HomeMy WebLinkAbout06 bremerton1205_supp6SUPPLEMENT DIRECTIONS
BREMERTON MUNICIPAL CODE
Supplement No. 6 – December 2005
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 4950, passed November 30,
2005.
Remove these pages Insert these pages
Table of Contents ........................................... Table of Contents
Publisher’s Note ............................................... Publisher’s Note
Title 2
Table of Contents .................................. Table of Contents
— ............................................................................. 2.32-1
— ............................................................................. 2.34-1
2.76-1 – 2.76-4 .......................................... 2.76-1 – 2.76-5
2.79-1 – 2.79-3 ............................................................... —
— ............................................................................. 2.82-1
Title 3
Table of Contents .................................. Table of Contents
— ............................................................... 3.12-1 – 3.12-2
Title 7
Table of Contents .................................. Table of Contents
7.04-1 – 7.04-2 .......................................... 7.04-1 – 7.04-2
— ............................................................................. 7.05-1
7.08-1 – 7.08-2 .......................................... 7.08-1 – 7.08-3
7.10-1 – 7.10-2 .......................................... 7.10-1 – 7.10-2
7.12-1 – 7.12-4 .......................................... 7.12-1 – 7.12-4
7.14-1 – 7.14-3 ........................................................ 7.14-1
— ............................................................... 7.15-1 – 7.15.2
— ............................................................................. 7.16-1
Title 20
Tab pg. 20, Subdivisions ................. Tab pg. 20, Land Use
Table of Contents .................................. Table of Contents
— ......................................................... 20.02-1 – 20.02-10
20.04-1 – 20.04-2 .................................. 20.04-1 – 20.04-9
— ........................................................... 20.10-1 – 20.10-2
— ........................................................... 20.12-1 – 20.12-2
— ......................................................... 20.14-1 – 20.14-21
— ........................................................... 20.16-1 – 20.16-3
— ........................................................... 20.18-1 – 20.18-2
— ........................................................... 20.40-1 – 20.40-5
— ......................................................... 20.42-1 – 20.42-13
— ........................................................... 20.44-1 – 20.44-6
(Revised 12/05)
Updated by: _______
Dated: ____________
Remove these pages Insert these pages
Title 20 (Continued)
— ......................................................... 20.46-1 – 20.46-12
— ......................................................... 20.48-1 – 20.48-10
— ........................................................... 20.50-1 – 20.50-4
— ........................................................... 20.52-1 – 20.52-8
— ........................................................... 20.54-1 – 20.54-3
— ........................................................... 20.58-1 – 20.58-7
— ........................................................... 20.60-1 – 20.60-6
— ........................................................... 20.62-1 – 20.62-3
— ........................................................... 20.64-1 – 20.64-3
— ........................................................... 20.66-1 – 20.66-3
— ........................................................... 20.70-1 – 20.70-3
— ........................................................... 20.74-1 – 20.74-3
— ........................................................... 20.75-1 – 20.75-3
— ........................................................... 20.76-1 – 20.76-3
— ........................................................................... 20.78-1
— ........................................................... 20.79-1 – 20.79-2
— ........................................................... 20.80-1 – 20.80-2
— ........................................................... 20.82-1 – 20.82-2
— ........................................................... 20.84-1 – 20.84-2
— ........................................................... 20.86-1 – 20.86-2
— ........................................................... 20.88-1 – 20.88-2
— ........................................................... 20.90-1 – 20.90-2
— ........................................................... 20.92-1 – 20.92-2
— ........................................................... 20.94-1 – 20.94-2
— ........................................................... 20.96-1 – 20.96-2
— ........................................................................... 20.97-1
— ........................................................................... 20.98-1
— .................................................................. Zoning Maps
Title 21
Tab pg. 21, Land Use ..................................................... —
all pages ......................................................................... —
Tables
1 – 3 ........................................................................... 1 – 3
Please call Code Publishing Company (206-527-6831) should questions
arise while removing and replacing supplement pages.
(Revised 12/05)
(Revised 12/05)
TABLE OF CONTENTS
CHARTER OF THE CITY OF BREMERTON
Title 1 GENERAL PROVISIONS
Title 2 ADMINISTRATION AND PERSONNEL
Title 3 REVENUE AND FINANCE
Title 5 BUSINESS LICENSES AND REGULATIONS
Title 6 HEALTH AND SANITATION
Title 7 ANIMALS
Title 9 PEACE, SAFETY AND MORALS
Title 9A CRIMINAL CODE
Title 10 TRAFFIC
Title 11 STREETS AND RIGHTS-OF-WAY
Title 12 (RESERVED)
Title 13 PARKS AND RECREATION
Title 15 MUNICIPAL UTILITIES
Title 17 BUILDINGS AND CONSTRUCTION
Title 18 FIRE
Title 19 MOBILE HOMES
Title 20 LAND USE
Title 22 PUBLIC CORPORATIONS, COMMISSIONS AND AUTHORITIES
(Revised 12/05)
PUBLISHER’S NOTE
The Bremerton Municipal Code, originally maintained by the city, is being supplemented by
Code Publishing Company, starting with Ord. 4848.
Citation to the Bremerton Municipal Code: This code should be cited as BMC; i.e., “see BMC
3.08.010.” A BMC title should be cited BMC Title 3. A BMC chapter should be cited Chapter 3.08
BMC. A BMC section should be cited BMC 3.08.010. Through references should be made as BMC
3.08.010 through 3.08.040. Series of sections should be cited as BMC 3.08.010, 3.08.020, and
3.08.030.
Numbering system: The number of each section of this code consists of three parts, in sequence
as follows: Number of title; number of chapter within the title; number of section within the chapter.
Thus BMC 3.08.020 is Title 3, chapter 8, section 20. The section part of the number (.020) initially
consists of three digits. This provides a facility for numbering new sections to be inserted between
existing sections already consecutively numbered. In most chapters of the BMC, sections have been
numbered by tens (.010, .020, .030, .040, etc.), leaving nine vacant numbers between original sections
so that for a time new sections may be inserted without extension of the section number beyond three
digits.
Legislation: The legislative source of most sections is enclosed in parentheses at the end of the
section. References to ordinances are abbreviated; thus “(Ord. 92-22 § 1, 1992; Ord. 84-19 § 2,
1984)” refers to section 1 of Ordinance No. 92-22 and section 2 of Ordinance No. 84-19. “Formerly”
followed by a BMC citation preserves the record of original codification. A semicolon between ordi-
nance citations indicates an amendment of the earlier section.
Errors or omissions: Although considerable care has been used in the production of this code, it
is inevitable in so large a work that there will be errors. As users of this code detect such errors, it is
requested that a note citing the section involved and the nature of the error be e-mailed to: codepub-
lishing@qwest.net, so that correction may be made in a subsequent update.
Computer access: Code Publishing Company supports a variety of electronic formats for search-
ing, extracting, and printing code text; please call the publisher for more information.
Direction page: The supplement “directions” page, which should be retained at the front of the
book, indicates the ordinance (and passage date thereof) of the last ordinance included with each
supplement.
CODE PUBLISHING COMPANY
Seattle, Washington
(206) 527-6831
(Revised 12/05)
Title 2
ADMINISTRATION AND PERSONNEL
Chapters:
2.01 ELECTED OFFICIALS - PERS
2.02 CITY COUNCIL
2.03 MAYOR
2.05 DEPARTMENTS AND DIRECTORS
2.06 OFFICE OF THE CITY ATTORNEY
2.07 ECONOMIC DEVELOPMENT DEPARTMENT
2.09 DEPARTMENT OF FINANCIAL SERVICES
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
2.32 ARTS COMMISSION
2.34 GOLD MOUNTAIN GOLF COMPLEX BOARD OF
DIRECTORS
2.46 EMPLOYEE AWARD PROGRAM
2.48 EMPLOYEES IN MILITARY
2.50 MANAGEMENT AND PROFESSIONAL STAFF
COMPENSATION PROGRAM
2.62 BREMERTON MUNICIPAL COURT
2.74 TRAVEL AUTHORIZATION AND EXPENSE
REIMBURSEMENT
2.76 PROCUREMENT AND DISPOSAL CODE
2.78 REAL PROPERTY TRANSACTIONS
2.82 NAMING OF PARKS AND PUBLIC FACILITIES
2.88 DISABILITY ACTION COMMITTEE
2.90 INDEMNITY OF PERSONNEL
2.92 OFFICE OF RISK MANAGEMENT AND SAFETY
(Revised 12/05)
2.96 CODE OF ETHICS
2.98 BREMERTON RESERVE OFFICER BOARD OF
TRUSTEES
2.100 PUBLIC ACCESS CITIZENS ADVISORY
COMMITTEE
2.32-1 (Revised 12/05)
Chapter 2.32
ARTS COMMISSION
Sections:
2.32.010 PURPOSE OF ARTS
COMMISSION.
2.32.020 ARTS COMMISSION
ESTABLISHED.
2.32.030 ART/ARTIST SELECTION.
2.32.010 PURPOSE OF ARTS
COMMISSION.
(a) The City of Bremerton supports expanding
experiences with the arts through public art to enhance
the quality of life for its citizens. Public art has enabled
people in all societies to understand more clearly their
communities and individual lives. Artists creating art
for public places benefits the community and enhances
the City’s standing as a center for artists. A policy is
therefore established to direct the inclusion of works of
art in public places ("public art") in the City through a
program to be known as the "one (1) percent for arts pro-
gram," funded through a one (1) percent for arts fund as
set forth in Chapter 3.12 BMC.
In administering the arts program, it is the City’s
desire to:
(1) Enhance and enrich the City’s physical
environment and public spaces.
(2) Consider opportunities to celebrate the
multicultural and diverse character of Bremerton.
(3) Contribute a sense of ownership and pride
in spaces and public facilities to Bremerton citizens.
(Ord. 4940 § 1 (part), 2005)
2.32.020 ARTS COMMISSION
ESTABLISHED.
(a) Membership. The Arts Commission shall con-
sist of seven (7) members. Members shall include but
not be restricted to representatives of: painters, sculp-
tors, music, literature, architects, and landscape archi-
tects. Appointment to the Arts Commission shall be
made by the Mayor subject to confirmation by the City
Council.
(b) Terms. Terms of office shall consist of four (4)
year staggered terms with the initial terms consisting of
two (2) members with four (4) year terms, two (2) mem-
bers with three (3) year terms, two (2) members with
two (2) year terms and one (1) member with a one (1)
year term.
(c) Compensation. Commissioners shall serve
without compensation.
(d) Conflict of Interest. No City official or
employee may be a member of the Arts Commission,
nor may any citizen having a conflict of interest be a
member of the Arts Commission. No Commission
member may submit work for consideration during
his/her term of office. As soon as a conflict of interest
becomes apparent, the Commission member shall dis-
close to each of the members voting on the matter the
nature of his/her interest in the issue and shall be dis-
qualified from participating in any debate, decision or
vote relating to that issue.
(e) Administrative Support. The Department of
Community Development shall provide administrative
support for and work with the Arts Commission to carry
out its duties.
(f) Maintenance. The Arts Commission shall
oversee the conservation and maintenance of any public
art and shall prepare reports as requested for submittal to
the City Council on the condition and maintenance
requirements of all public art.
(g) Community Outreach. The Arts Commission
shall support citizen forums and workshops, gather
information and/or assist in education/informing the
public about public art and the City’s public art collec-
tion.
(h) Rules and Procedures. The Arts Commission
shall establish rules and procedures it deems necessary
and appropriate to administer and implement the one (1)
percent for arts program. These rules and procedures
may address the following:
(1) Methods for selection of artists and art for
public art projects;
(2) Incentives for the inclusion of art in pri-
vate projects;
(3) Artists’ rights and responsibilities relative
to public art;
(4) Maintenance and preservation of public
art;
(5) Decommissioning and removal of public
art;
(6) Public education and community out-
reach;
(7) Private funding and gifts for public art.
(Ord. 4940 § 1 (part), 2005)
2.32.030 ART/ARTIST SELECTION.
(a) Planning. Artists may be selected to assist in
the evaluation of options, strategies, limitations, oppor-
tunities for art, and aesthetic design in capital projects
before the scope, quality, schedule, and budget are
fixed.
(b) Site-Specific Work. Artists may be selected to
design artwork for a specific location.
(c) Individual Works of Art. Artists may be com-
missioned to create a work of art or existing works of art
may be acquired. (Ord. 4940 § 1 (part), 2005)
2.34-1 (Revised 12/05)
Chapter 2.34*
GOLD MOUNTAIN GOLF COMPLEX
BOARD OF DIRECTORS
Sections:
2.34.010 ESTABLISHED.
2.34.020 MEMBERSHIP AND TERMS OF
OFFICE.
2.34.030 SALARIES AND PERSONAL
EXPENSES.
2.34.040 MEETINGS.
2.34.050 DUTIES AND
RESPONSIBILITIES.
2.34.060 RULES AND PROCEDURES.
* Code reviser’s note: Ord. 4936 added these provisions as Chapter
2.32 BMC. They have been renumbered to avoid duplication in
numbering.
2.34.010 ESTABLISHED.
There is established a Gold Mountain Golf Com-
plex Board of Directors, hereinafter referred to as
"Board," which shall act as an advisory body to the
Director of Parks and Recreation, Mayor, and City
Council. (Ord. 4936 § 1 (part), 2005)
2.34.020 MEMBERSHIP AND TERMS OF
OFFICE.
(a) The Board shall consist of ten (10) members
with six (6) voting members and four (4) ex officio, non-
voting members as follows:
(1) Two (2) Council members appointed by
the Council President;
(2) The Director of Parks and Recreation;
(3) The Director of Public Works and Utili-
ties;
(4) The Director of Financial Services;
(5) The City Forestry Manager;
(6) The Golf Contract Administrator (ex offi-
cio, nonvoting);
(7) The two (2) golf professionals (ex officio,
nonvoting); and
(8) The Greens Superintendent (ex officio,
nonvoting).
(b) The Board members shall remain seated until
resignation or until removed by the City Council. Mem-
bers of the Board serve at the pleasure of the City Coun-
cil and may be removed by the City Council at any time.
(c) The positions assigned and the number of
members constituting the Board membership as set forth
herein may be reassigned and reconstituted by the City
Council at any time without further amendment to this
chapter. (Ord. 4936 § 1 (part), 2005)
2.34.030 SALARIES AND PERSONAL
EXPENSES.
The members of the Board shall receive no salaries
or other remuneration for their services in such capacity,
but shall be entitled to reimbursement of expenses
incurred by them in the discharge of their official duties
as may be authorized by city policy. (Ord. 4936 § 1
(part), 2005)
2.34.040 MEETINGS.
The Board shall establish a regular meeting day and
time for its Board meetings. The Director of Parks and
Recreation, or his or her designee, shall serve as Chair
of the Board. A majority of the full membership shall
constitute a quorum for conducting business. Any action
to be taken by the Board shall require the concurrence of
a simple majority of the members of the Board qualified
to vote. (Ord. 4936 § 1 (part), 2005)
2.34.050 DUTIES AND RESPONSIBILITIES.
The Board shall have the following duties and
responsibilities:
(a) To set administrative policies and rules for the
operation of the Gold Mountain Golf Complex;
(b) To recommend fee structures and annual bud-
get to the City Council for approval; and
(c) To submit reports to the City Council as
requested by the Council regarding all activities of the
Board. (Ord. 4936 § 1 (part), 2005)
2.34.060 RULES AND PROCEDURES.
The Board may establish rules and procedures for
conducting business. (Ord. 4936 § 1 (part), 2005)
2.76-1 (Revised 12/05)
Chapter 2.76
PROCUREMENT AND DISPOSAL CODE
Sections:
2.76.010 PURPOSE.
2.76.020 APPLICABILITY.
2.76.030 DEFINITIONS.
2.76.040 REQUESTS FOR BIDS AND BID
LISTS.
2.76.050 REQUESTS FOR PROPOSALS.
2.76.060 PROFESSIONAL AND
CONSULTANT CONTRACTS.
2.76.070 SUPPLY CONTRACTS AND
BLANKET PURCHASE
ORDERS.
2.76.080 DETERMINING COST OF
CONTRACT.
2.76.090 SOLE SOURCE PURCHASES.
2.76.100 CONTRACT APPROVAL
REQUIRED.
2.76.110 AMENDMENTS AND CHANGE
ORDERS - APPROVAL.
2.76.120 EXCEPTION FOR RECYCLED
PRODUCTS.
2.76.130 EMERGENCIES.
2.76.140 CREDIT/PURCHASE CARD
USE.
2.76.150 PERSONAL PROPERTY
DISPOSAL.
2.76.010 PURPOSE.
It is the purpose of this policy to provide guidelines
for the purchase of goods and services by the City in
order to maintain an efficient and accountable purchas-
ing process. It is also the purpose of this policy to allow
for the flexible application of these guidelines for more
efficient and cost-effective purchases where their strict
application would not be in the City’s best interest, such
as, for example, in those instances where requests for
bids or quotations would not be appropriate due to a sole
source supplier or where negotiations with a particular
supplier would be more appropriate due to a specialized
need of the City. (Ord. 4934 § 3 (part), 2005)
2.76.020 APPLICABILITY.
Any contract, written or oral, for the purchase of
materials, supplies, equipment or services or the lease or
rental of equipment shall be subject to the provisions of
this chapter; provided, that except for the requirements
set forth in BMC 2.76.100 and 2.76.110 relating to
authorization by the Mayor and City Council, the limi-
tations contained in this policy do not apply to:
(a) Public works or improvement contracts which
shall be entered into pursuant to RCW 35.22.620 as cur-
rently enacted and as hereinafter amended.
(b) Contracts for architectural and engineering ser-
vices governed pursuant to Chapter 39.80 RCW as cur-
rently enacted and as hereinafter amended.
(c) Purchases of materials at auctions conducted
by the United States Government or any agency thereof,
or by the State of Washington and any of its political
subdivisions. (Ord. 4934 § 3 (part), 2005)
2.76.030 DEFINITIONS.
For the purposes of this chapter, the following def-
initions will apply:
(a) "Best bid" shall mean a bid that is the best
value to and in the best interests of the City when con-
sidering items such as price, available discounts, the
product or service purchased including any alterations
or modifications thereto, shipping, time of delivery,
warranty and other terms of purchase, and any other fac-
tors relevant to the purchase. Best bid does not necessar-
ily mean lowest price.
(b) "Bid" shall mean an offer or quotation to pro-
vide goods and/or services at a specified price.
(c) "Contract" or "contract for purchase" shall
mean a purchase from a wholesaler, retailer or dealer, or
other similar transaction for the purchase of goods and
services.
(d) "Director" shall mean the director of the
department for which the contract for purchase is made,
authorized purchasing agent, or his or her designee.
(e) "Director of Financial Services" shall mean
Director of the Department of Financial Services, or his
or her designee.
(f) "Emergency" shall mean any situation where
the public health, safety and welfare are endangered.
(g) "Purchase of goods and services" shall mean a
contract to supply materials, supplies, equipment, the
lease or rental of equipment, and/or the performance of
work or labor.
(h) "Written bid" or "written request for bid" shall
include e-mail and facsimile transmittals. (Ord. 4934
§ 3 (part), 2005)
2.76.040 REQUESTS FOR BIDS AND BID
LISTS.
Requests for bids required in this section shall be
solicited for the purpose of establishing comparable and
competitive bid pricing and the best price for the pro-
posed purchase. Bids received in response to such
requests for bids shall be documented and submitted,
along with any other relevant material, to the approving
authority as set forth in BMC 2.76.060. Bids for pur-
chases shall be obtained as follows:
(a) Purchases of Ten Thousand Dollars ($10,000)
or Less. Any contract for which the estimated cost to
(Revised 12/05)2.76-2
purchase goods or services is ten thousand dollars
($10,000) or less shall be entered into pursuant to such
terms and conditions as may be authorized by the Direc-
tor. Purchases under this subsection are not required to
be entered into pursuant to solicitation or requests for
bids and may be entered into through direct negotia-
tions.
(b) Purchases over Ten Thousand Dollars
($10,000) but Not Exceeding Twenty-Five Thousand
Dollars ($25,000). If it appears that the estimated cost of
a contract to purchase goods or services, other than pro-
fessional and consulting services, will be over ten thou-
sand dollars ($10,000) but not exceeding twenty-five
thousand dollars ($25,000), the Director may contract as
follows:
(1) Telephone and/or Written Bids. Solicit,
obtain and document telephone and/or written compara-
ble bids for each purchase from at least three (3)
sources. If less than three (3) vendors are available for
bids after reasonable attempts, then such shall be docu-
mented and bids may be obtained from the available
sources;
(2) Bid Lists. For regularly made purchases, a
list of comparable bids may be maintained and updated
periodically and purchases made from that list without
soliciting bids for each such purchase;
(3) Written Request for Bids. Request in writ-
ing, and obtain from at least three (3) sources, written
comparable bids for each purchase. Requests for bids
should be in writing and contain appropriate specifica-
tions and terms of purchase as may be applicable. If less
than three (3) vendors are available for bid after reason-
able attempts, then such shall be documented and bids
may be obtained from the available sources; or
(4) Advertised Request for Bids. Publish
notice calling for bids in a newspaper of general circula-
tion most likely to bring responsive bids at least ten (10)
days before entering into that contract. The notice shall
generally state the nature of the contemplated purchase
and the description or specifications thereof, and it shall
require that the bids be filed with the City Clerk or other
designated office of the City within the time specified
therein.
(c) Purchases over Twenty-Five Thousand Dollars
($25,000). If it appears that the estimated cost of a con-
tract to purchase goods or services, other than profes-
sional and consulting services, will be over twenty-five
thousand dollars ($25,000), the Director may contract
for purchase as follows:
(1) Written request for bids pursuant to sub-
section (b)(3) of this section; or
(2) Advertised request for bids pursuant to
subsection (b)(4) of this section.
(d) Award of Contract on Best Bid. Subject to the
authorization requirements set forth in BMC 2.76.100,
the Director may:
(1) Award a contract for purchase to the best
bid as defined in BMC 2.76.030(a) in response to a
solicitation or request for bid pursuant to this section;
(2) Reject any and all bids; and/or
(3) Enter into direct negotiations with a bidder
to modify the product or service to be purchased or to
obtain a more favorable price or terms for the City.
If an award of a contract for goods and services is
made to a supplier who is not the lowest bidder, then the
reason for awarding the contract to another supplier
shall be documented (delivery time, warranty, the bid
did not meet the product or service requirements of the
City, or specific product line preferred for uniform
equipment fleet, etc.).
(e) Local Preference Purchase for Goods. When
reviewing bids for purchase, all things being equal when
considering factors such as product quality, delivery,
warranty or service provided, there is a preference to
purchase from a local supplier. A local supplier is a sup-
plier having an office or facility located in Kitsap
County and licensed to do and doing business in the
county.
(f) Contracts with Other Public Entities. In lieu of
the requirements for requests for bids pursuant to this
section, the City may, pursuant to an interlocal agree-
ment with another public entity which has entered into a
contract with a supplier pursuant to an advertised
request for bid, contract with said supplier on similar
terms for the purchase of materials, supplies or equip-
ment. (Ord. 4934 § 3 (part), 2005)
2.76.050 REQUESTS FOR PROPOSALS.
In lieu of the requirements for requests for bids pur-
suant to BMC 2.76.040, requests for proposals may be
utilized when deemed appropriate under such terms and
conditions determined suitable to meet the needs and
requirements of the particular purchase. (Ord. 4934 § 3
(part), 2005)
2.76.060 PROFESSIONAL AND
CONSULTANT CONTRACTS.
This section shall apply to professional and/or tech-
nical service consultant contracts in which the City
enters into an agreement to purchase consultant services
for City government from a corporation, firm, agency,
individual, or group of individuals based on their recog-
nized experience and knowledge within a specialized
area of expertise. Contracts for professional and consult-
ant services are not required to follow the purchasing
requirements set forth in BMC 2.76.040, but may be
entered into through direct negotiations. (Ord. 4934 § 3
(part), 2005)
2.76-3 (Revised 12/05)
2.76.070 SUPPLY CONTRACTS AND
BLANKET PURCHASE ORDERS.
In lieu of requesting bids for each purchase or main-
taining bid lists, the City may solicit bids or proposals
for a supply contract for a specific term or issue a blan-
ket purchase order for the supply of goods, materials,
supplies, equipment or services on an as-needed basis in
those instances where the specific service or product in
a product line or volume of units is undetermined, such
as the City’s needs and use of office supplies. (Ord.
4934 § 3 (part), 2005)
2.76.080 DETERMINING COST OF
CONTRACT.
To determine the cost of a contract for the purpose
of establishing the appropriate purchasing procedures
under this chapter, when the contract has no definite
term or unit amount such as a supply contract or blanket
purchase order, the amount of each individual purchase
shall determine the appropriate purchasing procedures.
Contracts may not be split to avoid the bidding and
authorization requirements set forth in this chapter.
(Ord. 4934 § 3 (part), 2005)
2.76.090 SOLE SOURCE PURCHASES.
The requirements set forth in BMC 2.76.040 for
requests for bids may be waived by a written determina-
tion by the Director that either the materials, supplies,
equipment or services are clearly and legitimately lim-
ited to a single source of supply, or that the materials,
supplies, equipment or services are subject to special
market conditions, involve special facilities or services,
or that a bid would otherwise not be practicable or in the
City’s best interests under the circumstances, in which
instances the purchase price may be best established by
direct negotiation. The written determination shall also
recite why this situation exists. (Ord. 4934 § 3 (part),
2005)
2.76.100 CONTRACT APPROVAL
REQUIRED.
(a) Mayor/Director Approval. Any contract which
is twenty-five thousand dollars ($25,000) or less
intended for the purchase, lease or rental of supplies,
material, equipment or services must be approved by the
Mayor or Director or his or her designee to become
effective and binding upon the City.
(b) Council Approval. Any contract which is over
twenty-five thousand dollars ($25,000) intended for the
purchase, lease or rental of supplies, material, equip-
ment or services must be approved by the City Council
to become effective and binding upon the City.
(c) Prior Council Consideration. When the Coun-
cil has specifically considered and approved by formal
action a particular program or matter in which the
amount of the contract and the contracting parties have
been identified, such as awards of bids, funding of cer-
tain programs, authorization to purchase or to negotiate
for the purpose of a particular item or service, or other
similar program or matter, such consideration and
approval shall constitute Council authorization for the
purpose of this section. (Ord. 4934 § 3 (part), 2005)
2.76.110 AMENDMENTS AND CHANGE
ORDERS - APPROVAL.
(a) Amendments or change orders to contracts
requiring City Council approval under this chapter may
be administratively approved by the Mayor if the
changes are:
(1) Within the scope of the project;
(2) Consistent with an initial bid process, if
any;
(3) Executed in writing; and
(4) An increase of the contract award amount
(CAA) as follows:
(b) The value of all change orders will be aggre-
gated. When any single change order, or combined
change orders on the same project or single purchase
exceeds the value limit, the change must be approved by
the City Council, except in the following instances:
(1) On service contracts used to accomplish
an ongoing City program as opposed to completing a
short-term project or purchase, change order rules,
including the aggregate rule, shall be applied on an
annual basis.
(2) Where the size of the contract and the
exhausting of change order authority make further
change order authorization impractical, the City Council
may, upon recommendation of the Mayor, extend the
aggregate limits of subsection (a)(4) of this section for
specific contracts.
(c) A work change directive may be used to:
(1) Authorize and direct work that will result
in an increase in contract price within the administrative
Contract Award
Amount
Percentage
Increase in
CAA (the
Greater Of) Limits
Less than
$100,000
30% or
minimum Min. $0
Max. $30,000
$100,000 to
$500,000
20% or
minimum Min. $30,000
Max. $100,000
Greater than
$500,000
10% or
minimum Min. $100,000
Max. $200,000
(Revised 12/05)2.76-4
authority of the Mayor as provided in subsection (a) of
this section for specific contracts. Work change direc-
tives that affect the contract price shall be incorporated
into a change order.
(2) Authorize and direct work that will result
in an increase in contract price in excess of the adminis-
trative authority of the Mayor as provided in subsection
(a) of this section:
i) Where unforeseen conditions necessi-
tate an immediate change to avoid a contractor’s claim
against the City for delays; or
ii) Due to an emergency as defined in
BMC 2.76.030(f).
In such circumstances, the work change direc-
tive shall be incorporated into a change order and pre-
sented to the City Council at its next regularly scheduled
public meeting, subject to scheduling. (Ord. 4934 § 3
(part), 2005)
2.76.120 EXCEPTION FOR RECYCLED
PRODUCTS.
Nothing in this chapter shall prohibit the City from
preferentially purchasing products made from recycled
materials or products that may be recycled or reused.
(Ord. 4934 § 3 (part), 2005)
2.76.130 EMERGENCIES.
When any emergency requires the immediate exe-
cution of any contract to purchase, lease or rent as
described in this chapter, upon the finding of the exist-
ence of such an emergency, the Mayor shall have the
power to make and enter into such contract without
strict compliance with the purchasing requirements set
forth in this chapter. The designated department director
shall issue a written basis for the emergency determina-
tion accompanied by a description and/or specification
and cost estimate of the contract at the time of or as soon
as practicable after the commencement of the purchase.
(Ord. 4934 § 3 (part), 2005)
2.76.140 CREDIT/PURCHASE CARD USE.
(a) The Director of Financial Services shall imple-
ment and maintain the following system for the distribu-
tion, authorization and control of credit/purchase cards
issued to or for the benefit of the City and used by City
officials and employees.
(1) Distribution. Credit cards may be distrib-
uted to those City officials and employees who, in the
opinion of the Director of Financial Services, have job
responsibilities that would benefit or otherwise be facil-
itated by use of credit/purchase cards.
(2) Authorization and Control. The Director
of Financial Services shall develop specific administra-
tive guidelines and accounting controls to ensure the
proper usage of credit/purchase cards and related funds.
Credit/purchase cards are to be used when it is in the
best interest of City administrative affairs.
(3) Application. The individual holder, upon
prior approval of the Director of Financial Services,
shall use each credit/purchase card in a responsible man-
ner.
(4) Credit Limits. The Director of Financial
Services shall set credit/purchase limits on each card
issued subject to final approval by the Mayor. Individual
purchases shall not exceed five thousand dollars
($5,000) and in no event shall the credit/purchase card
limit exceed ten thousand dollars ($10,000) for any indi-
vidual credit/purchase card account without pre-
approval of the Director of Financial Services.
(5) Credit Card Restriction. The following
will be considered an unauthorized transaction, pur-
chase or use of any City credit/purchase card:
(i) Cash advances;
(ii) Payment of invoices or statements;
(iii) Purchases where an open charge
account would be utilized;
(iv) Personal purchases of any kind;
and/or
(v) Obtaining cash refunds for goods pur-
chased with a City credit/purchase card.
(6) Disallowed Charges. Disallowed charges
or charges not properly identified will be paid by the
employee before the charge card/purchase billing is due.
Failure to do so will render the employee personally lia-
ble where the City shall have a prior lien against and a
right to withhold any and all funds payable or to become
payable to the employee up to the unpaid amount, plus
interest and/or fees at the rate charged by the bank that
issued the card. The employee shall not use the
credit/purchase card if any disallowed charges are out-
standing.
The act of obtaining a City credit/purchase
card does not indicate pre-approval of expenditures.
(7) Return of Credit/Purchase Card. The
employee shall return all City credit/purchase cards at
the request of the Director of Financial Services, or upon
separation of employment. Final paycheck will be held
until all outstanding City property has been returned.
(b) The Mayor and/or Director of Financial Ser-
vices are authorized to implement any additional poli-
cies or administrative procedures necessary to
implement the provisions of this section. (Ord. 4934 § 3
(part), 2005)
2.76.150 PERSONAL PROPERTY
DISPOSAL.
(a) Surplus Personal Property of Twenty-Five
Thousand Dollars ($25,000) or Less in Value. Approval
of the City Council is not required for the sale or dispo-
2.76-5 (Revised 12/05)
sition of any City-owned surplus personal property with
an estimated value of twenty-five thousand dollars
($25,000) or less. When such personal property has been
certified for disposition by a Director, sale or disposition
shall be made by the Director in accordance with meth-
ods described in subsection (c) of this section. Items
having a nominal value may be disposed of in any rea-
sonable and prudent manner or the Mayor may donate
the item to a specific bona fide charitable organization
which is tax exempt pursuant to Internal Revenue Code
Section 501(c)(3).
(b) Surplus Personal Property over Twenty-Five
Thousand Dollars ($25,000) in Value. Disposition of
surplus personal property with an estimated value over
twenty-five thousand dollars ($25,000) must be
approved by the City Council. The City Council may:
(1) Approve the disposition;
(2) Approve the disposition with conditions;
or
(3) Disapprove the proposed disposition,
whereupon it shall give the Director directions for fur-
ther action.
(c) Methods of Disposition. Permissible methods
of disposition of surplus personal property include, but
are not limited to:
(1) Public auction;
(2) Solicitation of bids;
(3) Negotiated sale for approximate fair mar-
ket value; or
(4) Transfer to another agency of government
pursuant to subsection (d)(4) of this section.
(d) Statutory Conditions/Exceptions. Certain pro-
visions of the Revised Code of Washington impose spe-
cial conditions or procedures for the disposition of
municipal personal property. When required, the Direc-
tor shall comply with those laws, and when authorized
the Director may utilize said laws, treating them as lim-
ited exceptions to the extent inconsistent with the
requirements of this chapter. These laws include, but are
not limited to, the following as currently enacted and
hereinafter amended:
(1) Chapter 35.94 RCW - Sale or Lease of
Municipal Utilities;
(2) Chapter 63.32 RCW - Unclaimed Property
in Hands of City Police;
(3) RCW 35.21.088 - Equipment rental fund;
(4) Chapter 39.33 RCW - Intergovernmental
Disposition of Property;
(5) Chapter 39.34 RCW - Interlocal Coopera-
tion Act;
(6) Chapter 63.21 RCW - Lost and Found
Property;
(7) RCW 35.21.730 through 35.21.755 -
Transfers to public corporations; and
(8) RCW 46.55.230 and 46.55.240 - Disposi-
tion of junk vehicles. (Ord. 4934 § 3 (part), 2005)
2.82-1 (Revised 10/05)
Chapter 2.82
NAMING OF PARKS AND PUBLIC FACILITIES
Sections:
2.82.010 POLICY.
2.82.020 PROCEDURE.
2.82.010 POLICY.
(a) In naming City parks and other City facilities,
the following criteria will be considered:
(1) Neighborhood, geographic or common
usage identification;
(2) A natural or geological feature;
(3) Significant historical place or event;
(4) A person who has contributed outstanding
civic service to the community or is a significant histor-
ical figure; or
(5) A person who has made a significant land
or monetary contribution to the City.
(b) For purposes of this chapter, "person" shall
mean:
(1) An individual, individuals or a family (liv-
ing or deceased); or
(2) A public or private corporation, organiza-
tion or other similar entity. (Ord. 4939 § 1 (part), 2005)
2.82.020 PROCEDURE.
(a) Naming suggestions may be solicited from the
public and/or from civic organizations. When solicited,
all suggestions shall be recorded by the applicable
department and forwarded to the Parks Commission,
when naming a City park or facility, and to the City
Council for consideration.
(b) When naming a City park facility, park or a
portion thereof, the Department of Parks and Recreation
shall submit its recommendation to the Parks Commis-
sion for approval and then to the City Council for con-
sideration and final approval.
(c) The department seeking to name a public facil-
ity, or a portion thereof, other than a City park facility or
park, shall present its recommendation to the City Coun-
cil for consideration and final approval.
(d) The City Council may, upon consideration of
any proposals and recommendations presented to it or
upon its own initiative, designate the name for the park
or other public facility or portion thereof, which shall
thereafter be identified by the name so designated. (Ord.
4939 § 1 (part), 2005)
(Revised 12/05)
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
3.12 ONE PERCENT FOR ARTS 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
3.40 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 INTOXICATION 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
3.12-1 (Revised 12/05)
Chapter 3.12
ONE PERCENT FOR ARTS FUND
Sections:
3.12.010 DEFINITIONS.
3.12.020 ONE (1) PERCENT FOR ARTS
FUND ESTABLISHED.
3.12.030 FUNDING BASIS.
3.12.040 SELECTION OF PUBLIC ART.
3.12.050 MAINTENANCE AND REPAIR
OF PUBLIC ART.
3.12.060 AUTHORIZED
EXPENDITURES FROM ARTS
FUND.
3.12.010 DEFINITIONS.
(a) "Art Advisory Panel" means a committee con-
sisting of a group of individuals, including artists, art
and design professionals and nonartist citizen represen-
tatives appointed by the Chair of the Commission to
advise and assist the Commission in selecting artists to
provide works or services to the City under the Arts Pro-
gram. The Commission is encouraged to appoint a broad
range of citizen participation on the panel. An advisory
panel may be directed by the Chair to consider a single
project or multiple projects and more than one panel
may be appointed and serve concurrently to consider
separate projects.
(b) "Arts Commission" or "Commission" means
the commission established in Chapter 2.32 BMC.
(c) "Arts fund" or "one (1) percent for arts fund"
means the common pool for appropriated funds and
donations that are accumulated pursuant to this chapter.
(d) "Arts program" or "one (1) percent for arts pro-
gram" means the policies and strategies that will iden-
tify opportunities and implement a program for creation
and display of public art within the City as well as deter-
mine project budgets for public art. This task shall be
implemented by the Arts Commission and staff working
in partnership with project departments and citizens.
(e) "Capital improvement project" means any
City-funded project(s), or any City-funded portion
thereof, including funds received from outside sources,
as specifically identified in the City’s capital improve-
ment program except that "capital improvement project"
does not mean:
(1) Capital improvement projects of munici-
pal utilities as set forth in BMC Title 15;
(2) Capital improvement projects identified in
the arterial street fund as set forth in Chapter 3.24 BMC;
(3) Capital improvement projects identified in
street fund 102;
(4) That portion of capital improvement
projects funded by CDBG funds;
(5) General maintenance of any project;
(6) Capital equipment;
(7) That portion of capital improvement
projects funded from sources that precludes expendi-
tures for public art; or
(8) That portion of capital improvement
projects already subjected to a dedicated art funding
program.
(f) "CDBG" means community development
block grant.
(g) "City" means the City of Bremerton.
(h) "Commission" means the Arts Commission
established in Chapter 2.32 BMC.
(i) "Commissioner" means an individual
appointed to serve as a member of the Arts Commission.
(j) "Construction cost" is defined to include
actual construction costs, architectural and engineering
fees, project administration, site preparation, and con-
tingency allowances. It does not include land acquisi-
tion, financing, sales tax, furnishings, fixtures or
equipment. "Council" or "City Council" means the
Bremerton City Council.
(k) "Project Department" means the department or
division of the City responsible for construction of a
capital improvement project.
(l) "Public art" means original visual creations
which are sited in a manner accessible and visible to the
public and shall include the production or arrangement
of sounds, colors, forms, movements or other elements
in a manner that enhances the sense of beauty and has
aesthetic value. Public art may also include artist-made
or artist-designed building parts that are structural or
functional elements of a building, structure, park or
other facility. Public art may include an area or space
specifically designed, constructed and managed as a dis-
play area for other works of art. "Public art" shall also
mean performing art.
(m) "Public space" means any place or property
within the City limits which is open to the general public
for its use, or which is in public view, or is generally
accessible and visible to the public.
(n) "Site preparation" shall mean all work per-
formed in, on, or around a project site in anticipation of
subsequent construction work inclusive of, but not lim-
ited to, select demolition, rough grading, environmental
assessment and remediation, erosion control and secu-
rity fencing. (Ord. 4940 § 2 (part), 2005)
3.12.020 ONE (1) PERCENT FOR ARTS
FUND ESTABLISHED.
(a) Project funds for capital improvement projects
as calculated and established in BMC 3.12.030 as well
as donations made to the arts program shall provide the
(Revised 12/05)3.12-2
revenue for purchase of public art. At the request of the
donor, donations may be earmarked for particular
projects.
(b) The one (1) percent for arts fund is hereby
established. If the one (1) percent amount authorized for
a given project is not expended, or if a surplus is avail-
able due to the work of art costing less than one (1) per-
cent of the total project cost, then the nonexpended
amount shall be deposited and pooled into the "one (1)
percent for arts fund" for use on projects approved by
the Commission. (Ord. 4940 § 2 (part), 2005)
3.12.030 FUNDING BASIS.
Beginning with the City’s fiscal year 2006 budget,
all capital improvement projects as defined in this chap-
ter will contribute to the one (1) percent for arts fund.
(a) Calculation of Contribution to Fund. The
amount of the annual appropriation for art shall be equal
to one (1) percent of the total eligible funds of capital
improvement projects as follows:
(1) At a minimum, the amount budgeted for
art in a capital improvement project shall be equal to one
(1) percent of the total construction costs as bid and
awarded.
(2) In all cases where a capital improvement
project has a scope of work that includes both eligible
and ineligible elements and categories, the budget for art
shall be calculated, at a minimum, in the eligible por-
tions of the project. In all cases where a capital improve-
ment project includes a source of funds which is eligible
for a public art purpose but which may not be pooled
with other funds and may not be used for another or dif-
ferent project, the budget for art in that capital improve-
ment project shall include one (1) percent of such
eligible funds.
(b) Pooling of Funds. A policy is hereby estab-
lished to direct the transfer to and pooling of all one (1)
percent for arts fund program monies in the arts fund.
Pooling affords the opportunity to look at the needs of
the City as a whole and use the art monies only for those
projects which may have the greatest value and impact
on communities or offer the best opportunities for artist
involvement.
(c) Appropriation of Funds. At the time a capital
improvement project is proposed, the Project Depart-
ment shall calculate and include a budgeted line item for
the arts fund associated with each eligible project. The
Finance Department shall confirm the calculations and
include the appropriations for art in the proposed City
budget. The amounts budgeted for the arts fund in par-
ticular projects may be adjusted to reflect Council
changes to the budget for the capital improvement
project. All amounts budgeted for the arts fund shall be
transferred directly into the arts fund. Fund transfers to
the arts fund will occur as soon as practicable after a bid
has been awarded for the project. (Ord. 4940 § 2 (part),
2005)
3.12.040 SELECTION OF PUBLIC ART.
(a) Each project providing funds to the arts pro-
gram may apply to the arts program for funding for any
art proposed to be incorporated into the project.
(b) The Arts Commission shall make selections of
the artists and the public art to be funded through the arts
program and maintenance and repair programs, as
appropriate, for the selected public art, subject to confir-
mation by the City Council. The Arts Commission may
empanel an Art Advisory Panel to assist in this selec-
tion. The contracts commissioning art shall address the
issue of ownership. (Ord. 4940 § 2 (part), 2005)
3.12.050 MAINTENANCE AND REPAIR OF
PUBLIC ART.
The Parks and Recreation Department shall be
responsible for the maintenance and repair of all public
art except as otherwise provided for under any mainte-
nance and repair program established by the City Coun-
cil pursuant to BMC 3.12.040. Funding sources for the
maintenance and repair of public art may include the
Parks and Recreation Department budget, other City
department budgets, other sources approved by the City
Council or the arts fund. (Ord. 4940 § 2 (part), 2005)
3.12.060 AUTHORIZED EXPENDITURES
FROM ARTS FUND.
Subject to expenditures for the selection of public
art and any maintenance and repair programs approved
pursuant to BMC 3.12.040, expenditures may be made
from the arts fund, upon approval of the City Council,
for any one of the following purposes:
(a) The selection, acquisition, and display of
works of art which may be an integral part of a project
or which may be placed in, on, or about a project or
other public space.
(b) Artist fees, design, planning, and pre-design
service contracts and commissions.
(c) Expenses for technical assistance provided by
architects and/or engineers to artists in order to design,
document, and/or certify the artwork.
(d) Maintenance and repair of City public art ben-
efited by the one (1) percent for arts fund.
(e) Citizen forums and workshops to gather infor-
mation and/or educate/inform the public about public art
and the City’s public art collection.
(f) Documentation and public information mate-
rial for the one (1) percent for arts program and public
art projects.
(g) Performing art. (Ord. 4940 § 2 (part), 2005)
(Revised 12/05)
Title 7
ANIMALS
Chapters:
7.04 GENERALLY
7.05 PROHIBITED ANIMALS
7.08 LICENSES AND LICENSING REQUIREMENTS
7.10 IMPOUNDMENT AND QUARANTINE
7.12 DANGEROUS ANIMALS
7.14 ANIMAL CRUELTY
7.15 INFRACTIONS
7.16 MISCELLANEOUS PROVISIONS
7.04-1 (Revised 12/05)
Bremerton Municipal Code 7.04.020
Chapter 7.04
GENERALLY
Sections:
7.04.010 DECLARATION.
7.04.020 DEFINITIONS.
7.04.030 AUTHORITY TO ANIMAL
CONTROL AUTHORITY.
7.04.040 ANIMAL CONTROL ZONE
ESTABLISHED.
7.04.050 CONSTRUCTION.
7.04.010 DECLARATION.
The ordinance codified in this title is enacted to
enhance the public health, safety, welfare and conve-
nience through the regulation of animal behavior to the
end that offensive animal behavior will be reduced or
eliminated. Furthermore, this title contains standards for
the use, care and treatment of animals to the end that
cruelty to animals will be reduced or eliminated. (Ord.
4949 § 1 (part), 2005: Ord. 4807, Repealed & Replaced,
06/28/2002)
7.04.020 DEFINITIONS.
The terms defined below have the meanings that
follow unless the context in which they are used clearly
indicates a different meaning:
(a) "Adequate food and water" means food or feed
appropriate to the species for which it is intended. Both
food and water must be in sufficient quantity and quality
to sustain the animal, and should be in containers
designed and situated to allow the animal easy access.
(b) "Adequate shelter" means a structure that is
moisture- and wind-proof, allows the animal to turn
around freely, sit, stand and lie without restriction,
keeps the animal clean and dry, and by application does
not cause the animal injury, disfigurement, or physical
impairment.
(c) "Adult cat" means a cat more than six (6)
months of age.
(d) "Adult dog" means a dog more than six (6)
months of age.
(e) "Animal control authority" means the Bremer-
ton Police Department, Kitsap Animal Control, Kitsap
Humane Society, or other organization contracted by
the City of Bremerton to enforce the City’s animal con-
trol provisions.
(f) "Animal welfare facility" means any indoor or
outdoor facility where pets are routinely housed or
maintained by or for an animal welfare organization.
(g) "Animal welfare organization" means any pub-
lic or private organization registered with the Washing-
ton Secretary of State’s Office as a not-for-profit
organization, whether called a kennel, cattery, shelter,
society, or rescue, and includes the organization’s offic-
ers, agents, and representatives when acting in the name
or on behalf of the organization that controls, rescues,
shelters, cares for, or disposes of pets as all or part of the
purpose of the organization.
(h) "At large" means an animal that is off the pre-
mises of the owner and not under physical restraint ade-
quate for its size and nature or is sufficiently near its
owner to be under its owner’s direct control and is obe-
dient to its owner’s commands, except that all dogs must
be leashed when off the premises of the owner.
(i) "Commercial pet facility" means any place or
entity where pets are boarded or bred for the primary
purpose of compensation, or where pets are housed for
resale, such as pet shops, but not including a veterinary
hospital where boarding is incidental to treatment.
(j) "Dangerous animal" means any pet or live-
stock that:
(1) Inflicts severe injury on a human being
without provocation on public or private property;
(2) Kills a domestic animal without provoca-
tion while the attacking animal is off the owner’s prop-
erty; or
(3) Has been previously found to be poten-
tially dangerous, because of injury inflicted on a human,
the owner having received notice of such and the animal
again aggressively bites, attacks, or endangers the safety
of humans, pets, or livestock.
(k) "Feral cat" means any cat that has no apparent
owner or identification and is apparently wild, untamed,
unsocialized, unmanageable, and unable to be
approached or handled.
(l) "Grooming parlor" means any place or entity,
public or private, stationary or mobile, where pets are
bathed, clipped, or combed for the purpose of enhancing
their aesthetic value and for which a fee is charged.
(m) "Hearing examiner" means the Municipal
Hearings Examiner established under Chapter 2.62
BMC.
(n) "Hybrid(s)" means the offspring of two (2) ani-
mals of different species, such as the offspring resulting
from breeding a domesticated dog (Canis familiaris)
with a wolf (Canis lupus).
(o) "Impoundment" means when an animal is
placed under the control or custody of the animal control
authority.
(p) "Juvenile cat" means a cat seven (7) weeks to
six (6) months of age.
(q) "Juvenile dog" means a dog seven (7) weeks to
six (6) months of age.
(r) "Livestock" means animals including, but not
limited to, all equine (horse, mule), bovine (cattle), por-
cine (swine), caprine (goats), ovine (sheep), camelid
(camel, llama, alpaca), ratitae (ostrich, emu, rhea),
(Revised 12/05)7.04-2
7.04.030
domesticated poultry, game birds and waterfowl (as
authorized by the State of Washington), or federally per-
mitted fowl and other pen raised fowl, or other animals
raised primarily for use as food or fiber for human utili-
zation or consumption.
(s) "Owner" means any person or entity which
controls, maintains, possesses, has custody of, or other-
wise provides care, shelter, protection, restraint, refuge,
food, or nourishment in such a manner as to control an
animal’s activities.
(t) "Pet" means any animal maintained by a per-
son or entity for the primary purpose of personal enjoy-
ment, exhibition, companionship or service including,
but not limited to, domesticated animals, such as cats
and dogs, and nondomesticated animals suitable to liv-
ing in companionship with humans, such as some birds
and mammals.
(u) "Pet shop" means a commercial establishment
that acquires pets for the purpose of resale.
(v) "Potentially dangerous animal" means any ani-
mal that when unprovoked:
(1) Inflicts a bite(s) on a human, pet, or live-
stock either on public or private property;
(2) Chases or approaches a person upon the
streets, sidewalks, or any other public grounds or private
property in a menacing fashion or apparent attitude of
attack; or any animal;
(3) With a known propensity, tendency, or
disposition to attack unprovoked, or to cause injury or
otherwise threaten the safety of humans, pets, or live-
stock on any public or private property.
(w) "Provoke" means to intentionally agitate,
harass, or excite an animal.
(x) "Service dogs" means any guide or signal dog
individually trained to provide assistance to an individ-
ual with a disability or that serves public or tribal law
enforcement, as well as any dog enrolled in a recognized
formal training program for those types of services.
(y) "Severe injury" means any physical injury that
results in broken bones or disfiguring lacerations requir-
ing multiple sutures or cosmetic surgery.
(z) "Wheeled vehicle" means any wheeled con-
veyance intended for use as a means of transport of per-
sons or goods. (Ord. 4949 § 1 (part), 2005: Ord. 4807,
Repealed & Replaced, 06/28/2002)
7.04.030 AUTHORITY TO ANIMAL
CONTROL AUTHORITY.
(a) The City grants to the animal control authority
the authority within Chapters 16.08, 16.10 and 16.52
RCW, and further vests in the animal control authority
the primary responsibility for animal control and for
securing compliance with this title.
(b) Employees of the animal control authority over
the age of twenty-one (21), who are commissioned as
Washington Humane Officers by the Superior Court,
may be commissioned as special officers by the Police
Chief. When so commissioned, the officer shall thereby
be charged with the enforcement of all ordinances, stat-
utes and regulations relating to the care, treatment, con-
trol, impoundment, and licensing of animals. Such
commissions may be issued and revoked in the discre-
tion of the Police Chief. (Ord. 4949 § 1 (part), 2005:
Ord. 4807, Repealed & Replaced, 06/28/2002)
7.04.040 ANIMAL CONTROL ZONE
ESTABLISHED.
All of the area within the city limits of Bremerton is
declared to be a single animal control zone. (Ord. 4949
§ 1 (part), 2005: Ord. 4807, Repealed & Replaced,
06/28/2002)
7.04.050 CONSTRUCTION.
This title shall be liberally interpreted and con-
strued to secure the public health, safety, morals and
welfare and the rules of strict construction shall have no
application. (Ord. 4949 § 1 (part), 2005: Ord. 4807,
Repealed & Replaced, 06/28/2002)
7.05-1 (Revised 12/05)
Bremerton Municipal Code 7.05.020
Chapter 7.05
PROHIBITED ANIMALS
Sections:
7.05.010 PROHIBITED ANIMALS.
7.05.020 UNLAWFUL - VIOLATIONS
AND PENALTIES.
7.05.010 PROHIBITED ANIMALS.
(a) Possession of any creature that is venomous,
poisonous, or wild is prohibited.
(b) Prohibited animals include, but are not limited
to, lions, tigers, bears, monkeys, chimpanzees, gorillas,
cougars, mountain lions, badgers, wolves, hybrids, coy-
otes, fox, lynx, alligators, caiman, crocodiles, or any
venomous/poisonous creature; provided, that circuses,
zoos, licensed trappers and animal welfare organiza-
tions are exempt from this regulation if proper safe-
guards are taken, as required in the event permitting
process, to protect the public and that the animal control
authority is notified of their arrival and duration of stay
in the city; provided further, that State-registered wild-
life rehabilitation centers are exempt from this section
with regard to care and rehabilitation of those wild ani-
mals that are indigenous to North America.
(c) Snakes over seven (7) feet in length are prohib-
ited.
(d) Livestock is prohibited inside the Bremerton
city limits; provided, that this provision shall not apply
to individuals in the process of transporting livestock
through the City when such entry into the City is of min-
imal duration and the livestock are properly secured for
transport in a cage or other suitable enclosure. (Ord.
4949 § 1 (part), 2005)
7.05.020 UNLAWFUL - VIOLATIONS AND
PENALTIES.
(a) It shall be unlawful:
(1) For any person to possess or maintain any
prohibited animals subject to the provisions of this chap-
ter.
(b) Any violation of this chapter as set forth in this
section shall constitute a misdemeanor pursuant to BMC
1.12.020(2). Further, any person, firm or corporation
violating the provisions of this chapter shall be deemed
guilty of a separate offense for each and every day or
portion thereof during which any violation of this sec-
tion is committed, continued or permitted. (Ord. 4949
§ 1 (part), 2005)
7.08-1 (Revised 12/05)
Bremerton Municipal Code 7.08.030
Chapter 7.08
LICENSES AND LICENSING REQUIREMENTS
Sections:
7.08.010 CAT AND DOG LICENSES.
7.08.020 CAT AND DOG LICENSE
PROCEDURE.
7.08.030 COMMERCIAL PET
FACILITIES, GROOMING
PARLORS AND ANIMAL
WELFARE FACILITIES.
7.08.040 UNLAWFUL - VIOLATIONS
AND PENALTIES.
7.08.010 CAT AND DOG LICENSES.
(a) Annual License. All dogs and cats shall be
licensed annually or within thirty (30) calendar days
from the date the owner acquires the animal or takes up
residence in the City of Bremerton.
(b) License Expiration. Cat and dog licenses shall
expire one (1) calendar year from the date of issuance.
(c) Cat and Dog License Fee. License fees are set
pursuant to BMC 3.01.050.
(d) Additional License Fee. Licenses not renewed
by the designated renewal date shall be assessed an
additional license fee of ten dollars ($10.00); provided,
there shall be no additional license fee where:
(1) The applicant has owned the cat or dog for
less than thirty (30) calendar days; or
(2) The applicant has resided in the City for
less than thirty (30) calendar days.
(e) Exemptions from License Fees. The following
are exempt from license fees:
(1) Cats and dogs in the temporary custody of
a veterinarian or animal welfare organization whose
owners are unknown;
(2) Cats and dogs owned, and available for
retail sale, by the owner or operator of a licensed com-
mercial pet facility; or
(3) Service dogs.
(f) Maximum Number of Household Pets. Not
more than the accumulative total of four (4) of the fol-
lowing animals may be kept in conjunction with each
permitted dwelling:
(1) Dogs, cats and ferrets over the age of six
(6) months.
(2) Rabbits and similar animals over the age
of three (3) months.
(3) Pigeons over the age of three (3) months.
(Ord. 4949 § 1 (part), 2005: Ord. 4807, Repealed &
Replaced, 06/28/2002)
7.08.020 CAT AND DOG LICENSE
PROCEDURE.
(a) Issuance of Licenses. The City Treasurer, ani-
mal control authority, or the authorized agents thereof
shall issue licenses pursuant to BMC 7.08.010, as spec-
ified in this section.
(b) Contents of License. The license shall contain
the following:
(1) Date of issuance and date of expiration;
(2) A serial number;
(3) Type of animal, its name, age, color(s),
sex, breed/mix, distinguishing characteristics, and
whether the animal is spayed or neutered;
(4) The name, address, and telephone number
of the owner of the animal;
(5) Permanent identification number or mark-
ing, such as microchip implant, if applicable.
(c) License Tag.
(1) With each license, the owner shall receive
a license tag that shall contain the serial number that cor-
responds to the serial number on the license and the date
of license expiration.
(2) The license tag shall be worn at all times
except that the license tag need not be worn by the
licensed cat or dog in a sanctioned cat or dog show or
while engaged in formal, recognized training. A micro-
chip implant may replace a license tag; provided, that
the license is renewed annually and the annual license
fee is paid.
(d) Transferability of Licenses. Licenses are not
transferable from one cat or dog to another, but may be
transferred from an original owner to a new owner; pro-
vided, that the new owner records the transfer with the
licensing agent within fourteen (14) calendar days, pays
a transfer charge as provided for in BMC 3.01.050, and
assumes responsibility for all future license fees while
maintaining ownership of the cat or dog.
(e) Lost Tags. Lost license tags may be replaced
by a substitute license or tag upon application to the City
Treasurer, the animal control authority, or their autho-
rized agents thereof and payment of a replacement
charge, as provided for in BMC 3.01.050. (Ord. 4949
§ 1 (part), 2005: Ord. 4807, Repealed & Replaced,
06/28/2002)
7.08.030 COMMERCIAL PET FACILITIES,
GROOMING PARLORS AND
ANIMAL WELFARE FACILITIES.
(a) License Required. Commercial pet facilities,
grooming parlors, and animal welfare facilities shall be
licensed pursuant to Chapters 3.01, 5.03 and 5.04 BMC.
(b) Operation requirements for commercial pet
facilities and animal welfare facilities:
(1) Adequate food and water for each species,
pursuant to BMC 7.04.020(a), and proper habitat and
(Revised 12/05)7.08-2
7.08.030
medical attention, if needed, shall be provided during
normal business hours and when the facilities are not
open for business;
(2) Food shall be stored in a fashion that pre-
vents contamination or infestation;
(3) The facilities shall be maintained and
operated in a healthful and sanitary manner, free from
disease, infestation, and foul odors;
(4) Sick animals shall be isolated from
healthy ones in quarters adequately ventilated to prevent
contamination of healthy animals;
(5) Sick or injured animals shall receive
appropriate medical treatment by or under the auspices
of a licensed veterinarian. Records shall be maintained
reflecting treatment, care, dates of veterinary visits, and
the name of the veterinarian and veterinary clinic pro-
viding treatment. Sick or injured animals shall not be
sold, bartered, or otherwise transferred from a commer-
cial pet facility or animal welfare facility to a new owner
until the illness or injury is substantially healed, unless
such transfer is to an animal welfare organization that
assumed all responsibility for providing the appropriate
medical treatment;
(6) Cats and dogs shall receive age-appropri-
ate vaccines and anthelmintics. Records of such shall be
maintained for each animal and made available to the
animal control authority and the Bremerton-Kitsap
County Health District, including the name and address
of the attending veterinarian, if applicable;
(7) A copy of all medical records including,
but not limited to, the records described in subsections
(b)(5) and (6) of this section shall be provided to new
owners at the time the ownership of the animal is trans-
ferred, or to the animal control authority upon request.
(c) Facility and individual housing and habitat
requirements for commercial pet facilities and animal
welfare facilities:
(1) Indoor and outdoor animal housing facili-
ties shall be in good repair, protect the animals from
injury, and shall provide sufficient security to contain
the animals while preventing entry by unwanted ani-
mals. Also, the habitat shall provide species-specific
requirements including, but not limited to, temperature,
humidity, and light.
(2) Indoor facilities shall:
(i) Provide the animal with adequate
space for movement and ability to sit, lie, stand, and
stretch without touching the sides or top of housing;
(ii) Be heated or cooled to protect the ani-
mals from temperatures to which they are not accli-
mated;
(iii) Be adequately ventilated;
(iv) Have interior walls, ceilings, and
floors that are sealed and are resistant to absorption of
moisture or odors;
(v) Have flooring with a surface that can
be sanitized and treated to minimize growth of harmful
bacteria;
(vi) Have a waste collection and removal
system that facilitates cleaning and permits maintaining
the facility in a sanitary condition; and
(vii)Have available a washroom with sink
for hot and cold running water.
(3) Outdoor facilities shall:
(i) Provide adequate shelter and protec-
tion from adverse weather;
(ii) Provide sufficient room for adequate
exercise and movement; and
(iii) When no indoor facility is available,
outdoor facilities shall also:
(iv) Have flooring with a surface that can
be sanitized and treated to minimize growth of harmful
bacteria;
(v) Have a waste collection and removal
system that facilitates cleaning and permits maintaining
the facility in a sanitary condition; and
(vi) Have available a washroom with sink
for hot and cold running water.
(d) Operation and Facility Requirements for
Grooming Parlors. Grooming parlors shall:
(1) Not board animals;
(2) Provide restraining straps for animals to
prevent injury while being groomed;
(3) Sterilize grooming equipment after each
use;
(4) Not leave animals unattended when
placed before a dryer;
(5) Not prescribe or administer treatment or
medicine or otherwise engage in veterinary practice as
defined in RCW 18.92.010;
(6) Not confine more than one (1) animal in
the same cage unless so requested by the owner of the
animals;
(7) Be structurally sound and in good repair,
designed to protect the animals from injury, and provide
sufficient security to contain the animals while prevent-
ing entry by unwanted animals;
(8) Have grooming and animal containment
areas with walls, ceilings and floors that are sealed and
resistant to absorption of moisture and odors; and
(9) Be cleaned and sanitized on a regular
basis.
(e) Inspections. The animal control authority shall
inspect existing or proposed commercial pet facilities,
animal welfare facilities, and grooming parlors in con-
nection with its licensing investigation and when
7.08-3 (Revised 12/05)
Bremerton Municipal Code 7.08.040
inspections are necessary to ensure compliance with this
title. Such inspections shall be made during regular
business hours. (Ord. 4949 § 1 (part), 2005: Ord. 4807,
Repealed & Replaced, 06/28/2002)
7.08.040 UNLAWFUL - VIOLATIONS AND
PENALTIES.
(a) It shall be unlawful:
(1) For a person other than the owner, keeper,
or other authorized person to remove the license tag
from an animal required or permitted to be licensed pur-
suant to this chapter;
(2) To operate a commercial pet facility, ani-
mal welfare facility, or grooming parlor without a valid
license;
(3) To operate a commercial pet facility, ani-
mal welfare facility, or grooming parlor in a fashion
contrary to that required by BMC 7.08.030.
(b) Any violation of this chapter as set forth in this
section shall constitute a misdemeanor pursuant to BMC
1.12.020(2). Further, any person, firm or corporation
violating the provisions of this chapter shall be deemed
guilty of a separate offense for each and every day or
portion thereof during which any violation of this sec-
tion is committed, continued or permitted. (Ord. 4949
§ 1 (part), 2005)
7.10-1 (Revised 12/05)
Bremerton Municipal Code 7.10.010
Chapter 7.10
IMPOUNDMENT AND QUARANTINE
Sections:
7.10.010 IMPOUNDING, REDEMPTION,
AND DISPOSITION OF PETS
AND/OR LIVESTOCK.
7.10.020 QUARANTINE.
7.10.030 UNLAWFUL - VIOLATIONS
AND PENALTIES.
7.10.010 IMPOUNDING, REDEMPTION,
AND DISPOSITION OF PETS
AND/OR LIVESTOCK.
(a) Impounding Pets and/or Livestock. Pets and/or
livestock may be impounded in the following situations:
(1) When the animal is at large;
(2) When the animal has been subjected to
cruel treatment as defined by Chapter 16.52 RCW;
(3) When the animal has injured or bitten a
person or other animal, and/or where the animal poses a
threat to people or other animals;
(4) When the animal is found in violation of
any restrictions imposed by a court, animal control
authority or hearing examiner, relating to potentially
dangerous animals; or to BMC 7.12.030 relating to dan-
gerous animals;
(5) When the animal is found in violation of
BMC 7.15.010(c) pertaining to animal noise, after two
(2) written warnings to the owner within a calendar
year;
(6) When the animal is found within the City
limits and has previously been declared to be a danger-
ous animal by a court, animal control authority or hear-
ing examiner.
(b) Place and Manner of Impoundment. Pets and
livestock shall be impounded in the place and manner
designated by the animal control authority.
(c) Authority to Pursue. Animal control authority
employees may pursue pets or livestock running at large
onto City-owned property, vacant property and unen-
closed private property to seize, remove, and impound
such animals. This shall not restrict the animal control
authority to pursue/impound an animal pursuant to
Chapter 16.52 RCW.
(d) Notice to Owner. Forthwith following
impoundment, the animal control authority shall notify
the owner of the animal of its impoundment; provided,
if the owner of the animal is unknown, the animal con-
trol authority shall make reasonable efforts to notify the
owner of the impoundment.
(e) Redemption of Impounded Animals.
(1) Pets may be redeemed upon payment of an
impound fee, a boarding fee, and any appropriate license
fees. All fees shall be charged per animal handled by the
animal control authority.
(i) The impound fee is twenty-five dol-
lars ($25.00), which amount shall double with each
offense. For example: twenty-five dollars ($25.00), first
offense; fifty dollars ($50.00), second offense; one hun-
dred dollars ($100.00), third offense.
(ii) The boarding fee shall be fifteen dol-
lars ($15.00) per day.
(2) Livestock may be redeemed upon pay-
ment of an impound fee, a boarding fee, and, if
impounding requires special transportation, a special
transportation fee. All fees shall be charged per animal
handled by the animal control authority.
(i) The impound fee is fifty dollars
($50.00), which amount shall double with each offense.
For example: fifty dollars ($50.00), first offense; one
hundred dollars ($100.00), second offense; two hundred
dollars ($200.00), third offense.
(ii) The boarding fee is twenty dollars
($20.00) per day.
(iii) The special transportation fee is sev-
enty-five dollars ($75.00) per trip.
(f) Disposition of Impounded Animals Not
Redeemed.
(1) When a pet is not redeemed, no sooner
than ninety-six (96) hours following impoundment, the
animal control authority may give or adopt the animal to
an animal welfare organization or qualified person, or
euthanize the animal.
(2) When livestock is not redeemed, no
sooner than seventy-two (72) hours following impound-
ment, the animal control authority may give or adopt the
animal to an animal welfare organization or qualified
person, or may commence to auction the animal to the
highest bidder that can provide the animal with a suit-
able environment, or euthanize the animal. Notice of the
auction and a description of the livestock to be auc-
tioned shall be published at least seven (7) calendar days
prior to the sale in the official City newspaper. Such
notice shall also be mailed to the owner of the livestock,
if known.
(3) When a feral cat is not redeemed, no
sooner than twenty-four (24) hours following impound-
ment, the animal control authority may give or adopt the
animal to an animal welfare organization or qualified
person, or euthanize the animal.
(g) Disposition of Sick or Injured Impounded Ani-
mals. Sick or injured impounded animals may be eutha-
nized in accordance with RCW 16.52.210. (Ord. 4949
§ 1 (part), 2005: Ord. 4807, Repealed & Replaced,
06/28/2002)
(Revised 12/05)7.10-2
7.10.020
7.10.020 QUARANTINE.
A pet or livestock that bites and breaks the skin of
any person may be impounded by the animal control
authority and, if impounded, shall be quarantined for ten
(10) calendar days to determine if the animal is infected
with a disease. The place of quarantine shall be estab-
lished by the animal control authority. The animal con-
trol authority may, in its discretion, allow the owner of
the animal to maintain the quarantine. Any boarding
fees incurred during the quarantine shall be paid by the
owner of the animal. During the quarantine, the animal
shall not have contact or access to any person or any
other pet or livestock other than with the owner of the
animal or animal control authority employees. (Ord.
4949 § 1 (part), 2005: Ord. 4807, Repealed & Replaced,
06/28/2002)
7.10.030 UNLAWFUL - VIOLATIONS AND
PENALTIES.
(a) It shall be unlawful:
(1) For an owner or keeper to sell an animal
knowing it to be ill or injured without first disclosing
such knowledge to the buyer;
(2) For an owner or keeper to refuse to quar-
antine or permit the quarantine of an animal when and
as required by BMC 7.10.020;
(3) For any person to prevent, obstruct or
hinder the impoundment of an animal pursuant to BMC
7.10.010.
(b) Any violation of this chapter as set forth in this
section shall constitute a misdemeanor pursuant to BMC
1.12.020(2). Further, any person, firm or corporation
violating the provisions of this chapter shall be deemed
guilty of a separate offense for each and every day or
portion thereof during which any violation of this sec-
tion is committed, continued or permitted. (Ord. 4949
§ 1 (part), 2005)
7.12-1 (Revised 12/05)
Bremerton Municipal Code 7.12.010
Chapter 7.12
DANGEROUS ANIMALS
Sections:
7.12.010 POTENTIALLY DANGEROUS
ANIMALS.
7.12.020 FAILURE TO CONTROL AN
ANIMAL DECLARED
POTENTIALLY DANGEROUS.
7.12.030 DANGEROUS ANIMALS.
7.12.040 POSSESSION OF AN ANIMAL
DECLARED DANGEROUS.
7.12.010 POTENTIALLY DANGEROUS
ANIMALS.
(a) Declaration of an Animal as Potentially Dan-
gerous. The animal control authority shall have the
authority to declare and restrict an animal potentially
dangerous, if the animal control authority has probable
cause to believe that the animal falls within the defini-
tions set forth in BMC 7.04.020(v). The declaration
must be based upon:
(1) The written complaint of a citizen who is
willing to testify that the animal has acted in a manner
which causes it to fall within the definition of BMC
7.04.020(v);
(2) Animal bite reports filed with the animal
control authority;
(3) Actions of the animal witnessed by any
employee of the animal control authority or law enforce-
ment officer; or
(4) Other substantial evidence.
(b) Exclusions. An animal shall not be declared
potentially dangerous if the animal control authority
determines, by a preponderance of the evidence, that the
threat, injury, or bite alleged to have been committed by
the animal was sustained by a person who was at the
time committing a willful trespass or other tort upon the
premises occupied by the owner of the animal, or who
was tormenting, abusing, or assaulting the animal, or
who had been in the past observed or reported to have
tormented, abused, or assaulted the animal, or who was
committing or attempting to commit a crime.
(c) Restrictions. The animal control authority may
impose any or all of the following restrictions on an ani-
mal to protect the public safety or other animals:
(1) Training. The animal control authority
may require the owner of the potentially dangerous ani-
mal and the animal to attend, complete, and pay all costs
associated with an accredited obedience/training class
or seminar. The animal control authority shall pre-
approve any choice of class by the owner of the animal,
and proof of satisfactory completion of such training
shall be provided to the animal control authority upon
completion, even if such type of training has been com-
pleted by the animal in the past.
(2) Restraint. The animal control authority
may require the owner of the potentially dangerous ani-
mal to muzzle, leash, collar, confine, lock, isolate, or
remove the animal from the City, or any combination of
the foregoing.
(3) Indemnification. The animal control
authority may require the owner of the potentially dan-
gerous animal to prove purchase of liability insurance or
bond and renewals in the amount of fifty thousand dol-
lars ($50,000) or more, as set by the animal control
authority. The insurer/bond issuer must be qualified
under RCW Title 48 and must provide coverage/funds
to offset any injuries inflicted by the potentially danger-
ous animal. All costs associated with the insurance/bond
must be paid by the insured.
(4) Warning. The animal control authority
may require the owner of a potentially dangerous animal
to post all entrances to any property where such animal
is located with such visible warning sign(s) as the ani-
mal control authority deems necessary.
(5) Financial Responsibility. The animal con-
trol authority may require the owner of a potentially
dangerous animal to pay any costs associated with
enforcement of this section including, but not limited to,
those stated above.
(d) Prohibited Ownership. No person(s) under the
age(s) of eighteen (18) years old shall own a potentially
dangerous animal, as defined in BMC 7.04.020(v).
(e) Notice of Animal Control Authority Declara-
tion. If the animal control authority receives a report of
a potentially dangerous animal, it shall immediately ini-
tiate an investigation including, but not limited to, inter-
viewing the complainant(s), interviewing the owner of
the animal, if known, and observing the animal. Upon
completion of its investigation, if the animal is declared
potentially dangerous, the animal control authority shall
prepare a written declaration. The declaration shall
include, but is not limited to, a description of the animal,
the name and address of the owner of the animal, if
known, a brief summary of the facts upon which the
declaration is based, a statement of any restrictions
placed on the animal or owner as a consequence of the
declaration, a statement of the penalties for further vio-
lations, and notice of the right to appeal the declaration.
(f) Service of Notice of Declaration. The animal
control authority shall personally serve or send by certi-
fied mail its declaration to the owner of the animal. If the
owner is unknown, the animal control authority shall
make reasonable efforts to notify the owner of its writ-
ten declaration.
(Revised 12/05)7.12-2
7.12.020
(g) Appeal to the Municipal Court Hearing Exam-
iner. The owner of an animal declared potentially dan-
gerous shall have seven (7) calendar days from receipt
of the written declaration to appeal the declaration to the
municipal court hearing examiner pursuant to BMC
2.62.045. Unless otherwise agreed to by the animal
owner, the appeal hearing must be scheduled to be heard
within twenty-one (21) calendar days from the City’s
receipt of the notice of appeal. The municipal court
hearing examiner shall provide written notice of the
hearing date and time to the owner of the potentially
dangerous animal and to the animal control authority.
Such notice must be provided at least seven (7) calendar
days prior to the scheduled hearing.
(h) Hearing Before the Municipal Court Hearing
Examiner. At the appeal hearing before the municipal
court hearing examiner, the animal control authority
shall have the burden of proving that the animal is
potentially dangerous by a preponderance of the evi-
dence. The owner of the animal may present evidence in
defense of the animal. The municipal court hearing
examiner shall weigh the evidence presented by both the
animal control authority and the owner (if applicable),
and shall issue a written decision to the appealing ani-
mal owner and animal control authority that either sus-
tains or reverses the animal control authority’s
declaration.
(i) Change of Ownership, Custody, and/or Resi-
dence. Owners of an animal that has been declared
potentially dangerous who sell, barter, or otherwise
transfer the ownership, custody, or residence of the ani-
mal shall, within fourteen (14) calendar days of the
change, inform the animal control authority in writing of
the name, address, and telephone number of the new
owner, and/or the address of the new residence where
the animal is located. Such notice shall also include the
name, description, and license number of the animal. In
the event the ownership and/or custody of the animal
changes, the owner shall notify the new owner in writing
of the details of the animal’s record relating to being
declared potentially dangerous and the terms and condi-
tions of the declaration. The owner shall also provide the
animal control authority with a copy of the written noti-
fication that shall contain a notarized statement by the
new owner acknowledging receipt of the original notifi-
cation.
(j) Failure to Abide by Restraints. Failure on the
part of the owner(s) of a potentially dangerous animal to
abide by the restraints placed upon the owner(s) or their
animal by the animal control authority, municipal court
hearing examiner, district court, or superior court may
result in impoundment of the potentially dangerous ani-
mal by the animal control authority as well as further
punitive action pursuant to BMC 7.12.020. (Ord. 4949
§ 1 (part), 2005: Ord. 4866 §1 (in part), 2003; Ord.
4807, Repealed & Replaced, 06/28/2002)
7.12.020 FAILURE TO CONTROL AN
ANIMAL DECLARED
POTENTIALLY DANGEROUS.
(a) Misdemeanor. When an animal has been previ-
ously declared potentially dangerous, by a court, animal
control authority or municipal court hearing examiner,
the owner of the potentially dangerous animal shall be
guilty of a misdemeanor pursuant to BMC 1.12.020(2)
if such animal is thereafter found:
(1) At large;
(2) To have, when unprovoked, inflicted a
bite(s) upon a human, pet, or livestock either on public
or private property;
(3) To have chased or approached a person
upon the streets, sidewalks, or any other public grounds
in such a manner as to significantly threaten the safety
of humans, pets, or livestock; or
(4) To have caused injury to or otherwise
threatened the safety of humans, pets, or livestock. This
section shall not preclude immediate criminal prosecu-
tion under RCW 16.08.100 in a first bite situation caus-
ing severe injury or death of any human.
(b) Impoundment of Potentially Dangerous Ani-
mals. In the event that a potentially dangerous animal is
impounded due to the owner’s failure to abide by the
restraints imposed by the animal control authority,
municipal court hearing examiner, district court, supe-
rior court or municipal court, the animal shall be for-
feited to the animal control authority unless the owner of
the animal makes a written request for a hearing before
the municipal court hearing examiner in the same man-
ner as an appeal pursuant to BMC 2.62.045 within seven
(7) calendar days of the date the notice of impound was
provided. If a hearing is requested, the hearing must be
scheduled to be heard within twenty-one (21) calendar
days from the City’s receipt of the request for a hearing,
unless otherwise agreed to by the animal owner. The
municipal court hearing examiner shall determine
whether it is in the best interest of the community that
the animal should be returned to the owner, forfeited by
the owner to the animal control authority, or euthanized
by the animal control authority. The municipal court
hearing examiner shall provide written notice of the
hearing date and time to the owner of the animal and to
the animal control authority. Such notice must be pro-
vided at least seven (7) calendar days prior to the sched-
uled hearing. (Ord. 4949 § 1 (part), 2005: Ord. 4866 § 1
(in part), 2003; Ord. 4807, Repealed & Replaced,
06/28/2002)
7.12.030 DANGEROUS ANIMALS.
(a) Declaration of an Animal as Dangerous. The
animal control authority shall have the authority to
declare an animal as dangerous if the animal control
authority has probable cause to believe that the animal
7.12-3 (Revised 12/05)
Bremerton Municipal Code 7.12.030
falls within the definition set forth in BMC 7.04.020(j).
The declaration must be based upon:
(1) The written complaint of a citizen who is
willing to testify that the animal has acted in a manner
which causes it to fall within the definition of BMC
7.04.020(j);
(2) Animal bite reports filed with the animal
control authority;
(3) Actions of the animal witnessed by any
employee of the animal control authority or law enforce-
ment officer; or
(4) Other substantial evidence.
(b) Exclusions. An animal shall not be declared
dangerous if the animal control authority determines, by
a preponderance of the evidence, that the threat, injury,
or bite alleged to have been committed by the animal
was sustained by a person who was at the time commit-
ting a willful trespass or other tort upon the premises
occupied by the owner of the animal, or who was tor-
menting, abusing, or assaulting the animal, or who had
been in the past observed or reported to have tormented,
abused, or assaulted the animal, or who was committing
or attempting to commit a crime.
(c) Possession Unlawful. It shall be unlawful to
possess an animal, inside the City limits of Bremerton,
that has been declared to be dangerous by any agency,
animal control authority, municipality or court. This
prohibition on possession does not apply to the animal
control authority or police department. It is a gross mis-
demeanor to violate this provision.
(d) Euthanasia. If the animal control authority
determines that the restrictions placed on the ownership
of dangerous dogs/animals by Chapter 16.08 RCW or
other applicable state statutes are insufficient to protect
the public from a particular animal declared dangerous,
the animal control authority may order the animal euth-
anized.
(e) Notice of Animal Control Authority Declara-
tion. If the animal control authority receives a report of
a dangerous animal, it shall immediately initiate an
investigation including, but not limited to, interviewing
the complainant(s), interviewing the owner of the ani-
mal, if known, and observing the animal. Upon comple-
tion of its investigation, if the animal is declared
dangerous, the animal control authority shall prepare a
written declaration. The declaration shall include, but is
not limited to, a description of the animal, the name and
address of the owner of the animal, if known, a brief
summary of the facts upon which the declaration is
based, a statement of any restrictions placed on the ani-
mal or owner as a consequence of the declaration, a
statement of the penalties for further violations, and
notice of the right to appeal the declaration.
(f) Service of Notice of Declaration. The animal
control authority shall personally serve or send by certi-
fied mail its declaration to the owner of the animal. If the
owner is unknown, the animal control authority shall
make reasonable efforts to notify the owner of its writ-
ten declaration.
(g) Appeal to the Municipal Court Hearing Exam-
iner. The owner of an animal declared dangerous shall
have seven (7) calendar days, from receipt of the written
declaration, to appeal the declaration of the animal con-
trol authority to the municipal court hearing examiner
pursuant to BMC 2.62.045. Unless otherwise agreed to
by the animal owner, the appeal hearing must be sched-
uled to be heard within twenty-one (21) calendar days
from the City’s receipt of the notice of appeal. The
municipal court hearing examiner shall provide written
notice of the hearing date and time to the owner of the
animal and the animal control authority.
(h) Hearing Before the Municipal Court Hearing
Examiner. At the appeal hearing before the municipal
court hearing examiner, the animal control authority
shall have the burden of proving that the animal is dan-
gerous by a preponderance of the evidence. The owner
of the animal may present evidence in defense of the
animal. The municipal court hearing examiner shall
weigh the evidence presented by both the animal control
authority and the owner (if applicable), and shall issue a
written decision to the appealing animal owner and ani-
mal control authority that either sustains or reverses the
animal control authority’s declaration. If the declaration
is sustained or reversed by the municipal court hearing
examiner, the appealing animal owner or the animal
control authority shall be notified of the right to appeal.
If the declaration is reversed and an appeal is not timely
filed by the animal control authority, any restrictions on
the animal previously imposed shall be annulled.
(i) Change of Ownership, Custody, and/or Resi-
dence. Owners of an animal that has been declared dan-
gerous who sell, barter, or otherwise transfer the
ownership, custody, or residence of the animal shall,
within fourteen (14) calendar days of the change, inform
the animal control authority in writing of the name,
address, and telephone number of the new owner, and/or
the address of the new residence where the animal is
located. Such notice shall also include the name,
description, and license number of the animal. In the
event the ownership and/or custody of the animal
changes, the owner shall notify the new owner in writing
of the details of the animal’s record relating to being
declared dangerous and the terms and conditions of the
declaration. The owner shall also provide the animal
control authority with a copy of the written notification
that shall contain a notarized statement by the new
owner acknowledging receipt of the original notifica-
tion. (Ord. 4949 § 1 (part), 2005: Ord. 4866 § 1 (in part),
2003; Ord. 4807, Repealed & Replaced, 06/28/2002)
(Revised 12/05)7.12-4
7.12.040
7.12.040 POSSESSION OF AN ANIMAL
DECLARED DANGEROUS.
(a) Gross Misdemeanor. When an animal has been
previously declared dangerous, by a court, animal con-
trol authority or municipal court hearing examiner, the
owner of the dangerous animal shall be guilty of a gross
misdemeanor pursuant to BMC 1.12.020(1) if such ani-
mal is thereafter found:
(1) In the owner’s possession inside Bremer-
ton City limits; or
(2) Inside City limits under circumstances
evidencing that the animal was intentionally brought
into the City by the owner or at the request or acquies-
cence of the owner.
(b) Impoundment of Dangerous Animals. In the
event that a dangerous animal is impounded due to the
animal being found within the Bremerton City limits,
the animal shall be forfeited to the animal control
authority unless the owner of the animal makes a written
request for a hearing within seven (7) calendar days of
the date the notice of impound was provided to the
owner of the animal. If a hearing is requested, the hear-
ing must be scheduled to be heard within twenty-one
(21) calendar days from the day of the City’s receipt of
the request for a hearing before the municipal court
hearing examiner in the same manner as an appeal pur-
suant to BMC 2.62.045 unless otherwise agreed to by
the animal owner. The municipal court hearing exam-
iner shall determine whether it is in the best interest of
the community that the animal should be returned to the
owner, forfeited by the owner to the animal control
authority, or euthanized by the animal control authority.
The municipal court hearing examiner shall provide
written notice of the hearing date and time to the owner
of the potentially dangerous animal and to the animal
control authority. Such notice must be provided at least
seven (7) days prior to the scheduled hearing. (Ord.
4949 § 1 (part), 2005: Ord. 4866 § 1 (in part), 2003;
Ord. 4807, Repealed & Replaced, 06/28/2002)
7.14-1 (Revised 12/05)
Bremerton Municipal Code 7.14.020
Chapter 7.14
ANIMAL CRUELTY
Sections:
7.14.010 ANIMAL CRUELTY.
7.14.020 UNLAWFUL - VIOLATIONS
AND PENALTIES.
7.14.010 ANIMAL CRUELTY.
RCW 16.52.207 is adopted by reference as cur-
rently enacted and as hereinafter amended from time to
time and shall be given the same force and effect as if set
forth herein in full. (Ord. 4949 § 1 (part), 2005)
7.14.020 UNLAWFUL - VIOLATIONS AND
PENALTIES.
RCW 16.52.200 is adopted by reference as cur-
rently enacted and as hereinafter amended from time to
time and shall be given the same force and effect as if set
forth herein in full. (Ord. 4949 § 1 (part), 2005)
7.15-1 (Revised 12/05)
Bremerton Municipal Code 7.15.010
Chapter 7.15
INFRACTIONS
Sections:
7.15.010 INFRACTIONS.
7.15.020 INFRACTION PENALTY.
7.15.030 INFRACTION PROCEDURE.
7.15.040 ENFORCEMENT BY CIVIL
ACTION.
7.15.050 UNLAWFUL - VIOLATIONS
AND PENALTIES.
7.15.010 INFRACTIONS.
The following are declared to be Class 1 civil
infractions:
(a) Animal at Large. For the owner of a pet or live-
stock to suffer or permit such animal to leave the pre-
mises of the owner, unless the animal is under physical
restraint adequate to the size and nature of the animal or
is sufficiently near its owner to be under its owner’s
direct control and is obedient to its owner’s commands,
except that all dogs must be leashed when not on the
premises of the owner. Exceptions to this restriction are
pets engaged in formal training, or competition, or ser-
vice dogs engaged in an activity for which they are
trained or in service;
(b) Animal in Heat. For the owner of a pet in heat
to keep such an animal where it is accessible to male
animals unless such accessibility is for the purpose of
planned breeding;
(c) Animal Noise. For any person(s) to own any
animal which by its barking, howling, baying, squeal-
ing, crowing, crying, bleating, screeching, or making
any other noise which by its volume or frequency unrea-
sonably disturbs or interferes with the peace of any per-
son(s) for more than fifteen (15) minutes in any one (1)
hour period of any day, and is documented by three (3)
or more separate episodes of such noise in a sequential
seven (7) day period. The burden is upon the owner of
such animal(s) to maintain quiet. Exceptions to this sub-
section are commercial pet facilities, animal welfare
facilities, veterinary hospitals, or grooming parlors oth-
erwise in compliance with the Bremerton Municipal
Code including, but not limited to, BMC 7.08.030, or
those who can substantiate that such animal noise was
caused by an injury or illness of the animal(s) or by will-
ful trespass, torment, or abuse of the animal(s) on its
property by others.
Enforcement may be undertaken only upon written
receipt of a complaint made to either the animal control
authority or law enforcement by a person(s) residing at
or who is employed in an area affected by such public
noise disturbance. Any such animal(s) shall be deemed
a nuisance and may be seized and impounded, pursuant
to BMC 7.10.010(a), if the disturbance reoccurs after
the owner or custodian of such animal(s) has received
two (2) written warnings from either the animal control
authority or law enforcement within a calendar year;
(d) Damaging Property. For the owner of a pet or
livestock to suffer or permit the animal to leave the pre-
mises of the owner and thereafter cause damage to any
thing of value or any other pet or livestock;
(e) Disturbing Pedestrians. For the owner of a pet
or livestock, when off the property of the owner, to suf-
fer or permit the animal to disturb people lawfully on
public ways. For the purposes of this section, "disturb"
shall mean to chase or approach a person upon the
streets, sidewalks, or any other public grounds or private
property in a menacing fashion or apparent attitude of
attack;
(f) Chasing Vehicles. For the owner of a pet or
livestock to suffer or permit the animal to chase or run
at or after vehicles lawfully on public ways;
(g) Reporting and Releasing Stray Animals. For
any person to fail to notify the animal control authority
that a stray pet or livestock is in the person’s possession,
or to refuse to release such stray animal to the animal
control authority upon demand;
(h) Releasing Animal. For any person except the
owner or other authorized person to release any pet or
livestock from confinement;
(i) Excess Number of Animals. To own more than
a total of four (4) household pets as provided in BMC
7.08.010(f) at the same place or residence without a
valid commercial pet facility or animal welfare facility
license;
(j) Failure to License. To fail to license a cat or
dog as required by BMC 7.08.010(a);
(k) Animal Bites. To own a pet or livestock that
bites a person while such person is on public property or
lawfully on private property;
(l) Agitating an Animal. To intentionally agitate,
harass, or provoke a pet or livestock except that a person
may take reasonable steps, not causing undue pain or
suffering, to remove unwanted animals from their prop-
erty;
(m) Failing to Notify Animal Control Authority of
Change of Ownership, Custody, and/or Residence. For
any owner of an animal that has been declared danger-
ous or potentially dangerous to sell, barter, or otherwise
transfer the ownership, custody, or residence of such an
animal without notifying the animal control authority
within fourteen (14) calendar days of the change as
required by BMC 7.12.010(i) or to otherwise fail to
comply with the requirements of that section;
(n) Sale, Barter, or Other Transfer of Pets in Public
Places Prohibited. It is unlawful to sell, barter, or other-
wise transfer for the purpose of changing ownership any
pet in an area open to the public, unless such activity is
(Revised 12/05)7.15-2
7.15.020
pursuant to BMC 7.08.030, or occurs at a sanctioned
dog or cat show;
(o) Transporting a pet or livestock in the open bed
of a pickup truck or other outside part of a vehicle unless
a suitable harness, cage, or enclosure is utilized and
attached so as to protect such animal from falling or
being thrown from the vehicle, and would not by its
design or application cause injury to the animal;
(p) Pets Chasing Livestock. For the owner of a pet
to permit that animal to harass or chase another owner’s
livestock, when not engaged in the specific work of
herding approved by the owner of the livestock;
(q) Animal Waste. For the owner of a pet to fail to
remove deposits of fecal material originating from the
owner’s animal from public or private property unless
the owner of such property has given permission for
such material to be deposited. This shall not authorize
such deposits as are otherwise governed by public health
regulations or other provisions of this code;
(r) Outdoor Feeding. To feed or allow any domes-
tic or wild animals or birds to feed outdoors at such
times and in such numbers that feeding birds or animals
create an unreasonable disturbance or accumulation of
droppings on surrounding properties, including public
property;
(s) Ownership or possession by a person under the
age of eighteen (18) years old of any dangerous or
potentially dangerous animal. (Ord. 4949 § 1 (part),
2005)
7.15.020 INFRACTION PENALTY.
The base penalty for any infraction specified in
BMC 7.15.010 shall be seventy-six dollars ($76.00) for
the first violation, one hundred forty-two dollars
($142.00) for the second infraction committed within
one (1) calendar year, and one hundred ninety-two dol-
lars ($192.00) for the third and subsequent infractions
committed within one (1) calendar year. In addition to
the base penalty, a public safety and educational assess-
ment and any other assessments required by statute shall
be imposed. Each and every day or portion thereof in
which an infraction is committed shall constitute a sep-
arate and distinct infraction. (Ord. 4949 § 1 (part), 2005)
7.15.030 INFRACTION PROCEDURE.
Infractions under this title shall, insofar as possible,
be charged and processed pursuant to justice court traf-
fic infraction rules as now or hereafter amended. (Ord.
4949 § 1 (part), 2005)
7.15.040 ENFORCEMENT BY CIVIL
ACTION.
Any action or inaction by any animal or the owner
or keeper thereof which is contrary to the provisions of
this title, regardless if such constitutes a crime or infrac-
tion hereunder, shall be, and the same are declared to be
unlawful and a public nuisance and compliance with this
title may be enforced by an action for abatement or
injunction brought by an affected citizen or by the pros-
ecuting attorney. (Ord. 4949 § 1 (part), 2005)
7.15.050 UNLAWFUL - VIOLATIONS AND
PENALTIES.
(a) It shall be unlawful:
(1) To fail to respond to a notice of infraction
issued pursuant to this chapter.
(b) Any violation of this chapter as set forth in this
section shall constitute a misdemeanor pursuant to BMC
1.12.020(2). (Ord. 4949 § 1 (part), 2005)
7.16-1 (Revised 12/05)
Bremerton Municipal Code 7.16.030
Chapter 7.16
MISCELLANEOUS PROVISIONS
Sections:
7.16.010 FAILURE TO REPORT
STRIKING OF ANIMAL.
7.16.020 OBSTRUCTING ANIMAL
CONTROL AUTHORITY.
7.16.030 HABITUAL VIOLATORS.
7.16.010 FAILURE TO REPORT STRIKING
OF ANIMAL.
Any person who fails to report the striking of an
animal with a vehicle to the animal control authority or
law enforcement shall be guilty of a misdemeanor pur-
suant to BMC 1.12.020(2); provided, that no person
shall be held liable for the injury or death of an animal
under this section unless found to have committed a
crime pursuant to the provisions of Chapter 16.52 RCW
or this section. (Ord. 4949 § 1 (part), 2005)
7.16.020 OBSTRUCTING ANIMAL
CONTROL AUTHORITY.
Any person who willfully hinders, delays, or other-
wise obstructs any animal control authority employee in
the discharge of the employee’s official powers or duties
shall be guilty of a gross misdemeanor pursuant to BMC
1.12.020(1). (Ord. 4949 § 1 (part), 2005)
7.16.030 HABITUAL VIOLATORS.
(a) Habitual Violators. Any owner receiving any
combination of four (4) or more:
(1) Convictions, singularly or in combination,
of crimes relating to animals within a five (5) year
period; and/or
(2) Infractions under this title, singularly or in
combination, pursuant to BMC 7.15.010 found to be
committed by the municipal court within a five (5) year
period shall be guilty of a gross misdemeanor pursuant
to BMC 1.12.020(1) for each additional act constituting
a crime or infraction under this title. (Ord. 4949 § 1
(part), 2005)
(Revised 12/05)
Title 20
LAND USE*
Chapters:
Division I. Permitting
20.02 PROJECT PERMITS
20.04 STATE ENVIRONMENTAL POLICY ACT
Division II. Land Development
20.10 COMPREHENSIVE PLAN AMENDMENTS
20.12 SHORT SUBDIVISIONS AND PLATS
20.14 CRITICAL AREAS
20.16 SHORELINE DEVELOPMENT
20.18 TEXT AMENDMENTS
Division III. Zoning
20.40 ADMINISTRATION
20.42 DEFINITIONS
20.44 GENERAL DEVELOPMENT STANDARDS
20.46 SPECIAL DEVELOPMENT STANDARDS
20.48 OFF-STREET PARKING REQUIREMENTS
20.50 LANDSCAPING REQUIREMENTS
20.52 SIGN STANDARDS
20.54 NONCONFORMING PROVISIONS
20.58 LAND USE PERMITS
20.60 LOW DENSITY RESIDENTIAL (R-10)
20.62 COMMERCIAL CORRIDOR (CC)
20.64 WHEATON WAY REDEVELOPMENT CORRIDOR
(WWRC)
20.66 NEIGHBORHOOD CENTER CORE (NCC)
20.70 DISTRICT CENTER CORE (DCC)
20.74 BUSINESS CORE (BC)
20.75 DOWNTOWN CORE
20.76 DOWNTOWN WATERFRONT
20.78 CITY CORE RESIDENTIAL (CCR)
20.79 MULTIPLE RESIDENTIAL (MR)
20.80 MASTER DEVELOPMENT (MD)
20.82 NEIGHBORHOOD BUSINESS ZONE (NB)
20.84 LIMITED COMMERCIAL ZONE (LC)
20.86 FREEWAY CORRIDOR ZONE (FC)
* Code reviser’s note: Ord. 4950 § 1 provides as follows: "Title 20 of the Bremerton Municipal Code entitled "Subdivisions" is hereby recodified as
Title 20, "Land Use," consisting of three parts: Division I entitled "Permitting," consisting of Chapters 20.02 and 20.04; Division II entitled "Land
Development," consisting of Chapters 20.10 through 20.18; and Division III entitled "Zoning," consisting of Chapters 20.40 through 20.98."
(Revised 12/05)
20.88 MARINE INDUSTRIAL (MI)
20.90 INDUSTRIAL PARK (IP)
20.92 EMPLOYMENT CENTER (EC)
20.94 INDUSTRIAL (I)
20.96 CITY UTILITY LANDS (CUL)
20.97 WATERSHED (WS)
20.98 INSTITUTIONAL (INST)
ZONING MAPS
20.02-1 (Revised 12/05)
Bremerton Municipal Code 20.02.020
Division I. Permitting
Chapter 20.02
PROJECT PERMITS
Sections:
20.02.010 PURPOSE AND INTENT.
20.02.020 DEFINITIONS.
20.02.030 GENERAL PROVISIONS.
20.02.040 PROJECT PERMIT
PROCESSING PROCEDURES.
20.02.050 SUBMISSION
REQUIREMENTS.
20.02.060 VESTING.
20.02.070 OPTIONAL CONSOLIDATED
PERMITTING PROCESS.
20.02.080 PREAPPLICATION
CONFERENCE.
20.02.090 DETERMINATION OF
COMPLETENESS.
20.02.100 NOTICE OF APPLICATION.
20.02.110 NOTICE OF HEARING.
20.02.120 JOINT PUBLIC HEARING.
20.02.130 NOTICE OF DECISION.
20.02.140 APPEALS.
20.02.150 DEVELOPMENT AGREEMENT
REVIEW PROCEDURES.
20.02.160 PLANNED ACTIONS.
20.02.010 PURPOSE AND INTENT.
(a) Fundamental land use planning choices made
in adopted Comprehensive Plans and development reg-
ulations shall serve as the foundation for project review.
This chapter establishes how the City of Bremerton will
process applications for project permits.
(b) These procedures provide for an effective pro-
cessing and review of permits consistent with Chapter
36.70B RCW. This chapter is applied in conjunction
with Chapter 2.13 BMC (Administrative Hearing
Examiner); Chapter 17.04 BMC (City Building Code);
Chapter 20.04 BMC (State Environmental Policy Act);
Chapter 20.12 BMC (Short Subdivisions and Plats);
BMC Title 20, Division III; the Bremerton Shoreline
Master Program; Chapter 20.14 BMC (Critical Areas);
and other applicable codes making reference to this
chapter. (Ord. 4938 § 3 (part), 2005)
20.02.020 DEFINITIONS.
Unless the context clearly requires otherwise, the
definitions in this section apply throughout this chapter.
"City" means the City of Bremerton.
"Closed-record appeal" means an administrative
appeal on the record on a project permit application fol-
lowing an open-record hearing with no or limited new
evidence or information allowed to be submitted and
only appeal argument allowed.
"Days" means calendar days.
"Department" means Department of Community
Development.
"Director" means the Director of the Department of
Community Development of the City of Bremerton or
his/her designee.
"Hearing body" means the City Council, Hearing
Examiner or any other body designated by the City
Council to preside over an open-record hearing or
closed-record appeal.
"Hearing examiner" means the Administrative
Hearing Examiner pursuant to Chapter 2.13 BMC.
"Open-record appeal hearing" means an open-
record hearing held on an appeal when no open-record
predecision hearing has been held on the project permit
application.
"Open-record hearing" means a hearing that creates
the city’s record through testimony and submission of
evidence and information, under procedures prescribed
by the city by ordinance or resolution. An open-record
hearing held prior to the city’s decision shall be known
as an "open-record predecision hearing."
"Parties of record" means:
(1) The applicant;
(2) The property tax payer as identified by the
records available from the Kitsap County Assessor’s
Office;
(3) Any person who testified at the open-
record public hearing on the application; and/or
(4) Any person who submitted written com-
ments during administrative review or has submitted
written comments concerning the application at the
open-record public hearing (excluding persons who
have only signed petitions or mechanically produced
form letters).
"Project permit" or "project permit application"
means any land use or environmental permit or license
required from the city of Bremerton for a project action,
including but not limited to building permits, site devel-
opment permits, land use preparation permits, subdivi-
sions, binding site plans, planned unit developments,
conditional uses, shoreline substantial development per-
mits, development plan review, site-specific rezones
authorized by the Comprehensive Plan, but excluding
adoption or amendment of the Comprehensive Plan and
development regulations, zoning of newly annexed
land, area-wide rezones, and zoning map amendments
except as otherwise specifically included in this subsec-
tion.
(Revised 12/05)20.02-2
20.02.030
"Public meeting" means an informal meeting, hear-
ing, workshop, or other public gathering of persons to
obtain comments from the public or other agencies on a
proposed project permit prior to the city’s decision. A
public meeting may include, but is not limited to, a
design review meeting, a special committee meeting,
such as the short subdivision committee, or a scoping
meeting on a draft environmental impact statement. A
public meeting does not include an open-record hearing.
The proceedings at a public meeting may be recorded
and a report or recommendation may be included in the
city’s project permit application file.
"SEPA" means the State Environmental Policy Act
and includes the provisions of Chapter 43.21C RCW,
Chapter 197-11 WAC and Chapter 20.04 BMC. (Ord.
4938 § 3 (part), 2005)
20.02.030 GENERAL PROVISIONS.
(a) General Exemptions. The following permits or
approvals are exempt from the procedures set forth in
this chapter:
(1) Landmark designations;
(2) Street vacations;
(3) Right-of-way/street use permits;
(4) Permits or approvals relating to the use of
public areas or facilities;
(5) Permits or approvals involving the loca-
tion or development of essential public facilities or util-
ities;
(6) Project permits not listed in this chapter
which are categorically exempt from SEPA;
(7) Legislative actions such as the adoption of
or amendments to the Comprehensive Plan, subarea
plans, area-wide map amendments, and development
regulations.
(b) Applicable Procedures. The Director shall
determine the proper procedure for the processing of
each project permit application pursuant to the provi-
sions of this chapter. Disputes shall be resolved in favor
of the higher category. Type I is considered the lowest
and Type IV is the highest.
(c) Standard Consistency. The City reviews pro-
posals for consistency to applicable development regu-
lations and the Comprehensive Plan. This determination
includes consideration of the following:
(1) The type of land use permitted, including
uses that may be permitted under certain circumstances,
provided the criteria for their approval is satisfied;
(2) The density of development allowed such
as units per acre or other measures of density;
(3) Availability and adequacy of infrastruc-
ture, which includes public facilities and services iden-
tified in the Comprehensive Plan; and
(4) Characteristics of the development such as
development design standards.
(d) Standard of Review. The land use regulations
in effect on the date an application is vested will be the
standard of review.
(e) Conflict with Other Regulations. When any
provisions of this chapter conflict with provisions of
other City regulations, ordinances or resolutions, the
more restrictive shall apply.
(f) Severability. If any part or provision of this
chapter or the application of these regulations to any
person or circumstances is adjudged invalid by any
court of competent jurisdiction, the judgment shall be
confined in its operations to the part, provision, or appli-
cation directly involved in the controversy in which the
judgment shall be rendered and it shall not affect or
impair the validity of the remainder of these regulations
or the application of them to other persons or circum-
stances.
(g) General Notice Requirements. The available
records of the Kitsap County Assessor’s Office shall be
used to determine the property tax payer of record. All
notices shall be deemed to have been provided or
received on the date the notice is deposited in the mail
or personally delivered, whichever occurs first. Failure
to provide the public notice as described in this chapter
shall not be grounds for invalidation of a decision on a
permit.
(h) Optional Public Notice. In addition to required
public notice, the City may provide notice to other indi-
viduals or organizations interested or possibly affected
by the proposal. Failure to provide optional public
notice shall not be grounds for invalidation of a decision
on a permit. (Ord. 4938 § 3 (part), 2005)
20.02.040 PROJECT PERMIT PROCESSING
PROCEDURES.
Project permit applications are categorized as Type
I, Type II, Type III or Type IV project permits. Permit
processing procedures may include determination of
completeness, notice of application, notice of public
hearing and notice of decision. Applicable procedures
for the processing of permits are pursuant to the follow-
ing provisions:
(a) Type I Project Permits. These are administra-
tive decisions by the Director who may approve, condi-
tionally approve or deny the application. They include
permits categorically exempt from SEPA review or that
have had SEPA review completed in connection with
another application or permit. Type I project permit pro-
cessing procedures are set forth in Table 040 following
this chapter.
(b) Type II Project Permit. These are administra-
tive decisions by the Director with limited public notice.
The Director has the authority to approve, conditionally
approve or deny the application. Type II project permit
processing procedures are set forth in Table 040 follow-
ing this chapter.
20.02-3 (Revised 12/05)
Bremerton Municipal Code 20.02.080
(c) Type III Project Permit. These are Hearing
Examiner decisions. The Hearing Examiner may
approve, conditionally approve, or deny the application.
Type III project permit processing procedures are set
forth in Table 040 following this chapter.
(d) Type IV Project Permit. These are decisions by
the City Council after a closed-record hearing. The City
Council may approve, conditionally approve, modify
and approve or deny the application. Type IV project
permit processing procedures are set forth in Table 040
following this chapter. (Ord. 4938 § 3 (part), 2005)
20.02.050 SUBMISSION REQUIREMENTS.
(a) Preconference Meeting. Type II, III and IV
project permits require a preconference meeting before
an application is submitted. Anyone choosing the con-
solidated permit process set forth in BMC 20.02.070
also requires a preconference meeting.
(b) Application Contents. An application submit-
ted to the department shall be on forms, number of
forms, and in a manner determined by the Director.
Unless specified otherwise, an application shall at least
include the following:
(1) A completed application form;
(2) A legal description of the property and
associated tax account number;
(3) A vicinity map showing the location of the
property including surrounding major streets, shorelines
and other reference points;
(4) A site plan when physical changes will
result from approval of the application;
(5) When required, mailing labels containing
the names and addresses of all owners of record of par-
cels within the notification radius;
(6) The names, addresses, and phone numbers
of the applicant and all owners of the property, along
with a signed letter or other verification of the owner(s)
consent to the application;
(7) When required, SEPA checklist and/or
other environmental documentation;
(8) Additional information required by the
Director to support a decision on the application(s);
(9) The application fee(s) for the permit(s)
requested as set forth in Chapter 3.01 BMC or by other
applicable rule or regulation. (Ord. 4938 § 3 (part),
2005)
20.02.060 VESTING.
A project permit application shall vest in the land
use regulations in effect on the land at the time of sub-
mission of a completed project permit application as
defined herein and all application fees are paid. (Ord.
4938 § 3 (part), 2005)
20.02.070 OPTIONAL CONSOLIDATED
PERMITTING PROCESS.
(a) An application which involves two (2) or more
permits or procedures may have the processes consoli-
dated under the highest project permit classification and
procedures. The applicant shall request if they want
their permit processes consolidated or if they want each
permit processed individually.
(b) If a project involving two (2) or more permits
has the permits processed individually, the highest
project permit classification and procedures shall be
finalized before subsequent permits can be issued. The
Director may waive this requirement for permits not
dependent on the higher classification of permit for their
justification or implementation.
(c) A single open-record hearing and no more than
one closed-record appeal shall be provided on a consol-
idated review process. The consolidated process may
combine an open-record hearing on one or more permits
with an open-record appeal hearing on the other permits.
(Ord. 4938 § 3 (part), 2005)
20.02.080 PREAPPLICATION
CONFERENCE.
(a) Purpose. The purpose of the preapplication
conference is to acquaint the applicant with the review
procedures and applicable Bremerton Municipal Code
provisions to the proposal. Only one (1) meeting is
required for all project permit applications related to the
same project action.
(b) Waiver. The Director may waive the require-
ment for a preapplication conference when a proposal is
determined not to be of a size and complexity to require
a detailed analysis.
(c) Submission. Preapplication conferences may
be held at any time before an application is submitted. A
completed form and related information in sufficient
number of copies as determined by the Director are
required. The information does not need to meet the sub-
mission requirement set forth in BMC 20.02.050(b).
(d) Timeline. The City shall hold the preapplica-
tion conference within thirty (30) days of the receipt of
a completed request, unless the applicant agrees to an
extension of this time in writing.
(e) Nonbinding. The preapplication conference is
not intended to be an exhaustive review of all potential
issues and the discussions shall not be binding or pro-
hibit the enforcement of applicable laws. Failure to pro-
vide all pertinent information may prevent the city from
identifying all of the issues or providing the most effec-
tive preapplication conference.
(f) Lapse of Time. If a time lapse of more than one
(1) year occurs between a preapplication conference and
the submission for permits, or if the Director determines
the scope of the project has changed significantly from
(Revised 12/05)20.02-4
20.02.090
the preapplication conference, a new conference may be
required. (Ord. 4938 § 3 (part), 2005)
20.02.090 DETERMINATION OF
COMPLETENESS.
When review procedures require a determination of
completeness, the following shall apply:
(a) Determination. Within twenty-eight (28) days
of accepting the application, the department shall pro-
vide a written determination to the applicant, stating
that:
(1) The application is complete; or
(2) The application is incomplete and what is
necessary to make the application complete.
To the extent known, the City shall identify other
agencies of local, state or federal governments that may
have jurisdiction over some aspect of the application.
(b) Failure to Notify. Failure to provide a written
determination within the required time shall automati-
cally deem the application incomplete.
(c) Processing. A complete application meets the
submission requirements set forth in BMC 20.02.050(b)
and is sufficient for continued processing. The determi-
nation of completeness shall not preclude the City from
requesting additional information or studies either at the
time of the notice or subsequently if new information is
required or substantial changes in the proposed action
occur.
(d) Incomplete Application. An incomplete appli-
cation shall have ninety (90) days from the date of the
written determination in subsection (a)(2) of this section
for the necessary information to be submitted. If the
applicant either refuses in writing or does not submit the
required information within the time limits, the applica-
tion shall lapse.
(e) Review of Additional Information. When addi-
tional information for an incomplete application is
received, the City shall notify the applicant within four-
teen (14) days of receipt of the additional information
whether the application is complete or what additional
information is necessary.
(f) Review Timeline. Following the date an appli-
cation is determined complete, the date shall be noted
and the one hundred twenty (120) day official review
period to render a decision shall begin. (Ord. 4938 § 3
(part), 2005)
20.02.100 NOTICE OF APPLICATION.
When review procedures require a notice of appli-
cation, the following shall apply:
(a) Timeline. The notice shall be provided within
fourteen (14) days after the determination of complete-
ness is issued.
(b) Content. The notice of application shall
include the following:
(1) The file number assigned;
(2) The date of application, date of the notice
of completeness, and the date of the notice of applica-
tion;
(3) A description of the proposed project
action and a list of permits included with the application
and, if applicable, a list of requested studies;
(4) Identification of known permits not
included with the application;
(5) Identification of existing environmental
documents that evaluate the proposal;
(6) The location where the application and
any studies can be reviewed;
(7) A statement of the public comment period
and which shall not be less than fourteen (14) or more
than thirty (30) days;
(8) A statement of the rights of any person to
comment on the application, receive notice of and par-
ticipate in any hearings, request a copy of the decision
and any appeal rights;
(9) Any other information determined appro-
priate by the city.
(c) Legal Notice. Notice shall be provided in the
following manner as applicable:
(1) Mail. The notice shall be sent by first class
or higher mail to the following:
(i) The applicant;
(ii) Affected city departments;
(iii) State, federal and local agencies with
jurisdiction; and
(iv) Any person who requests such notice
in writing to the Department.
(2) Posting of the Property. Notice shall be
posted according to the following:
(i) At least one (1) location on or adja-
cent to the subject property and that shall be clearly vis-
ible and legible from an adjacent street or public area;
(ii) The Director shall determine the
specifications to the construction and installation of the
notice boards.
(3) Publishing Notice. A published notice in
the City’s official newspaper of general circulation
within the City boundaries is required. The content shall
include the following:
(i) Project location;
(ii) Project description;
(iii) Type of permit(s) required;
(iv) Comment period and dates;
(v) Location where the complete applica-
tion may be viewed.
(d) Integration of Notices. The City will integrate
the notice of application with SEPA review whenever
possible. Notification for a notice of application should
be combined with the notification for threshold determi-
20.02-5 (Revised 12/05)
Bremerton Municipal Code 20.02.110
nation and the scoping for a determination of signifi-
cance whenever possible.
(e) Issuance of Decisions. Except for a threshold
determination, the City may not issue a decision or a
recommendation on a permit until the expiration of the
public comment period.
(f) Public Comments. Comments shall be as spe-
cific as possible. Comments shall be received by the last
day of the comment period specified in the notice. If no
comments are received by the date specified in the
notice from an affected city department or agency with
jurisdiction, which notification was sent to, then it is
presumed that the department or agency has no com-
ments. (Ord. 4938 § 3 (part), 2005)
20.02.110 NOTICE OF HEARING.
When review procedures require a notice of hear-
ing, the following shall apply:
(a) Notice Integration. A notice of hearing is
required for public hearings. A notice of hearing may be
integrated with the notice of application.
(b) Notice Content. A written notice of hearing
shall contain the following information:
(1) The name of the applicant or designated
contact;
(2) A description of the affected property (not
including any legal description);
(3) Project summary/description of each
project permit application;
(4) The application/project file number;
(5) The date, time and place of the hearing;
(6) A statement that all interested persons
may appear and provide testimony;
(7) A statement where information may be
examined or obtained and the staff contact and phone
number;
(8) A statement how written testimony or
comments may be submitted;
(9) The SEPA threshold determination along
with any appropriate statement regarding any shared or
divided lead agency status and phased review, and stat-
ing the end of any final comment period;
(10)The deadline (date, time and place) for
submitting a SEPA appeal;
(11)A statement regarding any administrative
appeal process including SEPA appeal.
(c) Appeal Notification. Notification for a hearing
on an open-record or closed-record appeal shall be pro-
vided in the following manner:
(1) Mail. The notice shall be sent by first class
mail or higher to the following:
(i) The applicant/appellant;
(ii) Parties of record;
(iii) Affected agencies;
(iv) Parties requesting notice; and
(v) Other persons whom the department
believes may be affected by the action.
(d) Project Permit Notification. Notification for a
hearing on a project permit shall be provided in the fol-
lowing manner as applicable:
(1) Mail. The notice shall be sent by first class
mail or higher to the following:
(i) The applicant;
(ii) All property owners of real property
(as shown by the records of the Kitsap County Asses-
sor’s Office) within three hundred (300) feet of the sub-
ject property; and
(iii) Any person providing a written
request to the Department.
(iv) Where any portion of a property abut-
ting the subject property is owned, controlled, or under
the option of purchase by the applicant, all property
owners within a three-hundred (300) foot radius of the
total ownership interest shall be notified by mail as ref-
erenced above.
(2) Preliminary Plat. When adjacent to the
right-of-way of a state highway, or within two (2) miles
of the boundary of a state or municipal airport, mailed
notice shall be given to the Secretary of Transportation,
who has fifteen (15) days to respond.
(3) Posting of the Property. The notice shall
be posted in the same manner and location(s) as the
notice of application set forth in BMC 20.02.100(c)(2).
(4) Publishing Notice. A published legal
notice in the City’s official newspaper of general circu-
lation within the City boundaries is required. The con-
tent of the published notice shall include the following
information:
(i) Project location;
(ii) Project description;
(iii) Type of permit(s) required;
(iv) Comment period and dates;
(v) Location where the complete applica-
tion may be viewed.
(e) Notice Deadlines. Notice shall be given at least
ten (10) days before the hearing date except:
(1) Shoreline permits pursuant to WAC 173-
27-110(3) shall be given at least fifteen (15) days.
(2) An integrated notice of hearing and notice
of application shall be given at least fifteen (15) days.
(3) An integrated notice of hearing and notice
of a SEPA threshold determination shall be given at
least fifteen (15) days.
(f) Continuation of Hearing. Continued hearings
do not require additional notices of hearing.
(g) Additional Procedures. In addition to the pro-
cedures contained in this chapter, the Department may
develop general procedures for notification, including
mailing packets and the format of the notice and an affi-
(Revised 12/05)20.02-6
20.02.120
davit of posting/mailing form to be filled out by the
party doing notice. (Ord. 4938 § 3 (part), 2005)
20.02.120 JOINT PUBLIC HEARING.
A hearing on a project permit application may be
combined with any other hearing on the action held by
another local, state, regional, federal, or other agency
pursuant to RCW 36.70B.110 as currently enacted or
hereinafter amended. (Ord. 4938 § 3 (part), 2005)
20.02.130 NOTICE OF DECISION.
The Director, the Hearing Examiner or the City
Council issues a decision at the conclusion of applicable
project permit review. The notice of decision may be
included as part of the decision or project permit.
(a) The city shall provide a notice of decision. The
notice shall include a statement of any threshold deter-
mination made under SEPA and the procedures for
appeal if a consolidated notice was not given under
BMC 20.02.110(e)(3).
(b) Notification. Notification shall be provided in
the following manner as applicable:
(1) Mail. The notice shall be sent by first class
mail or higher to the following:
(i) The applicant;
(ii) Any person who, prior to the render-
ing of the decision, requested notice of the decision in
writing to the Department, or who submitted substantive
comments on the application; and
(iii) Kitsap County Assessor’s Office.
(2) Published Notice. A published notice in
the City’s official newspaper of general circulation
within the City boundaries is required. A shoreline per-
mit may require more than one (1) published notice.
(c) Notice Contents. The notice may include a
copy of the report of decision on the project permit
application; and shall include, when available, the
SEPA threshold determination, the permit decision, the
conditions of approval or where they may be viewed by
the public, and the general procedures and time limits to
file an appeal.
(d) Change of Valuation. The notice shall state that
affected property owners may request a change in valu-
ation for property tax purposes notwithstanding any pro-
gram of revaluation.
(e) Timelines. The notice shall be issued within
one hundred twenty (120) days after the city notifies the
applicant that the application is complete pursuant to
BMC 20.02.090, except as follows:
(1) The Director makes written findings that a
specified amount of additional time is needed for pro-
cessing the application; or
(2) A permit or approval involving the loca-
tion or development of important public facilities or util-
ities, or related to the use of public areas or facilities, for
public purposes may be excluded from the one hundred
twenty (120) day time limit upon a determination of the
Director that special circumstances warrant a longer
process.
(f) Extension of Timelines. If the city is unable to
issue its final decision on a project permit application
within the time limits provided for in this chapter, it
shall provide written notice of this fact to the parties of
record. The notice shall include a statement of reasons
why the time limits were not met, and an estimated date
for issuance of the notice of decision.
(g) Timeline Exclusion. The one hundred twenty
(120) day time limit shall exclude any of the following:
(1) Any period an applicant takes to provide
additional information, perform studies or provide cor-
rected plans requested by the City.
(2) Any period where the City determines that
submitted information is insufficient or incorrect, and
has requested the applicant provide the necessary infor-
mation.
(3) Any period an environmental impact
statement (EIS) is being prepared including scoping and
preparing the draft and final EIS.
(4) Any period for administrative appeals and
any period for reconsideration of decisions of the Hear-
ing Examiner made on project permit applications. The
period for consideration and decision on appeals shall
not exceed:
(i) Ninety (90) days for an open-record
appeal hearing; or
(ii) Sixty (60) days for a closed-record
appeal.
(iii) The parties may agree to extend these
periods.
(5) Any extension of time mutually agreed
upon by the applicant and the City.
(6) All excluded periods are calculated from
the date the city notifies the applicant to when the infor-
mation satisfies the City’s requirement.
(7) When the applicant submits the requested
information, the City shall have fourteen (14) days to
determine if it is satisfactory. If the information is not
satisfactory, but the City fails to notify the applicant
within the time limit, the information shall be deemed
satisfactory.
(8) The time limits established in this section
do not apply if a project permit application:
(i) Requires an amendment to the Com-
prehensive Plan or a development regulation; or
(ii) Requires approval of the location of
an essential public facility as provided in RCW
36.70A.200; or
(iii) Is substantially revised by the appli-
cant, in which case the period shall start from the date at
20.02-7 (Revised 12/05)
Bremerton Municipal Code 20.02.150
which the revised project application is determined to be
complete.
(h) Liability. The city is not liable for damages due
to the city’s failure to make a final decision within the
time limits established in this chapter. (Ord. 4938 § 3
(part), 2005)
20.02.140 APPEALS.
(a) General.
(1) Those land use and development decisions
that are subject to appeal shall become final unless an
appeal is filed within the designated time to file an
appeal.
(2) The appellant shall bear the burden of
proving the administrative decision was not supported
by substantial evidence.
(3) Appeal of Type I or Type II project permit
final decisions shall be to the Hearing Examiner.
Appeals shall be filed within fourteen (14) days follow-
ing the issuance of the notice of decision. A decision
involving a SEPA determination of nonsignificance
which required public comments shall have the appeal
period extended an additional seven (7) days.
(4) Administrative appeal of a SEPA thresh-
old determination is to the Hearing Examiner pursuant
to Chapter 20.04 BMC and subsection (a)(3) of this sec-
tion.
(5) Appeal of Type III or Type IV project per-
mit final decisions shall be to Kitsap County Superior
Court pursuant to Chapter 36.70C RCW. Appeals shall
be filed within twenty-one (21) days following the issu-
ance of the notice of decision.
(6) Final decision relating to the Bremerton
Shoreline Master Program may be appealed as follows:
(i) Director decisions and Type II shore-
line permits may be appealed to the Hearing Examiner
pursuant to subsection (a)(3) of this section or may be
appealed directly to the Shoreline Hearings Board pur-
suant to RCW 90.58.180.
(ii) Hearing Examiner decisions may be
appealed to the Shoreline Hearings Board by filing a
petition for review within twenty-one (21) days of the
date of filing pursuant to RCW 90.58.140(6).
(b) Standing to Appeal. Only parties of record with
standing may initiate an appeal. Standing constitutes the
following:
(1) For Type I project permits, only the appli-
cant has standing.
(2) For project permits not Type I, the follow-
ing have standing:
(i) Applicant;
(ii) Anyone who participates in the public
hearing; or
(iii) Anyone who submits written com-
ments in response to a legal notice within the required
time limits.
(c) Filing an Appeal. Administrative appeals are
filed by submitting a form provided by the Department.
The appeal must be received by 5:00 p.m. on the last day
of the appeal period. Appeals may be mailed, faxed or
delivered to the Department.
(d) Timing of Decisions.
(1) An open-record appeal shall be decided
within ninety (90) days from the date the complete
appeal was filed.
(2) Should an occasion arise that would
require a closed-record appeal hearing, such an appeal
shall be decided within sixty (60) days.
(e) Computation of Time. For purposes of com-
puting the time for filing an appeal, the day the decision
is rendered shall not be included. The last day of the
appeal period shall be included unless it is a Saturday,
Sunday, a day designated by RCW 1.16.050 or by the
City’s ordinances as a legal holiday, then it also is
excluded and the filing must be completed on the next
business day.
(f) Content of Appeal. An administrative appeal
shall not be accepted unless it is written, accompanied
by the required appeal fee, and contains at least the fol-
lowing information:
(1) Appellant’s name, address and phone
number;
(2) Appellant’s statement describing his or
her standing, as a party of record, to appeal;
(3) Identification of the application which is
the subject of the appeal;
(4) Statement of grounds for appeal and the
facts upon which the appeal is based;
(5) Statement of the relief sought, including
the specific nature and extent; and
(6) A statement that the appellant has read the
appeal and believes the contents to be true, followed by
the appellant’s signature.
(g) Effect. The timely filing of an administrative
appeal shall stay the effective date of the decision until
the appeal is either decided or withdrawn.
(h) Notice of Appeal. The Director shall provide
public notice of the appeal as provided in BMC
20.02.110(c). (Ord. 4938 § 3 (part), 2005)
20.02.150 DEVELOPMENT AGREEMENT
REVIEW PROCEDURES.
(a) The City may enter into a development agree-
ment with a person having ownership or control of real
property within its jurisdiction or outside its boundaries
as part of a proposed annexation or a service agreement.
A development agreement sets forth the development
standards and other provisions that shall apply to and
(Revised 12/05)20.02-8
20.02.160
govern and vest the development, use, and mitigation of
the development of the real property for the duration
specified in the agreement.
(b) A determination of completeness, notice of
hearing and a notice of decision are required pursuant to
the provisions of this chapter. The one hundred twenty
(120) day time limit for the notice of decision shall not
apply to a development agreement.
(c) When a request for a development agreement
is consolidated with a Type III or IV project permit, the
public hearing shall be consolidated with the open-
record hearing on the permit before the Hearing Exam-
iner. The Hearing Examiner shall make a recommenda-
tion to the City Council on the development agreement
and approval of the project permit shall be conditioned
on City Council approval of the development permit.
(d) The City Council may approve a development
agreement by ordinance or resolution only. (Ord. 4938
§ 3 (part), 2005)
20.02.160 PLANNED ACTIONS.
A planned action is defined in WAC 197-11-164 as
one or more types of project action that has had signifi-
cant environmental impacts adequately addressed in an
environmental impact statement (EIS) prepared in con-
junction with the Comprehensive Plan, subarea plan,
fully contained community, a master planned resort, a
master planned development or a phased project.
(a) A project action addressed in a planned action
does not require an environmental checklist or threshold
determination, but may require the checklist for review
to mitigate environmental impacts through the site plan
review process.
(b) To qualify, a project action shall:
(1) Be subsequent to or implementing
projects in a Comprehensive Plan, subarea plan, fully
contained community, a master planned resort, a master
planned development or a phased project;
(2) Be located within the City’s adopted urban
growth areas;
(3) Be consistent with the Comprehensive
Plan;
(4) Not be an essential public facility, as
defined in RCW 36.70A.200.
(c) The City Council shall designate and approve
by ordinance a planned action. The ordinance:
(1) Shall describe the type(s) of project action
being designated as a planned action;
(2) Shall describe how the planned action
meets the criteria in subsection (b) of this section,
including specific references to the EIS;
(3) Shall include findings that the environ-
mental impacts have been identified and adequately
addressed in the EIS, subject to project review under
WAC 197-11-172;
(4) Should identify any specific mitigation
measures other than applicable development regulations
that must be applied to a project for it to qualify as a
planned action.
(d) The planned action may be limited to certain
types of development, to specific geographical areas of
the City, and/or a time period identified in the EIS, plan,
ordinance or resolution.
(e) Review of a project proposed as a planned
action is intended to be simpler and more focused than
for other projects. Review of the project shall include:
(1) Verification that it meets the description
and implements any applicable conditions or mitigation
measures identified in the designating ordinance or res-
olution;
(2) Verification that the proposed significant
adverse environmental impacts of the project have been
adequately addressed in the EIS.
(f) Nothing in this section limits the City from
using applicable law to place conditions on the project
in order to mitigate nonsignificant impacts through nor-
mal project review and permitting processes. (Ord. 4938
§ 3 (part), 2005)
Table 040 Project Permit Processing Procedures
TYPE I DIRECTOR DECISIONS
Application Type
Determination
of Completeness
Notice of
Application
Notice of
Hearing
Notice of
Decision
(1) Administrative determination/code interpretation No No No No
(2) Alternative setback approval No No No No
(3) Boundary line adjustment No No No No
(4) Building and other construction permits Yes No No No
(5) Clearing less than two (2) acres of forest No No No No
(6) Demolition permit (exempt from SEPA) No No No No
20.02-9 (Revised 12/05)
Bremerton Municipal Code 20.02.160
* Applicable to site plan review that is independent of and not part of a building or land use application.
** Director’s decision on final PUD plan shall be sent to parties of record.
* Notice of application shall be mailed to property owners within three hundred (300) feet of the subject property and the notice of decision shall be
issued within sixty (60) days.
(7) Final planned unit development No No No No**
(8) Fill and grading permit (exempt from SEPA) No No No No
(9) Home occupation permit No No No No
(10) Landscaping or alternative landscaping plan No No No No
(11) Minor amendment to an approved preliminary plat No No No No
(12) Minor amendment to an approved preliminary PUD No No No No
(13) Minor amendment to other permits not listed No No No No
(14) Nonconforming use determinations No No No No
(15) Type I permit or approval revocation No No No No
(16) Recreational vehicle ninety (90) day permit No No No No
(17) Sign permit No No No No
(18) Site plan review (exempt from SEPA)* Yes No No No
(19) Temporary emergency wetland or stream permits No No No No
TYPE II DIRECTOR DECISIONS
Application Type
Determination of
Completeness
Notice of
Application
Notice of
Hearing
Notice of
Decision
(1) Administrative conditional use permit Yes Yes No Yes
(2) Binding site plan Yes Yes No Yes
(3) Demolition permit (requiring SEPA) Yes Yes No Yes
(4) Fill and grading permit (requiring SEPA) Yes Yes No Yes
(5) Nonconforming administrative continuance* No Yes No Yes
(6) Type II permit or approval revocation No No No No
(7) Site plan review (requiring SEPA) Yes Yes No Yes
(8) Shoreline permit revision Yes Yes No Yes
(9) Shoreline substantial development permit Yes Yes No Yes
(10) Short subdivision Yes Yes No Yes
(11) Wetland or stream assessment Yes Yes No Yes
(12) Wetland or stream development permit Yes Yes No Yes
(13) Building and other construction permits
(requiring SEPA)
Yes Yes No Yes
TYPE III HEARING EXAMINER DECISIONS
Application Type
Determination of
Completeness
Notice of
Application
Notice of
Hearing
Notice of
Decision
(1) Nonadministrative conditional use permit Yes Yes Yes Yes
(2) Major PUD amendment Yes Yes Yes Yes
TYPE I DIRECTOR DECISIONS (Continued)
Application Type
Determination
of Completeness
Notice of
Application
Notice of
Hearing
Notice of
Decision
(Revised 12/05)20.02-10
20.02.160
* The Hearing Examiner holds the open-record hearing and provides a recommendation to the City Council.
** A final subdivision may be decided at a public meeting and it does not require a public hearing.
(Ord. 4938 § 3 (part), 2005)
(3) Major amendment preliminary subdivision Yes Yes Yes Yes
(4) Preliminary PUD Yes Yes Yes Yes
(5) Preliminary subdivision Yes Yes Yes Yes
(6) Senior housing complexes Yes Yes Yes Yes
(7) Shoreline conditional use permit Yes Yes Yes Yes
(8) Shoreline variance Yes Yes Yes Yes
(9) Type III permit approval revocation No No No No
(10) Variance Yes Yes Yes Yes
TYPE IV CITY COUNCIL DECISIONS
Application Type
Determination of
Completeness
Notice of
Application
Notice of
Hearing
Notice of
Decision
(1) Rezone for site-specific property* Yes Yes Yes Yes
(2) Final subdivision** No No No No
(3) Development agreement Yes No No No
(4) Vacation of subdivision Yes Yes Yes Yes
TYPE III HEARING EXAMINER DECISIONS (Continued)
Application Type
Determination of
Completeness
Notice of
Application
Notice of
Hearing
Notice of
Decision
20.04-1 (Revised 12/05)
Bremerton Municipal Code 20.04.030
Chapter 20.04
STATE ENVIRONMENTAL POLICY ACT
Sections:
20.04.010 STATUTORY AUTHORITY.
20.04.020 PURPOSE OF ARTICLE II -
ADOPTION OF WAC
PROVISIONS BY REFERENCE.
20.04.030 ADDITIONAL DEFINITIONS.
20.04.040 RESPONSIBLE OFFICIAL -
DESIGNATION AND
RESPONSIBILITY.
20.04.050 LEAD AGENCY -
DETERMINATION AND
RESPONSIBILITIES.
20.04.060 LEAD AGENCY - TRANSFER
OF STATUS TO A STATE
AGENCY.
20.04.070 TIME LIMITS APPLICABLE
TO THE SEPA PROCESS -
ADDITIONAL
CONSIDERATIONS.
20.04.080 ADDITIONAL TIMING
CONSIDERATIONS.
20.04.090 PURPOSE OF ARTICLE III -
ADOPTION OF WAC
PROVISIONS BY REFERENCE.
20.04.100 USE OF CATEGORICAL
EXEMPTIONS.
20.04.110 ENVIRONMENTAL
CHECKLIST.
20.04.120 MITIGATED DNS.
20.04.130 PURPOSE OF ARTICLE IV -
ADOPTION OF WAC
PROVISIONS BY REFERENCE.
20.04.140 PREPARATION OF EIS -
ADDITIONAL
CONSIDERATIONS.
20.04.150 ADOPTION OF WAC
PROVISIONS BY REFERENCE.
20.04.160 PUBLIC NOTICE
REQUIREMENTS.
20.04.170 DESIGNATION OF OFFICIAL
TO PERFORM CONSULTED
AGENCY RESPONSIBILITIES
FOR THE CITY.
20.04.180 PURPOSE OF ARTICLE VI -
ADOPTION OF WAC
PROVISIONS BY REFERENCE.
20.04.190 PURPOSE OF ARTICLE VII -
ADOPTION OF WAC
PROVISIONS BY REFERENCE.
20.04.200 SUBSTANTIVE AUTHORITY.
20.04.210 APPEALS.
20.04.220 NOTICE OF ACTION -
STATUTE OF LIMITATIONS.
20.04.230 PURPOSE OF ARTICLE VIII -
ADOPTION OF WAC
PROVISIONS BY REFERENCE.
20.04.240 ADOPTION OF WAC
PROVISIONS BY REFERENCE.
20.04.250 PURPOSE OF ARTICLE X -
ADOPTION OF WAC
PROVISIONS BY REFERENCE.
20.04.260 ENVIRONMENTALLY
SENSITIVE AREAS.
20.04.270 FEES.
20.04.280 ADOPTION OF WAC
PROVISIONS BY REFERENCE.
20.04.010 STATUTORY AUTHORITY.
The City adopts the ordinance codified in this chap-
ter under the State Environmental Policy Act (SEPA),
RCW 43.21C.120, and the SEPA Rules, WAC 197-11-
904. This chapter contains the City’s SEPA procedures
and policies. The SEPA Rules, Chapter 197-11 WAC,
must be used in conjunction with this chapter. (Ord.
4950 § 5 (part), 2005: Ord. 3934 Art. 1 § A, 1984)
20.04.020 PURPOSE OF ARTICLE II -
ADOPTION OF WAC PROVISIONS
BY REFERENCE.
This article contains the basic requirements that
apply to the SEPA process. The City adopts the follow-
ing sections of Chapter 197-11 of the Washington
Administrative Code by reference:
WAC 197-11-040 - Definitions.
050 Lead agency.
055 Timing of the SEPA process.
060 Content of environmental review.
070 Limitations on actions during
SEPA process.
080 Incomplete or unavailable
information.
090 Supporting documents.
100 Information required of applicants.
(Ord. 4950 § 5 (part), 2005: Ord. 3934 Art. 2 § A, 1984)
20.04.030 ADDITIONAL DEFINITIONS.
In addition to those definitions contained within
WAC 197-11-700 through 197-11-799, when used in
this chapter the following terms shall have the following
meanings, unless the context indicates otherwise:
(a) "DEIS" means draft environmental impact
statement. See WAC 197-11-405.
(b) "Department" means any division, subdivision
or organizational unit of the City established by ordi-
nance, rule or order.
(Revised 12/05)20.04-2
20.04.040
(c) "DNS" means determination of nonsignifi-
cance. See WAC 197-11-734.
(d) "DS" means determination of significance. See
WAC 197-11-736.
(e) "Early notice" means the City’s response to an
applicant, stating whether it considers issuance of a
determination of significance likely for the applicant’s
proposal (mitigated DNS procedures).
(f) "EIS" means environmental impact statement.
See, generally, WAC 197-11-400s.
(g) "FEIS" means final environmental impact
statement. See WAC 197-11-405.
(h) "Ordinance" means the ordinance, resolution
or other procedure used by the City to adopt regulatory
requirements.
(i) "SEIS" means supplemental environmental
impact statement. See WAC 197-11-405.
(j) "SEPA rules" means Chapter 197-11 WAC,
adopted by the Department of Ecology.
(Ord. 4950 § 5 (part), 2005: Ord. 3934 Art. 2 § B, 1984)
20.04.040 RESPONSIBLE OFFICIAL -
DESIGNATION AND
RESPONSIBILITY.
(a) For the proposals for which the City is the lead
agency, the responsible official shall be the Planning
Director or his appointed designee.
(b) For all proposals for which the City is the lead
agency, the responsible official shall make the threshold
determination, supervise scoping and preparation of any
required environmental impact statement (EIS), and
perform any other functions assigned to the "lead
agency" or "responsible official" by those sections of the
SEPA rules that were adopted by reference in BMC
3.68.020.
(c) The City shall retain all documents required by
the SEPA rules (Chapter 197-11 WAC) and make them
available in accordance with Chapter 42.17 RCW. (Ord.
4950 § 5 (part), 2005: Ord. 3934 Art. 2 § C, 1984)
20.04.050 LEAD AGENCY -
DETERMINATION AND
RESPONSIBILITIES.
(a) The department within the City receiving an
application for or initiating a proposal that involves a
nonexempt action shall determine the lead agency for
that proposal under WAC 197-11-050 and WAC 197-
11-922 through 197-11-940, unless the lead agency has
been previously determined or the department is aware
that another department or agency is in the process of
determining the lead agency.
(b) When the City is the lead agency for a pro-
posal, the department receiving the application shall
refer the proposal to the responsible official, who shall
supervise compliance with the threshold determination
requirements, and if an EIS is necessary, shall supervise
preparation of the EIS.
(c) When the City is not the lead agency for a pro-
posal, all departments of the City shall use and consider,
as appropriate, either the DNS or the final EIS of the
lead agency in making decisions on the proposal. No
City department shall prepare or require preparation of
a DNS or EIS in addition to that prepared by the lead
agency, unless required under WAC 197-11-600. In
some cases, the City may conduct supplemental envi-
ronmental review under WAC 197-11-600.
(d) If the City or any of its departments receives a
lead agency determination made by another agency that
appears inconsistent with the criteria of WAC 197-11-
922 through 197-11-940, it may object to the determina-
tion. Any objection must be made to the agency origi-
nally making the determination and resolved within
fifteen (15) days of receipt of the determination, or the
City must petition the Department of Ecology for a lead
agency determination under WAC 197-11-946 within
the fifteen (15) day time period. Any such petition on
behalf of the City may be initiated by the Planning
Director.
(e) The City is authorized to make agreements as
to lead agency status or shared lead agency duties for a
proposal under WAC 197-11-942 and 197-11-944.
(f) In making a lead agency determination for a
private project the City shall require sufficient informa-
tion from the applicant to identify which other agencies
have jurisdiction over the proposal, i.e., which agencies
require nonexempt licenses. (Ord. 4950 § 5 (part), 2005:
Ord. 3934 Art. 2 § D, 1984)
20.04.060 LEAD AGENCY - TRANSFER OF
STATUS TO A STATE AGENCY.
For any proposal for a private project where the
City would be the lead agency and for which one or
more state agencies have jurisdiction, the City’s respon-
sible official may elect to transfer the lead agency duties
to a state agency. The state agency with jurisdiction
appearing first on the priority listing in WAC 197-11-
936 shall be the lead agency, and the City shall be an
agency with jurisdiction. To transfer lead agency duties,
the City’s responsible official must transmit a notice of
the transfer together with any relevant information
available on the proposal to the appropriate state agency
with jurisdiction. The responsible official of the City
shall also give notice of the transfer to the private appli-
cant and any other agencies with jurisdiction over the
proposal. (Ord. 4950 § 5 (part), 2005: Ord. 3934 Art. 2
§ E, 1984)
20.04-3 (Revised 12/05)
Bremerton Municipal Code 20.04.110
20.04.070 TIME LIMITS APPLICABLE TO
THE SEPA PROCESS -
ADDITIONAL CONSIDERATIONS.
The following time limits (expressed in calendar
days) shall apply when the City processes licenses for
all private projects and those governmental proposals
submitted to the City by other agencies:
(a) Categorical Exemptions. The City should iden-
tify whether an action is categorically exempt within
seven (7) days of receiving a completed application.
(b) Threshold Determinations. When the responsi-
ble official requires further information from the appli-
cant or consultation with other agencies with
jurisdiction:
(1) The City shall wait no longer than thirty
(30) days for a consulted agency to respond;
(2) The responsible official should complete
the threshold determination within fifteen (15) days of
receiving the requested information from the applicant
or the consulted agency. (Ord. 4950 § 5 (part), 2005:
Ord. 3934 Art. 2 § F, 1984)
20.04.080 ADDITIONAL TIMING
CONSIDERATIONS.
(a) For nonexempt proposals, the DNS or draft
EIS for the proposal shall accompany the City’s staff
recommendation to the appropriate decision-making
body, such as the Planning Commission.
(b) If the City’s only action on a proposal is a deci-
sion on a building permit or other license that requires
detailed project plans and specifications, the applicant
may request in writing that the City conduct environ-
mental review prior to submission of the detailed plans
and specifications. (Ord. 4950 § 5 (part), 2005: Ord.
3934 Art. 2 § G, 1984)
20.04.090 PURPOSE OF ARTICLE III -
ADOPTION OF WAC PROVISIONS
BY REFERENCE.
This article contains the rules for deciding whether
a proposal has a "probable significant, adverse environ-
mental impact" requiring an environmental impact
statement (EIS) to be prepared. This article also contains
rules for evaluating the impacts of proposals not requir-
ing an EIS. The City adopts the following sections of
Chapter 197-11 WAC by reference, as supplemented in
this part:
WAC 197-11-300 - Purpose of this part.
305 Categorical exemptions.
310 Threshold determination required.
315 Environmental checklist.
330 Threshold determination process.
335 Additional information.
340 Determination of nonsignificance
(DNS).
350 Mitigated DNS.
360 Determination of significance
(DS)/initiation of scoping.
390 Effect of threshold determination.
(Ord. 4950 § 5 (part), 2005: Ord. 3934 Art. 3 § A, 1984)
20.04.100 USE OF CATEGORICAL
EXEMPTIONS.
(a) Whenever a department within the City
receives an application for a license or, in the case of
governmental proposals, the department within the City
initiates the proposal, the Planning Department shall
determine whether the license and/or the proposal is
exempt. The Planning Department’s determination that
a proposal is exempt shall be final and not subject to
administrative review. If a proposal is exempt, none of
the procedural requirements of this chapter apply to the
proposal. The City shall not require completion of an
environmental checklist for an exempt proposal.
(b) In determining whether or not a proposal is
exempt, the Planning Department shall make certain
that the proposal is properly defined, and shall identify
the governmental licenses required (WAC 197-11-060).
If a proposal includes exempt and nonexempt actions,
the Planning Department shall determine the lead
agency even if the license application that triggers the
Department’s consideration is exempt.
(c) If a proposal includes both exempt and nonex-
empt actions, the City may authorize exempt actions
prior to compliance with the procedural requirements of
this chapter, except that:
(1) The City shall not give authorization for:
(i) Any nonexempt action;
(ii) Any action that would have an
adverse environmental impact; or
(iii) Any action that would limit the choice
of alternatives.
(2) The responsible official may withhold
approval of an exempt action that would lead to modifi-
cation of the physical environment, when such modifi-
cation would serve no purpose if nonexempt action(s)
were not approved; and
(3) The responsible official may withhold
approval of exempt actions that would lead to substan-
tial financial expenditures by a private applicant when
the expenditures would serve no purpose if nonexempt
action(s) were not approved. (Ord. 4950 § 5 (part),
2005: Ord. 3934 Art. 3 § B, 1984)
20.04.110 ENVIRONMENTAL CHECKLIST.
(a) A completed environmental checklist (or a
copy), in the form provided in WAC 197-11-960, shall
be filed at the same time as an application for a permit,
(Revised 12/05)20.04-4
20.04.120
license, certificate or other approval not specifically
exempted in this chapter; except, a checklist is not
needed if the City and applicant agree an EIS is
required, SEPA compliance has been completed, or
SEPA compliance has been initiated by another agency.
The City shall use the environmental checklist to deter-
mine the lead agency and, if the City is the lead agency,
for determining the responsible official and for making
the threshold determination.
(b) For private proposals, the City will require the
applicant to complete the environmental checklist, pro-
viding assistance as necessary. For City proposals, the
department initiating the proposal shall complete the
environmental checklist for that proposal.
(c) The City may require that it, and not the private
applicant, will complete all or part of the environmental
checklist for a private proposal, if either of the following
occurs:
(1) The City has technical information on a
question or questions that is unavailable to the private
applicant; or
(2) The applicant has provided inaccurate
information on previous proposals or on proposals cur-
rently under consideration. (Ord. 4950 § 5 (part), 2005:
Ord. 3934 Art. 3 § C, 1984)
20.04.120 MITIGATED DNS.
(a) As provided in this section and in WAC 197-
11-350, the responsible official may issue a determina-
tion of nonsignificance (DNS) based on conditions
attached to the proposal by the responsible official or on
changes to, or clarifications of, the proposal made by the
applicant.
(b) An applicant may request in writing early
notice of whether a DS is likely under WAC 197-11-
350. The request must: follow submission of a permit
application and environmental checklist for a nonex-
empt proposal for which the department is lead agency,
and precede the City’s actual threshold determination
for the proposal.
(c) The responsible official should respond to the
request for early notice within ten (10) working days.
The response shall: be written; state whether the City
currently considers issuance of a DS likely and, if so,
indicate the general or specific area(s) of concern that
are leading the City to consider a DS; and state that the
applicant may change or clarify the proposal to mitigate
the indicated impacts, revising the environmental
checklist and/or permit application as necessary to
reflect the changes or clarifications.
(d) As much as possible, the City should assist the
applicant with identification of impacts to the extent
necessary to formulate mitigation measures.
(e) When an applicant submits a changed or clari-
fied proposal, along with a revised environmental
checklist, the City shall base its threshold determination
on the changed or clarified proposal and should make
the determination within fifteen (15) days of receiving
the changed or clarified proposal; if the City indicated
specific mitigation measures in its response to the
request for early notice, and the applicant changed or
clarified the proposal to include those specific mitiga-
tion measures, the City shall issue and circulate a deter-
mination of nonsignificance under WAC 197-11-
340(2); if the City indicated areas of concern, but did not
indicate specific mitigation measures that would allow it
to issue a DNS, the City shall make the threshold deter-
mination, issuing a DNS or DS as appropriate; the appli-
cant’s proposed mitigation measures (clarifications,
changes or conditions) must be in writing and must be
specific. For example, proposals to "control noise" or
"prevent stormwater runoff" are inadequate, whereas
proposals to "muffle machinery to X decibel" or "con-
struct two hundred (200) foot stormwater retention pond
at Y location" are adequate; mitigation measures which
justify issuance of a mitigated DNS may be incorporated
in the DNS by reference to agency staff reports, studies
or other documents.
(f) A mitigated DNS is issued under WAC 197-
11-340(2), requiring a fifteen (15) day comment period
and public notice.
(g) Mitigation measures incorporated in the miti-
gated DNS shall be deemed conditions of approval of
the permit decision, and may be enforced in the same
manner as any term or condition of the permit, or
enforced in any manner specifically prescribed by the
City.
(h) If the City’s tentative decision on a permit or
approval does not include mitigation measures that were
incorporated in a mitigated DNS for the proposal, the
City should evaluate the threshold determination to
assure consistency with WAC 197-11-340(3)(a) (with-
drawal of DNS).
(i) The City’s written response under subsection
(b) of this section shall not be construed as a determina-
tion of significance. In addition, preliminary discussion
of clarifications or changes to a proposal, as opposed to
a written request for early notice, shall not bind the City
to consider the clarification or changes in its threshold
determination. (Ord. 4950 § 5 (part), 2005: Ord. 3934
Art. 3 § D, 1984)
20.04.130 PURPOSE OF ARTICLE IV -
ADOPTION OF WAC PROVISIONS
BY REFERENCE.
This article contains the rules for preparing envi-
ronmental impact statements. The City adopts the fol-
lowing sections of Chapter 197-11 of the WAC by
reference, as supplemented by this part:
20.04-5 (Revised 12/05)
Bremerton Municipal Code 20.04.160
WAC 197-11-400 - Purpose of EIS.
402 General requirements.
405 EIS types.
406 EIS timing.
408 Scoping.
410 Expanded scoping.
420 EIS preparation.
425 Style and size.
430 Format.
435 Cover letter or memo.
440 EIS contents.
442 Contents of EIS on nonproject
proposals.
443 EIS contents when prior nonproject
EIS.
444 Elements of the environment.
448 Relationship of EIS to other
considerations.
450 Cost-benefit analysis.
455 Issuance of DEIS.
460 Issuance of FEIS.
(Ord. 4950 § 5 (part), 2005: Ord. 3934 Art. 4 § A, 1984)
20.04.140 PREPARATION OF EIS -
ADDITIONAL CONSIDERATIONS.
(a) Preparation of draft and final EIS and SEIS is
the responsibility of the Planning Department under the
direction of the responsible official. Before the City
issues an EIS, the responsible official shall be satisfied
that it complies with this chapter and Chapter 197-11
WAC.
(b) The DEIS and FEIS or draft and final SEIS
shall be prepared by City staff, or by a consultant
selected by the City, or the applicant, as determined by
the responsible official. If the applicant is required to
prepare the EIS, the applicant shall select a consultant
subject to approval of the responsible official. Said indi-
vidual or firm shall have demonstrated expertise rele-
vant to the information required for the EIS. If the
responsible official requires an EIS for a proposal and
determines that someone other than the City will prepare
the EIS, the responsible official shall notify the appli-
cant within five (5) working days of completion of the
threshold determination. The responsible official shall
also notify the applicant of the City’s procedure for EIS
preparation, including approval of the DEIS and FEIS
prior to distribution.
(c) The City may require an applicant to provide
information the City does not possess, including spe-
cific investigations. However, the applicant is not
required to supply information that is not required under
this chapter or that is being requested from another
agency. (This does not apply to information the City
may request under another ordinance or statute.) (Ord.
4950 § 5 (part), 2005: Ord. 3934 Art. 4 § B, 1984)
20.04.150 ADOPTION OF WAC PROVISIONS
BY REFERENCE.
This article contains rules for consulting, comment-
ing and responding on all environmental documents
under SEPA, including rules for public notice and hear-
ings. The City adopts the following sections of Chapter
197-11 WAC by reference:
WAC 197-11-500 - Purpose of this part.
502 Inviting comment.
504 Availability and cost of
environmental documents.
508 SEPA register.
535 Public hearings and meetings.
545 Effect of no comment.
550 Specificity of comments.
560 FEIS response to comments.
570 Consulted agency costs to assist
lead agency.
(Ord. 4950 § 5 (part), 2005: Ord. 3934 Art. 5 § A, 1984)
20.04.160 PUBLIC NOTICE
REQUIREMENTS.
(a) Whenever the City issues a DNS under WAC
197-11-340(2) or 197-11-360(3), the City shall give
public notice as follows:
(1) If public notice is required for a nonex-
empt license, the City shall state whether a DS or DNS
has been issued and a DS notice when comments are
due;
(2) If no public notice is required for the non-
exempt proposal, the City shall give notice of the DNS
or DS by publishing notice in a newspaper of general
circulation in the county, City or general area where the
proposal is located;
(3) Whenever the City issues a DS under
WAC 197-11-360(3), the City shall state the scoping
procedure for the proposal in the DS as required in
WAC 197-11-408 and in the public notice.
(b) Whenever the City issues a DEIS under WAC
197-11-455(5) or a SEIS under WAC 197-11-620,
notice of the availability of those documents shall be
given by:
(1) Indicating the availability of the DEIS in
any public notice required for a nonexempt license;
(2) Publishing notice in a newspaper of gen-
eral circulation in the county, City or general area where
the proposal is located.
(c) Whenever possible, the City shall integrate the
public notice required under this section with existing
notice procedures for the City’s nonexempt permit(s) or
approval(s) required for the proposal.
(d) The City may require an applicant to complete
the public notice requirements for the applicant’s pro-
(Revised 12/05)20.04-6
20.04.170
posal at his or her expense. (Ord. 4950 § 5 (part), 2005:
Ord. 3934 Art. 5 § B, 1984)
20.04.170 DESIGNATION OF OFFICIAL TO
PERFORM CONSULTED AGENCY
RESPONSIBILITIES FOR THE
CITY.
(a) The Planning Director shall be responsible for
preparation of written comments for the City in response
to a consultation request prior to a threshold determina-
tion, participation in scoping and reviewing a draft EIS.
(b) The Planning Director shall be responsible for
the City’s compliance with WAC 197-115-50 whenever
the City is a consulted agency, and is authorized to
develop operating procedures that will ensure that
responses to consultation requests are prepared in a
timely fashion and include data from all appropriate
departments of the City. (Ord. 4950 § 5 (part), 2005:
Ord. 3934 Art. 5 § C, 1984)
20.04.180 PURPOSE OF ARTICLE VI -
ADOPTION OF WAC PROVISIONS
BY REFERENCE.
This article contains rules for using and supple-
menting existing environmental documents prepared
under SEPA or National Environmental Policy Act
(NEPA) for the City’s own environmental compliance.
The City adopts the following sections of Chapter 197-
11 WAC by reference:
WAC 197-11-600 - When to use existing environ-
mental documents.
610 Use of NEPA documents.
620 Supplemental environmental
impact statement - Procedures.
625 Addenda - Procedures.
630 Adoption - Procedures.
635 Incorporation by reference -
Procedures.
640 Combining documents.
(Ord. 4950 § 5 (part), 2005: Ord. 3934 Art. 6 § A, 1984)
20.04.190 PURPOSE OF ARTICLE VII -
ADOPTION OF WAC PROVISIONS
BY REFERENCE.
This article contains rules (and policies) for SEPA’s
substantive authority, such as decisions to mitigate or
reject proposals as a result of SEPA. This part also con-
tains procedures for appealing SEPA determinations to
agencies or the courts. The City adopts the following
sections of Chapter 197-11 WAC by reference:
WAC 197-11-650 - Purpose of this part.
655 Implementation.
660 Substantive authority and
mitigation.
680 Appeals.
(Ord. 4950 § 5 (part), 2005: Ord. 3934 Art. 7 § A, 1984)
20.04.200 SUBSTANTIVE AUTHORITY.
(a) The policies and goals set forth in this chapter
are supplementary to those in the existing SEPA autho-
rization of the City.
(b) The City may attach conditions to a permit or
approval for a proposal so long as:
(1) Such conditions are necessary to mitigate
specific probable adverse environmental impacts identi-
fied in environmental documents prepared pursuant to
this chapter; and
(2) Such conditions are in writing; and
(3) The mitigation measures included in such
conditions are reasonable and capable of being accom-
plished; and
(4) The City has considered whether other
local, state or federal mitigation measures applied to the
proposal are sufficient to mitigate the identified
impacts; and
(5) Such conditions are based on one or more
policies in subsection (d) of this section and cited in the
license or other decision document.
(c) The City may deny a permit or approval for a
proposal on the basis of SEPA so long as:
(1) A finding is made that approving the pro-
posal would result in probable significant adverse envi-
ronmental impacts that are identified in a final EIS or
final supplemental EIS prepared pursuant to this chap-
ter; and
(2) A finding is made that there are no reason-
able mitigation measures capable of being accom-
plished that are sufficient to mitigate the identified
impact; and
(3) The denial is based on one or more poli-
cies identified in subsection (d) of this section, and iden-
tified in writing in the decision document.
(d) The City designates and adopts by reference
the following policies as the basis for the City’s exercise
of authority pursuant to this section:
(1) The City shall use all practicable means,
consistent with other essential considerations of state
policy, to improve and coordinate plans, functions, pro-
grams and resources to the end that the state and its cit-
izens may:
(i) Fulfill the responsibilities of each
generation as trustee of the environment for succeeding
generations;
(ii) Assure for all people of Washington
safe, healthful, productive and aesthetically and cultur-
ally pleasing surroundings;
(iii) Attain the widest range of beneficial
uses of the environment without degradation, risk to
20.04-7 (Revised 12/05)
Bremerton Municipal Code 20.04.230
health or safety, or other undesirable and unintended
consequences;
(iv) Preserve important historic, cultural
and natural aspects of our national heritage;
(v) Maintain, wherever possible, an envi-
ronment which supports diversity and variety of individ-
ual choice;
(vi) Achieve a balance between popula-
tion and resource use which will permit high standards
of living and a wide sharing of life’s amenities; and
(vii)Enhance the quality of renewable
resources and approach the maximum attainable recy-
cling of depletable resources.
(2) The City recognizes that each person has a
fundamental and inalienable right to a healthful environ-
ment and that each person has a responsibility to con-
tribute to the preservation and enhancement of the
environment.
(e) Applications not requiring a final decision by
the City Council that are conditioned or denied on the
basis of SEPA by a nonelected official shall be appeal-
able to the Administrative Hearing Examiner pursuant
to Chapter 2.13 BMC. Such appeal may be perfected by
appellant by giving notice to the responsible official
within ten (10) days of the decision being appealed. The
hearing before the Hearing Examiner shall be an open-
record appeal. However, the decision of the SEPA Offi-
cial shall be presumed correct. (Ord. 4950 § 5 (part),
2005: Ord. 4798, Amended, 05/10/2002; Ord. 4778,
Amended, 11/05/2001; Ord. 3934 Art. 7 § B, 1984)
20.04.210 APPEALS.
(a) The City establishes the following administra-
tive appeal procedures under RCW 43.21C.075 and
WAC 197-11-680:
(1) Any agency or person may appeal the
City’s procedural compliance with Chapter 197-11
WAC for issuance of the following:
(i) A final DNS;
(ii) A DS: The appeal must be made to the
Administrative Hearing Examiner within ten (10) days
of the date the DS is issued.
(2) For any appeal under this section, the City
shall provide for a record that shall consist of the follow-
ing:
(i) Findings and conclusions;
(ii) Testimony under oath; and
(iii) A taped or written transcript.
(3) The procedural determination by the
City’s responsible official shall carry substantial weight
in any appeal proceeding.
(b) The City shall give official notice under WAC
197-11-680(5) whenever it issues a permit or approval
for which a statute or ordinance establishes a time limit
for commencing judicial appeal. (Ord. 4950 § 5 (part),
2005: Ord. 4778, Amended, 11/05/2001; Ord. 3934 Art.
7 § C, 1984)
20.04.220 NOTICE OF ACTION - STATUTE
OF LIMITATIONS.
(a) The City, applicant for, or proponent of an
action may publish a notice of action pursuant to RCW
43.21C.080 for any action.
(b) The form of the notice shall be substantially in
the form provided in WAC 197-11-990. The notice shall
be published by the City Clerk, applicant or proponent
pursuant to RCW 43.21C.080. (Ord. 4950 § 5 (part),
2005: Ord. 3934 Art. 7 § D, 1984)
20.04.230 PURPOSE OF ARTICLE VIII -
ADOPTION OF WAC PROVISIONS
BY REFERENCE.
This article contains uniform usage and definitions
of terms under SEPA. The City adopts the following
sections of Chapter 197-11 WAC by reference, as sup-
plemented by WAC 173-806-040:
WAC 197-11-700 - Definitions.
702 Act.
704 Action.
706 Addendum.
708 Adoption.
710 Affected tribe.
712 Affecting.
714 Agency.
716 Applicant.
718 Built environment.
720 Categorical exemption.
722 Consolidated appeal.
724 Consulted agency.
728 County.
730 Decision maker.
732 Department.
734 Determination of nonsignificance
(DNS).
736 Determination of significance
(DS).
738 EIS.
740 Environment.
742 Environmental checklist.
744 Environmental document.
746 Environmental review.
748 Environmentally sensitive area.
750 Expanded scoping.
752 Impacts.
754 Incorporation by reference.
756 Lands covered by water.
758 Lead agency.
760 License.
762 Local agency.
(Revised 12/05)20.04-8
20.04.240
764 Major action.
766 Mitigated DNS.
768 Mitigation.
770 Natural environment.
774 Nonproject.
776 Phased review.
778 Preparation.
780 Private project.
782 Probable.
784 Proposal.
786 Reasonable alternative.
790 SEPA.
792 Scope.
793 Significant.
796 State agency.
797 Threshold determination.
799 Underlying governmental action.
(Ord. 4950 § 5 (part), 2005: Ord. 3934 Art. 8 § A, 1984)
20.04.240 ADOPTION OF WAC PROVISIONS
BY REFERENCE.
The City adopts sections of Chapter 197-11 WAC
by reference, the following rules for categorical exemp-
tions, as supplemented in this chapter, including Section
B (Use of exemptions), and WAC 173-806-190 (Envi-
ronmentally sensitive areas):
WAC 197-11-800 - Categorical exemptions.
880 Emergencies.
890 Petitioning DOE to change
exemptions.
(Ord. 4950 § 5 (part), 2005: Ord. 3934 Art. 9 § A, 1984)
20.04.250 PURPOSE OF ARTICLE X -
ADOPTION OF WAC PROVISIONS
BY REFERENCE.
This article contains rules for agency compliance
with SEPA, including rules for charging fees under the
SEPA process, designating environmentally sensitive
areas, listing agencies with environmental expertise,
selecting the lead agency, and applying these rules to
current agency activities. The City adopts the following
sections of Chapter 197-11 WAC by reference, through
WAC 173-06-053 and this article:
WAC 197-11-900 - Purpose of this part.
902 Agency SEPA policies.
916 Application to ongoing actions.
920 Agencies with environmental
expertise.
922 Lead agency rules.
924 Determining the lead agency.
926 Lead agency for governmental
proposals.
928 Lead agency for public and private
proposals.
930 Lead agency for private projects
with one agency with jurisdiction.
932 Lead agency for private projects
requiring licenses from more than
one agency, when one of the
agencies is a City.
934 Lead agency for private projects
requiring licenses from a local
agency, not a county and one or
more state agencies.
936 Lead agency for private projects
requiring licenses from more than
one state agency.
938 Lead agencies for specific
proposals.
940 Transfer of lead agency status to a
state agency.
942 Agreements on lead agency status.
944 Agreements on division of lead
agency duties.
946 DOE resolution of lead agency
disputes.
948 Assumption of lead agency status.
(Ord. 4950 § 5 (part), 2005: Ord. 3934 Art. 10 § A,
1984)
20.04.260 ENVIRONMENTALLY SENSITIVE
AREAS.
(a) The Planning Director shall designate environ-
mentally sensitive areas under the standards of WAC
197-11-908, and shall file maps designating such areas,
together with the exemptions from the list in WAC 197-
11-908 that are inapplicable in such areas, with the Plan-
ning Department and the Department of Ecology, Head-
quarters Office, Olympia, Washington. The
environmentally sensitive area designations shall have
full force and effect of law as of the date of filing.
(b) The City shall treat proposals located wholly or
partially within an environmentally sensitive area no
differently than other proposals under this chapter, mak-
ing a threshold determination for all such proposals. The
City shall not automatically require an EIS for a pro-
posal merely because it is proposed for location in an
environmentally sensitive area.
(c) Certain exemptions do not apply on lands cov-
ered by water, and this remains true regardless of
whether or not lands covered by water are mapped.
(Ord. 4950 § 5 (part), 2005: Ord. 3934 Art. 10 § B,
1984)
20.04.270 FEES.
The City shall require fees for its activities in accor-
dance with the provisions of this chapter. Those fees
shall be established, from time to time, by City Council
resolution. (Ord. 4950 § 5 (part), 2005: Ord. 3934 Art.
10 § C, 1984)
20.04-9 (Revised 12/05)
Bremerton Municipal Code 20.04.280
20.04.280 ADOPTION OF WAC PROVISIONS
BY REFERENCE.
The City adopts the following forms and selections
by reference:
WAC 197-11-960 - Environmental checklist.
965 Adoption notice.
970 Determination of nonsignificance
(DNS).
980 Determination of significance and
scoping notice (DS).
985 Notice of assumption of lead
agency status.
990 Notice of action.
(Ord. 4950 § 5 (part), 2005: Ord. 3934 Art. 11 § A,
1984)
20.10-1 (Revised 12/05)
Bremerton Municipal Code 20.10.050
Division II. Land Development
Chapter 20.10
COMPREHENSIVE PLAN AMENDMENTS
Sections:
20.10.010 BIENNIAL AMENDMENTS.
20.10.020 APPLICATIONS.
20.10.030 TIME OF FILING.
20.10.040 SUSPENSION OF
APPLICATIONS.
20.10.050 AMENDMENTS OUTSIDE THE
BIENNIAL PROCESS.
20.10.060 SEPA REVIEW.
20.10.070 CUMULATIVE EFFECT.
20.10.080 DECISION CRITERIA.
20.10.090 HEARING PROCEDURES -
NOTICE REQUIREMENTS.
20.10.100 CITY COUNCIL ACTION.
20.10.110 APPEALS.
20.10.010 BIENNIAL AMENDMENTS.
The City Council shall consider amendments to the
Bremerton Comprehensive Plan no more than once each
biennium, except as provided in BMC 20.10.050. The
biennial consideration of amendments shall occur in
even-numbered years. (Ord. 4950 § 4 (part), 2005: Ord.
4852 § 1 (in part), 2003)
20.10.020 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 Comprehen-
sive Plan amendments shall be the same as the fee estab-
lished for rezones. (Ord. 4950 § 4 (part), 2005: Ord.
4852 § 1 (in part), 2003)
20.10.030 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. 4950 § 4 (part), 2005: Ord.
4852 § 1 (in part), 2003)
20.10.040 SUSPENSION OF APPLICATIONS.
The City Council may, by motion or resolution,
suspend the amendment process for any given bien-
nium. However, in no case shall the amendment process
be suspended for two consecutive biennia. (Ord. 4950
§ 4 (part), 2005: Ord. 4852 § 1 (in part), 2003)
20.10.050 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
20.10.010 under the following circumstances:
(a) Subarea Plan. The initial adoption of a subarea
plan that does not modify the Comprehensive Plan pol-
icies 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 amend-
ment of the City’s budget; and
(d) Scheduled Comprehensive Reviews. Sched-
uled reviews and evaluations of the City’s Comprehen-
sive 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 emer-
gency 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 Comprehen-
sive 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 emer-
gency 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
(Revised 12/05)20.10-2
20.10.060
direction. (Ord. 4950 § 4 (part), 2005: Ord. 4852 § 1 (in
part), 2003)
20.10.060 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
Environmental Policy Act (SEPA). If the responsible
official determines that a draft final or supplemental
environmental impact statement (EIS) or other appro-
priate 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. 4950 § 4
(part), 2005: Ord. 4852 § 1 (in part), 2003)
20.10.070 CUMULATIVE EFFECT.
In considering annual amendments to the Compre-
hensive Plan, the Planning Commission and the City
Council shall consider all proposed amendments con-
currently to assess their cumulative effect. The analysis
of cumulative effect shall be conducted pursuant to
BMC 20.10.060 and shall be entered into the hearing
records of the Planning Commission and City Council
prior to any action. (Ord. 4950 § 4 (part), 2005: Ord.
4852 § 1 (in part), 2003)
20.10.080 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 exist-
ing or planned land uses and the surrounding develop-
ment 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 relation-
ship to benefitting the public health, safety and welfare.
(Ord. 4950 § 4 (part), 2005: Ord. 4852 § 1 (in part),
2003)
20.10.090 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 pub-
lic hearing. The Planning Commission shall hold one (1)
or more hearings on the proposed amendments. Follow-
ing the public hearing by the Planning Commission, the
Planning Commission’s recommendation shall be for-
warded 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. 4950 § 4
(part), 2005: Ord. 4852 § 1 (in part), 2003)
20.10.100 CITY COUNCIL ACTION.
Following receipt of the Planning Commission rec-
ommendation, the City Council shall affirm, deny, mod-
ify 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 recommenda-
tion, it shall hold at least one (1) additional hearing on
the modified recommendation prior to adoption. (Ord.
4950 § 4 (part), 2005: Ord. 4852 § 1 (in part), 2003)
20.10.110 APPEALS.
Appeals from a decision of the Bremerton City
Council shall be pursuant to Chapter 36.70A RCW.
(Ord. 4950 § 4 (part), 2005: Ord. 4852 § 1 (in part),
2003)
20.12-1 (Revised 12/05)
Bremerton Municipal Code 20.12.060
Chapter 20.12
SHORT SUBDIVISIONS AND PLATS
Sections:
20.12.010 SHORT TITLE.
20.12.020 ADMINISTRATIVE
APPROVAL REQUIRED.
20.12.030 POLICY - DEFINITIONS -
EXEMPTIONS.
20.12.040 ADMINISTRATIVE OFFICIAL -
DUTIES.
20.12.050 APPLICATION - PROCEDURE
CONTENTS.
20.12.060 CERTIFICATES.
20.12.070 DEPARTMENT REVIEWS -
APPROVAL.
20.12.080 APPROVAL AND FILING.
20.12.090 DISAPPROVAL
NOTIFICATION.
20.12.100 PROCEDURE APPEAL TO
ADMINISTRATIVE HEARINGS
EXAMINER.
20.12.110 RESUBDIVISION.
20.12.120 VIOLATION - INJUNCTION.
20.12.010 SHORT TITLE.
This chapter shall be known and may be cited as the
"Bremerton Short Subdivision Ordinance." (Ord. 4950
§ 2 (part), 2005: Ord. 3200 § 1, 1975)
20.12.020 ADMINISTRATIVE APPROVAL
REQUIRED.
No division of land for the purpose of sale or lease
into two (2) or more but less than five (5) lots, parcels,
or tracts shall be undertaken within the City limits with-
out having first obtained approval therefor from the offi-
cial designated for the summary approval of short plats
and short subdivisions. (Ord. 4950 § 2 (part), 2005: Ord.
3200 § 2, 1975)
20.12.030 POLICY - DEFINITIONS -
EXEMPTIONS.
The policy, definitions and exemptions set forth in
RCW 58.17.010, 58.17.020 and 58.17.040, relating to
short plats and short subdivisions, are adopted by refer-
ence, for the purposes of this chapter, as if set forth in
full. (Ord. 4950 § 2 (part), 2005: Ord. 3200 § 3, 1975)
20.12.040 ADMINISTRATIVE OFFICIAL -
DUTIES.
The City Planning Director is vested with the duty
of administering the provisions of this chapter, includ-
ing the preparation of forms necessary for its implemen-
tation, and he is granted the authority to summarily
approve or disapprove of short plat and short subdivi-
sion applications in conformity with the regulations set
forth in this chapter. (Ord. 4950 § 2 (part), 2005: Ord.
3200 § 4, 1975).
20.12.050 APPLICATION - PROCEDURE
CONTENTS.
(a) Any person requesting the approval of a short
plat or short subdivision requiring administrative
approval shall submit a short subdivision application for
approval to the planning director, together with a fee as
provided by resolution of the City Council.
Said application form shall contain, but not be lim-
ited to:
(1) The name and address of the applicant;
(2) The relation of the applicant to the prop-
erty;
(3) Legal description of the property to be
divided and the divisions thereof;
(4) Common address of the property;
(5) The present zone classification;
(6) Approximate area in acres;
(7) The proposed minimum lot size;
(8) Proposed utilities; and
(9) Proposed water and sewage disposal sys-
tems.
Said application form shall be dated and signed by
the applicant or his authorized agent.
(b) Appended to, and a part of said application,
shall be five (5) printed copies of a short plat, drawn to
scale, of the property being divided. All such short plats
shall be prepared by a land surveyor registered in the
state, unless this requirement is waived by the City
Engineer.
Such short plat shall contain:
(1) The names of any adjacent subdivisions;
(2) Lines marking the original boundaries of
the site, and the proposed lots, including all dimensions
and bearings;
(3) Dimensions, names and location of exist-
ing roads and ways, within or adjacent to the tract;
(4) Location of existing structures, with
respect to all property boundaries, to determine the zon-
ing compliance. (Ord. 4950 § 2 (part), 2005: Ord. 3688
§ 6, 1982; Ord. 3597 § 11, 1980; Ord. 3200 § 5, 1975)
20.12.060 CERTIFICATES.
(a) All short plats of short subdivisions must con-
tain a certificate including the following information.
The certificate must be on the face of the plat (where
possible):
(1) A full and correct description of the lands
divided;
(Revised 12/05)20.12-2
20.12.070
(2) A statement that the short subdivision has
been made with the free consent and in accordance with
the desires of the owner(s).
(b) If the short plat includes a dedication, then in
addition to the above requirements, the certificate shall
contain:
(1) The dedication of all streets and other
areas to the public, and individual or individuals, reli-
gious society or societies, or to any corporation, public
or private, as shown on the short plat;
(2) A waiver of all claims for damages against
any governmental authority which may be occasioned to
the adjacent land by the established construction, drain-
age and maintenance of said road.
(c) Said certificate shall be signed and acknowl-
edged before a notary public by all parties having any
interest in the lands subdivided.
Every short plat containing a dedication filed for
record must be accompanied by a title report confirming
that the title of the lands as described and shown on said
plat is in the name of the owners signing the certificate.
(Ord. 4950 § 2 (part), 2005: Ord. 3200 § 6, 1975)
20.12.070 DEPARTMENT REVIEWS -
APPROVAL.
If the Planning Director determines that the pro-
posed short plat contains sufficient elements and data to
furnish a basis for approval or disapproval, he shall for-
ward the short plat to all appropriate departments for
review. This may include, but not be limited to, the City
Engineer, Health, Fire, Police, Building, and Water
Departments. (Ord. 4950 § 2 (part), 2005: Ord. 3200
§ 7, 1975)
20.12.080 APPROVAL AND FILING.
If, after receiving the comments from all depart-
ments, the Planning Director finds that the short plat
meets all necessary requirements, he shall within a
period not to exceed twenty (20) days from the date of
the application, submit his decision of approval to the
petitioner; provided, that if an environmental impact
statement is required, the time required to prepare and
circulate the same shall not be included in the twenty
(20) days from the date of application. The petitioner
shall then file the short plat with the County Auditor.
The short plat shall not be deemed approved until so
filed. (Ord. 4950 § 2 (part), 2005: Ord. 3200 § 8, 1975)
20.12.090 DISAPPROVAL NOTIFICATION.
If the Planning Director disapproves the proposed
short plat, he shall notify the applicant, in writing, of the
specific reason for his disapproval within a period not to
exceed twenty (20) days from the date of the applica-
tion; provided, that if an environmental impact state-
ment is required, the time required to prepare and
circulate the same shall not be included in the twenty
(20) days from the date of application. (Ord. 4950 § 2
(part), 2005: Ord. 3200 § 9, 1975)
20.12.100 PROCEDURE APPEAL TO
ADMINISTRATIVE HEARINGS
EXAMINER.
Any applicant aggrieved by the decision of the
Planning Director may request an appeal of that decision
to the Administrative Hearing Examiner. Such appeal
must be in writing on a form to be provided by the City
and delivered to the Planning Department, with the
applicable appeal fee, within five (5) working days from
the date of the Planning Director’s decision. Such
appeal shall be heard by the Administrative Hearing
Examiner pursuant to Chapter 2.13 BMC. (Ord. 4950
§ 2 (part), 2005: Ord. 4798, Amended, 5/10/2002; Ord.
4778, Amended, 11/05/2001; Ord. 3200 § 10, 1975)
20.12.110 RESUBDIVISION.
Land in short subdivisions may not be further
divided in any manner within a period of five (5) years
without the filing of a final plat. (Ord. 4950 § 2 (part),
2005: Ord. 3200 § 11, 1975)
20.12.120 VIOLATION - INJUNCTION.
In the event the subdivision and sale of lots in vio-
lation of the regulations of this chapter comes to the
attention of the City, the City Council may initiate an
action to enjoin any transfer, sale, agreement or option
by making application for an injunction in the Superior
Court. (Ord. 4950 § 2 (part), 2005: Ord. 3200 § 12,
1975)
20.14-1 (Revised 12/05)
Bremerton Municipal Code 20.14.020
Chapter 20.14
CRITICAL AREAS
Sections:
20.14.010 PURPOSE.
20.14.020 INTENT.
20.14.030 SCOPE AND APPLICABILITY.
20.14.040 ABROGATION AND GREATER
RESTRICTIONS.
20.14.050 DEFINITIONS.
20.14.060 ADMINISTRATIVE
PROCEDURES.
20.14.070 AQUIFER RECHARGE AREAS.
20.14.080 FISH AND WILDLIFE
HABITAT CONSERVATION
AREAS.
20.14.090 FLOOD HAZARD AREAS.
20.14.100 GEOLOGICALLY
HAZARDOUS AREAS.
20.14.110 WETLANDS AND STREAM
CORRIDORS.
20.14.120 WETLANDS AND STREAM
CORRIDORS -
APPLICABILITY.
20.14.130 CLASSIFICATION.
20.14.140 REVIEW PROCESS.
20.14.150 ALTERNATIVE REVIEW
PROCESS.
20.14.160 CLEANUP REVIEW PROCESS
AND STANDARDS.
20.14.170 PERMITTED
USES/ACTIVITIES.
20.14.180 TEMPORARY EMERGENCY
PERMITS.
20.14.190 REGULATED
USES/ACTIVITIES.
20.14.200 CONDITIONS.
20.14.210 GENERAL PERMIT
STANDARDS.
20.14.220 BUFFERS.
20.14.230 STANDARDS.
20.14.240 EXTRAORDINARY HARDSHIP
TEST.
20.14.250 PUBLIC INTEREST.
20.14.260 MITIGATION PROCEDURES.
20.14.270 BONDS.
20.14.280 ENVIRONMENTALLY
SENSITIVE DESIGNATION.
20.14.290 NONCONFORMING
USES/STRUCTURES.
20.14.300 APPEALS.
20.14.310 ENFORCEMENT.
20.14.320 SEVERABILITY.
20.14.330 VIOLATION - PENALTY.
20.14.010 PURPOSE.
The purpose of this chapter is to protect the public
health, safety, and welfare by establishing provisions to
classify, protect, and preserve Bremerton’s critical
areas; by providing standards to manage development in
association with these areas; and by designating some of
these areas as environmentally sensitive in accordance
with the State Environmental Policy Act (SEPA). (Ord.
4950 § 6 (part), 2005: Ord. 4422 § 1 (in part), 1993)
20.14.020 INTENT.
Critical areas include critical aquifer recharge
areas, fish and wildlife habitat conservation areas, flood
hazard areas, geologically hazardous areas, stream cor-
ridors, wetlands, and any buffer zones. These critical
areas serve many important ecological functions. Many
of the critical areas in Bremerton have been lost or
degraded through past development. Bremerton, as an
urban growth area, is experiencing increasing growth
and its land resource is diminishing. This increasing
growth and diminishing land resource is creating pres-
sure for the development of critical areas. New con-
struction technology is also creating pressure on these
sites by making development feasible on sites where it
was formerly impractical to build.
Because of the ecological benefits of critical areas,
their past destruction, and the increasing pressure to
develop them, the intent of this chapter is to ensure that
the City’s remaining critical areas are preserved and
protected and that development in or adjacent to these
areas is managed. This chapter contains classification
criteria and preservation standards for each type of crit-
ical area. The classification criteria identify physical
characteristics by which critical areas are designated.
The preservation standards are provisions designed to
protect critical areas from degradation caused by
improper development. These criteria and standards will
secure the public health, safety and welfare by:
(a) Reducing risk of damage due to erosion, flood-
ing, and land slides;
(b) Reducing the risks to the public from personal
injury, loss of life, or property damage;
(c) Maintaining surface water quality and protect-
ing groundwater areas which help recharge (purify or
resupply) rivers, streams, and aquifers;
(d) Maintaining and protecting priority fish and
wildlife habitats;
(e) Providing open space and aesthetic value;
(f) Providing migratory pathways for fish and
birds;
(g) Providing unique urban wilds that serve as nat-
ural laboratories for schools and the general public;
(h) Avoiding public expenditures to correct dam-
aged or degraded critical ecosystems;
(i) Alerting appraisers, assessors, owners, poten-
tial buyers, or lessees to the potential presence of a crit-
(Revised 12/05)20.14-2
20.14.030
ical ecosystem and possible development limitations;
and
(j) Providing City officials with information,
direction, and authority to protect ecosystems when
evaluating development proposals. (Ord. 4950 § 6
(part), 2005: Ord. 4422 § 1 (in part), 1993)
20.14.030 SCOPE AND APPLICABILITY.
(a) General. This chapter applies to any activity
which would destroy the natural vegetation; result in a
significant change in critical habitat, water temperature,
physical or chemical characteristics; or alter natural
contours and/or substantially alter existing patterns of
tidal, sediment, or storm water flow on any land which
meets the classification standards for any critical area
defined herein. Such activities include excavation, grad-
ing, filling, the removal of vegetation, and the construc-
tion, exterior alteration, or enlargement of any building
or structure. In addition, this chapter applies to all public
or private actions, permits, and approvals in or adjacent
to a critical area and its buffer, including but not limited
to the following:
(1) Building, demolition, grading, filling, spe-
cial, storm water and sanitary sewer permits, and local
improvement districts;
(2) Subdivisions and short plats;
(3) Reclassifications, site plan approvals,
shoreline substantial development permits, and special
and conditional use permits; and
(4) Temporary use permits, variances, excep-
tions, and waivers.
(b) Exempted Activities. Maintenance and repair
of legally existing roads, structures or facilities. All
work must be conducted using best management prac-
tices. The Director may place conditions on any such
one (1) time exemption. The maintenance and repair of
legally existing roads, structures or facilities may occur
without application to and approval by the Director.
(c) Where one (1) site is classified as containing
two (2) or more critical areas, the project shall meet the
minimum standards and requirements for each identi-
fied critical area as set forth in this chapter.
(d) Critical areas may be located through the use of
information from the United States Department of Agri-
culture Soil Conservation Service, the United States
Geological Survey, the Washington State Department of
Ecology, the Coastal Zone Atlas, the National Wetlands
Inventory maps, Bremerton topography maps, the Kit-
sap County Generalized Wetland and Critical Areas
Inventory maps, and the Kitsap County Assessor’s
maps. The Kitsap County Generalized Wetland and
Critical Areas Inventory maps and other above-listed
sources are only guidelines available for reference. The
actual location of critical areas must be determined on a
site-by-site basis according to the classification criteria
found in this chapter. (Ord. 4950 § 6 (part), 2005: Ord.
4422 § 1 (in part), 1993)
20.14.040 ABROGATION AND GREATER
RESTRICTIONS.
Where this chapter imposes greater restrictions than
existing regulations, easements, covenants or deed
restrictions, provisions of this chapter shall prevail. It is
not intended that this chapter repeal, abrogate, or impair
any existing regulations, easements, covenants, or deed
restrictions. (Ord. 4950 § 6 (part), 2005: Ord. 4422 § 1
(in part), 1993)
20.14.050 DEFINITIONS.
Words and phrases used in this chapter shall be
interpreted as defined below. Where ambiguity exists,
words or phrases shall be interpreted so as to give this
chapter its most reasonable application in carrying out
its regulatory purpose.
(a) (1) Aquifer: A saturated geologic formation
which will yield a sufficient quantity of water to serve
as a private or public water supply.
(2) Aquifer critical recharging areas: Areas of
permeable deposits exposed at the surface which trans-
mit precipitation and surface water to an aquifer which
is used for potable water.
(b) (1) Best management practices: The utiliza-
tion of methods, techniques or products which have
been demonstrated to be the most effective and reliable
in minimizing impacts.
(2) Buffer zone: An area required by this
chapter surrounding a natural, restored or newly created
critical area. The buffer zone also serves as a buffer
between the critical area and its associative upland areas
and as an integral part of the habitat ecosystem.
(c) (1) Class, wetland: One of the wetland classes
in the United States Fish and Wildlife Service publica-
tion, Classification of Wetlands and Deepwater Habitats
of the United States (December 1979). A class describes
the general appearance of the habitat in terms of either
the dominant vegetation life form or the physical geog-
raphy and composition of the substrate. The following
are examples of classes:
(2) Clearing: The destruction or removal of
logs, scrub-shrubs, stumps, trees or any vegetative
material by burning, chemical, mechanical or other
means.
(3) Compensation: Replacement by creation,
enhancement or restoration of a wetland equivalent in
function and value to the one being impacted or lost due
to development. Compensation may also include the use
of monetary contributions to a mitigation fund.
(4) Creation: Bringing a wetland or stream
corridor into existence at a site in which a wetland or
stream corridor did not formerly exist.
20.14-3 (Revised 12/05)
Bremerton Municipal Code 20.14.050
(5) Critical areas include the following eco-
systems: Areas with a critical recharging effect on aqui-
fers used for drinking water, fish and wildlife habitat
conservation areas, frequently flooded areas, geologi-
cally hazardous areas, wetlands, and streams.
(d) (1) Director: Director of Community Develop-
ment or his/her designee.
(e) (1) Ecosystem: The system of interrelation-
ships within and between a biological community and
its physical environment.
(2) Emergent wetland: A wetland with at least
thirty (30) percent of its surface covered by erect,
rooted, herbaceous vegetation at the uppermost vegeta-
tive strata.
(3) Endangered species: A regional plant or
animal species which is in danger of extinction through-
out all or a significant portion of its range. Such animal
species are designated by the Washington State Depart-
ment of Wildlife pursuant to Chapter 232-12 WAC or
the United States Fish and Wildlife Service.
(4) Enhancement: A process undertaken to
rehabilitate or improve an existing degraded wetland or
stream by increasing or decreasing plant diversity and
increasing water quality, wildlife habitat or erosion con-
trols.
(5) Erosion: Wearing away of earth’s surface
as a result of movement of wind, water, ice, or any
means.
(6) Erosion hazard areas: Areas which contain
soils classified by the United States Department of Agri-
culture Soil Conservation Service that may experience
severe to very severe erosion hazards.
(7) Exotic: A species of plants or animals that
is foreign to the area in questions.
(f) (1) Fill: Dumping or placing, by any means,
any material on any soil or sediment surface, including
temporary stockpiling of material.
(2) Fish and wildlife habitat conservation
areas: Areas identified as being of critical importance to
the maintenance of fish and wildlife species.
(3) Flood hazard areas: Lands in a floodplain.
These include areas adjacent to lakes, streams, oceans or
other bodies of water lying outside the ordinary bank of
the water body and which are periodically inundated by
flood flow with a one (1) percent or greater expectancy
of flooding in any given year.
(4) Flood water storage: The ability to hold
and slow down flood waters. Construction in a floodway
reduces the flood water storage capacity and the
removal of vegetation from a floodway reduces the
floodway’s ability to slow down flood water.
(5) Forested wetland: A wetland with at least
twenty (20) percent of the surface area covered by
woody vegetation greater than twenty (20) feet in
height.
(6) Function: The beneficial role critical areas
serve, including but not limited to fish and wildlife hab-
itat, storage and conveyance of water, floodwater and
storm water retention, and provision of erosion, land-
slide and sediment controls.
(g) (1) Geologic hazards specialist: A professional
geologist or engineering geologist with a degree in the
geologic sciences from an accredited college or univer-
sity with a minimum of four (4) years’ experience in
geologic practice involving geologic hazards. A quali-
fied geotechnical engineer, licensed as a civil engineer
with the state of Washington, with a minimum of four
(4) years’ experience in landslide evaluation, may also
qualify as a geologic hazards specialist.
(2) Geologically hazardous areas: Areas that
are susceptible to erosion, sliding, severe risk of earth-
quake damage, or other geological events.
(3) Grading: Excavating, filling, leveling, or
artificially modifying surface contours, steep or moder-
ate slope. Land modification includes clearing, grading,
and other soil disturbances. It does not include pruning
of vegetation, provided such pruning is not so extensive
as to disturb the soil stability.
(i) (1) In-kind replacement: Replacement of a
wetland with one of equivalent characteristics and qual-
ity at a ratio equal to or greater than the existing ecosys-
tem.
(l) (1) Land modification: A human-induced
action which affects the stability of an erosion hazard
area, landslide hazard area, or steep or moderate slope.
Land modification includes clearing, grading, and other
soil disturbances. It does not include pruning of vegeta-
tion, provided such pruning is not so extensive as to dis-
turb the soil stability.
(2) Landslide: An episodic down slope move-
ment of a mass of soil and/or rock.
(3) Landslide hazard areas: Areas that are
subject to severe landslide risk because of a combination
of geologic, topographic, and hydrologic factors.
(4) Low-intensity land use: Uses associated
with low levels of human or structural activity. Low
intensity land uses include passive recreation, open
space and small gardens.
(m) (1) Mitigation: A negotiated action involving
the avoidance, minimization or compensation for possi-
ble adverse impacts.
(2) Monitoring: The process of collecting and
evaluating data to assess the biological, hydrological or
geological performance of newly created, restored,
enhanced and/or affected wetlands or streams.
(Revised 12/05)20.14-4
20.14.050
(n) (1) Native vegetation: Vegetation comprised of
plant species which are indigenous to the area in ques-
tion.
(o) (1) Ordinary high water mark: A mark that has
been found where the presence and action of waters are
common, usual, and maintained in an ordinary year long
enough to create a distinction in character between a
water body and the abutting upland.
(p) (1) Parties of record: Individuals, entities and
groups who have commented on a proposal in writing or
in person or who have asked to be included on a mailing
list for a specific proposal.
(2) Priority habitats: Seasonal range or habitat
element with which a given species is primarily associ-
ated and which, if altered, may reduce survival potential
of that species over the long term. Priority habitats are
designated by the Washington State Department of
Wildlife, Priority Habitat and Species Program, and
may include habitat areas of high relative density or spe-
cies richness, breeding habitat or habitats used as winter
range or movement corridors. Habitats of limited avail-
ability or with high vulnerability to alteration, such as
cliffs, talus, and wetlands, may also be included.
(3) Priority species: Species which are of con-
cern because of their population status and sensitivity to
habitat alteration. Priority species are designated by the
Washington State Department of Wildlife, Priority Hab-
itat and Species Program, and may include endangered,
threatened, sensitive, candidate, monitored, or game
species.
(r) (1) Restoration: Improving, enhancing, and
reestablishing a once viable and now degraded wetland
or stream to a state in which its stability, functions, and
values approach its unaltered state.
(2) Riparian habitat: Wetland habitat border-
ing a stream which is occasionally flooded and periodi-
cally supports predominantly hydrophytes.
(s) (1) Scrub-shrub wetland: A wetland with at
least thirty (30) percent of its surface area covered with
woody vegetation less than twenty (20) feet in height.
(2) Seismic hazard areas: Areas subject to
severe risk of earthquake damage as a result of seismic-
induced settlement, sliding or soil liquefaction.
(3) Sensitive species: A regional plant or ani-
mal species that is vulnerable or declining and is likely
to become endangered or threatened in a significant por-
tion of its range without cooperative management or the
removal of threats. Such animal species are designated
by the Washington State Department of Wildlife pursu-
ant to Chapter 232-12 WAC or the United States Fish
and Wildlife Service.
(4) Slope: A slope is delineated by establish-
ing its toe and top and measured by averaging the incli-
nation over at least ten (10) feet of vertical relief.
(5) Stream corridor: Perennial, intermittent or
ephemeral waters included within a channel of land and
its adjacent riparian zones which serves as a buffer
between the aquatic and terrestrial upland ecosystems.
(6) Streams: Lands and waters contained
within a channel which support hydrophytes and where
the substrate is predominantly undrained hydric soils,
nonsoil and/or is saturated with water or covered by
water each growing season.
(7) Subclass, wetland: One of the wetland
subclasses in the United States Fish and Wildlife Ser-
vice publication, Classification of Wetlands and Deep-
water Habitats of the United States (December 1979). A
subclass is based on finer distinctions in life forms
and/or substrate materials. Examples of subclasses of
vegetation include needle-leafed evergreen, broad-
leafed evergreen, needle-leafed deciduous and broad-
leafed deciduous.
(t) (1) Threatened species: A regional plant or ani-
mal species which is likely to become endangered in the
foreseeable future throughout all or a significant portion
of its range. Such animal species are designated by the
Washington State Department of Wildlife pursuant to
Chapter 232-12 WAC or the United States Fish and
Wildlife Service.
(2) Toe of slope: A distinct topographic break
in slope at the lowermost limit of an area where the
ground surface drops ten (10) feet or more vertically
within a horizontal distance of twenty-five (25) feet.
(3) Top of slope: A distinct topographic break
in slope at the uppermost limit of an area where the
ground surface drops ten (10) feet or more vertically
within a horizontal distance of twenty-five (25) feet.
(u) (1) Unavoidable impacts: Impacts to a wetland
or stream or associated buffers that will remain after
project completion, when it has been demonstrated that
no practicable alternatives exist, that extraordinary
hardship exists or that the project is in the public inter-
est.
(w) (1) Water-dependent activity: Activity or use
that requires the use of surface water to fulfill the basic
purpose of the proposed project.
(2) Wetlands: Areas that are inundated or sat-
urated by surface water or groundwater at a frequency
and duration sufficient to support, and that under normal
circumstances do support, a prevalence of vegetation
typically adapted for life in saturated soil conditions.
Wetlands generally include small lakes, ponds, streams,
swamps, marshes, bogs, and similar areas. Wetlands do
not include those artificial wetlands intentionally cre-
ated from nonwetland sites, including but not limited to
irrigation and drainage ditches, grass-lined swales,
canals, detention facilities, farm ponds, and landscape
amenities if routinely maintained for those purposes.
20.14-5 (Revised 12/05)
Bremerton Municipal Code 20.14.080
However, wetlands do include those artificial wetlands
intentionally created to mitigate conversion of wetlands.
(3) Wetlands specialist: A person who has
earned a degree in one of the biological sciences from an
accredited college or university with specific course
work concerning the function and value of wetlands,
such as hydrology, soil classification, and plant identifi-
cation, with a minimum of four (4) years’ experience in
such fields. A qualified consultant or professional per-
son who has had equivalent education and training, or
with equivalent experience, may also qualify as a wet-
lands specialist for the purpose of performing wetland
delineations, analysis of functions and values and deter-
mination of possible mitigation. The person should be
familiar with the “Federal Manual for Identifying and
Delineating Jurisdictional Wetlands” (1989). (Ord.
4950 § 6 (part), 2005: Ord. 4422 § 1 (in part), 1993)
20.14.060 ADMINISTRATIVE
PROCEDURES.
(a) General. The administrative procedures con-
tained in Chapter 20.02 BMC shall apply unless modi-
fied by this chapter.
(b) Preapplication Consultations. Any person
intending to construct, grade or conduct any activity
subject to this chapter in a critical area is encouraged,
but not required, to meet with the staff of the Engineer-
ing Division, Public Works and Utilities Department,
during the earliest possible stages of project planning in
order to discuss impact avoidance and minimization and
compensation before large commitments have been
made to a particular project design. Effort put into pre-
application consultations and planning will help appli-
cants create projects which will be more quickly and
easily processed.
(c) Conditions. The Director may attach any con-
ditions deemed necessary to minimize or avoid impacts
to any critical area.
(d) Suspension/Revocation of Approval. The
Director may suspend or revoke an approval if it is
found that the applicant has not complied with the con-
ditions or limitations set forth in the approval or that the
applicant has exceeded the scope of the work set forth in
the approved proposal. The applicant may also be sub-
ject to enforcement. The Director shall cause notice of
revocation or suspension of an approval to be mailed by
certified mail to the property owner and by first class
mail to the parties of record.
In the event of a suspension or revocation, the
applicant will be required to submit a revised plan or
provide a new application, plans, and additional fees for
the approval process. The Director may require repair or
mitigation to any critical areas or buffers disturbed or
destroyed.
(e) Notice on Title. The owner of any property
upon which approval under BMC Title 20, Land Use, or
BMC Title 17, Buildings and Construction, is sought,
with a critical area or critical area buffer verified on-site
through an assessment, delineation or permit applica-
tion, shall record a notice of presence of the critical area
and/or buffer with the Kitsap County Auditor. Such
recording shall contain notice of the critical area and/or
buffer and the applicability of this chapter to said prop-
erty. Such notification shall be in a form as specified by
the Department of Community Development. The
notice shall be notarized and the applicant must submit
proof that the notice has been legally recorded before
the final approval for development is issued. The notice
shall run with the land and failure to record such notice
shall be in violation of this chapter. (Ord. 4950 § 6
(part), 2005: Ord. 4422 § 1 (in part), 1993)
20.14.070 AQUIFER RECHARGE AREAS.
(a) Classification. Classification of recharge areas
as critical areas shall be based upon the recharge poten-
tial and vulnerability of the aquifer to degradation and
contamination. High recharge potential and aquifer vul-
nerability is indicative of lands with high infiltration
potential of the soil, precipitation rates, and therefore
more susceptible to contaminants related to land use
activity. These areas are classified and designated in the
Kitsap County Ground Water Management Plan, Vol-
ume I, Exhibit II-14.
(b) Standards. Standards for development in aqui-
fer recharge areas shall be those adopted in the Kitsap
County Ground Water Management Plan except for
those areas designated in the Bremerton Area Compre-
hensive Plan for high density residential, commercial,
central business district, and industrial land uses. (Ord.
4950 § 6 (part), 2005: Ord. 4422 § 1 (in part), 1993)
20.14.080 FISH AND WILDLIFE HABITAT
CONSERVATION AREAS.
(a) Classification. Fish and wildlife habitat con-
servation areas are areas identified by the Washington
State Department of Wildlife as being of critical impor-
tance to the maintenance of fish and wildlife species.
These areas may include other critical areas such as geo-
logically hazardous areas, stream corridors, wetlands,
and these critical areas’ associative buffers.
(1) Potential Fish and Wildlife Habitat Con-
servation Areas. Fish and wildlife habitat areas may
include:
(i) Lands containing priority habitats and
species.
(ii) All public and private tidelands or
bedlands suitable for shellfish harvest, including any
shellfish protection districts established pursuant to
Chapter 90.72 RCW. The Washington State Department
(Revised 12/05)20.14-6
20.14.090
of Health’s classification system shall be used to clas-
sify commercial shellfish areas.
(iii) Kelp and eelgrass beds and herring
and smelt spawning areas. Kelp and eelgrass beds may
be classified and identified by the Washington State
Department of Natural Resources Aquatic Lands Pro-
gram and the Washington State Department of Ecology.
Locations are compiled in the Puget Sound Environ-
mental Atlas, Volumes 1 and 2. Herring and smelt
spawning times and locations are outlined in Chapter
220-110 WAC, Hydraulic Code Rules and the Puget
Sound Environmental Atlas.
(iv) Natural ponds under twenty (20)
acres and their submerged aquatic beds that provide crit-
ical fish or wildlife habitat.
(v) Waters of the state, which are defined
in WAC Title 222, Forest Practices Rules and Regula-
tions. Waters of the state must be classified using the
system in WAC 222-16-030. In classifying waters of the
state as fish and wildlife habitat conservation areas the
following may be considered:
(A) Species present which are endan-
gered, threatened, sensitive or priority;
(B) Species present which are sensi-
tive to habitat manipulation;
(C) Historic presence of priority spe-
cies;
(D) Existing surrounding land uses
that are incompatible with salmonid habitat;
(E) Presence and size of riparian eco-
system;
(F) Existing water rights; and
(G) The intermittent nature of some
of the higher classes of waters of the state.
(vi) Lakes, ponds, streams and rivers
planted with game fish, including those planted under
the auspices of a federal, state, local or tribal program
and waters which support priority fish species as identi-
fied by the Washington State Department of Wildlife.
(vii)State natural area preserves and natu-
ral resource conservation areas, which are defined,
established, and managed by the Washington State
Department of Natural Resources.
(2) Minimum Fish and Wildlife Habitat Con-
servation Areas. Any property meeting the requirements
of subsections (a)(1)(i) through (vii) of this section may
be classified as a fish and wildlife habitat conservation
area. At a minimum, all property meeting any of the fol-
lowing characteristics will be classified as a fish and
wildlife habitat conservation area:
(i) Lands containing endangered or
threatened species or habitats for endangered or threat-
ened species; and
(ii) Streams containing salmonids.
(b) Standards. Alteration of fish and wildlife habi-
tat conservation areas may reduce the likelihood that the
species will survive or reproduce. Activities allowed in
fish and wildlife habitat conservation areas shall be con-
sistent with the species located there and all applicable
state and federal regulations regarding that species.
Many of these marine habitats are regulated by the
Bremerton Shoreline Master Program and the Washing-
ton State Department of Fisheries hydraulic permit pro-
cess. The critical areas ordinance is designed to address
fish and wildlife habitat areas not previously addressed
by the Bremerton Shoreline Master Program, the Fisher-
ies hydraulic permit or other regulatory program. In
determining allowable activities, the provisions of the
Washington State Department of Wildlife’s Manage-
ment Recommendations for Washington Priority Habi-
tats and Species shall be reviewed. Development in
these areas shall be in accordance with the requirements
of the underlying zone and any overlapping critical area
classification. (Ord. 4950 § 6 (part), 2005: Ord. 4422 § 1
(in part), 1993)
20.14.090 FLOOD HAZARD AREAS.
(a) Classification. Classifications of flood hazard
areas shall be consistent with the one hundred (100) year
floodplain designation of the Federal Emergency Man-
agement Agency and the National Flood Insurance Pro-
gram.
(b) Standards. All development proposals shall
comply with Chapter 17.60 BMC for general and spe-
cific flood hazard protection. Development shall not
reduce the base flood water storage ability. Construc-
tion, grading or other regulated activities which would
reduce the flood water storage ability must be mitigated
by creating compensatory storage on-site or off-site.
Base flood data and flood hazard notes shall be shown
on the face of any recorded plat or site plan including,
but not limited to, base flood elevations, flood protec-
tion elevation, boundary of floodplain, and zero rise
floodway. (Ord. 4950 § 6 (part), 2005: Ord. 4422 § 1 (in
part), 1993)
20.14.100 GEOLOGICALLY HAZARDOUS
AREAS.
(a) General. Geologically hazardous areas include
areas susceptible to erosion, sliding, earthquake or other
geological events. Geologically hazardous areas include
erosion hazard areas, landslide hazard areas, moderate
and steep slopes, and seismic hazard areas.
(b) Classification.
(1) General. Geologically hazardous areas
shall be classified based upon landslide history and the
presence of unstable soils, steep slopes, high erosion
potential and seismic hazards. Areas in this classifica-
tion are a potential threat to public health, safety and
20.14-7 (Revised 12/05)
Bremerton Municipal Code 20.14.100
welfare when construction or incompatible land uses are
allowed. Some potential risk due to construction in geo-
logically hazardous areas can be reduced through struc-
tural design. Construction in geologically hazardous
areas should be avoided when potential risk to public
health and safety cannot be reduced to a level of risk
comparable to the level of risk if the site were left in its
natural state.
(i) In determining the significance of the
risk to public health and safety in a geologically hazard-
ous area, the following criteria may be used:
(A) Potential economic, health, and
safety impacts related to construction in these areas;
(B) Soil type, slope, and vegetative
cover; and
(C) Available documentation of the
following:
1. The history of soil move-
ment,
2. The presence of mass wast-
age,
3. Debris flows,
4. Rapid stream incision,
5. Stream bank erosion or
undercutting by wave action, or
6. The presence of alluvial fan
which may be subject to inundation by debris flows or
deposition of stream-transported sediments.
(ii) Classification as a critical area may be
based upon the risk to development in geologically haz-
ardous areas.
(2) Erosion hazard areas shall be as defined by
the United States Department of Agriculture Soil Con-
servation Service, United States Geologic Survey or by
the Washington State Department of Ecology Coastal
Zone Atlas. The following classes are erosion hazard
areas:
(i) Class U (Unstable) includes severe
erosion hazards and rapid surface runoff areas,
(ii) Class Uos (Unstable old slides)
includes areas having severe limitations due to slope,
(iii) Class Urs (Unstable recent slides),
and
(iv) Class I (Intermediate).
(3) Landslide hazard areas shall include areas
subject to severe risk of landslide based on a combina-
tion of geologic, topographic, and hydrologic factors.
These areas may be identified by using information
from the United States Department of Agriculture Soil
Conservation Service, United States Geologic Survey or
the Washington State Department of Ecology Coastal
Zone Atlas. Landslide hazard areas include the follow-
ing:
(i) Any area characterized by slopes
greater than fifteen (15) percent; impermeable soils
(typically silt and clay) frequently interbedded with per-
meable granular soils (predominantly sand and gravel)
or impermeable soils overlain with permeable soils; and
springs or groundwater seepage;
(ii) Any area which has exhibited move-
ment during the Holocene epoch (from ten thousand
(10,000) years ago to present) or which is underlain by
mass wastage debris of that epoch;
(iii) Any area potentially unstable due to
rapid stream incision, stream bank erosion or undercut-
ting by wave action;
(iv) Any area located on an alluvial fan
presently subject to or potentially subject to inundation
by debris flows or deposition of stream-transported sed-
iments;
(v) Any area with a slope of forty (40)
percent or greater and with a vertical relief of ten (ten)
or more feet;
(vi) Any area with slope defined by the
United States Department of Agriculture Soil Conserva-
tion Service as having a “severe” limitation for building
site development; and
(vii)Any shoreline designated or mapped
as class U, Uos, Urs or I by the Washington State
Department of Ecology Coastal Zone Atlas.
(4) Slopes.
(i) Moderate slopes shall include any
slope greater than or equal to twenty-five (25) percent
and less than forty (40) percent.
(ii) Steep slopes shall include any slope
greater than or equal to forty (40) percent.
(5) Seismic hazard areas shall include areas
subject to severe risk of earthquake damage as a result
of seismic-induced settlement, shaking, slope failure or
soil liquefaction. These conditions occur in areas under-
lain by soils of low cohesion or density usually in asso-
ciation with a shallow groundwater table. Seismic
hazard areas shall be as defined by the United States
Department of Agriculture Soil Conservation Service,
United States Geologic Survey or by the Washington
State Department of Ecology Coastal Zone Atlas. The
following classes are seismic hazard areas: Class U
(Unstable), Class Uos (unstable old slides), Class Urs
(Unstable recent slides), Class I (Intermediate) and
Class M (Modified).
(c) Standards.
(1) Erosion Hazard Areas.
(i) Erosion Control Plan. Applicant shall
submit an erosion control plan prior to approval of pro-
posal. Plans shall be consistent with the guidelines set
(Revised 12/05)20.14-8
20.14.100
forth in Section, Excavation and Grading, of the Official
Code of the City of Bremerton.
(ii) Land Modifications. All authorized
clearing for roads, utilities, etc., shall be limited to the
minimum necessary to accomplish construction. All
land modifications of erosion hazard sites shall meet the
following requirements:
(A) Clearing, grading or filling of
sloped sites containing erosion hazard areas shall be
limited to the period between April 1st and October 1st.
(B) All clearing shall be marked in
the field for inspection and approval prior to alteration
of site.
(C) The face of cut and fill on slopes
shall be prepared and maintained to control against ero-
sion.
(2) Landslide Hazard Areas. All development
proposals on sites containing landslide hazards shall
comply with the following requirements:
(i) Land Modifications. Landslide haz-
ard areas located on slopes forty (40) percent or greater
shall be altered only as allowed under the standards for
steep slopes as set forth in this section. Landslide hazard
areas and land adjacent to such a hazard area located on
slopes less than forty (40) percent may be altered:
(A) If the proposal will not increase
surface water discharge or sedimentation within said
landslide hazard area;
(B) If the proposal will not decrease
adjacent property slope stability; and
(C) If it can be demonstrated through
geotechnical analysis that there is no significant risk to
the development proposal or adjacent properties, or that
the proposal can be designed so that the landslide hazard
is significantly eliminated.
(ii) Buffers. Unless the land modification
is approved under the provisions in subsection (c)(2)(i)
of this section, a minimum buffer of fifty (50) feet shall
be provided from the edge of all landslide hazard areas
regardless of percent of slope. The buffer may be
extended by the Director beyond these limits to mitigate
erosion hazards.
(3) Slopes. Grading, vegetation removal and
other soil disturbances on slopes can lead to erosion or
landslides. If the amount of the slope disturbed is
decreased, then the risk of erosion and landslides
decreases. The risk is also less on slopes which are less
steep. Therefore, all soil disturbances on moderate and
steep slopes shall be reviewed and certain standards are
required to be met depending on the percent of slope.
(i) The following sets forth guidelines
for maximum soil disturbance depending on the percent
slope:
(ii) Location of development on moder-
ate and steep slopes shall meet the following standards:
(A) Development must be located to
minimize soil disturbance and removal of vegetation, to
protect sensitive areas and to retain open space;
(B) Structures must be clustered
where possible to reduce soil disturbance and maintain
the natural topography; and
(C) Structures should conform to the
natural contour of the slope and foundations should be
tiered, where possible, to conform to the existing topog-
raphy of the site.
(iii) Design of development on moderate
and steep slopes shall meet the following standards:
(A) All development proposals shall
be designed to minimize the footprint of building and
other disturbed areas. Common access drives and utility
corridors are encouraged;
(B) All development shall be
designed to minimize impervious lot coverage and
should incorporate under-structure parking and multi-
level structures within the existing height limit;
(C) Roads, walkways and parking
areas should be designed to parallel the natural contours;
and
(D) Access shall be in the least sensi-
tive area of the site.
(E) Where the proposal exceeds the
soil disturbance guidelines of subsection (c)(3)(i) of this
section, it shall be demonstrated through a soils report
prepared by a geological hazards specialist that no sig-
nificant adverse impact will result.
(iv) Additional standards for steep slopes:
(A) Only the following land modifi-
cations are allowed without a soils report as specified in
subsection (c)(3)(iii)(E) of this section, and provided
that the guidelines in subsection (c)(3)(i) of this section
are met:
1. Where approved surface
water conveyance will result in minimum vegetation
removal and soil disturbance on the slope,
2. The construction of
approved public or private trails, provided they are con-
Slope Disturbance Allowed
1-24% 100%
25-39% 45%
40% or greater 0%
20.14-9 (Revised 12/05)
Bremerton Municipal Code 20.14.130
structed in a manner which will not contribute to surface
water runoff,
3. The construction of public or
private utility corridors, provided it has been demon-
strated that such construction will not significantly
increase landslide or erosion risks, or
4. Trimming and limbing of
vegetation for the creation and maintenance of view cor-
ridors; provided, that the soils are not disturbed and the
loss of vegetative cover will not significantly increase
risks of landslide or erosion.
(B) In all other cases, no land modifi-
cation is allowed on a steep slope and a minimum fifteen
(15) foot vegetation buffer shall be established from the
top, toe and along all sides of the slope. The buffer may
be extended beyond these limits on a case-by-case basis
to mitigate landslide and erosion hazards.
(4) Seismic Hazard Areas. Standards for
development in seismic hazard areas shall be in accor-
dance with the provisions of Chapter 17.04 BMC, City
Building Code. (Ord. 4950 § 6 (part), 2005: Ord. 4422
§ 1 (in part), 1993)
20.14.110 WETLANDS AND STREAM
CORRIDORS.
BMC 20.14.120 through 20.14.270 apply to wet-
lands and stream corridors only. (Ord. 4950 § 6 (part),
2005: Ord. 4422 § 1 (in part), 1993)
20.14.120 WETLANDS AND STREAM
CORRIDORS - APPLICABILITY.
This chapter does not apply to wetlands or streams
waterward of the ordinary high water mark of any body
of water regulated by the Shoreline Management Act.
(Ord. 4950 § 6 (part), 2005: Ord. 4422 § 1 (in part),
1993)
20.14.130 CLASSIFICATION.
(a) General. A wetland or stream classification
shall be established based upon the completion of a
delineation report to determine boundary, size, function,
and value. Guidelines for preparing stream corridor and
wetland delineation reports are defined in BMC
20.14.140(c) and the “Federal Manual for Identifying
and Delineating Jurisdictional Wetlands” (1989).
(b) Streams shall be classified type I, II and III in
accordance with the following criteria:
(1) Type I Streams. Those streams invento-
ried as shorelines of the state and regulated by the
Shoreline Master Program of the City of Bremerton and
the State Shoreline Management Act.
(2) Type II Streams. Those streams which are
smaller than type I streams and flow year-round during
periods of normal rainfall. Streams used by salmonids
and/or that have significant salmonid habitat whether
flowing year-round or intermittent. Streams which flow
directly into streams that are used by salmonids or have
significant salmonid habitat, whether flowing year-
round or intermittent, are type II streams.
(3) Type III Streams. Those streams that are
intermittent or ephemeral during years of normal rain-
fall and are not used by salmonids and do not have sig-
nificant salmonid habitat or flow directly into streams
used by salmonids or which have significant salmonid
habitat.
(c) Wetlands shall be classified type I, II, III and
IV, in accordance with the following criteria from the
Washington State Wetlands Rating System for Western
Washington developed by the Washington State Depart-
ment of Ecology. The Washington State Department of
Ecology has developed a methodology for rating wet-
lands under this rating system. That methodology shall
be used in rating wetlands under this chapter. It is con-
tained in Washington State Department of Ecology Pub-
lication Number 91-57 (October 1991).
(1) Type I wetlands are wetlands categorized
as meeting one (1) of the following:
(i) Documented habitat recognized by
federal or state agencies for threatened or endangered
species of plant or possibly extinct or extirpated plant,
animal or fish;
(ii) Documented high-quality Natural
Heritage wetland sites or high-quality native wetland
communities which qualify as Natural Heritage wetland
sites;
(iii) Documented habitat of regional
(Pacific coast) or national significance for migratory
birds;
(iv) Regionally rare wetland communities
with irreplaceable ecological functions, including, but
not limited to, sphagnum bogs and fens, estuarine wet-
lands, or mature forested swamps; or
(v) Wetlands of exceptional local signifi-
cance. The criteria for identifying these wetlands may
include, but not be limited to, rarity, groundwater
recharge areas, significant habitats, unique educational
sites, or area where plant associations of infrequent
occurrence such as high and low salt marsh systems,
bogs or coniferous forested wetlands occurring on
organic soils.
(2) Type II wetlands are categorized as meet-
ing one (1) of the following:
(i) Documented habitat for sensitive spe-
cies of plant, animal or fish recognized by federal or
state agencies;
(ii) Wetlands with documented priority
habitats or species recognized by state agencies;
(Revised 12/05)20.14-10
20.14.140
(iii) Wetlands with significant functions
which may not be adequately replicated through cre-
ation or restoration; or
(iv) Regulated wetlands with significant
habitat value based on diversity and size; or
(v) Regulated wetlands contiguous with
salmonid fish-bearing waters, including streams where
flow is intermittent; or
(vi) Regulated wetlands with significant
use by fish and wildlife; or
(vii)Wetlands equal to or greater than one
(1) acre in size and having three (3) or more wetland
classes.
(3) Type III wetlands are defined as those
wetlands that do not contain features outlined in type I,
II or IV.
(4) Type IV wetlands are defined as those
hydrologically isolated wetlands that do not meet the
criteria of a type I or II wetland and are:
(i) Equal to or less than one (1) acre in
size, have only one (1) wetland class and have only one
(1) dominant plant species (monotypic vegetation); or
(ii) Equal to or less than two (2) acres in
size, have only one (1) wetland class and a predomi-
nance of exotic species. (Ord. 4950 § 6 (part), 2005:
Ord. 4476 § 1, 1994; Ord. 4422 § 1 (in part), 1993)
20.14.140 REVIEW PROCESS.
(a) Overview. Application for a wetland or stream
assessment, delineation or permit by one (1) or more
property owners or applicants shall be made to the
Department of Community Development. The Depart-
ment of Community Development may utilize informa-
tion from the United States Department of Agriculture
Soil Conservation Service, the United States Geological
Survey, the Washington State Department of Ecology,
the Coastal Zone Atlas, the National Wetlands Inven-
tory maps, Bremerton topography maps, and the Kitsap
County critical lands map to establish general locations
and/or verify the location of any wetland or stream site.
The Director shall make an initial assessment, which
may require plans as specified in subsection (c) of this
section and a site inspection, to determine whether a
delineation report is required. If a delineation report is
required, the Director will then determine whether a
wetland or stream development permit is required.
Review by the Department of Community Development
will generally be in accordance with the following pro-
cess, except as provided in BMC 20.14.150 or
20.14.160:
(1) If, after the comment period, site inspec-
tion, and preliminary review of plans, it is determined
by the Director that:
(i) No adverse impacts will occur to the
wetland or stream and/or adjacent buffer zones; and
(ii) The proposed use or structure is
located beyond the required buffer zones based upon
wetland type, then:
(A) The Director issues a written
decision (permit) stating reasons for exemption; and
(B) The decision is sent to parties of
record per subsection (e) of this section allowing time
for an appeal in accordance with BMC 20.14.300.
(2) If, after the comment period, site inspec-
tion, and preliminary review of plans, the Director is
unable to determine the wetland or stream delineation or
potential adverse impacts on the wetland or stream
and/or its adjacent buffer zones, then a delineation
report is required per subsection (c) of this section.
(i) If the applicant can meet the mini-
mum buffer requirement as provided in BMC 20.14.220
and the applicant can demonstrate no adverse impacts to
the stream or wetland and/or buffer, including storm
runoff discharging into an approved storm drainage sys-
tem, then:
(A) No mitigation plans are required;
(B) The Director issues a written
decision (permit) stating reasons for exemption; and
(C) The decision is sent to parties of
record per subsection (e) of this section allowing time
for an appeal in accordance with BMC 20.14.300.
(ii) If there will be adverse impacts to the
wetland or stream or the applicant cannot meet the min-
imum buffer requirements as provided in BMC
20.14.220, then:
(A) The applicant must demonstrate:
1. In addition to the application
material required in that section, the applicant shall sub-
mit a report prepared by a wetland specialist, and fund a
review of this report by the City’s wetland specialist
consultant, except that a modification necessary for the
construction of a single-family residence shall not be
required to fund an independent review by the City’s
wetland consultant. This report must contain an assess-
ment of the habitat, water quality purification and
enhancement, storm water detention, ground water
recharge, shoreline protection, and erosion protection
functions of the wetland and/or buffer for the wetland
and the effect on those functions caused by the proposed
improvement or land surface modification. The Director
of Community Development may approve an improve-
ment or land surface modification in a wetland or buff-
ers for a wetland under this paragraph in accordance
with the criteria set forth in BMC 20.14.220 and
20.14.230; or
20.14-11 (Revised 12/05)
Bremerton Municipal Code 20.14.140
2. The application of these
standards presents an extraordinary hardship in accor-
dance with BMC 20.14.240; or
3. The proposal is in the public
interest in accordance with BMC 20.14.250; and
(B) Mitigation is required in accor-
dance with BMC 20.14.260; and
(C) The Director either:
1. Issues a written decision
(permit) specifying conditions of approval, and the deci-
sion is sent to parties of record per BMC 20.14.140(e),
allowing time for appeal in accordance with BMC
20.14.300; or
2. Determines that a public
hearing pursuant to the Bremerton Municipal Code is
required:
i. Notice is sent to property
owners within three hundred (300) feet regarding the
public hearing, allowing time for comment and testi-
mony,
ii. The Administrative Hearing
Examiner pursuant to Chapter 2.13 BMC issues a deci-
sion (permit) specifying conditions of approval, and
iii. The decision is sent to par-
ties of record, allowing time for appeal pursuant to the
Bremerton Municipal Code.
(b) An applicant may request verification of a wet-
land or stream delineation without submitting plans for
a specific project. Such delineation verification will be
issued by the Director and shall be valid for three (3)
years.
(c) Submittal Requirements.
(1) General. The review process occurs in
stages and the applicant is also required to submit vari-
ous information to the Department of Community
Development in stages. The information that is gener-
ally required at each stage is outlined in subsections
(c)(2) through (4) of this section. An applicant may sub-
mit all the information at one time. An applicant who is
only requesting a delineation verification is not required
to submit information concerning a specific develop-
ment project.
(2) Application for Assessment.
(i) Site plan drawn to scale indicating:
(A) The width, length, height, and
use of all existing and proposed structures, roads, park-
ing lots, landscaped areas, watercourses, drainage ways,
and water, wastewater and storm water facilities; and
(B) General wetland or stream
boundary;
(ii) Site topography, including any area
that may be filled or impacted and specifying existing
and finished contours of the development site;
(iii) Legal description of the development
site; and
(iv) Identification of adjacent land uses.
(3) Delineation Report. The delineation of
wetlands or streams shall be established by a wetlands
specialist in accordance with the “Federal Manual for
Identifying and Delineating Jurisdictional Wetlands”
(1989). In the event of conflicts regarding information
in the delineation report, the Director may, at the appli-
cant’s expense, obtain competent expert services to ver-
ify information and establish a final delineation. The
delineation report shall contain the following:
(i) Site plan prepared by a licensed sur-
veyor, indicating the wetland or stream boundary as
determined by the wetlands specialist;
(ii) Legal description of the wetland or
stream;
(iii) A description of the wetland or stream
that will be affected describing:
(A) Vegetation type, common plants
and general characteristics of the habitat, water sources
and wildlife; and
(B) Soil types;
(iv) The specifications of all proposed
draining, excavation, filling, grading or dredging,
including exact locations, amounts and methods; and
(v) A description of any vegetation pro-
posed to be cleared or removed.
(4) Application for Permit.
(i) A statement of the purpose, goals, and
objectives of the project;
(ii) A description of the direct and indi-
rect physical and biological impacts of the project; and
(iii) Identification of which test(s) the
applicant believes applies, an explanation of why the
applicant believes it applies and an analysis of how the
applicant intends to meet the requirements of the test(s)
(see BMC 20.14.240 and 20.14.250).
(5) The Director may require additional infor-
mation at any stage of the review of the applicant’s
project. Such information could include, but not be lim-
ited to, the following:
(i) Documentation of a wetland or
stream delineation by a wetlands specialist and licensed
surveyor;
(ii) Assessment and documentation of the
wetland or stream’s functional characteristics, along
with its ecological, aesthetic, economic, and other val-
ues;
(iii) Study of potential flood, erosion or
other hazards on the site and provisions for protective
measures that might be taken to reduce such hazards;
and
(Revised 12/05)20.14-12
20.14.150
(iv) Any other information deemed neces-
sary to verify compliance with the provisions of this
chapter.
The Director shall review the information submit-
ted as to its validity and may reject it as incomplete or
incorrect.
(d) Filing Fees. A wetland or stream development
fee shall be paid at the time of application. Upon filing
such application and prior to administrative review, the
applicant shall pay a wetland or stream assessment fee
to the City Treasurer. If a delineation report is required
after the administrative assessment, the applicant shall
pay a fee based upon full cost of processing such appli-
cation. The purpose of said fee is to defray the City’s
cost of processing the application and the cost of mail-
ing decisions and/or notice of public hearings. These
fees shall be used to cover the costs of reviewing the
delineation report, processing the application, providing
notice, and issuing the decision. Fees may also be
required to retain expert consultants to provide services
pertaining to wetland boundary delineation, functional
assessments, classification, and mitigation measures, as
deemed necessary by the Director.
(e) Notice of Application. A notice of application
will be required for all wetland and stream assessments,
delineations or permits. Within thirty (30) days of
receiving a completed application, the Director shall
notify the property owner, if different than the applicant;
the owners of property within three hundred (300) feet
of the subject property, as indicated by the records of the
Kitsap County Assessor; qualified neighborhood or
community organizations, and any agencies or tribal
governments with jurisdiction over the subject matter of
the application; provided, however, that upon a finding
of the existence of unusual circumstances the Director
may extend said thirty (30) day time period. These indi-
viduals and groups will be given fourteen (14) days to
comment on the application, and no action will be taken
before the end of the comment period. However, said
notice of application and comment period is not required
in cases where a public hearing is scheduled. Where a
notice of application and comment period has been pro-
vided, a copy of the decision shall be sent to the appli-
cant, property owner, and parties of record.
If a public hearing is required, notice shall be
required in accordance with the Bremerton Municipal
Code. (Ord. 4950 § 6 (part), 2005: Ord. 4798, Amended,
05/10/2002; Ord. 4476 § 2, 1994; Ord. 4422 § 1 (in
part), 1993)
20.14.150 ALTERNATIVE REVIEW
PROCESS.
(a) Applicability. The alternative review process
outlined below will be used in cases where a Section 404
individual permit is required from the United States
Army Corps of Engineers.
(b) Overview. The applicant shall notify the Direc-
tor when the applicant applies for the Section 404 permit
or contacts the Corps concerning a specific project. The
applicant shall keep the Director apprised of the pro-
cessing of the permit by the Corps, including notifying
the Director of all hearings or meetings scheduled to dis-
cuss the applicant’s project, potential mitigation or
approval. The review process of the Corps will substi-
tute for the review process outlined in BMC
20.14.140(a). City of Bremerton participation in the
Corps’ review process does not constitute approval of
the applicant’s project by the City. A wetland or stream
development permit will be approved or denied by the
Director based upon the substantive provisions of BMC
20.14.170 through 20.14.270. However, the Director
shall consider the mitigation requirements as set forth by
the commenting agencies during the Corps’ review pro-
cess and shall concur with that mitigation, if it is func-
tionally equivalent with the requirements of this
chapter.
(c) Submittal Requirements. The applicant shall
submit the information specified in BMC
20.14.140(c)(2), (3), and (4) to the Department of Com-
munity Development when filing for the Corps’ permit.
The Director may also require the submittal of any addi-
tional information deemed necessary.
(d) Filing Fees. Fees, as specified in BMC
20.14.140(d), shall be required; provided, however, that
the fee for wetland or stream assessment shall not be
required.
(e) Notice of Application. A notice of application
will be required as provided for in BMC 20.14.140(e).
(Ord. 4950 § 6 (part), 2005: Ord. 4422 § 1 (in part),
1993)
20.14.160 CLEANUP REVIEW PROCESS
AND STANDARDS.
(a) Applicability. The cleanup review process and
standards outlined below will be used in cases involving
cleanup actions under the federal Comprehensive Envi-
ronmental Response, Compensation and Liability Act
(CERCLA), the federal Resource, Conservation and
Recovery Act (RCRA), the federal Clean Water Act
(CWA), the state Model Toxics Control Act (MTCA) or
the state Water Pollution Control Act (WPCA). Any
voluntary cleanup cases which are not overseen by the
Environmental Protection Agency or the Washington
State Department of Ecology are subject to the review
process in BMC 20.14.140.
(b) Purpose. One purpose of CERCLA, RCRA,
CWA, MTCA and WPCA is to clean up hazardous sub-
stances in the environment. Generally, under these reg-
ulations, an investigative study is prepared first to
determine the extent of the contamination, then cleanup
options are reviewed and, finally, a cleanup option is
determined and an order is issued specifying what
20.14-13 (Revised 12/05)
Bremerton Municipal Code 20.14.200
cleanup must be done and when it must be accom-
plished. At times, cleanup efforts involve work in wet-
lands and streams making this chapter applicable. The
following review process and standards have been
developed because it is in the best interest of the general
public to remedy past degradation and damage to the
environment.
(c) Standards. The applicant will not be required to
demonstrate compliance with the extraordinary hard-
ship test in BMC 20.14.240, or the public interest test in
BMC 20.14.250. The applicant must, however, provide
mitigation for any wetland or stream degraded or
destroyed in accordance with BMC 20.14.260.
(d) Process. The procedures of the review process
outlined in BMC 20.14.140 will be used to review miti-
gation plans required by subsection (c) of this section,
except that all decisions will be administrative in an
attempt to shorten the review process and to facilitate
the applicant’s meeting the time restrictions of the
cleanup order.
(e) Exemption. All work performed in the investi-
gative stage to determine the extent of the contamina-
tion, such as test pits or holes, shall be reviewed and
approved according to this subsection. The applicant or
party performing the investigative work shall submit a
letter explaining the work to be performed to the Depart-
ment of Community Development. The proposal will be
reviewed and approved by the Director, provided the
site will be restored to the condition in which it was
prior to the investigative work. The Director shall have
the authority to place conditions on such approval. (Ord.
4950 § 6 (part), 2005: Ord. 4422 § 1 (in part), 1993)
20.14.170 PERMITTED USES/ACTIVITIES.
The uses and activities listed below may be allowed
on a site-specific basis, after consideration by the Direc-
tor, to the extent they are not prohibited by any other
ordinance or law. The work shall be conducted using
best management practices to ensure that flow, circula-
tion patterns, and chemical and biological characteris-
tics of the stream or wetland are not impaired. Any
unavoidable adverse impact affecting the aquatic envi-
ronment must be mitigated.
(a) Conservation or preservation of soil, water,
vegetation, fish, shellfish and other wildlife;
(b) Outdoor passive recreational activities, includ-
ing fishing, bird watching, walking or hiking trails and
nonmotorized boating; or
(c) Education and scientific research. (Ord. 4950
§ 6 (part), 2005: Ord. 4422 § 1 (in part), 1993)
20.14.180 TEMPORARY EMERGENCY
PERMITS.
The Director may issue a temporary emergency
permit, provided an application is filed for a wetland or
stream development assessment or permit within five
(5) days, if it is deemed that an unacceptable threat to
life or severe loss of property will occur if an emergency
permit is not granted. This permit may be terminated at
any time without process upon determination by the
Director that the action was not or is no longer neces-
sary. The Director may within ninety (90) days require
the action to be processed in accordance with all the pro-
visions of this chapter. (Ord. 4950 § 6 (part), 2005: Ord.
4422 § 1 (in part), 1993)
20.14.190 REGULATED USES/ACTIVITIES.
Pursuant to the requirements of this chapter, a per-
mit shall be obtained prior to undertaking any of the fol-
lowing activities within a wetland or stream and/or its
adjacent associated buffer:
(a) Filling, placing or dumping any soil, loam,
peat, sand, gravel, rock, chemical substance, refuse,
trash, rubbish, debris or dredge material;
(b) Excavating, dredging or clearing any soil,
loam, peat, sand, gravel, rock, vegetation, trees or min-
eral substance;
(c) Discharge of hazardous substances, including
but not limited to heavy metals, pesticides, petroleum
products or secondary effluent;
(d) Any act which results in draining, flooding or
disturbing the water level or table;
(e) Alteration, construction, demolition or recon-
struction of a structure or infrastructure, including driv-
ing pilings or placing obstructions;
(f) Destroying or altering vegetation through
clearing, harvesting, shading, pruning or planting vege-
tation that would alter the character of the site; and
(g) Any act or use which would destroy natural
vegetation; result in significant change in water level,
water temperature, physical or chemical characteristics
of the wetland or stream; substantially alter existing pat-
tern of tidal flow; obstruct the flow of sediment or alter
the natural contours of a site. (Ord. 4950 § 6 (part),
2005: Ord. 4422 § 1 (in part), 1993)
20.14.200 CONDITIONS.
(a) The Director shall have the authority to attach
such conditions to the granting of any permit under this
chapter deemed necessary to mitigate adverse impacts
and carry out the provisions of this chapter. Such condi-
tions may include, but are not limited to, the following:
(1) Limitations on minimum lot size;
(2) Provisions for additional vegetative buffer
zones depending on the intensity of the use or activity;
(3) Requirements that structures be elevated
on piles, limited in size or located with additional set-
back requirements;
(4) Dedication of utility easements;
(5) Modification of waste disposal or water
supply facilities;
(Revised 12/05)20.14-14
20.14.210
(6) Imposition of easement agreements or
deed restrictions concerning future use and subdivision
of lands;
(7) Limitation of vegetation removal;
(8) Setting minimum open space require-
ments;
(9) Erosion control and storm water manage-
ment measures, including restrictions on fill and other
activities in the wetland or stream; and
(10)Development of a plan involving the cre-
ation or enhancement of a stream corridor or wetland or
restoration of a damaged or degraded stream corridor or
wetland, to compensate for adverse impacts.
(b) Compensation as a Condition. As a condition
of a permit or as an enforcement action under this chap-
ter, the City may require that the applicant provide com-
pensation to offset, in whole or part, the potential loss
resulting from an applicant’s or violator’s action or pro-
posal. Such compensation may include the enhancement
of a stream corridor or wetland, the restoration of a dam-
aged or degraded wetland or stream or the creation of a
new wetland or stream. In making a determination as to
whether such a requirement will be imposed, and if so,
the degree to which it would be required, the Director
shall consider but not be limited to the following:
(1) The long-term and short-term effects of
the action and the reversible or irreversible nature of the
impairment to or loss of the wetland or stream;
(2) The location, size, and type of and benefit
provided by the original and altered wetland or stream;
(3) The effect the proposed work may have
upon the remaining ecosystem or associated aquatic sys-
tem;
(4) The cost and likely success of the compen-
sation measures in relation to the magnitude of the pro-
posed project or violation;
(5) The observed or predicted trend with
regard to the gains or losses of the specific type of wet-
land or stream; and
(6) The extent to which the applicant has dem-
onstrated a good-faith effort to incorporate measures to
minimize and avoid impacts within the project. (Ord.
4950 § 6 (part), 2005: Ord. 4422 § 1 (in part), 1993)
20.14.210 GENERAL PERMIT STANDARDS.
The Director shall issue wetland or stream develop-
ment permits in accordance with the wetland or stream
classification. No regulated activity or use shall be per-
mitted within a wetland or stream corridor without prior
approval and without meeting the provisions of this sec-
tion. A permit for development in or adjacent to wet-
lands or stream corridors shall only be granted if it has
been demonstrated that the permit, as conditioned, is
consistent with the provisions of this chapter and pro-
vided:
(a) The applicant has taken appropriate action to
avoid adverse impacts or to minimize or compensate for
unavoidable impacts;
(b) The result of the proposed activity is no net
loss of wetland functions or values; or
(c) The applicant can demonstrate that denial of
the requested permit would result in an extraordinary
hardship. (Ord. 4950 § 6 (part), 2005: Ord. 4422 § 1 (in
part), 1993)
20.14.220 BUFFERS.
(a) General. A buffer zone shall be provided for all
uses and activities adjacent to a wetland area or stream
corridor to protect the integrity, function, and value of
the wetland or stream. Buffers between regulated activ-
ities and wetlands or stream corridors are important
because they help to stabilize soils, prevent erosion, act
as filters for pollutants, enhance wildlife diversity, and
support and protect wetland plants and wildlife. A per-
mit may be granted if it has been demonstrated that no
adverse impact to a wetland will occur and a minimum
buffer width will be provided in accordance with this
section. The buffer shall be measured from the upland
edge of the wetland or stream and shall consist of an area
of natural, enhanced or new native vegetation.
(b) Minimum Requirement.
(1) Wetlands.
(i) Wetland buffer widths shall be estab-
lished as follows, based on wetland classification:
(ii) Modification. For type III and type IV
wetlands and buffers for type III and type IV wetlands,
the applicant may request a modification of the require-
ments of this section using the review process described
in BMC 20.14.140. In addition to the application mate-
rial required in BMC 20.14.140, the applicant shall sub-
mit a report prepared by a wetland specialist, and fund a
review of this report by the City’s wetland specialist
consultant, except that a modification necessary for the
construction of a single-family residence shall not be
required to fund an independent review by the City’s
wetland consultant. This report must contain an assess-
ment of the habitat, water quality purification and
enhancement, storm water detention, ground water
recharge, shoreline protection, and erosion protection
functions of the wetland and/or buffer and the effect on
those functions caused by the proposed improvement or
land surface modification. The Director of Community
Type I 200 feet
Type II 100 feet
Type III 50 feet
Type IV 25 feet
20.14-15 (Revised 12/05)
Bremerton Municipal Code 20.14.220
Development may approve an improvement or land sur-
face modification in a wetland or environmentally sen-
sitive area buffers for a wetland under this subsection
only if he/she finds that:
(A) It will not adversely affect water
quality;
(B) It will not destroy, nor damage,
or disrupt a significant habitat area;
(C) It will not have an adverse effect
on drainage and/or storm water detention capabilities;
(D) It will not lead to unstable earth
conditions or create erosion hazards;
(E) It will not be materially detri-
mental to any other property in the area of the subject
property or to the City as a whole; and
(F) It will result in land surface mod-
ification of not more than one (1) acre, nor more than
twenty-five (25) percent of the wetland on the subject
property.
(G) Mitigation is provided as
required in accordance with BMC 20.14.260.
(2) Streams. Streams with riparian wetland
habitats shall have the buffer widths which apply to their
wetland classification or the following buffer widths,
whichever is more restrictive.
(i) Minimum buffer widths based on
stream classification and the intensity of use and/or
activity are:
(A) Type I streams: As set forth in the
Bremerton Shoreline Master Program, or the same as
type II streams below, whichever is greater.
(B) Type II streams:
1. Streams used by salmonids
and/or have significant salmonid habitat shall have a
minimum one hundred (100) foot buffer.
2. High intensity uses/activi-
ties shall have a minimum one hundred (100) foot
buffer.
3. Low intensity uses/activities
shall have a minimum fifty (50) foot buffer.
4. Streams which flow directly
into streams that are used by salmonids or have signifi-
cant salmonid habitat shall have a minimum fifty (50)
foot buffer.
(C) Type III streams: A minimum
twenty-five (25) foot buffer.
(ii) For streams with banks within
twenty-five (25) feet of the toe of slopes which are
twenty-five (25) percent or greater, the required buffer
width shall be the minimum buffer width for that stream
type or a buffer width which extends twenty-five (25)
feet beyond the top of the slope, whichever setback pro-
vides the maximum buffer.
(c) Buffer areas or buffer widths may be modified,
on a case-by-case basis, by averaging, decreasing or
increasing widths under the following conditions. In
making determinations concerning the modification of
buffers, the Director shall consider the relationship
between the size in area of the buffers on-site and the
size in area of the wetlands or streams on-site.
(1) Averaging shall be allowed only where the
following is demonstrated:
(i) Variations in sensitivity exist because
of physical characteristics;
(ii) The least intense land use will be
adjacent to reduced buffer width;
(iii) Width averaging will not adversely
impact wetland function or value; and
(iv) Total area contained within the aver-
aged buffer is equal to the minimum required within the
standard buffer zone. However, in no instance shall the
buffer be reduced by more than fifty (50) percent for a
wetland or stream, or be less than twenty-five (25) feet
for a wetland or ten (10) feet for a stream.
(2) The Director may require increased buffer
widths if a larger buffer is necessary to protect the
stream or wetland. The determination that an increased
buffer width is required shall be based on the following:
(i) Streams. Increased buffer widths to
protect streams shall be based on, but not limited to, the
following circumstances:
(A) The development proposal will
potentially produce significant noise, light or glare or
involves the production, use, storage or sale of hazard-
ous material;
(B) The stream serves as a critical
fish habitat for spawning or rearing;
(C) The stream and/or its riparian
habitat is utilized by species classified as endangered,
threatened or sensitive;
(D) The land adjacent to the stream is
classified as a potential landslide or erosion hazard area;
(E) The adjacent riparian system has
highly infiltrative soils that help to recharge/purify
groundwater supply to the stream, or is characterized by
till soil where runoff will increase significantly if vege-
tation is removed;
(F) The adjacent riparian system
helps to reduce storm water runoff or controls sediment
flow; or
(G) A low-intensity activity or utility
easement is a proposed use of the buffer.
(ii) Wetlands. Increased buffer widths to
protect wetlands shall be based on, but not limited to, the
following circumstances:
(A) Wider buffer is needed to pre-
serve viable populations of existing species; or
(Revised 12/05)20.14-16
20.14.230
(B) Adjacent land has minimal vege-
tative cover or has a slope greater than fifteen (15) per-
cent.
(3) Buffer widths may also be decreased
where it can be demonstrated that:
(i) Adjacent land is extensively vege-
tated and is less than fifteen (15) percent slope; or
(ii) Project includes a buffer enhance-
ment plan utilizing native wetland vegetation which
substantiates that the proposed enhancement will
improve the functions of the buffer; and
(iii) No direct or indirect short-term or
long-term adverse impacts to the wetland or stream will
result.
In no instance shall a buffer be reduced by
more than twenty-five (25) percent, or be less than
twenty-five (25) feet for a wetland or ten (10) feet for a
stream.
(d) Low-impact uses and activities consistent with
the stream or wetland buffer function may be permitted
within the buffer depending upon the sensitivity of wet-
land and intensity of activity or use. These may include
pedestrian trails, viewing platforms, utility easements
and storm water management facilities such as grass-
lined swales.
(e) Yard Reduction. In order to accommodate for
the required buffer zone, the Director may reduce the
front and/or rear yard setback requirements on individ-
ual lots. The front and/or rear yard shall not be reduced
by more than fifty (50) percent. In determining whether
or not to allow the yard reduction, the Director shall
consider the impacts of the reduction on adjacent land
uses. (Ord. 4950 § 6 (part), 2005: Ord. 4476 § 3, 1994;
Ord. 4422 § 1 (in part), 1993)
20.14.230 STANDARDS.
(a) Wetlands.
(1) Type I Wetlands. No regulated activities
shall be permitted within the wetland boundary or buffer
except where the applicant can demonstrate an extraor-
dinary hardship in accordance with BMC 20.14.240 and
mitigation is provided in accordance with BMC
20.14.260.
However, those low-intensity uses or activities
necessary for public access, educational or research pur-
poses may be allowed within the wetland buffer if it can
be demonstrated that there will be no adverse impact on
the wetland ecosystem.
(2) Type II Wetlands. No regulated activities
shall be allowed within the wetland boundary or buffer
unless the applicant can demonstrate:
(i) The application of these standards
presents an extraordinary hardship in accordance with
BMC 20.14.240; or
(ii) The proposal is in the public interest
in accordance with BMC 20.14.250.
(iii) Mitigation is provided in accordance
with BMC 20.14.260.
(3) Type III and IV Wetlands. No regulated
activities shall be allowed within the wetland boundary
or buffer unless the applicant can demonstrate as fol-
lows:
(i) The application of these standards
presents an extraordinary hardship in accordance with
BMC 20.14.240; or
(ii) The proposal is in the public interest
in accordance with BMC 20.14.250; or
(iii) In addition to the application material
required in BMC 20.14.140, the applicant shall submit a
report prepared by a wetland specialist, and fund a
review of this report by the City’s wetland specialist
consultant, except that a modification necessary for the
construction of a single-family residence shall not be
required to fund an independent review by the City’s
wetland consultant. This report must contain an assess-
ment of the habitat, water quality purification and
enhancement, storm water detention, ground water
recharge, shoreline protection, and erosion protection
functions of the wetland and/or buffer for the wetland
and the effect on those functions caused by the proposed
improvement or land surface modification. The Director
of Community Development may approve an improve-
ment or land surface modification in a wetland or envi-
ronmentally sensitive area buffers for a wetland under
this subsection only if he/she finds that:
(A) It will not adversely affect water
quality;
(B) It will not destroy, nor damage,
or disrupt a significant habitat area;
(C) It will not have an adverse effect
on drainage and/or storm water detention capabilities;
(D) It will not lead to unstable earth
conditions or create erosion hazards;
(E) It will not be materially detri-
mental to any other property in the area of the subject
property or to the City as a whole;
(F) It will result in land surface mod-
ification of no more than one (1) acre, nor more than
twenty-five (25) percent of the wetland on the subject
property; and
(G) Mitigation is provided as
required in accordance with BMC 20.14.260.
(4) For all wetland types, the applicant must
demonstrate the following:
(i) The existence of plant or wildlife spe-
cies appearing on the federal or state endangered or
threatened species list will not be jeopardized;
20.14-17 (Revised 12/05)
Bremerton Municipal Code 20.14.230
(ii) The proposal will not lead to signifi-
cant degradation of groundwater or surface water qual-
ity; and
(iii) The proposal complies with the
remaining standards of this chapter, which include those
pertaining to wetland compensation and the provision of
bonds.
(5) Hydrologically isolated type III and IV
wetlands which have been classified and identified as
having a total cumulative area of less than one thousand
(l,000) square feet, regardless of property lines, are
exempt from the provisions of this chapter.
(6) Unless the wetland is determined to have
exceptional value, the Director shall exclude type III
wetlands less than two thousand five hundred (2,500)
square feet and type IV wetlands less than ten thousand
(10,000) square feet from the provisions of this chapter,
provided the applicant provides monetary compensation
to mitigate for such wetland loss. These monies shall be
held in a designated mitigation fund to meet the City’s
intent of no net loss in wetland function. Such funds
shall be used in future wetland creation, restoration
and/or enhancement projects or acquisition of wetland
sites for public purposes. Such monetary compensation
shall be based on the area of wetland loss on a square
foot per square foot basis. This monetary compensation
value shall be based upon the price of land acquisition
plus one hundred twenty-five (125) percent of the
amount that would be required to perform off-site, in-
kind compensation in accordance with the replacement
guidelines set forth in BMC 20.14.260(b)(1) and moni-
toring requirements in BMC 20.14.260(e). Dedication
of land containing wetlands or streams may substitute
for monetary compensation, but only to the extent that
such dedication would provide the City with increased
value because of access, control and protection provided
by public ownership or to the extent that such dedicated
land would be developable under the provisions of this
chapter. Provisions for access must be included with any
dedication of land.
(b) Stream Corridors.
(1) Type I Streams. All proposed alterations
of these areas shall be in accordance with the Shoreline
Master Program of the City of Bremerton, and all appli-
cable state and federal regulations. All proposed alter-
ations in the riparian corridor of a type I stream shall be
in accordance with the standards for the specific wetland
type.
(2) Type II streams may be altered for bridge
crossings, trails, utility relocations, embankment stabili-
zation, storm drainage way maintenance, and facilities
for surface water management. Such alterations may be
permitted by the Director, provided:
(i) Where riparian habitats exist, activity
or use shall be allowed in accordance with the intensity
of use and wetland classification and standards;
(ii) The applicant can demonstrate:
(A) The application of these stan-
dards presents an extraordinary hardship in accordance
with BMC 20.14.240, or
(B) The proposal is in the public
interest in accordance with BMC 20.14.250; and
(iii) Adverse impacts will be mitigated.
(3) Type II streams may be relocated or
placed in culverts, provided it can be demonstrated that:
(i) No significant habitat area will be
destroyed;
(ii) The new channel or culvert is
designed and installed to allow passage of fish inhabit-
ing or using the stream;
(iii) The channel or culvert is large enough
to accommodate a one hundred (100) year storm;
(iv) The applicant will, at all times, keep
the channel or culvert free of debris and sediment to
allow free passage of water and/or fish; and
(v) The applicant will provide a bond or
other financial security to ensure maintenance as pro-
vided in BMC 20.14.270.
(4) Type III streams may be relocated or
placed in culverts, provided it can be demonstrated that:
(i) No significant habitat area will be
destroyed;
(ii) The new channel or culvert is
designed and installed to allow passage of fish inhabit-
ing or using the stream;
(iii) The channel or culvert is large enough
to accommodate a one hundred (100) year storm;
(iv) The applicant will, at all times, keep
the channel or culvert free of debris and sediment to
allow free passage of water and/or fish;
(v) The applicant will provide a bond or
other financial security to ensure maintenance as pro-
vided in BMC 20.14.270; and
(vi) The relocated stream channel will
result in improved stream function and value.
(5) In the event stream corridor alterations or
relocations, as specified in subsections (b)(2) and (3) of
this section, are allowed, the applicant shall submit an
alteration or relocation plan prepared by a wetlands spe-
cialist with expertise in this area. The plan shall address
the following information:
(i) Creation of natural meander patterns
and gentle side slope formations;
(ii) Creation of narrow subchannel,
where feasible, against the south or west bank;
(Revised 12/05)20.14-18
20.14.240
(iii) Provisions for the use of native vege-
tation;
(iv) Creation, restoration or enhancement
of fish spawning and nesting areas;
(v) The proposed reuse of the prior
stream channel; and
(vi) Provision of a wetland specialist,
approved by the City, to supervise work to completion
and to provide a written report to the Director stating the
plan for the new channel complies with the provisions of
this chapter.
(6) As part of stream enhancement, restora-
tion or maintenance, the City may allow the removal of
debris, sediment, vegetation or other things determined
to be detrimental. In addition, permitted uses or activi-
ties as defined in BMC 20.14.170 may be permitted
within the stream corridor buffer.
(7) The Washington State Departments of
Wildlife and Fisheries have authority over all projects in
state waters which impact fish. Construction in state
waters is governed by Chapter 75.20 RCW, Construc-
tion Projects in State Waters. (Ord. 4950 § 6 (part),
2005: Ord. 4476 § 4, 1994; Ord. 4422 § 1 (in part),
1993)
20.14.240 EXTRAORDINARY HARDSHIP
TEST.
An extraordinary hardship exists when the stan-
dards of this chapter deny all reasonable economic use
of the property. Diminished value shall not be consid-
ered an extraordinary hardship. To demonstrate extraor-
dinary hardship, the applicant must demonstrate the
following:
(a) There is no reasonable economic use or value
with less impact on the wetland or stream;
(b) There are no feasible on-site alternatives to the
proposed activity or use (e.g., reduction in density or use
intensity, scope or size, change in timing, phasing or
implementation, layout revision or other site planning
considerations) that would allow reasonable economic
use with less adverse impact;
(c) The proposed activity or use will be mitigated
to the maximum extent possible and result in minimum
feasible alteration or impairment of functional charac-
teristics of the site, including contours, vegetation, fish
and wildlife habitat, groundwater, surface water and
hydrological conditions;
(d) The proposed activity or use complies with all
local, state, and federal laws and will not jeopardize the
continued existence of endangered, threatened, sensitive
or priority habitat or species; and
(e) The inability to derive reasonable economic
use is not the result of actions by the applicant in segre-
gating or dividing the property in a way that makes the
property unable to be developed after the effective date
of the ordinance codified in this chapter. (Ord. 4950 § 6
(part), 2005: Ord. 4849 § 1, 2003; Ord. 4422 § 1 (in
part), 1993)
20.14.250 PUBLIC INTEREST.
In determining whether a proposed use or activity
in any wetland or stream is in the public interest, the
public benefit of the proposal and the impact to the wet-
land or stream must be evaluated by the Director. The
proposal is in the public interest if its benefit to the pub-
lic exceeds its detrimental impact on the wetland or
stream. In comparing the proposal’s public benefit and
impact, the following should be considered:
(a) The extent of the public need and benefit;
(b) The extent and permanence of the beneficial or
detrimental effects of the use or activity;
(c) The quality and quantity of the wetland or
stream that may be affected;
(d) The ecological value of the wetland or stream;
(e) Probable impact on public health and safety,
fish, plants, and wildlife; and
(f) The policies of the Land Use Management
Plan. (Ord. 4950 § 6 (part), 2005: Ord. 4422 § 1 (in
part), 1993)
20.14.260 MITIGATION PROCEDURES.
(a) General.
(1) The first underlying measure of wetland
and stream protection is to avoid impacts. The next mea-
sure is to minimize impacts where possible by limiting
the magnitude or scope of the development or use. The
final measure of protection is to mitigate or compensate
for impacts. This can be accomplished through creation,
enhancement or restoration of the wetland or stream.
However, the Director may allow compensation rather
than avoidance when the applicant demonstrates that
compensation would be the preferable environmental
alternative.
(2) As provided in subsection (a)(1) of this
section, the creation, enhancement or restoration to
compensate for a degraded or destroyed stream or wet-
land may be an alternative as stated in the standards set
forth in BMC 20.14.230, and may be used to compen-
sate for losses. The new, enhanced or restored wetland
shall recreate as nearly as possible the original wetland
in terms of functions, value, geographic location, and
setting as provided in subsection (b) of this section. The
goal of the compensation alternative shall be no net loss
of wetland function. Where possible, compensation
shall be completed prior to wetland or stream corridor
destruction.
(3) Creation, enhancement or restoration
alternatives should be undertaken on or adjacent to the
site where permanent losses have been sustained or,
where enhancement or restoration of a former wetland is
20.14-19 (Revised 12/05)
Bremerton Municipal Code 20.14.260
possible, within the same drainage basin. Replacement
in kind of the impacted stream or wetland will be the
preferred alternative for creation, enhancement or
restoration efforts. The Director may accept or recom-
mend creation, enhancement or restoration which is not
in-kind, is off-site, and/or is monetary compensation as
provided for in this section as an alternative proposal, if
the applicant can demonstrate that in-kind and/or on-site
creation, enhancement or restoration is infeasible due to
constraints such as parcel size, stream or wetland type;
that a wetland of a different type or location is justified
based on regional needs or functions and value; or that
on-site compensation is not desirable. Where feasible,
created, enhanced or restored wetlands shall be of a
higher type than the altered wetland. Compensation
areas shall be determined according to the altered wet-
land’s function, acreage, type, location, self-sustaining
abilities and the amount of time required for the created,
enhanced or restored wetland to become a functioning
wetland.
(4) Compensation shall not be required for the
construction of new storm water system facilities,
except for transmission systems not related to the wet-
land or stream being impacted.
(b) Replacement Guidelines.
(1) Wetlands and stream corridors with ripar-
ian habitats shall be replaced in accordance with their
classification at a minimum ratio of 1:1 for functional
value. This ratio of replacement may be increased based
upon the following criteria:
(i) If it has been determined that the
probable success of the replacement wetland is uncer-
tain;
(ii) The compensation project is proposed
off-site; or
(iii) If there is a significant period of time
between destruction and replication of wetland func-
tions.
(2) Applicants proposing restoration or
enhancement as an alternative to replace wetland loss
shall identify how the wetland restoration or enhance-
ment conforms to the overall goals and requirements of
this chapter. Wetland restoration and enhancement pro-
posals shall meet the following criteria:
(i) The restoration or enhancement for
one function and value shall not degrade another func-
tion or value;
(ii) The restoration and enhancement
ratios shall also be 1:1 for functional value. The func-
tional value of the restored or enhanced wetland shall be
equal to or greater than the functional value of the wet-
land altered plus the functional value of the restored or
enhanced wetland prior to restoration or enhancement.
(3) The Director may allow the applicant to
contribute a fee in lieu of compensation for loss of type
III or IV wetlands, the total areas of which do not exceed
one acre, to a fund to mitigate for wetland loss. The
Director shall set reasonable fees for monetary compen-
sation of stream or wetland loss. Fees shall be based
upon the price of land acquisition plus one hundred
twenty-five (125) percent of the amount that would be
required to perform off-site, in-kind compensation in
accordance with the replacement guidelines set forth in
subsection (b)(1) of this section and monitoring require-
ments in subsection (e) of this section. Such fees shall be
held in a designated mitigation bank fund for the express
use of ongoing wetland acquisition, creation, enhance-
ment or restoration projects and shall not be commin-
gled with other funds. Dedication of land containing
wetlands or streams may substitute for monetary com-
pensation, but only to the extent that such dedication
would provide the City with increased value because of
access, control and protection provided by public own-
ership or to the extent that such dedicated land could be
improved under the provisions of this chapter (see BMC
20.14.170). Provisions for access must be included with
any dedication of land.
(c) Mitigation Plan Requirements. In the event
that creation, enhancement or restoration as a form of
compensation is chosen for mitigation, the applicant or
violator shall provide a wetland or stream mitigation
plan for approval. The plan shall provide information on
land acquisition, construction, maintenance and moni-
toring of the created, enhanced or restored wetland or
stream that recreates as nearly as possible the original
wetland or stream in terms of function, geographic loca-
tion and setting. All mitigation plans shall be prepared
by a wetlands specialist, submitted by the applicant, and
contain the following information:
(1) Data collected and synthesized for the
newly created, enhanced or restored site;
(2) Specific goals and objectives describing
site function, target species and selection criteria;
(3) Performance standards which shall
include criteria for assessing goals and objectives;
(4) Contingency plans which clearly define
course of action or corrective measures needed if perfor-
mance standards are not met;
(5) A legal description and a survey prepared
by a licensed surveyor of the proposed development site
and location of the wetland or stream on the site;
(6) A scaled plot plan indicating the proposed
construction location, zoning setback requirements, and
sequence of construction phases. The plan also shall
include cross-sectional details, topographic survey data
(including percent slope and existing and finished grade
(Revised 12/05)20.14-20
20.14.270
elevations) and other technical information, as required,
in sufficient detail to explain, illustrate and provide for:
(i) Soil and substrate conditions, topo-
graphic elevations, scope of grading proposal, and ero-
sion and sediment treatment and source controls needed
for wetland or stream construction and maintenance;
(ii) Planting plans specifying plant spe-
cies, types, quantities, locations, sizes, and spacing; the
planting season or timing; watering schedule; nutrient
requirements for planting and, where appropriate, mea-
sures to protect plants from destruction;
(iii) Water-quality parameters; turbidity
class and criteria for water quality as set forth in Chapter
173-201 WAC, Water Quality Standards for Surface
Waters of the State of Washington, during construction
and after completion; water source; water depths; water
control measures and water level maintenance practices
needed to achieve the necessary ambient water condi-
tions; and hydrocycle or hydroperiod characteristics;
(iv) Contingency or midcourse correc-
tions plan; and
(v) A monitoring plan, for a period of not
less than three (3) years, which establishes responsibil-
ity for removal of exotic and nuisance vegetation and for
permanent establishment of the wetland or stream and
all its component parts;
(7) A clearly defined approach to assess
progress of mitigation project;
(8) The plan must indicate ownership, size,
type, and complete ecological assessment, including
flora, fauna, hydrology, functions, etc., of the stream or
wetland being created, enhanced or restored; and
(9) Information on the natural suitability of
the proposed site for establishing the replaced wetland
or stream (i.e., water source and drainage patterns, topo-
graphic position, wildlife habitat opportunities, value of
the existing area to be converted, etc.).
(d) The Director shall review and approve the mit-
igation plan. Agreed-upon performance standards shall
be contained in the mitigation plan and approved by the
applicant and the Director during the review process.
(e) The applicant must demonstrate fiscal, admin-
istrative, and technical competence to successfully exe-
cute the overall project through completion. This
compensation project shall be monitored for a minimum
of three (3) years in accordance with the approved per-
formance and maintenance agreement. In the event of a
breach of any condition of said agreement, the Director
may institute an action in court and prosecute the same
to judgment and execution. Final approval for the com-
pleted compensation project involving creation,
enhancement or restoration shall be granted by the
Director when the applicant submits documentation that
all requirements of this section have been completed.
(Ord. 4950 § 6 (part), 2005: Ord. 4476 § 5, 1994; Ord.
4422 § 1 (in part), 1993)
20.14.270 BONDS.
(a) Performance Bonds. Except for public agen-
cies, applicants receiving a permit involving compensa-
tion for mitigation are required to post a cash
performance bond or other acceptable security to guar-
antee compliance with this chapter prior to beginning
any site work. The surety shall guarantee that work and
materials used in construction are free from defects. All
bonds shall be approved by the City Attorney. The
surety or bonds cannot be terminated or canceled with-
out written approval. The Director shall release the bond
after documented proof that all structures and improve-
ments have been shown to meet the requirements of this
chapter and that a maintenance bond has been posted, if
required.
(b) Maintenance Bonds. Except for public agen-
cies, an applicant shall be required to post a cash main-
tenance bond or other acceptable security guaranteeing
that structures and improvements required by this chap-
ter will perform satisfactorily for a minimum of three (3)
years after they have been constructed and approved.
The value of the bond shall be based on the average or
median of three (3) contract bids that establish all costs
of compensation, including costs relative to perfor-
mance, monitoring, maintenance, and provision for con-
tingency plans. The amount of the bond shall be set at
one hundred fifty (150) percent of the average expected
cost of the compensation project. All bonds shall be on
a form approved by the City Attorney. Without written
release, the bond cannot be canceled or terminated. The
Director shall release the bond after determination that
the performance standards established for measuring the
effectiveness and success of the project have been met.
(Ord. 4950 § 6 (part), 2005: Ord. 4422 § 1 (in part),
1993)
20.14.280 ENVIRONMENTALLY SENSITIVE
DESIGNATION.
Pursuant to WAC 197-11-908 and Chapter 20.04
BMC, fish and wildlife habitat conservation areas, ero-
sion hazard areas, landslide hazard areas, steep slopes,
wetlands, and streams are hereby designated as environ-
mentally sensitive areas. These areas are mapped on
Bremerton’s Generalized Critical Areas Maps available
in the Engineering Division, Public Works and Utilities
Department. The following SEPA categorical exemp-
tions shall not apply within these areas: BMC 20.04.090
and the following subsections of WAC 197-11-800:
(1)(b); (2)(d) excluding landscaping, (e), (f) and (g); (3);
24(a), (b), (c) and (d); and (25)(h). (Ord. 4950 § 6 (part),
2005: Ord. 4422 § 1 (in part), 1993)
20.14-21 (Revised 12/05)
Bremerton Municipal Code 20.14.330
20.14.290 NONCONFORMING
USES/STRUCTURES.
An established use or existing structure that was
lawfully permitted prior to the adoption of the ordinance
codified in this chapter, but which is not in compliance
with this chapter, may continue subject to the provisions
of Chapter 20.54 BMC, Nonconforming Uses. (Ord.
4950 § 6 (part), 2005: Ord. 4422 § 1 (in part), 1993)
20.14.300 APPEALS.
An appeal of a decision regarding a critical area
may be made in accordance with BMC 20.02.140. (Ord.
4950 § 6 (part), 2005: Ord. 4914 § 2, 2004; Ord. 4422
§ 1 (in part), 1993)
20.14.310 ENFORCEMENT.
(a) No regulated activity, as defined in BMC
20.14.030, shall be conducted without a permit and
without full compliance with this chapter. All activities
not allowed or conditionally approved shall be prohib-
ited.
(b) The Director shall have authority to enforce
this chapter, issue delineation verifications, permits, and
violation notices, and process violations through the use
of administrative orders and/or civil and criminal
actions as provided for herein.
(c) In the event of violation, the City shall have the
authority to order restoration, enhancement, or creation
measures to compensate for the destroyed or degraded
critical area. If work is not completed in a reasonable
time following the order, the City may implement a pro-
cess to restore or enhance the affected site. This includes
creation of new wetlands or streams to offset loss as a
result of violation in accordance with BMC 20.14.270.
The violator shall be liable for all costs of such action,
including administrative costs.
(d) Failure to comply with an administrative order
of the Director under this section shall constitute a vio-
lation subject to enforcement pursuant to this section.
(Ord. 4950 § 6 (part), 2005: Ord. 4914 § 3, 2004; Ord.
4422 § 1 (in part), 1993)
20.14.320 SEVERABILITY.
If any clause, sentence, paragraph, section, or part
of this chapter or the application thereof to any person
or circumstances shall be adjudged by any court of com-
petent jurisdiction to be invalid, such order or judgment
shall be confined in its operation to the controversy in
which it was rendered and shall not affect or invalidate
the remainder of any part thereof to any other person or
circumstances, and to this end, the provisions of each
clause, sentence, paragraph, section or part of this chap-
ter are hereby declared to be severable. (Ord. 4950 § 6
(part), 2005: Ord. 4422 § 1 (in part), 1993)
20.14.330 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 abate-
ment 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 by 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. 4950
§ 6 (part), 2005: Ord. 4914 § 4, 2004)
20.16-1 (Revised 12/05)
Bremerton Municipal Code 20.16.030
Chapter 20.16
SHORELINE DEVELOPMENT
Sections:
20.16.010 PERMIT - REQUIRED -
CONDITIONS.
20.16.020 PERMIT - APPLICATION.
20.16.030 PERMIT - APPLICATION -
NOTICE POSTING.
20.16.040 PERMIT - APPLICATION -
NOTICE PUBLICATION
AFFIDAVIT.
20.16.050 PERMIT - APPLICATION -
NOTICE TRANSMISSION.
20.16.060 PERMIT - APPLICATION -
ACTION.
20.16.070 PERMIT - RULING.
20.16.080 BURDEN OF PROOF.
20.16.090 WORK COMMENCEMENT.
20.16.100 APPLICATION FEES FOR
SHORELINE VARIANCE
PERMITS, CONDITIONAL USE
PERMITS AND REVISIONS.
20.16.110 SHORELINE DECISIONS.
20.16.010 PERMIT - REQUIRED -
CONDITIONS.
(a) No substantial development, as defined in the
State Shoreline Management Act of 1971, shall be
undertaken on the shorelines abutting upon or within the
City limits without having first obtained a permit there-
for from the City Council.
(b) Until such time as a master plan has become
effective, no substantial development permit shall be
granted unless the proposed development is consistent
with:
(1) The policy set out in Section 2 of the
Shoreline Management Act; and
(2) After their adoption, the guidelines and
regulations of the Washington State Department of
Ecology; and
(3) So far as can be ascertained, the master
plan being developed within the City and the areas.
(c) After adoption by the Department of Ecology
of the applicable master program, no substantial devel-
opment permit shall be granted unless the proposed
development is consistent with the applicable master
program and the policy of Section 2 of the Shoreline
Management Act. (Ord. 4950 § 3 (part), 2005: Ord.
3015 § 1, 1972)
20.16.020 PERMIT - APPLICATION.
Any person requesting a permit for substantial
development upon the shorelines abutting or within the
boundaries of the City shall file an application therefor
with the Planning Department of the City. The applica-
tion shall be made on forms prescribed by the Planning
Department. Applications for substantial development
permits shall be accompanied by an application fee as
provided for by resolution of the City Council. The
application shall contain the name and the mailing
address of the applicant, the relation of the applicant to
the property, the general location of the proposed
project, the legal description of the project site, a state-
ment concerning the intended use of the property,
description of improvements currently on the property,
an estimate of the total cost or fair market value of the
project for which permit is requested, a vicinity land
map and a site plan map. The vicinity land map shall
indicate the relationship of the proposed development to
adjacent land for at least four hundred (400) feet in all
directions from the project site. The site plan map shall
include: size and location of existing improvements
which will be retained; existing utilities; ordinary high
water mark and low water mark; beach type (sand, mud,
gravel, etc.); size and location of proposed structures;
width of setbacks and side yards; proposed fill area
(state type, amount and treatment of fill); proposed util-
ities; proposed sewage disposal system; proposed park-
ing areas and greenbelt areas. The application shall be
dated and signed by the applicant. (Ord. 4950 § 3 (part),
2005: Ord. 3688 § 12, 1982; Ord. 3597 § 8, 1980; Ord.
3015 § 2, 1972)
20.16.030 PERMIT - APPLICATION -
NOTICE POSTING.
Upon receipt of a proper application for a substan-
tial development permit, the City Planner shall instruct
the applicant to publish notices thereof at least once a
week for two (2) consecutive weeks in a newspaper of
general circulation within the City and Kitsap County.
The notice shall include the name and address of the
applicant, the general location of the proposed project,
and the name of the adjacent water areas or wetlands.
Said notice shall further include a statement that any
person desiring to present his views to the City Council,
with regard to said application, may do so in writing,
addressed to the City Council, or that any person inter-
ested in the City Council’s action on an application for
a permit may submit his views or notify the City Council
of his interest within thirty (30) days of the last date of
publication of notice. Such notification or submission of
views to the City Council by an interested party or par-
ties shall entitle said persons to a copy of the action
taken on the application. (Ord. 4950 § 3 (part), 2005:
Ord. 3015 § 3, 1972)
(Revised 12/05)20.16-2
20.16.040
20.16.040 PERMIT - APPLICATION -
NOTICE PUBLICATION
AFFIDAVIT.
Upon publication of notice, the applicant shall file
with the Planning Department of the City an affidavit of
publication, which affidavit shall set out fully the lan-
guage contained in the notice and the dates on which the
notice was published. (Ord. 4950 § 3 (part), 2005: Ord.
3015 § 4, 1972)
20.16.050 PERMIT - APPLICATION -
NOTICE TRANSMISSION.
Upon receipt by the Planning Department of an
application, the Planning Department shall immediately
send notice thereof, containing pertinent information, to
the Directors of Fisheries, Game, Conservation, and
Health. (Ord. 4950 § 3 (part), 2005: Ord. 3015 § 5,
1972)
20.16.060 PERMIT - APPLICATION -
ACTION.
The City Council shall act upon the application not
less than thirty (30) days, nor more than sixty (60) days
after the last date of publication of notice. (Ord. 4950
§ 3 (part), 2005: Ord. 3015 § 6, 1972)
20.16.070 PERMIT - RULING.
Any ruling on the permit for substantial develop-
ment, whether it is an approval or a denial, shall, concur-
rently with the transmittal of the ruling to the applicant,
be filed with the Department of Ecology and the Wash-
ington State Attorney General, which notice shall be
transmitted not less than five (5) days after the action
has been taken. (Ord. 4950 § 3 (part), 2005: Ord. 3015
§ 7, 1972)
20.16.080 BURDEN OF PROOF.
The applicants for the substantial development per-
mits shall have the burden of proving that the proposed
substantial development is consistent with the criteria as
set out in the Shoreline Management Act of 1971. (Ord.
4950 § 3 (part), 2005: Ord. 3015 § 8, 1972)
20.16.090 WORK COMMENCEMENT.
In the event a permit is granted, construction pursu-
ant to a permit shall not begin or be authorized until
forty-five (45) days from the date of final approval by
the City, or until all review proceedings have termi-
nated, if such proceedings were initiated within forty-
five (45) days from the date of final approval by the
City. (Ord. 4950 § 3 (part), 2005: Ord. 3015 § 9, 1972)
20.16.100 APPLICATION FEES FOR
SHORELINE VARIANCE
PERMITS, CONDITIONAL USE
PERMITS AND REVISIONS.
(a) Application for shoreline conditional use per-
mits shall be accompanied by an application fee as pro-
vided for by resolution of the City Council. If the
conditional use permit is sought in combination with a
substantial development permit as required in Chapter
173-14 WAC, Ordinance 3015, and Bremerton’s Shore-
line Management Master Program, the application fee
shall be as provided for by resolution of the City Coun-
cil.
(b) Application for shoreline variance permits
shall be accompanied by an application fee as provided
for by resolution of the City Council. If the variance per-
mit is sought in conjunction with a substantial develop-
ment permit or shoreline conditional use permit as
required in Chapter 173-14 WAC and Ordinance 3015
and Bremerton’s Shoreline Management Master Pro-
gram, the application fee shall be as provided for by res-
olution of the City Council.
(c) Applications for revisions to any shoreline
substantial development, conditional use or variance
permits shall be accompanied by an application fee as
provided for by resolution of the City Council. (Ord.
4950 § 3 (part), 2005: Ord. 3688 § 13, 1982; Ord. 3597
§ 9, 1980)
20.16.110 SHORELINE DECISIONS.
(a) Actions. The following are subject to the
requirements of Bremerton’s Shoreline Master Program
but shall be decided within one hundred twenty (120)
days. Recommendations and hearings shall be con-
ducted as described in Table 040 in Chapter 20.02
BMC.
(1) Shoreline substantial development permit;
(2) Shoreline conditional use permit;
(3) Shoreline variance;
(4) Shoreline permit revisions;
(5) Shoreline Master Program amendments.
(b) Decision Format. The decision format is com-
pletion of a prepared form or statement of findings, con-
clusions and the decision of the approving body.
Adoption of and amendments to the Shoreline Master
Program shall be made by ordinance.
(c) Final Decisions.
(1) Substantial development permits and
amendments to existing permits are decided administra-
tively, in the same manner as other Type II permits.
(2) Conditional use permits and variances are
decided by the Administrative Hearing Examiner and
may be approved, rejected, or modified by the Depart-
ment of Ecology. A neighborhood meeting or study ses-
sion is optional.
20.16-3 (Revised 12/05)
Bremerton Municipal Code 20.16.110
(3) All shoreline permit decisions must be
submitted simultaneously to the applicant, the Depart-
ment of Ecology (DOE), and to the Attorney General.
DOE may approve or disapprove the permit.
(4) Shoreline Master Program amendments
are decided by the City Council and may be approved,
rejected, or modified by the Department of Ecology.
(d) Appeals. An appeal of the local shoreline per-
mit decision may be filed with the Administrative Hear-
ing Examiner pursuant to Chapter 2.13 BMC as
provided herein, with a second appeal to the Shoreline
Hearings Board (SHB), or may be filed directly with the
SHB.
(1) Decisions on substantial development per-
mits may be appealed to the Administrative Hearing
Examiner within fourteen (14) calendar days of the date
of the decision, and considered in an open-record appeal
hearing; or
(2) Those decisions listed in subsection (d)(1)
of this section or the Administrative Hearing Examiner
decisions on appeals of earlier decisions may be
appealed to the Shoreline Hearings Board by filing a
petition for review within twenty-one (21) calendar days
of the date of the Department of Ecology’s review and
decision.
(3) The decision of the Department of Ecol-
ogy pertaining to the adoption of, or amendment to, the
Shoreline Master Program may be appealed to the Cen-
tral Puget Sound Growth Management Hearing Board
per RCW 36.70A.250 through 36.70A.320.
(4) Appeals to the Hearing Examiner shall be
decided within thirty (30) calendar days of the filing
date. Appeals to the Shoreline Hearings Board will be
decided within one hundred eighty (180) calendar days.
(Ord. 4950 § 3 (part), 2005: Ord. 4804, Amended,
06/08/2002; Ord. 4798, Amended, 05/10/2002)
20.18-1 (Revised 12/05)
Bremerton Municipal Code 20.18.050
Chapter 20.18
TEXT AMENDMENTS
Sections:
20.18.010 APPLICABILITY.
20.18.020 GENERAL PROVISIONS.
20.18.030 TEXT AMENDMENTS.
20.18.040 PROCEDURAL TEXT
AMENDMENTS.
20.18.050 MINOR CORRECTIONS.
20.18.060 AMENDMENTS TO THE
SHORELINE MASTER
PROGRAM.
20.18.010 APPLICABILITY.
From time to time a change in circumstance or con-
ditions may warrant a change in the development regu-
lations of this title, which are consistent with the
Comprehensive Plan. Text amendments revise the text
of BMC Title 20 and change specific standards, proce-
dures, meanings or other provisions of the code. (Ord.
4950 § 8 (Exh. A) (part), 2005)
20.18.020 GENERAL PROVISIONS.
(a) Applicant. Any interested party may initiate a
text amendment to any provision of BMC Title 20.
(b) Fee. An application fee, pursuant to the
adopted fee schedules in Chapter 3.01 BMC, shall
accompany an application for a text amendment.
Amendments initiated by the City shall be exempt from
the application fee.
(c) Notice. Published notice shall be given prior to
public hearing dates in the official newspaper in accor-
dance with the following schedule:
(1) Ten (10) calendar days for the first Plan-
ning Commission public hearing; and
(2) Five (5) calendar days for the first City
Council public hearing;
(3) Subsequent hearing dates on the same pro-
posal do not require additional publication of notice;
(4) Consideration shall be given to WAC 365-
195-600 (Public Participation) in determining if addi-
tional notice requirements are necessary.
(d) Approval Criteria. A text amendment may be
approved if it is found that:
(1) It is consistent with the goals and policies
of the Comprehensive Plan; and
(2) It does not conflict with other City, state
and federal codes, regulations and ordinances.
(e) Comprehensive Plan Consistency. If a Com-
prehensive Plan amendment is required in order to sat-
isfy subsection (d)(1) of this section, approval of the
Comprehensive Plan amendment is required prior to or
concurrently with the granting of an approval on the text
amendment. (Ord. 4950 § 8 (Exh. A) (part), 2005)
20.18.030 TEXT AMENDMENTS.
(a) Applicability. This section applies to amend-
ments involving substantive changes such as those stan-
dards prescribed in BMC Title 20, Division III, Zoning,
Chapter 20.14 BMC, Critical Areas, or Chapter 20.12
BMC, Short Subdivisions. (Note: A change to these
chapters does not automatically constitute a substantive
change.)
(b) Procedures. Specific procedural requirements
are prescribed in Chapter 36.70(A) RCW. The Planning
Commission conducts public hearings and makes a rec-
ommendation to the City Council. The City Council,
following its own public hearing(s), may approve,
approve with modifications, deny or remand the Plan-
ning Commission’s recommendation for additional
study. (Ord. 4950 § 8 (Exh. A) (part), 2005)
20.18.040 PROCEDURAL TEXT
AMENDMENTS.
(a) Applicability. This section applies to amend-
ments involving changes to procedural requirements
such as those prescribed in Chapter 20.02 BMC, Project
Permits, or Chapter 20.04 BMC, State Environmental
Policy Act. (Note: A change to these chapters does not
automatically constitute a procedural change.)
(b) Procedures. The Department shall make a rec-
ommendation to the City Council. The City Council,
following its own public hearing, may approve, approve
with modifications, or deny the Department’s recom-
mendation.
(c) State Environmental Policy Act. Procedural
amendments are exempt from environmental review
(SEPA) pursuant to WAC 197-11-800(20). (Ord. 4950
§ 8 (Exh. A) (part), 2005)
20.18.050 MINOR CORRECTIONS.
(a) Exempt. An amendment that does not result in
any substantive change to the content or meaning of a
regulation such as a correction to the punctuation or
numbering sequence shall be exempt from notice and
hearing requirements of this chapter.
(b) Procedures. The Department makes a recom-
mendation to the City Council, who may approve, mod-
ify and approve, or deny the amendment. Amendments
to make minor corrections are processed in accordance
with the ordinance requirements set forth in the City
Charter, Article III, Legislation. (Ord. 4950 § 8 (Exh. A)
(part), 2005)
(Revised 12/05)20.18-2
20.18.060
20.18.060 AMENDMENTS TO THE
SHORELINE MASTER PROGRAM.
(a) Applicability. This section applies to amend-
ments to Chapter 20.16 BMC, Shoreline Development.
(b) Procedures. Review procedures are prescribed
in Chapter 173-26 WAC and the Shoreline Master Pro-
gram. A minimum of one public hearing shall be held
prior to the City Council’s decision on the amendment.
The City Council may approve, approve with modifica-
tions, or deny an amendment.
(c) Approval of Ecology. A City Council decision
approving an amendment shall be transmitted to the
Washington State Department of Ecology, who
approves, recommends specific changes necessary to
make the proposal consistent with Chapter 90.58 RCW
policy and its applicable guidelines, or denies the
amendment. (Ord. 4950 § 8 (Exh. A) (part), 2005)
20.40-1 (Revised 12/05)
Bremerton Municipal Code 20.40.080
Division III. Zoning
Chapter 20.40
ADMINISTRATION
Sections:
20.40.010 TITLE.
20.40.020 AUTHORITY.
20.40.030 INTENT AND PURPOSE.
20.40.040 ADMINISTRATIVE
AUTHORITY.
20.40.050 DEFINING "SHALL" AND
"MAY."
20.40.060 MINIMUM REQUIREMENTS.
20.40.070 CONFLICTS.
20.40.080 INTERPRETATIONS.
20.40.090 ZONING DESIGNATIONS.
20.40.100 ZONING MAP
INTERPRETATIONS.
20.40.110 COMPLIANCE WITH OTHER
LAWS.
20.40.120 CITY LIABILITY.
20.40.130 PROPERTY OWNER/
APPLICANT
RESPONSIBILITY.
20.40.140 SCOPE OF UNLAWFUL
ACTIVITY.
20.40.150 SIMILAR USE
DETERMINATION.
20.40.160 PROHIBITED USES.
20.40.170 COMPREHENSIVE PLAN AND
ZONING CONSISTENCY.
20.40.180 ENFORCEMENT.
20.40.190 PROHIBITION OF FURTHER
PERMITS OR APPROVALS.
20.40.200 VIOLATION - PENALTY.
20.40.010 TITLE.
This title shall be known as the "City of Bremerton
zoning code." This code shall consist of this text and the
map entitled "City of Bremerton official zoning map."
(Ord. 4950 §§ 8 (Exh. A) (part), 10, 2005)
20.40.020 AUTHORITY.
This title is adopted pursuant to Chapters 35.63 and
36.70A RCW. (Ord. 4950 § 8 (Exh. A) (part), 2005)
20.40.030 INTENT AND PURPOSE.
The intent of this title is to regulate the physical
development of all lands within the City of Bremerton’s
jurisdiction, except federally owned properties, in order
to provide for orderly development within the City. The
purpose is:
(a) To implement the City’s Comprehensive Plan;
(b) To protect the community’s social and eco-
nomic stability, as well as the positive qualities and
unique characteristics of all areas throughout the com-
munity;
(c) To address both natural and manmade environ-
mental considerations as part of the land use and devel-
opment permitting processes; and
(d) To ensure the orderly and beneficial develop-
ment and use of all lands by:
(1) Reserving an adequate supply of develop-
able land area for each major category of land use and in
the most appropriate locations;
(2) Preventing the encroachment of incompat-
ible uses; and
(3) Providing clear, concise regulations and
development guidelines that are consistent with City
goals and visions.
(e) To protect the public’s health, safety and wel-
fare as a whole and not to create a duty of protecting any
person or class of persons. (Ord. 4950 § 8 (Exh. A)
(part), 2005)
20.40.040 ADMINISTRATIVE AUTHORITY.
The Director shall have the authority to make and
issue orders, rules, requirements, permits, interpreta-
tions, decisions, or determinations as necessary in the
administration and enforcement of the provisions of this
title, except when provided for otherwise. (Ord. 4950
§ 8 (Exh. A) (part), 2005)
20.40.050 DEFINING "SHALL" AND "MAY."
The word "shall" is always mandatory; the word
"may" denotes a use of discretion in making a decision.
(Ord. 4950 § 8 (Exh. A) (part), 2005)
20.40.060 MINIMUM REQUIREMENTS.
The provisions set forth in this title shall constitute
the minimum requirements necessary to promote the
public health, safety, morals, and general welfare. (Ord.
4950 § 8 (Exh. A) (part), 2005)
20.40.070 CONFLICTS.
The provisions of this title shall govern when this
code imposes a greater restriction than is required by
other ordinances, regulations, easements, covenants, or
other agreements. In the case of internal conflicts within
this code, the most restrictive provision shall prevail.
(Ord. 4950 § 8 (Exh. A) (part), 2005)
20.40.080 INTERPRETATIONS.
The Director shall have the authority to make writ-
ten interpretations when necessary for clarification or to
(Revised 12/05)20.40-2
20.40.090
resolve conflicts within these regulations. The Direc-
tor’s interpretations are processed as a Type I Director’s
decision as prescribed in Chapter 20.02 BMC. Any per-
son may submit a written request for a code interpreta-
tion to the Director, or the Director may issue a code
interpretation on the Director’s own initiative. A request
for a code interpretation shall include the following:
(a) The provision of this title for which an inter-
pretation is requested;
(b) Why an interpretation of the provision is nec-
essary;
(c) Any reason or material in support of a pro-
posed interpretation; and
(d) Any fees adopted pursuant to Chapter 3.01
BMC by the City Council. (Ord. 4950 § 8 (Exh. A)
(part), 2005)
20.40.090 ZONING DESIGNATIONS.
Zoning is the primary implementing tool of the
Comprehensive Plan. The Plan’s land use designations
provide the basis for the official zoning map, which
breaks each of those designations into more specific
zones. Each zone includes the land use standards and
development requirements for development in each
zone. Figure 20.40(a) lists the zones and the general cat-
egory of each zone, which are included herein. (Ord.
4950 § 8 (Exh. A) (part), 2005)
20.40.100 ZONING MAP
INTERPRETATIONS.
The Director shall use the following criteria to
interpret the official zoning map:
(a) Where a zone boundary is indicated as approx-
imately following a property line, the property line is the
zone boundary.
(b) Where a zone boundary is indicated as follow-
ing a street or other right-of-way, the centerline of the
street or right-of-way is the zone boundary.
(c) Where a zone abuts or extends into a lake or
into Puget Sound, the zone boundary extends into that
body of water to the full limit and territorial extent of the
jurisdiction and control of the City.
(d) Where a zone boundary is not indicated to fol-
low a property line, street, or other right-of-way, the
boundary line is as drawn, based on the scale shown on
the zoning map. (Ord. 4950 § 8 (Exh. A) (part), 2005)
20.40.110 COMPLIANCE WITH OTHER
LAWS.
Nothing in this title shall be construed to excuse
compliance with other applicable federal, state, or local
laws or regulations. (Ord. 4950 § 8 (Exh. A) (part),
2005)
20.40.120 CITY LIABILITY.
Nothing in this title shall be construed to impose
any duty upon the City or any of its officers or employ-
ees so as to subject them to liability for damages not oth-
erwise imposed by law to protect individuals from
personal injuries or property damage. (Ord. 4950 § 8
(Exh. A) (part), 2005)
20.40.130 PROPERTY OWNER/APPLICANT
RESPONSIBILITY.
(a) It is the intent of this title to place the obliga-
tion of complying with the requirements of this title and
all applicable laws and regulations upon the owner, and
jointly and severally upon the occupant of the land and
buildings within its scope.
(b) The applicant is responsible to provide accu-
rate and complete information and plans to comply with
the requirements of this title and all applicable laws and
regulations. The City is not responsible for the accuracy
of information or plans provided to the City for review
or approval. (Ord. 4950 § 8 (Exh. A) (part), 2005)
20.40.140 SCOPE OF UNLAWFUL
ACTIVITY.
It shall be unlawful for any person, firm or corpora-
tion to erect, construct, alter, repair, move, remove, con-
vert, demolish, use, occupy, or maintain any structure or
use of land, or any portion, in violation of the provisions
of this title. The violation shall exist until the unlawful
act and/or unlawful use has been remedied or abated.
(Ord. 4950 § 8 (Exh. A) (part), 2005)
20.40.150 SIMILAR USE DETERMINATION.
Whenever a proposal is not listed as a permitted,
conditional or accessory use in the zone, it may be per-
mitted in that zone if the Director determines it is a use
similar to a listed use for that zone.
(a) The applicant shall make in writing requests
for a similar use determination. The determination shall
be processed as a Type I Director’s decision as set forth
in the procedures for a Type I decision in Chapter 20.02
BMC.
(b) The Director shall issue a decision in writing
and shall consider the scale, visual impacts, traffic gen-
eration, relationship to surroundings, and other factors
which influence and/or define the nature of the proposal.
(c) If the proposal is found to be similar to a listed
use, the proposal shall be subject to all standards,
requirements and permitting processes to which the
listed use is subject. (Ord. 4950 § 8 (Exh. A) (part),
2005)
20.40.160 PROHIBITED USES.
Any use not listed as a permitted, conditional or
accessory use by the zone; or any use not determined to
be a similar use pursuant to BMC 20.40.150; or any use
20.40-3 (Revised 12/05)
Bremerton Municipal Code Figure 20.40(a)
not found to be an allowable accessory use to the princi-
ple use shall be prohibited within that zone unless
allowed otherwise by law. (Ord. 4950 § 8 (Exh. A)
(part), 2005)
20.40.170 COMPREHENSIVE PLAN AND
ZONING CONSISTENCY.
Regulations used to implement the Comprehensive
Plan must be consistent with the Plan. Figure 20.40(b)
identifies the relationships between a Comprehensive
Plan designation and establishes the zoning districts that
may be approved within each Comprehensive Plan des-
ignation. (Ord. 4950 § 8 (Exh. A) (part), 2005)
20.40.180 ENFORCEMENT.
(a) It is the duty of the Director to enforce the pro-
visions of this title. Enforcement actions may include
one or more of the following:
(1) Withhold or revoke land use permits or
approvals;
(2) Withhold or revoke building permits for
construction or alteration of a structure, abatement of
structures;
(3) Revocation of use permits and variances;
(4) Enforcement through Chapter 1.04 BMC;
(5) Filing a court action in a court of compe-
tent jurisdiction.
(b) Land Use/Permit Revocation. A permit or land
use approval may be revoked if:
(1) The work is not authorized by a valid per-
mit or approval;
(2) Inaccurate or incorrect information was
used to obtain the permit or approval or the permit or
approval was issued in error;
(3) The permittee is not complying with the
terms of the permit or approved plans;
(4) The permittee is in violation of the
requirements of this chapter or of any land use ordi-
nance, statute, or regulation; or
(5) The work is, in the Director’s judgment, a
hazard to property or public safety, is adversely affect-
ing or about to adversely affect adjacent property or
rights-of-way, a drainage way, watercourse, sensitive
areas or storm water facility, or is otherwise adversely
affecting the public health, safety, or welfare.
(c) Revocation of a permit or land use approval
shall be made by:
(1) The Director for Type I and Type II per-
mits subject to the right of appeal as set forth in BMC
20.02.140.
(2) The Administrative Hearing Examiner for
a Type III permit subject to the right of appeal as set
forth in BMC 20.02.140 and Chapter 36.70C RCW.
(3) The Council for a Type IV permit as set
forth in BMC 20.02.140 and Chapter 36.70C RCW pro-
vided by law. (Ord. 4950 § 8 (Exh. A) (part), 2005)
20.40.190 PROHIBITION OF FURTHER
PERMITS OR APPROVALS.
The City shall not accept, process, or approve any
application for a subdivision or any other land use per-
mit or approval, or issue a certificate of occupancy for
property on which a violation of this title has occurred
until the violation is cured by restoration or other means
accepted by the Director and by payment of any penalty
imposed for the violation. (Ord. 4950 § 8 (Exh. A)
(part), 2005)
20.40.200 VIOLATION - PENALTY.
(a) Any violation of any provision of this title con-
stitutes a civil violation under Chapter 1.04 BMC for
which a monetary penalty may be assessed and abate-
ment may be required as provided therein.
(b) In addition to, or as an alternative to, any other
penalty provided in this chapter or by law, any person
who violates any provision of this title shall be guilty of
a misdemeanor pursuant to BMC 1.12.020(2). (Ord.
4950 § 8 (Exh. A) (part), 2005)
Figure 20.40(a)
The following figure lists the zones in BMC Title 20, Land Use, by major category of residential, commercial, industrial,
centers and special districts.
Figure 20.40(a) ZONING DESIGNATIONS
Category Zoning District Chapter
Residential Low Density Residential (R-10) 20.60
Multiple Residential (MR) 20.77
City Core Residential (CCR) 20.78
(Revised 12/05)20.40-4
Figure 20.40(a)
(Ord. 4950 § 8 (Exh. A) (part), 2005)
The following figure lists the Bremerton Comprehensive Plan Land Use Map designations with corresponding BMC
Title 20, Land Use, implementing zoning districts.
Commercial Commercial Corridor (CC) 20.62
Wheaton Way Redevelopment Corridor (WWRC) 20.64
Neighborhood Business (NB) 20.82
Limited Commercial (LC) 20.84
Freeway Corridor (FC) 20.86
Industrial Marine Industrial (MI) 20.88
Industrial Park (IP) 20.90
Industrial (I) 20.94
Downtown Center and Centers Neighborhood Center Core (NCC) 20.66
District Center Core (DCC) 20.70
Business Core (BC) 20.74
Downtown Core (DC) 20.75
Downtown Waterfront (DW) 20.76
Employment Center (EC) 20.92
Master Development (MD) 20.80
Special Districts City Utility Lands (CUL) 20.96
Watershed (WS) 20.97
Institutional (INST) 20.98
Figure 20.40(a) ZONING DESIGNATIONS (Continued)
Category Zoning District Chapter
Figure 20.40(b) COMPREHENSIVE PLAN/ZONING CONSISTENCY
COMPREHENSIVE PLAN DESIGNATION IMPLEMENTING ZONING DISTRICTS
Low Density Residential (LDR)
Open Space (OS)
Low Density Residential (R-10)
Core Centers Supporting Residential (CCSR) City Core Residential (CCR)
Neighborhood Centers (NC) Low Density Residential (R-10)
Neighborhood Center Core (NCC)
District Centers (DC) Low Density Residential (R-10)
District Center Core (DCC)
Employment Center (EC) Employment Center (EC)
Master Development (MD)
Institutional (INST)
Low Density Residential (R-10)
Downtown Regional Center (DRC) Commercial Corridor (CC)
Business Core (BC)
Downtown Core (DC)
Downtown Waterfront (DW)
Multiple Residential (MR)
Neighborhood Business (NB)
Limited Commercial (LC)
Low Density Residential (R-10)
20.40-5 (Revised 12/05)
Bremerton Municipal Code Figure 20.40(a)
(Ord. 4950 § 8 (Exh. A) (part), 2005)
Commercial Corridor (CC) Commercial Corridor (CC)
Wheaton Way Redevelopment Corridor (WWRC) Wheaton Way Redevelopment Corridor (WWRC)
Freeway Corridor (FC) Freeway Corridor (FC)
Neighborhood Business (NB) Neighborhood Business (NB)
Limited Commercial (LC) Limited Commercial (LC)
Industrial (I) Industrial (I)
Industrial Park (IP) Industrial Park (IP)
Marine Industrial (MI) Marine Industrial (MI)
Higher Education (HE) Institutional (INST)
Public Sector Redevelopment Site (PSRS) Low Density Residential (R-10)
Master Development (MD)
Institutional (INST)
Transportation, Utilities and Public Facilities (TUPF) Industrial Park (IP)
City Utility Lands (CUL)
City Utility Lands (CUL) City Utility Lands (CUL)
Watershed Lands (WS) Watershed Lands (WS)
Reserve Center (RC) (Overlay) Per the implementing zones of the underlying
Comprehensive Plan designation
Homeport - PSNS
Industrial Support - PSNS
PSNS
Figure 20.40(b) COMPREHENSIVE PLAN/ZONING CONSISTENCY (Continued)
COMPREHENSIVE PLAN DESIGNATION IMPLEMENTING ZONING DISTRICTS
20.42-1 (Revised 12/05)
Bremerton Municipal Code 20.42.020
Chapter 20.42
DEFINITIONS
Sections:
20.42.010 INTRODUCTION TO
DEFINITIONS.
20.42.020 LIST OF DEFINED TERMS.
20.42.040 DEFINITIONS.
20.42.010 INTRODUCTION TO
DEFINITIONS.
Terms not defined herein shall take their meaning
from definitions in the Comprehensive Plan, Shoreline
Master Program and other ordinances incorporated by
reference. If a specific term is not defined or referenced,
it shall take its normal and customary meaning within
the context of how it is used. When not inconsistent with
the context, words used in the present tense include the
future, words in the singular include the plural, and
words in the plural include the singular. The following
terms are defined in this chapter and shall be applied to
the provisions of this title. (Ord. 4950 § 8 (Exh. A)
(part), 2005)
20.42.020 LIST OF DEFINED TERMS.
Abandoned sign
Abandonment or Abandoned
Accessory dwelling unit (ADU)
Accessory use, activity or structure
Acre, net
Acre, gross
Adjoining or adjacent
Administrative Hearing Examiner
Adult entertainment business
Adult family home
Alley
Alteration
Alteration, structural
Antenna, tower
Antenna, wireless
Applicant
Appurtenance or Appendage
Area of sign
Art gallery
Art studio
Assisted living facility
Automobile sales
Automobile service and repair
Awning/canopy
Bay window
Bed and breakfast
Boarding house or rooming house
Buffering
Building code
Building coverage
Building envelope
Building line
Bulletin board/kiosk
Car wash
Caretaker
Caretaker’s residence
Cell on wheels (COW)
Change of use
Changeable copy/readerboard sign
City
Co-location
Community facility
Concealed
Construction sign
Day care facility
Deck
Density
Density, maximum
Density, minimum
Detoxification center
Development coverage
Directional sign
Director
Drinking place
Drive-through facility
Drive-through lanes
Duplex
Dwelling unit
Dwelling, conventional
Dwelling, modular or factory-built
Dwelling, multi-unit structure
Dwelling, single-unit attached
Dwelling, single-unit structure
Education and school
Education, higher and college
Entertainment use
Equipment structure
FAA
FCC
Fence
Finance, insurance and real estate
Foster home
Franchise business
Freestanding sign
Frontage
Gas station
Grade
Grade, average final
Grade, existing
Gross floor area
Group residential
Group residential - Class I (assisted living)
Group residential - Class II
Group residential home
(Revised 12/05)20.42-2
20.42.020
Heavy industrial/manufacturing
Height
Home occupation
Homeowners’ association
Hospital
Hotel and lodging place
Household
Identification sign
Illegal sign
Impervious surface
Incidental sign
Junk yard
Kennel
Light industrial/manufacturing
Loading area
Lot
Lot area
Lot line, front
Lot line, rear
Lot line, side
Lot, depth
Lot, flag
Lot, waterfront
Lot, width
Maintain
Manufactured home
Marina
Marquee
Medical laboratory
Medical office and clinic
Mobile home
Monument sign
Motion picture theater
Multiple-building complex
Multiple-occupancy building
Museum and gallery
Nonconforming sign
Nursery and greenhouse
Nursing/convalescent home
Office and business services, general
Off-premises sign
Open space
Outdoor athletic fields
Parcel
Park, playground and open space
Parking, satellite
Parking, structure
Paved surface
Personal service
Physical fitness and health club
Pier
Pole sign
Porch
Portable sign
Premises
Private club or lodge
Product sign
Projecting sign
Provider
Public administration
Public distribution/transmission facility
Public utility facility
Public information/identification sign
Public services
Recreational vehicle
Recreational vehicle park
Recycling center
Recycling collection station
Recycling collection station (limited)
Rehabilitation
Residential use
Residential, as secondary use
Restaurant
Restaurant, fast food
Retail, general
Retail, large
Rezone
Sandwich board sign
Satellite dish
Senior citizen
Senior housing complex
Setback, maximum
Setback, minimum
Shopping center
Sidewalk vendor
Sign
Sign structure
Social services
Stadium and sports complex
Storage yard, outdoor storage
Story
Street
Street, private
Structure
Structure, accessory
Structure, principal
Structure, temporary
Support structures
Temporary sign
Tower
Townhouse
Transient person
Transportation facility
Use
Use, accessory
Use, conditional
Use, principal
Use, temporary
Variance
Vehicle- or trailer-mounted sign
Vesting
Veterinary clinics and animal hospitals
20.42-3 (Revised 12/05)
Bremerton Municipal Code 20.42.040
Wall sign
Warehousing
Whip antenna
Wireless telecommunications facility
Worship and religious facility
Yard
Yard, construction or storage
Zero lot line
(Ord. 4950 § 8 (Exh. A) (part), 2005)
20.42.040 DEFINITIONS.
The following definitions shall be applied within
this title:
"Abandoned sign" means any 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 pub-
lic hazard or eyesore.
"Abandonment" or "abandoned" means to cease
operation for a period of ninety (90) or more consecu-
tive 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 consid-
ered abandoned for an additional period not to exceed
ninety (90) days.
"Accessory dwelling unit (ADU)" means a second
dwelling unit added to or created within an existing sin-
gle-unit residential structure (principal structure) or
within a detached accessory structure (guest house, cot-
tage, or as part of or above a garage) for use as a com-
plete, independent or semi-independent living unit with
provisions for cooking, eating, sanitation and sleeping,
and which complies with the design standards contained
in this code for ADUs.
"Accessory use, activity or structure" means a use,
activity, structure or part of a structure which is subordi-
nate and incidental to the permitted principal use or
building, located on the same lot or parcel with such
principal use or building, and erected or established only
after or in conjunction with the establishment of the
principal use or building.
"Acre, net" means a measurement of land after sub-
tracting public and private streets, rights-of-way, and
other unusable or nondevelopable areas of land from a
gross acre of land (forty-three thousand five hundred
sixty (43,560) square feet). (See also "Acre, gross.")
"Acre, gross" means a measurement of land equal
to forty-three thousand five hundred sixty (43,560)
square feet with no deductions or subtractions for ele-
ments such as public or private streets or nondevelop-
able areas. (See also "Acre, net.")
"Adjoining" or "adjacent" means property that
touches or is directly across a public or private right-of-
way. This does not include property across from limited
access highways or arterials with four (4) lanes of traffic
or more.
"Administrative Hearing Examiner" means a per-
son appointed with the powers set forth in Chapter 2.13
BMC. The term "Administrative Hearing Examiner"
shall likewise include the Examiner Pro Tem. As used in
this chapter, "Administrative Hearing Examiner" shall
not mean the Municipal Court Hearing Examiner estab-
lished pursuant to Chapter 2.62 BMC.
Adult Entertainment Business. See BMC
20.46.110.
"Adult family home" means a residential home in
which a person or persons provide personal care, special
care, room, and board to more than one (1) but not more
than six (6) adults who are not related by blood or mar-
riage to the person or persons providing the services;
provided, however, any limitation on the number of res-
idents resulting from this definition shall not be applied
if it prohibits the City from making reasonable accom-
modations to disabled persons in order to afford such
persons equal opportunity to use and enjoy a dwelling as
required by the Fair Housing Amendments Act of 1988,
42 U.S.C. 3604(f)(3)(b).
"Alley" means any public right-of-way or thor-
oughfare having a typical width of at least ten (10) feet,
but generally not more than thirty (30) feet, which has
been dedicated or deeded to the public for public use and
which affords only secondary means of access to abut-
ting properties, primarily for service purposes.
"Alteration" means any change in the size, shape,
method of illumination, position, location, construction
or the supporting structure of a sign.
"Alteration, structural" means any changes or
repairs to the supporting members of a structure, or to
the configurations of the roof or exterior walls, that
would prolong the life of the supporting members of a
building or structure. This does not include minor
actions such as adding a doorway or window, or attach-
ing architectural features, appurtenances, or adorn-
ments.
"Antenna tower" means any structure that is
designed and constructed primarily for the purpose of
supporting one (1) 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.
"Antenna, wireless" means any exterior equipment
attached or mounted to a building or tower in the form
of one or more rods, panels, discs or similar devices
(Revised 12/05)20.42-4
20.42.040
used for the transmission or reception of radio or elec-
tromagnetic frequency signals.
(1) An "omnidirectional antenna" transmits
and receives radio frequency signals in a three hundred
sixty (360) degree radial pattern. For the purpose of the
provisions set forth in BMC 20.46.140, an omnidirec-
tional 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 considered an omnidirec-
tional antenna.
(2) A "directional antenna" transmits and
receives radio frequency signals in a specific directional
pattern of less than three hundred sixty (360) degrees.
(3) A "parabolic antenna" is a device of gen-
erally parabolic shape for the reception and transmission
of radio frequency signals in a specific directional pat-
tern. Also referred to as a satellite dish.
"Applicant" means a person who applies for any
permit or approval to do anything governed by this title
and who has legal standing to apply for a permit or
approval on the specific property.
"Appurtenance" or "appendage" means a supple-
mental component, architectural feature, or decoration
that has been added to or extends outward from the exte-
rior of a building wall and is not a primary component
of the structure itself. This includes bay windows, low
decks, open porches, awnings, chimneys, and other sim-
ilar features.
"Area of a sign" means 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. (See
also BMC 20.52.060, Sign measurements.)
"Art gallery" means a room or series of rooms
where art such as paintings, sculptures or other works
are exhibited.
"Art studio" means a loft, room, group of rooms or
building in which an artist works. This includes facili-
ties for the production of photographic works (still or
motion), painting, sculpture, dance, music or similar
activities. A studio is often found in combination with a
gallery or may be an accessory use to a retail business or
other use. This does not include incidental artist work
areas within a residence, which produce no odors or
noise that negatively impact adjacent properties.
"Assisted living facility" means a residential facil-
ity for elderly persons (age fifty-five (55) or older) who
require moderate to extensive assistance with daily tasks
such as cooking, eating, bathing, housekeeping, dis-
pensing of medicines, shopping, appointments and other
tasks.
"Automobile sales" means an establishment prima-
rily engaged in the sale or rental of personal or commer-
cial vehicles such as cars, trucks, vans or motorcycles.
"Automobile service and repair" means an estab-
lishment primarily engaged in repairing, maintaining, or
servicing automobiles.
"Awning/canopy" means a temporary or movable
shelter (awning), or a fixed rigid shelter (canopy) sup-
ported 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 require-
ments, unless lighted signs are specifically prohibited in
that area or zone.
"Bay window" means a window projecting outward
from an exterior wall of a structure. The protrusion has
a maximum depth of thirty (30) inches, and a maximum
horizontal width of twelve (12) feet. The base of the pro-
jecting window is at least twenty-four (24) inches above
grade directly below the center of the window.
"Bed and breakfast" means an owner-managed and
owner-occupied residential single-unit dwelling in
which rooms or other overnight accommodations are
rented on a nightly basis. Meals may be included that are
included as part of the basic compensation. This does
not include group residential homes, boarding and
rooming houses.
"Boarding house" or "rooming house" means a sin-
gle-unit residential structure in which rooms without
kitchens are provided for nontransient persons and may
include meals. This does not include licensed care-pro-
viding facilities.
"Buffering" means a structural, earthy, or vegeta-
tive form used to minimize the impacts of one land use
upon another. A buffer may include any one or a combi-
nation of fences, walls, berms, high shrubs, trees, or
other landscaping. Distance separation is also a form of
buffering.
"Building code" means the International Building
Code and related codes as amended and adopted by the
City of Bremerton.
"Building coverage" means that portion of a lot
covered by the roof areas of all structures. This shall not
include open decks up to thirty (30) inches above
ground, except if it provides a roof over occupancy
underneath.
"Building envelope, allowable" means the three (3)
dimensional space within which a structure is permitted
to occupy. Height, floor area ratio, setbacks, lot cover-
age and similar restrictions establish the building enve-
lope.
"Building line" means a line on a lot, generally par-
allel to property lines and located a sufficient distance
from the property lines, to provide the minimum yard
areas required by this code. Building lines establish the
area within which buildings are permitted and do not
20.42-5 (Revised 12/05)
Bremerton Municipal Code 20.42.040
necessarily correspond with the location of any existing
structures or other improvements.
"Bulletin board/kiosk" means a permanent sign
structure intended to accommodate changeable copy
such as private or public notices, special event informa-
tion, 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.
"Car wash" means a business engaged in washing,
waxing, polishing, and general cleaning of automobiles,
small trucks, light utility vehicles and small recreational
vehicles, but that is not designed to handle larger com-
mercial trucks and buses. It includes self-service, full-
service, and automated car washes and auto detailing
services.
"Caretaker" means a person who maintains or
watches over someone else’s land or property on a part-
time or full-time schedule. The caretaker may live on the
property or elsewhere.
"Caretaker’s residence" means an accessory dwell-
ing unit provided by the owner of a property to be used
exclusively as living quarters for the caretaker(s) of that
property.
"Cell on wheels (COW)" means a mobile telecom-
munications facility transported by a motor vehicle for
temporary on-site use.
"Change of use" means a change in the utilization
or occupancy of a property or building from one use to
another.
"Changeable copy/readerboard sign" means a sign
structure that may be internally or externally illuminated
and intended to accommodate changeable lettering,
numbering, graphic displays, or other short-term mes-
sages. Generally used for commercial advertising or for
public service announcements of current or coming
events. (Also see "Public information/identification
sign.")
"City" means the City of Bremerton, Washington.
"Co-location" means the placing of a wireless tele-
communications antenna on an existing support struc-
ture.
"Community facility" means a facility operated by
a public agency or nonprofit organization for social
gatherings, meetings, learning, recreation, programs to
promote economic independence, or similar functions.
"Concealed" means a wireless telecommunications
antenna or facility that is not evident; it is disguised, hid-
den by or integrated with a structure that is not a tele-
communications tower; or, a personal wireless service
facility that is placed within an existing or proposed
structure.
"Construction sign" means a sign that relates
directly to a construction project taking place on the pre-
mises and may include such information as the name of
the project and contractors, phone numbers, completion
dates, and similar information about the project.
"Day care facility" means a facility licensed by the
state of Washington and approved by the City to provide
regular care for adults or children for periods of less than
twenty-four (24) hours.
"Deck" means an open platform wider than eigh-
teen (18) inches. A deck may be freestanding, cantile-
vered from a building, or connected to the ground with
steps or ramps. A deck that is higher than thirty (30)
inches above finish grade may be referred to as a raised
deck, a rooftop deck, a balcony, or other suitable term.
"Density" means a measure of residential concen-
tration, usually expressed as the number of dwellings
per acre of land. For the purposes of calculating allow-
able densities within this code, density shall be mea-
sured on a "net" basis, whereby unusable areas such as
rights-of-way and lands in public or shared ownership
shall be deducted from the overall area in the calcula-
tion. For example, a one hundred and twenty (120) acre
area containing twenty (20) acres of rights-of-way and
public lands and three hundred (300) dwellings has a
(net) density of three (3) dwellings per acre (three hun-
dred (300) dwellings/one hundred (100) usable acres).
(See also "Acre, net" and "Acre, gross.")
"Density, maximum" means the maximum number
of dwellings allowed per the net buildable acreage as
stated for each zone. Where not specified in a zone
chapter, no maximum density shall apply.
"Density, minimum" means the minimum number
of required dwellings per net buildable acre as stated for
each zone. Where not specified in a zone chapter, no
minimum density shall apply.
"Detoxification center" means a facility providing
for the care and treatment of an intoxicated person dur-
ing the period in which the person recovers from the
transitory effects of acute intoxication.
"Development coverage" means that portion of a lot
covered by the impervious surface areas of all struc-
tures, and impervious paved areas, such as driveways
and walkways.
"Directional sign" means a permanent sign which is
designed solely for the purpose of directing motor vehi-
cle, pedestrian, bicycle, or other traffic, or individuals
toward a specific destination or route.
"Director" means Bremerton’s Director of Commu-
nity Development and his/her designee.
"Drinking place" means an establishment selling
intoxicating beverages for consumption on the pre-
mises.
"Drive-through facility" means an automobile-ori-
ented facility designed primarily for drive-through
trade, and which provides service and caters to patrons
while in their motor vehicles. Drive-through facilities
conduct a majority of their business transactions with
(Revised 12/05)20.42-6
20.42.040
customers served in their motor vehicles. This does not
include gas stations, service stations, and auto repair
garages.
"Drive-through lanes" means a secondary or ancil-
lary drive-up service at a business that is primarily ori-
ented to walk-in or sit-down customers. The business
must conduct a majority of transactions with walk-in or
sit-down customers. (See also BMC 20.44.120, Ancil-
lary drive-through lanes.)
"Duplex" means a structure containing two (2)
dwelling units on a single lot.
"Dwelling unit" means a living space or combina-
tion of rooms designed to provide independent year-
round living facilities for one (1) family or household,
constructed to the minimum standards of the IBC or
HUD Code, and with provisions for sleeping, eating and
sanitation.
"Dwelling, conventional" means any building or
structure that is built or assembled (in the case of a mod-
ular structure) on the site and in conformance with the
provisions of the International Building Code (IBC).
"Dwelling, modular or factory-built" means build-
ings or structures that are constructed primarily in a fac-
tory and transported to the site for assembly or
installation. All temporary wheels, axles, and other
appliances used in the transport are removed at the des-
tination and the structure is permanently placed, unless
approved as a temporary placement by the City. Such
structures are constructed to the standards of either the
International Building Code (IBC) or the HUD Code.
(See also "Manufactured home.")
"Dwelling, multi-unit structure" means a structure
containing three (3) or more dwelling units. (Also
referred to as a "multifamily structure.")
"Dwelling, single-unit attached" means two (2) sin-
gle-unit dwellings (houses) that are attached at a com-
mon side lot line with each dwelling located entirely on
its own lot. This does not include row houses or other
housing types having more than two (2) attached units.
(See also "Zero lot line.")
"Dwelling, single-unit structure" means a structure
containing one (1) dwelling unit. (Also referred to as a
"single-family dwelling," or a "house.")
"Education" and "school" means an institution pri-
marily engaged in teaching and learning, operated by a
public school district, nonprofit organization, or a pri-
vate organization. Business and trade schools and Mon-
tessori schools are included, as are satellite buildings of
higher education colleges.
"Education, higher and college" means a higher
education college or university primarily engaged in
teaching and research, and comprised of multiple educa-
tional buildings within a campus setting.
"Entertainment use" means an establishment with a
primary function as a venue for entertainment activities
in an indoor facility, excluding motion picture theaters
and adult entertainment. Entertainment uses include
video arcades, bowling alleys, billiard halls, performing
arts centers, dance halls/night clubs and similar uses.
"Equipment structure" means a structure, shelter,
cabinet, or vault used to house and protect the electronic
equipment necessary for processing wireless communi-
cation signals. Associated electronic equipment may
include air conditioning, backup power supplies and
emergency generators.
"FAA" means the Federal Aviation Administration.
"FCC" means the Federal Communications Com-
mission.
"Fence" means a structure built to prevent escape or
intrusion, or to provide privacy, screening, or buffering
from noise or other undesirable impacts or activities
beyond the property line. Also includes freestanding
walls.
"Finance," "insurance" and "real estate" means an
establishment primarily involved in finance, such as
depository and nondepository institutions, holding com-
panies, investment companies, and brokers; insurance,
such as carriers of all types, agents and brokers; and real
estate, such as leasers, buyers, sellers, agents and devel-
opers.
"Foster home" means a dwelling unit in which a
full-time resident provides temporary care and supervi-
sion on a full-time basis to not more than six (6) foster
children, three (3) expectant mothers, or three (3) other
adults requiring full-time care.
"Franchise business" means a business granted
authorization by a manufacturer or parent company to
sell or distribute goods or services at a certain location.
"Freestanding sign" means a sign which is designed
solely for the purpose of directing motor vehicle, pedes-
trian, bicycle, or other traffic, or individuals, toward a
specific destination or route, which is not affixed to a
building.
"Frontage" means the actual length of the front
property line abutting a street or alley (if no street front-
age), or length of the property line of a flag lot that most
closely parallels the street it most directly relates to.
"Gas station" means a land use involving the retail
sale of gasoline or other motor vehicle fuel or oil. Gas
stations include self-service and full-service operations.
"Grade" means the lowest point of elevation of the
finished surface of the ground, paving or sidewalk
within the area between the building and the property
line. When the property line is more than five (5) feet
from the building, grade is the lowest point of elevation
of the finished surface between the building and a line
five (5) feet from the building. For structures built over
water, "grade" shall mean the elevation of the ordinary
high water mark. For the purposes of signs, "grade" is
the level of the ground surface immediately below a sign
or proposed sign location, and where slope is involved
20.42-7 (Revised 12/05)
Bremerton Municipal Code 20.42.040
is the average of the levels at each supporting member
of the sign’s structure.
"Grade, average final" means the average of the
final grade that will be directly under the proposed
building or structure. Calculations of the average final
grade shall be made by averaging the elevations at the
center of all exterior walls of the proposed building or
structure.
"Grade, existing" means the grade or topography
existing prior to any excavation, clearing, grading or
filling.
"Gross floor area" means the sum of all horizontal
areas of floors of a structure when measured from the
exterior faces of exterior walls, including glazed or
screened porches.
"Group residential" means shared living quarters
without separate kitchen facilities for each room or unit.
This classification includes group care residence for
those whose permanent residence is the group residen-
tial facility. It does not include transient lodging. This
definition shall not be construed to include crisis care
facilities, detoxification centers or housing of sexually
violent predators, as defined in RCW 71.09.020(16).
"Group residential facility - Class I (assisted liv-
ing)" means a group care residence for seven (7) or more
children and/or adults who for various reasons cannot
reside in their natural homes; and/or for persons who
have severe chronic disabilities or physical handicaps
that cause substantial functional limitations. This facil-
ity may provide physical therapy and training in social
skills. It does not include facilities to which persons are
assigned as a result of criminal conviction or those
where residents, individually or by their legal guardians,
are not free to terminate their residency at will.
"Group residential facility - Class II" means a group
care residence for juvenile delinquents, the mentally ill,
persons serving a sentence in lieu of confinement, per-
sons needing correctional or mental rehabilitation, or
persons needing rehabilitation and treatment for social
and/or family problems, drug or alcohol addiction, or
abuse. This definition includes programs providing
alternatives to imprisonment; transition back into the
community including prerelease, work-release, and pro-
bationary programs that are under the supervision of a
court, state, or local agency. Teaching of work or social
skills may be provided in this class facility but it does
not include drug or alcohol detoxification centers.
"Group residential home" means a residential home
in which a person or persons provide personal care, spe-
cial care, room, and board to more than one (1) but not
more than six (6) children and/or adults who are not
related by blood or marriage to the person or persons
providing the services; provided, however, any limita-
tion on the number of residents resulting from this defi-
nition shall not be applied if it prohibits the City from
making reasonable accommodations to disabled persons
in order to afford such persons equal opportunity to use
and enjoy a dwelling as required by the Fair Housing
Amendments Act of 1988, 42 U.S.C. 3604(f)(3)(b).
"Heavy industrial/manufacturing" means a land use
involving assembly, construction, research and testing,
processing or extraction of goods or materials, with the
potential to create noise, smoke, dust, vibration, odor or
other environmental impacts or pollution. Storage of
equipment or products having similar environmental
impacts are also included. Heavy industrial/manufactur-
ing uses include extraction or refinement of raw materi-
als, mass production of large durable goods, production
of industrial chemicals, rolling or drawing of metals,
and any process that involves extensive use of hazard-
ous or volatile materials or chemicals. Production pro-
cesses that produce continuous high levels of noise,
produce obnoxious odors detectable off-site, or produce
off-site light or glare impacts constitute heavy indus-
trial/manufacturing. (See also "Light industrial/manu-
facturing.")
"Height" in the context of wireless telecommunica-
tions facilities means the following:
(1) Related to Tower I and Tower II support
structures, "height" means the dimensions 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 20.44.070, except that
the highest point of a building with a pitched or hipped
roof shall be considered, for purposes of this definition,
to be the highest point of the roof.
"Home occupation" means any nonresidential use
carried out for monetary gain which is secondary to the
use of the property for residential purposes, and which
is operated in accordance with the home occupation
standards of this code.
"Homeowners’ association" means an association
of homeowners that has responsibility for commonly
owned property within its residential development and
which enforces covenants and restrictions on commonly
owned areas or private property.
"Hospital" means a licensed institution providing
primary health care services and medical or surgical
care to persons, primarily inpatients, suffering from
physical or mental conditions, and which may include
related facilities as an integral part of the institution.
"Hotel" and "lodging place" means an establish-
ment that offers transient lodging accommodations to
the general public, and which may provide such related
services such as restaurants, meeting rooms, gift shops,
beauty shops and recreational facilities.
"Household" means all persons, regardless of age,
sex, or family relationships, that reside as a single unit
in a dwelling intended for single household occupancy.
Such group quarter facilities as dormitories, boarding
(Revised 12/05)20.42-8
20.42.040
houses, nursing homes or similar accommodations typi-
cally do not provide facilities for households.
"Identification sign" means 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.
"Illegal sign" means 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.
"Impervious surface" means any material which
reduces or prevents absorption of storm water into pre-
viously undeveloped land. (See also "Paved surface.")
"Incidental signs" means signs that are intended for
the convenience of the public, which are informational
only, and which do not include the advertising of prod-
ucts or services. Such signs include business hours
signs, credit card signs, entrance and exit signs, and sim-
ilar signs, some of which may be required by law for
safety purposes.
"Junk yard" means a place where discarded or sal-
vaged materials are bought, sold, exchanged, stored,
baled, packed, disassembled, or otherwise handled. This
includes automotive wrecking yards, house wrecking
yards, and storage of structural steel materials and
equipment, but does not include used or salvaged
machinery in operable condition nor the processing of
used, discarded or salvaged materials as a minor part of
manufacturing operations.
"Kennel" means an establishment where five (5) or
more domestic animals older than six (6) months are
kept, whether for compensation or not. This does not
include veterinary clinics/hospitals, pet shops or zoos.
"Light industrial/manufacturing" means a land use
involving assembly, processing or research and testing
of parts or materials or chemicals made or refined at
another location. Light industrial/manufacturing uses
have little or no potential of creating noise, smoke, dust,
vibration or other environmental impacts or pollution.
Production processes do not employ the extensive use of
hazardous or volatile materials or chemicals, produce
continuous high levels of noise, produce obnoxious
odors detectable off-site, or produce off-site light or
glare impacts. Storage of equipment or products that do
not create environmental impacts, and mini-storage is
included. (See also "Heavy industrial/manufacturing.")
"Loading area" means an area designed and
intended for the temporary parking of a vehicle while
loading or unloading passengers, merchandise or other
materials.
"Lot" means any area, tract or parcel of land owned
by or under the lawful control and in the lawful posses-
sion of one distinct ownership undivided by a dedicated
street or alley or another ownership, and which has a
minimum of twenty (20) feet of frontage on a street.
"Lot area" means the area within the boundary lines
of a lot. When creating new lots, the calculation for each
new lot area shall not include public and private streets,
wetlands, and other areas that may be restricted from use
or from the types of development allowed by the zone in
which the property is located, except when an unbuild-
able environmentally sensitive area, as defined per
BMC 20.14.280, comprises twenty-five (25) percent or
less of the lot, it may be included in the lot area.
"Lot line, front" means any property line that abuts
a public street, private street, alley (if the alley provides
primary access) or ordinary high water mark, and is con-
sidered a frontage. (See also Figure 20.44(a).)
"Lot line, rear" means the property line most oppo-
site or most distant from the designated front lot line and
does not intersect any front lot line. Corner lots do not
have rear lot lines. (See also Figure 20.44(a).)
"Lot line, side" means any lot line not defined as a
front or rear lot line, or any lot line that intersects a front
lot line. (See also Figure 20.44(a).)
"Lot, depth" means the horizontal distance between
the front and rear property lines of a lot, measured along
a line midway between the side property lines. The
depth of an irregular lot or a lot having more or fewer
than two (2) side lot lines will be determined in the most
reasonable manner, based on the lot’s longest average
dimension.
"Lot, flag" means a lot with access to its street by
way of a narrow strip of land having a minimum width
of twenty (20) feet. A flag lot consists of two (2) parts.
(1) The "flag" or main body of the lot; and
(2) The "panhandle" or narrow accessway
connecting the body of the lot to the street.
"Lot, waterfront" means a lot of which any portion
abuts wetlands or any water body regulated under the
Bremerton Shoreline Master Program.
"Lot, width" means the average horizontal distance
between side lot lines, measured at right angles to the lot
depth line. The Director may use reasonable modifica-
tions to this procedure when determining the width of an
irregular lot.
"Maintain" means to allow to exist or continue to
exist. Also, where the context indicates, to keep in a
safe, neat and clean condition.
"Manufactured home" means a single-family
dwelling required to be built in accordance with regula-
tions adopted under the National Manufactured Housing
Construction and Safety Standards Act of 1974 (42
U.S.C. 5401 et seq.). The unit shall bear an insignia
issued by a state or federal regulatory agency indicating
that the manufactured home complies with all applica-
ble construction standards of the U.S. Department of
Housing and Urban Development (HUD). Commercial
coaches, recreational vehicles, travel trailers, and motor
20.42-9 (Revised 12/05)
Bremerton Municipal Code 20.42.040
homes are neither manufactured homes nor dwelling
units. (See "Mobile home.")
"Marina" means a facility which provides moorage
or wet or dry storage for watercraft or float planes, and
which may offer marine-related sales and services.
"Marquee" means 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.
"Medical laboratory" means a facility primarily
engaged in providing analytic or diagnostic services on
human specimens, including body fluid or body tissue,
or performing diagnostic imaging, to government agen-
cies, to the medical, dental, or other health service pro-
fessions or to the patient; includes the fabrication of
dentures, eyeglasses and contact lenses, and prosthetic
devices.
"Medical office" and "clinic" means an establish-
ment primarily engaged in providing medical, dental or
other health care services to patients on the premises,
but which excludes facilities for overnight patient care.
Medical clinics that do not have facilities for overnight
patient care are included. Veterinary offices and clinics
that do not have facilities for overnight care are
included.
"Mobile home" means a factory-built dwelling built
before June 15, 1976, to standards other than the
National Manufactured Housing Construction and
Safety Standards Act of 1974 (42 U.S.C. 5401 et seq.),
and acceptable under applicable state codes in effect at
the time of construction or introduction of the home into
this state. Mobile homes are accommodated within
some existing mobile home parks, but are not allowed
on individual lots. (See "Manufactured home.")
"Monument sign" means a freestanding sign placed
on a base of solid appearance, wherein the width of the
base is equal to at least forty (40) percent of the width of
the sign face.
"Motion picture theater" means any premises in
which motion pictures are shown as the principal use of
the premises, and wherein fees of any kind are charged,
and wherein such movies are shown on a regular basis.
"Multiple-building complex" means a group of
structures housing a combination of business, office,
residential, or other uses, and which shares a common
area, access, parking and/or other facilities.
"Multiple-occupancy building" means a single
building housing more than one (1) retail business,
office, commercial venture or other allowed land use.
"Museum" and "gallery" means a building, room,
vessel (boat or ship), or site intended for the preserva-
tion and exhibition of artistic, historical, or scientific
objects.
"Nonconforming sign" means a sign that was
legally established, but no longer conforms to the cur-
rent sign standards of this title.
"Nursery" and "greenhouse" means facilities used
for the propagation and sale of agricultural or ornamen-
tal plants and related products:
(1) "Retail nursery/greenhouse" offers prod-
ucts to the general public including plant materials,
planter boxes, fertilizer, sprays, garden tools, and
related items.
(2) "Wholesale nursery/greenhouse" raises
nursery stock for sale to retail nurseries or other busi-
nesses.
(3) "Greenhouse" means a nursery facility
constructed with transparent or translucent materials for
indoor propagation of plants. A private greenhouse with
no commercial sales is considered an accessory use.
"Nursing/convalescent home" means any home,
place or institution which operates or maintains facili-
ties providing convalescent or chronic care, or both, for
a period in excess of twenty-four (24) consecutive hours
for three (3) or more patients not related by blood or
marriage to the operator, who, by reason of illness or
infirmity, are unable properly to care for themselves.
Convalescent and chronic care may include but not be
limited to any or all procedures commonly employed in
waiting on the sick, such as administration of medicines,
preparation of special diets, giving of bedside nursing
care, application of dressings and bandages, and carry-
ing out of treatment prescribed by a duly licensed prac-
titioner of the healing arts. It may also include
community-based care. This does not include group res-
idential facilities, hospitals, sanitariums, or treatment
centers.
"Office" and "business service, general" means a
place of employment providing services other than pro-
duction, distribution, sale or repair of goods or commod-
ities, excluding personal business services and medical
offices. General office and business services include:
legal, architectural, engineering, consulting or other
professional services, or management, administrative,
secretarial, marketing, advertising, or similar services.
"Off-premises sign" means any sign, including bill-
board signs, that contains a message or directs attention
to a business, profession, product, event, activity, or ser-
vice 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 faces(s) that contain(s) the message or
direction noted above, as well as the pole or other struc-
ture 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.
(Revised 12/05)20.42-10
20.42.040
Open Space. For zoning and development pur-
poses, specific areas may be required for outdoor recre-
ation, resource or sensitive areas protection, amenities,
safety, or buffering. The calculations of areas desig-
nated to meet open space requirements may not include
driveways, parking areas, required yard areas, land
occupied by buildings or structures, nor other impervi-
ous surfaces that are not related to the open space.
"Outdoor athletic fields" means outdoor facilities
used for sporting activities such as softball, baseball,
football, soccer, running track, tennis complex and other
nonmotorized sports. Outdoor athletic fields may
include bleachers, concession stands, lights, restrooms
and other supporting facilities.
"Parcel" means a continuous quantity of land in sin-
gle ownership or under single control, consisting of one
(1) or more lots, and considered a unit for purposes of
development. (See "Lot.")
"Park," "playground" and "open space" means a site
designed, developed, or reserved for recreational use by
the public, such as play areas, community gardens and
natural areas.
"Parking, satellite" means a parking lot containing
parking stalls required for a permitted land use, but in a
location not contiguous to or abutting the permitted land
use.
"Parking, structure" means a parking lot in which
parking stalls are located either below grade, or in a
multilevel building structure.
"Paved surface" means a surface paved with
asphalt, concrete, concrete pavers, brick or similar dura-
ble materials. Low impact development technologies
such as "grass-crete" or pervious pavement, which pro-
vide a hard surface while allowing for water penetration,
shall be classified as paved areas. Paved areas do not
include gravel, crushed rock, and similar nonbound
materials.
"Personal service" means an establishment engaged
primarily in providing services involving the care of a
person, apparel or minor appliances, such as: shoe
repairs, laundry and dry-cleaning, beauty and barber
shops, clothing/costume rental, tanning, other personal
grooming facilities and domestic assistance services,
and personal computing device or cellular phone
repairs. This does not include massage parlors, health
care services, exercise establishments, nor funeral ser-
vices.
"Physical fitness and health club" means an estab-
lishment primarily engaged in providing facilities for
indoor physical fitness activities and recreation. Physi-
cal fitness and health clubs may include such facilities
as gymnasiums, swimming pools, and ball courts.
"Pier" means a fixed structure, or a permanently
moored floating structure, built over tidelands or shore-
lands, and used for a marine landing or moorage for
watercraft.
"Pole sign" means a freestanding sign supported by
uprights or braces wherein the width of the uprights or
braces comprises less than forty (40) percent of the
width of the sign face.
"Porch" means a roofed open area attached to a
building or other structure, usually at an entrance to the
structure. A porch that is enclosed, glazed or screened
may lose its status as an appurtenance.
"Portable sign" means any sign designed to be
moved easily and not permanently affixed to the ground
or to a structure or building. A-frame or sandwich board
signs and movable readerboard signs are examples.
"Premises" means contiguous land in the same
ownership or control not divided by a street or public
right-of-way.
"Private club or lodge" means structures, facilities
and grounds owned or operated by a private or fraternal
organization for use by its members and guests.
"Product sign" means any sign with a face consist-
ing of more than fifty (50) percent of the area devoted to
the advertisement of a commercial product or product
logo without integrated advertising for the on-premises
business establishment, community facility, or tempo-
rary event.
"Projecting sign" means a sign, other than a wall
sign, which is attached to and projects from a structure
or building facade and the face(s) of which is not paral-
lel to the building’s facade. This sign may be supported
by a structure in addition to its building or wall support.
"Provider" means every corporation, company
association, joint stock company, firm, partnership, lim-
ited liability company, other entity and individual
licensed to provide personal wireless services over per-
sonal wireless communication facilities.
"Public administration" means services and facili-
ties operated by public agencies and serving a commu-
nity need, and generally including staffed facilities or
office spaces. These include government offices, post
offices, satellite police and fire station, and other public
buildings.
"Public distribution/transmission facility" means
the infrastructure lines and connections employed in the
delivery and conveyance of utility services. Distribution
facilities include equipment such as pipes, wires, cables
and similar equipment necessary for delivering utilities
including water, sewer, electricity, gas, broadband, and
other services. Publicly owned utilities as well as pri-
vately owned utilities that serve the general public are
included. (See also "Public utility facility.")
"Public utility facility" means facilities provided
for the benefit of the general public related to infrastruc-
ture and utilities. These include structures and equip-
ment such as transfer stations, substations, pumping
stations, distribution mains, wells, and related utility
facilities and the structures that house them. Publicly
owned utilities as well as privately owned utilities that
20.42-11 (Revised 12/05)
Bremerton Municipal Code 20.42.040
serve the general public are included. (See also "Public
distribution facility.")
"Public information/identification sign" means a
sign intended solely to inform the public of events or
activities of community interest, to identify the entrance
to or exit from the City or a district or neighborhood
within the City, and which does not include the advertis-
ing of any business, product or service of a commercial
nature, nor any logo, symbol, or other indication of a
commercial message or sponsorship.
"Public services" means services provided for the
benefit of the general public, including fire protection
and suppression, law enforcement, public health, educa-
tion, information, recreation, environmental protection,
development assistance/permitting, etc.
"Recreational vehicle" means a vehicular-type unit
primarily designed for recreational camping or travel
use that has its own motive power or is mounted on or
towed by another vehicle. These units include, but are
not limited to, travel trailers, fifth-wheel trailers, folding
camping trailers, truck campers, and motor homes.
"Recreational vehicle (RV) park" means a facility
designed to provide two (2) or more sites on which to
park travel trailers, motor homes or similar recreational
vehicles for periods not to exceed thirty (30) days.
Accessory uses to an RV park often include a swimming
pool, playground equipment, convenience store, bathing
and laundry facilities, and other camping/travel ser-
vices.
"Recycling center" means a facility for the collec-
tion, storage and processing of recyclable materials
including crushing, breaking, sorting, packaging and
related operations. A "junk yard" is not a recycling cen-
ter.
"Recycling collection station" means a facility con-
sisting of structures, bins, or other containers designed
or intended for the collection and temporary storage of
recyclable materials until they are picked up and trans-
ported to another location for processing and/or packag-
ing.
"Recycling collection station (limited)" means a
recycling collection station for the collection of glass,
tin cans, aluminum, cardboard, newspaper, magazines,
plastics, and other recyclables in small units, but not
including large appliances, furniture, auto parts, tires,
hazardous or liquid wastes, or any forms of domestic
garbage (putrescible wastes).
"Rehabilitation" means the upgrading of a building
from a dilapidated or substandard condition.
"Residential, as secondary use" means when per-
mitted in a nonresidential zone, a residential land use is
not always accessory to other uses, but is considered
secondary and subordinate to the principal uses of that
zone. Residential uses are placed in locations that don’t
conflict with street level frontage locations that are
reserved for retail, office and other business uses that
comprise the primary function of that zone. (See design
standards in center and corridor zones.)
"Residential use" means structures meeting the def-
inition of Group R, Division 3 occupancies under the
edition of the International Building Code currently
adopted for use by the City.
"Restaurant" means a commercial use which sells a
variety of prepared food and beverages and provides
accommodations for consuming those products on or off
the premises.
"Restaurant, fast food" means an establishment
whose principal business is the sale of a limited variety
of preprepared or rapidly prepared food and beverages
directly to the consumer for consumption either on-pre-
mises or off-premises. Food is generally not served to
the customers’ tables, but is more often dispensed
through a walk-up counter or drive-through take-out
window.
"Retail, general" means an establishment primarily
engaged in the sale or rental of goods or merchandise to
the general public for personal or household consump-
tion, and primarily rendering services incidental to the
sale of such goods. Establishments with a portion of
their sales going to other businesses or contractors, such
as office supply stores, butcher shops, paint stores, hard-
ware stores and similar shall also be considered general
retail. Art studios shall also be included. General retail
uses do not exceed seventy-five thousand (75,000) gross
square feet of ground floor building area and do not
include gas stations or automobile sales.
"Retail, large" means an establishment with a build-
ing area of seventy-five thousand (75,000) gross square
feet or greater in the ground floor, primarily engaged in
the sale or rental of goods or merchandise to the general
public or other businesses for personal, household or
business consumption and primarily rendering services
incidental to the sale of such goods. Large retail uses
often include wholesale stores, discount stores, malls,
shopping plazas, outlet centers, department stores and
similar.
"Sandwich board sign" means a portable sign con-
structed 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 typi-
cally form the shape of a letter "A" when opened and
resting on the ground.
Satellite Dish. See "omnidirectional antenna" under
"Antenna, wireless."
"Senior citizen" means an individual of fifty-five
(55) years of age or older.
"Senior housing complex" means a planned resi-
dential community, intended and operated for occu-
pancy by senor citizens, which consists of any mix of
detached single-family or duplex dwellings and/or
retirement apartments, wherein at least eighty (80) per-
(Revised 12/05)20.42-12
20.42.040
cent of the occupied units are occupied by at least one
(1) senior citizen.
"Setback, minimum" means the required horizontal
distance between the finished exterior wall of a structure
and the lot line of the lot on which it is located. All por-
tions of a structure must be a located away from the
property line a distance equal to or greater than the min-
imum setback.
"Setback, maximum" means a required maximum
horizontal distance between the finished exterior wall of
a structure and the lot line of the lot on which it is
located. Where maximum setbacks are stipulated, zone
districts specify what portion of the structure’s finished
front facade width must be located a distance equal to or
lesser than the maximum setback from the property line.
A maximum setback shall apply to the height of a struc-
ture up to fifteen (15) feet above grade, or the height of
the building, whichever is less. Where not specified, no
maximum setback shall apply.
"Shopping center" means a contiguous collection of
retail businesses under one (1) ownership or common
management located in a building or set of buildings.
"Sidewalk vendor" means a person(s) who sells edi-
ble or nonedible merchandise from a stand, booth, cart,
basket, tray, table or other device on any sidewalk,
street, highway or public place. They are not categorized
as a land use.
"Sign" means any communication device, structure,
or fixture which is intended to identify a building, use,
business, or event; or to promote the sale of products,
goods or services; using graphics, letters, figures, sym-
bols, trademarks or written copy. Painted wall designs
or patterns which do not represent a product, service or
registered trademark, and which do not identify the user,
are not considered signs. (See sign provisions of this
code.)
"Sign structure" means any structure specifically
intended to support a sign, and which may include sup-
ports, uprights, braces, framework, or other members
needed for support.
"Social services" means establishments primarily
engaged in providing social and rehabilitation services
to improve life skills and increase socioeconomic
opportunities for neighborhood or community residents
of all ages. Establishments primarily engaged in provid-
ing welfare and charitable functions are included.
"Stadium and sports complex" means a large struc-
ture for open-air sports and entertainment generally con-
sisting of tiered seating where people can sit and watch
games or events. Sports complexes may also include
recreational motor vehicle tracks such as go-cart tracks.
Associated field houses and facilities for serving food
are often included.
"Storage yard, outdoor storage" means an outdoor
area where vehicles, equipment, merchandise, raw
materials, or other items are accumulated and stored for
an indefinite period until needed. Storage yards are
often used in conjunction with a warehouse, storage
buildings, sheds or other structures and may be public or
private. Unless a function of a government agency or
public utility, storage yards are considered accessory to
a business or other principal use.
"Story" means that portion of a building that
extends from the floor surface to the surface of the floor
above or, in the case of a top floor, to the ceiling or roof
above. If a finished floor level is more than six (6) feet
above the finished grade for more than fifty (50) percent
of the total perimeter, the area beneath that floor shall be
considered a story.
"Street" means the improved section of any public
or private right-of-way intended primarily for motor
vehicle travel and which affords the principal means of
access to abutting property, together with bicycle lanes,
sidewalks, and related improvements.
"Street, private" means a parcel at least twenty (20)
feet in width, created specifically to provide motor vehi-
cle access to abutting properties, the owners of which
share in its ownership and maintenance responsibilities.
"Structure" means that which is built or con-
structed.
"Structure, accessory" means a structure that is
incidental and subordinate to a principal structure and
which is customarily found in connection with the prin-
cipal structure and located on the same lot or parcel.
"Structure, principal" means a structure containing
one or more principal uses, as permitted by the zone in
which the property is located.
"Structure, temporary" means a structure which
does not have, nor is it required by the International
Building Code to have, a permanent attachment to the
ground but is subject to building permits.
"Support structure" means any existing or proposed
building, utility pole, or tower capable of supporting a
wireless telecommunications antenna. Support struc-
tures include, but are not limited to, existing buildings,
water towers, and utility poles and/or towers.
"Temporary sign" means a sign that is not perma-
nently 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, but not including
political or election signs. For the purposes of this code,
temporary signs are those displayed for between seven
(7) and sixty (60) days.
"Tower" means any structure that is designed and
constructed primarily for the purpose of supporting one
(1) or more antennas, including but not limited to self-
supporting lattice towers, guy towers or monopole tow-
ers.
(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.
20.42-13 (Revised 12/05)
Bremerton Municipal Code 20.42.040
"Townhouse," for purposes of this code, means a
single-unit structure in a row of at least three (3) such
units in which each unit has its own front and rear access
to the outside, no unit is located over another, and each
is separated from any other unit by one (1) or more com-
mon fire-resistant walls. Ownership of each unit
includes ownership of an individual parcel of land
beneath the unit and usually includes a privately owned
outdoor area as well (private yard or open space). The
remainder of the grounds, private streets or driveways,
and recreational facilities are owned in common, similar
to condominium ownership.
"Transient person" means a temporary lodger who
stays no longer than thirty (30) days per visit.
"Transportation facility" means facilities in support
of mass transit or multimodal forms of transportation,
including transit stations, transit stops, taxicab stands,
transportation services, bicycle facilities and similar.
"Use" means the purpose or activity for which land
or improvements are intended, occupied or maintained.
"Use, accessory" means a use that is incidental and
subordinate to a principal use, which customarily is
found in connection with the principal use, and which is
located on the same lot or parcel such as a private
garage, hobby shop, workshop, personal greenhouse,
and required off-street parking.
"Use, conditional" means a use that is not permitted
outright, but may be approved through a conditional use
permit process. "Conditional use" shall have the same
meaning as "special use," as employed in Bremerton
Municipal Code.
"Use, principal" means the primary or main use
conducted or allowed on a lot or parcel.
"Use, temporary" means a use that may occur on a
lot on a short-term or seasonal basis for a prescribed
period of time, which usually does not exceed a six (6)
month duration during a twelve (12) month period.
"Vehicle- or trailer-mounted sign" means a sign
placed or maintained on a stationary automobile, truck,
trailer, or any other motor-driven vehicle. Vehicle- or
trailer-mounted signs do not include signs painted or
placed on commercial vehicles announcing or advertis-
ing 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, nor signs on
public transit vehicles including buses and licensed taxi-
cabs.
Vesting. A fully completed development applica-
tion is "vested" at the time it is received by the permit-
ting authority. The development may then be processed,
permitted and carried out under the zoning, land divi-
sion, and other regulations that were in effect when vest-
ing occurred.
"Veterinary clinic" and "animal hospital" mean a
facility providing routine and emergency medical atten-
tion to domestic pets and other animals.
"Wall sign" means a sign attached directly to or
erected against the wall of a building with the face par-
allel to the facade of the building and extending no more
than twelve (12) inches from the wall.
"Warehousing" means establishments involved in
the storage and/or sale of bulk goods for resale or assem-
bly, including wholesaling. This does not include estab-
lishments offering the sale of bulk goods to the general
public, which may be classified as large retail.
Whip Antenna. See "omnidirectional antenna"
under "Antenna, wireless."
"Wireless telecommunications facility" means a
facility for the transmission and reception of radio or
microwave signals used for communication, cellular
phones, 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.
"Worship and religious facility" means a building
or structure primarily intended as a place for public wor-
ship and related activities such as religious education,
meeting halls, and kitchens, or places for personal wor-
ship or meditation. It does not include preschools, paro-
chial schools, day care facilities, major recreational
facilities, vehicle or equipment storage yards, or other
functions that are not clearly a necessary or integral part
of the religious institution.
"Yard" means that portion of a lot that lies between
a lot line (property line) and the building line. (See also
"Lot, front," "Lot, side," and "Lot, rear.")
(1) "Front yard" means the yard area extend-
ing the full width of the front of a lot between the front
property line (lot line) and the front building line.
(2) "Rear yard" means a yard extending the
full width of the lot between the rear property line (lot
line) and the rear building line. When irregular lots,
through lots, and corner lots have no rear lot lines, they
will have no rear yard areas as defined.
(3) "Side yard" means a yard between the side
lot line and the side building line and extending from the
front yard to the rear yard. Triangular lots, corner lots,
or other irregularly shaped lots may have only front and
side yards. Through lots generally have two (2) front
yards and two (2) side yards, but no rear yard as defined.
Yard, Construction or Storage. See "Storage yard."
"Zero lot line" means the location of a building on
a lot in such a manner that one (1) of its sides rests
directly on a side lot line with no setback. (Ord. 4950 § 8
(Exh. A) (part), 2005)
20.44-1 (Revised 12/05)
Bremerton Municipal Code 20.44.030
Chapter 20.44
GENERAL DEVELOPMENT STANDARDS
Sections:
20.44.010 FRONT YARD.
20.44.020 TRADITIONAL FRONT YARD.
20.44.030 SIDE YARD.
20.44.040 REAR YARD.
20.44.050 ALTERNATIVE SETBACKS.
20.44.060 ACCESSORY STRUCTURE
SETBACKS.
20.44.070 MEASURING THE HEIGHT OF
A STRUCTURE.
20.44.080 CALCULATING LOT AREA.
20.44.090 ROUNDING OF FRACTIONS
OF DWELLING UNITS.
20.44.100 FLAG LOTS.
20.44.110 LIGHTING REGULATIONS.
20.44.120 ANCILLARY DRIVE-
THROUGH LANES.
20.44.010 FRONT YARD.
(a) The front yard is the area extending the full
width of the front of a lot between the front lot line and
the front building line. (See Figure 20.44(a) for an illus-
tration of front yards.) Structure intrusions into front
yard setbacks are prohibited except:
(1) Eaves, cornices, awnings, bay windows,
architectural appendages, fireplaces, and chimneys and
may project not more than two (2) feet into the front
yard setback;
(2) Decks, platforms, porches, steps, walk-
ways, and driveways that do not exceed thirty (30)
inches in height above the finished grade;
(3) Raised decks, high or enclosed porches,
balconies or similar architectural appendages that
extend more than thirty (30) inches above finished grade
may project not more than six (6) feet into the front yard
setback;
(4) Fences and freestanding walls that meet
the requirements set forth in BMC 20.46.020 may be
allowed.
(b) Front yard setbacks shall be applied in the fol-
lowing manner for through lots:
(1) Through Lot. A through lot has two (2)
front lot lines parallel or approximately parallel to each
other. The front yard setback shall apply to each front lot
line, except the Director may designate one (1) of the
front lot lines a rear lot line, provided the following cri-
teria are met:
(i) Orientation of the lot or structure shall
be considered;
(ii) At least sixty (60) percent of the lots
or structures within the neighborhood block, or area
being considered, are oriented in a similar direction
away from the lot line being designated as a rear lot line;
(2) Corner Lots. Corner lots have abutting
streets that intersect. The front yard setbacks shall apply
to each front property line.
(3) Exceptions. When a property contains
three (3) or more front yards, the Director may grant
exceptions to maximum front yard setback requirements
provided:
(i) The maximum front yard setback
continues to be applied to at least two (2) front yards that
intersect each other;
(ii) Relief is necessary to facilitate good
design; and
(iii) A strict application of the setback
requirement would result in larger structures that are not
practical for the intended use of the site. (Ord. 4950 § 8
(Exh. A) (part), 2005)
20.44.020 TRADITIONAL FRONT YARD.
In residential zones, the Director may grant modifi-
cations to the front yard setback provided:
(a) Sixty (60) percent or more of the houses or
garages/carports within a numbered block on the same
side of the street as the subject property are set back less
than the required zoning front yard setback; the average
setback of the existing nonconforming structures may
be used to establish the minimum front yard of all prop-
erties fronting on that side of the street;
(b) No new structure may be set back less than five
(5) feet from the front of the structures on the adjoining
lots; and
(c) The minimum front yard setback shall in no
case be less than five (5) feet. (Ord. 4950 § 8 (Exh. A)
(part), 2005)
20.44.030 SIDE YARD.
The side yard is the area extending between the side
lot line and the side building line and extends from the
front yard to the rear yard. Triangle lots, corner lots and
other irregular lots may have only front and side yards
and no rear yards. Structure intrusions into side yard set-
backs are prohibited except:
(a) Eaves, cornices, awnings, fireplaces, and
chimneys may project not more than two (2) feet into the
side yard setback;
(b) Platforms, steps, walkways, and driveways
(does not include parking spaces) that do not exceed
thirty (30) inches in height above the finished grade; and
(c) Fences and freestanding walls that meet the
requirements set forth in BMC 20.46.020. (Ord. 4950
§ 8 (Exh. A) (part), 2005)
(Revised 12/05)20.44-2
20.44.040
20.44.040 REAR YARD.
The rear yard is the area extending the full width of
the lot between the rear lot line and the rear building
line. Structure intrusions into rear yard setbacks are pro-
hibited except:
(a) Eaves, cornices, awnings, architectural
appendages, fireplaces, and chimneys and may extend
no more than two (2) feet into the required rear yard area
setback, and are no closer than three (3) feet from any lot
line.
(b) Decks, platforms and open, uncovered
porches, provided they do not exceed thirty (30) inches
in height above the finished grade and are no closer than
three (3) feet from any lot line.
(c) Fences and freestanding walls that meet the
requirements set forth in BMC 20.46.020; and steps,
walks and driveways, provided they do not exceed thirty
(30) inches in height above the finished grade. (Ord.
4950 § 8 (Exh. A) (part), 2005)
20.44.050 ALTERNATIVE SETBACKS.
The Director may approve alternative setbacks that
generate a public benefit, provided the following criteria
are satisfied:
(a) Total site area within setbacks shall be equal to
or exceed that created by adherence to the standard set-
backs;
(b) There shall be a finding of public benefit that is
consistent with the goals and policies of the Comprehen-
sive Plan. An example of public benefit includes but is
not limited to reduction of setback adjacent to a street or
other public right-of-way in exchange for increased set-
back from a development-sensitive environment such as
a wetland or an existing incompatible land use; and
(c) The development plan shall not be inconsistent
with the intent of any provision of the zoning code.
(Ord. 4950 § 8 (Exh. A) (part), 2005)
20.44.060 ACCESSORY STRUCTURE
SETBACKS.
(a) Accessory structures shall observe the front
yard setback requirements of the zone in which they are
located except for intrusions per BMC 20.44.010,
20.44.030, and 20.44.040.
(b) Accessory structures in residential zoning dis-
tricts may be constructed no closer than three (3) feet
from the side or rear property lines that adjoin other
property. No setback is required if the side or rear prop-
erty line adjoins an alley.
(c) Accessory structures for the keeping of live-
stock or fowl shall conform to the requirements of BMC
7.08.700. (Ord. 4950 § 8 (Exh. A) (part), 2005)
20.44.070 MEASURING THE HEIGHT OF A
STRUCTURE.
The height of a building or structure shall be mea-
sured as the distance from the average final grade to the
highest point of the structure. Exceptions: penthouse for
elevators, firewalls, chimneys, and flagpoles may
exceed maximum height limits. None of these excep-
tions to the height regulations shall be used for advertis-
ing of any kind. (Ord. 4950 § 8 (Exh. A) (part), 2005)
20.44.080 CALCULATING LOT AREA.
Lot area shall include all areas within the exterior
lot lines less any water areas, wetlands and other areas
that may be restricted from use or from the types of
development allowed by the zone in which the property
is located. Lot widths, depths and setbacks on shoreline
lots are measured from the ordinary high water mark.
(See Figure 20.44(b) for an illustration of measuring lot
area.) (Ord. 4950 § 8 (Exh. A) (part), 2005)
20.44.090 ROUNDING OF FRACTIONS OF
DWELLING UNITS.
The number of dwelling units allowed on property
using density calculations is determined by dividing the
lot size by the number of square feet permitted per
dwelling unit. When this number results in a fraction,
round up to the next whole number (unit) when the frac-
tion of a whole number is at least 0.66. (Ord. 4950 § 8
(Exh. A) (part), 2005)
20.44.100 FLAG LOTS.
A flag lot is defined as a lot with access to a street
by way of a narrow strip of land. The lot consists of two
(2) parts: the "flag" or main body of the lot and the "pan-
handle" or the narrow accessway connecting the lot to
the street.
(a) When creating new lots the following stan-
dards shall apply:
(1) The minimum lot size shall be one hun-
dred and fifty (150) percent of the minimum lot size of
the underlying zone;
(2) The "panhandle" shall have a minimum
width of twenty (20) feet;
(3) The minimum lot width and depth of the
"flag" shall be the same as the underlying zone.
(b) Flag lot dimensions shall be measured from the
midpoint between two (2) opposite lot lines of the "flag"
body of the lot.
(c) The yard setbacks shall be the same as under-
lying zone setbacks, except the front yard setback area
shall be applied per Figure 20.44(a).
(d) In those cases where subsection (c) of this sec-
tion cannot be applied, the property line that most
closely parallels the street from which the lot gains its
20.44-3 (Revised 12/05)
Bremerton Municipal Code 20.44.120
access shall be deemed the front lot line and front yard
setbacks shall be measured from that line.
(e) The accessway or driveway shall be under the
same ownership as the body of the flag lot. An easement
shall not be used as a method of providing access to the
body of the flag lot.
(f) The panhandle shall provide access to a paved
and dedicated public right-of-way or a private street.
Flag lots shall not be created in order to avoid providing
turnarounds per City engineering street standards. (Ord.
4950 § 8 (Exh. A) (part), 2005)
20.44.110 LIGHTING REGULATIONS.
The following requirements shall apply concerning
exterior lighting:
(a) Light sources, both direct and nondirect, shall
be selected and placed so that glare produced by any
light source does not extend beyond the property lines,
except onto adjacent sidewalks.
(g) A photometric plan shall be submitted for all
nonresidential development and multiple-family devel-
opments to confirm compliance with light requirements.
The plan shall include the following items:
(1) Location of all lighting fixtures;
(2) Manufacturer’s model identification of
each lighting fixture;
(3) Manufacturer’s performance specifica-
tions of each fixture; and
(4) Photometric plan of the installed fixtures
which demonstrates that all illumination is confined
within the boundaries of the site. (Ord. 4950 § 8 (Exh.
A) (part), 2005)
20.44.120 ANCILLARY DRIVE-THROUGH
LANES.
Ancillary drive-through lanes as defined in BMC
20.42.040 may be permitted in conjunction with an
allowable principal use, unless drive-through lanes are
expressly prohibited in the zone district. (Ord. 4950 § 8
(Exh. A) (part), 2005)
(Revised 12/05)20.44-4
Figure 20.44(a)
Figure 20.44(a)
Front Yard Setback Areas
The following figure provides guidance in the application of front yard setback requirements to different types of lot
and street configurations.
(Ord. 4950 § 8 (Exh. A) (part), 2005)
20.44-5 (Revised 12/05)
Bremerton Municipal Code Figure 20.44(b)
Figure 20.44(a)
Front Yard Setback Areas
The following figure is for illustration purposes only and serves as a guideline when applying setback requirements.
(Ord. 4950 § 8 (Exh. A) (part), 2005)
Figure 20.44(b)
LOT AREA CALCULATIONS
The following illustration demonstrates the methods for calculating lot area in BMC Title 20.
1. The drawing below represents a one (1) acre parcel before deductions from buildable areas. This is the "gross"
lot area of the site.
2. When creating new lots, the unbuildable areas such as streets and environmentally sensitive areas are subtracted
from the gross lot area to produce a net lot area that is used when calculating the size of each new lot. If a new individual
lot contains an unbuildable environmentally sensitive area that is twenty-five (25) percent or less of its gross lot area, the
(Revised 12/05)20.44-6
Figure 20.44(b)
sensitive area may be included in the lot area. The drawing below represents a one (1) acre parcel divided into five (5)
parcels with applicable deductions.
(Ord. 4950 § 8 (Exh. A) (part), 2005)
20.46-1 (Revised 12/05)
Bremerton Municipal Code 20.46.020
Chapter 20.46
SPECIAL DEVELOPMENT STANDARDS
Sections:
20.46.010 ACCESSORY DWELLING
UNITS.
20.46.020 FENCES AND WALLS.
20.46.030 HOME OCCUPATIONS.
20.46.040 MANUFACTURED HOMES.
20.46.050 RECREATIONAL VEHICLE ON
A PRIVATE LOT.
20.46.060 DISH ANTENNAS.
20.46.070 ADAPTIVE REUSE OF PUBLIC
AND SEMI-PUBLIC
BUILDINGS.
20.46.080 MINERAL RESOURCE
EXTRACTION.
20.46.090 SENIOR HOUSING COMPLEX.
20.46.100 RECYCLING COLLECTION
STATION.
20.46.110 ADULT ENTERTAINMENT
BUSINESSES.
20.46.120 OUTDOOR STORAGE AREAS.
20.46.130 OUTDOOR LAND USES.
20.46.140 WIRELESS
TELECOMMUNICATIONS
FACILITIES.
20.46.150 PUBLIC UTILITY FACILITIES.
20.46.160 PUBLIC DISTRIBUTION/
TRANSMISSION FACILITIES.
20.46.010 ACCESSORY DWELLING UNITS.
An accessory dwelling unit (ADU) may be installed
where a new or existing single-family dwelling unit
(hereafter, "principal unit") is allowed. Accessory
dwelling units are exempt from density requirements
and shall be subject to the following specific develop-
ment, design and owner occupancy standards:
(a) An ADU shall comply with the development
standards of the underlying zone for the principal unit
including setbacks, height, and lot coverage.
(b) An ADU may be detached from the principal
unit only if incorporated into an accessory garage struc-
ture.
(c) Only one (1) ADU may be created per lot resi-
dence.
(d) The property owner, which shall include title-
holders and contract purchasers, must occupy either the
principal unit or the ADU as their permanent residence
for at least six (6) months out of the year.
(e) An ADU shall be limited to not more than:
(1) Forty (40) percent of the principal unit’s
total floor area (not including basement);
(2) Eight hundred (800) square feet maxi-
mum, nor less than three hundred (300) square feet;
(3) Two (2) bedrooms.
(f) Any attached ADU shall be designed so that
the appearance of the building remains that of a single-
family residence including the following:
(1) Constructed of the same materials and sid-
ing as the principal unit;
(2) A roof of equal or greater pitch as the prin-
cipal unit;
(3) A height not greater than the principal
unit.
(g) The entrance to an attached ADU shall not be
on the same facade of the structure as an entrance to the
principal unit.
(h) Accessory dwelling units with up to one (1)
bedroom shall provide one (1) off-street parking space,
and ADUs with two (2) bedrooms shall provide two (2)
off-street parking spaces in addition to that which is
required for the principal unit.
(i) When development of an ADU is for people
with disabilities, the Director may allow reasonable
deviation from the stated requirements to install features
that facilitate accessibility such as those required by the
International Building Code.
(j) An ADU shall have a deed restriction recorded
with the Kitsap County Auditor to indicate the presence
of the ADU, the requirement of owner occupancy, and
other standards for maintaining the unit as described
above. (Ord. 4950 § 8 (Exh. A) (part), 2005)
20.46.020 FENCES AND WALLS.
(a) Fences and walls shall observe the following
height and setback requirements:
(1) Residential Zones.
(i) Maximum height shall be six (6) feet.
(ii) Maximum height within the front
yard setback area shall be three (3) feet; except an open
mesh cyclone type fence may not exceed a height of
forty-eight (48) inches.
(iii) On corner lots with a specified front
yard setback on each street frontage, the Director can
determine that the street frontage of the residence’s prin-
cipal orientation is a "primary frontage" and may permit
a six (6) foot maximum height fence in the yard on the
other (secondary) frontage only if all of the following
conditions are met:
(A) The higher fence will not block
any existing front yard views from an adjoining resi-
dence with its principal orientation to that same street;
(B) The higher fence will not be
closer to the residence’s front property line on the street
of principal orientation than the closest part of the front
facade of the residence;
(Revised 12/05)20.46-2
20.46.030
(C) The higher fence will not
encroach into the front yard of the primary frontage
where the maximum height limit in subsection (a)(1)(ii)
of this section takes precedence.
(2) Commercial Zones.
(i) Maximum height shall be eight (8)
feet.
(ii) Maximum height shall be six (6) feet
when adjacent to a public right-of-way, or to a residen-
tial zone.
(3) Industrial Zone.
(i) Maximum height shall be ten (10)
feet.
(ii) Maximum height shall be six (6) feet
when adjacent to a public right-of-way, or to a residen-
tial zone.
(b) A Type II conditional use permit may be
granted for fences or walls up to eight (8) feet high in a
side or rear yard only if the fence or wall is necessary to
provide privacy and security between a residential and a
nonresidential use.
(c) Fences and walls shall not block or hinder the
sight distance of traffic. Exact location and design of a
fence or wall is subject to the approval of the City Engi-
neer when visibility or public safety is an issue.
(d) No electric or electrified fences shall be per-
mitted within the City of Bremerton.
(e) Barbed wire or similar wire protective devices
are permitted only in industrial zones above a height of
six (6) feet; provided, that adjoining a residential zone,
devices may be allowed by approval of a Type II condi-
tional use permit pursuant to BMC 20.58.020 only if the
following criteria are met:
(1) The applicant demonstrates that the pro-
tective device cannot be installed outside of the speci-
fied setback without significantly diminishing the utility
of the industrial property;
(2) The protective device will be designed to
minimize adverse aesthetic impact to the residential use
by installing the device behind the top of a fence or wall
or screening the device with landscape; and
(3) The applicant demonstrates that the pro-
tective device is necessary to provide additional security
along the residential property line to protect the indus-
trial premises.
(f) Notwithstanding the provisions of subsection
(a)(1)(ii) of this section, architectural appurtenances
such as trellises or entry gates that define a walkway or
driveway entry are allowed in a front yard up to ninety
(90) inches high; provided, that:
(1) No individual structural support for such
features shall be more than sixteen (16) inches square in
section;
(2) Any gate shall not obscure more than
twenty (20) percent of visibility to the yard as viewed
perpendicular to the gate’s installation; and
(3) Any entry feature greater than three (3)
feet in height shall not be more than six (6) feet wide for
a walkway entry or more than sixteen (16) feet wide for
a driveway entry.
(g) All fences shall present a "finished" appear-
ance on their outside face. (Ord. 4950 § 8 (Exh. A)
(part), 2005)
20.46.030 HOME OCCUPATIONS.
Home occupations are permitted in a residential
dwelling unit subject to the following limitations:
(a) The business shall clearly be subordinate to the
use of the dwelling unit for residential purposes.
(b) The business shall be wholly situated indoors.
(c) No person shall be employed in the home occu-
pation unless a resident of the dwelling unit.
(d) There shall be no exterior display, storage or
other exterior indication of the existence of the home
occupation, except as allowed by the underlying zone.
(e) One (1) additional off-street parking space
shall be provided in addition to the number of off-street
parking spaces already required for the dwelling. The
Director may waive this requirement if the home occu-
pation involves Internet services that do not require cus-
tomers or deliveries at the residence.
(f) Any sales of product shall be limited to those
produced on the premises, except products produced
elsewhere may be allowed, provided the business is pri-
marily involved in the product’s distribution and does
not attract buyers to the property for retail or wholesale
sales.
(g) Sales and services to patrons shall be arranged
through appointment so that only one (1) patron vehicle
is on the premises at any given time.
(h) Not more than fifty (50) percent of the gross
floor area of the dwelling may be devoted to the home
occupation use.
(i) The garage shall not be used in the business
unless the required off-street and customer parking can
be adequately accommodated elsewhere on the site.
(j) Home occupations involving nonautomotive
engine and equipment maintenance or servicing, beauty
or barbershops, or the selling of products that are not
produced on the premises shall require approval of a
Type II conditional use permit pursuant to BMC
20.58.020.
(k) Automotive painting, body, and engine repair,
small engine repair services and any activity likely to
produce excessive noise are prohibited as home occupa-
tions.
(l) Persons engaged in legal home occupations on
the effective date of the ordinance codified in this chap-
20.46-3 (Revised 12/05)
Bremerton Municipal Code 20.46.060
ter shall be considered legal, provided the operation is
consistent with all of the above-listed performance stan-
dards. Any home occupation which was legally estab-
lished but does not currently conform to all those
standards may not expand or enlarge and shall terminate
that use upon:
(1) Change of use or ownership of the prop-
erty; or
(2) Written complaint of adjacent or nearby
property owners after due notice and hearing is provided
and if the Director determines that the home occupation
is interfering with the use and enjoyment of the neigh-
boring premises and is not compatible with the residen-
tial environment in which it is located. (Ord. 4950 § 8
(Exh. A) (part), 2005)
20.46.040 MANUFACTURED HOMES.
(a) Manufactured homes are permitted on one (1)
individual parcel, lot, or tract in residential zones; pro-
vided, that the home is:
(1) Approved by the Washington State
Department of Labor and Industries or the U.S. Depart-
ment of Housing and Urban Development, and the
appropriate certification insignia is affixed to the unit, in
accordance with the provisions of Chapter 43.22 RCW;
(2) Comprised of at least two (2) fully
enclosed parallel sections each of not less than twelve
(12) feet wide by thirty-six (36) feet long;
(3) Set upon a permanent foundation, as spec-
ified by the manufacturer, and that the space from the
bottom of the home to the ground be enclosed by con-
crete or an approved concrete product which can be
either load-bearing or decorative;
(4) Compliant with all local design standards
applicable to all other homes within the neighborhood in
which the manufactured home is to be located;
(5) Thermally equivalent to the State Energy
Code;
(6) Originally constructed with and now has a
composition or wood shake or shingle, coated metal, or
similar roof of nominal three to twelve (3:12) pitch or
greater;
(7) Sided with exterior siding similar in
appearance to materials commonly used on conven-
tional site-built International Building Code single-fam-
ily residences; and
(8) A new manufactured home as defined in
RCW 35.63.160(2).
(b) A manufactured home which was legally
placed and maintained prior to the date of adoption of
this chapter, and does not meet the requirements of this
chapter, shall be deemed to be a nonconforming struc-
ture. If a legal nonconforming manufactured home is
partially or wholly destroyed, replaced, or altered, it
shall be required to meet the relevant requirements set
forth in the nonconforming provisions of this title.
(c) The Building Official or designee shall inspect
the installation of manufactured homes prior to occu-
pancy and issue certificates of occupancy for manufac-
tured homes. If all requirements are met, a certificate of
occupancy shall be issued. No manufactured home shall
be occupied until after the City issues a valid certificate
of occupancy.
(d) If a manufactured home is replaced by another
manufactured home, a new certificate of occupancy
shall be required for the installation of a manufactured
home after the date of adoption of the ordinance codi-
fied in this chapter. (Ord. 4950 § 8 (Exh. A) (part),
2005)
20.46.050 RECREATIONAL VEHICLE ON A
PRIVATE LOT.
A recreational vehicle, occupied or not, may be
parked on a private lot or lots only as an accessory use
subject to the parking provisions of this title and the fol-
lowing provisions:
(a) A recreational vehicle may be occupied for a
cumulative period not to exceed thirty (30) days during
any twelve (12) consecutive month period;
(b) A recreational vehicle may be parked and
occupied by the owner of a lot as temporary housing
during the period of new house construction on the lot
for a period not to exceed one (1) year;
(c) Only one (1) recreational vehicle may be occu-
pied on a single lot at any time;
(d) A recreational vehicle shall not be parked
within a required front yard setback for more than fif-
teen (15) consecutive days and not more than thirty (30)
days cumulative in any twelve (12) consecutive months;
and
(e) Any occupied recreational vehicle must be
self-contained and all garbage and sanitation shall be
disposed of in a manner approved by the City. (Ord.
4950 § 8 (Exh. A) (part), 2005)
20.46.060 DISH ANTENNAS.
(a) A ground-mounted dish antenna is subject to
the setback requirements of the underlying zone.
(b) Dish antennas may not be placed above the
maximum underlying zoning district height.
(c) All dish or other parabolic antennas having a
collector dish diameter of six (6) feet or greater shall be
ground-mounted, except as provided for otherwise. An
antenna having a dish diameter smaller than six (6) feet
may be pole- or roof-mounted in a location that has the
least visual impact on surrounding properties and views
while maximizing the effectiveness of the antenna’s
operation. (Ord. 4950 § 8 (Exh. A) (part), 2005)
(Revised 12/05)20.46-4
20.46.070
20.46.070 ADAPTIVE REUSE OF PUBLIC
AND SEMI-PUBLIC BUILDINGS.
The intent of these provisions is to provide oppor-
tunities for reusing functionally obsolete public and
semi-public buildings that are structurally sound with
new uses to extend their economic life. The adaptive
reuse shall not be granted if the new use adversely
affects adjacent properties. Consideration shall be given
to the relative intensity of the proposed use compared to
the intensity of the planned land use environment.
(a) Approval of a Type III conditional use permit
pursuant to BMC 20.58.020 is required when an adap-
tive reuse is for a building located within a residential
zone. The adaptive reuse shall meet the following crite-
ria in order to be granted approval:
(1) New traffic shall be accommodated within
the existing levels of service on the surrounding neigh-
borhood streets.
(2) Provisions for off-street parking are made.
The Hearing Examiner may reduce the number of off-
street parking spaces if commute trip reduction methods
are employed and the adaptive reuse does not generate
an increase in on-street parking demand.
(3) The new use does not generate noise that
exceeds City standards for residential zones.
(4) Adequate street trees and landscaping are
incorporated in a manner that buffers the adaptive reuse
from adjacent residential uses and makes it more com-
patible with the surrounding neighborhood.
(5) Additional conditions may be applied
including, but not limited to, limiting hours of opera-
tions, density, restrictions for noise attenuation and
other conditions deemed necessary to ensure compati-
bility with surrounding residential uses.
(6) The subject building must have been con-
structed for a stated public or semi-public use and oper-
ated as such for a minimum of five (5) years. For the
purposes of this section, "public and semi-public build-
ing" shall include public schools, fire stations, libraries,
churches, hospitals, and post offices.
(b) The following uses may be approved for adap-
tive reuse:
(1) Residential, no density limit, provided no
new floor area is constructed;
(2) Foster homes;
(3) Day care facilities;
(4) Group residential facilities, Class I
(assisted living);
(5) Youth, teen, senior, or community centers;
(6) Medical and dental clinic and related ser-
vices (not hospitals);
(7) Religious worship facilities;
(8) Libraries;
(9) Museums and art galleries;
(10)Consultants (architect, engineering, plan-
ning, design and similar);
(11)Computer assistance and training (but not
repair);
(12)Office/business assistance services, call
centers, and general offices;
(13)Social services/facilities; and
(14)Welfare and charitable services/facilities.
(Ord. 4950 § 8 (Exh. A) (part), 2005)
20.46.080 MINERAL RESOURCE
EXTRACTION.
The purpose of this section is to preserve opportu-
nities for mineral extraction while protecting the health
and safety of the community.
(a) Mineral resource extraction for soil and gravel,
quarried stone or ore may be allowed if a Type III con-
ditional use permit is approved pursuant to BMC
20.58.020. The owner or agent of the quarry shall sub-
mit to the City copies of all documents submitted to the
Washington State Department of Natural Resources
with the application.
(b) At a minimum, the following performance
standards shall apply:
(1) A fence eight (8) feet in height shall be
installed around the mineral extraction area and all
accessory operations.
(2) When a subject property is adjacent to
developed properties or public rights-of-way, a four (4)
foot high landscaped sight-obscuring barrier shall be
installed that will grow to not less than eight (8) feet
high within three (3) years. If soil and terrain make land-
scaping impractical, an eight (8) foot fence or wall that
completely screens the property from other uses and the
public streets shall be installed.
(3) The following are the minimum distances
to be measured from adjacent property lines or public
rights-of-way:
(i) Critical Area.
(A) To edge of pit, excavation, or
stockpiling area, one hundred (100) feet;
(B) To crushing of rock or processing
of stone, gravel or minerals, three hundred (300) feet;
(C) To blasting, determined on a
case-by-case basis.
(ii) Shoreline Area.
(A) To edge of pit, excavation, or
stockpiling area, one hundred (100) feet;
(B) To crushing of rock or processing
of stone, gravel or minerals, three hundred (300) feet;
(C) To blasting, determined on a
case-by-case basis.
20.46-5 (Revised 12/05)
Bremerton Municipal Code 20.46.110
(iii) Industrial Area.
(A) To edge of pit, excavation, or
stockpiling area, twenty (20) feet;
(B) To crushing of rock or processing
of stone, gravel or minerals, two hundred (200) feet;
(C) To blasting, four hundred (400)
feet.
(iv) Residential Area.
(A) To edge of pit, excavation, or
stockpiling area, three hundred (300) feet;
(B) To crushing of rock or processing
of stone, gravel or minerals, five hundred (500) feet;
(C) To blasting, determined on a
case-by-case basis, minimum one thousand (1,000) feet.
(v) All Other Land Uses.
(A) To edge of pit, excavation, or
stockpiling area, one hundred (100) feet;
(B) To crushing of rock or processing
of stone, gravel or minerals, three hundred (300) feet;
(C) To blasting, determined on a
case-by-case basis.
(4) When a pit exceeds a depth of twenty (20)
feet, all dense undergrowth shall be removed from the
soil cover for a distance of fifty (50) feet from the edge
of the pit.
(5) No smoke, dust, dirt, fly ash, other air-
borne particulate matter, toxic or odorous gasses, liquids
or solids shall be emitted in quantities that adversely
affect surrounding properties.
(6) The provisions set forth in Chapter 6.32
BMC shall apply, as applicable.
(7) Upon the termination of quarrying opera-
tions at a pit that exceeds a depth of five (5) feet, the pit
shall be backfilled to a minimum slope of one (1) foot
vertical to one (1) foot horizontal.
(8) The site shall be restored after quarrying
activities are completed. A landscaping and site recla-
mation plan shall be required with the special use permit
and the City may require a security guarantee for resto-
ration. (Ord. 4950 § 8 (Exh. A) (part), 2005)
20.46.090 SENIOR HOUSING COMPLEX.
Approval of a Type III conditional use permit pur-
suant to BMC 20.58.020 may allow senior housing com-
plexes in any zone, except industrial zones, subject to
the following standards:
(a) The site shall have access to an arterial street;
(b) Minimum site area shall be no less than two (2)
acres;
(c) Minimum setbacks, density, height and lot
coverage of the underlying zone shall apply;
(d) Off-street parking shall be a minimum one (1)
space per dwelling;
(e) Except for a community building/clubhouse
for the exclusive use of complex residents, all accessory
uses shall be located within a structure containing resi-
dential units;
(f) Attached or detached structure types are per-
mitted and dwelling units may be owned by individuals
or occupied as rentals;
(g) Access to alternative transportation such as
public transit or on-site shuttle services to access daily
goods and services shall be provided; and
(h) A management agreement or covenants on
individual properties to maintain the complex as a senior
citizen complex shall be recorded with the Kitsap
County Auditor’s Office. (Ord. 4950 § 8 (Exh. A) (part),
2005)
20.46.100 RECYCLING COLLECTION
STATION.
The following standards apply to collection stations
intended for public use. They are not mandatory (but
may be applied voluntarily) for private on-premises col-
lection 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.
(a) Areas to be used in the collection operation
must have asphalt or concrete surface and shall be land-
scaped to the same standards that apply to any other
development or use within the subject zone.
(b) The facility shall be closed to public access
between the hours of 8:00 p.m. and 6:00 a.m. in residen-
tial zones.
(c) A sight-obscuring fence or wall built to the
maximum allowed height of the zone shall be con-
structed and maintained along the sides and rear of the
facility. Chain-link type fences and gates are permitted
along front lot lines.
(d) The facility may be lighted for use during
hours of darkness, but shall not be lighted between the
hours of 8:00 p.m. and 6:00 a.m. in residential zones.
(e) The site shall be monitored and maintained in
a clean, safe and healthful manner. (Ord. 4950 § 8 (Exh.
A) (part), 2005)
20.46.110 ADULT ENTERTAINMENT
BUSINESSES.
This section regulates the location of adult enter-
tainment businesses. The purpose of these regulations is
to reduce conflicts between adult entertainment busi-
nesses and other land uses. The intent is to protect the
City from the blighting impacts of concentrations of
adult entertainment businesses while assuring the full
enjoyment of all the constitutionally guaranteed rights
of the general public.
(Revised 12/05)20.46-6
20.46.110
(a) Location of Adult Entertainment Businesses.
(1) Adult entertainment businesses as defined
in subsection (c) of this section are prohibited within the
area circumscribed by a circle which has a radius of five
hundred (500) feet from the following specified uses or
zones:
(i) Any zone in which residential use is
listed as a principal use.
(ii) Any public or private school.
(iii) Any day care facility as defined in
BMC 20.42.040.
(iv) Any worship, religious, or church
facility as defined in BMC 20.42.040.
(v) Any public park.
(vi) Any community or neighborhood
center as defined in BMC 20.42.040.
(vii)Any public library.
(2) The distances provided in this section
shall be measured by following a straight line, without
regard to intervening buildings, from the nearest point
of the property or parcel upon which the proposed use is
to be located, to the nearest point of the parcel of prop-
erty or the land use district boundary line from which the
proposed land is to be separated.
(3) Violation of the use provisions of this sec-
tion is declared to be a public nuisance per se, which
shall be abated by the City Attorney as authorized under
state law or the City code.
(4) Nothing in this section is intended to
authorize, legalize, or permit the establishment, opera-
tion, or maintenance of any business, building, or use
which violates any city code or statute of the state
regarding public nuisances, sexual conduct, lewdness,
or obscene or harmful matter or the exhibition or public
display thereof.
(b) Development Standards. Adult entertainment
businesses are subject to the development standards of
the underlying zone.
(c) Definitions.
(1) "Adult entertainment" means any dance,
amusement, show, display, merchandise, material, exhi-
bition, pantomime, modeling, or any other like perfor-
mance of any type, for the use or benefit of a member or
members of the public or advertised for the use or bene-
fit of a member of the public where such is characterized
by an emphasis on the depiction, description, or simula-
tion of "specified anatomical areas," defined in this
chapter, or the exhibition of "specified sexual activi-
ties," also defined in this chapter, or the case of live
adult entertainment performances, which emphasizes
and seeks to arouse or excite the patron’s sexual desires.
Any patron of an adult entertainment business, as
defined in this section, shall be deemed a member of the
public.
(2) "Adult entertainment business" means any
establishment providing adult entertainment as defined
in this section including, but not limited to, adult arcade,
adult retail establishment, adult motion picture theater,
and exotic dance studio, more specifically defined
herein.
(3) "Adult arcade" means a commercial estab-
lishment where, for any form of consideration, one (1)
or more still or motion picture projectors, slide projec-
tors, computer-generated or enhanced pornography,
panoramic peep show, or similar machines, or other
image-producing machines, for personal viewing, are
used to show films, motion pictures, video cassettes,
slides or other photographic reproductions which pro-
vide material for individual viewing by patrons on the
premises of the business which are characterized by an
emphasis on the depiction, description or simulation of
"specified anatomical areas" or "specified sexual activi-
ties."
(4) "Adult motion picture theater" means a
commercial establishment where films, motion pictures,
video cassettes, slides, or similar photographic repro-
ductions characterized by an emphasis on the depiction,
description, or simulation of "specified anatomical
areas" or "specified sexual activities" are regularly
shown for any form of consideration.
(5) "Adult retail establishment" means any
bookstore, adult novelty store, adult video store, or other
similar commercial establishment, business service, or
portion thereof, which, for money or any other form of
consideration, provides as a significant or substantial
portion of its stock-in-trade the sale, exchange, rent,
loan, trade, transfer, and/or provision for viewing or use
off the premises of adult entertainment material defined
in this chapter. For purposes of this provision, it shall be
a rebuttable presumption that thirty (30) percent or more
of a business’ stock-in-trade in adult retail material,
based on either the dollar value (wholesale or retail) or
the number of titles of such material, is significant or
substantial. In determining whether or not the presump-
tion is rebutted, the Director may consider the following
factors, which are not inclusive:
(i) Whether minors are prohibited from
access to the premises of the establishment due to the
adult entertainment nature of the inventory;
(ii) Whether the establishment is adver-
tised, marketed, or held out to be an adult merchandising
facility;
(iii) Whether adult entertainment material
is an establishment’s primary or one (1) of its principal
business purposes; or
20.46-7 (Revised 12/05)
Bremerton Municipal Code 20.46.140
(iv) Whether thirty (30) percent or more
of an establishment’s revenue is derived from adult
entertainment material.
An establishment may have other princi-
pal business purposes that do not involve the offering
for sale or rental of adult entertainment materials and
still be categorized as an adult retail establishment. Such
other business purposes will not serve to exempt such
establishments from being categorized as an adult retail
establishment so long as one (1) of its principal business
purposes is offering for sale or rental, for some form of
consideration, the specified adult entertainment materi-
als. The Director shall have full discretion to give appro-
priate weight to the factors set forth above as well as
other factors considered depending on the particular
facts and circumstances of each application.
(6) "Exotic dance studio," also known as
"erotic dance studio," "topless bar" and "adult cabaret,"
means a nightclub, bar, restaurant, or similar commer-
cial establishment, or any premises or facility to which
any member of the public is invited or admitted and
where an entertainer provides live performances to any
member of the public, which performances are charac-
terized by an emphasis on the depiction, description, or
simulation of "specified anatomical areas" or "specified
sexual activities" or which emphasize and seek to arouse
or excite the patron’s sexual desires.
(7) "Adult entertainment material" means any
books, magazines, cards, pictures, periodicals or other
printed matter, or photographs, films, motion pictures,
video tapes, slides, or other photographic reproductions,
or visual representations, CD-ROMs, DVDs, disks,
electronic media, or other such media, or instruments,
devices, equipment, paraphernalia, toys, novelties,
games, clothing or other merchandise or material, which
are characterized by an emphasis on the depiction,
description or simulation of "specified anatomical
areas" or "specified sexual activities."
(8) "Specified anatomical areas" means:
(i) Less than completely and opaquely
covered human genitals, pubic region, buttocks, anus, or
female breast below a point immediately above the top
of the areola; or
(ii) Human male genitals in a discernibly
turgid state, even if completely and opaquely covered.
(9) "Specified sexual activities" means:
(i) The caressing, touching, fondling or
other intentional or erotic touching of male genitals,
female genitals, pubic region, buttocks, anus, or female
breasts of oneself or of one (1) person by another; or
(ii) Sex acts, normal or perverted, actual
or simulated, including masturbation, intercourse, oral
copulation, flagellation, sodomy, bestiality, or any sex-
ual acts which are prohibited by law; or
(iii) Human genitals in a state of sexual
stimulation, arousal, or tumescence or visual state of
sexual stimulation, arousal or tumescence, even if com-
pletely and opaquely covered; or
(iv) Excretory functions as part of or in
connection with any of the activities set forth in subsec-
tions (c)(9)(i) through (iii) of this section. (Ord. 4950 § 8
(Exh. A) (part), 2005)
20.46.120 OUTDOOR STORAGE AREAS.
All uses that include outdoor storage areas and all
refuse containers shall, in addition to any underlying
zoning requirements, meet the following criteria:
(a) It shall be surrounded by a six (6) foot high
solid wall or sight-obscuring fence. The wall or fence
shall be considered a structure and shall conform to the
setbacks of the underlying zone.
(b) Outdoor storage of materials shall not exceed
six (6) feet in height when visible from a public right-of-
way.
(c) Outdoor storage yards shall meet landscaping
requirements for nonresidential uses. (Ord. 4950 § 8
(Exh. A) (part), 2005)
20.46.130 OUTDOOR LAND USES.
In addition to other applicable development
requirements, outdoor-oriented land uses such as sales
lots, impound lots, outdoor storage yards, and similar
activities shall have all parking and storage areas devel-
oped with a paved surface which is durable and able to
withstand all weather conditions. (Ord. 4950 § 8 (Exh.
A) (part), 2005)
20.46.140 WIRELESS
TELECOMMUNICATIONS
FACILITIES.
(a) Purpose and Intent. The purpose of this section
is to provide specific regulations for the placement, con-
struction, modification and removal of these facilities.
Pursuant to the guidelines of Section 704 of the Federal
Telecommunications Act of 1996, 47 U.S.C. Section
332(c)(7), the provisions of this section are not intended
to and shall not be interpreted to prohibit or to have the
effect of prohibiting the provision of wireless telecom-
munications facilities, nor shall the provisions of this
section be applied in such a manner as to unreasonably
discriminate among providers of functionally equivalent
wireless services.
(b) General Provisions.
(1) Not Essential Public Facilities. Wireless
telecommunications facilities shall not be considered or
regulated as essential public facilities.
(Revised 12/05)20.46-8
20.46.140
(2) Exemptions. The following are exempt
from the provisions of this section:
(i) Industrial processing equipment and
scientific or medical equipment using frequencies regu-
lated by the Federal Communications Commission
(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 pub-
lic safety by public or semi-public entities including, but
not limited to, police communications, hospital commu-
nications and 911 system communications;
(iv) Wireless radio utilized for emergency
communications in the event of a disaster;
(v) Licensed amateur (ham) radio instal-
lations;
(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; or
(viii)Subject to compliance with all appli-
cable City, state, and federal standards, an emergency
repair of a wireless telecommunications facility; pro-
vided, that a permit is applied for within thirty (30) days
after completion of such emergency repair.
(3) Principal or Accessory Use. Wireless tele-
communications facilities may be either a principal or
accessory use. A different use of an existing structure on
the same lot shall not preclude the installation of a wire-
less telecommunications facility on that lot.
(4) Prohibited Use. Type I and Type II towers
as defined in Chapter 20.42 BMC are prohibited in the
low density residential (R-10) zone.
(5) Reimbursement of Costs. In addition to
the application fee, the applicant shall reimburse the
City for costs of professional engineers and other con-
sultants, mutually acceptable to both the applicant and
the City, hired by the City to review and inspect the
applicant’s proposal when the City is unable to do so
with its existing staffing resources. By way of illustra-
tion and not limitation, these professional services may
include engineering and technical review, legal review,
planning review, Hearing Examiner services, environ-
mental 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 ser-
vices plus a City service charge of ten (10) percent as
calculated from before-tax cost.
(c) Permits Required. Approval of a permit(s) is
required to site a wireless communication facility in
accordance with the following and the procedures set
forth in Chapter 20.02 BMC:
(1) Type I Director’s Decision.
(i) Co-location of antennas on towers per
this section in nonresidential zones;
(ii) Co-location of antennas on existing
support structures per this section, excluding towers, in
any zone.
(2) Type II Director’s Decision. New Type I
towers and associated equipment and antennas in non-
residential zones.
(3) Type III Hearing Examiner Decision. Any
wireless telecommunications facility not stated above,
including the following:
(i) Any Type I tower in a residential zone
and associated antenna and equipment enclosures;
(ii) Any Type II tower and associated
antennas and equipment enclosures.
(4) Expiration of Permits. A permit shall
expire consistent with the provisions of the City build-
ing 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.
(d) Priority of Locations and Consideration Pro-
cess. The order of priorities for locating new personal
wireless service facilities shall be as follows:
(1) Place antennas and towers on public prop-
erty if practical.
(2) Place antennas and towers in districts
zoned freeway commercial (FC), marine industrial
(MI), industrial park (IP), or industrial (I).
(3) Co-locate antennas on appropriate rights-
of-way and existing structures, such as buildings, tow-
ers, water towers and smokestacks.
(4) Place antennas and towers in other zone
districts which do not adjoin or adversely impact resi-
dential neighborhoods.
(5) Only after an applicant has provided an
alternative sites report per subsection (e) of this section
that demonstrates that priority sites per this section have
been investigated shall other sites be approved.
(e) Application Submittal Requirements. Applica-
tion 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, unless
waived or modified by the Director as unnecessary. The
following information shall be submitted with a permit:
(1) 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
20.46-9 (Revised 12/05)
Bremerton Municipal Code 20.46.140
access, and setbacks from property lines, sufficient to
demonstrate that setbacks and other pertinent require-
ments have been met. Such drawings shall specifically
include elevation drawings of the proposed tower (if
any), and any other proposed structures.
(2) A site elevation and landscaping plan indi-
cating the specific placement of the facility on the site,
the location of existing structures, trees, and other sig-
nificant site features, the type and location of plant
materials used to screen the facility, and the proposed
color(s) of the facility, the method of fencing, finished
color and, if applicable, the method of camouflage and
illumination. The Director may adjust these require-
ments when co-locating on an existing support struc-
ture.
(3) 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 pro-
vided in the FAR Part 77 Airspace Form into its decision
as conditions.
(4) Photo simulations of the proposed facility
from affected residential properties and public rights-of-
way at varying distances.
(5) Copies of any environmental documents
required by any federal agency. These shall include the
environmental assessment required by FCC Paragraph
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 envi-
ronmental assessment.
(6) A legal description of the parcel.
(7) A signed statement indicating that:
(i) The applicant and landowner (if dif-
ferent) agree they will diligently negotiate in good faith
to facilitate co-location of additional wireless telecom-
munications facilities by other providers on the appli-
cant’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 (i) of this sec-
tion.
(8) 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.
(9) Certification that the antenna usage will
not interfere with other adjacent or neighboring trans-
mission or reception functions.
(10)The telecommunications provider must
provide documentation that it is licensed by the FCC if
it is required to be licensed under FCC regulations.
(11)The telecommunications provider must
supply documentation that it has consulted with hospi-
tals, medical clinics, and other similar medical uses
within a radius of one thousand (1,000) feet of the pro-
posed wireless telecommunications facility and that
such hospitals, clinics and medical uses testify that the
wireless facility will not cause interference, malfunc-
tions, or improper operation of any diagnostic, analyti-
cal, or therapeutic equipment uses in the care, treatment,
or diagnosis of medical patients.
(12)The applicant, if not the telecommunica-
tions service provider, shall submit proof of lease agree-
ments with an FCC-licensed telecommunications
provider if such telecommunications provider is
required to be licensed by the FCC.
(13)An agreement between the applicant and
the City shall be provided establishing that if technology
should change and a wireless telecommunications facil-
ity becomes obsolete, and the use of the facility aban-
doned or discontinued, the applicant shall remove
facilities per subsection (i) of this section.
(14)A technical report demonstrating the ser-
vice 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 (1/4) 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 pro-
vider’s overall network.
(15)An alternative sites report must be submit-
ted. The report shall discuss all potential sites investi-
gated, including at a minimum all nearby priority
locations as listed in subsection (d) of this section; sum-
marize technical data and other rationale as to why a
potential site was not appropriate and considered fur-
ther; and include a demonstration that:
(i) The applicant has contacted the own-
ers of structures in excess of thirty (30) feet high within
a one-quarter (1/4) mile radius of the site proposed and
which from a location standpoint could provide part of
a network for transmission of signals;
(ii) The applicant asked for permission to
install the antenna on those structures; and
(iii) Access/location was denied for rea-
sons other than economic feasibility.
(Revised 12/05)20.46-10
20.46.140
(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 techni-
cal advice to the City on the proposal. The cost for such
a technical expert will be at the expense of the applicant.
(f) Site Development Standards. Wireless com-
munication facilities shall comply with the following
development standards:
(1) Type I and Type II towers shall be set back
a distance equal to one and one-half (1.5) 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, which-
ever is nearer. The setback shall be measured to the
nearest property line of the parcel upon which the non-
conforming residential use is located.
(2) 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.
(3) 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 technol-
ogies, and/or other tactics to achieve minimum visibility
of the facility as viewed from public streets or residen-
tial properties. All screening and camouflaging is sub-
ject to the approval of the City.
(4) 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 land-
scaping is employed, it shall meet all applicable require-
ments of Chapter 20.50 BMC.
(5) In reviewing the proposed placement of a
wireless facility on the site and any associated landscap-
ing, the City may make a condition of the permit that the
applicant supplement existing trees and mature vegeta-
tion to more effectively screen the facility.
(6) Type I and II towers, antennas, and any
associated hardware and equipment shall be painted a
nonreflective color or color scheme appropriate to the
background against which the facility would be viewed
from a majority of points within its viewshed. A pro-
posed color or color scheme shall be approved by the
City.
(7) Security fencing, if used, shall conform to
the following:
(i) No fence shall exceed eight (8) feet in
height;
(ii) Security fencing shall be effectively
screened from view through the use of appropriate land-
scaping materials; and
(iii) Chain-link fences shall be painted or
coated with a nonreflective color, and shall have a min-
imum three (3) foot deep area to be planted with
approved plant species in a manner that will completely
screen the fencing.
(8) No wireless equipment enclosures
reviewed under this section shall be located within
required yard setback areas.
(9) Type I and Type II towers shall not be
located in view corridors as defined under the Bremer-
ton Shorelines Management Program.
(10)Type I and Type II towers shall not be illu-
minated or have lights located upon them except as
required under Federal Aviation Administration (FAA)
or other state or federal regulations.
(11)No equipment shall be operated so as to
produce noise levels above forty-five (45) dB as mea-
sured from the nearest property line on which the wire-
less 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.
(g) Co-Location on Type I and Type II Towers.
Type I and Type II towers shall be designed to accom-
modate co-location. The following provisions shall
apply:
(1) All new Type I towers shall be designed to
accommodate at least one (1) additional provider. Type
II towers shall be designed to accommodate at least two
(2) 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 ratio-
nale for a larger separation, acceptable to the City, is
provided during permit approval for initial tower con-
struction or for any modification of existing towers add-
ing 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 demon-
strating the reasons for the unfeasibility shall be pre-
pared by the applicant. The City and the applicant may
20.46-11 (Revised 12/05)
Bremerton Municipal Code 20.46.150
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-loca-
tion 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 telecommunica-
tions facilities may be co-located on existing or pro-
posed 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 struc-
ture;
(2) Whip antennas may exceed the structure
height by a maximum of fifteen (15) feet, and other
omnidirectional 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 facili-
ties of one (1) provider, including all appurtenances and
screening, shall not exceed five (5) percent of any
facade of a building. The wireless telecommunications
facilities of all providers located in the support structure
shall not exceed ten (10) percent 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 preexist-
ing pole or the average height of existing poles within
three hundred (300) feet, whichever is less.
(i) Abandonment or Discontinuation of Use.
(1) At such time that a provider plans to aban-
don 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 abandon-
ment. 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.
(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, equip-
ment 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 tow-
ers 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.
(j) Maintenance.
(1) Wireless telecommunications facilities
shall be maintained. For purposes of this section, "main-
tenance" 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, enclo-
sures, 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 equip-
ment or parts; and
(iv) Replacement of missing plants, fenc-
ing or fencing parts, or other portions of towers, enclo-
sures, and other equipment. (Ord. 4950 § 8 (Exh. A)
(part), 2005)
20.46.150 PUBLIC UTILITY FACILITIES.
Public facilities as defined in Chapter 20.42 BMC
may be permitted in all zones where not listed as an
allowable use, provided a conditional use permit is
approved pursuant to BMC 20.58.020, and subject to the
following conditions. Decisions shall be a Type II
Director’s decision per Chapter 20.02 BMC.
(a) The public facility does not substantially inter-
fere with or detract from the intent of the zone district,
as determined by the Director;
(b) The public facility conforms to applicable
development standards of the zone, including setback
and height standards, unless modified by the Director;
(c) Measures are taken to provide screening for the
public facility in cases where the facility would other-
wise have a negative impact on the visual character of a
neighborhood as seen from rights-of-way or adjacent
properties. (Ord. 4950 § 8 (Exh. A) (part), 2005)
(Revised 12/05)20.46-12
20.46.160
20.46.160 PUBLIC DISTRIBUTION/
TRANSMISSION FACILITIES.
Public distribution/transmission facilities as
defined in Chapter 20.42 BMC are permitted outright in
all zones. The Director shall determine whether a utility
facility is most appropriately classified as a public dis-
tribution/transmission facility or a public utility facility
(see BMC 20.46.150) according to the definitions set
forth in Chapter 20.42 BMC. (Ord. 4950 § 8 (Exh. A)
(part), 2005)
20.48-1 (Revised 12/05)
Bremerton Municipal Code 20.48.040
Chapter 20.48
OFF-STREET PARKING REQUIREMENTS
Sections:
20.48.010 INTENT.
20.48.020 APPLICABILITY.
20.48.030 NONCONFORMITIES.
20.48.040 GENERAL REQUIREMENTS.
20.48.050 MODIFICATIONS TO
PARKING DEVELOPMENT
STANDARDS.
20.48.060 RESIDENTIAL PARKING
DEVELOPMENT STANDARDS.
20.48.080 NONRESIDENTIAL PARKING
DEVELOPMENT STANDARDS.
20.48.100 PARKING REDUCTION.
20.48.120 UNLISTED USES.
20.48.140 HANDICAP ACCESSIBLE
PARKING.
20.48.160 LOADING/UNLOADING
SPACES.
20.48.180 OTHER REQUIRED PARKING
SPACES.
20.48.200 RENT OF RESIDENTIAL
PARKING.
20.48.220 SATELLITE PARKING.
20.48.240 JOINT USE OF PARKING
FACILITIES.
20.48.260 DRIVE-THROUGH STACKING
REQUIREMENTS.
20.48.010 INTENT.
The intent of this chapter is to require off-street
parking and loading facilities in proportion to the park-
ing and loading demand of land uses while minimizing
the amount of impervious surface where possible. The
purpose of the regulations and design standards are to
ensure the usefulness of parking and loading facilities,
to protect the public safety, to mitigate adverse land use
impacts and to protect the visual, water and air quality
of the community. (Ord. 4950 § 8 (Exh. A) (part), 2005)
20.48.020 APPLICABILITY.
(a) General. The provisions of this chapter shall be
applied at the time of erection of any building or struc-
ture, or at the time any principal building or structure is
enlarged or increased in capacity unless provided for
otherwise by law. This chapter shall be used in conjunc-
tion with specific off-street parking requirements set
forth in BMC Title 20.
(b) Change of Use or Occupancy. The number of
off-street parking spaces shall be provided in accor-
dance with the requirements of this chapter if a change
in the use or occupancy of an existing building or struc-
ture results in a significant increase in the parking
requirement, which shall be determined by calculating
the difference between the required and existing number
of parking spaces. If the difference is more than fifteen
(15) percent of the existing parking spaces, or if the dif-
ference is more than three (3) parking spaces, whichever
number is larger, it shall be determined to be a signifi-
cant increase.
(c) Expansion of Structure/Use. When an existing
structure or use is expanded, additional off-street park-
ing spaces shall be provided in accordance with the
requirements of this chapter, except when the expansion
necessitates the addition of three (3) or fewer parking
spaces. The number of additional spaces shall be com-
puted only to the extent of the enlargement, regardless
of whether or not the number of previous existing spaces
satisfies the requirements of this chapter.
(d) Movement of Building. If a building is moved
to a new lot, off-street parking spaces shall be provided
in accordance with the requirements of this chapter.
(e) Change in Ownership. Additional off-street
parking shall not be required because of a change in
ownership or tenancy, provided the use and the building
remain unchanged.
(f) Rehabilitation. Additional off-street parking
spaces are not required because of a building remodel or
improvements if:
(1) The remodel or improvements are con-
tained within the existing envelope of the building or
structure;
(2) The inside gross floor area is not increased
by more than ten (10) percent; and
(3) No additional residential dwellings are
created. (Ord. 4950 § 8 (Exh. A) (part), 2005)
20.48.030 NONCONFORMITIES.
Any use which, on the effective date of the ordi-
nance codified in this chapter or any amendments
hereto, is nonconforming in terms of required off-street
parking facilities may continue in the same manner as if
they were conforming unless any of the provisions set
forth in BMC 20.48.020 would apply. However, in no
case shall nonconforming parking have its existing
number of off-street parking spaces reduced. (Ord. 4950
§ 8 (Exh. A) (part), 2005)
20.48.040 GENERAL REQUIREMENTS.
The following requirements are applicable to all
zoning districts:
(a) Occupancy. No building or structure shall be
approved for occupancy unless adequate parking facili-
ties are provided consistent with the requirements of this
chapter.
(Revised 12/05)20.48-2
20.48.050
(b) Availability. All required off-street parking
spaces shall be made available and continuously main-
tained for the parking of residents, customers, patrons
and employees of the related land uses and shall not be
rented, leased or otherwise assigned to any person or
organization not related to the principal or accessory
land use.
(c) Plans Required. No building permit shall be
issued until the applicant has submitted satisfactory
plans to the City showing how the off-street parking and
loading facilities required by this chapter will be pro-
vided and maintained. Development of a parking lot
without a building or other structure does not require a
building permit, but does require site plan review in
accordance with BMC 20.58.080.
(d) Maintenance. It shall be the responsibility of
the property owner to ensure that parking areas and
driveways are continually maintained in good condition
and free of refuse and debris. All required landscaping
shall be kept in a healthy condition and properly main-
tained.
(e) Nonparking Activities. No business, tempo-
rary or permanent display, or other nonparking activity
shall occur on any required parking space.
(f) Parking Prohibited. Parking is prohibited on
landscaped or other areas not designed and approved for
parking.
(g) Unobstructed Access and Circulation.
(1) Unobstructed vehicular access to and from
public or private streets shall be provided for all off-
street parking spaces. Vehicular access drives shall be
designed to ensure the safety of persons using such
access or traveling on the public street.
(2) Required parking and all maneuver areas
shall remain free of all obstructions.
(3) No parking space may block access to
another parking space unless the City has approved a
tandem parking design and valet parking with a tenant is
made available during hours of operation.
(4) Except for single-family and duplex struc-
tures on individual lots, parking spaces shall be
designed to prevent the backing of vehicles onto a pub-
lic right-of-way, or a private street other than an alley.
(h) Shared Driveways. Shared driveways are
encouraged for abutting lots whenever practical.
Approval shall include easements granting access to all
property owners using the shared driveway. (Ord. 4950
§ 8 (Exh. A) (part), 2005)
20.48.050 MODIFICATIONS TO PARKING
DEVELOPMENT STANDARDS.
The parking development standards included in
BMC 20.48.060 and 20.48.080 are base standards. Indi-
vidual zone chapters may provide additional parking
standards, or departures from these base standards. In
cases of conflict, parking development standards in
individual zone chapters shall supersede. Further reduc-
tions from base parking standards may be allowable per
BMC 20.48.100. (Ord. 4950 § 8 (Exh. A) (part), 2005)
20.48.060 RESIDENTIAL PARKING
DEVELOPMENT STANDARDS.
The following provisions apply to off-street park-
ing spaces for all residential development:
(a) Surface. Driveways and areas used for loading,
parking and maneuvering motorized vehicles shall have
a paved surface.
(b) Gravel Surface Driveway. A gravel surface
driveway may be allowed for a single-family residence
for that portion of the driveway that is more than one
hundred (100) feet from the lot line where access is pro-
vided. Any driveway approved for a gravel surface shall
include a paved apron in front of the garage automobile
door entrance extending a minimum depth of eighteen
(18) feet and at least the width of the garage door.
(c) Side Yard Setback. No parking shall be located
within the side yard setback area of the zone unless the
side lot line abuts an alley. When abutting an alley, the
side yard setback parking provision is reduced to zero
(0).
(d) Rear Yard Setback. No parking shall be located
within the rear yard setback area of the zone unless the
rear lot line abuts an alley. When abutting an alley, the
rear yard setback parking provision is reduced to zero
(0).
(e) Front Yard Setback. No parking shall be
located within the front yard setback area of the zone,
except within paved driveways, unless allowed other-
wise by law.
(f) Stall Dimensions.
(1) Parking stalls for a single-family dwelling
shall have a minimum width of eight (8) feet and depth
of eighteen (18) feet.
(2) Parking facilities for two (2) or more
dwellings shall comply with the design standards pre-
scribed in BMC 20.48.080. These design standards may
be modified to allow stacked parking spaces for a resi-
dential structure containing up to four (4) dwellings,
provided the parking spaces comply with setbacks.
(g) Driveways. A driveway may be located within
any setback area for a residential use, provided the width
is not more than twenty (20) feet and:
(1) The driveway area within yard setbacks is
not used to satisfy the parking space requirement;
(2) Access to a public or private street is pro-
vided in accordance with City street standards; and
(3) The Director may approve exceptions to
the maximum driveway width when necessary for com-
pliance with Americans with Disabilities Act (ADA)
standards.
20.48-3 (Revised 12/05)
Bremerton Municipal Code 20.48.080
(h) Required Parking Spaces. The number of off-
street parking spaces shall be provided in accordance
with the use and the following corresponding standards,
except as modified per BMC 20.48.050:
(Ord. 4950 § 8 (Exh. A) (part), 2005)
20.48.080 NONRESIDENTIAL PARKING
DEVELOPMENT STANDARDS.
The following provisions apply to off-street park-
ing spaces for all nonresidential developments and park-
ing lots:
(a) Surface. Driveways and areas used for loading,
parking and maneuvering motorized vehicles shall have
a paved surface.
(b) Side and Rear Yard Setbacks. Parking spaces
shall be set back a minimum of five (5) feet from the
side and rear lot lines. Setbacks may be reduced to zero
(0) if the following are incorporated into the design of
the parking area:
(1) A solid fence or wall is provided; and
(2) Landscaped islands at least forty-five (45)
square feet of area are provided in a manner that breaks
up parking spaces adjacent to the lot line into groups of
not more than six (6) spaces each.
(c) Front Yard Setbacks. Parking spaces shall be
set back a minimum of ten (10) feet from the front lot
line.
(d) Parking Setbacks in Structures. When parking
is incorporated within a structure, the parking shall com-
ply with the setbacks of the zone applicable to the struc-
ture.
(e) Setbacks Abutting a Residential Zone. When a
parking space abuts a residentially zoned property, the
side and rear yard setbacks shall be at least ten (10) feet
from the abutting residential lot line. Setbacks may be
reduced to five (5) feet if the following are incorporated
into the design of the parking area:
(1) A minimum five (5) foot in height solid
fence or wall; and
(2) Sight-obscuring landscaping at least five
(5) feet in height and five (5) feet wide, which meets the
performance standards set forth in Chapter 20.50 BMC.
(f) Stall and Aisle Requirements. Parking facili-
ties for required parking shall meet the minimum stall
and aisle dimensions set forth in Figure 20.48(a).
(g) Modifications to Parking Stall Requirements.
The standards set forth in subsection (f) of this section
may be modified to allow for a vehicle overhang of up
to two and one-half (2.5) feet, provided:
(1) Wheel stops are attached to the ground or
pavement if curbs are not provided;
(2) The vehicle overhang would not extend
beyond the lot line or into front yard setback areas;
(3) Walkways maintain a minimum three (3)
foot wide (four (4) feet for handicap access routes)
unimpeded passage for pedestrian passage beyond the
two and one-half (2.5) foot overhang.
(h) Driveways. The width of nonresidential drive-
ways shall be based on the location, intended usage, and
other factors and shall be in accordance with state and
City engineering standards.
(i) Internal Parking Lot Design. Parking facilities
shall incorporate the following features to provide safe
and efficient circulation for vehicles and pedestrians:
(1) Standard traffic control signs and devices
to direct traffic;
(2) Signs, crosswalks, raised pedestrian walk-
ways and night lighting to provide for safe pedestrian
movement;
(3) Landscaped islands, raised curbs, and
striping to define parking lot entrances, end of parking
aisles and the patterns of internal circulation; and
(4) Overall design coordination and adher-
ence to all applicable design standards.
(j) Landscaping. Landscaping shall be provided in
accordance with the requirements prescribed in Chapter
20.50 BMC.
Type of Use
Number of
Bedrooms Minimum Number of Parking Spaces
(1) ADU See BMC 20.46.010
(2) Single-unit residential All 2.0 per dwelling
(3) Two-unit residential All 2.0 per dwelling
(4) Multi-unit residential 1 or less 1.5 per dwelling
(5) Multi-unit residential 2 1.75 per dwelling
(6) Multi-unit residential 3 or more 2.0 per dwelling
(7) Group residential facility, Class I 2.0 plus 1.0 for each bedroom beyond the first 4
plus 1.0 for each 300 square feet of gross floor
area used for counselingGroup residential home
Adult family home
(Revised 12/05)20.48-4
20.48.080
(k) Lighting. Parking areas shall be lighted for the
safety of pedestrians and vehicle circulation on the site
in the following manner:
(1) Lights are hooded or beamed so that there
is no undesirable glare directed onto any adjacent streets
or property; and
(2) Lighting shall be designed adequately to
illuminate the parking area while preventing the direct
illumination of adjacent properties.
(l) Signage and Striping. Directional signs and
pavement markings shall be used to control vehicular
movement within parking areas and to mark spaces.
(1) The locations of parking spaces shall be
clearly indicated by curb markings, wheel stops, bol-
lards, or other means.
(2) Incidental signs within parking lots shall
be limited to two (2) square feet in size.
(3) No signs other than those indicating
entrances, exits, name of the lot or the establishment to
which the lot is accessory, conditions of use, or identifi-
cation of disabled parking spaces shall be erected.
(4) Signage for handicap spaces shall comply
with the requirements prescribed in RCW 70.92.120.
(m) Required Parking Spaces. The number of off-
street parking spaces shall be provided in accordance
with the use and following corresponding standards
except as modified per BMC 20.48.050:
Category of Land Use Minimum Number of Parking Spaces
BUSINESS/COMMERCIAL:
(1) Barber shop/beauty salon 1 per 75 sq. ft. gross floor area (g.f.a.)
(2) Bank/financial 1 per 350 sq. ft. g.f.a.
(3) Laundry (self-service) 1 per 4 washing machines, with a minimum of 5 required
(4) Office 1 per 300 sq. ft. g.f.a
(5) Retail store less than 15,000 sq. ft. 1 per 300 sq. ft. g.f.a.
(6) Retail store 15,000 sq. ft. or larger 1 per 250 sq. ft. g.f.a
(7) Personal service shop (tanning, shoe repair, dry
cleaner)
1 per 250 sq. ft. g.f.a., with a minimum of 2 required
(8) Plumbing, heating, electrical and building
supplies
1 per 600 sq. ft. g.f.a.
(9) Convenience market/food store (retail)/market
and supermarket
1 per 250 sq. ft. g.f.a., with a minimum of 6 required
(10) Shopping center* 4.0 per 1,000 square feet of leaseable g.f.a
* A shopping center is a contiguous collection of retail businesses under one ownership or common management located in a building or set of
buildings.
EATING/DRINKING ESTABLISHMENTS:
(1) Restaurant/cocktail lounge/tavern less than
4,000 sq. ft.
1 per 150 sq. ft. g.f.a.
(2) Restaurant/cocktail lounge/tavern 4,000 sq. ft.
or greater
20 plus 1 per 100 sq. ft. g.f.a. greater than 4,000 sq. ft.
ENTERTAINMENT:
(1) Bowling alley 5 per lane
(2) Club, lodge 1 per 4 fixed seats, plus 1 per 50 sq. ft. gross floor area of
assembly area without fixed seating
(3) Dance hall 1 per 100 sq. ft. g.f.a.
(4) Pool hall 1 per 100 sq. ft. g.f.a.
(5) Theater 1 per 4 fixed seats
(6) Video game arcade 15 per 1,000 sq. ft. g.f.a.
20.48-5 (Revised 12/05)
Bremerton Municipal Code 20.48.080
INDUSTRIAL:
(1) Industrial establishment/research and
development
1 per 600 sq. ft. g.f.a.
(2) Mini-warehouse 1 per 3,000 sq. ft. g.f.a., plus 1 loading space per 10,000 sq.
ft. g.f.a., plus 1 per 300 sq. ft. g.f.a. for office area
(3) Wholesale establishment/warehouse, trucking
and freight terminal
1 per 2,000 sq. ft. g.f.a. up to 20,000 sq. ft., (3 space
minimum), plus 1 per 2,500 sq. ft. g.f.a. 20,001 to 100,000
sq. ft. (10 space minimum), plus 1 per 3,000 sq. ft. greater
than 100,000 sq. ft. (40 spaces minimum)
LODGING:
(1) Bed and breakfast 1 per guest room plus 1 for the resident household
(2) Hotel 1 per 2 guest rooms, plus 1 per 200 sq. ft. g.f.a. of common
areas
(3) Motel 1 per 2 guest rooms, plus 1 per 200 sq. ft. g.f.a. of common
area plus 1 for manager
(4) Travel trailer park/tourist court 1 per trailer site, plus 1 per 10 sites located in a secure storage
area, plus 1 per 5 sites for guest parking, plus other parking
for office or community buildings
MEDICAL/DENTAL:
(1) Medical/dental office 1 per 150 sq. ft. g.f.a
(2) Hospital/medical centers 1.8 per overnight bed based on state license
(3) Nursing home/health institution/convalescent
home
1 per 600 sq. ft. g.f.a.
(4) Veterinarian/animal hospital 1 per 200 sq. ft. g.f.a.
RECREATIONAL:
(1) Health club/figure salon/physical fitness center 10 per 1,000 sq. ft. g.f.a
(2) Parks/playground Based on anticipated parking demand
(3) Racquet/handball 2 per each court
(4) Swimming facility 5, plus 1 per 75 sq. ft. of gross surface water area
PUBLIC:
(1) Library/museum 1 per 400 sq. ft. g.f.a.
(2) Places of assembly (arenas, churches,
auditoriums, stadiums, sports arenas, etc.)
1 per 4 fixed seats (20 inches of a bench or pew = 1 seat),
plus 1 per 50 sq. ft. g.f.a. of assembly without seats
EDUCATIONAL:
(1) Nursery school/day care 1 per 5 children, plus 2 loading/unloading spaces (12 or
fewer children are exempt from the loading/unloading)
(2) School, business and trade 6 per classroom, and/or 1 per 200 sq. ft. g.f.a of
administrative office, and/or teaching lab or shop
(3) School, college or university 2 per 1,000 sq. ft. g.f.a. used for academics, plus 1 per each 4
student rooming units, plus additional space as required for
nonacademics
(4) School, K through 9th grade 2 per classroom, plus 1 per 200 sq. ft. g.f.a of administrative
office
Category of Land Use (Continued) Minimum Number of Parking Spaces
(Revised 12/05)20.48-6
20.48.100
(Ord. 4950 § 8 (Exh. A) (part), 2005)
20.48.100 PARKING REDUCTION.
Modifications to the requirements of this chapter
may be granted for the following:
(a) Designated Land Use Centers. If a change of
use occurs pursuant to BMC 20.48.020(b) on a property
within a center zone designation, as categorized in Fig-
ure 20.40(a), which results in a significant increase in
the parking requirement, the Director may reduce the
minimum number of required parking spaces by up to
ten (10), provided:
(1) Sites containing multiple buildings and/or
uses shall have the reduction applied to the entire site
and not to individual uses;
(2) The number of existing off-street parking
spaces is not reduced.
(b) Master Development Zone. Approval of a mas-
ter development zone pursuant to Chapter 20.80 BMC.
(c) Group Residential Facility - Class I, Adult
Family Home, and Group Residential Home. The Direc-
tor may authorize a reduction in the number of required
parking spaces for a group residential facility - Class I,
adult family home, or group residential home if there is
a clear indication that the requirements of this chapter
are excessive due to such factors as the resident’s ability
to drive, age, or mental or physical abilities and disabil-
ities.
(d) Senior Housing Complex. Parking require-
ments may be reduced for a senior housing complex
approved pursuant to BMC 20.46.090.
(e) Manufactured Home Park Requirements. Park-
ing requirements for a manufactured home park are pre-
scribed in the approval criteria for a conditional use
permit. (Ord. 4950 § 8 (Exh. A) (part), 2005)
20.48.120 UNLISTED USES.
Land uses not specifically listed in BMC
20.48.060(h) and 20.48.080(m) shall have their off-
street parking requirements determined in the following
manner:
(a) A comparison is made of the unlisted use to a
listed use and the Director determines that the parking
demand between the two uses is similar; or
(b) If a comparison cannot be made, the Director
may determine the number of required spaces based on
anticipated parking demand, which in no case shall be
less than one (1) parking space per five hundred (500)
square feet of gross floor area. (Ord. 4950 § 8 (Exh. A)
(part), 2005)
20.48.140 HANDICAP ACCESSIBLE
PARKING.
Where parking is provided, accessible parking
spaces shall be provided that complies with the require-
ments in Chapter 17.04 BMC, City Building Code (IBC
(5) School, 10th through 12th grade 1 per each 10 students for which building is designed, plus 1
per classroom, plus 1 per 200 sq. ft. g.f.a of administrative
office
AUTOMOBILE:
(1) Automobile service 1 per 200 sq. ft. g.f.a., plus 1 per service bay (bay itself is not
a space), with a minimum of 5 required
(2) Motor vehicle/vessel sales lots 1 per 3,000 square feet of retail indoor or outdoor sales area
in addition to parking requirements for the building or
structure
(3) Motorcycle/small engine repair 1 per 400 sq. ft. g.f.a.
(4) Shop/store for sales and service of machinery 1 per 600 sq. ft. g.f.a.
OTHERS:
(1) Garden nursery 1 per 400 sq. ft. g.f.a of retail area, plus 1 per 500 sq. ft. g.f.a
of building and outside display area (wholesale)
(2) Marina and moorage facility 1 per 600 sq. ft. g.f.a.
(3) Mortuary/funeral home 1 per 75 sq. ft. of assembly area
(4) Uncovered storage area 1 per 2,000 sq. ft., plus 1 per each vehicle anticipated to be
parked overnight on a regular basis, plus 1 per 300 sq. ft.
g.f.a. for office
Category of Land Use (Continued) Minimum Number of Parking Spaces
20.48-7 (Revised 12/05)
Bremerton Municipal Code 20.48.180
Chapter 11). Accessible parking spaces shall be located
on the shortest accessible route of travel from adjacent
parking to an accessible building entrance. (Ord. 4950
§ 8 (Exh. A) (part), 2005)
20.48.160 LOADING/UNLOADING SPACES.
(a) Standards. Off-street loading spaces shall be
provided in accordance with the following standards for
all new nonresidential construction or additions having
a floor area greater than one thousand (1,000) square
feet of gross floor area that is engaged in retail, manu-
facturing, wholesale or storage activities, but excluding
self-service storage facilities, which requires the deliv-
ery of merchandise or materials by trucks:
(b) Standards. Off-street loading spaces shall be
provided in accordance with the following standards for
all new nonresidential construction or additions having
a floor area greater than ten thousand (10,000) square
feet of gross floor area that is engaged in hotel, office,
restaurant or similar use in accordance, which requires
the delivery of merchandise or materials by trucks:
(c) Loading/Unloading Zone Development Stan-
dards.
(1) Design. Off-street loading spaces shall be
at least ten (10) feet in width and have a total area of not
less than two hundred fifty (250) square feet.
(2) Accessibility. With the exception of gates
and security fencing, loading spaces shall be accessible
at all times from a street, alley, or driveway and shall not
be obstructed by other loading spaces, trash receptacles,
outdoor storage, or other obstacles.
(3) Obstructions. Loading functions shall not
interfere with any emergency access, fire exit, or
required vehicle parking spaces.
(d) Modifications.
(1) If the applicant can demonstrate that deliv-
eries are only made during nighttime or other hours
when customers are not present, the loading function
may be accommodated in combination with required
customer/employee parking.
(2) If the applicant can demonstrate that all
deliveries are made by trucks with a gross weight of
twenty-six thousand (26,000) pounds or less, the num-
ber of required loading/unloading spaces may be
reduced by one (1) if a load/unload zone located within
the public right-of-way fronting the property is
approved by the Public Works Department. (Ord. 4950
§ 8 (Exh. A) (part), 2005)
20.48.180 OTHER REQUIRED PARKING
SPACES.
All nonresidential uses and residential develop-
ments of six (6) or more dwellings shall provide parking
spaces for the following:
(a) Motorcycle Spaces. Motorcycle spaces shall
be provided at one (1) per twenty-five (25) of the
required automobile spaces with at least one (1) motor-
cycle space provided.
(1) Automobile parking requirements may be
reduced one (1) space for every three (3) motorcycle
spaces, provided up to a maximum five (5) percent of
the total required automobile spaces.
(2) Each motorcycle space shall be no smaller
than four (4) feet in width and eight (8) feet in depth.
(3) Motorcycle spaces shall be located
according to the same criteria and standards that are
applicable to automobile parking spaces.
(4) The Director may exempt those nonresi-
dential uses that would not normally have motorcycle-
riding clientele (such as warehouses, storage facilities,
automobile services, etc.) from motorcycle parking
requirements.
(b) Bicycle Facilities. Bicycle parking spaces shall
be provided at ten (10) percent of the required automo-
bile spaces.
(1) The minimum number of required bicycle
spaces for schools of all types except higher education
institutions shall be calculated at the rate of one (1)
space per twenty (20) students, based on the facility’s
designed capacity.
(2) Video game and similar amusement cen-
ters commonly frequented by children and/or teenagers
shall provide bicycle facilities equal to one-third (1/3)
the required numbers of automobile parking spaces.
(3) The Director may exempt those nonresi-
dential uses that would not normally have bicycle-riding
clientele (such as self-service businesses, automobile
Total Gross Floor Area
Number of
Loading
Spaces
Required
(1) 1,000 to 20,000 square feet 1
(2) 20,001 to 50,000 square feet 2
(3) 50,001 to 100,000 square feet 3
(4) Greater than 100,000 square feet 4
Total Gross Floor Area
Number of
Loading
Spaces
Required
(1) 10,000 to 50,000 square feet 1
(2) 50,001 to 100,000 square feet 2
(3) Greater than 100,000 square feet 3
(Revised 12/05)20.48-8
20.48.200
services, gas stations, etc.) from the bicycle parking
requirements.
(4) Bicycle facilities shall be firmly attached
to the ground, located near the building entrance, and
designed to allow both the frame and wheels to be
securely locked to the structure. (Ord. 4950 § 8 (Exh. A)
(part), 2005)
20.48.200 RENT OF RESIDENTIAL
PARKING.
(a) The rental, lease or other use of parking spaces
for commercial parking purposes within a residential
zone is prohibited.
(b) The rental, lease or other use of parking spaces
associated with a residential use for commercial park-
ing, whether they are required spaces or not, is prohib-
ited. (Ord. 4950 § 8 (Exh. A) (part), 2005)
20.48.220 SATELLITE PARKING.
Off-street parking requirements may be partially or
completely satisfied with the approval of a satellite
parking facility. A satellite parking facility is approved
by site plan review as prescribed in BMC 20.58.080. A
satellite parking facility may be approved, provided:
(a) The parking facility is located within four hun-
dred (400) feet of the property containing the associated
use or building;
(b) The parking facility is not located on property
zoned for low density residential. The Director may
waive the zone restriction for a religious worship facil-
ity, public school or public use if:
(1) The parking facility is located on a lot
abutting the principal use; or
(2) The parking facility is located within one
hundred (100) feet on a lot where a street (public or pri-
vate) or alley would separate it from the principal use.
(c) The owner of the property containing the satel-
lite parking facility executes a binding agreement
approved by the City. The agreement shall include cov-
enants running with the land to ensure that conditions
are observed and remain in effect until there is a sub-
stantial change to the original conditions that made the
satellite parking necessary. The agreement at a mini-
mum shall contain:
(1) A covenant stating that the title to and
right to use the satellite lot will be subservient to the title
to the premises upon which the primary structure or
improvement is to be erected or made; and
(2) A warrant that lots are not and will not be
made subject to any other covenant or contract for such
or other use without the prior written approval of the
City.
(d) The owner of the property or an authorized
agent shall file the agreement with the County Auditor
following City approval. A copy of the recorded agree-
ment shall be submitted to the Department and kept on
file.
(e) The satellite parking facility shall meet the
requirements of this chapter.
(f) A limit on the time of day that the satellite
parking facility is used may be placed as a condition of
its approval if deemed necessary by the Director for the
protection of adjoining areas. (Ord. 4950 § 8 (Exh. A)
(part), 2005)
20.48.240 JOINT USE OF PARKING
FACILITIES.
Joint use parking facilities provide for the sharing
of parking facilities between different uses. A joint use
parking facility requires approval of a conditional use
permit pursuant to BMC 20.58.020. A conditional use
permit may be granted under the following conditions:
(a) Up to fifty (50) percent of the required parking
for a theater, auditorium, bowling alley, or dance hall
may be supplied by the off-street parking provided by
certain types of uses referred to as "daytime" uses in
subsection (d) of this section.
(b) Up to fifty (50) percent of the required parking
for uses specified as "daytime" uses in subsection (d) of
this section may be supplied by the parking facilities
provided by uses referred to as "nighttime" uses in sub-
section (e) of this section.
(c) Up to seventy (70) percent of the required
parking for a religious worship facility or auditorium
incidental to a public or private school may be supplied
by the off-street parking facilities provided by uses
referred to as "daytime" uses in subsection (d) of this
section.
(d) The following uses are considered as primary
"daytime" uses:
(1) Bank;
(2) Office;
(3) Personal service shop;
(4) Wholesale business;
(5) Uses similar to the above that normally or
traditionally operate only during daytime hours.
(e) The following uses are considered as primary
"nighttime" or Sunday uses:
(1) Auditorium incidental to a public or pri-
vate school;
(2) Civic and commercial theater;
(3) Bowling alley;
(4) Dance hall;
(5) Religious worship facility;
(6) Uses similar to the above that normally or
traditionally operate primarily during evening hours or
on Sunday.
(f) The following conditions apply as a requisite
for approving a joint use of parking facilities:
20.48-9 (Revised 12/05)
Bremerton Municipal Code 20.48.260
(1) The principal building or use shall be
located within a radius of eight hundred (800) feet of the
joint parking facilities.
(2) The principal building or use shall not be
separated from its parking by an arterial street unless it
is within one (1) block of a signalized intersection.
(3) The applicant shall demonstrate there will
be no substantial conflict between the two (2) uses
regarding hours of operation for which joint use of park-
ing facilities is proposed.
(4) A properly drawn legal instrument,
approved by the City Attorney and executed by affected
parties to set forth clearly the terms of the parking agree-
ment, shall be recorded with the County Auditor. A
copy of the recorded agreement shall be submitted to the
Department.
(5) The right to occupy the primary premises
shall terminate if the joint use parking facilities that are
necessary and were approved cease to be available.
(Ord. 4950 § 8 (Exh. A) (part), 2005)
20.48.260 DRIVE-THROUGH STACKING
REQUIREMENTS.
Any land use containing drive-through services or
drive-through service bays shall provide "stacking
spaces" in accordance with the following:
(a) Designed to accommodate vehicles awaiting
service and prevent them from extending into a public
right-of-way;
(b) A minimum of four (4) stacking spaces shall be
provided for each lane on the entrance side and one (1)
space on the exit side;
(c) Service bays and drive-through lanes shall not
be designed to be entered from both sides;
(d) Circulation and stacking areas shall not be
counted toward the required off-street parking spaces;
and
(e) Stacking requirements shall not apply to auto
service facilities such as gas stations, service stations,
and auto repair garages, unless found to be necessary to
prevent extending into a public right-of-way. (Ord. 4950
§ 8 (Exh. A) (part), 2005)
(Revised 12/05)20.48-10
Figure 20.48(a)
Figure 20.48(a)
(Ord. 4950 § 8 (Exh. A) (part), 2005)
Parking Minimum Design Requirements
Parking
Angle
Standards
Minimum Stall
Width
Minimum Stall
Depth
Minimum Aisle Width
One-way Two-way
0° 22'0" 8'0" 10'0" 18'0"
30° 8'6" 17'0" 12'0" 20'0"
45° 8'6" 17'4" 12'3" 10'0"
50° 8'6" 18'0" 12'9" 20'0"
55° 8'6" 18'6" 13'3" 20'0"
60° 8'6" 18'10" 14'4" 20'0"
65° 8'6" 19'0" 15'2" 21'0"
70° 8'6" 19'2" 16'0" 21'6"
75° 8'6" 19'0" 17'6" 22'0"
90° 8'6" 17'11" 22'6" 22'6"
A B C D D
20.50-1 (Revised 12/05)
Bremerton Municipal Code 20.50.040
Chapter 20.50
LANDSCAPING REQUIREMENTS
Sections:
20.50.010 INTENT.
20.50.020 APPLICABILITY.
20.50.030 EXCEPTIONS.
20.50.040 GENERAL PROVISIONS.
20.50.050 PERFORMANCE STANDARDS.
20.50.060 LANDSCAPING PLAN
SUBMITTAL.
20.50.010 INTENT.
The intent of this chapter is to establish landscaping
standards that contribute to a quality urban environment
by connecting open spaces, maintaining native,
drought-resistant vegetation, replacing nonnative and
invasive species, increasing privacy for residential
areas, providing visual relief of parking lots, providing
habitat for fish and wildlife, retaining significant trees,
and reducing erosion and storm water runoff while pro-
viding on-site filtration to protect groundwater
resources from pollutants and flooding. (Ord. 4950 § 8
(Exh. A) (part), 2005)
20.50.020 APPLICABILITY.
All new development, including expansion of exist-
ing structures and/or uses, except single-family residen-
tial building permits on individual lots, shall be subject
to the requirements of this chapter. (Ord. 4950 § 8 (Exh.
A) (part), 2005)
20.50.030 EXCEPTIONS.
(a) Landscaping standards do not apply to residen-
tial developments of single-family units on individual
lots, except that all undeveloped areas of the property
shall be landscaped and continually maintained or
retained in a natural undisturbed state;
(b) The Director may waive or reduce any require-
ment(s) of this chapter in the following cases:
(1) The remodel of an existing building
results in the expansion of floor area that is ten (10) per-
cent or less of the existing floor area;
(2) An expansion of a use that results in no
modifications (except normal maintenance and repair of
the structure) to the outdoor area of the site;
(3) To accommodate required off-street park-
ing spaces. (Ord. 4950 § 8 (Exh. A) (part), 2005)
20.50.040 GENERAL PROVISIONS.
(a) Front Yards. All front yard setback areas shall
be landscaped pursuant to the performance standards
per BMC 20.50.050;
(b) Street Trees. Street trees shall be planted along
public and private streets per performance standards in
BMC 20.50.050(a) unless more stringently required by
the underlying zone. Trees shall be located within the
front yard setback area, or within a public right-of-way
if approved by the City and the property owner arranges
the planting and maintenance of said street trees;
(c) Residential Screening. When any nonresiden-
tial development is proposed on a site that abuts the low
density residential (R-10) zone, or when a three (3) or
more dwelling multifamily residential development is
proposed on a site that abuts the low density residential
(R-10) zone, landscaping and screening shall be pro-
vided according to the performance standards in BMC
20.50.050(b);
(d) Areas Adjacent to Trails and Open Spaces. All
developments adjacent to publicly used or designated
trails and open spaces in the Comprehensive Plan shall
provide landscaping screening along the site facing the
trail or open space per the performance standards out-
lined in BMC 20.50.050;
(e) Undeveloped Areas. Undeveloped portions of
property not devoted to landscaping shall be planted,
ground covered, or remain with existing vegetation,
including significant trees, as provided for in BMC
20.50.050(c), but excluding plants that can be classified
as noxious weeds or as invasive species;
(f) Required Plants. New plant materials shall
include native species or nonnative species that have
adapted to the climatic conditions of the coastal Puget
Sound region. The Department of Community Develop-
ment maintains a list of approved plant materials recom-
mended for use within areas in the City of Bremerton.
Additional plants may be added to this list as deemed
appropriate by the City. Performance standards for
required plants are found in BMC 20.50.050(d);
(g) Alternative Landscaping Plan. The require-
ments of this chapter may be modified to encourage bet-
ter landscaping design as follows:
(1) A request for approval of alternate land-
scaping shall be submitted and accompanied by a land-
scape plan as required above;
(2) An alternative landscaping plan may be
approved, provided a finding by the City of public ben-
efit and that the total area of landscaping shall be equal
to or exceed that created by adherence to the standard
landscaping and buffer requirements;
(h) Guarantee. All landscaping shall be completed
prior to the issuance of a certificate of occupancy (CO),
except that in lieu of installing required landscaping, a
performance assurance device may be provided prior to
the issuance of a CO. The purpose of such a requirement
is to ensure that a landscape plan is carried out when
required by this chapter. The following conditions
apply:
(Revised 12/05)20.50-2
20.50.050
(1) A bond or other acceptable assurance
device shall be in the amount of one hundred twenty-
five (125) percent of the estimated cost required to com-
plete the approved landscaping, in order to guarantee its
installation and the replacement of any plants that die
within two (2) years of the posting of the bond;
(2) If a performance assurance device is pro-
vided, landscaping shall be installed within the next
planting season and no later than one (1) year from the
date of issuance of a CO. If the approved landscape plan
is not carried out, the City shall use the performance
assurance device to complete the landscaping;
(3) A performance assurance device will be
released two (2) years after it is posted if the landscaping
vegetation is in a healthy growing condition;
(i) Maintenance Required. All plant material shall
be maintained as designed and approved. Maintenance
standards and assurances must be provided in the land-
scape plan as described in BMC 20.50.060. (Ord. 4950
§ 8 (Exh. A) (part), 2005)
20.50.050 PERFORMANCE STANDARDS.
Required landscaping shall be provided in the fol-
lowing manner:
(a) Street Trees. One (1) tree for every twenty-five
(25) linear feet of street frontage, and shall be spaced a
maximum distance of thirty-five (35) feet on center;
however, trees may be spaced irregularly in natural
groupings rather than uniformly spaced except as noted
elsewhere in this chapter;
(b) Screening Requirements.
(1) Landscaping forming a year-round sight
barrier a minimum of five (5) feet in height in a land-
scaped area at least ten (10) feet wide; or
(2) A fence or wall, and/or berm, or combina-
tion, no less than five (5) feet high plus shrubs and trees
in an area at least five (5) feet wide;
(c) Significant Trees. Existing healthy trees
located within required landscape areas and undevel-
oped areas and which will not constitute a safety hazard
shall be preserved as follows:
(1) Evergreen Trees. Eight (8) inches in diam-
eter or greater, measured four (4) feet above existing
grade; and
(2) Deciduous Trees. Twelve (12) inches in
diameter or greater, measured four (4) feet above exist-
ing grade;
(d) Planting Materials. Plants shall be selected
based upon site-specific conditions which may affect
plant growth such as sun exposure, soil types, shoreline
conditions, adjacent site improvements, etc. New plant
materials shall consist of drought-resistant species, or
other species that are irrigated per the provisions of
BMC 20.50.060(b)(4) or located in high moisture con-
tent soils. Plant material selection shall be consistent
with the list of approved plant materials recommended
for use within areas in the City of Bremerton per BMC
20.50.040(f). Plant materials shall also be coordinated
with utility company requirements to avoid conflicts;
(e) Deciduous Species Requirement. Landscaped
areas and required screening shall consist of no more
than fifty (50) percent deciduous species;
(f) Areas Adjacent to Trails and Open Spaces. All
developments adjacent to publicly used or designated
trails and open spaces in the Comprehensive Plan shall
provide one (1) tree per fifty (50) linear feet of the prop-
erty facing such trails and open spaces in addition to the
general provisions of BMC 20.50.040(d);
(g) Interruptions. Screening and buffering may be
interrupted where necessary for access consistent with
the general provisions of this chapter;
(h) Safety. All fire hydrants are to be free of
fences, hedges, and other landscaping obstacles. Shrubs
eighteen (18) inches in height and less must not be
placed closer than five (5) feet to a hydrant, and shrubs
or trees larger than eighteen (18) inches must not be
planted closer than twenty (20) feet to a hydrant;
(i) Freestanding Signs. An area around the base of
each freestanding sign equal to the sign area must be
landscaped to improve the overall appearance of the
sign and to reduce the risk of automobiles hitting the
sign or supports of the sign. This landscaping must
include vegetation and may include other materials and
components such as brick or concrete bases, planter
boxes, pole covers, or decorative framing;
(j) Outdoor Storage. In addition to any other
requirements, storage yards and garbage dumpsters
shall be surrounded by a six (6) foot high solid wall or
sight-obscuring fence. The wall or fence shall be consid-
ered a structure and shall conform to setbacks which
may be required for building on street frontage. Outdoor
storage of materials shall not exceed six (6) feet in
height when visible from a public right-of-way;
(k) Parking Lots. Parking lots shall comply with
all of the landscaping requirements for nonresidential
uses. In addition, the following standards shall apply:
(1) Parking lot setback areas shall be land-
scaped with trees, shrubs, ground covers, turf grasses, or
combinations thereof. Nonliving materials shall not
exceed twenty (20) percent of the landscaped area at
maturity;
(2) Parking lots shall have at least ten (10)
square feet of interior landscaping for each parking
space. Required peripheral trees and required land-
scaped setback areas shall not be included in the interior
landscaping calculations;
(3) Interior landscaping shall be dispersed as
equally as possible throughout the parking lot;
(4) Each separate landscaped area shall be a
minimum of fifty (50) square feet and shall include at
20.50-3 (Revised 12/05)
Bremerton Municipal Code 20.50.060
least one (1) tree in combination with shrubs, ground
cover or other landscaping materials;
(5) Bio-swales and permeable pedestrian
accessways through parking lots, connecting land-
scaped areas, are encouraged and are included in the cal-
culation of required landscaping square footage;
(6) Lots larger than thirty (30) spaces are
exempt from internal landscaping requirements if:
(i) They have only a single aisle with
parking spaces on one (1) or both sides;
(ii) They have at least a five (5) foot
width of landscaping across the frontage and along at
least one (1) other property line; and
(iii) The lot has no internal parking islands
or peninsulas;
(7) Trees shall be provided along any property
line abutting a residential zone at a minimum rate of one
(1) tree per each fifty (50) linear feet except along prop-
erty lines abutting an alley or already occupied by a
building or other structure;
(8) If not necessary for visual buffering or if
other trees are on or near the property line, trees may be
irregularly spaced or grouped rather than uniformly
spaced on the property line;
(9) Whenever possible, mature healthy trees,
as defined in BMC 20.50.040(e), already existing on the
site shall be preserved. Credit may be given by the
Director at the time of site plan review for the preserva-
tion of such a tree in exchange for the loss of a parking
space;
(l) Clear-Vision Triangle. A clear-vision area
shall be maintained at the intersections of streets, alleys
and commercial driveways, or combinations thereof, as
determined by the City Engineer with the following
requirements:
(1) A clear-vision area shall contain no plant-
ings, fences, walls, other structures, or visual obstruc-
tions within a vertical area extending from three (3) feet
to eight (8) feet above the ground, measured from the
established centerline of the street, alley or driveway;
(2) The foregoing provision shall not apply to:
(i) A tree trimmed to the trunk within the
three (3) to eight (8) foot clear area;
(ii) Other plant species that are so planted
and trimmed as to leave a clear and unobstructed cross-
view in all seasons;
(iii) A supporting member or appurte-
nance to a permanent building lawfully existing on the
site. (Ord. 4950 § 8 (Exh. A) (part), 2005)
20.50.060 LANDSCAPING PLAN
SUBMITTAL.
A landscape plan shall accompany all land use
applications, including permits for clearing, grading,
and building.
(a) A landscape plan shall be drawn to scale and
shall indicate:
(1) Project name, owner’s name, designer’s
name, north arrow, date and scale;
(2) Existing property lines, easements, rights-
of-way, utilities, setbacks, trees, fences, and other
screening and structures;
(3) Existing and proposed grades of at least
five (5) foot intervals;
(4) Proposed plantings, identified by common
name, and caliper, size, and minimum height of speci-
mens to be planted.
(b) A landscape plan shall provide assurances for
the following:
(1) Landscape areas consisting of drought-
resistant vegetation will not require temporary or per-
manent irrigation systems;
(2) Areas where existing site conditions
assure adequate soil moisture for growth within the
required landscape area shall have temporary irrigation
systems only as required to sustain new plantings;
(3) Except for areas of undisturbed existing
vegetation, all landscape areas that do not have high soil
moisture conditions shall have temporary or permanent
irrigation systems. Temporary systems may be removed
after twenty-four (24) months or two (2) growing sea-
sons, whichever occurs first; provided, that the plantings
are established;
(4) Permanent irrigation systems located
within required landscape areas shall include the follow-
ing features:
(i) Moisture or precipitation sensors;
(ii) Automatic timers set for operation to
assure adequate moisture levels;
(iii) Head-to-head spacing, if sprinkler
heads are proposed;
(iv) Pressure regulating devices;
(v) Backflow prevention devices;
(vi) Separate irrigation zones for grass
and planting beds;
(vii)Other provisions applicable to state
and City codes;
(5) Irrigation water shall be applied with dem-
onstrated consideration for avoiding runoff, low head
drainage, overspray, or other similar conditions where
water flows onto adjaent property, nonirrigated areas,
and impervious surfaces;
(6) All landscaping shall be maintained in
healthy growing condition for the life of the project;
(Revised 12/05)20.50-4
20.50.060
(7) All plant material shall be managed by
pruning so that plant growth does not conflict with pub-
lic utilities, restrict pedestrian or vehicular access, or
create a traffic hazard. (Ord. 4950 § 8 (Exh. A) (part),
2005)
20.52-1 (Revised 12/05)
Bremerton Municipal Code 20.52.040
Chapter 20.52
SIGN STANDARDS
Sections:
20.52.010 INTENT.
20.52.020 APPLICABILITY.
20.52.030 SIGN PERMIT.
20.52.040 EXEMPT SIGNS.
20.52.050 PROHIBITED SIGNS.
20.52.060 SIGN MEASUREMENTS.
20.52.070 SIGN PLACEMENT
REQUIREMENTS.
20.52.080 TEMPORARY SIGNS.
20.52.085 POLITICAL SIGNS.
20.52.090 GENERAL SIGN
REGULATIONS.
20.52.100 COMMERCIAL DISTRICTS
SIGN REGULATIONS.
20.52.110 AUTO DEALERSHIP SIGN
REGULATIONS.
20.52.120 RESIDENTIAL DISTRICT SIGN
REGULATIONS.
20.52.130 SPECIAL PURPOSE SIGN
REGULATIONS.
20.52.140 DOWNTOWN AND CENTERS
SIGN REGULATIONS.
20.52.150 VARIATIONS TO SIGN
REGULATIONS.
20.52.160 DOWNTOWN ZONE
SANDWICH BOARD SIGNS.
20.52.170 SANDWICH BOARD AND
PORTABLE SIGNS - ALL
ZONES.
20.52.180 NONCONFORMING SIGNS.
20.52.190 GOVERNMENT ACQUISITION
OF PROPERTY FOR RIGHT-
OF-WAY.
20.52.200 REMOVAL OF SIGNS.
20.52.010 INTENT.
The intent of the sign requirements chapter is to rec-
ognize the importance of signs in the community and
establish regulations to protect the public from damage
or injury 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,
and to protect property values. This chapter is intended
to regulate the number, size, placement and physical
characteristics of signs and sign structures. These regu-
lations are not intended to and do not restrict, limit or
control the content of any sign message. (Ord. 4950 § 8
(Exh. A) (part), 2005)
20.52.020 APPLICABILITY.
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. (Ord. 4950 § 8
(Exh. A) (part), 2005)
20.52.030 SIGN PERMIT.
(a) Permit Required. No sign shall be placed,
erected, or displayed without first obtaining a sign per-
mit unless exempt under BMC 20.52.040.
(b) Removal of Nonconforming Signs. A property
containing a nonconforming sign shall not be allowed a
new or additional sign on the property until the noncon-
forming sign is removed or brought into conformance
with the requirements of this chapter and the underlying
zone.
(c) Permit Application. An application for a sign
permit shall include the following:
(1) Signature of the property owner or their
designated agent;
(2) Site plan drawn to scale showing existing
buildings, streets, freestanding and building signs, util-
ity poles, and other structures within fifty (50) feet of the
proposed sign;
(3) Elevation drawings of the structural
details of the proposed sign including dimensions,
height, illumination methods and structure supports; and
(4) Landscaping plan showing planting mate-
rials and patterns. (Ord. 4950 § 8 (Exh. A) (part), 2005)
20.52.040 EXEMPT SIGNS.
The following signs are exempt from the provisions
of this chapter, but may be subject to other provisions of
the zoning code or building code:
(a) Traffic signs, signals, and other traffic control
devices erected by the City or other public authority.
(b) Public notices pertaining to public health or
safety issues, or for notification of legal or legislative
action erected by the City or other public authority, of a
temporary nature.
(c) Permanent plaques, cornerstones, nameplates,
and other building identification marking attached to or
carved into the building materials and which are integral
parts of the structure.
(d) Signs within buildings, provided they do not
include moving, flashing or animated signs that are vis-
ible from any private or public roadway, or from adja-
cent properties.
(e) Legal nonconforming signs.
(f) Incidental signs intended for public informa-
tion 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
(Revised 12/05)20.52-2
20.52.050
signs, address numbers, help wanted, credit card signs,
and similar.
(g) The American flag, state of Washington flag,
and other political or special purpose flags that are not
intended to contribute to a commercial advertising dis-
play.
(h) Wall graphics of an artistic nature and that do
not conform to the definition of "sign."
(i) Public information/identification approved
through a conditional use permit process pursuant to
BMC 20.58.020.
(j) Real estate signs for sale of single-family
dwelling units.
(k) Temporary construction and on-site real estate
development marketing signs, provided they are
removed prior to occupancy approval of the building.
(l) Political signs meeting the provisions in BMC
20.52.090. (Ord. 4950 § 8 (Exh. A) (part), 2005)
20.52.050 PROHIBITED SIGNS.
The following signs are prohibited within the City
limits of Bremerton and shall be subject to removal
through amortization or other means:
(a) 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 at two (2) second inter-
vals, and time/temperature signs are exempt from this
provision.
(b) Pole signs in all zones except the freeway cor-
ridor (FC) zone and the industrial (I) zone.
(c) Private signs placed within a public right-of-
way; except a projecting sign, may be permitted over a
sidewalk if a clearance of at least eight (8) feet is main-
tained between the sidewalk and the bottom of the sign.
(d) Any sign that is determined by the City Engi-
neer to be a hazard to public safety due to its design,
materials, physical condition, or placement.
(e) Signs painted, attached to, or otherwise sup-
ported by rock formations, utility poles, trees or other
plant materials.
(f) 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.
(g) Portable signs within the public right-of-way
except sandwich board signs per BMC 20.52.160 and
20.52.170.
(h) Off-premises signs including billboards.
(i) Product signs, other than those at a franchise
business identifying the franchise product. (Ord. 4950
§ 8 (Exh. A) (part), 2005)
20.52.060 SIGN MEASUREMENTS.
(a) The area of sign faces shall be measured as the
area bounded by any six (6) straight lines intersecting at
right angles, and shall include any surrounding frames
or cabinet edges.
(b) Sign area does not include supports, founda-
tions or structures that are not part of the sign.
(c) Only one (1) side of a double-faced sign is
counted in the sign’s total area.
(d) Multiple copy signs or shopping center signs
consisting of several individual signs on the same sup-
port structures are calculated as the total of all individual
sign components.
(e) A round or cylindrical sign is calculated as the
maximum area that can be seen at one (1) time from one
(1) position, or fifty (50) percent of the total area, which-
ever is greater.
(f) The height of a sign is measured from grade, as
defined, to the highest point of the sign or its structure,
whichever is higher.
(g) Sign clearances are measured from grade
directly below the sign to the bottom of the sign or sign
frame.
(h) Street corner signs (at an intersection) shall be
assigned to one (1) of the frontages by the applicant and
shall conform to the requirements of that frontage only.
(i) Portable signs shall be calculated as part of the
total freestanding sign area available to the site. (Ord.
4950 § 8 (Exh. A) (part), 2005)
20.52.070 SIGN PLACEMENT
REQUIREMENTS.
(a) 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, except for
the following:
(1) Public authority and other traffic-related
signs;
(2) Temporary banner signs advertising a
public event, which meet City approval;
(3) Approved signs overhanging public walk-
ways; and
(4) Approved sandwich board signs per BMC
20.50.160 and 20.50.170.
(b) A vision clearance setback shall be maintained
of at least fifteen (15) feet from the edge of all private
and public roadways, alleys and driveway intersections.
(c) A vision clearance setback shall be maintained
of at least ten (10) feet from the edge of existing or
planned roadways. Signs may be allowed within the
clear-vision setback if:
(1) A pole sign is allowed by the zone;
(2) The top of the sign is three (3) feet or less
above the grade;
(3) The bottom of the sign is eight (8) feet or
greater above the grade; or
20.52-3 (Revised 12/05)
Bremerton Municipal Code 20.52.100
(4) The posts and support structure have a
diameter no greater than twelve (12) inches within this
area.
(d) A pedestrian clearance is required for any pro-
jecting sign (8) feet above grade or sidewalk as mea-
sured to the bottom of the sign.
(e) A projecting sign may extend over a public
right-of-way or public pedestrian walkway up to six (6)
feet past the property line, but in no case shall the sign
extend over a street or other area used by motor vehi-
cles.
(f) The setbacks for freestanding signs may be
reduced to zero (0), provided the sign complies with the
vision clearance requirements.
(g) Freestanding signs shall not extend beyond
property lines. (Ord. 4950 § 8 (Exh. A) (part), 2005)
20.52.080 TEMPORARY SIGNS.
All temporary signs are subject to the placement,
size, and height requirements of this chapter, and the
requirements set forth in the underlying zone. Addition-
ally, the following requirements shall apply:
(a) The sign area of individual temporary signs
shall not exceed thirty-two (32) square feet; except a
banner may be permitted with a sign area of up to one
hundred (100) square feet.
(b) The maximum height of a temporary sign is six
(6) feet, except a banner may be allowed a maximum
height of twenty (20) feet.
(c) Signs may be displayed for a period not to
exceed sixty (60) days. Any time a temporary sign is
removed by a business, it shall not be replaced by the
same or other temporary sign for a period of not less
than ninety (90) consecutive days.
(d) Temporary signs meeting the following stan-
dards are exempt from the requirements of BMC
20.52.030 and BMC 20.52.090 through 20.52.140:
(1) The sign is displayed for a period of seven
(7) days or less;
(2) The area of the sign is twenty-four (24)
square feet or less; and
(3) The height of the sign is six (6) feet or less.
(e) Temporary signs shall not be permanently
attached to the ground, a building, or to any other struc-
ture, other than what is necessary to secure it to prevent
theft, wind damage or safety problems.
(f) Advertising wind signs or devices that flutter,
wave, sparkle, or otherwise move from the pressure of
the wind are permitted for specific promotions or events
but shall not be permanently displayed. (Ord. 4950 § 8
(Exh. A) (part), 2005)
20.52.085 POLITICAL SIGNS.
Political signs identify candidates or issues in
upcoming elections and/or they may express noncom-
mercial speech such as religious, political, social, or
other philosophical messages. The content of such signs
are not regulated, but are subject to the following
requirements:
(a) The sign area of political signs shall not exceed
thirty-two (32) square feet.
(b) The maximum height of a political sign shall
be six (6) feet.
(c) Political signs advertising a candidate or issue
in an upcoming election shall be removed within four-
teen (14) days after the general election.
(d) Political signs that do not comply with the
requirements of this section shall be subject to the per-
mit requirements, sign area, setback and other provi-
sions of this chapter. (Ord. 4950 § 8 (Exh. A) (part),
2005)
20.52.090 GENERAL SIGN REGULATIONS.
The following regulations apply to signs in all zone
districts:
(a) Vision Clearance. Signs shall conform to the
clearance requirements of BMC 20.52.060.
(b) Extension above Rooftop. No sign that is
attached to a building shall extend above the highest
point of the roof.
(c) 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.
(d) Canopies and Awnings. Signs placed on pro-
jecting 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.
(e) Landscaping. All freestanding signs shall have
a landscaped island at the base of the sign equal to, or
greater than, the sign area. (Ord. 4950 § 8 (Exh. A)
(part), 2005)
20.52.100 COMMERCIAL DISTRICTS SIGN
REGULATIONS.
The following standards shall apply to signs placed
on property zoned commercial:
(a) Freestanding Signs.
(1) Sign Area. Freestanding signs may have
an aggregated area that shall not exceed one (1) square
foot of area per each lineal foot of street frontage subject
to the following:
(i) Narrow Parcel. Any parcel having
less than fifty (50) lineal feet of street frontage may have
one (1) freestanding sign not to exceed fifty (50) square
feet.
(ii) Wide Parcel. Any parcel having more
than fifty (50) lineal feet of street frontage may have
multiple freestanding signs, provided no single free-
standing sign exceeds an area of one hundred (100)
square feet.
(Revised 12/05)20.52-4
20.52.110
(2) Spacing. Freestanding signs located on the
same parcel or site shall have a separation of at least fifty
(50) feet. Additionally, a twenty-five (25) foot setback
is required from adjacent property lines, except this may
be modified by the Director where such factors as the
width of the lot or the driveway access makes compli-
ance impossible.
(3) Maximum Height and Design. Freestand-
ing signs shall comply with the height and design
requirements set forth in Figure 20.52(a).
(b) Building Signs.
(1) Commercial Uses. The building sign stan-
dards shall be in accordance with the following:
(i) Sign Area. Signs attached to a build-
ing may have an aggregated area that shall not exceed
two (2) square feet for each one (1) lineal foot of build-
ing facade width.
(ii) Maximum Sign Size. A building sign
attached individually shall not exceed one hundred
(100) square feet in area, except it may exceed the max-
imum if the total sign area is less than ten (10) percent
of the total building facade area.
(2) Industrial Uses. The building sign stan-
dards for industrial uses and other uses not engaged in
the sale of goods or services to the public shall be in
accordance with the following:
(i) Sign Area. The maximum aggregated
area for all building signs attached to a single building
shall be one hundred (100) square feet.
(3) Number of Signs. There is no limit to the
number of individual building signs, provided the max-
imum aggregated sign area is not exceeded.
(4) Illumination. Signs may be illuminated
directly, indirectly, or internally, provided the lighting is
directed away from other land uses, and away from on-
coming traffic.
(c) Shopping Center or Professional Complex. A
shopping center, professional office complex, or similar
large multiple-occupancy development may have an
identification sign to a maximum size of three hundred
(300) square feet placed along one (1) 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 freestanding signs larger than
fifty (50) square feet are placed on the subject property.
(Ord. 4950 § 8 (Exh. A) (part), 2005)
20.52.110 AUTO DEALERSHIP SIGN
REGULATIONS.
This section applies within the freeway commercial
zone designation.
(a) No provisions under this section shall be inter-
preted to preclude other provisions of this chapter that
are applicable to a given property or proposal.
(b) In addition to the other standards prescribed in
this chapter, a dealership group may erect one (1) auto-
mobile dealership district sign subject to the following
requirements:
(1) A dealership group is two (2) or more
franchises under common ownership;
(2) The automobile dealership district sign
shall be limited to identifying the dealership group and
the brands of vehicles sold in the group;
(3) The total area of the sign shall not exceed
fifty (50) square feet for each dealer franchise in the
group (example: a dealership group with two (2) dealer
franchises would be allowed an automobile dealership
district sign of up to one hundred (100) square feet);
(4) The maximum total sign area in no case
shall exceed one hundred fifty (150) square feet if the
sign is a pole sign, or two hundred (200) square feet if it
is a monument sign;
(5) The square footage of the sign shall be
deducted from the total aggregated signage allotted to
the parcel on which the sign is placed;
(6) The sign can only front on a City arterial
street;
(7) A master signage plan is required to be
submitted prior to issuance of the sign permit showing
the location and area of all signage of all the dealerships
within the dealership group. (Ord. 4950 § 8 (Exh. A)
(part), 2005)
20.52.120 RESIDENTIAL DISTRICT SIGN
REGULATIONS.
The following regulations apply to properties in
residential zones:
(a) Freestanding Signs.
(1) Entrance Signs. One (1) freestanding sign
may be permitted at each street entrance to a neighbor-
hood, subdivision, manufactured park, apartment/con-
dominium complex, or other homogeneous residential
area, provided:
(i) The sign specifically identifies the
development only;
(ii) The sign area is fifty (50) square feet
or less.
(2) Multiple-Family Developments. A resi-
dential development having four (4) or more dwelling
units may have one (1) permanent freestanding sign per
street frontage, provided the total sign area does not
exceed four (4) square feet.
(3) Individual Properties. Each residential
property may have one (1) freestanding permanent sign
that shall not exceed two (2) square feet in sign area.
20.52-5 (Revised 12/05)
Bremerton Municipal Code 20.52.160
(4) Height. Freestanding signs shall have a
maximum height of six (6) feet as measured from grade
directly below the sign to the highest point on the sign
or its support structure.
(b) Building Signs.
(1) The freestanding sign limitations pre-
scribed in subsections (a)(1) through (3) of this section
may be applied to building signs in lieu of freestanding
signs.
(c) Resident name plaques and address numbers
shall not be included in total sign area calculations, but
shall be limited to a size and character of other such
signs in the immediate neighborhood.
(d) Advertising wind signs or devices that flutter,
wave, revolve, or sparkle, or are otherwise moved by the
wind are prohibited. (Ord. 4950 § 8 (Exh. A) (part),
2005)
20.52.130 SPECIAL PURPOSE SIGN
REGULATIONS.
Special purpose signs shall comply with the
requirements for the commercial zone as prescribed in
BMC 20.52.100. In addition, the following shall apply:
(a) Freestanding Signs.
(1) Sign Area. The maximum area of a free-
standing sign shall be limited to fifty (50) square feet.
(2) Number of Signs. Only one (1) freestand-
ing sign allowed per each street frontage.
(3) Height. The height of a freestanding sign
shall not exceed six (6) feet.
(b) Building Signs.
(1) Sign Area. The aggregate area of all build-
ing signs, projecting signs, and other signs attached to
buildings shall not exceed one hundred (100) square
feet.
(2) Number of Signs. There is no limit to the
number of individual building signs, provided the max-
imum aggregated sign area is maintained.
(c) Illumination. When located within the low
density residential (R-10) zone, the sign shall not be illu-
minated between the hours of 10:00 p.m. and 7:00 a.m.
(Ord. 4950 § 8 (Exh. A) (part), 2005)
20.52.140 DOWNTOWN AND CENTERS
SIGN REGULATIONS.
The following standards shall apply to signs in the
downtown core (DC), downtown waterfront (DW),
business core (BC), and in the center zones: neighbor-
hood center core (NCC), district center core (DCC), and
employment center (EC):
(a) Freestanding Signs.
(1) Sign Area. The requirements prescribed in
BMC 20.52.100(a)(1) shall apply, except wide parcels
shall be limited to only one (1) freestanding sign not to
exceed one hundred (100) square feet.
(2) Spacing. Freestanding signs shall be no
closer than twenty-five (25) feet from adjacent proper-
ties, except this may be modified by the Director where
such factors as the width of the lot or the driveway
access makes compliance impossible.
(3) Maximum Height and Design. Freestand-
ing signs shall comply with the height and design
requirements set forth in Figure 20.52(a).
(b) Building Signs. The requirements prescribed
in BMC 20.52.100(b) shall apply.
(c) Moving, flashing, or animated signs are pro-
hibited in downtown and centers zones. (Ord. 4950 § 8
(Exh. A) (part), 2005)
20.52.150 VARIATIONS TO SIGN
REGULATIONS.
(a) The Director shall have the authority to grant
administrative approval for minor adjustments to sign
heights, numbers of signs, sign placement, and sign size,
provided:
(1) The adjustments do not exceed ten (10)
percent of the basic requirement; and
(2) 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.
(b) A request for adjustments beyond ten (10) per-
cent shall be processed as a variance pursuant to BMC
20.58.030. (Ord. 4950 § 8 (Exh. A) (part), 2005)
20.52.160 DOWNTOWN ZONE SANDWICH
BOARD SIGNS.
Sandwich board signs located with the downtown
and centers zones may be placed on sidewalks or por-
tions of the pedestrian public right-of-way subject to the
following conditions:
(a) A minimum four (4) feet of unobstructed side-
walk or pedestrian path must be maintained. A sandwich
board sign shall not be allowed on sidewalks with less
than four (4) feet in width.
(b) 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.
(c) One (1) sandwich board is allowed for any
licensed business. The sign must be displayed immedi-
ately adjacent to the main entrance of the business
employing the sign.
(d) Sandwich board signs shall not exceed thirty-
two (32) inches in width or thirty-six (36) inches in
height as displayed.
(e) Sandwich board signs shall be professionally
lettered, neatly painted or assembled, and remain in
good repair.
(Revised 12/05)20.52-6
20.52.170
(f) Sandwich board signs shall be constructed to
avoid being blown from their intended location and to
avoid tipping or falling.
(g) Sandwich board signs shall not be internally lit,
not have moving parts, nor shall any attachment or por-
tion of the sign extend beyond the thirty-two (32) by
thirty-six (36) inch maximum dimensions established in
subsection (d) of this section.
(h) Sandwich board signs shall be displayed dur-
ing daylight hours only and shall be removed by the
business owner immediately after dusk each day.
(i) Any site landscaping required by the City shall
not be altered to accommodate a sandwich board sign.
(j) Sandwich board signs shall not block intersec-
tions or otherwise constitute a public safety hazard.
(k) Placement of sandwich board signs on the pub-
lic 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. (Ord. 4950 § 8 (Exh. A) (part),
2005)
20.52.170 SANDWICH BOARD AND
PORTABLE SIGNS - ALL ZONES.
Sandwich board signs and portable signs not
located within a downtown or center zone are allowed in
other nonresidential zones subject to the following con-
ditions:
(a) Sandwich board and portable signs must com-
ply with the requirements set forth in BMC 20.52.160(b)
through (k).
(b) Sandwich board signs may be located within a
public right-of-way, provided the sign is no more than
twelve (12) inches from the face of the structure.
(c) Sandwich board signs not located within the
public right-of-way shall be no more than twelve (12)
inches from the face of the structure.
(d) Portable signs shall not be located within a
public right-of-way and shall be located within five (5)
feet of the principal commercial structure that the sign is
associated with. (Ord. 4950 § 8 (Exh. A) (part), 2005)
20.52.180 NONCONFORMING SIGNS.
(a) Applicability. This section applies to the main-
tenance, repair, amortization, as appropriate, and
removal of nonconforming signs.
(b) Definitions.
(1) "Effective date of this section" means the
effective date of the ordinance adopting this section:
July 25, 2003.
(2) "Nonconforming sign" means any sign as
defined in Chapter 20.42 BMC.
(3) "Section" means BMC 20.52.180 unless
otherwise defined.
(c) Eligibility. Any nonconforming sign located
within the City limits on the effective date of this sec-
tion, or located in areas annexed to the City thereafter
that does not conform to the provisions of this section,
is eligible for characterization as a legal nonconforming
sign, provided it meets the following requirements:
(1) A permit for the sign was obtained prior to
the effective date of this section, if one was required
under applicable law; or
(2) If no sign permit was required under appli-
cable law for the sign, the sign was in all respects in
compliance with applicable law on the effective date of
this section.
(d) Allowed. All legal nonconforming signs are
allowed subject to all permit requirements, the provi-
sions covering loss of legal nonconforming status and
other limitations set forth in this section.
(e) Exclusions. No temporary signs, portable
signs, special signs, or incidental signs shall be eligible
for characterization as legal nonconforming signs.
(f) Legal Nonconforming Sign Permit.
(1) 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 at no fee and shall expire at the end of the
applicable amortization period prescribed in subsection
(g) of this section.
(2) Necessary Information. Applications for a
legal nonconforming sign permit shall contain the name
and address of the sign user, the sign owner, or the
owner of the property upon which the sign is located,
and such other pertinent information as the Director may
require ensuring compliance with the code, including
proof of the date of installation of the sign.
(3) Failure to Comply. A legal nonconform-
ing 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
20.40.200.
(g) Amortization.
(1) 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 the continued use of the
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,
20.52-7 (Revised 12/05)
Bremerton Municipal Code 20.52.190
that whether a sign is amortized for tax purposes shall
not affect the application of this section.
(2) 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 effec-
tive 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, this chapter, or by subsequent action or
activity such as government acquisition of property for
right-of-way pursuant to BMC 20.52.190 shall be dis-
continued, removed, or made conforming within the
applicable amortization 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 through the issuance of a
sign permit. A sign prohibited pursuant to BMC
20.52.050 may not be brought into conformance and
must therefore be immediately removed upon the expi-
ration of the amortization period. Amortization is the
sole method of compensation for removal of signs pur-
suant to this section.
(3) Permitting, Removal and Amortization
Exemption. The permitting, removal and amortization
provision of subsections (f) and (g) 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.
(4) Loss of Legal Nonconforming Sign Sta-
tus. 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 occur:
(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 associ-
ated.
(ii) Other Alterations. The applicant is
making any change, alteration or performing work other
than normal maintenance or other than tenant improve-
ments, in any twelve (12) month period to any structure
that houses or supports the use with which the noncon-
forming sign is associated and the fair market value of
those changes, alterations or other work exceeds
twenty-five (25) percent 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 hun-
dred 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 nor-
mal maintenance. Prohibited sign alterations include
enlarging the sign face, relocating the sign or replacing
the sign. However, replacing any individual tenant’s
identification sign in either an identification sign which
separately identifies the tenants or in a tenant directory
sign shall not result in the loss of such sign’s legal non-
conforming 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 indi-
vidual owner’s or tenant’s building-mounted or free-
standing 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. (Ord. 4950 § 8 (Exh. A)
(part), 2005)
20.52.190 GOVERNMENT ACQUISITION OF
PROPERTY FOR RIGHT-OF-WAY.
(a) 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.
(b) The City may allow, by a Type II permit as pre-
scribed in Chapter 20.02 BMC, the placement of a new
sign or relocation of an existing sign within a required
setback if it meets all of the following criteria:
(1) The enforcement of this code would result
in substantial hardship to the applicant because no feasi-
ble 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.
(2) The sign is not prohibited by BMC
20.52.050 and, except for location within a required set-
back, complies with all other requirements of this chap-
ter.
(Revised 12/05)20.52-8
20.52.200
(3) The sign complies with the City’s mini-
mum sight distance at intersection requirements pursu-
ant to BMC 20.52.070.
(4) Location of the sign within a required set-
back is otherwise consistent with the public health,
safety, and welfare. (Ord. 4950 § 8 (Exh. A) (part),
2005)
20.52.200 REMOVAL OF SIGNS.
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 chapter. Fail-
ure to comply shall subject the sign user, owner and/or
owner of the property on which the sign located to the
remedies and penalties of BMC 20.40.200. (Ord. 4950
§ 8 (Exh. A) (part), 2005)
Figure 20.52(a)
1. Maximum size is for individual freestanding signs. Total allowable freestanding sign area is based on linear street frontage per BMC 20.52.100
and 20.52.140. More than one (1) freestanding sign may be allowable.
2. Larger signs for shopping centers or professional office complexes are allowable per BMC 20.52.100(c).
3. Larger signs for auto dealership groups are allowable per BMC 20.52.110.
4. Freestanding sign size for special purpose zones not listed in this table are subject to the requirements of BMC 20.52.130.
(Ord. 4950 § 8 (Exh. A) (part), 2005)
Freestanding Signs: Zone-Specific Size and Design Requirements4
Commercial Zones Freestanding Sign Type Max. Height Max. Size
1, 2
Commercial Corridor (CC) Monument only 8' 60 sq. ft.
Wheaton Way Redev. Corr. (WWRC) Monument only 8' 60 sq. ft.
Neighborhood Business (NB) Monument only 6' 48 sq. ft.
Limited Commercial (LC) Monument only 25' 100 sq. ft.
Freeway Corridor (FC) Any 35' 100 sq. ft.
3
Marine Industrial (MI) Monument only 8' 100 sq. ft.
Industrial Park (IP) Monument only 8' 100 sq. ft.
Industrial (I) Any 25' -
Downtown and Centers Zones Freestanding Sign Type Max. Height Max. Size
Neighborhood Center Core (NCC) Monument only 8' 60 sq. ft.
District Center Core (DCC) Monument only 8' 60 sq. ft.
Downtown Core (DC) Monument only 8' 60 sq. ft.
Downtown Waterfront (DW) Monument only 8' 60 sq. ft.
Business Core (BC) Monument only 8' 60 sq. ft.
Employment Center (EC) Monument only 8' 60 sq. ft.
20.54-1 (Revised 12/05)
Bremerton Municipal Code 20.54.040
Chapter 20.54
NONCONFORMING PROVISIONS
Sections:
20.54.010 INTENT.
20.54.020 ESTABLISHMENT OF A
LEGAL NONCONFORMITY
AND APPLICABILITY.
20.54.030 ANNEXATION.
20.54.040 DEFINITIONS.
20.54.050 NONCONFORMING LOTS.
20.54.060 NONCONFORMING USES.
20.54.070 NONCONFORMING
STRUCTURES.
20.54.080 NONCONFORMING
LANDSCAPING.
20.54.090 CONDITIONAL
NONCONFORMING USES.
20.54.100 NONCONFORMING SIGNS.
20.54.110 UNLAWFUL USES AND
STRUCTURES.
20.54.010 INTENT.
(a) Within the zones established by BMC Title 20
and amendments thereto, there exist lots, structures,
uses of land and structures which were lawful at the time
of their establishment but are prohibited, regulated, or
restricted under the existing zone requirements. These
nonconformities are declared incompatible with the
zone because they do not conform to the requirements of
the zone in which they are located.
(b) To avoid undue hardship, nothing in this chap-
ter shall be deemed to require a change in the plans, con-
struction or designated use of any building or site legally
established. The intent of this chapter is to set forth the
conditions under which these nonconformities may con-
tinue to exist until such time they are discontinued as
prescribed by law. (Ord. 4950 § 8 (Exh. A) (part), 2005)
20.54.020 ESTABLISHMENT OF A LEGAL
NONCONFORMITY AND
APPLICABILITY.
(a) A party asserting the existence of a lawfully
established nonconforming lot, use or structure has the
burden of proof that the lot, use or structure was not sub-
standard in meeting the requirements of the zone which
were in effect at its creation.
(b) The rules of this chapter are applied by first
reviewing which provisions are applicable to the non-
conformity. (Does the nonconformity involve a lot, use,
structure or a combination?) When a combination of
nonconforming lot, structure or use exists, each segment
of the nonconformity is reviewed independent of the
others. Example: a legally established single-family
dwelling not allowed in the zone and not meeting set-
back requirements would be allowed to rebuild from
substantial destruction (BMC 20.54.060(e)(2)), but the
new structure would have to comply with the current
setback requirements (BMC 20.54.070(c)). (Ord. 4950
§ 8 (Exh. A) (part), 2005)
20.54.030 ANNEXATION.
Lots, structures, uses of land and structures that
were legally in existence prior to annexation to the City,
but that do not conform to the requirements of the zone
in which they are located following the date of annex-
ation, shall become a legal nonconformity subject to the
requirements of this chapter. (Ord. 4950 § 8 (Exh. A)
(part), 2005)
20.54.040 DEFINITIONS.
The following definitions are applicable to this
chapter:
(a) Nonconforming Lots. A lot that does not meet
the lot area, width or street frontage requirements of the
zone in which it is located, but was lawfully created
prior to the effective date of the zone or subsequent
amendments thereto.
(b) Nonconforming Use. Any activity, develop-
ment or condition that by the zone in which it is located
is not permitted outright or as an accessory use, or is not
permitted by a conditional use permit or other special
permitting process; but was lawfully created prior to the
effective date of the zone or subsequent amendments
thereto and was continually maintained as defined in
this chapter. A nonconforming use may or may not
involve buildings or structures and may involve part of
or all of a building or property.
(c) Nonconforming Structure. A building or struc-
ture that does not comply with the required setbacks,
height, lot coverage and other development require-
ments of the zone in which it is located, but was lawfully
constructed prior to the effective date of the zone or sub-
sequent amendments thereto and was continually main-
tained as defined in this chapter. This term does not
apply to any substandard condition that was legally
granted a variance.
(d) Substantial Destruction. For the purpose of this
chapter, "substantial destruction" means the repair or
replacement of a building or structure which exceeds
seventy-five (75) percent of the replacement cost of the
entire building, excluding the foundations. The replace-
ment cost shall be derived from the market value of the
structure or the value as defined by the City’s building
code, whichever is greater. (Ord. 4950 § 8 (Exh. A)
(part), 2005)
(Revised 12/05)20.54-2
20.54.050
20.54.050 NONCONFORMING LOTS.
The following provisions shall apply to all lots
meeting the definition in BMC 20.54.040(a):
(a) Continuation and Development. A noncon-
forming lot may be developed for any use allowed by
the zone, provided the development meets, through
design or by an approved variance, the requirements of
the zone in which it is located.
(b) Illegal Lot Modifications or Split. The follow-
ing is applicable to all lots:
(1) No lot may be modified, divided or
adjusted in a manner that would violate the dimensional
or area requirements of the zone in which it is located.
(2) A government agency may lawfully mod-
ify a lot in a manner that would result in nonconformity,
if portions of a lot are acquired for a public use or pur-
pose, or is allowed otherwise by law. (Ord. 4950 § 8
(Exh. A) (part), 2005)
20.54.060 NONCONFORMING USES.
The following provisions shall apply to all uses
meeting the definition in BMC 20.54.040(b):
(a) Continuation. Any legally established noncon-
forming use may be continued until such time that it is
discontinued as prescribed in subsection (d) or (e) of this
section.
(b) Change of Use. A structure or property con-
taining a nonconforming use may be changed to the fol-
lowing:
(1) A use that conforms to the requirements of
the zone; or
(2) Another nonconforming use; provided,
that:
(i) A conditional use permit is approved
pursuant to BMC 20.58.020;
(ii) The existing nonconforming use was
not discontinued as prescribed in subsection (d) or (e) of
this section;
(iii) The new use is clearly a reduction in
the nonconformity and intensity of the existing noncon-
forming use; and
(iv) The applicant demonstrates that there
is a demand for the use in the neighborhood that pro-
vides a public benefit.
(c) Expansion. A nonconforming use may not be
expanded or enlarged, except under one (1) of following
circumstances:
(1) Alterations are permitted, provided it is
within the existing physical space of the building or use.
(2) Residential dwellings may have the build-
ing area expanded if the number of dwelling units is not
increased above or below the requirements of the zone
in which it is located, there is no decrease in the number
of off-street parking spaces below the minimum require-
ments and the addition complies with all zoning require-
ments.
(3) The acquisition of additional accessory
off-street parking is not an expansion of a nonconform-
ing use.
(d) Discontinuation. A nonconforming use that is
discontinued shall have its legal nonconforming status
terminated and any subsequent use of the property or
building shall be that of a use that conforms to the
requirements of the zone. A nonconforming use is deter-
mined to be discontinued if any of the following circum-
stances apply:
(1) The nonconforming use is changed to a
conforming use;
(2) Another nonconforming use is approved
pursuant to subsection (b)(2) of this section; or
(3) The nonconforming use has ceased for a
period of more than one (1) year.
(e) Damage or Destruction. If a structure contain-
ing a nonconforming use experiences substantial
destruction, it shall constitute a discontinuation of the
nonconforming use, except the nonconforming use may
be allowed to continue under any of the following cir-
cumstances:
(1) The structure has suffered substantial
destruction as a result of fire or other casualty not inten-
tionally caused by the owner or tenant and a complete
building permit application is filed within one (1) year
of such fire or other casualty.
(2) The use is a detached or attached single-
family dwelling located anywhere in the City.
(3) A conditional use permit was approved
pursuant to BMC 20.54.090.
(f) Repair and Maintenance. A building or struc-
ture containing a nonconforming use may be repaired
and maintained if the work does not restore it from sub-
stantial destruction. (Ord. 4950 § 8 (Exh. A) (part),
2005)
20.54.070 NONCONFORMING
STRUCTURES.
The following provisions shall apply to all struc-
tures and buildings meeting the definition in BMC
20.54.040(c):
(a) Continuation. Any legally established noncon-
forming structure may be continued until such time that
it is discontinued as prescribed in subsection (c) of this
section.
(b) Expansion. A nonconforming structure may be
enlarged, extended or structurally altered, provided the
enlargement or alteration complies with the setback,
height, lot coverage, and other site development require-
ments of the zone in which the structure is located.
(c) Damage or Destruction. A nonconforming
structure experiencing substantial destruction shall be
20.54-3 (Revised 12/05)
Bremerton Municipal Code 20.54.110
considered discontinued and have its nonconforming
status terminated. Any subsequent repair or reconstruc-
tion of the structure shall comply with the requirements
of the zone.
(d) Partial Damage or Destruction. A nonconform-
ing structure suffering from less than substantial
destruction may have its nonconforming status sus-
pended for a time period determined by the Director and
be considered conforming for the purpose of improve-
ments and repair, if:
(1) The structure is damaged by fire or other
casualty not intentionally caused by the owner or tenant
and a complete building permit application is filed
within one (1) year of such fire or other casualty; or
(2) A building permit application is submitted
prior to partial destruction. The building permit must
remain active and if it is allowed to expire, the legal non-
conforming status shall terminate and subsequent
repairs and improvements shall comply with the
requirements of the zone.
(3) In no case shall the nonconformity be
allowed to expand.
(e) Repair and Maintenance. Normal repair and
maintenance work on a nonconforming structure may be
performed that maintains continued safe and sanitary
conditions. (Ord. 4950 § 8 (Exh. A) (part), 2005)
20.54.080 NONCONFORMING
LANDSCAPING.
Uses which were lawfully established which do not
conform to landscaping requirements need not provide
additional landscaping, except:
(a) Expansion of a Structure. If an existing struc-
ture or use is expanded, additional landscaping shall be
provided in accordance with the requirements of Chap-
ter 20.50 BMC. The amount of additional landscaping
shall be computed only to the extent of the expansion
regardless of whether existing landscaping complies
with the requirements.
(b) Change of Use. A change to a use that requires
greater amounts of landscaping than the former use shall
provide landscaping in accordance with the require-
ments of Chapter 20.50 BMC. The Director may modify
the amount of landscaping required if providing the
required landscaping would result in a reduction of the
parking below the minimum required by Chapter 20.48
BMC.
(c) Parking Lot. When an existing unpaved park-
ing area is paved, it shall be landscaped in accordance
with the requirements of Chapter 20.50 BMC. The
Director may modify the amount of landscaping
required if the landscaping would result in a reduction of
the parking below the minimum required by Chapter
20.48 BMC. (Ord. 4950 § 8 (Exh. A) (part), 2005)
20.54.090 CONDITIONAL
NONCONFORMING USES.
(a) Unsuitable Structures for Uses. An existing
structure constructed for a use no longer allowed by the
zone, which has lost its legal nonconforming status, and
is not suited for other uses permitted by the zone, may
have its use re-established if a conditional use permit is
approved pursuant to BMC 20.58.020; provided, that:
(1) The applicant demonstrates that the
remaining life of the structure is adequate to warrant the
proposed use of the structure;
(2) The applicant demonstrates that an
allowed use of the zone cannot be established;
(3) The applicant demonstrates that there is a
demand for the use in the community or region that pro-
vides a public benefit; and
(4) The applicant demonstrates that the use
and renovation to the structure is not inconsistent with
the goals and policies of the Comprehensive Plan. (Ord.
4950 § 8 (Exh. A) (part), 2005)
20.54.100 NONCONFORMING SIGNS.
Refer to Chapter 20.52 BMC for regulations per-
taining to nonconforming signs. (Ord. 4950 § 8 (Exh. A)
(part), 2005)
20.54.110 UNLAWFUL USES AND
STRUCTURES.
(a) Nothing in this chapter shall be interpreted to
be authorization for, or approval of, the continuation of
the use of a structure that is in violation of any ordinance
in effect at the time of the passage of the ordinance cod-
ified in this chapter. The intermittent, temporary, or ille-
gal use of land or structures shall not be sufficient to
establish the existence of a nonconforming use and/or
structure.
(b) Any use, structure or lot which did not comply
with the zoning code requirements at the time it was
established or constructed and does not comply with the
current zoning code is illegal and shall be brought into
compliance with the provisions of BMC Title 20, Divi-
sion III. (Ord. 4950 § 8 (Exh. A) (part), 2005)
20.58-1 (Revised 12/05)
Bremerton Municipal Code 20.58.030
Chapter 20.58
LAND USE PERMITS
Sections:
20.58.010 GENERAL.
20.58.020 CONDITIONAL USE PERMITS.
20.58.030 VARIANCE.
20.58.040 SITE-SPECIFIC REZONE.
20.58.050 AREA-WIDE REZONES.
20.58.060 RESIDENTIAL CLUSTER
DEVELOPMENT.
20.58.080 SITE PLAN REVIEW.
20.58.090 SITE DEVELOPMENT
PERMIT.
20.58.010 GENERAL.
(a) Applicability. This chapter contains the provi-
sions and approval criteria for land use permits applica-
ble to BMC Title 20. The provisions of this chapter are
applied in conjunction with Chapter 20.02 BMC,
Project Permits, in establishing the appropriate review
procedures and criteria by which land use permits are
reviewed and a decision rendered.
(b) Fees. The corresponding application fees pre-
scribed in the fee schedules set forth in Chapter 3.01
BMC shall accompany applications. (Ord. 4950 § 8
(Exh. A) (part), 2005)
20.58.020 CONDITIONAL USE PERMITS.
(a) Authority. Uses listed as a conditional use may
be permitted if a conditional use permit (CUP) is
approved.
(b) Applicant. The City, federal, state or local
agencies, property owner(s), or their designated agents
may initiate a request for a CUP.
(c) Procedure. A CUP application may be pro-
cessed as an administrative Type II Director decision or
as a nonadministrative Type III Hearing Examiner deci-
sion pursuant to the provisions set forth in Chapter 20.02
BMC.
(1) The Director may require a nonadminis-
trative CUP whenever the use has a significant impact
beyond the immediate site, is of a neighborhood or com-
munity-wide interest, or is of a controversial nature.
(2) The Director may convert a Type II
administrative CUP to a Type III nonadministrative
CUP any time prior to the issuance of a decision on the
application.
(3) In addition to the notification require-
ments prescribed in BMC 20.02.100, the notice of appli-
cation shall be mailed to all property owners within
three hundred (300) feet of the property.
(d) Criteria for Approval. The City shall approve a
CUP only if it is found that:
(1) The use is consistent with the Comprehen-
sive Plan goals and policies;
(2) The use complies with all applicable zon-
ing and development standards and requirements;
(3) The use satisfies all of the conditional use
approval criteria specified in the zone in which the use
is located;
(4) The design of the proposal and conditions
of approval has mitigated all identifiable adverse
impacts;
(5) The use is compatible with nearby land
uses and the surrounding neighborhood in terms of the
level of light and glare, noise and parking demand,
hours of operation and air quality; and
(6) Stipulations are made for the availability
of adequate water, sewer, storm water, utilities and
urban governmental services.
(e) Conditions of Approval. Conditions such as
site orientation, fencing, buffering, parking location,
lighting, access, hours of operation, and others may be
imposed as a condition of approval if it is found they are
necessary to mitigate identifiable adverse impacts and
ensure compatibility with nearby uses.
(f) Lapse of Approval. If the CUP is not acted on
within one (1) year from the date the decision became
final, it shall expire. Expiration is automatic and notice
is not required. The Director may grant a single six (6)
month extension if the applicant makes such a request in
writing prior to the expiration date and can show good
cause for granting the extension. (Ord. 4950 § 8 (Exh.
A) (part), 2005)
20.58.030 VARIANCE.
(a) Authority. The variance is a mechanism that
allows the provisions of BMC Title 20 to be varied on a
case-by-case basis. Approval of a variance may only be
granted when it is for relief from a dimensional standard
when the requirement of such would result in an unusual
or unreasonable hardship due to physical characteristics
of the site, or due to existing improvements on or adja-
cent to the site.
(b) Applicant. The City, federal, state or local
agencies, property owner(s), or their designated agents
may initiate a request for a variance.
(c) Procedures. A variance application is pro-
cessed as a Type III Hearing Examiner decision pursu-
ant to the provisions set forth in Chapter 20.02 BMC. If
the variation would not exceed ten (10) percent of the
required dimensional standard from which relief is
being sought, the Director may approve the variance as
a Type II Director decision.
(d) Criteria for Approval. The City may grant a
variance only if it is found that:
(Revised 12/05)20.58-2
20.58.040
(1) The variance will not be materially detri-
mental to the surrounding neighborhood and avoids
adverse impacts on other properties and residences;
(2) The variance is necessary to overcome
exceptional or extraordinary hardship circumstances
related to the size, shape, topography, location, or sur-
roundings of the subject property, or the location of a
preexisting legal nonconformity that may exist on or
adjacent to the site;
(3) The variance will not grant relief for a
self-created hardship, or for a personal or financial hard-
ship or inconvenience;
(4) The variance will only grant the subject
property the same general rights enjoyed by other prop-
erties in the same area and zoned as the subject property;
(5) The variance is the minimum necessary to
allow the subject property the same general rights
enjoyed by other property in the same area and zone;
and
(6) Other solutions, uses, or design options
that might achieve a similar result without the need for
a variance have been evaluated and rejected.
(e) Prohibited. Under no circumstances shall a
variance be granted for any of the following:
(1) To alter any definition or interpretation of
this title;
(2) To alter any provision establishing a use
within a zoning district;
(3) To alter any procedural provisions; or
(4) To alter residential density standards.
(f) Conditions of Approval. Conditions may be
imposed as a condition of approval if it is found they are
necessary to mitigate identifiable adverse impacts and
ensure compatibility with nearby uses.
(g) Lapse of Approval. If the variance is not acted
on within one (1) year from the date the decision became
final, it shall expire. Expiration is automatic and notice
is not required. The Director may grant a single six (6)
month extension if the applicant makes such a request in
writing prior to the expiration of the variance and can
show good cause for granting the extension. (Ord. 4950
§ 8 (Exh. A) (part), 2005)
20.58.040 SITE-SPECIFIC REZONE.
(a) Authority. A site-specific rezone is a change to
the zoning classification of a specific property or prop-
erties. The new zone must be consistent with the Com-
prehensive Plan and results in a change to the City’s
official zoning map.
(b) Procedures. A site-specific rezone application
is processed as a Type IV City Council decision pursu-
ant to the provisions set forth in Chapter 20.02 BMC.
The City Council shall act on the proposal after the
Administrative Hearing Examiner holds an open-record
public hearing and makes a recommendation to the City
Council.
(c) Applicant. The City, federal, state or local
agencies, property owner(s), or their designated agents
may initiate a request for a site-specific rezone.
(d) Criteria for Approval. The City may grant a
site-specific rezone only if it is found that:
(1) The rezone is consistent with the Compre-
hensive Plan;
(2) The rezone will advance the public health,
safety, or welfare, and will not have adverse impacts on
adjacent properties;
(3) The rezone is necessary because either:
(i) Conditions in the immediate vicinity
or neighborhood have so markedly changed that it is in
the public interest to approve the rezone; or
(ii) The rezone will correct a zone classi-
fication or zone boundary that was inappropriate when
established; and
(4) The rezone is in the public interest.
(e) Comprehensive Plan Consistency. If a Com-
prehensive Plan amendment is required in order to sat-
isfy subsection (d)(1) of this section, approval of the
Comprehensive Plan amendment is required prior to or
concurrently with the granting of an approval on the
rezone. (Ord. 4950 § 8 (Exh. A) (part), 2005)
20.58.050 AREA-WIDE REZONES.
(a) Authority. An area-wide rezone is a change to
zoning classifications that is not site-specific. New zon-
ing designations must be consistent with the Compre-
hensive Plan and approval changes the City’s official
zoning map.
(b) Applicant. Only the City may initiate an area-
wide rezone.
(c) Procedures. These are legislative actions
exempt from the requirements of Chapter 20.02 BMC.
Specific procedural requirements are prescribed in
Chapter 36.70A RCW. The Planning Commission con-
ducts public hearings for area-wide rezones and makes
a recommendation to the City Council. The City Coun-
cil, following its own public hearing(s), may approve,
approve with modifications, deny or remand the Plan-
ning Commission’s recommendation for additional
study.
(d) Notice. Published notice shall be given prior to
public hearing dates in the official newspaper in accor-
dance with the following schedule:
(1) Ten (10) calendar days for the first Plan-
ning Commission public hearing; and
(2) Five (5) calendar days for the first City
Council public hearing;
(3) Subsequent hearing dates on the same pro-
posal do not require additional publication of notice;
20.58-3 (Revised 12/05)
Bremerton Municipal Code 20.58.060
(4) Consideration shall be given to WAC 365-
195-600 (Public Participation) in determining if addi-
tional notice requirements are necessary.
(e) Approval Criteria. The City Council may
approve an area-wide rezone if it is found that:
(1) It is consistent with the Comprehensive
Plan; and
(2) It does not conflict with other City, state
and federal codes, regulations and ordinances.
(f) Comprehensive Plan Consistency. If a Com-
prehensive Plan amendment is required in order to sat-
isfy subsection (e)(1) of this section, approval of the
Comprehensive Plan amendment is required prior to or
concurrently with the granting of an approval on the
rezone. (Ord. 4950 § 8 (Exh. A) (part), 2005)
20.58.060 RESIDENTIAL CLUSTER
DEVELOPMENT.
(a) Intent and Purpose. The intent of the residential
cluster development (RCD) is to accommodate urban
densities of the underlying zoning district while allow-
ing residential development to utilize less land area. The
purpose of the RCD is to preserve open space, allow for
innovative design and reduce impacts to sensitive envi-
ronmental areas.
(b) Applicability. The RCD may be applied to
attached and detached single-family residential devel-
opments of three (3) or more dwellings.
(c) Applicant. The City, federal, state or local
agencies, property owner(s), or their designated agents
may initiate a request for a RCD.
(d) Procedures. A RCD may be processed either as
an administrative Type II Director decision or as a non-
administrative Type III Hearing Examiner decision pur-
suant to the provisions set forth in Chapter 20.02 BMC.
(1) The Director may require a nonadminis-
trative RCD whenever the use has a significant impact
beyond the immediate site, is of a neighborhood or com-
munity-wide interest, or is of a controversial nature.
(2) The Director may convert a Type II
administrative RCD to a Type III nonadministrative
CUP any time prior to the issuance of a decision on the
application.
(3) In addition to the notification require-
ments prescribed in BMC 20.02.100, the notice of appli-
cation shall be mailed to all property owners within
three hundred (300) feet of the property.
(e) Scope of Approval.
(1) Approval of a RCD constitutes an overlay
to the underlying zone. Through the RCD, modifica-
tions to the setbacks, height, lot area, building coverage
and development coverage may be granted.
(2) Approval of a RCD shall constitute a lim-
itation on the design of the site to only those designs and
standards that are specifically included. Such limitations
shall remain in effect until the residential development
is constructed, or until its approval expires, in which
case the previous zoning standards automatically return.
(f) Development Standards. The following stan-
dards are applicable to a RCD:
(1) Lot Requirements.
(i) Density. The minimum and maxi-
mum density of the underlying zone shall apply. Within
the low density residential (R-10) zone the density shall
be determined pursuant to the provisions in BMC
20.60.065. For the purposes of the RCD, unbuildable
environmentally sensitive areas as defined in BMC
20.14.280 shall be included in the area for calculating
density. A right-of-way assumption shall be deducted
from the total area of the environmentally sensitive area.
The assumed right-of-way deduction is a percentage of
the total environmentally critical area equal to the per-
centage of the developable site devoted to rights-of way.
(ii) Minimum Lot Size. The minimum lot
area is:
(A) Three thousand (3,000) square
feet within the low density residential (R-10) zone.
Reductions to the lot size may be allowed if an environ-
mentally sensitive area is located on the property and the
reduction is the minimum necessary to comply with the
minimum density requirements set forth in subsection
(f)(1)(i) of this section.
(B) Zero (0) within other zones.
(2) Height. The maximum building height of
the underlying zone may be increased, provided the
height of buildings are compatible with the scale of the
surrounding neighborhood, do not adversely affect
existing scenic views, and ensure a reasonable balance
of light and shadow on adjacent properties. Increased
setbacks and location of structures may be used to
ensure compatibility.
(3) Other Standards. Exceptions may be
granted to the underlying zone development standards
such as setbacks, lot area, building coverage, and devel-
opment coverage as prescribed in subsection (e)(1) of
this section.
(4) Perimeter Setbacks. Structures shall com-
ply with the setbacks of the underlying zone along the
outer perimeter lot lines of the site.
(5) Circulation.
(i) All streets within the development
and rights-of-way shall be designed and constructed in
accordance with the City street standards pursuant to
BMC Title 11. Private streets shall be located on road
tracts at least twenty (20) feet wide.
(ii) Provisions shall be made for a func-
tional pedestrian circulation system that assures the safe
movement of pedestrians both on the site and between
nearby properties and activities.
(Revised 12/05)20.58-4
20.58.080
(iii) All streets and parking areas shall
contribute to the overall aesthetic design of the project
while minimizing traffic congestion and the amount of
impervious surface area.
(iv) The provision for adequate parking,
loading, access and circulation facilities within the RCD
shall be those contained in the parking requirements as
set forth in Chapter 20.48 BMC. The Director may mod-
ify these standards to best meet needs and objectives of
the project, provided parking will not spill over into
nearby neighborhoods.
(6) Screening. All utility facilities, loading
areas, trash containers, and outdoor storage areas shall
be screened from surrounding properties. Solid fences,
walls, and blank walls of buildings shall be softened
through the use of trees and/or other landscaping mate-
rials if their impact cannot be minimized through archi-
tectural design or orientation.
(7) Open Space.
(i) Open Space Designation. The
remaining land not developed for a use shall be dedi-
cated as open space. Open space areas shall be located
on a separate tract or tracts and shall be developed for
recreational uses or set aside to preserve environmen-
tally sensitive areas. Open space shall not include land
for streets, driveways, parking or other infrastructure
improvements.
(ii) Development. Facilities and other
improvements that enhance recreational use may be
located in an open space. A single residential detached
dwelling may be allowed within an open space tract if
the open space contains an environmentally sensitive
area and development complies with all other require-
ments.
(iii) Open Space Plan. An open space plan
is required to identify all improvements, environmen-
tally sensitive areas, significant trees pursuant to Chap-
ter 20.50 BMC and other vegetation to be preserved. A
management plan outlining maintenance responsibility
shall be included as part of the plan.
(iv) Guarantee. A legal instrument
approved by the City and recorded with the County
Auditor, which shall include a notice on the title refer-
encing the legal instrument, is required. The legal instru-
ment may include, but is not limited to, the following
guarantees:
(A) Retention of the open space per
the open space plan prescribed in subsection (f)(7)(iii)
of this section;
(B) Provision of permanent mainte-
nance of the open space and commonly owned facilities;
(C) Grants to or reservations for the
use of property owners of all open space and commonly
owned facilities within the development;
(D) Conveyances to property owner
associations or corporations.
(g) Criteria for Approval. The decision-making
authority may grant a RCD only if it is found that:
(1) The location, design, and uses are consis-
tent with the goals and policies of the Comprehensive
Plan, the Shoreline Master Program (when applicable),
the City’s development codes and other City plans and
ordinances;
(2) The residential development integrates
with its surroundings and is designed to harmonize with
existing or proposed development in the neighborhood;
(3) The traffic generated by the development
can be accommodated safely and within acceptable lev-
els of service for affected streets;
(4) All development will adequately be
served by existing or planned facilities and services; and
(5) The development makes adequate and
appropriate provision for the preservation of the envi-
ronment, both natural and manmade, and the conserva-
tion of energy.
(h) Lapse of Approval. If not acted upon within
two (2) years from the date of the decision, approval of
the RCD shall expire. Expiration is automatic and notice
is not provided. The Director may grant a single six (6)
month extension if the applicant makes such a request in
writing prior to the expiration of the RCD and can show
good cause for granting the extension. (Ord. 4950 § 8
(Exh. A) (part), 2005)
20.58.080 SITE PLAN REVIEW.
(a) Authority. Site plan review is an evaluation of
development plans to identify environmental impacts
and overall compliance with applicable development
regulations including zoning and engineering standards.
It is a preliminary review and does not constitute
approval to develop the site.
(b) Applicability. Site plan review is required for
all new development, expansion of existing structures,
or other exterior site improvements that will change the
physical conditions of a site.
(c) Applicant. The City, federal, state or local
agencies, property owner(s), or their designated agents
may initiate a request for site plan review.
(d) Procedures. A request for a site plan review is
processed as a Type I or Type II Director’s decision pur-
suant to Chapter 20.02 BMC. Site plan review may be
conducted independently or may be reviewed concur-
rently with a site development permit set forth in BMC
20.58.090. When a site development permit is not
required, site plan review may be consolidated with the
review of a building permit application.
20.58-5 (Revised 12/05)
Bremerton Municipal Code 20.58.090
(e) Application Requirements. An application for
a site plan review shall include the following compo-
nents. The Director may modify these requirements
based on the size, scope and complexity of the project.
(1) Vicinity Map. Showing the subject prop-
erty in relation to all other properties and major struc-
tures within a two hundred fifty (250) foot radius of the
property.
(2) Site Plan. Containing, but not limited to,
the following information:
(i) The location, size, bulk, height, num-
ber of stories, and use of all structures and areas on the
subject parcel, both existing and proposed.
(ii) Existing and proposed pedestrian
walkways, bikeways, parks, playgrounds, recreational
areas, activity centers, landscaped areas, and other areas
and facilities of a public or recreational nature.
(iii) Existing and proposed utility systems,
drainage structures, fire hydrants, and other infrastruc-
ture improvements.
(iv) An environmental summary, includ-
ing such features as shorelines, bulkheads, creeks, cul-
verts, wetlands, steep slopes, unstable soils, rock
outcroppings, significant trees, other "sensitive areas,"
etc.
(v) All property lines, easements, fences,
walls, signs, and other points of reference.
(vi) Other information, maps or data that
is helpful to better understand the nature and scope of
the proposal and its impacts on surrounding properties,
people, and land uses.
(3) Parking Plan. A parking plan shall be
included showing all of the parking spaces, aisles, hand-
icapped stalls, loading spaces, motorcycle spaces, set-
backs and other dimensional information necessary to
evaluate the project. This information may be shown on
the site plan or may be a provided in a separate plan.
(4) Landscape Plan. When required, a plan
showing the areas of landscaping and street trees shall
be provided. This information may be shown on the site
plan or may be provided in a separate plan.
(5) Storm Water Plan. When required, a storm
drainage report and preliminary storm drainage plans
shall accompany the application.
(6) Water and Sewer Availability. A letter
summarizing the utility service requirements per BMC
Title 15 shall be obtained from the City Public Works
Department and submitted with the application.
(7) Other Reports. When required, studies
such as traffic reports, geotechnical reports, wetland
reports and other environmental studies shall accom-
pany the application.
(8) Narrative. A written explanation of the
proposal including:
(i) Calculations of gross residential den-
sity, size of the site in square feet, and square footage of
structures, parking areas, landscaped and recreational
open space areas;
(ii) Elevations and/or perspective draw-
ings of proposed structures and other major improve-
ments being proposed;
(iii) The specific nature of any agree-
ments, covenants, or other provisions that govern or
affect the proposal; and
(iv) Signatures, mailing addresses, and
phone numbers of all owners of record or agents of the
subject property.
(9) Plans. All plans shall be drawn to scale,
legible, in a reproducible black and white format and
shall include a north arrow.
(f) Criteria for Approval. A site plan that complies
with all applicable development regulations shall be
approved, or approved with conditions. (Ord. 4950 § 8
(Exh. A) (part), 2005)
20.58.090 SITE DEVELOPMENT PERMIT.
(a) Authority. A site development permit shall be
required prior to constructing, enlarging, or demolishing
a building or structure; grading, excavating or filling of
earth; or other exterior site improvements that will
change the physical conditions of a site. A site develop-
ment permit constitutes approval for those activities to
develop a site, not including buildings.
(b) Applicability. A site development permit is
required for the following activities:
(1) The construction of five (5) or more resi-
dential dwelling units;
(2) The construction or expansion of a struc-
ture or structures of more than four thousand (4,000)
square foot gross floor area for a nonresidential use or
uses;
(3) Any filling, grading, excavating, placing
or dumping of soil, loam, peat, sand, gravel, rock, and
similar materials in excess of one hundred (100) cubic
yards;
(4) Any activity or use located within an envi-
ronmentally sensitive area as designated in Chapter
20.14 BMC, Critical Areas;
(5) Any development or redevelopment of a
site that requires street frontage improvements pursuant
to BMC 11.12.110;
(6) Any proposal that requires an engineered
storm drainage system pursuant to Chapter 15.04 BMC;
(7) Construction of a nonaccessory surface or
structural parking lot; or
(8) Construction of an accessory off-street
parking facility of more than twenty (20) automobile
spaces.
(Revised 12/05)20.58-6
20.58.090
(c) Exemptions. The following are exempt from
the requirement for a site development permit:
(1) Forest practices other than Forest Practice
IV regulated under WAC Title 222;
(2) Development that is undertaken by the
Washington State Department of Transportation in state
highway rights-of-way and is regulated by Chapter 173-
270 WAC, the Puget Sound Highway Runoff Program;
or
(3) Road and utility construction and related
activities undertaken by the City’s Public Works
Department.
(d) Applicant. The City, federal, state or local
agencies, property owner(s), or their designated agents
may initiate a request for a site development permit.
(e) Procedures. A request for a site development
permit is processed as a Type I Director’s decision pur-
suant to Chapter 20.02 BMC. The review may be con-
ducted independently or may be reviewed concurrently
with a site plan review.
(f) Application Requirements. An application for
a site development permit shall include the following
components:
(1) Vicinity Map. Showing the subject prop-
erty in relation to all other properties and major struc-
tures within a two hundred fifty (250) foot radius of the
property.
(2) Site Plan. Containing the following infor-
mation:
(i) The location, size, bulk, height, num-
ber of stories, and use of all structures and areas on the
subject parcel, both existing and proposed;
(ii) Existing and proposed pedestrian
walkways, bikeways, parks, playgrounds, recreational
areas, activity centers, landscaped areas, and other areas
and facilities of a public or recreational nature;
(iii) Existing and proposed utility systems,
drainage structures, fire hydrants, and other infrastruc-
ture improvements;
(iv) An environmental summary, includ-
ing such features as shorelines, bulkheads, creeks, cul-
verts, wetlands, steep slopes, unstable soils, rock
outcroppings, significant trees, other "sensitive areas,"
etc.;
(v) All property lines, easements, fences,
walls, signs, and other points of reference;
(vi) Other information, maps or data that
is helpful to better understand the nature and scope of
the proposal and its impacts on surrounding properties,
people, and land uses; and
(vii)Dimensional information or drawn to
scale at not less than one (1) inch = fifty (50) feet.
(3) Parking Plan. Showing all existing and
proposed off-street parking spaces. This may be inte-
grated into the base site plan or shown on a separate
plan. Parking plans should show all spaces, aisles, hand-
icapped and motorcycle spaces, loading spaces, transit
facilities, and parking lot access and internal circulation.
It should also show dimensions of all parking areas,
spaces, driveways, setbacks, and distances from curb
cuts to intersection corners, and similar detail.
(4) Landscape Plan. Showing details of exist-
ing vegetation to be preserved and the general planting
pattern as well as the numbers and types of new plants
being provided. This may be integrated into the base site
plan or provided in a separate plan.
(5) Elevation and/or Perspective Drawings.
Drawings showing proposed structures and other major
improvements.
(6) Civil Engineering Drawings. "Final" plans
for street frontage improvements, circulation and street
lighting.
(7) Final Storm Drainage Report. Storm
drainage system meeting City engineering standards.
(8) Erosion and Sediment Control Plan. Ero-
sion control plans prepared pursuant to BMC 15.04.042.
(9) Phasing. If the project is designed to be
permitted and/or constructed in phases, a site plan show-
ing the phases of development and a written schedule of
development is required.
(10)Narrative. A written explanation of the
proposal, including:
(i) Calculations of gross residential den-
sity, size of the site in square feet, and square footage of
structures, parking areas, landscaped and recreational
open space areas;
(ii) Elevations and/or perspective draw-
ings of proposed structures and other major improve-
ments being proposed;
(iii) The specific nature of any agree-
ments, covenants, or other provisions that govern or
affect the proposal; and
(iv) Signatures, mailing addresses, and
phone numbers of all owners of record or agents of the
subject property.
(11)Other Reports. When required, studies
such as traffic reports, geotechnical reports, wetland
reports and other environmental studies shall accom-
pany the application.
(12)Plans. All plans shall be drawn to scale,
legible, in a reproducible black and white format and
shall include a north arrow.
(g) Criteria for Approval. A site development per-
mit that complies with all applicable development regu-
lations and requirements for construction shall be
approved.
(h) Time Limits on Approval. Approval of a site
development permit shall become void if building per-
20.58-7 (Revised 12/05)
Bremerton Municipal Code 20.58.090
mits are not applied for or construction has not begun
within one (1) year. The expiration is automatic and
notice is not given. Exterior site improvements and the
exterior of all structures shall be completed within three
(3) years of issuance of the site development permit. If
the permit expires, a new site development permit is
required that meets the development standards in effect
at the time a new permit is applied for.
(i) Compliance Required. No person shall violate
or fail in complying with an approved site development
permit or any conditions thereof. Nor shall a building
permit be valid for any structure which violates or fails
to comply with any approved site development permit
for the parcel(s) on which such structure is to be located.
(Ord. 4950 § 8 (Exh. A) (part), 2005)
20.60-1 (Revised 12/05)
Bremerton Municipal Code 20.60.040
Chapter 20.60
LOW DENSITY RESIDENTIAL (R-10)
Sections:
20.60.010 INTENT.
20.60.020 PERMITTED USES.
20.60.030 ACCESSORY USES.
20.60.040 CONDITIONAL USES.
20.60.060 DEVELOPMENT STANDARDS.
20.60.065 ALLOWABLE DENSITY AND
LOT AREA.
20.60.066 ALLOWABLE DENSITY AND
LOT AREA IN A CENTER.
20.60.068 ALLOWABLE DENSITY AND
LOT AREA IN
UNDERUTILIZED URBAN
FRINGE AREAS.
20.60.080 OFF-STREET PARKING
REQUIREMENTS.
20.60.090 LANDSCAPING
REQUIREMENTS.
20.60.100 SIGN STANDARDS.
20.60.010 INTENT.
The intent of the low density residential (R-10) zon-
ing district is to accommodate single-family housing by
infilling at a range of lot sizes consistent with urban
growth patterns. Some attached single-family housing
may be appropriate when responding to sensitive areas
or with innovative design. Residential development at
higher densities is encouraged at the edge of designated
centers. (Ord. 4950 § 8 (Exh. A) (part), 2005)
20.60.020 PERMITTED USES.
Only one (1) principal use shall be allowed on each
residentially zoned lot unless allowed for otherwise by
law. This limitation shall not include permitted acces-
sory uses associated with a permitted principal use.
The following uses are permitted outright:
(a) Cemetery;
(b) Co-location of wireless telecommunications
per BMC 20.46.140;
(c) Day care facility of twelve (12) or fewer per-
sons receiving care;
(d) Education and schools (K-12) of twelve (12) or
fewer students;
(e) Foster home;
(f) Group residential home;
(g) Manufactured home per BMC 20.46.040;
(h) Parks, playgrounds and open space equal or
less than one-half (0.5) acre (21,780 square feet);
(i) Single-unit dwelling unit, detached;
(j) Single-unit dwelling unit, attached (zero (0) lot
lines) per BMC 20.60.060(b);
(k) Worship and religious facilities of twenty
thousand (20,000) square feet gross floor area or less.
(Ord. 4950 § 8 (Exh. A) (part), 2005)
20.60.030 ACCESSORY USES.
The following accessory uses may be permitted
when found in connection with a principal use:
(a) Attached or detached accessory dwelling unit
per BMC 20.46.010;
(b) Detached garage, carport, and parking facili-
ties for the residents of the property;
(c) Home occupation per BMC 20.46.030;
(d) Other necessary and customary uses deter-
mined by the Director to be appropriate, incidental and
subordinate;
(e) Playhouses, patios, cabanas, porches, gazebos,
swimming pools and incidental household storage
buildings. (Ord. 4950 § 8 (Exh. A) (part), 2005)
20.60.040 CONDITIONAL USES.
The following uses may be permitted, provided a
conditional use permit is approved pursuant to BMC
20.58.020 subject to the corresponding conditions.
(a) Bed and breakfast, provided:
(1) The operators of the business shall occupy
the house as their primary residence;
(2) No more than one (1) full-time equivalent
(FTE) employee who is not a resident of the dwelling
may be employed;
(3) No more than six (6) bedrooms are made
available for rent to guests and all guest rooms are con-
tained within the principal structure;
(4) Two (2) off-street parking spaces, plus one
(1) off-street parking space per each guest bedroom, are
required;
(5) Off-street parking spaces may be reduced,
provided the applicant can demonstrate parking will not
spill over into nearby residential properties and any
streets;
(6) Rooms shall not be made available to
guests for more than fourteen (14) days during any thirty
(30) day period;
(7) No commercial receptions, parties, or
other public gatherings, or serving of meals to nonresi-
dent guests for compensation are allowed; and
(8) Any remodeling of the residential struc-
ture shall maintain the residential nature of the structure
and not alter the structure in such a manner that would
prevent it from being used as a residence in the future.
(b) Group residential facilities - Class I, provided:
(1) All state licensing requirements are satis-
fied;
(Revised 12/05)20.60-2
20.60.040
(2) The site is located on a collector or higher
street;
(3) Minimum setbacks, height and lot cover-
age of the underlying zone shall apply;
(4) Off-street parking shall be at a minimum
of one (1) space per each employee during the peak
shift, plus one (1) space per two (2) residents the facility
will provide service to;
(5) If counseling services are provided to non-
residents, additional parking spaces are required at one
(1) per three hundred (300) square feet of gross floor
area used for counseling services;
(6) The number of required off-street parking
spaces may be reduced, provided the applicant can dem-
onstrate that parking will not spill over into nearby resi-
dential properties and any streets; and
(7) Landscaping is provided meeting the min-
imum requirements for nonresidential uses prescribed in
Chapter 20.50 BMC. Additional landscaping for screen-
ing purposes may be required if it is found necessary to
mitigate any impacts to adjoining residential properties.
(c) Senior housing complex, provided the condi-
tions set forth in BMC 20.46.090 are satisfied.
(d) Nursing/convalescent homes, provided:
(1) All state licensing requirements are satis-
fied;
(2) The site is located on a collector or higher
street;
(3) Minimum site area shall be no less than
one (1) acre;
(4) Minimum setbacks, height and lot cover-
age of the underlying zone shall apply;
(5) Off-street parking shall be a minimum of
one (1) space per six hundred (600) square feet of gross
floor area;
(6) The number of required off-street parking
spaces may be reduced, provided the applicant can dem-
onstrate that parking will not spill over into nearby resi-
dential properties and any streets; and
(7) Landscaping is provided meeting the min-
imum requirements for nonresidential uses prescribed in
Chapter 20.50 BMC. Additional landscaping for screen-
ing purposes may be required if it is found necessary to
mitigate any impacts to adjoining residential properties.
(e) Day care facilities (thirteen (13) or more per-
sons receiving care), provided:
(1) All state licensing requirements are satis-
fied;
(2) The site is located on a collector or higher
street;
(3) Off-street parking shall be a minimum one
(1) space per each five (5) children based on the state
license maximum occupancy load;
(4) One (1) loading/unloading space without
backup is required for the first twenty (20) children and
one (1) additional space for up to each additional twenty
(20) children;
(5) The number of required off-street parking
spaces may be reduced, provided the applicant can dem-
onstrate that parking will not spill over into nearby resi-
dential properties and any streets;
(6) Landscaping is provided meeting the min-
imum requirements for nonresidential uses prescribed in
Chapter 20.50 BMC. Additional landscaping for screen-
ing purposes may be required if it is found necessary to
mitigate any impacts to adjoining residential properties;
and
(7) The maximum height of a fence or wall
within a front yard setback may be increased up to six
(6) feet, provided it enhances safety and security of an
outdoor play area.
(f) Adaptive reuse of public and semi-public
buildings, provided the conditions set forth in BMC
20.46.070 are satisfied.
(g) Manufactured home park or expansion of
existing parks, provided:
(1) It is exempt pursuant to RCW 58.17.040
from requirements for property segregation;
(2) The minimum site size shall be five (5)
acres;
(3) Density shall meet the underlying zone;
(4) Adequate water, sewer, and utility ser-
vices are available to all building sites;
(5) A fire protection system meeting the
requirements of the City Fire Marshal is provided;
(6) Interior circulation shall meet the City
Engineer road standards plus the following standards:
(i) All interior circulation routes shall be
constructed within a tract or easement;
(ii) Roads and driveways shall be paved;
(iii) The City Fire Marshal and City Engi-
neer shall approve all fire turnarounds;
(7) The following setbacks shall apply to
manufactured homes or mobile homes, together with
their additions and appurtenant structures, accessory
structures, and other structures on the site (excluding
fences), excluding any hitch or towing fixture:
(i) From interior roads at least fifteen
(15) feet from centerline of the tract or easement, but in
no case shall the setback be less than five (5) feet from
the paved surfaced edge;
(ii) Structures near the perimeter lot lines
of the property shall comply with the setbacks of the
underlying zone;
(iii) A minimum of ten (10) foot separa-
tion between all manufactured homes;
20.60-3 (Revised 12/05)
Bremerton Municipal Code 20.60.040
(8) Off-street parking spaces shall be pro-
vided in the following manner:
(i) One (1) parking space per home site;
plus
(ii) One (1) parking space for each five
(5) home sites for guest parking; plus
(iii) Additional parking spaces to provide
for the parking needs of offices, community buildings,
recreational facilities, or other uses within the park that
may be used by park residents or others;
(9) Outside storage of vessels (boats), house-
hold items and equipment is prohibited, except a com-
mon central storage area may be provided for residents
of the park. The storage area shall be screened by a min-
imum five (5) foot high by five (5) foot wide sight-
obscuring barrier consisting of landscaping and fencing
or wall, and shall meet minimum setbacks of the under-
lying zone;
(10)Ten (10) percent of the site shall be main-
tained as common recreational open space for the use of
residents and:
(i) May include community areas and
facilities such as playgrounds, swimming pools, and
hobby and craft shops;
(ii) However, it shall not include required
landscaping areas, perimeter setback areas, parking
areas, storage areas, building separation areas or other
areas deemed impractical by the Director for the recre-
ational enjoyment of the residents;
(11)Trees meeting the standards set forth in
Chapter 20.50 BMC shall be provided along all property
lines abutting a residential zone and public streets.
Exceptions for trees may be allowed when a property
line abuts an alley or is obstructed by a building or other
structure;
(12)Adequate lighting to illuminate streets,
driveways, and walkways for the safe movement of
pedestrians and vehicles is required; and
(13)All water, sewer, electrical, and communi-
cation service lines shall be underground.
(h) Worship and religious facilities greater than
twenty thousand (20,000) square feet, provided:
(1) The site is located on a collector or higher
street;
(2) The site area shall be one (1) acre or more;
and
(3) Landscaping is provided meeting the min-
imum requirements for nonresidential uses prescribed in
Chapter 20.50 BMC. Additional landscaping for screen-
ing purposes may be required if it is found necessary to
mitigate any impacts to adjoining residential properties.
(i) Golf course, provided:
(1) A site plan review and a site development
permit are approved pursuant to Chapter 20.58 BMC;
(2) Through the conditional use permit, mod-
ifications to parking and landscaping may be allowed in
order to facilitate good design;
(3) Access to the site shall be from an arterial
street or highway; and
(4) Other conditions are applied as deemed
necessary to mitigate impacts to nearby residential prop-
erties and ensure compatibility with the neighborhood.
(j) Schools, parks and associated uses may be
approved in accordance with the following:
(1) The following uses are permitted through
approval of a conditional use permit:
(i) All public schools and associated
gymnasium and auditorium;
(ii) Private schools (K-12) with thirteen
(13) or more students;
(iii) Parks and playgrounds greater than
one-half (0.5) acre;
(iv) Outdoor athletic fields;
(v) Boat launching and related facilities;
(vi) Maintenance and service yards;
(vii)Bus and other vehicle and equipment
maintenance and storage facilities;
(viii)Administrative office related to the
facilities greater than two thousand (2,000) square feet
gross floor area;
(ix) Buildings and structures for nonprofit
groups on public lands;
(2) Uses permitted pursuant to subsection
(j)(1) of this section shall be subject to complying with
the following conditions:
(i) Front, side and rear yard setbacks of
structures and outdoor storage areas shall be at least
thirty (30) feet;
(ii) Setbacks may be reduced for those
portions of a structure fronting interior streets;
(iii) Landscaping is provided meeting the
minimum requirements for nonresidential uses pre-
scribed in Chapter 20.50 BMC. Additional landscaping
for screening purposes may be required if it is found
necessary to mitigate any impacts to adjoining residen-
tial properties;
(iv) Additional measures may be required
if deemed necessary to mitigate any noise impacts to
adjacent residential uses; and
(v) The maximum height of a fence or
wall within a front yard setback may be increased to six
(6) feet, provided it enhances safety and security around
an outdoor play area.
(k) Public utility facilities located above ground,
provided:
(1) Landscaping is provided meeting the min-
imum requirements for nonresidential uses prescribed in
Chapter 20.50 BMC. Additional landscaping for screen-
(Revised 12/05)20.60-4
20.60.060
ing purposes may be required if it is found necessary to
mitigate any impacts to adjoining residential properties;
(2) The maximum height of a fence or wall
may be increased within a front yard setback that will
provide screening from adjacent uses and enhance
safety and security around the facility; and
(3) Exceptions to setbacks may be allowed if
the applicant can demonstrate that the public interest is
better served by allowing the modification.
(l) Law enforcement and fire facilities, provided:
(1) Landscaping is provided meeting the min-
imum requirements for nonresidential uses prescribed in
Chapter 20.50 BMC. Additional landscaping for screen-
ing purposes may be required if it is found necessary to
mitigate any impacts to adjoining residential properties.
(2) The maximum height of a fence or wall
may be increased within a front yard setback that will
provide screening from adjacent uses and enhance
safety and security around the facility.
(m) Neighborhood businesses, provided:
(1) The use is listed as a permitted use in
BMC 20.82.020;
(2) The use is a preexisting use that has
legally operated within the previous twelve (12) month
period; and
(3) The use is not expanded beyond its exist-
ing footprints.
(c) Senior housing complex, provided the condi-
tions set forth in BMC 20.46.090 are satisfied. (Ord.
4950 § 8 (Exh. A) (part), 2005)
20.60.060 DEVELOPMENT STANDARDS.
(a) Lot Standards. Lot development requirements
shall be in accordance with this section and the follow-
ing standards unless allowed for by law otherwise:
(1) Setbacks.
(i) Minimum front yard setback is fifteen
(15) feet;
(ii) Minimum side yard setback is five (5)
feet;
(iii) Minimum rear yard setback is fifteen
(15) feet.
(2) Maximum structure height is thirty-five
(35) feet.
(3) Maximum structure height in (R-10) areas
within the downtown regional center shall be pursuant
to Figure 20.74(a) and shall supercede subsection (a)(2)
of this section.
(4) Minimum lot width is thirty (30) feet.
(5) Maximum building coverage is sixty (60)
percent.
(b) Zero (0) Lot Line (ZLL) Development. An
attached single-family dwelling and/or garage structure
may have a single shared side or rear lot line, and a set-
back reduced to zero (0), provided the structure com-
plies with building code fire separation requirements.
(c) Detached Structures. The following standards
shall apply to attached garages and detached accessory
structures:
(1) The maximum garage/carport (attached or
detached) area shall be five hundred (500) square feet of
gross floor area plus ten (10) percent of gross floor area
of the principal residential use, provided:
(i) The garage/carport does not exceed
one thousand (1,000) square feet;
(ii) The square footage of any one (1)
garage/carport structure may be increased up to a maxi-
mum of two thousand (2,000) square feet of gross floor
area if the setback from all property lines is increased an
additional five (5) feet over the minimum setback
requirement for each additional one hundred (100)
square feet of structure area exceeding one thousand
(1,000) square feet.
(2) In addition to the requirements prescribed
in subsection (c)(1) of this section, the maximum area of
all accessory structures, including attached and
detached garages, carports, barns, covered patios,
cabanas, gazebos, and incidental household storage
buildings, excluding accessory dwelling units per BMC
20.46.010, is fifty (50) percent of the gross floor area of
the principal use or five hundred (500) square feet,
whichever is greater, subject to maximum lot coverage
standards.
(3) Maximum height of detached accessory
structures (including garages) shall not exceed the
height of the principal structure.
(4) Setback of detached accessory structures
is pursuant to BMC 20.44.060.
(d) Garage Door Setbacks. When the garage vehi-
cle door entrance faces the street, it shall have a front
yard setback of at least twenty (20) feet, except as pro-
vided in BMC 20.44.020, Traditional front yard.
(e) Lot Area for Parks and Schools. Parks and
schools may exceed maximum lot area requirements if
approved by a conditional use permit. (Ord. 4950 § 8
(Exh. A) (part), 2005)
20.60.065 ALLOWABLE DENSITY AND LOT
AREA.
The purpose of this section is to establish compati-
ble levels of density within existing neighborhoods. The
intent is to allow infill residential development at densi-
ties equal to or slightly higher than existing residential
densities in the vicinity to encourage neighborhood
compatible infill over time. The following density and
lot area standards are applicable to development within
the zone:
20.60-5 (Revised 12/05)
Bremerton Municipal Code 20.60.066
(a) Minimum Density. The minimum required
density is five (5) dwellings per acre.
(b) Maximum Density. The maximum allowed
density is subject to neighborhood compatibility and the
neighborhood average lot area as determined in subsec-
tion (f) of this section, and the following corresponding
density:
(c) Maximum Lot Area. The maximum lot area is
eight thousand seven hundred twelve (8,712) square
feet, with the following exceptions:
(1) The lot area may be modified through the
approval of a residential cluster development pursuant
to BMC 20.58.060;
(2) One (1) lot within a proposal for a division
of land may exceed eight thousand seven hundred
twelve (8,712) square feet, provided the remaining lots
do not exceed the eight thousand seven hundred twelve
(8,712) square feet maximum lot size; and
(3) A flag lot that complies with the require-
ments in BMC 20.44.100 may exceed the eight thousand
seven hundred twelve (8,712) square feet, provided the
total area of the flag lot does not exceed thirteen thou-
sand sixty-eight (13,068) square feet.
(d) Minimum Lot Area. The minimum allowed lot
area is subject to neighborhood compatibility and the
neighborhood average lot area as determined in subsec-
tion (f) of this section, and the following corresponding
lot area:
(e) Exception to Minimum Lot Areas and Maxi-
mum Density.
(1) The minimum lot area may be modified
through the approval of a residential cluster develop-
ment pursuant to BMC 20.58.060, provided the devel-
opment complies with the maximum density
requirement set forth in subsection (b) of this section.
(2) The minimum lot area in a center may be
modified pursuant to BMC 20.60.066(c).
(f) Determining Neighborhood Compatibility and
Neighborhood Average Lot Area. New development is
required to be compatible with the density of the sur-
rounding neighborhood. Compatibility is determined by
calculating the average lot area of all existing lots within
three hundred (300) feet from the outer boundaries of
the site subject to the following standards:
(1) All lots greater than eight thousand seven
hundred twelve (8,712) square feet shall be rounded
down to eight thousand seven hundred twelve (8,712)
square feet to determine average lot area;
(2) The current platted and unplatted tax lot
boundaries recorded with the Kitsap County Assessor
shall be used to determine average lot area;
(3) Flag lots meeting the requirements in
BMC 20.44.100 shall have their lot area divided by one
and one-half (1.5) to be used to determine lot area;
(4) All lots containing two (2) or more dwell-
ing units (not including accessory dwelling units) shall
be rounded down to four thousand three hundred (4,300)
square feet to determine average lot area;
(5) All lots with commercial, industrial, or
special district zoning shall not be included in the aver-
age lot area calculation. (Ord. 4950 § 8 (Exh. A) (part),
2005)
20.60.066 ALLOWABLE DENSITY AND LOT
AREA IN A CENTER.
When a property zoned low density residential
(R-10) is located within an area designated a neighbor-
hood or district center by the Comprehensive Plan, the
following density and lot area standards apply:
(a) Minimum Density. The minimum required
density is five (5) dwellings per acre.
(b) Maximum Density. The maximum allowed
density is fifteen (15) dwellings per acre.
(c) Minimum Lot Area. The minimum allowed lot
area is three thousand (3,000) square feet, except as
modified by the approval of a residential cluster devel-
opment pursuant to BMC 20.58.060.
(d) Maximum Lot Area. The maximum lot area is
pursuant to BMC 20.60.065(c). (Ord. 4950 § 8 (Exh. A)
(part), 2005)
Neighborhood Average Lot Area
Maximum
Density
Allowed (Net)
(Dwellings Per
Acre)
(1) 7,200 sq. ft. or greater 6
(2) 6,200 sq. ft. to 7,199 sq. ft. 7
(3) 5,500 sq. ft. to 6,199 sq. ft. 8
(4) 5,000 sq. ft. to 5,499 sq. ft. 9
(5) Less than 5,000 sq. ft. 10
Neighborhood Average Lot Area
Minimum
Lot Area
Allowed
(1) 7,200 sq. ft. or greater 7,200 sq. ft.
(2) 6,200 sq. ft. to 7,199 sq. ft. 6,200 sq. ft.
(3) 5,500 sq. ft. to 6,199 sq. ft. 5,500 sq. ft.
(4) 5,000 sq. ft. to 5,499 sq. ft. 5,000 sq. ft.
(5) Less than 5,000 sq. ft. 4,300 sq. ft.
(Revised 12/05)20.60-6
20.60.068
20.60.068 ALLOWABLE DENSITY AND LOT
AREA IN UNDERUTILIZED
URBAN FRINGE AREAS.
(a) When a property zoned low density residential
meets the criteria for an underutilized urban fringe area
per subsection (a)(1) of this section, the density and lot
area standards of subsection (b) of this section shall
apply.
(1) A property shall be classified as underuti-
lized urban fringe when the average lot size of all lots
within three hundred (300) feet of the site’s outer
boundaries is greater than eight thousand seven hundred
twelve (8,712) square feet, and the property meets one
(1) of the following criteria:
(i) The property is outside of the Decem-
ber 1, 2005, Bremerton City limits; or
(ii) The property is inside of the Decem-
ber 1, 2005, Bremerton City limits and is a single project
equal to or greater than fifty (50) acres in size.
(b) The following density and lot area standards
shall apply to lots in underutilized urban fringe areas:
(1) Minimum Density. The minimum
required density for that portion of the site not contain-
ing critical areas is seven (7) dwellings per acre.
(2) Maximum Density. The maximum
allowed density is ten (10) dwellings per acre.
(3) Minimum Lot Area. The minimum lot
area is four thousand three hundred (4,300) square feet.
(4) Maximum Lot Area. The maximum lot
area is six thousand two hundred (6,200) square feet.
(Ord. 4950 § 8 (Exh. A) (part), 2005)
20.60.080 OFF-STREET PARKING
REQUIREMENTS.
Off-street parking shall be provided in accordance
with the requirements set forth in Chapter 20.48 BMC.
(Ord. 4950 § 8 (Exh. A) (part), 2005)
20.60.090 LANDSCAPING REQUIREMENTS.
Landscaping shall be provided in accordance with
the requirements set forth in Chapter 20.50 BMC. (Ord.
4950 § 8 (Exh. A) (part), 2005)
20.60.100 SIGN STANDARDS.
Signs shall meet the standards of Chapter 20.52
BMC and the following:
(a) One (1) sign with a sign area of up to eight (8)
square feet may be allowed to advertise a permitted bed
and breakfast, provided it matches the architectural fea-
tures of the primary residence. (Ord. 4950 § 8 (Exh. A)
(part), 2005)
20.62-1 (Revised 12/05)
Bremerton Municipal Code 20.62.060
Chapter 20.62
COMMERCIAL CORRIDOR (CC)
Sections:
20.62.010 INTENT.
20.62.020 PERMITTED USES.
20.62.040 CONDITIONAL USES.
20.62.060 DEVELOPMENT STANDARDS.
20.62.070 DESIGN STANDARDS.
20.62.080 PARKING REQUIREMENTS.
20.62.090 LANDSCAPING
REQUIREMENTS.
20.62.100 SIGN STANDARDS.
20.62.010 INTENT.
The intent of the commercial corridor (CC) district
is to provide locations for high intensity commercial
uses serving the entire community while preserving
maritime views, forested areas, and buffering impacts to
adjacent residential areas. The corridor accommodates
access to businesses by automobile while also creating a
pedestrian-friendly, transit-supporting corridor. (Ord.
4950 § 8 (Exh. A) (part), 2005)
20.62.020 PERMITTED USES.
The following uses are permitted outright:
(a) The following uses, provided they do not
exceed twenty thousand (20,000) square feet gross floor
area:
(1) Automobile service and repair excluding
outdoor display areas for cars, boats, or other vehicles;
(2) Community facility;
(3) Day care;
(4) Drinking place;
(5) Drive-through facility;
(6) Education and school;
(7) Entertainment use;
(8) Finance, insurance and real estate;
(9) General office and business service;
(10)General retail;
(11)Medical office and clinic;
(12)Personal service;
(13)Physical fitness and health club;
(14)Restaurant;
(15)Senior center;
(b) Co-location of wireless telecommunications
facilities per BMC 20.46.140;
(c) Hotel and lodging place;
(d) Museum and gallery;
(e) Nonmotorized outdoor recreation facility;
(f) Public administration use;
(g) Residential as a secondary use. (Ord. 4950 § 8
(Exh. A) (part), 2005)
20.62.040 CONDITIONAL USES.
The following uses may be permitted provided a
conditional use permit is approved pursuant to BMC
20.58.020:
(a) Hardware and materials supply stores includ-
ing garden supply, provided:
(1) The structure(s) is less than twenty thou-
sand (20,000) square feet of gross floor area;
(2) Outdoor storage and product display shall
be screened from view by a solid fence or wall;
(3) No loading areas shall be located in a front
yard or side yard abutting or located across from a resi-
dentially zoned property; and
(4) Outside storage is limited to five thousand
(5,000) square feet.
(b) Gas stations and car washes, provided:
(1) No more than two (2) points of
ingress/egress are allowed per street frontage.
Ingress/egress points shall be separated in accordance
with City engineering requirements.
(2) Buffering is provided pursuant to BMC
20.50.050, and in addition, trees at least ten (10) feet in
height of two (2) inch caliper, measured four (4) feet
above ground at time of planting and/or construction
shall be included at intervals not greater than fifteen (15)
feet. (Ord. 4950 § 8 (Exh. A) (part), 2005)
20.62.060 DEVELOPMENT STANDARDS.
(a) Lot development shall be in accordance with
the following standards, unless allowed for otherwise by
law:
(1) Maximum front yard setback: five (5) feet.
At least sixty-five (65) percent of the building’s front
facade must meet the maximum front yard setback;
(2) Minimum side yard setback: zero (0)
except as follows:
(i) Residential uses abutting the low den-
sity residential (R-10) zone: ten (10) feet;
(ii) Nonresidential uses abutting the low
density residential (R-10) zone: sixty (60) feet;
(3) Minimum rear yard setback: zero (0),
except as follows:
(i) Residential uses from the low density
residential (R-10) zone: ten (10) feet;
(ii) Nonresidential uses from the low den-
sity residential (R-10) zone: sixty (60) feet;
(4) No maximum density for secondary resi-
dential uses.
(5) Maximum building coverage: fifty (50)
percent unless increased per subsection (b) of this sec-
(Revised 12/05)20.62-2
20.62.070
tion. In no case shall maximum lot coverage exceed sev-
enty-five (75) percent.
(6) Maximum development coverage is sev-
enty-five (75) percent unless increased per subsection
(b) of this section. In no case shall maximum lot cover-
age exceed ninety-five (95) percent.
(7) Maximum height: forty-five (45) feet,
except that structures within one hundred (100) feet of
the low density residential (R-10) zone shall not exceed
thirty-five (35) feet in height.
(8) Maximum building heights within the
downtown regional center are pursuant to Figure
20.74(a), and shall supercede subsection (a)(7) of this
section.
(b) A development that provides the following
may have its maximum development and lot coverage
increased by adding bonus percentages to the maximum
base area percentage, provided the total does not exceed
the maximum allowed above:
(1) Commercial/residential mixed use devel-
opment: twenty (20) percent bonus;
(2) Development containing seventy-five (75)
percent of the building footprint with three (3) and four
(4) story buildings: ten (10) percent bonus;
(3) Ten (10) percent bonus if a sidewalk ten
(10) feet in width or greater is installed extending to the
front of the building and continuing along the entire
arterial frontage of the parcel;
(4) Pedestrian through-corridor that provides
pedestrian access to a location approved by the Director:
five (5) percent bonus;
(5) Fifty (50) percent of off-street parking is
provided underground or within a building designed for
occupancy: twenty (20) percent bonus. (Ord. 4950 § 8
(Exh. A) (part), 2005)
20.62.070 DESIGN STANDARDS.
The following design standards shall be applied to
all new development or significant redevelopment of a
site. When development involves the remodel or expan-
sion of existing structures, the Director may modify
these requirements to reasonably fit the scope and scale
of the remodel or expansion.
(a) Bulk Reduction. At least two (2) of the follow-
ing criteria shall be used to reduce the appearance of
mass and bulk of the facade of all buildings facing pub-
lic streets:
(1) Upper floor setbacks of not more than ten
(10) feet, provided the setbacks are not applied to more
than twenty-five (25) percent of building facades facing
a public street.
(2) One (1) or more of the following tech-
niques:
(i) Recessing the entrance area at least
three (3) feet.
(ii) An entrance area that protrudes at
least three (3) feet.
(iii) A canopy, portico or overhang
extending at least five (5) feet over the sidewalk in the
entrance area.
(3) Buildings with at least five (5) foot over-
hangs, awnings, canopies or arcades elevated between
eight (8) and twelve (12) feet above the sidewalk.
(4) Window Fenestration. Windows shall
occupy at least fifty (50) percent of the ground floor
facade measured to ten (10) feet above the sidewalk or
finished grade.
(b) Sight-obscuring landscape buffering shall be
provided along property lines adjacent to commercial
corridor (CC) and low density residential (R-10) zones
pursuant to the standards set forth in BMC 20.50.050(b).
(c) Outdoor storage of all materials shall be pro-
hibited except for nurseries, which shall provide screen-
ing pursuant to BMC 20.50.050(b).
(d) Refuse Containers.
(1) Refuse container screening shall be
required and be of a material and design compatible
with the overall architectural theme of the associated
structure, shall be at least as high as the refuse container,
and shall in no case be less than six (6) feet high;
(2) No refuse container shall be permanently
stored between a street and the front of a building;
(3) Refuse collection areas shall be designed
to contain all refuse generated on-site and deposited
between collections. Deposited refuse shall not be visi-
ble from outside the refuse enclosure. (Ord. 4950 § 8
(Exh. A) (part), 2005)
20.62.080 PARKING REQUIREMENTS.
On-site parking shall be provided in accordance
with Chapter 20.48 BMC, and the following standards
shall be met:
(a) On-site parking shall be to the rear or to the
side of buildings on the site and shall not occupy more
than fifty (50) percent of the site frontage facing the
arterial street.
(b) Parking shall not be placed on street corners.
(c) Access to parking may be from adjacent nonar-
terial streets, or from driveways off of the arterial.
(d) Driveways providing access to parking area
shall be well marked. (Ord. 4950 § 8 (Exh. A) (part),
2005)
20.62.090 LANDSCAPING REQUIREMENTS.
The landscaping requirements set forth in Chapter
20.50 BMC, or as otherwise modified in this chapter,
shall be satisfied. (Ord. 4950 § 8 (Exh. A) (part), 2005)
20.62-3 (Revised 12/05)
Bremerton Municipal Code 20.62.100
20.62.100 SIGN STANDARDS.
Signage shall meet the standards of Chapter 20.52
BMC. For freestanding signs, the maximum size and
height standards of Figure 20.52(a) shall apply. (Ord.
4950 § 8 (Exh. A) (part), 2005)
20.64-1 (Revised 12/05)
Bremerton Municipal Code 20.64.060
Chapter 20.64
WHEATON WAY REDEVELOPMENT
CORRIDOR (WWRC)
Sections:
20.64.010 INTENT.
20.64.020 OUTRIGHT PERMITTED USES.
20.64.040 CONDITIONAL USES.
20.64.060 DEVELOPMENT STANDARDS.
20.64.070 DESIGN STANDARDS.
20.64.080 PARKING REQUIREMENTS.
20.64.090 LANDSCAPING
REQUIREMENTS.
20.64.100 SIGN STANDARDS.
20.64.010 INTENT.
The intent of the Wheaton Way redevelopment cor-
ridor (WWRC) zone is to provide for the transition over
time of the corridor away from suburban-style strip
commercial development. The WWRC zone seeks to
create a mixed use, high density corridor that will enable
a full range of commercial uses oriented closer to the
street, and medium to high density residential uses
above or on portions of larger sites away from the street
frontage. The zone seeks to balance the needs of auto-
mobile-oriented businesses with a desire to incorporate
a more pedestrian-oriented design approach. Introduc-
tion of residential use within the corridor is intended, in
part, to support high levels of transit usage within the
corridor. In addition, the WWRC zone seeks to provide
adequate transitions to less intense adjacent zone dis-
tricts. (Ord. 4950 § 8 (Exh. A) (part), 2005)
20.64.020 OUTRIGHT PERMITTED USES.
The following uses are permitted outright:
(a) All residential uses except Class II group resi-
dential;
(b) Automobile service and repair;
(c) Co-location of wireless telecommunications
facilities per BMC 20.46.140;
(d) Community facility;
(e) Drinking place;
(f) Drive-through facility;
(g) Entertainment use;
(h) Finance, insurance and real estate;
(i) General office and business service;
(j) General retail;
(k) Hotel and lodging place;
(l) Medical office and clinic;
(m) Museum and gallery;
(n) Park, playground and open space;
(o) Personal service;
(p) Physical fitness and health club;
(q) Public administration use;
(r) Restaurant. (Ord. 4950 § 8 (Exh. A) (part),
2005)
20.64.040 CONDITIONAL USES.
The following uses may be permitted, provided a
conditional use permit is approved pursuant to BMC
20.58.020:
(a) Hardware and materials supply stores includ-
ing garden supply, provided:
(1) The structure is less than twenty thousand
(20,000) square feet of gross floor area;
(2) Outside storage shall be entirely screened
from view by a solid fence or wall;
(3) Outside storage is limited to five thousand
(5,000) gross square feet or less of materials.
(b) Gas stations and carwashes, provided:
(1) No more than two (2) points of ingress/
egress are allowed per street frontage. Ingress/egress
points shall be separated laterally along the property
frontage(s) to the maximum possible while meeting all
other street standards and City requirements;
(2) Buffering is provided pursuant to BMC
20.50.050, and in addition, trees at least ten (10) feet in
height of two (2) inch caliper, measured four (4) feet
above ground at time of planting and/or construction
shall be included at intervals no greater than fifteen (15)
feet. (Ord. 4950 § 8 (Exh. A) (part), 2005)
20.64.060 DEVELOPMENT STANDARDS.
(a) Lot development shall be in accordance with
the following standards, unless allowed for otherwise by
law:
(1) Maximum front yard setback is five (5)
feet except that front yard setback may be increased if
the Director finds that such increase is necessary to
accommodate pedestrian features per BMC 20.64.070
or equivalent. At least sixty-five (65) percent of the
building’s front facade must meet the maximum front
yard setback;
(2) Minimum side yard setback is zero (0)
from nonresidential zones, and thirty (30) feet from the
low density residential (R-10) zone;
(3) Minimum rear yard setback is zero (0)
from nonresidential zones, and thirty (30) feet from the
low density residential (R-10) zone;
(4) Maximum development coverage: fifty
(50) percent unless increased per subsection (b) of this
section. In no case shall maximum lot coverage exceed
seventy-five (75) percent;
(5) Maximum lot coverage: seventy-five (75)
percent unless increased per subsection (b) of this sec-
tion. In no case shall maximum lot coverage exceed
ninety-five (95) percent;
(Revised 12/05)20.64-2
20.64.070
(6) Maximum height: forty (40) feet, except
that structures within one hundred (100) feet of the low
density residential (R-10) zone shall not exceed thirty-
five (35) feet in height.
(b) A development that provides the following
may have its maximum development and lot coverage
increased by adding bonus percentages to the maximum
base area percentage, provided the total does not exceed
the maximum allowed above:
(1) Commercial/residential mixed use devel-
opment: twenty (20) percent bonus;
(2) Development containing seventy-five (75)
percent of the building footprint with three (3) and four
(4) story buildings: ten (10) percent bonus;
(3) Ten (10) percent bonus if a sidewalk ten
(10) feet in width or greater is installed extending to the
front of the building and continuing along the entire
arterial frontage of the parcel;
(4) Projects providing a through-block corri-
dor that facilitates pedestrian access in a location
approved by the city: five (5) percent bonus;
(5) Projects providing at least fifty (50) per-
cent of their required parking underground or within the
building: twenty (20) percent bonus.
(c) Maximum residential density: twelve (12)
units per acre, except on sites in single ownership larger
than three (3) acres, residential density may be increased
to a maximum density of twenty (20) units per acre, pro-
vided that:
(1) Site design provides for internal circula-
tion connections for both pedestrians and vehicles
between all portions of the site;
(2) Landscaping and/or screening adjacent to
a single-family zone district shall be provided per BMC
20.50.040(c);
(3) A transit stop with shelter is provided at
the arterial street frontage.
(d) Commercial uses shall be located within two
hundred (200) feet of the arterial street frontage. (Ord.
4950 § 8 (Exh. A) (part), 2005)
20.64.070 DESIGN STANDARDS.
The following design standards shall be applied to
all new development or significant redevelopment of a
site. When development involves the remodel or expan-
sion of existing structures, the Director may modify
these requirements to reasonably fit the scope and scale
of the remodel or expansion.
(a) Bulk Reduction. At least two (2) of the follow-
ing criteria shall be used to reduce the appearance of
mass and bulk of the facade of all buildings facing pub-
lic streets.
(1) Upper floor setbacks of not more than ten
(10) feet, provided the setbacks are not applied to more
than twenty-five (25) percent of building facades facing
a public street.
(2) One or more of the following techniques:
(i) Recessing the entrance area at least
three (3) feet;
(ii) An entrance area that protrudes at
least three (3) feet; or
(iii) A canopy, portico or overhang
extending at least five (5) feet over the sidewalk in the
entrance area.
(3) Buildings with at least five (5) foot over-
hangs, awnings, canopies or arcades elevated between
eight (8) and twelve (12) feet above the sidewalk.
(4) Window Fenestration. Windows shall
occupy at least fifty (50) percent of the ground floor
facade measured to ten (10) feet above the sidewalk or
finished grade.
(b) Residential uses shall be placed only on upper
floors of mixed use structures in which ground floors are
occupied with nonresidential uses, except that on sites in
single ownership larger than three (3) acres, single-use
residential structures are permitted if screened from
major arterials by mixed use structures or structures
containing other permitted nonresidential uses only.
Such screening structures must comprise at least sixty-
five (65) percent of the arterial frontage to a height of
thirty-five (35) feet.
(c) Sight-obscuring landscape buffering shall be
provided along property lines adjacent to commercial
corridor (CC) and low density residential (R-10) zones
pursuant to the standards set forth in BMC 20.50.050(b).
(d) Outdoor storage of all materials shall be pro-
hibited except for nurseries, which shall provide screen-
ing pursuant to BMC 20.50.050(b).
(e) Refuse containers, provided:
(1) Refuse container screening shall be
required and be of a material and design compatible
with the overall architectural theme of the associated
structure, shall be at least as high as the refuse container,
and shall in no case be less than six (6) feet high;
(2) No refuse container shall be permanently
stored between a street and the front of a building; and
(3) Refuse collection areas shall be designed
to contain all refuse generated on-site and deposited
between collections. Deposited refuse shall not be visi-
ble from outside the refuse enclosure. (Ord. 4950 § 8
(Exh. A) (part), 2005)
20.64.080 PARKING REQUIREMENTS.
On-site parking shall be provided in accordance
with Chapter 20.48 BMC and the following standards
shall be met:
(a) On-site parking shall be to the rear or to the
side of buildings on the site and shall not occupy more
20.64-3 (Revised 12/05)
Bremerton Municipal Code 20.64.100
than forty (40) percent of the site frontage facing the
arterial street.
(b) Parking shall not be placed on street corners.
(c) Access to parking may be from adjacent nonar-
terial streets, or from driveways off of the arterial.
(d) Driveways providing access to parking area
shall be well-defined, highly visible entryways.
(e) On-street parking shall be allowed to help sat-
isfy parking requirements, provided paved street widths
provide adequate room pursuant to City standards for
on-street parking. (Ord. 4950 § 8 (Exh. A) (part), 2005)
20.64.090 LANDSCAPING REQUIREMENTS.
Landscaping shall meet the standards of Chapter
20.50 BMC, or as otherwise modified in this chapter.
(Ord. 4950 § 8 (Exh. A) (part), 2005)
20.64.100 SIGN STANDARDS.
Signage shall meet the standards of Chapter 20.52
BMC. For freestanding signs, the maximum size and
height standards of Figure 20.52(a) shall apply. (Ord.
4950 § 8 (Exh. A) (part), 2005)
20.66-1 (Revised 12/05)
Bremerton Municipal Code 20.66.070
Chapter 20.66
NEIGHBORHOOD CENTER CORE (NCC)
Sections:
20.66.010 INTENT.
20.66.020 PERMITTED USES.
20.66.050 PROHIBITED USES.
20.66.060 DEVELOPMENT STANDARDS.
20.66.070 DESIGN STANDARDS.
20.66.080 PARKING REQUIREMENTS.
20.66.090 LANDSCAPING
REQUIREMENTS.
20.66.100 SIGN STANDARDS.
20.66.010 INTENT.
The intent of the neighborhood center core (NCC)
zone is to establish base threshold standards for the cen-
tral core of neighborhood centers that preserve future
opportunity for full realization of the centers concept.
The NCC designation assumes that future amendments
to the zoning code will more fully implement the centers
intent. (Ord. 4950 § 8 (Exh. A) (part), 2005)
20.66.020 PERMITTED USES.
Permitted uses include:
(a) Bed and breakfast;
(b) Co-location of wireless telecommunications
facilities per BMC 20.46.140;
(c) Community facility;
(d) Drinking place;
(e) Entertainment use;
(f) Finance insurance and real estate;
(g) General office and business service;
(h) General retail;
(i) Hotel and lodging place containing ten (10) or
fewer guest rooms;
(j) Medical office and clinic;
(k) Museum and gallery;
(l) Park, playground and open space;
(m) Personal service;
(n) Public administration;
(o) Transportation facility;
(p) Residential as a secondary use;
(q) Restaurant;
(r) Transportation facility. (Ord. 4950 § 8 (Exh.
A) (part), 2005)
20.66.050 PROHIBITED USES.
(a) Drive-through lanes. (Ord. 4950 § 8 (Exh. A)
(part), 2005)
20.66.060 DEVELOPMENT STANDARDS.
(a) Front yard setback: no minimum front yard set-
back. The maximum front yard setback shall be ten (10)
feet. At least eighty (80) percent of the building’s front
facade shall meet the maximum front yard setback.
(b) Side yard setback: zero (0), except ten (10) feet
where abutting the low density residential (R-10) zone.
(c) Rear yard setback: zero (0), except ten (10) feet
where abutting the low density residential (R-10) zone.
(d) There is no maximum density for residential as
a secondary use.
(e) Maximum building coverage: sixty (60) per-
cent base maximum; provided, that through the use of
any combination of the following, building coverage
may be increased up to eighty-five (85) percent maxi-
mum.
(1) Projects containing mixed uses: twenty
(20) percent bonus.
(2) Projects within a two (2) or three (3) story
building: ten (10) percent bonus.
(3) Projects providing a pedestrian-oriented
plaza or area of at least one hundred fifty (150) square
feet along a pedestrian walkway at an intersection cor-
ner, bus stop or other key pedestrian area approved by
the city. Such areas shall contain seating for at least four
(4) people, a trash receptacle and three (3) or more of the
following: a pedestrian shelter, a drinking fountain, a
bike rack, pedestrian-scale lights, pavers on the walk-
way surfaces, a kiosk, a street vendor station providing
food or beverages, trees, a statue or sculpture, or a pub-
lic restroom. Interior courtyards with these amenities
qualify if they would be readily apparent and accessible
to pedestrians on adjoining sidewalks: ten (10) percent
bonus.
(4) Projects providing a through-block corri-
dor that facilitates pedestrian access in a location
approved by the city: five (5) percent bonus.
(5) Projects providing at least fifty (50) per-
cent of their required parking underground or within the
building: twenty (20) percent bonus.
(f) Maximum development coverage: maximum
coverage by impervious surfaces seventy-five (75) per-
cent; provided, that through the use of any combination
of the mechanisms listed in subsections (e)(1) through
(5) of this section, up to ninety-five (95) percent maxi-
mum development coverage may be allowed.
(g) Maximum building height: thirty-five (35)
feet. (Ord. 4950 § 8 (Exh. A) (part), 2005)
20.66.070 DESIGN STANDARDS.
(a) Building Design. The following guidelines
apply to mixed use and commercial structures only:
(1) To enhance the pedestrian environment,
commercial uses shall include large windows along any
ground floor facade facing the public sidewalk or side-
(Revised 12/05)20.66-2
20.66.080
walks providing circulation within a site. Windows shall
allow views into interior building spaces. At least sev-
enty-five (75) percent of all such facades, measured to
ten (10) feet above the sidewalk or surface grade, shall
be comprised of such windows.
(2) At least one (1) of the following amenities
shall be required along any ground floor facade facing
the public sidewalk: outdoor eating areas; street furni-
ture such as benches, bike racks and trash receptacles;
plantings in window boxes; public art; or public display
cases, kiosks, or boards.
(3) Building entrances shall be easily identifi-
able from the street and sidewalks. This may be accom-
plished by:
(i) Ornamentation and/or architectural
detailing around the door; and
(ii) One (1) or more of the following tech-
niques:
(A) Recessing the entrance area at
least three (3) feet.
(B) An entrance area that protrudes at
least three (3) feet.
(C) A canopy, portico or overhang
extending at least five (5) feet over the sidewalk in the
entrance area.
(4) Bulk. Building modulation shall be used
to reduce the appearance of mass and bulk of the struc-
ture. This can be achieved by utilizing any combination
of at least two (2) of the following;
(i) Setback of upper floors by at least ten
(10) feet. However, such setbacks shall not be applied to
more than fifty (50) percent of a facade facing a major
arterial.
(ii) Recessed or protruding doorways per
subsection (a)(3)(ii) of this section.
(iii) Overhangs, awnings, canopies, or
arcades between eight (8) and twelve (12) feet above the
sidewalk.
(iv) Window fenestration per subsection
(a)(1) of this section.
(5) Building Size. Structures shall not exceed
twenty thousand (20,000) square feet in ground floor
area.
(6) Blank Facades. Building facades shall not
present a blank facade to view from public rights-of-
way, common parking areas, or residential properties.
Such facades may be broken by windows, trellises, col-
umns, variations in plane, or other devices that add vari-
ation and interest to the facade.
(7) Structures at the intersection of two (2)
arterial streets shall include a significant architectural
feature at the building corner that provides visual
emphasis at the corner. This may be accomplished in
one or more of the following ways:
(i) The inclusion of a major entryway at
the corner. Such entryways must be marked by an
awning, recessed area, colonnade, or other architectural
feature that defines the entry.
(ii) The inclusion of a building element
the height of which varies from the remainder of the
building by at least ten (10) percent.
(iii) A plaza at the corner that includes a
fountain, artwork, or planting of at least ten (10) feet in
height.
(b) Site Design. In addition to other guidelines
provided in this chapter, site design shall meet the fol-
lowing requirements:
(1) Retail structures shall not be set back more
than ten (10) feet from the public right-of-way. In addi-
tion, retail structures shall be either mixed use structures
with residential or office uses above or be constructed so
as to allow future addition of at least one additional story
containing residential or office uses.
(2) Street trees shall be provided within the
front yard setback or in the sidewalk along any facade
facing a major arterial. Trees placed in the sidewalk
shall be provided with street grates at the sidewalk level
providing a continuous walking surface to within six (6)
inches of the tree base. Trees shall be spaced per Chap-
ter 20.50 BMC and be: of a species appropriate for loca-
tion near or in sidewalks; of a species allowing pruning
of lower branches in a manner necessary to keep the
sidewalk clear of obstruction to a height of at least six
(6) feet; and capable of attaining at least twenty (20) feet
in height at maturity. Trees shall not be less than two (2)
inch caliper at time of planting.
(3) Circulation. Clearly defined pedestrian
and vehicle circulation routes shall be provided such
that all portions of the site are linked.
(4) Storage. Outside storage of any kind is
prohibited with the exception of garbage cans and/or
dumpsters. Garbage cans and dumpsters shall be placed
in an enclosure as per BMC 20.46.120. No garbage
enclosure shall be permitted between a street and the
front of a building. (Ord. 4950 § 8 (Exh. A) (part), 2005)
20.66.080 PARKING REQUIREMENTS.
Parking shall meet the standards of Chapter 20.48
BMC and the following requirements:
(a) For nonresidential uses, the minimum parking
requirement is one (1) space per employee, plus one (1)
handicapped-accessible space;
(b) On-site parking for nonresidential uses shall
not exceed one (1) space per three hundred (300) square
feet of floor area;
20.66-3 (Revised 12/05)
Bremerton Municipal Code 20.66.100
(c) On-site parking shall be to the rear of buildings
facing the arterial street;
(d) Access to parking shall be provided from the
adjacent public facilities per the following priority:
(1) First, from an alley if available;
(2) If an alley is not available, from a nonarte-
rial street, if available;
(3) If neither an alley nor a nonarterial street
are available, from an arterial;
Project applicants shall be required to demonstrate
to the satisfaction of the City that access design has been
considered with the preceding priorities. The applicant
shall demonstrate that the proposed access is provided
from the highest priority facility per the above list;
(e) Driveways providing access to parking shall be
well marked;
(f) Reduction in number of required parking
spaces. The Director may reduce the number of required
parking spaces on a site by up to ten (10) when a
remodel, expansion, alteration, or change in the use or
tenancy of an existing building occurs, provided:
(1) For sites with multiple uses or structures,
the reduction shall be applied to the entire site and not to
individual uses.
(2) When a use is nonconforming to the
required number of off-street parking spaces, it shall not
be allowed to reduce the number of existing spaces.
(Ord. 4950 § 8 (Exh. A) (part), 2005)
20.66.090 LANDSCAPING REQUIREMENTS.
Landscaping shall meet the standards of Chapter
20.50 BMC. (Ord. 4950 § 8 (Exh. A) (part), 2005)
20.66.100 SIGN STANDARDS.
Signs shall meet the standards of Chapter 20.52
BMC. For freestanding signs, the maximum size and
height standards of Figure 20.52(a) shall apply. (Ord.
4950 § 8 (Exh. A) (part), 2005)
20.70-1 (Revised 12/05)
Bremerton Municipal Code 20.70.060
Chapter 20.70
DISTRICT CENTER CORE (DCC)
Sections:
20.70.010 INTENT.
20.70.020 OUTRIGHT PERMITTED USES.
20.70.050 PROHIBITED USES.
20.70.060 DEVELOPMENT STANDARDS.
20.70.070 DESIGN STANDARDS.
20.70.080 PARKING REQUIREMENTS.
20.70.090 LANDSCAPING
REQUIREMENTS.
20.70.100 SIGN STANDARDS.
20.70.010 INTENT.
The intent of the district center core (DCC) zone is
to establish base threshold standards for district centers
that preserve future opportunity for full realization of
the centers concept. The DCC designation assumes that
future amendments to the zoning code will more fully
implement the centers intent. (Ord. 4950 § 8 (Exh. A)
(part), 2005)
20.70.020 OUTRIGHT PERMITTED USES.
The following uses are permitted outright:
(a) Bed and breakfast;
(b) Co-location of wireless telecommunications
facility per BMC 20.46.140;
(c) Community facility;
(d) Day care facility;
(e) Drinking place;
(f) Entertainment use;
(g) Finance, insurance and real estate;
(h) General office and business services;
(i) General retail;
(j) Group residential facilities - Class I;
(k) Hotel and lodging place;
(l) Medical office and clinic;
(m) Motion picture theater;
(n) Museum and gallery;
(o) Nursing/convalescent home;
(p) Park, playground and open space;
(q) Personal services business;
(r) Physical fitness and health club;
(s) Public or private park, playground or open
space;
(t) Public administration;
(u) Residential as a secondary use;
(v) Restaurant;
(w) School and education;
(x) Senior housing complex;
(y) Transportation facility. (Ord. 4950 § 8 (Exh.
A) (part), 2005)
20.70.050 PROHIBITED USES.
(a) Drive-through lanes. (Ord. 4950 § 8 (Exh. A)
(part), 2005)
20.70.060 DEVELOPMENT STANDARDS.
Lot development shall be in accordance with the
following unless allowed for otherwise by law:
(a) Front yard setback: no minimum front yard set-
back. The maximum front yard setback is ten (10) feet.
At least eighty (80) percent of a building’s front facade
shall meet the maximum front yard setback.
(b) Side yard setback: zero (0) from nonresidential
zones, and ten (10) feet from the low density residential
(R-10) zone.
(c) Rear yard setback: zero (0) from nonresidential
zones, and ten (10) feet from the low density residential
(R-10) zone.
(d) There is no maximum density for residential as
a secondary use.
(e) Maximum building coverage: sixty (60) per-
cent base maximum; provided, that through the use of
any combination of the following, building coverage
may be increased up to eighty-five (85) percent maxi-
mum:
(1) Projects containing mixed uses: ten (10)
percent bonus.
(2) Projects with a three (3) or four (4) story
building: ten (10) percent bonus.
(3) Projects providing a pedestrian-oriented
plaza or area of at least one hundred fifty (150) square
feet along a pedestrian walkway at an intersection cor-
ner, bus stop or other key pedestrian area approved by
the city. Such areas shall contain seating for at least four
(4) people, a trash receptacle and three (3) or more of the
following: a pedestrian shelter, a drinking fountain, a
bike rack, pedestrian-scale lights, pavers on the walk-
way surfaces, a kiosk, a street vendor station providing
food or beverages, trees, an appropriately sized statue or
sculpture, or a public restroom. Interior courtyards with
these amenities qualify if they would be readily apparent
and accessible to pedestrians on adjoining sidewalks:
twenty (20) percent bonus.
(4) Projects providing a through-block corri-
dor that facilitates pedestrian access in a location
approved by the city: five (5) percent bonus.
(5) Projects providing at least fifty (50) per-
cent of their required parking underground or within the
building: twenty (20) percent bonus.
(f) Maximum lot coverage: maximum lot cover-
age by impervious surfaces, seventy-five (75) percent;
provided, that through the use of any combination of the
mechanisms listed in subsections (e)(1) through (5) of
this section, up to ninety-five (95) percent maximum
development coverage may be allowed.
(Revised 12/05)20.70-2
20.70.070
(g) Maximum building height: fifty (50) feet.
(Ord. 4950 § 8 (Exh. A) (part), 2005)
20.70.070 DESIGN STANDARDS.
(a) Building Design.
(1) To enhance the pedestrian environment,
commercial uses shall include large windows along any
facade facing the public sidewalk or sidewalks provid-
ing circulation within a site. Windows shall allow views
into interior building spaces. At least seventy-five (75)
percent of all such facades, measured to ten (10) feet
above the sidewalk or surface grade, shall be comprised
of such windows.
(2) At least one (1) of the following amenities
shall be required along building facades facing the pub-
lic sidewalk: outdoor eating areas, street furniture such
as benches, bike racks and trash receptacles, and plant-
ings in window boxes.
(3) Building entrances shall be easily identifi-
able from the street and sidewalks. This may be accom-
plished by:
(i) Ornamentation and/or architectural
detailing around the door; and
(ii) One (1) or more of the following tech-
niques:
(A) Recessing the entrance area at
least three (3) feet;
(B) An entrance area that protrudes at
least three (3) feet;
(C) A canopy, portico or overhang
extending at least five (5) feet over the sidewalk in the
entrance area.
(4) Bulk. Building modulation shall be used
to reduce the appearance of mass and bulk of the struc-
ture. This can be achieved by utilizing any combination
of at least two (2) of the following:
(i) Setback of upper floors by at least ten
(10) feet. However, such setbacks shall not be applied to
more than fifty (50) percent of a facade facing a major
arterial.
(ii) Recessed or protruding doorways per
subsection (a)(3)(ii) of this section.
(iii) Overhangs, awnings, canopies, or
arcades between eight (8) and twelve (12) feet above the
sidewalk.
(iv) Window fenestration per subsection
(a)(1) of this section.
(5) Blank Facades. Building facades shall not
present a blank facade to view from public rights-of-
way, common parking areas, or residential properties.
Such facades may be broken by windows, trellises, col-
umns, variations in plane, or other devices that add vari-
ation and interest to the facade.
(6) Structures at the intersection of two (2)
arterial streets shall include a significant architectural
feature at the building corner that provides visual
emphasis at the corner. This may be accomplished in
one (1) or more of the following ways:
(i) The inclusion of a major entryway at
the corner. Such entryways must be marked by an
awning, recessed area, colonnade, or other architectural
feature that defines the entry.
(ii) The inclusion of a building element
the height of which varies from the remainder of the
building by at least ten (10) percent.
(iii) A plaza at the corner that includes a
fountain, artwork, or planting of at least ten (10) feet in
height.
(b) Site Design. In addition to other standards pro-
vided in this chapter, site design shall meet the follow-
ing requirements:
(1) No less than thirty (30) percent of the
frontage of a site along arterial streets, as measured in
lineal feet, shall be occupied by commercial structures
set back ten (10) feet or less from a public right-of-way.
In addition, such commercial structures shall be either
mixed use structures with residential or office uses
above or be constructed so as to allow future addition of
at least two (2) additional stories containing residential
or office uses.
(2) Street trees shall be provided within the
front yard setback or in the sidewalk along any facade
facing a major arterial. Trees placed in the sidewalk
shall be provided with street grates at the sidewalk level
providing a continuous walking surface to within six (6)
inches of the tree base. Trees shall be spaced per Chap-
ter 20.50 BMC and be: of a species appropriate for loca-
tion near or in sidewalks; of a species allowing pruning
of lower branches in a manner necessary to keep the
sidewalk clear of obstruction to a height of at least six
(6) feet; and capable of attaining at least twenty (20) feet
in height at maturity. Trees shall not be less than two (2)
inch caliper at time of planting.
(3) Circulation. Clearly defined pedestrian
and vehicle circulation routes shall be provided such
that all portions of the site are linked.
(4) Storage. Outside storage of any kind is
prohibited with the exception of garbage cans and/or
dumpsters. Garbage cans and dumpsters shall be placed
in an enclosure per BMC 20.46.120. No garbage enclo-
sure shall be permitted between a street and the front of
a building. (Ord. 4950 § 8 (Exh. A) (part), 2005)
20.70.080 PARKING REQUIREMENTS.
Parking shall meet the standards of Chapter 20.48
BMC and the following requirements:
20.70-3 (Revised 12/05)
Bremerton Municipal Code 20.70.100
(a) For nonresidential uses, the minimum parking
requirement is one (1) space per employee, plus one (1)
handicapped-accessible space.
(b) On-site parking for nonresidential uses shall
not exceed one (1) space per three hundred (300) square
feet of floor area.
(c) On-site parking shall be to the rear of buildings
facing the arterial street.
(d) Access to parking shall be provided from the
adjacent public facilities per the following priority:
(1) First, from an alley if available;
(2) If an alley is not available, from a nonarte-
rial street, if available;
(3) If neither an alley nor a nonarterial street
are available, from an arterial.
(e) Project applicants shall be required to demon-
strate to the satisfaction of the City that access design
has been considered with the preceding priorities. The
applicant shall demonstrate that the proposed access is
provided from the highest priority facility per the above
list.
(f) Driveways providing access to parking shall be
well marked.
(g) Reduction in number of required parking
spaces. The Director may reduce the number of required
parking spaces on a site by up to ten (10) when a
remodel, expansion, alteration, or change in the use or
tenancy of an existing building occurs, provided:
(1) For sites with multiple uses or structures,
the reduction shall be applied to the entire site and not to
individual uses.
(2) When a use is nonconforming to the
required number of off-street parking spaces, it shall not
be allowed to reduce the number of existing spaces.
(Ord. 4950 § 8 (Exh. A) (part), 2005)
20.70.090 LANDSCAPING REQUIREMENTS.
Landscaping shall meet the standards of Chapter
20.50 BMC. (Ord. 4950 § 8 (Exh. A) (part), 2005)
20.70.100 SIGN STANDARDS.
Signs shall meet the standards of Chapter 20.52
BMC. For freestanding signs, the maximum size and
height standards of Figure 20.52(a) shall apply. (Ord.
4950 § 8 (Exh. A) (part), 2005)
20.74-1 (Revised 12/05)
Bremerton Municipal Code 20.74.070
Chapter 20.74
BUSINESS CORE (BC)
Sections:
20.74.010 INTENT.
20.74.020 OUTRIGHT PERMITTED USES.
20.74.060 DEVELOPMENT STANDARDS.
20.74.070 DESIGN STANDARDS.
20.74.080 PARKING REQUIREMENTS.
20.74.100 SIGN STANDARDS.
20.74.010 INTENT.
The intent of this zone is to offer well-integrated
employment, shopping and residential opportunities as
an integral part of the downtown regional center. Long-
term surface parking and other automobile-related uses
are discouraged. Pedestrian-oriented day and nighttime
activities are encouraged. Residential uses are highly
encouraged, particularly on upper floors and around the
periphery of the zone. (Ord. 4950 § 8 (Exh. A) (part),
2005)
20.74.020 OUTRIGHT PERMITTED USES.
The following uses are permitted:
(a) Accessory parking facility;
(b) Bed and breakfast;
(c) Co-location of wireless telecommunications
facility per BMC 20.46.140;
(d) Communication/broadcasting facility;
(e) Community facility;
(f) Day care facility;
(g) Detoxification center;
(h) Finance, insurance and real estate;
(i) General office and business services;
(j) General retail;
(k) Group residential facilities - Class I;
(l) Hotel and lodging place;
(m) Indoor automobile sales, service, repair, or car
wash;
(n) Indoor entertainment use;
(o) Indoor recreational facility;
(p) Medical office and clinic;
(q) Motion picture theater;
(r) Museum and gallery;
(s) Parking structure;
(t) Personal services business;
(u) Physical fitness and health club;
(v) Public or private park, playground or open
space;
(w) Public administration;
(x) Public facility;
(y) Residential use of all types;
(z) Restaurant and drinking place;
(aa) School and education use;
(bb)Social services facility;
(cc) Transportation facility;
(dd)Welfare and charitable services and facility;
(ee) Worship and religious facility. (Ord. 4950 § 8
(Exh. A) (part), 2005)
20.74.060 DEVELOPMENT STANDARDS.
Lot development requirements shall be in accor-
dance with the following standards, unless allowed for
by law otherwise:
(a) There is no maximum density for residential
uses;
(b) Maximum height is pursuant to Figure
20.74(a);
(c) Maximum front yard setback is ten (10) feet.
At least eighty (80) percent of a building’s front facade
must meet the maximum front yard setback;
(d) There are no minimum requirements for build-
ing coverage, development coverage, lot size or lot
width;
(e) Minimum side yard setback: zero (0), except
ten (10) feet where abutting the low density residential
(R-10) zone;
(f) Minimum rear yard setback: zero (0), except
ten (10) feet where abutting the low density residential
(R-10) zone. (Ord. 4950 § 8 (Exh. A) (part), 2005)
20.74.070 DESIGN STANDARDS.
(a) Rooftop Screening. Either a high parapet or a
stepped or sloped roof form which is a part of the archi-
tecture of the building and is at least as high as the
equipment shall screen all rooftop mechanical equip-
ment.
(b) Landscaping. Landscaping shall be provided in
accordance with the following standards:
(1) Street trees shall be provided at no less
than three (3) trees per one hundred (100) linear feet of
lineal street frontage. Performance standards shall be
pursuant to Chapter 20.50 BMC.
(2) Surface parking areas, if they abut public
sidewalks, shall provide a perimeter landscaping strip
containing a combination of trees (with no fewer than
three (3) trees per one hundred (100) linear feet of front-
age), and shrubs. Masonry walls no lower than fifteen
(15) inches and no higher than thirty (30) inches may be
substituted for shrubs.
(c) Screening of Parking. The street-facing,
ground-level facades of parking garages shall be
designed to screen the view of parked cars. Where com-
mercial or residential space is not available to accom-
plish this, features such as planters, decorative grilles, or
works of art shall be used.
(d) Building Facade. Any building facade facing a
public sidewalk shall incorporate more refined materials
(Revised 12/05)20.74-2
20.74.080
such as stone or brick and details such as pilasters,
plinths, brackets, or belt courses on at least the first
floor. The first floor shall be considered the area of the
building facade approximately fifteen (15) feet in height
above the street grade.
(e) Distinctive Design. Buildings taller than four
(4) stories shall display a distinctive design for the top
of the building that can be achieved by various means,
including a change in materials, architectural detail,
color, or stepbacks at the top floor, a prominent project-
ing cornice, or a roof with a form such as a curve, slope,
or peak.
(f) Change of Use or Rehabilitation of Existing
Building. When an existing building or structure is
remodeled, improved or has a change in use or tenancy,
it shall be exempt from off-street parking and landscap-
ing requirements; provided, that:
(1) The structure is not enlarged, extended or
structurally altered outside the existing building enve-
lope in a manner that would require additional parking
pursuant to Chapter 20.48 BMC;
(2) Interior alterations within the envelope of
the building do not increase the existing net floor area by
more than twenty-five (25) percent; and
(3) Existing site improvements and/or the
building create such a restriction on the land that land-
scaping and parking cannot be reasonably accommo-
dated. (Ord. 4950 § 8 (Exh. A) (part), 2005)
20.74.080 PARKING REQUIREMENTS.
Parking shall meet the standards of Chapter 20.48
BMC. (Ord. 4950 § 8 (Exh. A) (part), 2005)
20.74.100 SIGN STANDARDS.
Signage shall meet the standards of Chapter 20.52
BMC. For freestanding signs, the maximum size and
height standards of Figure 20.52(a) shall apply. (Ord.
4950 § 8 (Exh. A) (part), 2005)
20.74-3 (Revised 12/05)
Bremerton Municipal Code Figure 20.74(a)
Figure 20.74(a)
Downtown Regional Center Maximum Building Heights
(Ord. 4950 § 8 (Exh. A) (part), 2005)
20.75-1 (Revised 12/05)
Bremerton Municipal Code 20.75.060
Chapter 20.75
DOWNTOWN CORE
Sections:
20.75.010 INTENT.
20.75.020 OUTRIGHT PERMITTED USES.
20.75.050 PROHIBITED USES.
20.75.060 DEVELOPMENT STANDARDS.
20.75.065 AMENITIES FOR MAXIMUM
FLOOR AREA RATIO.
20.75.070 DESIGN STANDARDS.
20.75.080 PARKING REQUIREMENTS.
20.75.090 LANDSCAPING.
20.75.100 SIGN STANDARDS.
20.75.110 CHANGE OF USE OR
REHABILITATION OF
EXISTING BUILDING.
20.75.010 INTENT.
The intent of this zone is to focus commercial,
entertainment, cultural, civic uses and urban residential
into an intense, compact, walkable area served by public
transit. (Ord. 4950 § 8 (Exh. A) (part), 2005)
20.75.020 OUTRIGHT PERMITTED USES.
The following uses are permitted outright:
(a) Community facility;
(b) Drinking place;
(c) Education and school;
(d) Entertainment use;
(e) Finance, insurance and real estate;
(f) General retail;
(g) General office and business service;
(h) Hotel and lodging place;
(i) Medical office and clinic;
(j) Motion picture theater;
(k) Museum and gallery;
(l) Park, playgrounds and open space;
(m) Parking structure;
(n) Personal service business;
(o) Public administration;
(p) Restaurant;
(q) Residential uses of all types;
(r) Transportation facility;
(s) Worship and religious facilities. (Ord. 4950 § 8
(Exh. A) (part), 2005)
20.75.050 PROHIBITED USES.
The following uses are specifically prohibited:
(a) Light and heavy industrial/manufacturing
uses;
(b) Drive-through facility;
(c) Automobile sales, service, repair or car wash;
(d) Storage of equipment and materials;
(e) Adult entertainment;
(f) Work release facility;
(g) Commercial surface parking lot not serving a
permitted use. (Ord. 4950 § 8 (Exh. A) (part), 2005)
20.75.060 DEVELOPMENT STANDARDS.
(a) Development shall comply with the following
floor area ratio, which is the net floor area divided by the
lot area:
(1) The floor area ratio of all residential uses
shall not exceed two (2);
(2) The floor area ratio of all nonresidential
uses shall not exceed one (1);
(3) The floor area ratio of residential uses may
be increased to six (6) when an amenity is provided pur-
suant to BMC 20.75.065;
(4) The floor area ratio of nonresidential uses
may be increased to three (3) when an amenity is pro-
vided pursuant to BMC 20.75.065;
(5) All new development shall have a mini-
mum floor area ratio of one (1);
(6) For the purposes of this chapter, hotels
shall be considered residential uses;
(7) The floor area ratio for nonresidential uses
and residential uses within a given development are
individually calculated for each use and may be added
together for a combined maximum; provided, that the
maximum allowable floor area ratio for each use is not
exceeded. (Example: A project that includes special
amenities may have a total floor area ratio of six (6),
with two (2) in commercial use and four (4) in residen-
tial use.);
(8) For the purposes of this chapter, "net floor
area" is the amount of floor area within a building as
measured to the inside face of the exterior building
walls, excluding the following:
(i) Spaces below grade;
(ii) Space devoted to parking;
(iii) Mechanical spaces;
(iv) Elevator and stair shafts;
(v) Space used for retail uses or restau-
rants that front the sidewalk;
(vi) Space devoted to special amenities;
(vii)Exterior decks open to the air.
(b) Maximum building height is pursuant to Fig-
ure 20.74(a). For the purpose of this chapter, the maxi-
mum building height may exclude:
(1) Parapets;
(2) Mechanical penthouses and elevator over-
runs and machine rooms; and
(3) Roof forms and decorative elements not
intended for occupancy. (Ord. 4950 § 8 (Exh. A) (part),
2005)
(Revised 12/05)20.75-2
20.75.065
20.75.065 AMENITIES FOR MAXIMUM
FLOOR AREA RATIO.
A special amenity is required to be provided when-
ever a proposed development increases its floor area
ratio above the base and up to the maximum allowed
pursuant to BMC 20.75.060. The design of each feature
will be reviewed to ensure that it is appropriate for the
proposed location and provides for a public benefit. One
(1) of the following may meet the requirement for a spe-
cial amenity:
(a) Exterior public space that meets the following
design standards:
(1) The space is at least ten (10) percent of the
site area;
(2) Seating is provided at one (1) space for
each one hundred (100) square feet of area;
(3) Incorporates a variety of trees and other
plantings;
(4) Includes art or water features;
(5) Has solar exposure during the summer;
and
(6) Provides access and visibility from the
nearest public sidewalk.
(b) Public benefit consisting of at least one (1) of
the following:
(1) Meeting room(s) available to the public;
(2) Day care;
(3) Museum; or
(4) Performing arts theater.
(c) Work of art or water feature that meets the fol-
lowing requirements:
(1) The feature is located in an area that is vis-
ible to the public at all times;
(2) The cost of the item(s) is equivalent to at
least one (1) percent of the building permit value for the
project, including site improvements;
(3) A work of art consisting of an original, art-
ist-produced creation such as:
(i) Murals;
(ii) Sculptures;
(iii) Paintings;
(iv) Inlays;
(v) Friezes;
(vi) Mosaics; and/or
(vii)Tile work. (Ord. 4950 § 8 (Exh. A)
(part), 2005)
20.75.070 DESIGN STANDARDS.
(a) Rooftop Screening. Either a high parapet or a
stepped or sloped roof form which is a part of the archi-
tecture of the building and is at least as high as the
equipment shall screen all rooftop mechanical equip-
ment. Fencing is not acceptable.
(b) Screening of Parking. The street-facing,
ground-level facades of parking garages shall be
designed to screen the view of parked cars. Where com-
mercial or residential space is not available to accom-
plish this, features such as planters, decorative grilles, or
works of art shall be used.
(c) Building Facade.
(1) Any building facade facing a public side-
walk shall incorporate more refined materials such as
stone or brick and details such as pilasters, plinths,
brackets, or belt courses on at least the first floor. The
first floor shall be considered the area of the building
facade approximately fifteen (15) feet in height above
the street grade.
(2) Any sidewalk-level facade that faces any
downtown street shall have at least thirty-five (35) per-
cent of the facade area in transparent glass windows.
(d) Distinctive Design. Buildings taller than four
(4) stories shall display a distinctive design for the top
of the building that can be achieved by various means
including a change in materials, architectural detail,
color, or stepbacks at the top floor, a prominent project-
ing cornice, or a roof with a form such as a curve, slope,
or peak.
(e) Primary Pedestrian Streets. All development
west of Washington Avenue that is located along First,
Second, Fourth, and Fifth Street, Burwell, Pacific and
Park Avenue shall additionally meet the following stan-
dards:
(1) Building facades shall abut the sidewalk,
except entrance areas may be recessed. Furthermore,
buildings may be set back to accommodate exterior pub-
lic spaces pursuant to BMC 20.75.065.
(2) At least fifty (50) percent of the linear,
sidewalk-level frontage of any structure shall consist of,
or be adaptable to, retail, restaurants, cultural or enter-
tainment uses, financial institutes, office, indoor public
spaces, or art galleries; and
(3) At least seventy-five (75) percent of the
frontage shall include weather protection in the form of
a flat or sloped canopy, projecting at least five (5) feet
over the sidewalk. (Ord. 4950 § 8 (Exh. A) (part), 2005)
20.75.080 PARKING REQUIREMENTS.
In addition to the off-street parking requirements
set forth in Chapter 20.48 BMC, the automobile off-
street parking spaces shall be provided in accordance
with the following standards:
(a) Nonresidential uses shall provide at least one
(1), but not more than four (4), off-street parking space
per one thousand (1,000) square feet of gross floor area.
(b) Residential uses shall provide at least one-half
(0.5) off-street parking space per one thousand (1,000)
square feet of gross floor area.
20.75-3 (Revised 12/05)
Bremerton Municipal Code 20.75.110
(c) The first three thousand (3,000) square feet of
gross ground floor retail area shall be exempt from off-
street parking requirements. (Ord. 4950 § 8 (Exh. A)
(part), 2005)
20.75.090 LANDSCAPING.
For the purposes of this chapter, landscaping shall
be provided in accordance with the following standards:
(a) Street trees shall be provided with no fewer
than three (3) trees per one hundred (100) linear feet of
frontage. Tree grates shall be used to cover the planting
pits. Where existing areaways or vaults prevent this
form of planting, trees shall be planted in planters
equipped with irrigation. All trees shall have a minimum
caliper of two and one-half (2.5) inches at the time of
planting.
(b) Surface parking lots, if they abut public side-
walks, shall provide a perimeter landscaping strip con-
taining a combination of trees (with no fewer than three
(3) trees per one hundred (100) linear feet of frontage)
and shrubs. Masonry walls no lower than fifteen (15)
inches nor higher than thirty (30) inches may be substi-
tuted for shrubs.
(c) For parking lots containing more than twenty
(20) stalls, at least fifteen (15) percent of the interior
area shall be planted with trees and shrubs. All trees
shall have a minimum caliper of two and one-half (2.5)
inches at the time of planting. Pedestrian walkways
from adjacent sidewalks shall be provided. (Ord. 4950
§ 8 (Exh. A) (part), 2005)
20.75.100 SIGN STANDARDS.
Signage shall meet the standards of Chapter 20.52
BMC. For freestanding signs the maximum size and
height standards of Figure 20.52(a) shall apply. (Ord.
4950 § 8 (Exh. A) (part), 2005)
20.75.110 CHANGE OF USE OR
REHABILITATION OF EXISTING
BUILDING.
When an existing building or structure is remod-
eled, improved or a change in use or tenancy occurs, it
shall be exempt from off-street parking and landscaping
requirements; provided, that:
(a) The structure is not enlarged, extended or
structurally altered outside the existing building enve-
lope in a manner that would require additional parking
pursuant to BMC 20.48.020(c);
(b) Interior alterations to the envelope of the build-
ing do not increase the existing net floor area by more
than twenty-five (25) percent. (Ord. 4950 § 8 (Exh. A)
(part), 2005)
20.76-1 (Revised 12/05)
Bremerton Municipal Code 20.76.060
Chapter 20.76
DOWNTOWN WATERFRONT
Sections:
20.76.010 INTENT.
20.76.020 OUTRIGHT PERMITTED USES.
20.76.050 PROHIBITED USES.
20.76.060 DEVELOPMENT STANDARDS.
20.76.065 AMENITIES FOR MAXIMUM
FLOOR AREA RATIO.
20.76.070 DESIGN STANDARDS.
20.76.080 PARKING REQUIREMENTS.
20.76.090 LANDSCAPING
REQUIREMENTS.
20.76.100 SIGN STANDARDS.
20.76.110 CHANGE OF USE OR
REHABILITATION OF
EXISTING BUILDING.
20.76.010 INTENT.
The intent of this zone is to provide for an array of
uses related to the water, multimodal transportation
facilities, view corridors, public access and residential.
(Ord. 4950 § 8 (Exh. A) (part), 2005)
20.76.020 OUTRIGHT PERMITTED USES.
The following uses are permitted outright:
(a) Drinking places;
(b) General office and business services compris-
ing no more than twenty-five (25) percent of the total
gross floor area of a mixed use development;
(c) General retail, including marine retail;
(d) Hotels and lodging places;
(e) Parks, playgrounds and open spaces;
(f) Residential uses of all types;
(g) Restaurants;
(h) Structured parking with other permitted uses;
(i) Transportation facilities. (Ord. 4950 § 8 (Exh.
A) (part), 2005)
20.76.050 PROHIBITED USES.
The following uses are specifically prohibited:
(a) Adult entertainment;
(b) Automobile sales, service, repair and car wash;
(c) Boat sales, storage and repair;
(d) Commercial surface parking lots not serving a
permitted use;
(e) Drive-through facilities and drive-through
lanes;
(f) Light and heavy industrial/manufacturing
uses;
(g) Stand-alone commercial parking not serving a
permitted use;
(h) Storage of equipment and materials;
(i) Work release facilities. (Ord. 4950 § 8 (Exh.
A) (part), 2005)
20.76.060 DEVELOPMENT STANDARDS.
(a) Development shall comply with the following
floor area ratio, which is the net floor area divided by the
lot area:
(1) The floor area ratio of all residential uses
shall not exceed one (1);
(2) The floor area ratio of all nonresidential
uses shall not exceed one-half (0.5);
(3) The floor area ratio of residential uses may
be increased to two (2) when an amenity is provided
pursuant to BMC 20.76.065;
(4) The floor area ratio of nonresidential uses
may be increased to one (1) when an amenity is pro-
vided pursuant to BMC 20.76.065;
(5) For the purposes of this chapter, hotels
shall be considered residential uses;
(6) The floor area ratio for nonresidential uses
and residential uses within a given development are
individually calculated for each use and may be added
together for a combined maximum; provided, that the
maximum allowable floor area ratio for each use is not
exceeded. (Example: A project that includes special
amenities may have a total floor area ratio of six (6),
with two (2) in commercial use and four (4) in residen-
tial use.);
(7) For the purposes of this chapter, "net floor
area" is the amount of floor area within a building as
measured to the inside face of the exterior building
walls, excluding the following:
(i) Spaces below grade;
(ii) Space devoted to parking;
(iii) Mechanical spaces;
(iv) Elevator and stair shafts;
(v) Space used for retail uses or restau-
rants that front the sidewalk;
(vi) Space devoted to special amenities;
(vii)Exterior decks open to the air.
(b) Maximum building height is pursuant to Fig-
ure 20.74(a). For the purpose of this chapter, the maxi-
mum building height may exclude:
(1) Parapets;
(2) Mechanical penthouses and elevator over-
runs and machine rooms; and
(3) Roof forms and decorative elements not
intended for occupancy.
(c) View corridors shall be provided pursuant to
the requirements of the Shoreline Master Program.
(Ord. 4950 § 8 (Exh. A) (part), 2005)
(Revised 12/05)20.76-2
20.76.065
20.76.065 AMENITIES FOR MAXIMUM
FLOOR AREA RATIO.
A special amenity is required to be provided when-
ever a proposed development increases its floor area
ratio above the base and up to the maximum allowed
pursuant to BMC 20.76.060. The design of each feature
will be reviewed to ensure that it is appropriate for the
proposed location and provides for a public benefit. One
of the following may meet the requirement for a special
amenity:
(a) Exterior public space that meets the following
design standards:
(1) The space is at least ten (10) percent of the
site area;
(2) Seating is provided at one (1) space for
each one hundred (100) square feet of area;
(3) Incorporates a variety of trees and other
plantings;
(4) Includes art or water features;
(5) Has solar exposure during the summer;
and
(6) Provides access and visibility from the
nearest public sidewalk.
(b) Public benefit consisting of at least one (1) of
the following:
(1) Meeting room(s) available to the public;
(2) Day care;
(3) Museum; or
(4) Performing arts theater.
(c) Work of art or water feature that meets the fol-
lowing requirements:
(1) The feature is located in an area that is vis-
ible to the public at all times;
(2) The cost of the item(s) is equivalent to at
least one (1) percent of the building permit value for the
project, including site improvements;
(3) A work of art consisting of an original, art-
ist-produced creation such as:
(i) Murals;
(ii) Sculptures;
(iii) Paintings;
(iv) Inlays;
(v) Friezes;
(vi) Mosaics; and/or
(vii)Tile work. (Ord. 4950 § 8 (Exh. A)
(part), 2005)
20.76.070 DESIGN STANDARDS.
(a) Rooftop Screening. Either a high parapet or a
stepped or sloped roof form which is a part of the archi-
tecture of the building and is at least as high as the
equipment shall screen all rooftop mechanical equip-
ment. Fencing is not acceptable.
(b) Screening of Parking. The street-facing,
ground-level facades of parking garages shall be
designed to screen the view of parked cars. Where com-
mercial or residential space is not available to accom-
plish this, features such as planters, decorative grilles, or
works of art shall be used.
(c) Building Facade.
(1) Any building facade facing a public side-
walk shall incorporate more refined materials such as
stone or brick and details such as pilasters, plinths,
brackets, or belt courses on at least the first floor. The
first floor shall be considered the area of the building
facade approximately fifteen (15) feet in height above
the street grade.
(2) Any sidewalk level facade that faces any
downtown street shall have at least thirty-five (35) per-
cent of the facade area in transparent glass windows.
(d) Distinctive Design. Buildings taller than four
(4) stories shall display a distinctive design for the top
of the building that can be achieved by various means
including a change in materials, architectural detail,
color, or stepbacks at the top floor, a prominent project-
ing cornice, or a roof with a form such as a curve, slope,
or peak.
(e) Primary Pedestrian Streets. All development
west of Washington Avenue that is located along First,
Second, Fourth, and Fifth Street, Burwell, Pacific and
Park Avenue shall additionally meet the following stan-
dards:
(1) Building facades shall abut the sidewalk,
except entrance areas may be recessed. Furthermore,
buildings may be set back to accommodate exterior pub-
lic spaces pursuant to BMC 20.76.065.
(2) At least fifty (50) percent of the linear,
sidewalk-level frontage of any structure shall consist of,
or be adaptable to, retail, restaurants, cultural or enter-
tainment uses, financial institutes, office, indoor public
spaces, or art galleries; and
(3) At least seventy-five (75) percent of the
frontage shall include weather protection in the form of
a flat or sloped canopy, projecting at least five (5) feet
over the sidewalk. (Ord. 4950 § 8 (Exh. A) (part), 2005)
20.76.080 PARKING REQUIREMENTS.
In addition to the off-street parking requirements
set forth in Chapter 20.48 BMC, the automobile off-
street parking spaces shall be provided in accordance to
the following standards:
(a) Nonresidential uses shall provide at least one
(1), but not more than three (3), off-street parking space
per one thousand (1,000) square feet of gross floor area.
(b) Residential uses shall provide at least one-half
(0.5) off-street parking space per one thousand (1,000)
square feet of gross floor area.
20.76-3 (Revised 12/05)
Bremerton Municipal Code 20.76.110
(c) The first three thousand (3,000) square feet of
gross ground floor retail area shall be exempt from off-
street parking requirements. (Ord. 4950 § 8 (Exh. A)
(part), 2005)
20.76.090 LANDSCAPING REQUIREMENTS.
For the purposes of this chapter, landscaping shall
be provided in accordance with the following standards:
(a) Street trees shall be provided with no fewer
than three (3) trees per one hundred (100) linear feet of
frontage. Tree grates shall be used to cover the planting
pits. Where existing areaways or vaults prevent this
form of planting, trees shall be planted in planters
equipped with irrigation. All trees shall have a minimum
caliper of two and one-half (2.5) inches at the time of
planting.
(b) Surface parking lots, if they abut public side-
walks, shall provide a perimeter landscaping strip con-
taining a combination of trees (with no fewer than three
(3) trees per one hundred (100) linear feet of frontage)
and shrubs. Masonry walls no lower than fifteen (15)
inches nor higher than thirty (30) inches may be substi-
tuted for shrubs.
(c) For parking lots containing more than twenty
(20) stalls, at least fifteen (15) percent of the interior
area shall be planted with trees and shrubs. All trees
shall have a minimum caliper of two and one-half (2.5)
inches at the time of planting. Pedestrian walkways
from adjacent sidewalks shall be provided. (Ord. 4950
§ 8 (Exh. A) (part), 2005)
20.76.100 SIGN STANDARDS.
Signage shall meet the standards of Chapter 20.52
BMC. For freestanding signs, the maximum size and
height standards of Figure 20.52(a) shall apply. (Ord.
4950 § 8 (Exh. A) (part), 2005)
20.76.110 CHANGE OF USE OR
REHABILITATION OF EXISTING
BUILDING.
When an existing building or structure is remod-
eled, improved or has a change in use or tenancy, it shall
be exempt from off-street parking and landscaping
requirements; provided, that:
(a) The structure is not enlarged, extended or
structurally altered outside the existing building enve-
lope in a manner that would require additional parking
pursuant to BMC 20.48.020(c);
(b) Interior alterations to the envelope of the build-
ing do not increase the existing net floor area by more
than twenty-five (25) percent. (Ord. 4950 § 8 (Exh. A)
(part), 2005)
20.78-1 (Revised 12/05)
Bremerton Municipal Code 20.78.100
Chapter 20.78
CITY CORE RESIDENTIAL (CCR)
Sections:
20.78.010 INTENT.
20.78.020 OUTRIGHT PERMITTED USES.
20.78.030 ACCESSORY USES.
20.78.040 CONDITIONAL USES.
20.78.060 DEVELOPMENT STANDARDS.
20.78.080 PARKING REQUIREMENTS.
20.78.090 LANDSCAPING
REQUIREMENTS.
20.78.100 SIGN STANDARDS.
20.78.010 INTENT.
The intent of the city core residential (CCR) zone is
to enhance opportunities for significant population
growth in the City core and increase activity levels
along a planned "loop" trail system connecting the two
downtown bridges and three closely related nodes of
future growth. While based on the permitted uses and
development standards of the low density residential (R-
10) zone, the CCR zone also permits higher density
housing, including attached multifamily units, when
developed on large lots in conjunction with a public trail
that links the City’s core centers: Manette neighborhood
center, Harrison employment center, and downtown
regional center. Along with a distinct pedestrian orien-
tation, uses in this zone shall be well served by public
transit. (Ord. 4950 § 8 (Exh. A) (part), 2005)
20.78.020 OUTRIGHT PERMITTED USES.
The following uses are permitted:
(a) Day care facility (twelve (12) or fewer persons
receiving care);
(b) Foster home;
(c) Multi-unit dwelling units and townhouses, pro-
vided:
(1) Within a project comprising ten (10) or
more acres;
(2) Units are developed in conjunction with a
public trail improvement;
(d) Park, playground and open space;
(e) Single-unit dwelling unit, detached;
(f) Single-unit dwelling unit, attached (zero (0) lot
lines) per BMC 20.60.066(b);
(g) Transportation facility. (Ord. 4950 § 8 (Exh.
A) (part), 2005)
20.78.030 ACCESSORY USES.
Permitted accessory uses are those set forth in BMC
20.60.030 (low density residential (R-10) zone). (Ord.
4950 § 8 (Exh. A) (part), 2005)
20.78.040 CONDITIONAL USES.
The following uses may be permitted, provided a
conditional use permit is approved pursuant to BMC
20.58.020. Conditions for approval of the following
uses shall be the standards listed for the corresponding
use in BMC 20.60.040, the conditional uses section of
the low density residential (R-10) zone:
(a) Bed and breakfast;
(b) Class I group residential facilities;
(c) Senior housing complex;
(d) Nursing/convalescent home;
(e) Day care facilities;
(f) Religious worship and related facilities;
(g) Schools, parks and associated facilities of the
types set forth in BMC 20.60.040(j). (Ord. 4950 § 8
(Exh. A) (part), 2005)
20.78.060 DEVELOPMENT STANDARDS.
Development standards shall be in accordance with
the development standards in the low density residential
(R-10) zone set forth in BMC 20.60.060 unless modified
per the following:
(a) Maximum density may be increased to twenty
(20) dwelling units per acre, provided:
(1) Within a project comprising ten (10) or
more acres;
(2) Units are developed in conjunction with a
public trail improvement linking the City’s core centers
as approved by the City;
(3) Units are developed in conjunction with
on-site provisions to improve existing access to public
transit. (Ord. 4950 § 8 (Exh. A) (part), 2005)
20.78.080 PARKING REQUIREMENTS.
Parking shall meet the standards of Chapter 20.48
BMC. (Ord. 4950 § 8 (Exh. A) (part), 2005)
20.78.090 LANDSCAPING REQUIREMENTS.
Landscaping shall meet the standards of Chapter
20.50 BMC. (Ord. 4950 § 8 (Exh. A) (part), 2005)
20.78.100 SIGN STANDARDS.
Signage shall meet the standards of Chapter 20.52
BMC. (Ord. 4950 § 8 (Exh. A) (part), 2005)
20.79-1 (Revised 12/05)
Bremerton Municipal Code 20.79.060
Chapter 20.79
MULTIPLE RESIDENTIAL (MR)
Sections:
20.79.010 INTENT.
20.79.020 OUTRIGHT PERMITTED USES.
20.79.030 ACCESSORY USES.
20.79.040 CONDITIONAL USES.
20.79.060 DEVELOPMENT STANDARDS.
20.79.080 PARKING REQUIREMENTS.
20.79.090 LANDSCAPING
REQUIREMENTS.
20.79.100 SIGN STANDARDS.
20.79.010 INTENT.
The intent of the multiple residential (MR) zone
district is to support the downtown regional center with
opportunities for high density residential use. Attached
multifamily units are encouraged to take advantage of
the unique views and nearby amenities such as shore-
lines, recreational opportunities, or access to ferries and
transit. There is an intentional reduction in parking
requirements and an increase in building coverage to
accommodate high density pedestrian-oriented develop-
ment in this most accessible of neighborhoods. (Ord.
4950 § 8 (Exh. A) (part), 2005)
20.79.020 OUTRIGHT PERMITTED USES.
The following uses are permitted outright:
(a) Co-location of wireless telecommunications
per BMC 20.46.140;
(b) Residential Use. Residential uses include:
(1) Day care facility (twelve (12) or fewer
persons receiving care);
(2) Foster home;
(3) Class I group residential facility;
(4) Multi-unit dwelling units;
(5) Single-unit dwelling unit, attached (zero
(0) lot lines);
(6) Single-unit dwelling unit, detached;
(7) Townhouses. (Ord. 4950 § 8 (Exh. A)
(part), 2005)
20.79.030 ACCESSORY USES.
Permitted accessory uses are those set forth in BMC
20.60.030 (low density residential (R-10) zone). (Ord.
4950 § 8 (Exh. A) (part), 2005)
20.79.040 CONDITIONAL USES.
The following conditional uses shall be permitted
pursuant to BMC 20.58.020, provided the conditional
use complies with the corresponding standard as listed
in BMC 20.60.040 (low density residential (R-10)
zone):
(a) Bed and breakfast;
(b) Senior housing complex;
(c) Nursing/convalescent home;
(d) Day care facilities (more than twelve (12) per-
sons receiving care);
(e) Worship and religious facility;
(f) Schools, parks and associated facilities of the
types set forth in BMC 20.60.040(j). (Ord. 4950 § 8
(Exh. A) (part), 2005)
20.79.060 DEVELOPMENT STANDARDS.
(a) Lot development requirements shall be in
accordance with the following standards unless allowed
for by law otherwise:
(1) Density.
(i) No maximum density;
(ii) Minimum: five (5) dwelling units per
acre;
(2) Setbacks.
(i) Minimum front yard setback: ten (10)
feet;
(ii) Minimum side yard setback: five (5)
feet;
(iii) Minimum rear yard setback: ten (10)
feet;
(iv) Zero (0) lot line development: an
attached single-family dwelling and/or garage structure
may have a shared single side or rear lot line, and a set-
back reduced to zero (0), provided the structure com-
plies with building code fire separation requirements;
(3) Minimum lot area: three thousand (3,000)
square feet;
(4) Maximum height: fifty (50) feet;
(5) Maximum building coverage: eighty (80)
percent.
(b) The following standards shall apply to garages
attached to single-family units and to detached acces-
sory structures:
(1) The maximum garage/carport (attached or
detached) area shall be five hundred (500) square feet of
gross floor area per unit plus ten (10) percent of gross
floor area of a principal residential use;
(2) Maximum area of all accessory structures,
including attached and detached garages, carports,
barns, covered patios, cabanas, gazebos, and incidental
household storage buildings, excluding accessory
dwelling units per BMC 20.46.010, shall be fifty (50)
percent of the gross floor area of the principal use or five
hundred (500) square feet, whichever is greater, subject
to maximum building coverage standards;
(Revised 12/05)20.79-2
20.79.080
(3) Maximum height of detached accessory
structures (including garages): not to exceed the height
of the principal structure;
(4) Setback of detached accessory structures:
per BMC 20.44.060;
(5) When the garage vehicle door entrance
faces the street, it shall have a front yard setback of at
least twenty (20) feet, except as provided in BMC
20.44.020, Traditional front yard. (Ord. 4950 § 8 (Exh.
A) (part), 2005)
20.79.080 PARKING REQUIREMENTS.
Off-street parking shall be provided in accordance
with Chapter 20.48 BMC, except as follows:
(a) Minimum parking requirement: one (1) space
per unit;
(b) Access to parking shall be provided from the
adjacent public facilities per the following priority:
(1) First, from an alley, if available;
(2) If an alley is not available, from a nonarte-
rial street, if available;
(3) If neither an alley nor a nonarterial street
are available, from an arterial;
(c) The applicant shall demonstrate that the pro-
posed access is provided from the highest priority facil-
ity per the above list;
(d) Driveways providing access to parking shall be
well marked;
(e) Reduction in number of required parking
spaces. The Director may reduce the number of required
parking spaces on a site by up to ten (10) when a
remodel, expansion, alteration, or change in the use or
tenancy of an existing building occurs, provided:
(1) For sites with multiple uses or structures,
the reduction shall be applied to the entire site and not to
individual uses;
(2) When a use is nonconforming to the
required number of off-street parking spaces, it shall not
be allowed to reduce the number of existing spaces.
(Ord. 4950 § 8 (Exh. A) (part), 2005)
20.79.090 LANDSCAPING REQUIREMENTS.
Landscaping shall meet the standards of Chapter
20.50 BMC. (Ord. 4950 § 8 (Exh. A) (part), 2005)
20.79.100 SIGN STANDARDS.
Signage shall meet the standards of Chapter 20.52
BMC. (Ord. 4950 § 8 (Exh. A) (part), 2005)
20.80-1 (Revised 12/05)
Bremerton Municipal Code 20.80.060
Chapter 20.80
MASTER DEVELOPMENT (MD)
Sections:
20.80.010 INTENT.
20.80.020 APPLICABILITY.
20.80.030 ESTABLISHMENT OF A
MASTER DEVELOPMENT
ZONE.
20.80.035 MASTER DEVELOPMENT
ZONE BASE STANDARDS.
20.80.040 SUBAREA PLAN REQUIRED.
20.80.050 MASTER DEVELOPMENT
ZONE PERMITTED USES.
20.80.060 GUIDELINES FOR
DEVELOPMENT STANDARDS.
20.80.070 MASTER DEVELOPMENT
ZONE APPLICATION.
20.80.080 SUBAREA PLANS.
20.80.010 INTENT.
The intent of the master development (MD) zone is
to provide large-scale planned development by public
entities or through public-private partnerships which
provide a clear community benefit. These areas are
envisioned for innovative development meeting unique
community needs. Sites shall employ subarea planning
efforts that address compatibility with surrounding uses
and consistency with the Comprehensive Plan. (Ord.
4950 § 8 (Exh. A) (part), 2005)
20.80.020 APPLICABILITY.
The provisions of this chapter may be applied to
lands located within public sector redevelopment site
(PSRS) or employment center (EC) Comprehensive
Plan designations. (Ord. 4950 § 8 (Exh. A) (part), 2005)
20.80.030 ESTABLISHMENT OF A MASTER
DEVELOPMENT ZONE.
A master development zone shall be in effect when
the following steps are completed:
(a) Subarea planning efforts are completed pursu-
ant to BMC 20.80.040;
(b) An ordinance is adopted approving a subarea
plan identified in BMC 20.80.080 and establishing asso-
ciated development standards and regulations for the
subject subarea plan district. A text amendment to BMC
20.80.080 should be made to reference the applicable
ordinance to the subarea plan district;
(c) A site-specific rezone to the master develop-
ment classification is approved pursuant to BMC
20.58.040. (Ord. 4950 § 8 (Exh. A) (part), 2005)
20.80.035 MASTER DEVELOPMENT ZONE
BASE STANDARDS.
If a master development zone has been established
on the official zoning map, all requirements of Chapter
20.60 BMC, Low Density Residential (R-10), shall be in
effect until the following steps are completed:
(a) Subarea planning efforts are completed pursu-
ant to BMC 20.80.040;
(b) An ordinance is adopted approving the subarea
plan identified in BMC 20.80.080 and establishing asso-
ciated development standards and regulations for the
subject subarea plan district. A text amendment to BMC
20.80.080 shall be made to reference the applicable
ordinance to the subarea plan district. (Ord. 4950 § 8
(Exh. A) (part), 2005)
20.80.040 SUBAREA PLAN REQUIRED.
(a) Approval of a subarea plan is required prior to
approval of a master development zoning district. A
subarea plan is an amendment to the Comprehensive
Plan and is processed pursuant to Chapter 20.10 BMC.
(b) In developing a subarea plan for the purpose of
this chapter, the following shall apply:
(1) The Director shall determine the number
of neighborhood meetings based on the scope of the pro-
posal and the community’s interest.
(2) The applicant shall be responsible for
scheduling and facilitating the neighborhood meetings.
City staff should participate in the meetings, taking
notes and helping to address the public’s concerns.
(3) Notification of the time and location of the
meetings shall be posted on the property. The Director
shall determine the specifications to the construction
and installation of the notice boards. Additionally, if the
Director determines it appropriate, mailed notice may
be required to be sent to nearby property owners,
affected state and local agencies and neighborhood
organizations. (Ord. 4950 § 8 (Exh. A) (part), 2005)
20.80.050 MASTER DEVELOPMENT ZONE
PERMITTED USES.
Specific uses shall be determined through the sub-
area planning process. Potential uses may include, but
are not limited to, commercial, office, and various resi-
dential types. (Ord. 4950 § 8 (Exh. A) (part), 2005)
20.80.060 GUIDELINES FOR
DEVELOPMENT STANDARDS.
Development standards such as setbacks, lot cover-
age, height and density shall be developed through the
subarea planning process and implemented through the
adoption of the master development zone. The follow-
ing guidelines establish the parameters from which
development standards are derived:
(Revised 12/05)20.80-2
20.80.070
(a) Consistency with the Comprehensive Plan’s
community character goals and policies;
(b) Provide open space that protects environmen-
tally sensitive areas;
(c) Development at the edge of the site that is
designed with densities and uses which are compatible
with nearby neighborhoods and uses;
(d) Well-designed streetscapes that incorporate
context-sensitive design, including amenities such as
street trees, planting strips, sidewalks, sidewalk
benches, street lamps and other design features that
make the streets more interactive, walkable, and enjoy-
able;
(e) Parking requirements shall be pursuant to
Chapter 20.48 BMC. However, modifications to the off-
street parking requirements may be allowed through the
approval of a master development zone. If there is a pro-
posed reduction of ten (10) percent or more to the num-
ber of off-street parking spaces required by Chapter
20.48 BMC, a parking study is required to demonstrate
that there is no impact on adjacent properties to the site;
(f) Landscaping requirements shall be pursuant to
Chapter 20.50 BMC. However, modifications to the
landscaping requirements may be allowed through the
approval of a master development zone. Landscaping
shall incorporate street trees, planter strips and other
passive and active green spaces. Significant trees shall
be identified on the site plan and may be required to be
preserved;
(g) Signage is allowed pursuant to the following:
(1) Signs for residential uses shall be pursuant
to Chapter 20.52 BMC for residential zones;
(2) Signs for all other uses shall meet the stan-
dards of Chapter 20.52 BMC for commercial zones,
except freestanding signs shall be limited to monument-
style signs that do not exceed six (6) feet in height and
forty-eight (48) square feet in area. (Ord. 4950 § 8 (Exh.
A) (part), 2005)
20.80.070 MASTER DEVELOPMENT ZONE
APPLICATION.
In addition to other application requirements, appli-
cations for a subarea plan and a master development
zone designation shall include the following informa-
tion:
(a) Vicinity Map. Showing the subject site in rela-
tion to all other properties within a three hundred (300)
foot radius;
(b) Site Plan. Containing the following informa-
tion:
(1) General configuration of lots, building
areas, number of stories and specific uses to be allowed;
(2) Proposed configuration and design of
parking areas, streets, sidewalks, and driveways;
(3) Proposed walkways, bikeways, open
space, recreational areas, and other areas and facilities
of a public or recreational nature;
(4) Proposed landscaping, buffers, parks, rec-
reation areas, open space and similar features;
(c) Narrative. A written explanation of the pro-
posal with, at a minimum, the following information
shall be provided (when appropriate, this information
may be shown on the site plan):
(1) Major project components including spe-
cific area uses to be allowed, residential densities, com-
mercial or site and floor areas, public and private rights-
of-way, and off-street parking;
(2) Design and development standards to be
applied to the project, including architectural treatment,
maximum heights, setbacks, landscaping, drainage, util-
ities, parking, signage, and any others;
(3) Elevations and/or perspective drawings of
proposed structures and other major improvements
being proposed;
(4) The specific nature of any agreements,
covenants, or other provisions that govern or affect the
proposal;
(5) Required mitigation measures, develop-
ment conditions, and other requirements of project
approval.
(d) Other Information. The City may request addi-
tional information found to be necessary for evaluating
the proposal to be included with the application. (Ord.
4950 § 8 (Exh. A) (part), 2005)
20.80.080 SUBAREA PLANS.
The following subarea plans and associated ordi-
nances establishing development regulations and stan-
dards form the basis for enactment of each respective
master development zone:
(a) Westpark specific area plan;
(b) Eastpark specific area plan;
(c) Austin Drive specific area plan;
(d) Harrison employment center;
(e) Northwest corporate campus employment cen-
ter;
(f) Port Blakely employment center.
A specific subarea plan has been adopted and is in
effect when the project name listed above is followed by
an ordinance number – this ordinance will contain the
unique regulations and standards that guide develop-
ment for that project area. (Ord. 4950 § 8 (Exh. A)
(part), 2005)
20.82-1 (Revised 12/05)
Bremerton Municipal Code 20.82.060
Chapter 20.82
NEIGHBORHOOD BUSINESS ZONE (NB)
Sections:
20.82.010 INTENT.
20.82.020 OUTRIGHT PERMITTED USES.
20.82.030 PROHIBITED USES.
20.82.040 CONDITIONAL USES.
20.82.060 DEVELOPMENT STANDARDS.
20.82.080 PARKING REQUIREMENTS.
20.82.090 LANDSCAPING
REQUIREMENTS.
20.82.110 SIGN STANDARDS.
20.82.010 INTENT.
The intent of the neighborhood business (NB) zone
is to provide for small-scale business districts outside of
centers and corridors that reflect the scale and character
of surrounding neighborhoods. These NB locations sup-
port neighborhoods which generally lack walkable
access to a designated center. The NB zone shall include
uses such as small groceries, convenience stores,
offices, and restaurants. Neighborhood business dis-
tricts are generally limited in size to one (1) acre each
and are typically comprised of a tight cluster of busi-
nesses on several parcels. (Ord. 4950 § 8 (Exh. A)
(part), 2005)
20.82.020 OUTRIGHT PERMITTED USES.
The following uses are permitted outright:
(a) Bed and breakfast;
(b) Co-location of wireless telecommunications
facilities per BMC 20.46.140;
(c) Day care facility, and foster home;
(d) General office and business service under five
thousand (5,000) gross square feet;
(e) General retail under five thousand (5,000)
gross square feet;
(f) Medical offices and clinics;
(g) Park, playground and open space;
(h) Personal services under five thousand (5,000)
gross square feet;
(i) Public administration;
(j) Residential as a secondary use;
(k) Restaurant under two thousand five hundred
(2,500) gross square feet;
(l) Worship and religious facility located on a col-
lector or higher street. (Ord. 4950 § 8 (Exh. A) (part),
2005)
20.82.030 PROHIBITED USES.
(a) Drive-through lanes. (Ord. 4950 § 8 (Exh. A)
(part), 2005)
20.82.040 CONDITIONAL USES.
The following uses may be permitted, provided a
conditional use permit is approved pursuant to BMC
20.58.020:
(a) Restaurants larger than two thousand five hun-
dred (2,500) gross square feet and all drinking places,
provided:
(1) All seating, dining, and cooking areas are
located within the principal structure at all times;
(2) All refuse and recycling containers are
fully enclosed and screened from view from all adjacent
and adjoining properties, and meet the standards of
Chapter 20.46 BMC;
(3) Measures are taken to ensure that parking
will not spill over into the neighborhood;
(b) Community uses, provided:
(1) The applicant can demonstrate that all pro-
visions of the noise levels ordinance, Chapter 6.32
BMC, shall be met;
(2) Measures are taken to ensure that parking
will not spill over into the neighborhood;
(3) Public events, programs or performances
shall not continue later than 10:00 p.m. (Ord. 4950 § 8
(Exh. A) (part), 2005)
20.82.060 DEVELOPMENT STANDARDS.
Lot development requirements shall be in accor-
dance with the following standards unless allowed for
by law otherwise:
(a) Maximum front yard setback: ten (10) feet. At
least seventy-five (75) percent of a building’s front
facade must meet the maximum front yard setback;
(b) Side yard setback: zero (0) except ten (10) feet
from residential zones;
(c) Rear yard setback: zero (0) except ten (10) feet
from residential zones;
(d) Maximum building size: buildings may not
exceed a footprint of five thousand (5,000) gross square
feet at ground level;
(e) Maximum building coverage: eighty-five (85)
percent;
(f) Maximum development coverage: eighty-five
(85) percent;
(g) Maximum building height: thirty-five (35)
feet;
(h) Maximum building heights within the down-
town regional center are pursuant to Figure 20.74(a),
and shall supercede subsection (g) of this section;
(i) Outdoor storage of any kind shall be prohib-
ited, except for refuse and recycling containers, which
shall meet the standards set forth in Chapter 20.46
BMC. (Ord. 4950 § 8 (Exh. A) (part), 2005)
(Revised 12/05)20.82-2
20.82.080
20.82.080 PARKING REQUIREMENTS.
Parking shall meet the standards of Chapter 20.48
BMC. (Ord. 4950 § 8 (Exh. A) (part), 2005)
20.82.090 LANDSCAPING REQUIREMENTS.
Landscaping shall meet the standards of Chapter
20.50 BMC and the following requirements:
(a) Where a commercial use in the neighborhood
business zone is adjacent to a residentially zoned lot,
including across an alley from a residentially zoned lot,
a landscape buffer meeting the following standards shall
be provided:
(1) A solid, view-obscuring wall or fence at
least six (6) feet in height;
(2) Measures taken to ensure quality in the
visual character of the wall or fence on the side facing
the residential lot. Measures may include any combina-
tion of the following:
(i) Refined materials or textures such as
brick or stone;
(ii) A landscaped strip consisting of
plantings and shrubs, which shall count towards the
landscape strip requirement per subsection (a)(3) of this
section;
(3) A landscaped strip at least five (5) feet in
depth. Where a wall is placed within the landscaped
strip, the depth of the wall shall be included in the mea-
surement of the depth of the landscaped strip;
(4) Gaps for vehicular circulation from the
alley do not exceed fourteen (14) feet in width. (Ord.
4950 § 8 (Exh. A) (part), 2005)
20.82.110 SIGN STANDARDS.
Signs shall meet the standards of Chapter 20.52
BMC. For freestanding signs, the maximum size and
height standards of Figure 20.52(a) shall apply. (Ord.
4950 § 8 (Exh. A) (part), 2005)
20.84-1 (Revised 12/05)
Bremerton Municipal Code 20.84.090
Chapter 20.84
LIMITED COMMERCIAL ZONE (LC)
Sections:
20.84.010 INTENT.
20.84.020 OUTRIGHT PERMITTED USES.
20.84.060 DEVELOPMENT STANDARDS.
20.84.070 DESIGN STANDARDS.
20.84.080 PARKING REQUIREMENTS.
20.84.090 LANDSCAPING
REQUIREMENTS.
20.84.100 SIGN STANDARDS.
20.84.010 INTENT.
The intent of the limited commercial (LC) zone is
to recognize the community’s existing general commer-
cial districts outside the designated boundaries of cen-
ters on lots zoned general business (GB) in the City, or
an equivalent designation in the county, on December 1,
2004. The LC zone is not intended to be expanded or
applied to new properties or areas of the City. (Ord.
4950 § 8 (Exh. A) (part), 2005)
20.84.020 OUTRIGHT PERMITTED USES.
The following uses are permitted:
(a) Automobile service and repair, and car wash;
(b) Co-location of wireless telecommunications
facilities per BMC 20.46.140;
(c) Day care facility, all;
(d) Drive-through facility;
(e) Finance, insurance and real estate;
(f) Gas stations at the intersection of arterial road-
ways;
(g) General office and business services;
(h) General retail;
(i) Hotel and lodging places, motels, and inns;
(j) Personal services;
(k) Public administration;
(l) Recycling collection station;
(m) Residential as a secondary use;
(n) Restaurant drinking place. (Ord. 4950 § 8
(Exh. A) (part), 2005)
20.84.060 DEVELOPMENT STANDARDS.
(a) Maximum front yard setback: ten (10) feet. At
least seventy-five (75) percent of a building’s front
facade must meet the maximum front yard setback.
(b) Minimum side yard setback: zero (0) except
ten (10) feet from residential zones and the upper level
setback requirements contained in BMC 20.84.070.
(c) Minimum rear yard setback: zero (0) except
ten (10) feet from residential zones and the requirements
contained in BMC 20.84.070.
(d) Maximum building size: fifteen thousand
(15,000) gross square feet at ground level.
(e) No maximum building coverage, provided all
setbacks and landscaping standards are met.
(f) No maximum development coverage, provided
all setbacks and landscaping standards are met.
(g) Maximum building height: fifty (50) feet.
(h) Maximum building heights within the down-
town regional center are pursuant to Figure 20.74(a),
and shall supercede subsection (g) of this section.
(i) Maximum density of secondary residential
uses: ten (10) units per acre. (Ord. 4950 § 8 (Exh. A)
(part), 2005)
20.84.070 DESIGN STANDARDS.
(a) Bulk Reduction. At any side or rear lot line
adjacent to a residential zone, portions of buildings
above thirty (30) feet in height shall be set back one (1)
foot in addition to the standard setback per BMC
20.84.060 for each additional foot of height. (Ord. 4950
§ 8 (Exh. A) (part), 2005)
20.84.080 PARKING REQUIREMENTS.
Parking shall meet the standards of Chapter 20.48
BMC. (Ord. 4950 § 8 (Exh. A) (part), 2005)
20.84.090 LANDSCAPING REQUIREMENTS.
Landscaping shall meet the standards of Chapter
20.50 BMC and the following requirements:
(a) Where a commercial use in the limited com-
mercial zone is adjacent to a residentially zoned lot,
including across an alley from a residentially zoned lot,
a landscape buffer meeting the following standards shall
be provided:
(1) A solid, view-obscuring wall or fence at
least six (6) feet in height;
(2) Measures taken to ensure quality in the
visual character of the wall or fence on the side facing
the residential lot. Measures may include any combina-
tion of the following:
(i) Refined materials or textures such as
brick or stone;
(ii) A landscaped strip at least five (5)
feet in depth. Where a wall is placed within the land-
scaped strip, the depth of the wall shall be included in
the measurement of the depth of the landscaped strip;
(3) A landscaped strip at least five (5) feet in
depth;
(4) Gaps for vehicular circulation from the
alley not exceeding fourteen (14) feet in width. (Ord.
4950 § 8 (Exh. A) (part), 2005)
(Revised 12/05)20.84-2
20.84.100
20.84.100 SIGN STANDARDS.
Signs shall meet the standards of Chapter 20.52
BMC. For freestanding signs, the maximum size and
height standards of Figure 20.52(a) shall apply. (Ord.
4950 § 8 (Exh. A) (part), 2005)
20.86-1 (Revised 12/05)
Bremerton Municipal Code 20.86.070
Chapter 20.86
FREEWAY CORRIDOR ZONE (FC)
Sections:
20.86.010 INTENT.
20.86.020 OUTRIGHT PERMITTED USES.
20.86.040 CONDITIONAL USES.
20.86.050 PROHIBITED USES.
20.86.060 DEVELOPMENT STANDARDS.
20.86.070 DESIGN STANDARDS.
20.86.080 PARKING REQUIREMENTS.
20.86.090 LANDSCAPING
REQUIREMENTS.
20.86.100 SIGN STANDARDS.
20.86.010 INTENT.
The intent of the freeway corridor (FC) zone is to
identify areas for commercial activities that will typi-
cally be region-serving in nature and scale. Uses in the
zone benefit from high visibility from freeways serving
the region, incorporate signage legible to fast-moving
traffic, provide large areas for parking, and may include
large-scale structures and/or outdoor display or storage
areas. Design standards, buffering and/or other tech-
niques are used to mitigate the effects of the intense uses
allowed in the FC zone on less intense adjacent uses.
(Ord. 4950 § 8 (Exh. A) (part), 2005)
20.86.020 OUTRIGHT PERMITTED USES.
In the freeway corridor zone all uses are permitted
outright except for those uses set forth as conditional
uses per BMC 20.86.040, and those uses prohibited per
BMC 20.86.050. (Ord. 4950 § 8 (Exh. A) (part), 2005)
20.86.040 CONDITIONAL USES.
A conditional use permit, which is approved pursu-
ant to BMC 20.58.020, may permit the following uses:
(a) Heavy industrial/manufacturing, provided:
(1) All standards of the noise levels ordi-
nance, Chapter 6.32 BMC, are met;
(2) No unshielded light or glare will be visible
during periods of darkness in a residential zone;
(3) No odor, dust or smoke byproduct will be
clearly detectable on any adjacent or adjoining commer-
cial or residential lot;
(4) The applicant can demonstrate that the use
will not significantly detract from the visual character of
the area as seen from public rights-of-way or any adja-
cent lot. Unkept or unsightly storage, refuse, yard, or
equipment areas are elements with the potential to neg-
atively impact visual character.
(b) Adult business per BMC 20.46.110.
(c) Class II group residential facilities, provided:
(1) The facility will not create an operational
conflict with the efficiency of large-scale freeway-ori-
ented commercial use. (Ord. 4950 § 8 (Exh. A) (part),
2005)
20.86.050 PROHIBITED USES.
The following uses are prohibited in the freeway
corridor zone:
(a) Residential, as a primary or secondary use,
except for Class II group residential facilities as a con-
ditional use per BMC 20.86.040;
(b) Recreational vehicle park;
(c) Junk yard;
(e) Motion picture theater;
(d) Any use with significant adverse impacts on
less intense uses in neighboring residential zones, deter-
mined by the City by having any combination of the fol-
lowing criteria:
(1) Noise Encroachment. Generation of sound
not meeting the provisions of the noise levels ordinance,
Chapter 6.32 BMC;
(2) Light/Glare Encroachment. Unshielded
glare visible during periods of darkness in an adjacent
residential zone;
(3) Odor, Dust or Smoke Encroachment.
Emission of an odor, dust or smoke byproduct clearly
detectable in any residential zone. (Ord. 4950 § 8 (Exh.
A) (part), 2005)
20.86.060 DEVELOPMENT STANDARDS.
Lot development requirements shall be in accor-
dance with the following standards unless allowed for
by law otherwise:
(a) Minimum front yard setback: twenty (20) feet;
(b) Minimum side yard setback: zero (0) except
twenty (20) feet where abutting residential zones;
(c) Rear yard setback: zero (0) except twenty (20)
feet from residential zones;
(d) No maximum building coverage, except all
setback and landscaping requirements shall be met;
(e) No maximum development coverage, except
all setback and landscaping standards shall be met;
(f) Maximum building height: sixty (60) feet.
(Ord. 4950 § 8 (Exh. A) (part), 2005)
20.86.070 DESIGN STANDARDS.
The following design standards shall be met:
(a) Bulk. The horizontal dimension of any struc-
ture facing a public right-of-way shall include visual
treatment at intervals not to exceed one hundred (100)
feet, for a width of not less than twenty (20) feet. Visual
treatment shall be one or more of the following types:
(1) An offset with a minimum depth of five
(5) feet;
(Revised 12/05)20.86-2
20.86.080
(2) A facade material, texture or color that is
visually different and distinct from the base material,
texture or color.
(b) Curb Cuts. The number of curb cut site entries
from public rights-of-way shall be limited to the mini-
mum number of curb cuts required for safe and efficient
vehicle circulation into and out of the site. No curb cut
width may exceed forty-eight (48) feet. (Ord. 4950 § 8
(Exh. A) (part), 2005)
20.86.080 PARKING REQUIREMENTS.
Parking shall meet the standards of Chapter 20.48
BMC. (Ord. 4950 § 8 (Exh. A) (part), 2005)
20.86.090 LANDSCAPING REQUIREMENTS.
Landscaping shall meet the standards of Chapter
20.50 BMC and the following requirements:
(a) Buffers and screening adjacent to rights-of-
way. All off-street parking areas, vehicle storage areas,
and outdoor storage or work areas, except for those
areas for display of vehicles or products for sale or lease,
shall be screened or buffered from public rights-of-way
by any combination of the following:
(1) Five (5) foot wide landscaped buffer with
evergreen hedge or other screen plantings of a size that
will provide an immediate effective visual screen hav-
ing a minimum height of five (5) feet;
(2) Solid fence or wall a minimum of five (5)
feet in height unless modified by the City to correct a
visibility obstruction; or
(3) An earthen berm planted with grass,
shrubs, or other groundcover and having an effective
visual height of at least five (5) feet;
(b) Buffers or screening between commercial
uses. The City may determine that landscape buffering
or screening is required along an interior property line
shared by commercial uses in cases where a higher
intensity use such as light or heavy manufactur-
ing/industry abuts a commercial use that is frequently
visited by members of the public. Such buffering or
screening is intended to minimize potential conflicts.
(Ord. 4950 § 8 (Exh. A) (part), 2005)
20.86.100 SIGN STANDARDS.
Signs shall meet the standards of Chapter 20.52
BMC. For freestanding signs, the maximum size and
height standards of Figure 20.52(a) shall apply. (Ord.
4950 § 8 (Exh. A) (part), 2005)
20.88-1 (Revised 12/05)
Bremerton Municipal Code 20.88.060
Chapter 20.88
MARINE INDUSTRIAL (MI)
Sections:
20.88.010 INTENT.
20.88.020 OUTRIGHT PERMITTED USES.
20.88.030 ACCESSORY USES.
20.88.040 CONDITIONAL USES.
20.88.060 DEVELOPMENT STANDARDS.
20.88.070 DESIGN STANDARDS.
20.88.080 PARKING REQUIREMENTS.
20.88.090 LANDSCAPING
REQUIREMENTS.
20.88.100 SIGN STANDARDS.
20.88.010 INTENT.
The intent of the marine industrial (MI) zone is to
provide for areas of marine-related light industrial uses
within a waterfront-oriented complex. Marine industrial
areas should include adequate screening, architectural
standards, and other site design considerations to assure
compatibility with neighboring uses – especially resi-
dential and shoreline public access areas. Developments
shall be consistent with shorelines and critical areas des-
ignations, functionally linked to marine-related activi-
ties, and accessible from the waterfront through an on-
site circulation system. (Ord. 4950 § 8 (Exh. A) (part),
2005)
20.88.020 OUTRIGHT PERMITTED USES.
The following uses are permitted outright:
(a) Boat and marine vehicle sales;
(b) Boat and marine vehicle service and repair;
(c) Fully enclosed boat storage;
(d) General office and business service that is
functionally related to marine-related activities;
(e) General retail under seven thousand (7,000)
gross square feet that is functionally related to marine-
related activities;
(f) Light industrial/manufacturing that is func-
tionally related to marine-related activities, including
research, development and testing;
(g) Location of wireless telecommunications facil-
ities per BMC 20.46.140;
(h) Residential as a secondary use;
(i) Restaurants and drinking places under two
thousand five hundred (2,500) gross square feet that are
functionally related to water-related activities;
(j) Transportation facility including marine
freight and passenger terminals, transit stops and trans-
portation services;
(k) Waterfront parks, playgrounds and open space,
or public viewing facility. (Ord. 4950 § 8 (Exh. A)
(part), 2005)
20.88.030 ACCESSORY USES.
The following accessory uses may be permitted
when found in connection with a principal use:
Fuel stations intended primarily for marine vehi-
cles, provided ingress and egress shall occur entirely
within the MI zone, and not on roadways or parking
areas adjacent to other zones. (Ord. 4950 § 8 (Exh. A)
(part), 2005)
20.88.040 CONDITIONAL USES.
Dry storage of marine vessels commonly referred to
as dry stacking may be allowed to a height of fifty (50)
feet, provided a conditional use permit is approved pur-
suant to BMC 20.58.020, subject to the following con-
ditions:
(a) All other setback and development standards
of the marine industrial zone and the Shoreline Master
Program are met;
(b) The dry stacking facility will not substantially
obscure existing views to the water from existing resi-
dences. (Ord. 4950 § 8 (Exh. A) (part), 2005)
20.88.060 DEVELOPMENT STANDARDS.
Lot development requirements shall be in accor-
dance with the following standards unless allowed for
by law otherwise:
(a) Maximum front yard setback: ten (10) feet. At
least sixty-five (65) percent of a building’s front facade
shall meet the maximum front yard setback require-
ment.
(b) Minimum side yard setbacks as follows:
(1) Zero (0) from commercial zones;
(2) Five (5) feet from residential zones for
fully enclosed uses and twenty (20) feet for uses not
fully enclosed.
(c) Minimum rear yard setback as follows:
(1) Zero (0) from commercial zones;
(2) Five (5) feet from residential zones for
fully enclosed uses and twenty (20) feet for uses not
fully enclosed.
(d) Maximum building height: thirty-five (35)
feet.
(e) Maximum building coverage: sixty (60) per-
cent unless increased per BMC 20.88.070(b).
(f) Maximum development coverage: seventy-
five (75) percent unless increased per BMC
20.88.070(c).
(g) Maximum density of secondary residential
use: ten (10) units per acre. (Ord. 4950 § 8 (Exh. A)
(part), 2005)
(Revised 12/05)20.88-2
20.88.070
20.88.070 DESIGN STANDARDS.
(a) Light, glare, and odors shall not impact or be
readily discernable from properties outside the MI zone,
and all provisions of the noise levels ordinance, Chapter
6.32 BMC, shall be met.
(b) Maximum building coverage may be increased
to seventy-five (75) percent when separate buildings on
more than one (1) lot are constructed with uniformity of
the following architectural elements:
(1) Roof pitches;
(2) Exterior building facade material;
(3) Exterior building facade palette of colors;
(4) Exterior window sash material and style.
(c) Maximum development coverage may be
increased to eighty-five (85) percent with a City-
approved, on-site circulation plan depicting access to
and from all portions of the site and the waterfront.
(d) All uses in the MI zone shall be screened from
view from properties outside the MI zone, including
areas across an alley, by screening meeting the provi-
sions of Chapter 20.50 BMC and the following stan-
dards:
(1) A solid view-obscuring wall or fence at
least six (6) feet in height;
(2) A landscaped strip at least five (5) feet in
depth adjacent to the solid screen on the side facing the
residentially zoned lot.
(e) Ingress and egress to all uses within the MI
zone shall be from a collector arterial roadway or higher
roadway classification, or from a roadway or driveway
that is fully within the MI zone and not adjacent to other
zones.
(f) Hours of operation for light industrial/manu-
facturing uses shall be limited to 7:30 a.m. to 7:30 p.m.
(Ord. 4950 § 8 (Exh. A) (part), 2005)
20.88.080 PARKING REQUIREMENTS.
Parking shall meet the standards of Chapter 20.48
BMC. (Ord. 4950 § 8 (Exh. A) (part), 2005)
20.88.090 LANDSCAPING REQUIREMENTS.
Landscaping shall meet the standards of Chapter
20.50 BMC. (Ord. 4950 § 8 (Exh. A) (part), 2005)
20.88.100 SIGN STANDARDS.
Signage shall meet the standards of Chapter 20.52
BMC. For freestanding signs, the maximum size and
height standards of Figure 20.52(a) shall apply. (Ord.
4950 § 8 (Exh. A) (part), 2005)
20.90-1 (Revised 12/05)
Bremerton Municipal Code 20.90.070
Chapter 20.90
INDUSTRIAL PARK (IP)
Sections:
20.90.010 INTENT.
20.90.020 OUTRIGHT PERMITTED USES.
20.90.040 CONDITIONAL USES.
20.90.060 DEVELOPMENT STANDARDS.
20.90.070 DESIGN STANDARDS.
20.90.080 PARKING REQUIREMENTS.
20.90.090 LANDSCAPING
REQUIREMENTS.
20.90.100 SIGNS STANDARDS.
20.90.010 INTENT.
The intent of the industrial park (IP) zone is to pro-
vide an environment for and conducive to a broad range
of existing and future light industrial, office and large
retail uses. The industrial park (IP) zone ensures a well
planned complex with attention to landscaping and
architectural features. Site design in the industrial park
(IP) zone ensures compatibility with neighboring less
intense uses, and provides a high-quality environment
for the conduct of business. (Ord. 4950 § 8 (Exh. A)
(part), 2005)
20.90.020 OUTRIGHT PERMITTED USES.
The following uses are permitted outright:
(a) Automobile service and repair;
(b) Car wash;
(c) Community facility;
(d) Day care facility;
(e) Drive-through facility;
(f) Entertainment uses;
(g) Finance, insurance and real estate;
(h) Gas station;
(i) General and large retail;
(j) General office and business services;
(k) Kennel;
(l) Light industrial/manufacturing;
(m) Medical office;
(n) Nursery and greenhouse;
(o) Outdoor athletic field and sports complex;
(p) Outdoor storage;
(q) Physical fitness and health club;
(r) Public administration;
(s) Recycling collection station;
(t) Restaurant;
(u) Schools and education uses;
(v) Transportation facility;
(w) Warehousing;
(x) Wireless telecommunications facility per
BMC 20.46.140;
(y) Worship and religious facility. (Ord. 4950 § 8
(Exh. A) (part), 2005)
20.90.040 CONDITIONAL USES.
The following uses may be permitted, provided a
conditional use permit is approved pursuant to BMC
20.58.020:
(a) Heavy industrial/manufacturing, provided:
(1) The applicant can demonstrate that the use
will not significantly detract from the visual character as
seen from public rights-of-way or any adjacent lot.
Unkempt or unsightly storage, refuse, yard, or equip-
ment areas are elements with potential to negatively
impact visual character;
(2) No odor, dust or smoke byproduct will be
clearly detectable on any abutting commercial or resi-
dential lot;
(3) All standards of the noise levels ordi-
nance, Chapter 6.32 BMC, are met;
(4) No unshielded light or glare will be visible
during periods of darkness in a residential zone. (Ord.
4950 § 8 (Exh. A) (part), 2005)
20.90.060 DEVELOPMENT STANDARDS.
Lot development requirements shall be in accor-
dance with the following standards unless allowed for
by law otherwise:
(a) Minimum front yard setback: fifteen (15) feet,
except twenty (20) feet from residentially zoned lots
including residentially zoned lots across a public right-
of-way from the IP zone.
(b) Minimum side yard setback: ten (10) feet,
except twenty (20) feet from residentially zoned lots
including residentially zoned lots across a public right-
of-way from the IP zone.
(c) Minimum rear yard setback: ten (10) feet,
except twenty (20) feet from residentially zoned lots
including residentially zoned lots across a public right-
of-way from the IP zone.
(d) Maximum building height: fifty (50) feet; pro-
vided, that where abutting a residential zone, structures
shall be set back one (1) additional foot for each addi-
tional foot of height above thirty-five (35) feet.
(e) Maximum building coverage: eighty-five (85)
percent, provided all setbacks and landscape require-
ments are met.
(f) Maximum development coverage: eighty-five
(85) percent, provided all setbacks and landscape
requirements are met. (Ord. 4950 § 8 (Exh. A) (part),
2005)
20.90.070 DESIGN STANDARDS.
Development in the industrial park zone shall meet
the following standards:
(Revised 12/05)20.90-2
20.90.080
(a) Outdoor storage areas shall be screened from
all adjacent property lines with one (1) of the following
types:
(1) A solid view-obscuring fence or wall at
least eight (8) feet in height;
(2) A densely planted, view-obscuring ever-
green shrub or hedge at least eight (8) feet in height, and
thirty (30) inches in depth;
(b) Outdoor storage of materials exceeding fifteen
(15) feet in height shall not be located within thirty-five
(35) feet of any property line.
(c) Drive-through facilities and drive-through
lanes shall be accessed from the rear of a site and run
along an interior lot line or building elevation. (Ord.
4950 § 8 (Exh. A) (part), 2005)
20.90.080 PARKING REQUIREMENTS.
Parking shall meet the standards of Chapter 20.48
BMC. (Ord. 4950 § 8 (Exh. A) (part), 2005)
20.90.090 LANDSCAPING REQUIREMENTS.
Landscaping shall meet the standards of Chapter
20.50 BMC, or as otherwise modified by the following
requirements:
(a) For each twenty (20) parking stalls, a land-
scaped area equal to one (1) parking stall shall be pro-
vided;
(b) For each twenty (20) parking stalls, one (1) tree
shall be installed within a landscaped area. Such trees
shall meet the minimum plant material sizes as set forth
in Chapter 20.50 BMC. (Ord. 4950 § 8 (Exh. A) (part),
2005)
20.90.100 SIGNS STANDARDS.
Signs shall meet the standards of Chapter 20.52
BMC. For freestanding signs, the maximum size and
height standards of Figure 20.52(a) shall apply. (Ord.
4950 § 8 (Exh. A) (part), 2005)
20.92-1 (Revised 12/05)
Bremerton Municipal Code 20.92.060
Chapter 20.92
EMPLOYMENT CENTER (EC)
Sections:
20.92.010 INTENT.
20.92.020 OUTRIGHT PERMITTED USES.
20.92.040 CONDITIONAL USES.
20.92.060 DEVELOPMENT STANDARDS.
20.92.070 DESIGN STANDARDS.
20.92.080 PARKING REQUIREMENTS.
20.92.090 LANDSCAPING
REQUIREMENTS.
20.92.100 SIGN STANDARDS.
20.92.010 INTENT.
The intent of the employment center (EC) zone is to
offer a well planned and designed environment where a
potentially large employee population is offered the
option to live near places of employment. The EC zone
provides for integration of employment activities with
housing and commercial activities scaled to serve the
employee population at the center, thereby reducing
home-to-workplace commute trips. Employment cen-
ters create large numbers of jobs in uses to include office
and services. (Ord. 4950 § 8 (Exh. A) (part), 2005)
20.92.020 OUTRIGHT PERMITTED USES.
The following uses are permitted outright:
(a) Co-location of wireless telecommunications
facilities per BMC 20.46.140;
(b) Community use facility;
(c) Day care facility, all;
(d) General office and business services;
(e) Finance, insurance and real estate (no drive-
through facilities);
(f) General retail (no drive-through facilities);
(g) Hotels and lodging places;
(h) Medical offices;
(i) Outdoor athletic fields;
(j) Park playgrounds and open space, and parks;
(k) Personal service business;
(l) Physical fitness and health clubs;
(m) Public administration;
(n) Residential uses of the following types:
(1) Group residential facility - Class I;
(2) Multi-unit structure;
(3) Nursing convalescent home;
(4) Senior housing complex;
(5) Single unit structure, attached or detached;
(6) Townhouse;
(o) Restaurants and drinking places (no drive-
through facilities);
(p) Schools and education uses;
(q) Transportation facility;
(r) Worship and religious facility. (Ord. 4950 § 8
(Exh. A) (part), 2005)
20.92.040 CONDITIONAL USES.
The following uses may be permitted, provided a
conditional use permit is approved pursuant to BMC
20.58.020:
(a) Light industrial/manufacturing, provided:
(1) No odor, dust or smoke byproduct will be
clearly detectable on any abutting commercial or resi-
dential lot;
(2) All standards of the noise levels ordi-
nance, Chapter 6.32 BMC, are met;
(3) No unshielded light or glare will be visible
during periods of darkness on adjacent commercial or
residential lots;
(4) The applicant can demonstrate that the use
will not significantly detract from the visual character as
seen from public rights-of-way or any adjacent lot.
Unkempt or unsightly storage, refuse, yard, or equip-
ment and mechanical areas are elements with potential
to negatively impact visual character. (Ord. 4950 § 8
(Exh. A) (part), 2005)
20.92.060 DEVELOPMENT STANDARDS.
Development shall be in accordance with the fol-
lowing standards:
(a) Minimum density for residential uses: fifteen
(15) dwelling units/acre;
(b) Minimum side yard setback: zero (0), except
where abutting the low density residential (R-10) zone,
the minimum setback shall be twenty (20) feet, plus an
additional setback of one (1) foot for each foot of height
above thirty-five (35) feet;
(c) Minimum rear yard setback: zero (0), except
where abutting the low density residential (R-10) zone,
the minimum setback shall be twenty (20) feet, plus an
additional setback of one (1) foot for each foot of height
above thirty-five (35) feet;
(d) Minimum front yard setback requirements:
zero (0), except that for residential uses with garages
facing a public right-of-way, the garage shall have a set-
back five (5) feet greater than that of the principal struc-
ture;
(e) Maximum building coverage: sixty-five (65)
percent base maximum; provided, that through the use
of any combination of the following, building coverage
may be increased to a maximum of eighty-five (85) per-
cent:
(1) Projects with two or more stories: ten (10)
percent bonus;
(2) Projects containing mixed uses: ten (10)
percent bonus;
(Revised 12/05)20.92-2
20.92.070
(3) Projects incorporating at least fifty (50)
percent of required parking underground or within the
structure: twenty (20) percent bonus;
(f) No maximum development coverage, provided
all setbacks and landscaping requirements are met;
(g) Maximum building height: eighty (80) feet for
residential uses, and sixty (60) feet for nonresidential
uses. (Ord. 4950 § 8 (Exh. A) (part), 2005)
20.92.070 DESIGN STANDARDS.
(a) Blank Facades. The horizontal dimension of
any structure facing the perimeter of the site along a
public right-of-way shall provide one (1) of the follow-
ing visual treatments for a width of twenty (20) feet at
intervals not to exceed one hundred (100) feet:
(1) An offset with a minimum depth of five
(5) feet;
(2) A facade material, texture or color that is
visually different and distinct from that of the base
material, texture or color;
(b) Structures containing general retail uses, res-
taurant uses, drinking place uses, or personal service
business uses shall have the following features:
(1) Large windows along any facade facing
the public sidewalk or a sidewalk providing circulation
within the site. At least sixty-five (65) percent of all
such facades measured to ten (10) feet above sidewalk
or surface grade shall be comprised of such windows.
(2) Either a clearly identifiable entrance that
is recessed or protruding at least three (3) feet, or a can-
opy or overhang extending at least five (5) feet over the
sidewalk in the entrance area. (Ord. 4950 § 8 (Exh. A)
(part), 2005)
20.92.080 PARKING REQUIREMENTS.
Parking shall meet the standards of Chapter 20.48
BMC except as modified by the following:
(a) Required parking for a nonresidential use may
be reduced by twenty (20) percent if the project is within
one thousand three hundred (1,300) feet of designated
transit-oriented development;
(b) Parking for residential uses shall not exceed
two (2) spaces per residential unit;
(c) For each twenty (20) parking stalls, a land-
scaped area equal to one (1) parking stall shall be pro-
vided; and
(d) For each twenty (20) parking stalls, one (1) tree
shall be installed within a landscaped area. Such trees
shall meet the minimum plant material sizes as set forth
in Chapter 20.50 BMC. (Ord. 4950 § 8 (Exh. A) (part),
2005)
20.92.090 LANDSCAPING REQUIREMENTS.
Landscaping shall meet the standards of Chapter
20.50 BMC and the following requirements.
(a) Where a side or rear lot line of a nonresidential
use is adjacent to a residential zone, screening with the
following characteristics shall be provided:
(1) A solid, view-obscuring wall or fence at
least six (6) feet in height;
(2) Measures taken to ensure quality in the
visual character of the wall or fence on the side facing
the residential lot. Measures may include any combina-
tion of the following:
(i) Refined materials or textures such as
brick or stone;
(ii) A landscaped strip at least five (5)
feet in depth. Where a wall is placed within the land-
scaped strip, the depth of the wall shall be included in
the measurement of the depth of the landscaped strip;
(3) A landscaped strip at least five (5) feet in
depth. (Ord. 4950 § 8 (Exh. A) (part), 2005)
20.92.100 SIGN STANDARDS.
Signage shall meet the standards of Chapter 20.52
BMC. For freestanding signs, the maximum size and
height standards of Figure 20.52(a) shall apply. (Ord.
4950 § 8 (Exh. A) (part), 2005)
20.94-1 (Revised 12/05)
Bremerton Municipal Code 20.94.090
Chapter 20.94
INDUSTRIAL (I)
Sections:
20.94.010 INTENT.
20.94.020 OUTRIGHT PERMITTED USES.
20.94.030 CONDITIONAL USES.
20.94.060 DEVELOPMENT STANDARDS.
20.94.080 PARKING REQUIREMENTS.
20.94.090 LANDSCAPING
REQUIREMENTS.
20.94.100 SIGN STANDARDS.
20.94.010 INTENT.
The intent of the industrial (I) zone is to accommo-
date light and heavy industrial uses in locations where
there is limited interaction with residential uses. Uses
include large-scale and/or heavy industries in a manner
that reduces impact to the community while meeting
industry’s needs for easy access, large sites, and loca-
tions that do not cause conflicts with residential and
other less intense use areas. (Ord. 4950 § 8 (Exh. A)
(part), 2005)
20.94.020 OUTRIGHT PERMITTED USES.
The following uses are permitted:
(a) Automobile service and repair;
(b) Car wash;
(c) Drive-through facility;
(d) Gas station;
(e) General office and business services over five
thousand (5,000) gross square feet;
(f) Heavy industrial/manufacturing;
(g) Kennel;
(h) Light industrial/manufacturing;
(i) Nursery and greenhouse;
(j) Outdoor storage;
(k) Public administration;
(l) Recycling collection station;
(m) Outdoor athletic fields;
(n) Stadiums and sports complex;
(o) Transportation facility;
(p) Warehousing;
(q) Wireless telecommunications facilities per
BMC 20.46.140. (Ord. 4950 § 8 (Exh. A) (part), 2005)
20.94.030 CONDITIONAL USES.
The following uses may be permitted, provided a
conditional use permit pursuant to BMC 20.58.020 is
approved:
(a) Junk yard, provided:
(1) The use is not adjacent to a residentially
zoned lot;
(2) A view-obscuring screen consisting of a
solid wall or dense evergreen shrub to a height of ten
(10) feet is provided along all lot lines.
(b) Adult business as defined in BMC 20.46.110.
(c) Group residential facility - Class II, provided
the facility will not create an operational conflict with
the efficiency of large-scale industrial uses. (Ord. 4950
§ 8 (Exh. A) (part), 2005)
20.94.060 DEVELOPMENT STANDARDS.
Lot development requirements shall be in accor-
dance with the following standards unless otherwise
allowed by law:
(a) Minimum front yard setback: ten (10) feet,
except twenty (20) feet where abutting or across a public
right-of-way from a residential zone;
(b) Minimum side yard setback: zero (0) except
twenty (20) feet where abutting a residential zone;
(c) Minimum rear yard setback: zero (0) except
twenty (20) feet where abutting a residential zone;
(d) No maximum building coverage, provided all
setbacks and landscaping standards are met;
(e) No maximum development coverage, provided
all setbacks and landscaping standards are met;
(f) Maximum building height: fifty (50) feet for
structures intended for human occupancy, and no height
limit for unoccupied structures such as cranes, antennas,
and mechanical apparatuses employed in industry, pro-
vided setback requirements are met;
(g) Where abutting a residential zone, structures
shall be set back one (1) additional foot for each addi-
tional foot of height above thirty-five (35) feet. (Ord.
4950 § 8 (Exh. A) (part), 2005)
20.94.080 PARKING REQUIREMENTS.
Off-street parking shall be provided in accordance
with Chapter 20.48 BMC. (Ord. 4950 § 8 (Exh. A)
(part), 2005)
20.94.090 LANDSCAPING REQUIREMENTS.
Landscaping shall be provided per the requirements
set forth in Chapter 20.50 BMC, or as otherwise modi-
fied in this section.
(a) Where a heavy industrial/manufacturing use is
abutting a residentially zoned lot, including across an
alley or public right-of-way from a residentially zoned
lot, a landscape buffer consisting of the following fea-
tures shall be provided:
(1) A solid, view-obscuring wall or fence at
least eight (8) feet in height;
(2) A landscaped strip installed and main-
tained by the industrial use, at least five (5) feet in depth
adjacent to the solid wall on the side facing the residen-
tial zone. (Ord. 4950 § 8 (Exh. A) (part), 2005)
(Revised 12/05)20.94-2
20.94.100
20.94.100 SIGN STANDARDS.
Signs shall meet the requirements set forth in Chap-
ter 20.52 BMC. For freestanding signs, the maximum
size and height standards of Figure 20.52(a) shall apply.
(Ord. 4950 § 8 (Exh. A) (part), 2005)
20.96-1 (Revised 12/05)
Bremerton Municipal Code 20.96.080
Chapter 20.96
CITY UTILITY LANDS (CUL)
Sections:
20.96.010 INTENT.
20.96.020 OUTRIGHT PERMITTED USES.
20.96.030 ACCESSORY USES.
20.96.040 CONDITIONAL USES.
20.96.060 DEVELOPMENT STANDARDS.
20.96.080 PARKING REQUIREMENTS.
20.96.090 LANDSCAPING
REQUIREMENTS.
20.96.100 SIGN STANDARDS.
20.96.010 INTENT.
The intent of the city utility lands (CUL) zone is to
preserve resource-related functions of land, and to pro-
tect watersheds and timberlands. The CUL zone is also
intended to ensure healthy forest cover and provide hab-
itat for wildlife. The zone will accommodate some lim-
ited commercial and recreational activities, which
adhere to a high standard of environmental best manage-
ment practices, and low impact development. (Ord.
4950 § 8 (Exh. A) (part), 2005)
20.96.020 OUTRIGHT PERMITTED USES.
The following uses are permitted:
(a) Educational and resource activities compatible
with forest resources;
(b) Forest and wildlife management activities and
forest practices;
(c) Groundwater development and aquifer protec-
tion;
(d) Hydropower activities and facilities;
(e) Public utilities functions and activities, and
nonresidential structures necessary to execute such
functions and activities;
(f) Wireless telecommunications facilities per
BMC 20.46.140. (Ord. 4950 § 8 (Exh. A) (part), 2005)
20.96.030 ACCESSORY USES.
The following accessory uses may be permitted:
(a) Caretaker’s residence associated with a permit-
ted use;
(b) Temporary quarters associated with a permit-
ted use. (Ord. 4950 § 8 (Exh. A) (part), 2005)
20.96.040 CONDITIONAL USES.
The following uses may be permitted, provided a
conditional use permit is approved pursuant to BMC
20.58.020. The conditional use permit may allow modi-
fications to parking, landscaping and other development
requirements necessary to mitigate environmental
impacts.
(a) Residential development, provided:
(1) The project consists of attached or
detached single-unit dwelling units, townhouses, or
senior housing complex;
(2) The location does not interfere with City
public utility functions and activities;
(3) The location is adjacent to an existing rec-
reational or residential use;
(4) Sustainable development and best envi-
ronmental management practices are employed to mini-
mize environmental impacts such as:
(i) Low impact stormwater management
and natural drainage;
(ii) Preservation of significant trees;
(iii) Clustered development;
(iv) Minimization of impervious surfaces;
(5) Maximum density shall be ten (10) dwell-
ing units per acre, except twenty (20) dwelling units per
acre for senior housing complexes;
(6) Development standards per the low den-
sity residential zone, BMC 20.60.060(a)(2) through (d)
are met;
(b) Passive outdoor public recreation such as
trails, provided:
(1) The location does not interfere with City
public utility functions and activities;
(2) The location is adjacent to an existing rec-
reational or residential use;
(3) Sustainable development and best envi-
ronmental management practices are employed to mini-
mize environmental impacts such as:
(i) Low impact stormwater management
and natural drainage;
(ii) Identification and preservation of sig-
nificant trees;
(iii) Minimization of impervious surfaces.
(Ord. 4950 § 8 (Exh. A) (part), 2005)
20.96.060 DEVELOPMENT STANDARDS.
Development standards for conditional uses shall
be pursuant to the criteria set forth in BMC 20.96.040.
(Ord. 4950 § 8 (Exh. A) (part), 2005)
20.96.080 PARKING REQUIREMENTS.
Parking shall meet the standards of Chapter 20.48
BMC and the following requirements:
(a) Parking may not exceed two (2) stalls per resi-
dential dwelling unit;
(b) On-site parking requirements for a permitted or
a conditional use may be reduced by up to forty (40) per-
cent, provided it can be demonstrated through a parking
analysis that the reduction would decrease impervious
(Revised 12/05)20.96-2
20.96.090
surface area, and the reduction would not cause parking
to spill over into adjacent areas. (Ord. 4950 § 8 (Exh. A)
(part), 2005)
20.96.090 LANDSCAPING REQUIREMENTS.
Landscaping shall meet the standards of Chapter
20.50 BMC, except landscaping requirements may be
modified or reduced if it can be demonstrated that such
modifications or reductions preserve existing or native
vegetation. (Ord. 4950 § 8 (Exh. A) (part), 2005)
20.96.100 SIGN STANDARDS.
Signage shall meet the standards of Chapter 20.52
BMC. (Ord. 4950 § 8 (Exh. A) (part), 2005)
20.97-1 (Revised 12/05)
Bremerton Municipal Code 20.97.100
Chapter 20.97
WATERSHED (WS)
Sections:
20.97.010 INTENT.
20.97.020 OUTRIGHT PERMITTED USES.
20.97.030 ACCESSORY USES.
20.97.060 DEVELOPMENT STANDARDS.
20.97.080 PARKING REQUIREMENTS.
20.97.090 LANDSCAPING
REQUIREMENTS.
20.97.100 SIGN STANDARDS.
20.97.010 INTENT.
The intent of the watershed (WS) zone is to protect
the Bremerton public water supply by controlling activ-
ities and maintaining high water quality at the source,
consistent with state and federal regulations. It is further
intended to maintain strict control of access to and activ-
ities within the Union River drainage to allow the Union
River water supply source to continue in its unfiltered
status. (Ord. 4950 § 8 (Exh. A) (part), 2005)
20.97.020 OUTRIGHT PERMITTED USES.
The following uses are permitted:
(a) Educational and resource activities compatible
with public water supply;
(b) Forest and wildlife management activities, and
forest practices;
(c) Groundwater development and aquifer protec-
tion;
(d) Hydropower activities and facilities;
(e) Location of wireless telecommunications facil-
ities per BMC 20.46.140;
(f) Public utilities functions and activities related
to the monitoring and distribution of potable water.
(Ord. 4950 § 8 (Exh. A) (part), 2005)
20.97.030 ACCESSORY USES.
The following accessory uses may be permitted:
(a) Caretaker’s residence or gate guard associated
with an outright permitted use;
(b) Nonresidential structures necessary for the
execution of an outright permitted use;
(c) Temporary quarters associated with an outright
permitted use. (Ord. 4950 § 8 (Exh. A) (part), 2005)
20.97.060 DEVELOPMENT STANDARDS.
Development shall be in accordance with the fol-
lowing standards:
(a) All developments shall minimize the amount
of impervious surface to that necessary to execute a per-
mitted use;
(b) Sustainable development and best environ-
mental management practices shall be employed to min-
imize environmental impacts such as:
(1) Low impact storm water management and
natural drainage;
(2) Identification and preservation of signifi-
cant trees;
(3) Minimization of impervious surfaces.
(Ord. 4950 § 8 (Exh. A) (part), 2005)
20.97.080 PARKING REQUIREMENTS.
Parking shall meet the standards of Chapter 20.48
BMC, except required parking may be reduced or
waived by the Director in the watershed (WS) zone in
order to reduce impervious surface area. (Ord. 4950 § 8
(Exh. A) (part), 2005)
20.97.090 LANDSCAPING REQUIREMENTS.
Landscaping shall meet the standards of Chapter
20.50 BMC, except landscaping requirements may be
modified or reduced if it can be demonstrated that such
modifications or reductions preserve existing or native
vegetation. (Ord. 4950 § 8 (Exh. A) (part), 2005)
20.97.100 SIGN STANDARDS.
Signage shall meet the standards of Chapter 20.52
BMC. (Ord. 4950 § 8 (Exh. A) (part), 2005)
20.98-1 (Revised 12/05)
Bremerton Municipal Code 20.98.100
Chapter 20.98
INSTITUTIONAL (INST)
Sections:
20.98.010 INTENT.
20.98.020 OUTRIGHT PERMITTED USES.
20.98.030 ACCESSORY USES.
20.98.060 DEVELOPMENT STANDARDS.
20.98.080 PARKING REQUIREMENTS.
20.98.090 LANDSCAPING
REQUIREMENTS.
20.98.100 SIGN STANDARDS.
20.98.010 INTENT.
The intent of the institutional (INST) zone is to pro-
vide for continued operation and facilitate managed
growth of existing major institutions within the City.
Institutions in the zone shall also be compatible with
surrounding neighborhoods. Major institutions include
the Olympic College campus, and the Harrison Hospi-
tal. (Ord. 4950 § 8 (Exh. A) (part), 2005)
20.98.020 OUTRIGHT PERMITTED USES.
The following uses are permitted:
(a) Co-location of wireless telecommunications
facilities per BMC 20.46.140;
(b) Community facility;
(c) General office and business services;
(d) General retail associated with an institution;
(e) Higher education and colleges;
(f) Hospitals;
(g) Medical offices and clinics;
(h) Outdoor athletic fields and park playground
and open spaces;
(i) Parking as a principal use;
(j) Public administration;
(k) Residential uses of the following types:
(1) Group residential facility - Class I;
(2) Nursing convalescent home;
(3) Senior housing complex;
(4) Single-unit dwelling unit, detached;
(5) Single-unit dwelling unit, attached;
(l) Restaurants (no drive-through facilities);
(m) Schools and education uses;
(n) Transportation facility;
(o) Welfare and charitable services and facility;
(p) Worship and religious facility. (Ord. 4950 § 8
(Exh. A) (part), 2005)
20.98.030 ACCESSORY USES.
Any subordinate use with a direct connection to or
association with the core functions of a higher education
college or a hospital may be permitted by the Director as
an accessory use. (Ord. 4950 § 8 (Exh. A) (part), 2005)
20.98.060 DEVELOPMENT STANDARDS.
Development shall be in accord with the following
standards:
(a) Minimum front yard setback: zero (0), except
ten (10) feet where adjacent to any lot not within the
institutional zone;
(b) Minimum side yard setback: zero (0), except
twenty (20) feet where adjacent to any lot not within the
institutional (INST) zone;
(c) Minimum rear yard setback: zero (0), except
twenty (20) feet where adjacent to any lot not within the
institutional (INST) zone;
(d) Maximum height: eighty-five (85) feet, pro-
vided all upper level setback requirements are met;
(e) Upper level setbacks: where adjacent to any lot
not within the institutional (INST) zone, structures shall
be set back one (1) additional foot for each additional
foot of height above thirty-five (35) feet. (Ord. 4950 § 8
(Exh. A) (part), 2005)
20.98.080 PARKING REQUIREMENTS.
Parking shall meet the standards of Chapter 20.48
BMC. (Ord. 4950 § 8 (Exh. A) (part), 2005)
20.98.090 LANDSCAPING REQUIREMENTS.
Landscaping shall meet the standards of Chapter
20.50 BMC. (Ord. 4950 § 8 (Exh. A) (part), 2005)
20.98.100 SIGN STANDARDS.
Signage shall meet the standards of Chapter 20.52
BMC. (Ord. 4950 § 8 (Exh. A) (part), 2005)
123
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City o f Bremerton
Zon in g Map Directory
Tables-1 (Revised 12/05)
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 (20.14)
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 (20.10)
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 (Repealed by 4901)
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 Chap-
ter 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 (Repealed by 4950)
4861 Amends § 21.02.330, off-premises signs (Repealed by 4950)
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, 10.10, 10.11)
4866 Amends Chapter 7.12, dangerous animals, and Chapter 7.14, misdemeanors, infractions, and penalties;
repeals Chapter 7.16, livestock restricted areas (7.12, 7.14)
4867 Amends Chapter 2.05, departments and directors (2.05)
4868 Adds § 2.76.550, credit/purchase card use (Repealed by 4934)
4869 Amends Chapter 3.01, Rate Table A (3.01)
4870 Westpark housing cooperation (Special)
4871 Adds Chapter 2.74, travel authorization and expense reimbursement; repeals Ord. 3693 (2.74)
4872 Natural gas franchise (Special)
4873 Community renewal plan (Special)
4874 Amends §§ 11.02.250, 11.02.260, 11.02.270, 11.02.280, 11.02.310, and 11.02.320, right-of-way use
(11.02)
4875 Energy franchise (Special)
4876 Tax levy (Special)
4877 Adds Chapter 2.01, elected official - PERS (2.01)
4878 Amends 2003 budget (Special)
4879 Amends § 3.82.020, commercial parking tax (3.82)
4880 Amends Chapter 3.01, Rate Tables A, B, C, D, E, F, and G; repeals Rate Table F1, §§ 3.01.090 and
3.01.095 (3.01)
Number Subject
(Revised 12/05)Tables-2
4881 Amends § 15.06.015, Appendix A (15.06)
4882 Amends § 3.50.050, utility taxes (3.50)
4883 2004 budget; repeals Chapters 3.10, conference center fund, and 3.38, discretionary reserve fund (Spe-
cial)
4884 Street vacation (Special)
4885 Property condemnation (Special)
4886 Amends §§ 21.02.070 and 21.02.150, zoning (Repealed by 4950)
4887 Amends § 21.02.152, zoning (Repealed by 4950)
4888 Street vacation (Special)
4889 Recodifies Ch. 2.02 to Ch. 1.02, city business hours, and Ch. 2.04 to Ch. 2.02, city council (1.02, 2.02)
4890 Amends Port Blakely initial development agreement (Special)
4891 Amends § 6.32.010, noise levels (6.32)
4892 Amends § 11.08.100; repeals § 11.08.130, sidewalks - construction, reconstruction and repair (11.08)
4893 Repeals and replaces Ch. 2.78, real property transactions; repeals city financial policy 1-20-03 (2.78)
4894 Amends §§ 2.13.090 and 2.13.110, administrative hearing examiner (2.13)
4895 Amends Ch. 3.50 and § 3.86.170, utility taxes (3.50, 3.86)
4896 Street vacation (Special)
4897 Number not used
4898 Adds Ch. 9.32, unauthorized camping, and § 10.11.050 [10.11.005]; amends title to Ch. 10.11 and
§ 10.11.010, parking enforcement (9.32, 10.11)
4899 Amends §§ 21.02.850, 21.02.855, Figure 840 and Figure 895(A), zoning (Repealed by 4950)
4900 Amends § 2.05.010; repeals Ch. 2.08 and repeals and replaces Ch. 2.09, department of financial ser-
vices (2.05, 2.09)
4901 Repeals and replaces Ch. 21.02 Appendix Figure 152(b), zoning (Repealed by 4950)
4902 Repeals § 21.02.750 (Repealer)
4903 Repeals and replaces Ch. 18.02, city fire code (18.02)
4904 Repeals and replaces Ch. 17.04, city building code (17.04)
4905 Amends § 9A.48.030, criminal impersonation (9A.48)
4906 Amends Ch. 3.01 and §§ 17.04.040 and 21.02.230, fence height and fees (3.01, 17.04)
4907 Street vacation (Special)
4908 Amends Ch. 3.01, rates and fees (3.01)
4909 Amends §§ 15.01.020, 15.01.030, 15.01.070, 15.01.090, 15.06.015, 15.06.020 and 15.06.015(a) Appen-
dix A, municipal utilities (15.01, 15.06)
4910 Amends 2004 budget (Special)
4911 Amends §§ 2.18.020 and 2.18.040, audit committee and city auditor (2.18)
4912 Street vacation (Special)
4913 Street vacation (Special)
4914 Adds § 21.22.320; amends title to Ch. 21.22 and §§ 21.22.300, 21.22.310, critical areas (20.14)
4915 Adds Ch. 10.13; amends §§ 6.32.010(f) and 13.04.100, motorized wheeled transportation devices (6.32,
10.13, 13.04)
4916 2005 tax levy (Special)
4917 2005 comprehensive plan (Special)
4918 Amends § 3.50.050, utility taxes (3.50)
4919 Amends Ch. 3.01, rates and fees (3.01)
4920 LTGO bond/Kitsap regional conference center (Special)
4921 Adopts 2005 budget (Special)
4922 Annexation (Special)
4923 Number not used
4924 Adds § 3.48.076; amends §§ 3.48.030, 3.48.050 and 3.48.090, business and occupation taxes (3.48)
4925 Amends 2004 budget (Special)
Number Subject
Tables-3 (Revised 12/05)
4926 KCCHA public development authority (Special)
4927 Amends § 10.13.110, motorized wheeled transportation devices (10.13)
4928 Amends Ch. 2.02, §§ 2.14.010 and 2.14.030, city council and investment committee (2.02, 2.14)
4929 Number not used
4930 Amends § 9A.44.100, pedestrian interference (9A.44)
4931 Adds § 3.08.040, claims fund (3.08)
4932 Adds Chs. 20.40, 20.42, 20.44, 20.46, 20.60, 20.62 and 20.62, zoning (Repealed by 4950)
4933 Cascade natural gas franchise (Special)
4934 Repeals and replaces Ch. 2.76, procurement and disposal code; repeals Ch. 2.79 (2.76)
4935 ULID No. 2002-01 final assessment (Special)
4936 Adds Ch. 2.32 [2.34], Gold Mountain Golf Complex board of directors (2.34)
4937 Adds Chs. 20.66 and 20.70, zoning (Repealed by 4950)
4938 Adds Ch. 20.02, project permits; repeals §§ 21.02.400, 21.02.410, 21.02.420, 21.02.450, 21.02.830(f),
21.02.840, 21.02.845, 21.02.850, 21.02.855, 21.02.865, 21.02.870, 21.02.875, 21.02.885, 21.02.890,
21.02.895, 21.02.935, and Figures 840, 895(a) and 895(b) of the Appendix to Ch. 21.02 (20.02)
4939 Adds Ch. 2.82, naming of parks and public facilities (2.82)
4940 Adds Chs. 2.32 and 3.12, arts commission and one percent for arts fund (2.32, 3.12)
4941 Adds Chs. 20.78, 20.80, 20.82, 20.84, 20.86 and 20.88 (Repealed by 4950)
4942 Amends Title 21 Appendix Figures 130 and 140, zoning (Repealed by 4950)
4943 Amends § 21.02.670, off-street parking space exemptions (Repealed by 4950)
4944 Water and sewer revenue bond (Special)
4945 General obligation bond (Special)
4946 Adds Chs. 20.18, 20.48, 20.50, 20.52, 20.54, 20.58, 20.74, 20.75, 20.76, 20.79, 20.90, 20.92, 20.94,
20.96, 20.97 and 20.98 (Repealed by 4950)
4947 Amends 2005 budget (Special)
4948 Street vacation (Special)
4949 Amends Title 7, animals (7.04, 7.05, 7.08, 7.10, 7.12, 7.14, 7.15, 7.16)
4950 Adds Chs. 20.18, 20.40, 20.42, 20.44, 20.46, 20.48, 20.50, 20.52, 20.54, 20.58, 20.60, 20.62, 20.64,
20.66, 20.70, 20.74, 20.75, 20.76, 20.78, 20.79, 20.80, 20.82, 20.84, 20.86, 20.88, 20.90, 20.92, 20.94,
20.96, 20.97 and 20.98, land use; renames Title 20; recodifies Chs. 20.04 as 20.12, 21.04 as 20.16,
21.06 as 20.10, 21.12 as 20.04 and 21.22 as 20.14; repeals and replaces zoning map; repeals Ords. 4194,
4222, 4236, 4285, 4293, 4325, 4546, 4557, 4567, 4591, 4592, 4664, 4680, 4713, 4723, 4768, 4774, §§ 6
– 9 of 4778, 4788, 4795, 4796, §§ 11 – 61 of 4798, 4799, 4804, 4806, 4817, 4821, 4828, 4860, 4861,
4886, 4887, 4899, § 1 of 4906, 4932, 4937, 4941, 4942, 4943 and 4946, the zoning portion of § 1
(20.04, 20.10, 20.12, 20.14, 20.16, 20.18, 20.40, 20.42, 20.44, 20.46, 20.48, 20.50, 20.52, 20.54, 20.58,
20.60, 20.62, 20.64, 20.66, 20.70, 20.74, 20.75, 20.76, 20.78, 20.79, 20.80, 20.82, 20.84, 20.86, 20.88,
20.90, 20.92, 20.94, 20.96, 20.97, 20.98)