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)