pavement restoration activities without due compensation to the City. Deviations to subsection (a) of this section may be approved by the Director of Public Works and Utilities upon written request by the applicant and demonstration of a satisfactory alternative. (c) A five (5) year moratorium on pavement trenching is effective upon completion of new street construction and upon pavement overlay of an existing street. Deviations to this subsection may be approved by the Director under compelling circumstances and emergencies, such as utility failures, main breaks, etc. (Ord. 4856 §5 (in part), 2003) 11.12.260 VIOLATION - PENALTY. (a) Any violation of any provision of this chapter constitutes a civil violation under Chapter 1.04 BMC for which a monetary penalty may be assessed and abatement and/or enforcement 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 chapter shall be guilty of a misdemeanor pursuant to BMC 1.12.020(2). Each day, or a portion thereof, during which a violation occurs shall constitute a separate violation. (Ord. 4856 §5 (in part), 2003) 13.10-1 (Revised 10/03) Chapter 13.10 MUNICIPAL TREES Sections: 13.10.010 PURPOSE. 13.10.020 DEFINITIONS. 13.10.030 RESPONSIBILITY FOR MUNICIPAL TREES. 13.10.040 DAMAGE TO TREES AND SHRUBS. 13.10.050 FASTENING MATERIALS TO TREES OR SHRUBS. 13.10.060 PUBLIC UTILITIES. 13.10.070 MASTER URBAN TREE PLAN. 13.10.080 PLANTING, PRUNING, REMOVAL, AND MAINTENANCE STANDARDS. 13.10.090 NUISANCE ABATEMENT. 13.10.100 APPEAL OF ABATEMENT NOTICE. 13.10.110 COST OF PLANTING, REMOVING, MAINTAINING AND PROTECTING TREES AND SHRUBS. 13.10.010 PURPOSE. It is the policy of the City of Bremerton, to regulate and control planting, removal, maintenance and protection of trees and shrubs on public areas of the City to eliminate and guard against dangerous conditions which may result in injury to persons using public areas of the City; to promote and enhance the beauty of the City; to prevent damage to any overhead or underground utilities, street, sidewalk or other public property; to protect trees and shrubs located in public areas from undesirable and unsafe planting, removal and maintenance practices; to guard all trees and shrubs on public areas against the spread of disease and pests; and to increase public awareness of tree benefits and proper planting and maintenance practices through education. The provisions of this ordinance shall apply to: 1) all trees and shrubs presently or hereafter planted in or upon any public area; and 2) all trees and shrubs planted in or upon any private premises which directly affect overhead and underground utilities, sidewalks, streets, public property, or cause unsafe viewing distances. (Ord. 4553, Repealed & Replaced, 06/20/1996) 13.10.020 DEFINITIONS. (a) “Public area” shall include all public streets, roads, boulevards, sidewalks, planter strips, city-owned rights of way, parks, and the lands owned or leased by the city which are accessible to the public but not including municipal utility watershed or forest lands. (b) “Municipal trees and/or shrubs” shall include all woody vegetation presently or hereafter planted on any public areas. (c) “Maintenance” and “Protection” shall include but not be limited to all operations of watering, pruning, spraying, bracing, inspection and other actions necessary to the health and aesthetics of the tree or shrub. (d) “Hazardous tree or shrub” shall be defined as any tree or shrub or part thereof growing on private or public property which: obstructs or impairs the free and full use of a public area, interferes with overhead or underground utilities, is afflicted with or weakened by a contagious or fatal disease, causes unsafe viewing distances, blocks or impedes usage of street or sidewalk, or presents an imminent and foreseeable danger to persons or property. (Ord. 4553, Repealed & Replaced, 06/20/1996) 13.10.030 RESPONSIBILITY FOR MUNICIPAL TREES. (a) Private property owners will be responsible for the maintenance and liability of municipal trees adjacent to their property that have been planted by the owner or prior owners, or for which responsibility has been assumed by the owner through a recorded agreement with the City. (b) Private property owners may prune or remove municipal trees adjacent to their property after approval is received from the city urban forester. If approval is denied, the tree shall become the City’s responsibility and shall be inventoried as such by the Parks and Recreation Department. (c) Property owners and/or occupants are responsible for notifying Engineering in the case that a municipal tree or shrub adjacent to their property space is creating a hazard, so that remedial actions can be taken. (d) Private groups may arrange for the planting or maintenance of areas of municipal trees under the authorization of the Parks and Recreation Department. (Ord. 4553, Repealed & Replaced, 06/20/1996) 13.10.040 DAMAGE TO TREES AND SHRUBS. Unless authorized by this chapter, no person shall in any public area of the City, break, injure, mutilate, kill, destroy, prune or remove any tree or shrub; permit any animal under his or her control to do so; permit any fire to injure any portion of any tree or shrub; permit any toxic chemical to seep, drain, or be emptied on or about any tree or shrub. During building operations the builder shall erect suitable protective barriers around municipal trees and shrubs which may be injured. Persons responsible for damage to trees on public areas shall be penalized pursuant to the Bremerton Municipal Code Section (Revised 10/03) 13.10-2 13.04.180 regarding damage to park property, and Section 13.04.040. (Ord. 4553, Repealed & Replaced, 06/20/1996) 13.10.050 FASTENING MATERIALS TO TREES OR SHRUBS. No person shall fasten any sign, rope, wire, or other materials to, around, or through any municipal tree or shrub without obtaining permission from the Parks and Recreation Department, except in emergencies such as storms or accidents, pursuant to Section 13.04.030 of the Bremerton Municipal Code. (Ord. 4553, Repealed & Replaced, 06/20/1996) 13.10.060 PUBLIC UTILITIES. Public utility work affecting trees or shrubs on public areas shall be limited to the actual necessities of the services of the company and such work shall be done in a neat and professional manner. The utility shall notify the Parks and Recreation Department of any plans for maintenance on public areas and consult with the Parks and Recreation Department should any trees need to be topped or removed so that they may suggest ways to preserve the beauty or symmetry of the tree and keep removals to a minimum. (Ord. 4553, Repealed & Replaced, 06/20/1996) 13.10.070 MASTER URBAN TREE PLAN. A Master Urban Tree Plan shall be developed by the Parks and Recreation Department for park and municipal trees and approved by Council resolution. It will be based upon an inventory of existing municipal trees in these areas and an evaluation of the site and space factors which will aid in the determination of those trees best suited for Bremerton’s urban environment and result in the development of a long-range plan for future planting and maintenance. (Ord. 4553, Repealed & Replaced, 06/20/1996) 13.10.080 PLANTING, PRUNING, REMOVAL, AND MAINTENANCE STANDARDS. The following standards are hereby established for the planting, pruning, removal, and maintenance of municipal trees and shrubs in the public areas of the City. All planting of trees and other landscaping in public areas of the City, including the rights-of-way, shall be in conformance with the City’s engineering design and construction standards: (a) Planting. (1) All trees will be not less than one and one- half (1½) inch caliper and be No. 1 grade, as described by the American Association of Nurserymen (AAN). (2) No tree or shrub will be planted closer than two (2) feet from the curbline or ten (10) feet from a driveway or alley. Trees shall be spaced at intervals of at least twenty (20) feet depending upon species and the expected height of the tree at maturity. Plantings at or near intersections shall be spaced in accordance with sight distance specification in the City’s engineering design and construction standards. (3) Sidewalk cuts, where necessary, shall be approved by the Engineering Division and will be a minimum of four (4) feet in diameter so as to allow the natural percolation of water. Paver blocks, cobblestones or tree grates or other permeable surfaces will be used to fill the sidewalk cuts around trees. (4) All young trees, for a minimum of one (1) year, shall be securely staked and guyed until the roots become established. (5) Municipal trees and shrubs planted prior to the passage of the ordinance codified in this section are exempt from these planting standards. (6) A list of recommended species of municipal trees is available from the Parks and Recreation Department for those desiring to plant municipal trees in City areas adjacent to their properties. Approval of the tree species is required by the City Urban Forester prior to planting, if it is not on the recommended species list. (7) Public education programs regarding tree planting, care and maintenance will be provided by the Parks and Recreation Department in conjunction with Arbor Day festivities each year in April to encourage public involvement in tree planting. Additionally, the Parks and Recreation Department will maintain a tree library available for use by the public. (b) Pruning. Pruning of any municipal tree on any public area must be authorized by the Parks and Recreation Department’s City Urban Forester or performed by City employees at the discretion of the Department. Trees are pruned to preserve their health and appearance, and to eliminate safety and utility concerns, which will increase their longevity in the urban area. (1) Pruning Defined. (i) Fine Pruning: removal of dead, diseased, objectionable and/or weak branches which are larger than one-half (½) inch in diameter. (ii) Medium Pruning: removal of dead, diseased, objectionable and/or weak branches which are larger than one (1) inch in diameter. (iii) Safety Pruning: removal of the dead, diseased and/or weak branches to a size that in falling would injure a person and/or property. (iv) Cut Back to Topping: cutting back, drop crotching or topping consists of the reduction of tops, sides, underbranches, or individual limbs with attention given to symmetrical appearance. (2) All trees and shrubs which have branches overhanging a public street or boulevard shall have said branches pruned to a clearance height of fourteen (14) feet. Those overhanging a public sidewalk shall be pruned 13.10-3 (Revised 10/03) to a clearance height of eight (8) feet. The provisions of this section may be waived by the Parks and Recreation Department in the case of newly planted trees so long as they do not interfere with public parking, travel or safe viewing distances at intersections, or endanger public safety as determined by the Engineering Division. Any tree or shrub on private property which hangs over a city right-of-way which is not pruned as herein provided shall be subject to the provisions of BMC 13.10.090. (3) All dead wood, stubs, broken branches, badly formed branches, diseased branches, and branches interfering with public travel, lighting, existing buildings and traffic signs, shall be removed during the pruning operation, with consideration given to the symmetry and beauty of the municipal tree or shrub. (c) Removal. (1) All municipal trees and shrubs which have fallen or been authorized for removal shall be completely removed from the growing site and disposed of in an authorized manner. The stump shall be ground out to a depth suitable for future planting of trees or turf. (2) When municipal trees or shrubs are removed because of inappropriate location, a more appropriate site for replacement will be selected, when possible, in as close a proximity as spacing permits. Trees removed due to health, age, size for its location, or undesirable species type shall be replaced, when appropriate/available, with a suitable tree or shrub which will not produce the same problem in accordance with this section. (3) No municipal tree or shrub shall be removed from any public area for the sole purpose of providing a view for any private property or individual. (d) Maintenance. (1) All municipal trees will receive routine maintenance on a four (4) year cycle. (2) Special consideration will be given to the watering, weeding and protection of young trees during the first three (3) years. (3) The use of biological controls and sprays will be encouraged and used by City employees whenever possible in the treatment of insect infestation in trees on city lands and rights-of-way. (Ord. 4856 §6, 2003; Ord. 4553, Repealed & Replaced, 06/20/1996) 13.10.090 NUISANCE ABATEMENT. On Private Properties - Property owners with trees or shrubs determined to be hazardous or public nuisance to public areas, such as streets and sidewalks, will be handled in accordance with the procedures set forth in Chapter 9.14 of the Bremerton Municipal Code. (Ord. 4584, Amended, 02/28/1997; Ord. 4553, Repealed & Replaced, 06/20/1996) 13.10.100 APPEAL OF ABATEMENT NOTICE. Appeals of abatement notices shall be handled in accordance with the procedures set forth in Chapter 9.14 of the Bremerton Municipal Code. (Ord. 4584, Amended, 02/28/1997; 4553, Repealed & Replaced, 06/20/1996) 13.10.110 COST OF PLANTING, REMOVING, MAINTAINING AND PROTECTING TREES AND SHRUBS. The costs of planting, removing, maintaining and protecting trees and shrubs on all public areas of the city, when done by Parks and Recreation Department and Public Works Department shall be borne by the city out of the Parks and Recreation Department and Public Works Department budgets as assets allow, and from funds donated or grant monies received specifically for that purpose. When a private party plants, removes, maintains or protects trees pursuant to BMC 13.10.080, that party shall be responsible for all incurred costs. (Ord. 4553, Repealed & Replaced, 06/20/1996) 15.01-7 (Revised 10/03) 15.01.080 DEVELOPER SYSTEM IMPROVEMENTS - FEES. The subsequent connection to the system improvements by the property owner shall be subject to applicable fees for service to include general facility fees, connection fees, and any other applicable fees established under this Title. (Ord. 4309 § 2 (in part), 1991) 15.01.090 DEVELOPER SYSTEM IMPROVEMENTS - REIMBURSEMENT. The City may enter into Agreements with property owners responsible for the installation of system improvements to provide for reimbursement to owners by others benefiting from the improvements and connecting to the improvements at a later time (latecomers). Requests for reimbursement shall be made in writing prior to drafting the System Improvement Agreement and specific provisions of recovery shall be included in the Agreement. The Department shall determine the area that is subject to the cost recovery and shall identify the properties benefiting from the utility system improvements in a description or a drawing that will become part of the System Improvement Agreement. Reimbursement from each benefiting property owner shall be determined by the Department as stipulated in the System Improvement Agreement. Cost recovery payments by properties benefiting from connections to developer extensions shall be collected by the City. Reimbursement to the property owner constructing the improvement shall be limited to fifteen (15) years from the date of acceptance of the improvement. The City shall retain 15 percent of the cost recovery payments for maintaining records and administration of the program and forward the remainder of the payment to the property owner who originally constructed the water system improvement. (Ord. 4512 §2, 1995; Ord. 4454 §1 (in part), 1994; Ord. 4309 §2 (in part), 1991) 15.01.100 SYSTEM DEVELOPMENT AND CONSTRUCTION STANDARDS. The system development and construction standards are those as defined and adopted in BMC 11.12.090, also referred to as the “City Standards.” (Ord. 4856 §1, 2003) 15.01.110 UTILITY PERMIT REQUIRED. A utility permit shall be required by the Department for all projects, alterations, repairs or connections to the utility system. These activities include, but are not limited to, activities associated with the installation of new utility systems to be constructed by others and conveyed to the Department under the terms of a Utility System Improvement Agreement; the opening, alteration, repair, or replacement of the utility system; the connection to the utility system; and the abandonment or disconnection from the utility system. The entering into a Utility System Improvement Agreement with the City shall not relieve the Agreement holder of the responsibility for obtaining such other permits and licenses as may be required by the Department, City, County or other districts in whose jurisdictions the improvements/repairs are made. The permits shall be available from the Department with fees established by the Utility Fee and Rate Schedule. (Ord. 4454 §1 (in part), 1994; Ord. 4309 § 2 (in part), 1991) (Revised 10/03) Title 21 LAND USE Chapters: 21.02 ZONING CODE 21.04 SHORELINE DEVELOPMENT 21.06 COMPREHENSIVE PLAN AMENDMENTS 21.12 STATE ENVIRONMENTAL POLICY ACT 21.22 CRITICAL LANDS ORDINANCE 21.02-1 (Revised 10/03) Chapter 21.02 ZONING CODE Sections: 21.02.010 TITLE AND ENACTMENT. 21.02.020 PURPOSE. 21.02.030 GENERAL INTERPRETATION. 21.02.040 BASIS FOR DISCRETIONARY DECISIONS. 21.02.050 INTERPRETATIONS OF ZONING MAP. 21.02.060 ZONING UPON ANNEXATION. 21.02.070 DEFINITIONS. 21.02.080 INTRODUCTION. 21.02.090 PLAN/ZONING CONSISTENCY. 21.02.100 SECONDARY ZONES. 21.02.110 PHASING. 21.02.120 ZONE SUMMARY TABLE. 21.02.130 LOT REQUIREMENTS TABLE. 21.02.140 LAND USE TABLES. 21.02.150 UNLISTED USES. 21.02.152 DOWNTOWN DISTRICT. 21.02.160 FRONT YARDS. 21.02.170 SIDE YARDS. 21.02.180 REAR YARDS. 21.02.185 ALTERNATIVE SETBACKS. 21.02.190 ACCESSORY USES AND STRUCTURES. 21.02.200 FLAG LOTS. 21.02.210 SETBACKS OF ACCESSORY STRUCTURES. 21.02.220 MEASURING HEIGHT OF A STRUCTURE. 21.02.230 FENCES AND WALLS. 21.02.240 HOME OCCUPATION. 21.02.250 LIGHTING REGULATIONS. 21.02.260 ROUNDING OF FRACTIONS OF DWELLING UNITS. 21.02.270 MEASURING OF SETBACKS. 21.02.280 DISH ANTENNAS. 21.02.290 CALCULATING LOT AREA. 21.02.300 MINERAL RESOURCE EXTRACTION PROVISIONS. 21.02.305 SENIOR HOUSING COMPLEXES. 21.02.310 MANUFACTURED HOMES PROVISIONS. 21.02.315 ADAPTIVE REUSE OF PUBLIC AND SEMI-PUBLIC BUILDINGS. 21.02.320 RECYCLING COLLECTION STATION. 21.02.325 ADULT BUSINESS PROVISIONS. 21.02.330 SIGN PROVISIONS. 21.02.335 WIRELESS TELECOMMUNICATIONS FACILITIES. 21.02.340 PURPOSE. 21.02.350 OUTLINE OF THE PUD PROCESS. 21.02.360 CONCEPTUAL REVIEW. 21.02.370 NEIGHBORHOOD MEETING. 21.02.380 PRELIMINARY PUD APPLICATION. 21.02.390 TECHNICAL REVIEW COMMITTEE. 21.02.400 ADMINISTRATIVE HEARING EXAMINER RECOMMENDATION. 21.02.410 CITY COUNCIL ACTION. 21.02.420 APPEAL TO SUPERIOR COURT. 21.02.430 FINAL PLAN APPLICATION. 21.02.440 DIRECTOR’S REVIEW OF FINAL PLAN. 21.02.450 APPEAL OF DIRECTOR’S DETERMINATION. 21.02.460 SCOPE OF PUD APPROVAL. 21.02.470 ALLOWABLE USES. 21.02.480 GENERAL DEVELOPMENT STANDARDS. 21.02.490 SPECIFIC DEVELOPMENT STANDARDS. 21.02.500 PROJECT PHASING. 21.02.510 OPEN SPACE GUARANTEE. 21.02.520 EFFECTIVE PUD PLAN. 21.02.530 CHANGES TO FINAL PUD PLAN. 21.02.540 CONFORMANCE WITH FINAL PLAN. 21.02.550 PERFORMANCE BOND. 21.02.555 MIXED USE DISTRICT. 21.02.556 DESIGNATION OF MIXED USE DISTRICT. 21.02.557 MIXED USE DEVELOPMENT AGREEMENT STANDARDS. 21.02.558 SPECIFIC DEVELOPMENT AGREEMENT STANDARDS. 21.02.559 SUBSEQUENT PERMITTING. 21.02.560 REAL PROPERTY RESTRICTIONS. 21.02.570 PENALTY. 21.02.580 INTENT. 21.02.590 GENERAL PROVISIONS. 21.02.600 PARKING LOT CLASSIFICATIONS. 21.02.610 PARKING LOT DEVELOPMENT STANDARDS. (Revised 10/03) 21.02-2 21.02.620 SITE PLAN REQUIREMENTS FOR PARKING LOTS. 21.02.630 HANDICAPPED PARKING REQUIREMENTS. 21.02.640 SATELLITE PARKING AREAS. 21.02.650 JOINT USE OF PARKING FACILITIES. 21.02.660 FREIGHT LOADING ZONES. 21.02.670 REQUIRED OFF-STREET PARKING SPACES. 21.02.680 VIOLATIONS, PENALTIES AND APPEALS. 21.02.690 INTENT. 21.02.700 APPLICABILITY. 21.02.710 LANDSCAPING STANDARDS. 21.02.720 OUTDOOR STORAGE. 21.02.730 LANDSCAPE PLAN. 21.02.740 CLEAR VISION AREA. 21.02.750 LARGE DEVELOPMENT OPEN SPACE AND LANDSCAPING. 21.02.760 PERFORMANCE ASSURANCE DEVICE. 21.02.770 PURPOSE. 21.02.780 NONCONFORMING LOTS. 21.02.790 NONCONFORMING USES. 21.02.800 NONCONFORMING STRUCTURES. 21.02.810 CONSTRUCTION IN PROGRESS. 21.02.820 NONCONFORMING SIGNS. 21.02.830 AMORTIZATION. 21.02.840 TYPE I ADMINISTRATIVE DECISIONS. 21.02.845 TYPE II ADMINISTRATIVE DECISIONS WITH NOTICE. 21.02.850 TYPE III ADMINISTRATIVE HEARING EXAMINER. 21.02.855 TYPE IV CITY COUNCIL DECISIONS. 21.02.865 PLANNED ACTIONS. 21.02.870 GENERAL PROCESSING PROCEDURES. 21.02.875 PROJECT PERMIT APPLICATION. 21.02.885 DECISIONS. 21.02.890 TIME LIMITS ON DECISIONS. 21.02.895 NOTICE. 21.02.900 DEVELOPMENT AGREEMENTS. 21.02.905 SPECIAL USE PERMIT. 21.02.910 VARIANCE. 21.02.920 REZONE. 21.02.925 DEVELOPMENT REGULATION AMENDMENT. 21.02.930 SITE PLAN REVIEW. 21.02.935 APPEAL. 21.02.940 VIOLATIONS OF ZONING CODE. APPENDIX A follows text of 21.02 ZONING ATLAS as adopted by Ordinance 4591 is available in the Department of Community Development. 21.02.010 TITLE AND ENACTMENT. (a) This ordinance, consisting of text, maps, illustrations and related ordinances that may be incorporated by reference, is known as the “Bremerton Development Code.” (b) All provisions of this ordinance have been adopted by the Bremerton City Council pursuant to Article XI, Section 11 of the Washington Constitution. (c) This code shall regulate the use and development of all lands within the City limits of Bremerton, with the exception of federally-owned properties over which the City has no jurisdiction. (Ord. 4591, Readopted, 04/14/1997; Ord. 4557, Repealed & Replaced, 06/13/1996; Ord. 4172, 1988) 21.02.020 PURPOSE. This code has been adopted for the following purposes: (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, through zoning, an adequate supply of developable land area for each major category of land use and in the most appropriate locations, as directed by the Comprehensive Plan; (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 health, safety and welfare of the public as a whole and not to create a duty to protect any person or class of persons. (Ord. 4591, Readopted, 04/14/1997; Ord. 4557, Repealed & Replaced, 06/13/1996; Ord. 4172, 1988) 21.02.030 GENERAL INTERPRETATION. (a) Minimum Requirements All provisions of the Bremerton Development Code shall be held to be the minimum requirements necessary to promote the public health, safety, morals, and general welfare. 21.02-2.1 (Revised 10/03) (b) Interpretations The Director of Community Development shall have the authority to make written interpretations when 21.02-21 (Revised 10/03) narrowest point; and (3) Minimum roof pitch: Not less than one (1) foot rise for each six (6) feet of horizontal run (2:12); and, (4) Provide a solid foundation and be enclosed under exterior walls; and (5) Have wood siding or other non-metallic exterior appearance; and (6) Be installed with a floor a maximum of twelve (12) inches above exterior finished grade; and (7) Have a minimum square footage of 400 square feet total within the exterior walls. (e) Inspection: (1) The Building Official shall inspect the installation of manufactured homes prior to occupancy and issue certificates of occupancy for manufactured homes. If all requirements of the City of Bremerton have been met, a certificate of occupancy shall be issued. No manufactured home shall be occupied until after a valid certificate of occupancy has been issued by the City. (2) 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. (Ord. 4591, Repealed & Replaced, 04/14/1997; Ord. 4172, 1988) 21.02.315 ADAPTIVE REUSE OF PUBLIC AND SEMI-PUBLIC BUILDINGS. (a) Purpose: The intent of this section is to provide opportunities for occupying functionally obsolete public and semi-public buildings that are otherwise structurally sound with new uses to extend their economic life. However, this opportunity shall not be granted at the expense of adjacent land uses. In considering the appropriateness of any proposed occupancy, consideration shall be given to the relative intensity of the proposed use compared to the intensity of the planned land use environment, as well as to minimizing negative effects of traffic, parking, noise and other operational conditions on surrounding properties. (b) When the need for a certain public or semi- public building in any zone no longer exists, the building use may be converted to those uses listed in the zone in which it is located, except that when it is located in any residential zone, it may be changed by special permit to a use allowed in Figure 140, Professional Office (PO) Zone, Categories 1, 2, 3, 4, 6, and the following listed uses of Category 11: consultants, computer assistance and training (but not repair), office/business assistance services, and general offices. To qualify for the special use permit, the public or semi-public facility must have been constructed for the stated public or semi-public use and operated as such use for a minimum of five years. (c) The special use permit shall not be granted unless the applicant establishes that the proposed use, when appropriately conditioned, will be compatible with the surrounding residential uses. The Administrative Hearing Examiner may impose conditions to ensure compatibility. The conditions may include, but are not limited to, restrictions on hours of operation, location and amount of parking, types, size, density and location of landscaping buffers and berms, and restrictions and/or conditions for noise attenuation. (d) For the purposes of this section, “public and semi-public buildings” shall include only the following facilities: public schools, fire stations, libraries, churches, hospitals, and post offices. (Ord. 4796, Added, 05/10/2002) 21.02.320 RECYCLING COLLECTION STATION. (a) The following standards apply to collection stations intended for public use. They are not mandatory (but may be applied voluntarily) for private on-premises collection and storage of recyclables by owners or tenants of residential properties, businesses or organizations. Such on-premises collection and storage is considered accessory to the principal use of the property and not available to the general public. (1) Areas to be used in the collection operation must have a gravel, asphalt or concrete surface and shall be landscaped to the same standards that apply to any other development or use within the subject zone. (2) The facility shall be closed to public access between the hours of 8:00 p.m. and 6:00 a.m. in residential zones. (3) 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. (4) 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. (5) The site shall be monitored and maintained in a clean, safe and healthful manner. (Ord. 4591, Readopted, 04/14/1997; Ord. 4546, Amended, 03/21/1996) 21.02.325 ADULT BUSINESS PROVISIONS. (a) Purpose: This section regulates the location and spacing of adult businesses. These regulations are intended to reduce conflicts between adult businesses and certain uses. They are intended to protect the City from the blighting impacts of concentrations of adult businesses while assuring the full enjoyment of all the constitutionally guaranteed rights of the general public. (b) Adult businesses shall be permitted only in the General Business and Business Core commercial zoning (Revised 10/03) 21.02-22 districts subject to obtaining a Special Use Permit and the following criteria. (1) Not adjacent to a residential zone. (2) Prohibited within five-hundred (500) feet of any parcel of real property on which is located any of the following facilities: i. A school primarily attended by minors; or ii. A church which conducts religious education classes for minors; or iii. A public park, public beach, or public recreation facility frequented by minors; or, iv. An athletic or recreational center which caters to or is attended in substantial part by minors; or, v. Video game establishments; or, vi. Convenience markets; or, vii. Downtown Shoreline District east of Washington Street between 1st Street and 6th Street. (3) No new or relocated adult business shall locate within five hundred (500) feet of any other adult business. (c) Standards of Measurement: Distances shall be measured in a straight line, without regard to intervening structures from the closest point of lot, parcel, or tract on which a structure is occupied or is proposed for occupancy by an adult business to the nearest portion of a lot, parcel, or tract which a use, facility, or structure, or the closest portion of a structure containing another adult business. (Ord. 4591, Repealed & Replaced, 04/14/1997; Ord. 4172, 1988) 21.02.330 SIGN PROVISIONS. (a) This section recognizes the importance of signs in the community and establishes regulations intended to protect the public from damage or injury caused by or attributable to distractions and obstructions caused by poorly designed or improperly located signs. These regulations are also intended, in part, to stabilize or enhance the overall appearance of the community. (b) Definitions. (1) Abandoned Sign. Any nonconforming sign, including its structure and other components, which is located on vacant property or an unoccupied building for a period of six (6) months or more and which, during that time, is not used for legal sign purposes; or which relates to a time, event or purpose which no longer applies; and/or which has been allowed to deteriorate to become a public hazard or eyesore. (2) Alteration. Any change in the size, shape, method of illumination, position, location, construction or the supporting structure of a sign. (3) Area of a Sign. The total space within the frame or outer dimensions of a sign and including any logos or other artistic or architectural features that are directly related to or an integral part of the sign, in the opinion of the Director. (See subsection (g) of this section for measurement information.) (4) Awning/Canopy. A temporary or movable shelter (awning), or a fixed rigid shelter (canopy) supported entirely by the exterior wall of the building and generally extending over a pedestrian walkway. When used in conjunction with signs, only that portion of the awning or canopy that is actually used as a sign shall be included in sign area calculations. Lighting of the awning or canopy, whether directly, indirectly, or by back-lighting shall have no effect on the sign requirements, unless lighted signs are specifically prohibited in that area or zone. (5) Billboard. A sign structure subject to the provisions of this chapter erected for the purpose of leasing advertising space to promote an interest other than that of an individual, business, product or service available on the premises where the billboard is located. (6) Bulletin Board/Kiosk. A permanent sign structure intended to accommodate changeable copy, such as private or public notices, special event information, and other short-term messages, and generally at a scale suitable for pedestrians and not intended to be read by passing motorists. These signs are exempt from sign permits and size requirements if they are provided for the use of the general public and not for commercial advertising purposes. (7) Changeable Copy/Message Center/Reader- board Sign. A permanent sign structure that may be internally or externally illuminated and intended to accommodate changeable lettering, numbering, graphic displays, or other short-term messages. Generally used for commercial advertising or for public service announcements of current or coming events. (Also see Public Information/Identification Sign.) (8) Construction Sign. A sign that relates directly to a construction project taking place on the premises and may include such information as the name of the project and contractors, phone numbers, completion dates, and similar information about the project. (9) Directional Sign. 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. (10) Free-Standing Sign. A sign that is supported by columns, uprights, or braces in or upon the ground and not attached to any building. (11) Frontage. The actual length of the front property line abutting a street or alley (if no street frontage), or the length of the property line of a flag lot that most closely parallels the street it most directly relates to. (12) Grade. The level of the surface of the ground that lies immediately below a sign or proposed sign location. When a slope is involved, the grade shall be 21.02-23 (Revised 10/03) the average of the levels at each supporting member of the sign’s structure. (13) Identification Sign. A sign intended solely to inform the public of the use of a property, building, office, or premises, and which may typically include the address, suite number, or other identifying information, but that does not include advertising or messages that are not necessary for the identification of the premises. (14) Illegal Sign. Any sign or advertising device which was erected or altered in violation of the sign codes in effect at the time of such action and which remain in violation of existing codes. (15) Incidental Signs. Signs that are intended for the convenience of the public, which are informational only, and which do not include the advertising of products or services. Such signs include business hours signs, credit card signs, entrance and exit signs, and similar signs, some of which may be required by law for safety purposes. (16) Maintain. To allow to exist or continue to exist. Also, where the context indicates, to keep in a safe, neat and clean condition. (17) Marquee. A permanent roofed structure attached to and supported by a building and projecting away from the building, usually over a public walkway and typically common to theaters. A marquee itself is not a sign, but is commonly used to support signs. (18) Moving, Flashing, or Animated Sign. Any sign that includes action or motion, including flashing lights, color changes, revolving or waving actions other than wind actuated elements such as flags, pennants, banners, and similar devices. These types of signs do not include time/temperature signs, nor electronic or electric readerboard or message center signs with messages that change no more frequently than two (2) second intervals. (19) Multiple-Building Complex. 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. (20) Multiple-Occupancy Building. A single building housing more than one (1) retail business, office, commercial venture or other allowed land use. (21) Nonconforming Sign. A sign that was legally established, but no longer conforms to the current sign standards of this section. (22) Off-Premises Sign. Any sign or type of sign that contains a message or directs attention to a business, profession, product, event, activity, or service that is not related to a use or activity conducted or offered on the premises or at the location where the sign is located, excluding official road direction signs but including the sign face(s) that contain(s) the message or direction noted above, as well as the pole or other structure upon which the sign face is attached. Off-premises signs include off- premises banners and signs carried by human beings or live animals when carried on the public right-of-way or any off-premises location. (23) Portable Sign. Any sign designed to be moved easily and not permanently affixed to the ground or to a structure or building. A-frame or sandwich board signs and movable readerboard signs are examples. (24) Premises. Contiguous land in the same ownership or control not divided by a street or public right-of-way. (25) Projecting Sign. 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. (26) Public Information/Identification Sign. 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. (27) Sandwich Board Sign (also known as A- board sign). A portable sign constructed of two (2) equal or roughly equal portions, hinged at the top such that when placed on the ground the sign is self-supporting. Sandwich board signs typically form the shape of a letter “A” when opened and resting on the ground. (28) Sign. Any communication device, structure, or fixture which is intended to identify a building, place, use, business or event, to make a statement, or to promote the sale of products, goods, or services using graphics, letters, figures, symbols, trademarks, or written copy is a sign. Painted wall designs or patterns of an artistic or architectural nature which do not represent a product, service or registered trademark, do not identify the user, and do not otherwise meet the above definition, are not considered signs. If a design or pattern is combined with a sign, only that part of the design or pattern which cannot be distinguished from the sign will be considered part of the sign. (29) Sign Structure. Any structure specifically intended to support a sign, and which may include supports, uprights, braces, framework, or other members needed for support. (30) Temporary/Special Purpose Sign. A sign that is not permanently affixed and which is intended for short-term use, such as to advertise a specific activity such as a special promotion, sale, or fund-raising event. Signs advertising property for sale or rent, political or election- related signs, and garage/yard sale signs are other examples, as are banners, flags, pennants, searchlights, and balloons and similar devices. (See Figure 330.) (31) Vehicle or Trailer Mounted Sign. A sign placed or maintained on a stationary automobile, truck, trailer, or any other motor-driven vehicle which would otherwise be prohibited. Vehicle or trailer mounted signs do not include signs painted or placed on commercial (Revised 10/03) 21.02-24 vehicles announcing or advertising the regular business activity of the vehicle owner. Vehicle or trailer mounted signs do not include signs on vehicles for sale at a licensed sales lot. Vehicle or trailer mounted signs do not include signs on public transit vehicles including busses and licensed taxi-cabs. (32) Wall Sign. 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. (c) Applicability and Scope. This section is intended to regulate the number, size, placement and physical characteristics of signs and sign structures. These regulations are not intended to, and do not restrict, limit or control the content of any sign message. These regulations shall apply in all zoning districts and may be subject to additional requirements of certain districts, or to State regulations. In cases of conflict, the most stringent requirement shall prevail. (d) Sign Permit. (1) Permit Required. No sign shall be placed, erected, or displayed without first obtaining a sign permit from the Building Division, except in the case of signs that are specifically exempt. (2) Removal of Nonconforming Signs. No sign permit shall be issued to allow a new or additional sign on a property having a nonconforming sign until such time as the nonconforming sign(s) is removed or modified to conform to this code. (3) Permit Application. An application for a sign permit must be signed by the property owner, lessee, contract vendee, or other tenant of the property on which the sign is to be erected or placed. Such application shall contain the following information unless determined by the Building Official to be unnecessary for the processing of the application: i. Site Plan: Drawn to scale showing the subject property, streets, all existing buildings, and the location of any existing free standing signs, utility poles and other structures within fifty (50) feet of the proposed new sign’s location. ii. Drawings: Showing the structural details of the proposed sign, including its dimensions, height, materials, type of illumination, landscaping (free- standing signs), and structural support. iii. Photographs: Showing all existing signs on the subject property and building(s), and marked to indicate the proposed location of the new sign(s). (e) Exempt Signs. The following signs are exempt from the provisions of this section, but may be subject to other provisions of the Zoning Code or Building Code: (1) Traffic signs, signals, and other traffic control devices erected by the City or other public authority. (2) Public notices pertaining to public health or safety issues, or for notification of legal or legislative actions of public interest that are erected by the City or other public authority, and of a temporary nature. (3) Permanent plaques, cornerstones, name plates, and other building identification markings attached to or carved into the building materials and which are an integral part of the structure. (4) Signs within buildings, provided they do not include moving, flashing or animated signs (see definition) that are visible from any private or public roadway, or from adjacent properties. (5) Legal nonconforming signs. (6) Incidental signs intended for public information or convenience and which consist of no more than ten (10) square feet for a combination of such signs. These may include restroom signs, hours of operation signs, address numbers, help wanted, open/closed signs, credit card signs, and similar signs. (7) The American flag, State of Washington flag, and other political or special purpose flags, pennants or banners that are displayed properly and not intended to contribute to a commercial advertising display. (8) Wall graphics of an artistic nature and that do not conform to the definition of “sign.” (9) Temporary/Special Purpose signs related to short-term events and political signs. [See Section (i) Temporary/Special Use Signs]. (10) Public Information/Identification Signs which are approved through the Special Use Permit process. (f) Prohibited Signs. The following signs are prohibited within the City limits of Bremerton and shall be subject to removal through amortization or other means: (1) Strobe lights and signs containing strobe lights or any other flashing, moving or animated features that are visible beyond any property line. Readerboard or message center signs that change copy no more frequently than two (2) second intervals, and time/temperature signs are exempt from this provision. (2) Signs placed or painted on any motor vehicle or trailer that is not operable and routinely used to transport or provide the goods or services being advertised, or that is parked with the primary purpose of providing a sign that would not otherwise be allowed. (3) Any private sign placed within a public right-of-way, on a public sidewalk, or overhanging a public right-or-way; except that signs overhanging a public sidewalk may be permitted if there is a minimum of eight (8) feet of vertical clearance between the sidewalk and bottom of the sign. (Publicly owned or installed signs not included.) (4) Any sign that is determined by the City Engineer to be a hazard to public safety due to its design, materials, physical condition, or placement. (5) Signs painted, attached to, or otherwise supported by rock formations, utility poles, trees, or other plant materials. 21.02-25 (Revised 10/03) (6) Bench signs, when installed within the public right-of-way. When on private property, the size of a bench sign will be counted toward the total allowable sign area. (7) Portable signs within the public right-of- way except sandwich board signs per subsection (p) of this section, and when obstructing a pedestrian walkway, bikeway, or driveway on private property. (8) Off-premises signs. (9) Vehicle or trailer mounted signs. (10) Billboards. (g) Sign Measurements. (1) The area of sign faces shall include the entire sign area, including any surrounding frames or cabinet edges. (2) Sign area does not include supports, foundations or structures that are not part of the sign. (3) Only one side of a double-faced sign is counted in the sign’s total area. (4) When signs are constructed of individual letters or other pieces attached to a wall or other flat surface, the sign area is determined by a perimeter line drawn around and containing all the pieces. (5) Multiple copy signs or shopping center signs consisting of several individual signs on the same support structure are calculated as the total of all individual sign components. (6) A round or cylindrical sign is calculated as the maximum area that can be seen at one time from one position, or fifty percent (50%) of the total area, whichever is greater. (7) The height of a sign is measured from “grade” as defined, to the highest point of the sign or its structure, whichever is higher. (8) Sign clearances are measured from grade directly below the sign to the bottom of the sign or sign frame. (9) Street corner signs (at an intersection) shall be assigned to one of the frontages by the applicant and shall conform to the requirements of that frontage only. (10) Portable signs shall be calculated as part of the total free-standing sign area available to the site. (h) Sign Placement Requirements. (1) All signs, including supporting structures, shall be erected or placed totally within the boundaries of the site and not within any public right-of-way, with the following exceptions: i. Public authority and other traffic- related signs. ii. Approved signs overhanging public walkways. iii. Approved sandwich board signs per subsection (p) of this section. (2) Vision clearance areas shall be maintained at all intersections of private and public roadways, alleys, and driveways, to prohibit any sign within fifteen (15) feet of such intersections (see illustration). (3) A vision clearance setback shall be maintained a distance of at least ten (10) feet from the edge of any existing roadway or from the proposed edge of a planned road or road proposed to be widened. Any sign located within this strip shall be either (i) lower than thirty-six (36) inches above grade, or (ii) higher than eight (36) feet above grade. Any posts or other supporting structures shall have a diameter no greater than twelve (12) inches within this area. (4) A pedestrian clearance vertical distance of eight (8) feet from grade or sidewalk to the lowest part of the sign is required for any sign extending over public sidewalks or other walkways. (5) A projecting sign may extend beyond the property line and over a public pedestrian walkway for a maximum distance of six (6) feet beyond the property line, but in no case shall a sign extend beyond the sidewalk and over a street or other area used by motor vehicles. (6) Free-standing signs shall not extend beyond property lines. (i) Temporary/Special Use Signs. (See Figure 330.) (1) Temporary and special use signs are subject to the same setback and clearance requirements that are applicable to other signs and shall not cause a hazard to public safety or block the visibility of motorists. (2) Unlimited time special purpose signs shall conform to the size, height and setback requirements of the zoning district in which they will be located. (3) A temporary sign shall not be permanently attached to the ground, a building, or to any other structure, other than necessary to secure it to prevent theft or wind damage. (4) Signs that are related to a specific event or date shall be removed within fourteen (14) days of that occurrence, such as following an election, the sale of a property, close of a carnival, or similar event. (5) Wind signs or devices that flutter, wave, sparkle, or otherwise move from the pressure of the wind are considered to be temporary signs or devices and shall be used only for specific promotions or events and not as permanent sign devices. (6) Any temporary sign that has been removed shall not be replaced by another temporary sign at the same premises for a period of at least ninety (90) days following its removal. (7) Short- and long-term temporary and special use signs may be approved in accordance with the following table anywhere in the City: (j) General Sign Regulations. The following regulations apply to signs in all zoning districts of Bremerton: (1) Vision Clearance. Signs shall conform to the clearance requirements of subsection (h) of this section. (Revised 10/03) 21.02-26 (2) Extension Above Rooftop. No sign that is attached to a building shall extend above the highest point of the roof. (3) Window Signs. Signs placed on the inside of windows and directed toward the outside of a building shall be included in the total sign area calculations. (4) Incidental Signs. Viewed from the outside of a building, including directional signs, hours of operation, etc., shall be included in all sign area calculations, even if exempt from permit requirements. (5) Canopies and Awnings. Signs placed on projecting canopies and awnings, whether lighted or not, shall be calculated only for the area of the canopy or awning taken up by the sign itself. (k) Commercial District Sign Regulations: The following regulations shall pertain to signs placed within the PO, NB, GB, SC and BC zoning districts. (1) Free-Standing Signs. i. Narrow Parcels. A parcel having less than fifty (50) lineal feet of street frontage may have a single free-standing sign not to exceed fifty (50) feet in area. ii. Wide Parcels. A parcel having street frontage greater than fifty (50) lineal feet may have an aggregate free-standing sign area not to exceed one square foot per one lineal foot of frontage, provided no sign exceeds one-hundred (100) square feet in area. iii. Multiple Signs. Lots having more than one hundred (100) lineal feet of street frontage may have more than one free-standing sign. iv. Spacing. Free-standing signs on the same parcel shall be no closer than fifty (50) feet to each other and no closer than twenty-five (25) feet from adjacent properties. v. Height. The maximum height of a free- standing sign shall be thirty-five (35) feet from grade directly below the sign to the highest point on the sign or its structure. vi. Shopping Center or Professional Complex. A shopping center, professional office complex, or similar large multiple building or multiple occupancy development may have an identification sign to a maximum size of three-hundred (300) square feet, placed along one or more street frontages that are longer than three-hundred (300) feet each, provided the sign is no closer than one-hundred (100) feet from an adjacent property on the same side of the street and no other free- standing signs larger than fifty (50) square feet are placed on the property. (2) Building Signs. i. Maximum Aggregate Area. The total area of wall signs, projecting signs, and other signs attached to buildings shall not exceed two (2) square feet for each one lineal foot of building facade width. ii. Maximum Sign Size. Any signal sign attached to a building shall not exceed one-hundred (100) square feet in area unless the total sign area is less than ten percent (10%) of the total facade area. iii. Number of Signs. There is no limit to the number of individual signs in commercial districts, provided the total sign area limitations are maintained. iv. Illumination. Signs may be illuminated directly, indirectly, or internally, provided the lighting is directed away from any residences or other light-sensitive land uses, and away from on-coming traffic. (3) Automobile Dealership Sign Provisions. i. This subsection designates the area bounded by Kitsap Way on the north, SR 3 on the east, Harlow Drive/Auto Center Boulevard/Union Avenue/3rd Street on the west, and the intersection of SR 3 and SR 304 on the south as the Automobile Dealership Sign District. ii. No regulation in the Automobile Dealership Sign District shall be interpreted to obviate any of the other provisions of the Bremerton Zoning Code, Chapter 21.02 BMC, that are applicable to a given property or proposal. iii. Automobile dealers in the district listed in (i) above may erect one sign identifying the dealership group and the brands of vehicles sold in the group, subject to the following provisions: a. Two or more franchises under common ownership constitute a dealership group. b. The total area of a group identification sign shall not exceed fifty (50) square feet for each dealer franchise in the group. c. No group identification sign shall be more than one hundred fifty (150) square feet if mounted on a pole, or two hundred (200) square feet if mounted on the ground. d. The square footage of any group identification sign shall be deducted from the total signage allotment of the parcel upon which the sign is placed. e. Group identification signs shall front on an arterial street. All dealers shall be required to submit a signage master plan for all dealerships in a dealership group prior to the approval of a group identification sign. (l) Industrial and Special Purpose District Sign Regulations. The following regulations shall pertain to signs placed within the BP, IP, IG, MX, WS, FM and PS zoning districts: (1) Free-Standing Signs. i. Maximum Area. The free-standing sign requirements of the commercial districts shall apply, with the exceptions of schools, parks, and similar non-retail facilities which shall be limited to a single fifty (50) square foot free-standing sign per street frontage. (2) Building Signs. i. Maximum Aggregate Area. The total area of wall signs, projecting signs, and other signs 21.02-27 (Revised 10/03) attached to buildings shall not exceed one-hundred (100) square feet. ii. Maximum Sign Size. Any single sign attached to a building shall not exceed one-hundred (100) square feet. iii. Number of Signs. There is no limit to the number of individual signs in these districts, provided the total sign area limitations are maintained. iv. Signs may be illuminated directly, indirectly, or internally, provided the lighting is directed away from any residences or other light-sensitive land uses, and away from on-coming traffic. (m) Residential Area Sign Regulations. The following regulations shall pertain to signs placed within any SF, DR, CBR, MF, or MR zoning districts: (1) Free-standing Signs. i. Entrance Signs. One free-standing sign shall be permitted at each street entrance to a neighborhood, subdivision, manufactured home park, apartment/condominium complex, or other homogeneous residential area. Such sign shall be designed specifically to identify that development and is subject to review and approval during the Site Plan Review and/or Planned Unit Development review. Such sign shall be no larger than fifty (50) square feet. ii. Individual Properties. Each residential property may have one free-standing permanent sign, not to exceed two (2) square feet in area. iii. Multiple-family Developments. Residential properties having four or more dwelling units may have one permanent sign per street frontage, not to exceed a total sign area of four (4) square feet. iv. Height. Free-standing signs in residential zones shall be limited to six (6) feet in height, measured from grade directly below the sign to the highest point on the sign or its structure. (2) Building Signs. i. Any of the free-standing sign limitations of Sections L-1(b) or (c) above may be applied as wall signs in lieu of free-standing signs. (3) Other Provisions. i. Special care shall be taken in residential zone to direct lighting away from residences and traffic. Illuminated signs are discouraged in residential zones, but not prohibited. ii. Resident name plaques and address numbers shall not be included in total sign area calculations, but shall be limited to a size that is in character with the architecture of the building and with other such signs in the immediate neighborhood. iii. Wind signs or devices that flutter, wave, revolve, or sparkle, or are otherwise moved by the wind are prohibited in residential areas. (n) Signs in Mixed Use Districts. (1) In zoning districts that permit a mixture of residential, commercial, and/or industrial or special purpose uses, the sign requirements of the district in which the permitted use is typically associated shall apply. [For example: an office building in a MF zone may erect signs based on the Commercial District Sign Regulations.] (2) Strict application of sign regulations in the case of mixed used areas may be subject to conditions of approval that are imposed to prevent adverse impacts on the neighborhood or adjacent properties and to ensure land use compatibility. (o) Variations to Sign Regulations. (1) The Director of Community Development shall have the authority to grant administrative approval for minor adjustments to sign heights, numbers of signs, sign placement, and sign size, provided: i. The adjustments do not exceed ten percent (10%) of the basic requirement, and ii. The adjustment is based on a hardship or problem with the site, existing building placements, or poor site visibility, and not based on economic factors or personal design preference. (2) A request for adjustments beyond ten percent shall be processed as a Variance. (p) Sandwich Board Signs. Sandwich board signs are intended to be viewed primarily by pedestrians. They are appropriate in areas featuring buildings at or near the public sidewalk and otherwise displaying a pedestrian- oriented design ethic and are considered an amenity that compliments the ambiance and attractiveness of such areas. They are not appropriate in areas where commercial activities are separated from the public right-of-way by parking lots, along high speed arterials, and in areas generally oriented toward non-pedestrian travel. Sandwich board signs may be placed on sidewalks or portions of the public right-of-way used as pedestrian walkways subject to the following conditions and requirements. (1) Sandwich board signs may be placed on a public sidewalk or other portion of the public right-of-way commonly used for pedestrian passage. (2) A minimum four (4) feet of unobstructed sidewalk or pedestrian path must be maintained. Sidewalks less than four (4) feet in width will not accommodate a sandwich board sign. (3) Sandwich board signs may not be placed in the driving lanes of a public street or in parking stalls on the public right-of-way. (4) One (1) sandwich board only is allowed for any licensed business. The sign must be displayed immediately adjacent to the main entrance of the business employing the sign. (5) Except in the DC and DW Zones, sandwich board signs must be within twelve (12) inches of the face of the structure. (6) Sandwich board signs shall not exceed thirty-two (32) inches in width or thirty-six (36) inches in height as displayed. (Revised 10/03) 21.02-28 (7) Sandwich board signs must be professionally lettered, neatly painted or assembled, and remain in good repair. (8) Sandwich board signs shall be constructed so as to avoid being blown or washed from their intended location and so as to avoid tipping or falling. (9) Sandwich board signs shall not be internally lit, not have moving parts, nor shall any attachment or portion of the sign extend beyond the thirty-two (32) by thirty-six (36) inch maximum dimensions established in subsection (p)(6) of this section. (10) Any site landscaping required by the City of Bremerton shall not be altered to accommodate the sandwich board sign. (11) Sandwich board signs shall be displayed during daylight hours only and shall be removed by the business owner immediately after dusk each day. (12) Placement of sandwich board signs on the public right-of-way in violation of this section will result in immediate removal of the sign from the public right-of- way by City personnel. (13) Not block intersections or otherwise constitute a public safety hazard. (q) Nonconforming Signs. (1) Applicability. This section applies to the maintenance, repair amortization, as appropriate, and removal of nonconforming signs. (2) Definitions. i. “Effective date of this section” means the effective date of the ordinance adopting this section, July 25, 2003. ii. “Nonconforming sign” means any sign as defined in subsection (b) of this section. iii. “Section” means subsection (q) of this section unless otherwise defined. (3) Eligibility. Any nonconforming sign located within the City limits on the effective date of this section, or located in areas annexed to the City thereafter which does not conform with the provisions of this section, is eligible for characterization as a legal nonconforming sign provided it meets the following requirements: i. The sign was covered by a sign permit on the effective date of this section, if one was required under applicable law; or ii. If no sign permit was required under applicable law for the sign, the sign was in all respects in compliance with applicable law on the effective date of this section. (4) Allowed. All legal nonconforming signs are allowed subject to all permit requirements, the provisions covering loss of legal nonconforming status and other limitations set forth in this section. (5) Exclusions. No temporary signs, portable signs, special signs, or incidental signs shall be eligible for characterization as legal nonconforming signs. (6) Legal Nonconforming Sign Permit. i. Required. A legal nonconforming sign permit is required for each legal nonconforming sign. The permit shall be obtained by the sign user or the sign owner, or the owner of the property upon which the sign is located, within sixty (60) days of notification by the City that the sign is legal nonconforming. The permit shall be issued for no fee and shall expire at the end of the applicable amortization period prescribed in subsection (q)(7) of this section. ii. Necessary information. Applications for a legal nonconforming sign permit shall contain the name and address of the sign user, the sign owner and the owner of the property upon which the sign is located, and such other pertinent information as the Director of Community Development may require to ensure compliance with the code, including proof of the date of installation of the sign. iii. Failure to comply. A legal nonconforming sign for which no permit has been issued within the sixty (60) day period shall within six (6) months be brought into compliance with the code or be removed. Failure to comply shall subject the sign user, owner and/or owner of the property on which the sign is located to the remedies and penalties of BMC 21.02.940. (7) Amortization. i. Purpose. In order to ease the economic impact of this code on businesses or persons with substantial investment in signs in existence on the effective date of this section, this section provides for up to five (5) or ten (10) years, as applicable, of continued use of a nonconforming sign in its existing state. During this period, it is expected that the sign may be amortized in its value over this time period and/or may be amortized for Federal income tax purposes; provided, however, that whether a sign is amortized for tax purposes shall not affect the application of this section. ii. All legal nonconforming signs shall be discontinued and removed or made conforming within ten (10) years from the effective date of this section for billboard signs and within five (5) years from the effective date of this section for off-premises signs (the “amortization period”). Additionally, all signs which are made nonconforming by a subsequent amendment to the Zoning Code, Chapter 21.02 BMC, or by subsequent action or activity such as government acquisition of property for right-of-way pursuant to subsection (q)(10) of this section, shall be discontinued and removed or made conforming within the applicable amotization period after the date of such amendment, action or activity. Upon the expiration of the amortization period, the sign shall be brought into conformance with this section, with a permit obtained, or be removed. A sign prohibited pursuant to subsection (f) of this section may not be brought into conformance and must therefore be immediately removed 21.02-28.1 (Revised 10/03) upon the expiration of the amortization period. Amortization is the sole method of compensation for removal of signs pursuant to this section. (8) Permitting, Removal and Amortization Exemption. The permitting, removal and amortization provisions of subsections (q)(6) and (q)(7) of this section do not apply to any sign which would require the City to pay compensation for its removal under any Federal, State or other law, including Chapter 47.42 RCW, The Highway Advertising Control Act—Scenic Vistas Act. (9) Loss of Legal Nonconforming Sign Status. All nonconforming signs shall be immediately removed or modified to conform to all the provisions of this chapter, and a new permit secured therefor, and such nonconforming sign shall immediately lose its legal nonconforming designation when one (1) or more of the following events occurs: i. Structural changes. The applicant is making structural alterations or increasing the gross floor area of any structure that houses or supports the use with which the legal nonconforming sign is associated. ii. Other alterations. The applicant is making any change, alteration or performing work other than normal maintenance or other than tenant improvements, in any twelve (12) month period to any structure that houses or supports the use with which the nonconforming sign is associated and the fair market value of those changes, alterations or other work exceeds twenty-five percent (25%) of the assessed value of that structure based on the building permit valuation tables. iii. Abandonment or business cessation. The subject property containing the sign is abandoned for ninety (90) or more consecutive days or the activity conducted on the subject property ceases for one hundred eighty (180) consecutive days. iv. Sign alterations. The applicant is making changes, alterations or performing any work to the legal nonconforming sign other than regular and normal maintenance. Prohibited sign alterations include enlarging the sign face, relocating the sign or replacing the sign; provided, however, that replacing any individual tenant’s identification sign in either a center identification sign which separately identifies the tenants or in a tenant directory sign shall not result in the loss of such sign’s legal nonconforming sign designation. v. Change in use. There has been a change in use on the subject property as that term is defined in this chapter. vi. Change in tenant. There has been a change in business or change in single occupancy tenant on the subject property. In connection with any multi-use or multi-tenant complex, the foregoing events which require that a nonconforming sign be either removed or brought into conformance with this code, shall apply only to the individual owner ’s or tenant’s building-mounted or freestanding signs that have triggered the elimination of the legal nonconformance and not to the other signs located on the subject property, including any copy change in a center identification or tenant directory sign in order to include such tenant’s name. (10) Government Acquisition of Property for Right-of-Way. i. A sign that becomes nonconforming with respect to its setback from the edge of a public right- of-way as a result of a local, State, or Federal government acquisition of property for right-of-way expansion shall be characterized as a legal nonconforming sign and shall be allowed subject to the requirements of this section. ii. The City may, through a Type II permit, allow the placement of a new sign or relocation of an existing sign within a required setback if it meets all of the following criteria: a. The enforcement of this code would result in substantial hardship to the applicant because no feasible location exists to place a sign on the subject property other than in a required setback, and such hardship was created solely by local, State, or Federal government acquisition of property for right-of-way expansion and not by any action of the applicant; b. The sign is not prohibited by subsection (f) of this section and, except for location within a required setback, complies with all other requirements of this section; c. The sign complies with the City’s minimum sight distance at intersection requirements pursuant to subsection (h) of this section; and d. Location of the sign with a required setback is otherwise consistent with the public health, safety, and welfare. (r) Removal of Signs. (1) The sign user, owner and/or owner of the property on which an abandoned, dangerous, defective, illegal, or prohibited sign is located shall remove or cause to be removed any such sign as required in this Section. Failure to comply shall subject the sign user, owner and/or owner of the property on which the sign is located to the remedies and penalties of BMC 21.02.940. (Ord. 4861, §§1 – 6, 2003; Ord. 4795, Amended, 05/07/2002; Ord. 4774, Amended, 10/05/2001; Ord. 4591, Readopted, 04/14/1997; Ord. 4293 §4, 1990; Ord. 4236 §§1 and 2, 1989; Ord. 4222 §§1 and 2, 1989; Ord. 4194 §13, 1989; Ord. 4172, 1988) 21.02.335 WIRELESS TELECOMMUNICATIONS FACILITIES. (a) Purpose and Intent. The City has received requests to site wireless telecommunications towers and antennas. The purpose of this section is to provide specific regulations for the placement, construction, modification (Revised 10/03) 21.02-28.2 and removal of these facilities. Pursuant to the guidelines of Section 704 of the Federal Telecommunications Act of 1996, 47 USC Section 332(c)(7), the provisions of this chapter are not intended to and shall not be interpreted to prohibit or to have the effect of prohibiting the provision of wireless telecommunications facilities, nor shall the provisions of this chapter be applied in such a manner as to unreasonably discriminate among providers of functionally equivalent wireless services. The goals of this section are to: (i) encourage the location of towers in nonresidential areas and to minimize the total number of tall towers throughout the City, (ii) encourage the joint use of existing tower sites, (iii) encourage users of towers and antennas to locate them, to the extent possible, in areas where the impact on the City is minimal, (iv) encourage users of towers and antennas to configure them in a way that minimizes the visual impact of the towers and antennas, (v) strongly encourage the providers of personal wireless services to use concealment technology, (vi) provide standards for the siting of wireless telecommunications facilities, and (vii) facilitate the ability of the providers of wireless telecommunications facilities to provide such services throughout the City quickly, effectively and efficiently. Accordingly, the City Council finds that the promulgation of this chapter is warranted and necessary: (1) To manage the location of towers and antennas in the City; (2) To protect residential areas and other land uses from potential adverse impacts of towers and antennas; (3) To minimize visual impacts of towers and antennas through careful design, siting, landscaping, screening, innovative camouflaging techniques and concealment technology; (4) To accommodate the growing need for towers and antennas; (5) To promote and encourage shared use and co-location on existing structures and towers as a desirable option rather than construction of additional single-use towers; and (6) To avoid potential damage to adjacent properties through engineering and proper siting of wireless telecommunications facilities. (b) Definitions. In addition to the definitions provided in BMC 21.02.070, the following definitions shall apply to this section: “Abandonment” or “abandoned” means to cease operation for a period of ninety (90) or more consecutive days unless documentation is provided to the City that negotiations are underway potentially leading to the sale, lease, or resumption of operations, in which case a wireless telecommunications facility may not be considered abandoned for an additional period not to exceed ninety (90) (additional) days. “Antenna” means any exterior equipment attached or mounted to a building or tower in the form of one (1) 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 360 degree radial pattern. For the purpose of this document, an omni- directional antenna is up to fifteen (15) feet in height and up to seven (7) inches in diameter. If otherwise meeting the definition, a “whip antenna” is an omni-directional antenna. (2) “Directional antenna” transmits and receives radio frequency signals in a specific directional pattern of less than 360 degrees. (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.” “Cell on wheels (COW)” means a mobile telecommunications facility transported by a motor vehicle for temporary on-site use. “Co-location” means the placing of a wireless telecommunications antenna on an existing support structure. “Concealed” means a wireless telecommunications antenna or facility that is not evident; it is disguised, hidden by or integrated with a structure that is not a telecommunications tower; or, a personal wireless service facility that is placed within an existing or proposed structure. “Equipment structure” means a structure, shelter, cabinet, or vault used to house and protect the electronic equipment necessary for processing wireless communication signals. Associated equipment may include air conditioning, backup power supplies and emergency generators. “FAA ” means the Federal Aviation Administration. “Facilities.” See “Wireless telecommunications facility.” “FCC” means Federal Communications Commission. “Height,” in context of this section, means the following: (1) Related to tower I and tower II support structures: the dimension of the tower as measured from the base of the tower at the foundation center to the top of the tower excluding antennas; (2) Related to existing or proposed buildings: height is determined as per BMC 21.02.220, except that the highest point of a building with a pitched or hipped roof shall be considered, for purposes of this section, to be the highest point of the roof. “Provider” means every corporation, company, association, joint stock company, firm, partnership, limited liability company, other entity and individual licensed to 21.02-28.3 (Revised 10/03) provide personal wireless services over personal wireless communications facilities. “Residential zones” means the zoning districts listed in the City of Bremerton Zoning Code Chapter 21.02 BMC as SF-1, SF-2, SF-3, DR, MF, CBR, and MXD. “Residential use(s)” means structures meeting the definition of Group R, Division 3 occupancies under the Uniform Building Code 1997 Edition or equivalent definition as subsequently adopted by the City. “Satellite dish.” See “Antenna, parabolic antenna.” “Support structure” means any existing or proposed building, utility pole, or tower capable of supporting a wireless telecommunications antenna. Support structures include, but are not limited to, existing buildings, water towers, and utility poles and/or towers. “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, sixty (60) feet in height. (2) “Type II tower” means a tower greater than sixty (60) feet in height. “Whip Antenna.” See “Antenna, omni-directional antenna.” “Wireless telecommunications facility” means facilities for the transmission and reception of radio or microwave signals used for communication, cellular phone, personal communications services, enhanced specialized mobile radio or any other services licensed by the FCC, and unlicensed wireless services including, but not limited to, associated equipment shelter, support tower and antenna array. (c) General Provisions. (1) Not Essential Public Facilities. Wireless telecommunications facilities are not considered essential public facilities and shall not be regulated or permitted as essential public facilities. (2) Exemptions. The following are exempt from the provisions of this chapter: i. Industrial processing equipment and scientific or medical equipment using frequencies regulated by the FCC. ii. Antennas and related equipment no more than three (3) feet in height that are being stored, shipped, or displayed for sale. iii. Facilities used for the purpose of public safety by public or semi-public entities including, but not limited to, police communications, hospital communications and 911 system communications. iv. Wireless radio utilized for emergency communications in the event of a disaster. v. Licensed amateur (ham) radio installations. vi. Satellite dish antennas less than two (2) meters in diameter, including direct home satellite services, when an accessory use of the property. vii. Routine maintenance of otherwise permitted wireless telecommunications facilities. viii. Subject to compliance with all applicable City, State, and Federal standards, an emergency repair of a wireless telecommunications facility, provided that a permit is applied for within thirty (30) days after completion of such emergency repair. (3) Principal or Accessory Use. Wireless telecommunications facilities may be considered either principal or accessory uses. A different use of an existing structure on the same lot shall not preclude the installation of a wireless telecommunications facility on that lot. (4) Prohibited Use. Type I and Type II towers are prohibited in single-family residential zones. (d) Permits Required. (1) An application to site a wireless telecommunications facility shall be subject to the criteria set forth below for determination of the required permitting process type. Only when the application does not meet a criteria of the highest level process type shall the next process type be considered. The order of process type criteria for locating wireless telecommunications facilities, with Type I being the highest level, shall be as follows: i. Type I Administrative Decision. a. Co-location of antennas on towers per subsection (g) of this section in nonresidential zones. b. Co-location of antennas on existing support structures, excluding towers, in any zone per subsection (i) of this section. ii. Type II Administrative Decision. New Type I towers and associated equipment and antennas in nonresidential zones. iii. Type III Administrative Decision. Any wireless telecommunications facility not included above. Including but not limited to: a. Any Type I tower in a residential zone and associated antenna and equipment enclosures. b. Any Type II tower and associated antennas and equipment enclosures. (2) A permit shall expire consistent with the provisions of UBC 106.4.4, or equivalent subsequently adopted provision of building code, except that the permit for construction of a wireless telecommunications facility shall expire one (1) year after the effective date of the permit approval. (3) Permit Fees. Fees associated with permits and reviews required under this section will be in accord with the adopted fee schedule. (4) Other Costs. In addition to the application fee, the applicant shall reimburse the City for costs of professional engineers and other consultants, mutually acceptable to both applicant and City, hired by the City to (Revised 10/03) 21.02-28.4 review and inspect the applicant’s proposal when the City is unable to do so with its existing staffing resources. By way of illustration and not limitation, these professional services may include engineering and technical review, legal review, planning review, Hearing Examiner services, environmental review, critical areas review, financial and accounting review, soils review, and mechanical and structural engineering review. In the event that a project requires professional services beyond that which is included in the base fee, the applicant shall reimburse the City the full cost of such engineer or consultant services plus a City service change of ten percent (10%) as calculated from before tax cost. (e) Standards for Review and Approval. In addition to any other applicable Federal, State, or local codes, standards or regulations, all projects requiring permits under this chapter shall also meet the following standards and approval criteria: (1) General. i. All required submittals per subsection (f) of this section shall be provided unless expressly waived by the Director of Community Development or his/her authorized representative; ii. Prior to permit approval all applications shall be accompanied with a completed Federal Aviation Regulation (FAR) 7460-1 Airspace Form with applicable agency comments if the facility is located within five (5) miles of any airport. The City may incorporate comments provided in the FAR Part 77 Airspace Form into its decision as conditions; and iii. An agreement between the applicant and City shall be provided establishing that if technology should change and a wireless telecommunication facility becomes obsolete, and the use of the facility abandoned or discontinued, the applicant shall remove facilities per subsection (j) (Abandonment or Discontinuation of Use) of this section; iv. No equipment shall be operated so as to produce noise levels above forty-five (45) dB as measured from the nearest property line on which the wireless telecommunications facility is located, except temporary generators used during power outages and natural disasters. Such temporary use shall be for the shortest time period practical; v. In the case of co-location, all standards set forth in subsections (g) and/or (h) of this section shall be met. (2) Site Development Standards. i. Type I and Type II Towers shall be set back a distance equal to one and one-half (1½) times the height of the tower from nonconforming residential use as measured from the wall of any supporting equipment enclosures of building or the base of the tower, whichever is nearer. The setback shall be measured to the nearest property line of the parcel upon which the non- conforming residential use is located. ii. Type I and Type II towers shall be set back a distance equal to three (3) times the height of the tower from any conforming residential use as measured from the wall of any supporting equipment enclosures of building or the base of the tower, whichever is nearer. The setback shall be measured to the nearest property line of the parcel upon which the conforming residential use is located. iii. Wireless telecommunications facilities shall be screened or camouflaged by employing the best available technology. This may be accomplished by use of compatible materials, location, color, stealth technologies, and/or other tactics to achieve minimum visibility of the facility as viewed from public streets or residential properties. All screening and camouflaging is subject to the approval of the City. iv. Tower bases, equipment enclosures and cabinets and related security fencing shall be screened from public view. This screening requirement may be met in a number of ways, including use of a solid masonry wall, earthen berms, or landscaping. If landscaping is employed, it shall meet all applicable requirements of BMC 21.02.710. v. In reviewing the proposed placement of a wireless facility on the site and any associated landscaping, the City may make a condition of the permit that the applicant supplement existing trees and mature vegetation to more effectively screen the facility. vi. Type I and II towers, antennas, and any associated hardware and equipment shall be painted a non-reflective color or color scheme appropriate to the background against which the facility would be viewed from a majority of points within its viewshed. A proposed color or color scheme shall be approved by the City. vii. Security fencing, if used, shall conform to the following: a. No fence shall exceed eight (8) feet in height; b. Security fencing shall be effectively screened from view through the use of appropriate landscaping materials; and c. Chain-link fences shall be painted or coated with a nonreflective color, and shall have a minimum three (3) foot deep area to be planted with approved plant species in a manner that will completely screen the fencing viii. No wireless equipment enclosures reviewed under this section shall be located within required yard setback areas. ix. Type I and Type II towers shall not be located in view corridors as defined under the Bremerton Shorelines Management Program. x. Type I and Type II towers shall not be illuminated or have lights located upon them except as required under Federal Aviation Administration (FAA) or other State or Federal regulations. 21.02-28.5 (Revised 10/03) (f) Required Submittals. Application for any Type I or Type II permit, and other related requests shall include any combination of site plans, surveys, maps, technical reports, or written narratives necessary to convey the following information in addition to the requirements of all other applicable sections. Unless otherwise adjusted by the Director of Community Development, submittal requirements will include the following: (1) Photo simulations of the proposed facility from affected residential properties and public rights-of- way at varying distances; (2) A site or combined site and vicinity plan clearly indicating the site location, type and height of the proposed tower (if any) and antenna, on-site and nearby land uses and zoning, roadways, proposed means of access, setbacks from property lines, sufficient to demonstrate that setbacks and other pertinent requirements of this chapter have been met. Such drawings shall specifically include elevation drawings of the proposed tower (if any), any other proposed structures, the setback as described in subsection (e)(2)(i) of this section between the proposed facility and any nearby residential zone or use; (3) A site elevation and landscaping plan indicating the specific placement of the facility on the site, the location of existing structures, trees, and other significant site features, the type and location of plant materials used to screen the facility, and the proposed color(s) of the facility, and the method of fencing, and finished color and, if applicable, the method of camouflage and illumination. In the case of co-location on existing support structures this requirement may be adjusted by the Director as appropriate; (4) A signed statement indicating that: (i) the applicant and landowner (if different) agree they will diligently negotiate in good faith to facilitate co-location of additional wireless telecommunications facilities by other providers on the applicant’s structure or within the same site location, and (ii) the applicant and/or landlord agree to remove the facility within one hundred eighty (180) days after abandonment per subsection (j) of this section; (5) Copies of any environmental documents required by any Federal agency. These shall include the environmental assessment required by FCC Para. 1.1307, or, in the event that an FCC environmental assessment is not required, a statement that describes the specific factors that obviate the requirement for an environmental assessment; (6) Legal description of the parcel; (7) A letter signed by the applicant stating the tower will comply with all FAA regulations and EIA Standards and all other applicable Federal, and local laws and regulations; (8) Certification that the antenna usage will not interfere with other adjacent or neighboring transmission or reception functions; (9) The telecommunications provider must provide documentation that it is licensed by the FCC if required to be licensed under FCC regulations; (10) The telecommunications provider must supply documentation that it has consulted with hospitals, medical clinics, and other similar medical uses within a radius of one thousand (1,000) feet of the proposed wireless telecommunications facility and that such hospitals, clinics and medical uses testify that the wireless facility will not cause interference, malfunctions, or improper operation of any diagnostic, analytical, or therapeutic equipment uses in the care, treatment, or diagnosis of medical patients; (11) The applicant, if not the telecom- munications service provider, shall submit proof of lease agreements with an FCC licensed telecommunications provider if such telecommunications provider is required to be licensed by the FCC; (12) All applications shall be accompanied with a completed Federal Aviation Regulation FAR 7460-1 Airspace Form with applicable Agency comments if the facility is located within five (5) miles of any airport. The City may incorporate comments provided in the FAR Part 77 Airspace Form into its decision as conditions; (13) An agreement between the applicant and City shall be provided establishing that if technology should change and a wireless telecommunication facility becomes obsolete, and the use of the facility abandoned or discontinued, the applicant shall remove facilities per subsection (j) (Abandonment or Discontinuation of Use) of this section; (14) A technical report demonstrating the service requirements of the applicant and demonstrating need for the proposed facility at the location proposed. At a minimum, the technical report shall include: (i) a map of the area to be served by the tower or antenna, (ii) its relationship to other cell sites in the applicant’s network including technical data related to frequencies, range, capacity, etc., and (iii) an evaluation of existing buildings taller than thirty (30) feet, within one-quarter (¼) mile of the proposed tower or antenna which from a location standpoint could provide part of a network to provide transmission of signals. The technical report should demonstrate how the proposed site fits into the provider ’s overall network; (15) An alternative sites report must be submitted. The report shall discuss all potential sites investigated, including at a minimum all nearby priority locations as listed in subsection (i) of this section; summarize technical data and other rationale as to why a potential site was not appropriate and considered further; and include a demonstration that: (i) the applicant has contacted the owners of structures in excess of thirty (30) (Revised 10/03) 21.02-28.6 feet high within a one-quarter (¼) mile radius of the site proposed and which from a location standpoint could provide part of a network for transmission of signals; (ii) asked for permission to install the antenna on those structures; and (iii) access/location was denied for reasons other than economic feasibility; and (16) When there is a technical disagreement relating to location, height or related issues the City and the applicant may retain a mutually acceptable technical expert in the field of RF engineering to provide technical advice to the City on the proposal. The cost for such a technical expert will be at the expense of the applicant. (g) Co-Location on Type I and Type II Towers. Type I and Type II towers permitted under this chapter shall be designed to accommodate co-location. The following provisions shall apply: (1) All new Type I towers shall be designed to accommodate at least one additional provider. Type II towers shall be designed to accommodate at least two additional carriers. The City of Bremerton may deny a project for a wireless telecommunications facility if co- location is not provided. (2) Additional tower height provided for co- location shall be the minimum needed. Separation between existing and potential additional antenna arrays shall not exceed fifteen (15) feet unless a technical rationale for a larger separation, acceptable to the City, is provided during permit approval for initial tower construction or for any modification of existing towers adding tower height. (3) An owner of a Type I or Type II tower approved under this chapter may not deny a wireless provider the ability to co-locate on their facility at a fair market rate or at another cost basis agreed to by the affected parties. (4) In the event co-location is found to be not feasible, a detailed written statement or report demonstrating the reasons for the unfeasibility shall be prepared by the applicant. The City and the applicant may retain a mutually acceptable technical expert in the field of RF engineering to review the applicant’s unfeasibility report. The technical expert will provide comments on the unfeasibility report and provide comments on how the facility could be designed to accommodate co-location if possible. The cost for such a technical expert will be at the expense of the applicant. (h) Co-location on Support Structures other than Type I and Type II Towers. Wireless telecommunications facilities may be co-located on existing or proposed support structures other than Type I or Type II towers under the following conditions: (1) Type I and Type II towers may not be placed on any other existing or proposed support structure; (2) Whip antennas may exceed the structure height by a maximum of fifteen (15) feet, and other omni- directional antennas may exceed the structure height by a maximum of ten (10) feet; (3) Wireless telecommunications facilities may be mounted on one (1) or more building facades or on one (1) or more sides of a mechanical equipment enclosure; (4) The wireless telecommunications facilities of one (1) provider, including all appurtenances and screening, shall not exceed five percent (5%) of any facade of a building. The wireless telecommunications facilities of all providers located in the support structure shall not exceed ten percent (10%) of the building facade; (5) Exterior equipment structures placed on existing support structures may not exceed five hundred (500) cubic feet with a five (5) foot height limit above existing building height in residential zones; and (6) Antennas may be attached to ball field light standards, electrical transmission towers, water tanks or existing utility poles; provided, that: i. In residential zones, supporting equipment enclosures and structures shall be in side or rear yards and otherwise adhere to the building setback requirements of the zone, and ii. Utility poles in any zone shall not be extended or replaced such that overall height is increased more than twenty (20) feet above the pre-existing pole or the average height of existing poles within three hundred (300) feet whichever is less. (i) Priority of Locations and Consideration Process. The order of priorities for locating new personal wireless service facilities shall be as follows: (1) Place antennas and towers on public property if practical. (2) Place antennas and towers in districts zoned (BP) Business Park, (IP) Industrial Park, or (IG) Industrial General. (3) Co-locate antennas on appropriate rights-of- way and existing structures, such as buildings, towers, water towers and smokestacks. (4) Place antennas and towers in other zone districts which do not adjoin or adversely impact residential neighborhoods. (5) Only after an applicant has provided an alternative sites report per subsection (f)(11) of this section that demonstrates that priority sites per this section have been investigated shall other sites be approved. (j) Abandonment or Discontinuation of Use. (1) At such time that a provider plans to abandon or is required to abandon, the operation of a wireless telecommunications facility, such provider will notify the City Department of Community Development by certified U.S. mail of the proposed date of abandonment. Such notice shall be given no less than thirty (30) days prior to abandonment. (2) In the event that a licensed provider fails to give such notice, the personal wireless facility shall be considered abandoned. 21.02-28.7 (Revised 10/03) (3) Upon abandonment, the provider shall physically remove the wireless telecommunications facility within one hundred eighty (180) days from the date of abandonment. “Physically remove” shall include, but not be limited to: i. Removal of antennas, mounts, equipment cabinets and security barriers from the subject property. ii Removal of Type I or Type II towers. iii. Transportation of the antennas, mounts, equipment cabinets, security barriers, and towers to a location outside of the City of Bremerton. iv. Restoring the location of the personal wireless facility to its natural condition, except any remaining landscaping and grading. (k) Maintenance. (1) Wireless telecommunications facilities shall be maintained. For purpose of this section, maintenance shall include but not necessarily be limited to the following: i. Keeping of all plant materials used for screening in a live and healthy condition; ii. Regular painting of towers, enclosures, fences and all paintable items on the site such that rust, peeling paint, or oxidation is not evident; iii. Repair of any loose or hanging equipment or parts; and iv. Replacement of missing plants, fencing or fencing parts, or other portions of towers, enclosures, and other equipment. (l) Enforcement. Violations of this section shall be subject to enforcement pursuant to BMC 21.02.940. (Ord. 4860 §1, 2003) 21.02.340 PURPOSE. This Planned Unit Development (PUD) section is intended to: (a) Permit diversity and variety in allowable uses, location, and types of structures; (b) Promote the efficient use of land by facilitating a flexible arrangement of buildings, circulation systems, land uses, and utilities; (c) Preserve, to the greatest extent possible, the existing landscape features and minimize adverse effects on sensitive environmental areas; (d) Allow the combination and coordination of architectural styles, building forms, and building relationships within the planned area; (e) Lessen development impacts on adjacent areas through site design and necessary mitigating measures; (f) Preserve the value, character, and integrity of surrounding areas which have been, or are being, developed under traditional zoning district regulations; (g) Provide greater predictability for the applicant's chances of gaining approval; (h) Provide City officials with assurances that the project will retain the character proposed at the time of approval; and (i) Allow the general public greater opportunity to participate in the development process. (Ord. 4591, Readopted, 04/14/1997; Ord. 4172, 1988) 21.02.350 OUTLINE OF THE PUD PROCESS. A PUD application is reviewed by the City in a two- part process; review of a preliminary plan, followed by review of a final plan. The purpose of this process is to minimize development costs prior to a City determination of the acceptability of the preliminary plan for a PUD. (a) Part I: The steps involved in the Preliminary Plan review are: (1) City staff and applicant discuss concept at pre-application conference. (2) City staff conducts neighborhood meeting, if required by the Director, to discuss the concept plan. (3) Applicant submits Preliminary PUD application. (4) City staff conducts technical review of the proposed PUD plan and prepared staff report. (5) Administrative Hearing Examiner reviews the proposals, as presented in the staff report and accompanying documentation and conducts open pre- decision public hearing pursuant to Chapter 2.13 BMC. (6) Administrative Hearing Examiner makes recommendation for City Council action. (7) City Council makes closed record decision on the Preliminary PUD Plan. (b) Part II: The steps involved in the Final Plan review are: (1) Applicant submits Final PUD application. (2) Director takes action on the Final Plan. (3) Plans that include a rezone, combination of zones, subdivision, or other matters that require City Council approval will go to the City Council for final action consistent with the initial PUD decision. (4) Record with Kitsap County Auditor. (Ord. 4798, Amended, 05/10/2002; Ord. 4592, Amended, 05/21/1997; Ord. 4591, Readopted; 04/14/1997) 21.02.360 CONCEPTUAL REVIEW. (a) Prior to the submittal of the Preliminary PUD Application, and following at least one pre-application conference, the applicant shall request a Conceptual Review. The Department of Community Development (DCD) shall arrange a conference within seven (7) days following the request. (b) The following information shall be submitted for a Conceptual Review: (Revised 10/03) 21.02-28.8 (1) A sketch map of existing conditions for both the subject property and those abutting lands within two hundred (200) feet in all directions. (2) A sketch plan of the proposed development including, but not limited to: i. Circulation pattern and distribution of parking areas; ii. Buildings and use areas, with densities; and iii. Landscape/buffer/open space and recreation areas. (3) The Director of Community Development, or his/her representative, shall furnish the applicant with written comments within seven (7) working days after the Conceptual Review. In addition, this letter shall whether or not a neighborhood meeting will be required. (Ord. 4592, Amended, 5/21/1997; Ord. 4591, Readopted, 04/14/1997) 21.02.370 NEIGHBORHOOD MEETING. (a) After the Conceptual Review, but prior to filing a preliminary application, the Director of Community Development may require a neighborhood meeting if the proposed PUD project may cause a significant impact on a neighborhood. The purpose of such a meeting will be to solicit information regarding design alternatives to minimize any adverse impact from the proposal and alleviate community concern. (b) Prior to a neighborhood meeting, the applicant shall submit the following names and addresses, which shall be on stamped legal size envelopes. At the applicant’s option, DCD staff will provide this service for an additional fee. (1) Neighborhood organizations. (2) City Council member(s) of the district(s) in which the project is being proposed. (3) Surrounding property owners per the following schedule: Distance in feet from perimeter (Excluding Size of PUD rights-of-way) Less than 2 acres 300’ 2 to 5 acres 500’ Over 5 acres 700’ Names and addresses shall be provided by a title company and shall be submitted for mailing to the Department no less than fourteen (14) calendar days prior to the neighborhood meeting. (c) City staff shall take written note of substantive comments, major concerns, and questions during the neighborhood meeting. Written notes shall be available for public review within five (5) working days. (d) A record shall also be established to include the names and addresses of persons attending and/or providing comments as affected parties for subsequent notification. (Ord. 4592, Amended, 05/21/1997; Ord. 4591, Readopted, 04/14/1997) 21.02.380 PRELIMINARY PUD APPLICATION. Title 21 Appendix: 152(b)-1 (Revised 10/03) Downtown District Building Heights (Appendix Figure 152b) Area A: 100 Foot Height Limitation Area B: 70 Foot Height Limitation Area C: 70 Foot Height Limitation, Special Consideration (see footnote)* *The overall height limit is seventy (70) feet as measured pursuant to Bremerton SMP Chapter 8 Definitions, Height, and WAC 173-27-030(9); provided, that in no case at any point shall a structure be more than six (6) stories plus five (5) feet above the elevation of Washington Avenue at the site’s front property line (edge of right-of-way). The added height of any roof(s) shall be excluded from the height determination. (Ord. 4858 Exh. A, 2003) 21.06-1 (Revised 10/03) Chapter 21.06 COMPREHENSIVE PLAN AMENDMENTS Sections: 21.06.010 BIENNIAL AMENDMENTS. 21.06.020 APPLICATIONS. 21.06.030 TIME OF FILING. 21.06.040 SUSPENSION OF APPLICATIONS. 21.06.050 AMENDMENTS OUTSIDE THE BIENNIAL PROCESS. 21.06.060 SEPA REVIEW. 21.06.070 CUMULATIVE EFFECT. 21.06.080 DECISION CRITERIA. 21.06.090 HEARING PROCEDURES - NOTICE REQUIREMENTS. 21.06.100 CITY COUNCIL ACTION. 21.06.110 APPEALS. 21.06.010 BIENNIAL AMENDMENTS. The City Council shall consider amendments to the Bremerton comprehensive plan no more than once each biennium, except as provided in BMC 21.06.050. The biennial consideration of amendments shall occur in even- numbered years. (Ord. 4852 §1 (in part), 2003) 21.06.020 APPLICATIONS. Comprehensive plan amendments may be initiated by the Department of Community Development or other administrative staff of the City, private citizens, private or public entities or agencies, the Planning Commission, or the City Council. Application fees for comprehensive plan amendments shall be the same as the fee established for rezones. (Ord. 4852 §1 (in part), 2003) 21.06.030 TIME OF FILING. Applications to amend the comprehensive plan shall be submitted to the Department of Community Development by April 1st of each even-numbered year. Applications shall be submitted on forms prescribed by the Department. Incomplete applications will not be accepted for filing. Requests received after April 1st shall be considered in the next even-numbered year amendment process. (Ord. 4852 §1 (in part), 2003) 21.06.040 SUSPENSION OF APPLICATIONS. The City Council may, by motion or resolution, suspend the amendment process for any given biennium. However, in no case shall the amendment process be suspended for two consecutive biennia. (Ord. 4852 §1 (in part), 2003) 21.06.050 AMENDMENTS OUTSIDE THE BIENNIAL PROCESS. Pursuant to RCW 36.70A.130, the City Council may consider amendments to the comprehensive plan outside the biennial review process set forth in BMC 21.06.010 under the following circumstances: (a) Subarea Plan. The initial adoption of a subarea plan that does not modify the comprehensive plan policies and designations applicable to the subarea; and (b) Shoreline Master Program. The adoption or amendment of a shoreline master program under the procedures set forth in Chapter 90.58 RCW; and (c) Capital Facilities Element. The amendment of the capital facilities element of the comprehensive plan that occurs concurrently with the adoption or amendment of the city’s budget; and (d) Scheduled Comprehensive Reviews. Scheduled reviews and evaluations of the city’s comprehensive plan pursuant to RCW 36.70A.130(4); and (e) Emergency Amendments. At any time an emergency situation exists. Emergency comprehensive plan amendments may be processed separately and in addition to the standard biennial amendment process even though such emergency amendment results in a comprehensive plan amendment more frequently than once per year. Prior to considering an emergency amendment, the City Council shall, by resolution or motion, make a finding that an emergency situation exists. The following shall constitute a basis for emergency amendments: (1) Situations involving official, legal, or administrative actions, such as those to immediately avoid an imminent danger to public health and safety, prevent imminent danger to public or private property or to prevent an imminent threat of serious environmental degradation, (2) To address the absence of adequate and available public facilities or services, (3) To resolve an appeal of the comprehensive plan filed with the Central Puget Sound Growth Management Hearings Board or court, or to comply with a decision of the Board or court or of a State agency or office or the State legislature necessitating an emergency comprehensive plan amendment, or (4) Council confirmation of the Director ’s finding of a conflict, inconsistency, deficiency or other internal defect in the comprehensive plan that requires correction for clear, complete and consistent policy direction. (Ord. 4852 §1 (in part), 2003) 21.06.060 SEPA REVIEW. After April 1st of each even-numbered year, the City’s Responsible Official shall review the cumulative environmental effect of all proposed comprehensive plan amendments, pursuant to the Washington State (Revised 10/03) 21.06-2 Environmental Policy Act (SEPA). If the Responsible Official determines that a draft final or supplemental environmental impact statement (EIS) or other appropriate environmental review is warranted, applicants may be responsible for a full or proportionate share of the costs of preparing the environmental analysis as determined by the Responsible Official. (Ord. 4852 §1 (in part), 2003) 21.06.070 CUMULATIVE EFFECT. In considering annual amendments to the comprehensive plan, the Planning Commission and the City Council shall consider all proposed amendments concurrently to assess their cumulative effect. The analysis of cumulative effect shall be conducted pursuant to BMC 21.06.060 and shall be entered into the hearing records of the Planning Commission and City Council prior to any action. (Ord. 4852 §1 (in part), 2003) 21.06.080 DECISION CRITERIA. The Planning Commission may recommend, and the City Council may adopt or adopt with modifications, an amendment to the comprehensive plan if: (a) There exists an obvious technical error in the pertinent comprehensive plan provisions; or (b) All the following criteria have been met: (1) The amendment is consistent with the Growth Management Act; (2) The amendment is consistent with the comprehensive plan or other goals or policies of the City; (3) If the amendment was reviewed but not adopted as a part of a previous proposal, circumstances related to the proposed amendment have significantly changed, or the needs of the City have changed, which support an amendment; (4) The amendment is compatible with existing or planned land uses and the surrounding development pattern; and (5) The amendment will not adversely affect the City’s ability to provide urban services at the planned level of service and bears a reasonable relationship to benefitting the public health, safety and welfare. (Ord. 4852 §1 (in part), 2003) 21.06.090 HEARING PROCEDURES - NOTICE REQUIREMENTS. The Department of Community Development shall prepare a report on proposed plan amendments which shall be presented to the Planning Commission at a public hearing. The Planning Commission shall hold one (1) or more hearings on the proposed amendments. Following the public hearing by the Planning Commission, the Planning Commission’s recommendation shall be forwarded to the City Council for action. For proposed text amendments, notice of the first Planning Commission and the first City Council public hearing shall be given in at least one (1) publication in the local newspaper at least ten (10) days prior to said hearing. (Ord. 4852 §1 (in part), 2003) 21.06.100 CITY COUNCIL ACTION. Following receipt of the Planning Commission recommendation, the City Council shall affirm, deny, modify or return the application to the Commission for further consideration. In the event the City Council modifies the recommendation, it shall make its own findings and set forth in writing the reasons for the action taken. If the City Council makes a substantial modification to the Planning Commission recommendation, it shall hold at least one (1) additional hearing on the modified recommendation prior to adoption. (Ord. 4852 §1 (in part), 2003) 21.06.110 APPEALS. Appeals from a decision of the Bremerton City Council shall be pursuant to Chapter 36.70A RCW. (Ord. 4852 §1 (in part), 2003) Tables-1 (Revised 10/03) Ordinance Table Information on the disposition of ordinances prior to 4848 can be found in the office of the city clerk. Number Subject 4848 Recodifies Chapter 5.50 as Chapter 18.06, ambulance services (18.06) 4849 Amends § 21.22.240, critical lands ordinance (21.22) 4850 Repeals and replaces Chapter 9.88 and Title 9A, criminal code (9.88, 9A.04, 9A.08, 9A.12, 9A.16, 9A.20, 9A.24, 9A.28, 9A.32, 9A.36, 9A.40, 9A.44, 9A.48, 9A.52) 4851 Amends § 6.32.110, noise levels (6.32) 4852 Repeals and replaces Chapter 21.06, comprehensive plans (21.06) 4853 Council salaries (Special) 4854 Alley vacation (Special) 4855 Rezone (Special) 4856 Adds Chapter 11.12, transportation development; amends Chapter 11.08, sidewalks construction and repair, Chapter 11.10, sidewalks, duties of abutting property owners, and § 13.10.080, trees, planting and maintenance; and repeals and replaces § 15.01.100, utility system standards (11.08, 11.10, 11.12, 13.10, 15.01) 4857 Amends § 11.02.080, right-of-way use permits (11.02) 4858 Amends Chapter 21.02, Figure 152(b), zoning (21.02) 4859 Adds Chapter 9.20, pawnbrokers and second hand dealers; amends Chapter 3.01, Rate Table A, and Chapter 5.03, general provisions; recodifies Chapter 5.42 as Chapter 9.34, hotels and motels, and Chapter 5.80 as Chapter 3.74, amusement devices; repeals Chapters 5.10, 5.12, 5.25, 5.30, 5.38, 5.46, 5.48, 5.54, 5.60, 5.76, 5.84, 5.98, and 5.99, (3.01, 3.74, 5.03, 9.20, 9.34) 4860 Adds § 21.02.335, wireless telecommunications facilities (21.02) 4861 Amends § 21.02.330, off-premises signs (21.02) 4862 Street vacation (Special) 4863 Amends Ord. 4839, Fiscal year 2003 budget (Special) 4864 Adds Chapter 2.03, mayor; repeals § 2 of Ord. 4357 (2.03) 4865 Amends Chapter 3.01, Rate Table B, and § 10.11.010, parking and enforcement; repeals Chapter 10.08, parking zones, and Chapter 10.09, residential parking permits; repeals and replaces Chapter 10.10, handicapped parking (3.01, 10.08, 10.09, 10.10, 10.11)