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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 4 5 6 0 10.5 Miles Inlay shown at a reduced scale on Map 3. 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)