HomeMy WebLinkAbout08 bremerton0407_supp8SUPPLEMENT DIRECTIONS
BREMERTON MUNICIPAL CODE
Supplement No. 8 – April 2007
New, reprinted pages included with this supplement are listed by title and page number in the right-hand
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reference, the person making these changes may also date and initial this page.
This supplement includes all legislation passed up to and including Ordinance 4998, passed February 7,
2007.
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Title 2
Table of Contents .................................. Table of Contents
2.09-1 – 2.09-2 .......................................... 2.09-1 – 2.09-2
2.10-1 ....................................................................... 2.10-1
— ............................................................... 2.36-1 – 2.36-2
2.46-1 – 2.46-2 .......................................... 2.46-1 – 2.46-2
2.50-1 – 2.50-2 .......................................... 2.50-1 – 2.50-2
2.50-5 ....................................................................... 2.50-5
2.76-1 – 2.76-5 .......................................... 2.76-1 – 2.76-5
Title 3
Table of Contents .................................. Table of Contents
3.01-1 – 3.01-2 .......................................... 3.01-1 – 3.01-2
3.01-C1 – 3.01-C2 ................................ 3.01-C1 – 3.01-C2
3.01-E1 .................................................................. 3.01-E1
3.01-F1 – 3.01-F11 .............................. 3.01-F1 – 3.01-F12
3.01-G1 ................................................................. 3.01-G1
3.48-3 – 3.48-4 .......................................... 3.48-3 – 3.48-4
3.48-9 – 3.48-14 ................................... 3.48-9 – 3.48-14.1
3.50-1 – 3.50-3 .......................................... 3.50-1 – 3.50-3
— ............................................................... 3.78-1 – 3.78-5
Title 6
6.32-1 – 6.32-2.1 .................................... 6.32-1 – 6.32-2.1
Title 9
9.48-1 – 9.48-2 .......................................... 9.48-1 – 9.48-2
Title 15
15.06-1 – 15.06-2 .................................. 15.06-1 – 15.06-2
15.06-A1 – 15.06-A8 ....................... 15.06-A1 – 15.06-A8
Title 20
Table of Contents .................................. Table of Contents
20.02-1 – 20.02-4 ............................... 20.02-1 – 20.02-4.1
20.02-7 – 20.02-10 .............................. 20.02-7 – 20.02-10
20.04-7 – 20.04-8 .................................. 20.04-7 – 20.04-8
20.10-1 – 20.10-2 .................................. 20.10-1 – 20.10-2
20.12-1 – 20.12-2 .................................. 20.12-1 – 20.12-7
20.42-1 – 20.42-4 .................................. 20.42-1 – 20.42-4
(Revised 4/07)
Updated by: _______
Dated: ____________
Remove these pages Insert these pages
Title 20 (cont.)
20.42-6.1 – 20.42-8 ............................. 20.42-7 – 20.42-8.1
20.42-13 ............................................................... 20.42-13
20.50-1 – 20.50-2 ................................ 20.50-1 – 20.50-2.1
20.52-6.1 – 20.52-8 ................................ 20.52-7 – 20.52-8
20.58-3 – 20.58-4 ................................... 20.58-3 – 20.58-4
20.60-1 – 20.60-6 ................................... 20.60-1 – 20.60-6
20.64-1 – 20.64-2 ................................... 20.64-1 – 20.64-2
20.79-1 – 20.79-2 ................................... 20.79-1 – 20.79-2
20.80-1 – 20.80-2 ................................... 20.80-1 – 20.80-2
20.82-1 – 20.82-2 ................................... 20.82-1 – 20.82-2
20.84-1 – 20.84-2 ................................... 20.84-1 – 20.84-2
Tables
1 – 4 ........................................................................... 1 – 4
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arise while removing and replacing supplement pages.
(Revised 4/07)
(Revised 4/07)
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
2.12 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
2.26 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
2.36 DESIGN REVIEW BOARD
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
2.96 CODE OF ETHICS
(Revised 4/07)
2.98 BREMERTON RESERVE OFFICER BOARD OF
TRUSTEES
2.100 PUBLIC ACCESS CITIZENS ADVISORY
COMMITTEE
2.09-1 (Revised 4/07)
Chapter 2.09
DEPARTMENT OF FINANCIAL SERVICES
Sections:
2.09.010 DEPARTMENT CREATED.
2.09.020 DIRECTOR OF FINANCIAL
SERVICES AND DIVISION
MANAGERS - POSITIONS
CREATED AND
APPOINTMENT.
2.09.030 FINANCE DIVISION CREATED
- DUTIES.
2.09.050 OFFICE OF THE CITY CLERK
CREATED - DUTIES.
2.09.060 OFFICE OF HUMAN
RESOURCES CREATED -
DUTIES.
2.09.070 OFFICE OF RISK
MANAGEMENT AND SAFETY.
2.09.080 BREMERTON KITSAP ACCESS
TELEVISION (BKAT)
DIVISION CREATED - DUTIES.
2.09.010 DEPARTMENT CREATED.
There is hereby created the Department of Financial
Services.
(a) Divisions. The Department of Financial Ser-
vices shall consist of the following divisions, as well as
any other divisions established by the City Council:
(1) Finance;
(2) Office of the City Clerk;
(3) Human Resources;
(4) Office of Risk Management and Safety;
and
(5) Bremerton Kitsap Access Television
(BKAT).
(b) Duties. The Director of Financial Services
shall be in charge of the Department of Financial Ser-
vices and all divisions established thereunder. The
duties enumerated in each division as set forth in this
chapter may be reassigned within the Department of
Financial Services at the discretion of the Director of
Financial Services for the purpose of achieving work
efficiencies. The Director of Financial Services is also
responsible for the management of the Conference Cen-
ter operating fund. (Ord. 4983 §1 (part), 2006: Ord.
4966 §5 (part), 2006: Ord. 4900 §2, 2004)
2.09.020 DIRECTOR OF FINANCIAL
SERVICES AND DIVISION
MANAGERS - POSITIONS
CREATED AND APPOINTMENT.
(a) Department Director - Appointment. There is
hereby created the position of Director of Financial Ser-
vices who shall be in charge of the Department of Finan-
cial Services and all divisions established thereunder.
The Director of Financial Services shall have complete
charge of all of the work of the Department and shall be
responsible for hiring and supervising employees of the
Department. The Director of Financial Services shall be
appointed by the Mayor, subject to confirmation by the
City Council, on the basis of professional experience,
education and demonstrated knowledge of accepted
practices relating to the duties of the Department. All
appointees to the position of Director of Financial Ser-
vices are terminable at will by the Mayor as set forth in
Chapter 2.05 BMC.
(b) Division Managers - Appointment. There are
hereby created the positions of Finance Officer, Human
Resources Manager, City Clerk, Risk Manager, and
Public Access Manager as managers for their respective
divisions. The managers (hereinafter "managers" or
"division managers") shall manage the operations of
their respective divisions and shall report directly to the
Director of Financial Services. The division managers
shall be appointed by and shall serve at the pleasure of
the Director of Financial Services, subject to the
approval of the Mayor, on the basis of professional
experience, education and demonstrated knowledge of
accepted practices relating to the duties of the division.
All appointees to the division manager positions shall
serve as "at will" employees subject to termination by
the Director of Financial Services without cause at any
time with no notice or hearing unless otherwise pro-
vided pursuant to an applicable civil service rule or reg-
ulation, the City Charter, ordinance, or terms and
conditions as approved by the City Council. (Ord. 4983
§1 (part), 2006: Ord. 4966 §5 (part), 2006: Ord. 4900
§2, 2004)
2.09.030 FINANCE DIVISION CREATED -
DUTIES.
There is hereby created the Finance Division for the
purpose of performing all finance and accounting func-
tions of the City of Bremerton. The division shall be
managed by the Finance Officer who shall serve as the
City Treasurer. It shall be the duty of the Finance
Officer to:
(a) Be responsible for assisting in the management
of the City’s investment and debt portfolios.
(b) Assist City administration in budget prepara-
tion and monitoring.
(c) Maintain the accounting system in accordance
with generally accepted accounting principles (GAAP).
(Revised 4/07)2.09-2
(d) Maintain the payroll system.
(e) Exercise control of accounts payable and pur-
chasing.
(f) Maintain an inventory of capital assets.
(g) Collect and account for all City funds.
The Finance Officer shall perform such other duties
as the Mayor and Director of Financial Services may
direct or as may be required by law. (Ord. 4983 §1
(part), 2006: Ord. 4966 §5 (part), 2006: Ord. 4900 §2,
2004)
2.09.050 OFFICE OF THE CITY CLERK
CREATED - DUTIES.
There is hereby created the Office of the City Clerk
for the purpose of performing all records management
functions of the City. The division shall be managed by
the City Clerk. It shall be the duty of the City Clerk to
act as the official records keeper of the City and in such
capacity shall perform those duties as required by the
laws of the state, City Charter or City Code.
The City Clerk shall perform such other duties as
the Mayor or the Director of Financial Services may
direct or as may be required by law. (Ord. 4983 §1
(part), 2006: Ord. 4966 §5 (part), 2006: Ord. 4900 §2,
2004)
2.09.060 OFFICE OF HUMAN RESOURCES
CREATED - DUTIES.
There is hereby created the Office of Human
Resources. The division shall be managed by the
Human Resources Manager. It shall be the duty of the
Human Resources Manager to:
(a) Assist City departments with recruitment, test-
ing and hiring as applicable.
(b) Advise City departments on professional per-
sonnel management practices including performance
evaluations and employee relations.
(c) Support City Labor Negotiator and negotia-
tions advisory team.
(d) Conduct employee training and counseling.
(e) Administer employee benefit programs.
(f) Maintain personnel records.
(g) Perform salary surveys.
(h) Serve as liaison between the administration
and Civil Service Commission.
(i) Coordinate temporary placements in support of
the City Workers Compensation Program.
(j) Request background checks for all new hires.
The Human Resources Manager shall perform such
other duties as the Mayor or the Director of Financial
Services may direct or as may be required by law. (Ord.
4983 §1 (part), 2006: Ord. 4982 §1, 2006: Ord. 4966 §5
(part), 2006)
2.09.070 OFFICE OF RISK MANAGEMENT
AND SAFETY.
The division shall be managed by the Risk Man-
ager. It shall be the duty of the Risk Manager to carry out
the provisions of Chapter 2.92 BMC. The Risk Manager
shall perform such other duties as the Mayor and the
Director of Financial Service may direct or as may be
required by law. (Ord. 4983 §1 (part), 2006: Ord. 4966
§5 (part), 2006)
2.09.080 BREMERTON KITSAP ACCESS
TELEVISION (BKAT) DIVISION
CREATED - DUTIES.
There is hereby created the Bremerton Kitsap
Access Television (BKAT) Division for the purpose of
performing all public access television functions of the
City. The division shall be managed by the Public
Access Manager. It shall be the duty of the Public
Access Manager to manage the production, program-
ming and operation of the local access television station.
The Public Access Manager shall perform such
other duties as the Mayor or the Director of Financial
Services may direct or as may be required by law. (Ord.
4983 §1 (part), 2006: Ord. 4966 §5 (part), 2006: Ord.
4900 §2, 2004. Formerly 2.09.060)
2.10-1 (Revised 4/07)
Chapter 2.10
DEPARTMENT OF PUBLIC
WORKS AND UTILITIES
Sections:
2.10.010 DEPARTMENT CREATED.
2.10.020 DIRECTOR OF PUBLIC
WORKS - POSITION CREATED
AND APPOINTMENT.
2.10.030 DUTIES.
2.10.010 DEPARTMENT CREATED.
There is hereby created the Department of Public
Works and Utilities. The department shall be supervised
by the Director of Public Works and Utilities who shall
serve as its director, who shall have complete charge of
all of the work of the department, and who shall be
responsible for hiring and supervising employees of the
department. (Ord. 4810, Amended, 09/14/2002)
2.10.020 DIRECTOR OF PUBLIC WORKS -
POSITION CREATED AND
APPOINTMENT.
There is hereby created the position known as
Director of Public Works and Utilities. The Director of
Public Works and Utilities shall be appointed by the
Mayor, subject to confirmation by the City Council, on
the basis of professional experience, education and
demonstrated knowledge of accepted practices relating
to the duties of the department. (Ord. 4810, Amended,
09/14/2002)
2.10.030 DUTIES.
The Director of Public Works shall provide for the
operation, maintenance and administration of engineer-
ing, streets and public works, capital projects, facilities,
equipment services, and municipal utilities owned or
acquired by the City including, but not limited to, the
following:
(a) Establish and maintain centralized public
works and utilities including business operations, cus-
tomer service and billing, capital projects management,
property management and facilities maintenance.
(b) Manage public works and utilities engineering
projects, including field surveys, grant applications,
financing, drawings and specifications, permitting,
inspections, construction project and contract manage-
ment and records management.
(c) Manage public works field operations includ-
ing construction and maintenance of streets, electronic
communications equipment, traffic signs and signals
and street lighting programs.
(d) Manage utility operations including construc-
tion and maintenance work on sanitary, storm, and water
distribution and collection infrastructure and systems,
meter reading, installation and repair services and First
Response customer service program.
(e) Manage all aspects of water sources, quality,
treatment and compliance with applicable regulations,
including operation and maintenance of water delivery
systems, storage and supply resources.
(f) Manage wastewater pretreatment, treatment,
sanitary systems maintenance and operations.
(g) Manage watershed operations including forest
management and wastewater solids programs.
(h) Manage all aspects of fleet maintenance and
equipment services.
(i) Manage the information technology program
for the City.
The Director of Public Works shall perform such
other duties as the City Council or Mayor may direct or
as may be required by law. (Ord. 4983 §2, 2006: Ord.
4810, Amended, 09/14/2002)
2.36-1 (Revised 4/07)
Chapter 2.36
DESIGN REVIEW BOARD*
Sections:
2.36.010 PURPOSE OF BOARD.
2.36.020 DEFINITIONS.
2.36.030 BOARD ESTABLISHED.
2.36.040 MEETINGS.
2.36.050 POWERS AND DUTIES.
2.36.060 DIRECTOR’S DECISION.
2.36.070 CONFLICT OF INTEREST.
2.36.080 ADMINISTRATIVE SUPPORT.
2.36.090 RULES AND PROCEDURES.
* Code reviser’s note: Section 4 of Ordinance 4981 provides, "The
provisions set forth in Chapter 2.36 BMC adopted herein shall be
implemented upon the appointment and confirmation of a quorum
of the Design Review Board."
2.36.010 PURPOSE OF BOARD.
The purpose of the Design Review Board is to
review development applications in areas having
adopted design guidelines. The Design Review Board
will review applications and make recommendations to
the Director of Community Development regarding
design criteria for incorporation into the development
consistent with the adopted design guidelines. (Ord.
4981 §1 (part), 2006)
2.36.020 DEFINITIONS.
(a) "Board" means the Design Review Board.
(b) "Director" means the Director of Community
Development, or designee.
(c) "Design guidelines" means the document enti-
tled "Highland Avenue/Pleasant Avenue Design Guide-
lines" dated June 7, 2006, adopted by Resolution 2994,
and other similar design guidelines adopted by City
Council resolution or ordinance. (Ord. 4981 §1 (part),
2006)
2.36.030 BOARD ESTABLISHED.
(a) Membership. The Board shall consist of five
(5) appointed members. In addition, the Director shall
sit on the Board as a nonvoting member for purposes of
advising the Board on regulatory and urban design
issues. It is preferred that members of the Board be
knowledgeable in matters of design and aesthetic judge-
ment by virtue of training, education, and/or experience.
They shall possess qualities of impartiality and broad
judgement, and an ability to review two (2) dimensional
plans. Desired qualifications for Board members
include an expertise in the fields of architecture, land-
scape architecture, urban design/planning, structural
engineering, graphic, industrial and interior design, or
similar disciplines. Appointees must be residents of the
City for one (1) year prior to appointment.
(b) Appointment. Appointment to the Board shall
be made by the Mayor subject to confirmation by the
City Council. Terms of office shall consist of four (4)
year staggered terms with the initial terms consisting of
two (2) members with two (2) year terms and three (3)
members with four (4) year terms.
(c) Compensation. Board members shall serve
without compensation.
(d) Removal. When a member misses three (3)
consecutive meetings not excused by the Board, the
position may be declared vacant by a majority vote of
the Board.
(e) Chairperson. The Board shall, each year, elect
its own Chairperson and create and fill such other
offices as it may determine it requires. (Ord. 4981 §1
(part), 2006)
2.36.040 MEETINGS.
The Board shall meet at such times deemed neces-
sary for conducting business. 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. Meetings of the
Board shall be open to the public but are not subject to
the requirements of the Open Public Meetings Act,
Chapter 42.30 RCW. No special notice of the meetings
need be given nor shall such meetings be public hear-
ings although nothing shall prohibit the Board from
soliciting explanations and additional input from citi-
zens, the applicant or applicant’s representatives and
such other sources as the Board deems necessary to
enable them to complete their review of the application.
(Ord. 4981 §1 (part), 2006)
2.36.050 POWERS AND DUTIES.
The Design Review Board shall review all applica-
tions for building permits in areas having adopted
design guidelines. The Board will review the applica-
tion and make a recommendation to the Director. The
Board is not delegated any executive or legislative
power, authority or responsibility and is not acting on
behalf of the City Council or the Mayor but rather serves
in an advisory capacity and makes recommendations to
the Director. The Board and its members are to be free
from undo influence by individual City Council mem-
bers, Planning Commission members, City officials or
other persons. (Ord. 4981 §1 (part), 2006)
2.36.060 DIRECTOR’S DECISION.
The Board’s recommendation shall hold substantial
weight in the decision by the Director; however, the
Director has the authority to accept, reject or modify the
Board’s recommendation or to request clarification by
(Revised 4/07)2.36-2
the Board of its recommendation. Any deviation from
the recommendation shall be documented in the find-
ings and conclusions. The Director’s decision shall be
incorporated into the decision on the permit application.
(Ord. 4981 §1 (part), 2006)
2.36.070 CONFLICT OF INTEREST.
A member of the Board shall not participate in
review of a project for which he or she has a conflict of
interest in accordance with the City code. (Ord. 4981 §1
(part), 2006)
2.36.080 ADMINISTRATIVE SUPPORT.
The Department of Community Development shall
provide administrative support for the Board. (Ord.
4981 §1 (part), 2006)
2.36.090 RULES AND PROCEDURES.
The Board may adopt rules and procedures it deems
necessary for the conducting of business. Provision
shall be made for a record of proceedings (minutes),
reports, studies, findings, conclusions and recommenda-
tions. (Ord. 4981 §1 (part), 2006)
2.46-1 (Revised 4/07)
Chapter 2.46
EMPLOYEE AWARD PROGRAM
Sections:
2.46.010 ESTABLISHMENT AND
INTENT.
2.46.020 DEFINITIONS.
2.46.030 SUGGESTION AWARD.
2.46.040 SUGGESTION AWARD BOARD
- ANNUAL REPORT.
2.46.060 CRITERIA FOR SUBMISSION
OF SUGGESTIONS.
2.46.070 PROCEDURE FOR MAKING
AND CONSIDERING
SUGGESTIONS.
2.46.080 CERTIFICATES OF MERIT.
2.46.090 CASH AWARDS - AMOUNT.
2.46.100 EMPLOYEE RECOGNITION -
AWARDS.
2.46.010 ESTABLISHMENT AND INTENT.
There is established an employee award program in
order to recognize suggestions and exemplary service
from City employees which benefits the City in provid-
ing services to the citizens. (Ord. 4593, Amended,
6/11/97; Ord. 4071 §1, 1986)
2.46.020 DEFINITIONS.
As used in this chapter, unless the context requires
otherwise:
(a) "Board" means the Employee Suggestion
Awards Board.
(b) "Program" means the suggestion program
developed under this chapter.
(c) "Employee" means any person employed by
the City and occupying an authorized budget position
but not including elected officials of the City.
(d) "Eligible suggestions" means suggestions
which fulfill the criteria for submission and have been
submitted in conformance with procedures for submis-
sion established in this chapter.
(e) "Days" means the normal office hours and
days that City Hall is open. (Ord. 4593, Amended,
6/11/97; Ord. 4071 §2, 1986)
2.46.030 SUGGESTION AWARD.
(a) There is created a Suggestion Award Board
composed of seven (7) members, as follows: the Human
Resources Manager, one (1) department head, one (1)
management and professional employee, one (1) com-
missioned police officer, one (1) commissioned fire
fighter, and two (2) general employees. The administra-
tion of the program is vested in this Board.
(b) The Board shall elect annually a Chairperson
from among its members. The Board shall meet in reg-
ular session at least once each quarter. Additional meet-
ings may be called by the Chairperson.
(c) A majority of the members of the Board shall
constitute a quorum for the transaction of all business;
provided, however, a majority vote of the members of
the Board shall be necessary in order to adopt any
motion or resolution with reference to the making of
awards. The Chairperson shall keep minutes of Board
meetings and other such records as the Board may deem
necessary for its proper function. (Ord. 4593, Amended,
6/11/97; Ord. 4071 §3(1 - 2), 1986)
2.46.040 SUGGESTION AWARD BOARD -
ANNUAL REPORT.
The Board shall prepare an annual report covering
the preceding calendar year. This report shall be submit-
ted to both the City Council and the Mayor, and shall
include:
(a) Information concerning suggestions approved
for awards;
(b) Total amounts and type of awards;
(c) Administrative costs of the program;
(d) Measurable savings to the City; and
(e) Other information and statistical data deemed
pertinent by the Board. (Ord. 4593, Amended, 6/11/97;
Ord. 4071 §3(3), 1986)
2.46.060 CRITERIA FOR SUBMISSION OF
SUGGESTIONS.
Participation in the program shall be limited to
those employees who submit a suggestion in accordance
with the following regulations:
(a) To be eligible for a money or a paid leave
award, a suggestion must make possible an extension of
public service commensurate with the expense involved
or an elimination or reduction of City expenditures with-
out substantially impairing such service, or provide a
desirable safety factor.
(b) Employees shall not be eligible for an award
for suggestions pertaining to subjects in which the sug-
gestor, either directly or indirectly, has a proprietary
interest.
(c) If duplicate suggestions are submitted, only the
first received by the Board shall be eligible for an award.
(Ord. 4593, Amended, 6/11/97; Ord. 4071 §4, 1986)
2.46.070 PROCEDURE FOR MAKING AND
CONSIDERING SUGGESTIONS.
The following procedure for making and consider-
ation of suggestions is established:
(a) Suggestions may be submitted directly to a
Board member, to the individual employee’s depart-
ment head for transferal to the Board or by any other
(Revised 4/07)2.46-2
method established by the Board pursuant to this chap-
ter.
(b) Suggestions shall be submitted in a legible
form and shall include:
(1) A specific statement of what is suggested
and how it can be accomplished;
(2) A brief statement describing the present
methods, practices or problem; and
(3) A statement of the potential of the savings,
improved services or benefits which will occur from the
adoption of the suggestion.
(c) Suggestions must be signed and each suggestor
shall execute the following agreement:
"In consideration of my participation in the Sugges-
tion Award Program, I hereby agree that the use by the
City of Bremerton of my suggestion concerning ... shall
not be the basis of a claim of any nature against the City
of Bremerton by me, my heirs, executor or assigns."
(d) The Board shall record and acknowledge
receipt of eligible suggestions, shall advise the sug-
gestors of any undue delay in the consideration thereof,
and shall notify the suggestor of action taken as soon as
final consideration has been made.
(e) Eligible suggestions may be referred for con-
sideration to the departments affected, which shall,
within twenty (20) days thereafter, report its findings
and recommendations to the Board. The departmental
report shall indicate whether or not a suggestion has
been adopted and the actual or estimated reduction of
expenditures or the value thereof to the City.
(f) The Board shall evaluate each eligible sugges-
tion, taking into consideration departmental action and
the intent of the program; and it shall formulate and
transmit to the Mayor an official recommendation cov-
ering the justifications of each suggestion that merits an
award and the type and amount thereof. A suggestion
which has been put into effect by the City department
concerned must be submitted to the Board for award
consideration.
(g) The Mayor, upon approval of a recommenda-
tion of the Board, may authorize a money award, a paid
leave award or an appropriate commendation.
(h) A suggestor may file a written request to the
Mayor for reconsideration of an adopted suggestion
which had been rejected by the Board. Rejected sugges-
tions subsequently adopted may be resubmitted to the
Board in the regular manner.
(i) The City Council may request, through the
Audit Committee, a cost benefit analysis of the program.
(Ord. 4593, Amended, 06/11/1997; Ord. 4071 §5, 1986)
2.46.080 CERTIFICATES OF MERIT.
The Board may issue certificates of merit in such
form and manner as they determine. Such certificates
may be in addition to or in lieu of other awards. (Ord.
4593, Amended, 06/11/1997; Ord. 4071 §6, 1986)
2.46.090 CASH AWARDS - AMOUNT.
No cash award shall be for less than one hundred
dollars ($100.00) or for more than the maximum amount
of two thousand dollars ($2,000) or equivalent paid
leave. The Board shall consult with the employee and
department head in awarding cash and/or paid leave.
The award shall be calculated as follows:
(a) Awards for suggestions which will result in
demonstrable savings of money shall be approximately
ten (10) percent of the estimated value to the City of the
suggestion during the first year following its adoption,
as determined by the Board.
(b) Suggestions which will result in noncost sav-
ings improvements, such as benefits in safety, health
and welfare, insofar as possible, will be commensurate
with the benefits anticipated from the suggestion. (Ord.
4593, Amended, 06/11/1997; Ord. 4071 §7, 1986)
2.46.100 EMPLOYEE RECOGNITION -
AWARDS.
(a) The Mayor, or assigns, shall have the authority
to recognize and award employees, either individually
or as a class, for accomplishments including outstanding
achievements, performance, longevity, outstanding
public service, or service. Recognition awards may not
exceed seventy-five dollars ($75.00) in value per
employee. Such awards may include, but not be limited
to, cash or such items as pen and desk sets, plaques,
pins, framed certificates, clocks, calculators, flowers,
candy and gift certificates.
(b) The following standards are established for
making the award:
(1) Department directors may submit a rec-
ommendation to the Mayor for recognition and an award
together with the basis for the recommendation.
(2) The Mayor will consider and evaluate the
recommendation and approve the award at his/her dis-
cretion. (Ord. 4995 §1, 2007: Ord. 4593, Added,
06/11/1997)
2.50-1 (Revised 4/07)
Chapter 2.50
MANAGEMENT AND PROFESSIONAL STAFF
COMPENSATION PROGRAM
Sections:
2.50.010 POLICY STATEMENT.
2.50.020 APPLICABILITY,
EXCLUSIONS AND
EXEMPTIONS.
2.50.030 SALARY PLAN.
2.50.031 ADJUSTMENT OF SALARY
BAND LEVELS.
2.50.032 ACTUAL SALARY RATE.
2.50.034 INITIAL BENEFITS FOR
DEPARTMENT HEADS.
2.50.040 WORK SCHEDULES AND
LEAVE BENEFITS.
2.50.050 DEFERRED
COMPENSATION/INSURANCE
OPTIONS.
2.50.060 RETIREMENT BENEFITS.
2.50.070 MEDICAL AND DENTAL
INSURANCE BENEFITS.
2.50.080 WORKERS’ COMPENSATION.
2.50.090 SEVERANCE PAY.
2.50.010 POLICY STATEMENT.
(a) It is the policy of the City of Bremerton to pro-
vide a management and professional compensation pro-
gram which enables the City to employ staff who
possess the necessary skills and abilities to effectively:
(1) Manage the delivery of existing City ser-
vices and the provision of essential municipal govern-
ment support functions;
(2) Evaluate and plan future service needs;
(3) Advise and support the policy-making
activities of the City’s elected officials; and
(4) Implement policy changes enacted by the
elected representatives of the citizens of Bremerton.
(b) It is also the policy of the City of Bremerton to
structure the classification and compensation program
for management and professional staff in a manner
which assures that:
(1) The actual duties assigned to a classifica-
tion are appropriate to the assigned level of responsibil-
ity;
(2) Compensation levels are consistent with
the level of responsibilities assumed by staff and appro-
priate to the City’s financial circumstances;
(3) Individual salary rates appropriately
reflect each person’s performance and experience at the
responsibility level assumed with the City of Bremer-
ton.
(c) The provisions of this program shall be applied
equally to all persons included in the program without
discrimination as to age, sex, marital status, race, color,
creed, religion, national origin, political affiliation; or
mental, physical or sensory handicap, unless based upon
a bona fide occupational qualification. (Ord. 4305 §1 (in
part), 1991).
2.50.020 APPLICABILITY, EXCLUSIONS
AND EXEMPTIONS.
(a) Applicability. The provisions of the program
adopted by this chapter shall only apply to salaried man-
agement and professional appointive positions desig-
nated as such and authorized in the City’s annual
budget; provided, however, for the City Auditor, the
responsibilities of the Mayor shall be exercised by the
Audit Committee, and for the City Attorney, Mayoral
approvals shall be forwarded to the City Council and
may be modified by the Council President.
(b) Exclusion from Representation. All classifica-
tions and all positions within classifications covered by
this program along with other City officials represent
"the employer" for purposes of labor relations. As such,
no classification and no position within a classification
which is included in a representation unit for the pur-
pose of collective bargaining under the State of Wash-
ington’s public employee collective bargaining statutes
contained in Chapter 41.56 RCW shall be included in
this program.
(c) Noncoverage and Exemption under Fair Labor
Standards Act. No classification, no position within a
classification and no incumbent of a position which does
not qualify for noncoverage or exemption from the Fair
Labor Standards Act shall be included in this program.
(Ord. 4539, Amended, 12/18/1995; Ord. 4462 §1, 1994;
Ord. 4461 §3, 1994; Ord. 4452 §1, 1994; Ord. 4430 §1,
1993; Ord. 4408 §1, 1993; Ord. 4387 §1, 1992; Ord.
4358 §2, 1992; Ord. 4305 §1 (in part), 1991)
2.50.030 SALARY PLAN.
A salary plan for management and professional
staff shall be structured and salaries set for covered
employees as follows:
(a) Each position included in BMC 2.50.020 shall
be assigned to a salary band. Assignment of positions to
bands shall be based upon general salary levels paid by
municipal governments of similar size, demography and
financial resources for similar responsibilities. A salary
survey for each position shall be conducted every five
(5) years or as otherwise appropriate to ensure correct
assignment to salary bands. The survey shall be con-
ducted in conformance with a plan which shall be pre-
sented to the City Council prior to implementation and
which shall specify: (1) the municipal governments to
(Revised 4/07)2.50-2
be included in the survey; (2) the criteria used to select
the municipalities for inclusion; (3) identification of the
procedures to be used; and (4) personnel assigned to
conduct the survey.
(1) Band Differential. The percentage differ-
ential between the maximum rates of salary bands shall
be approximately five (5) percent.
(2) Band Range. Salary rates of a band range
shall have eight (8) rates. Rate 1 is approximately five
(5) percent below Rate 2. Rate 2 through Rate 8 in the
band shall be spread approximately two and one-half
(2.5) percent. The spread between the minimum and
maximum rates shall be approximately twenty-two (22)
percent. (Ord. 4984 §1, 2006: Ord. 4401 §1 (in part),
1993)
2.50.031 ADJUSTMENT OF SALARY BAND
LEVELS.
The City Council shall provide for adjustments to
salary band levels as are consistent with the Council’s
CPI salary adjustment policy each year. (Ord. 4984 §2,
2006: Ord. 4401 §1 (in part), 1993)
2.50.032 ACTUAL SALARY RATE.
Each person included in the plan shall have his or
her actual salary rate set as follows:
(a) Initial Rate. The salary rate of a person upon
appointment to a management or professional position
shall be set no lower than Rate 1 of the salary band to
which an employee’s position is assigned. When it is in
the best interest of the City, the City Council may autho-
rize an initial salary of a newly hired person at a rate
which exceeds Rate 1.
(b) In-Range Rate Adjustment. Each person hired
on or after January 1, 1993, shall be eligible for a salary
rate advancement upon completion of twelve (12) full
months at each rate in the salary band. Each person
employed in a position in the plan on January 1, 1993,
shall be eligible for a salary rate advancement on Janu-
ary 1st of each calendar year. To receive an in-range rate
adjustment, the employee must be evaluated as "meets
expectations" (or equivalent) on his or her work perfor-
mance evaluation. Those employees who receive a rat-
ing that exceeds the rating "meets expectations" (or
equivalent) may be eligible to receive an additional
adjustment. The adjustment, if in excess of one (1) rate,
shall be determined by recommendation of the depart-
ment head and Mayor, with the approval of the City
Council.
A rate advancement that was denied may be granted
following a minimum sixty (60) day review period of
the employee’s performance.
Notwithstanding the above, when it is in the best
interest of the City, the City Council upon the recom-
mendation of the Mayor may authorize an in-range
adjustment to provide additional salary in instances of
promotion, to provide for internal equity corrections, or
for another reason deemed appropriate by the City
Council.
(c) Rate at Upgrading or Downgrading. Upon the
City Council’s approval of downgrading a person’s
classification to a lower salary band, the person’s initial
salary rate will be set at the same rate in the new band
that was in effect in the former salary band. In the event
a person’s salary rate exceeds the maximum rate of the
salary band to which his or her position is assigned on
the date of downgrading, his or her actual salary rate
shall be frozen until such time as the maximum rate of
the new band is equal to or greater than his or her actual
salary and, at such time, the employee’s salary rate shall
be set at the maximum rate of the salary band to which
his or her position is assigned.
In the event an employee is moved from one (1)
classification to another classification which is at a
higher salary band or, if an employee’s classification is
moved from one (1) band to a higher band, the
employee’s salary rate at the higher band shall be set at
the next step which is higher than the salary he or she
was receiving at the former band.
Time the employee had served at the former step
shall be used in determining the time required to
advance to the next step of the new band. (Ord. 4984 §3,
2006: Ord. 4551, Amended, 05/23/1996; Ord. 4458 §1,
1994; Ord. 4401 §1 (in part), 1993)
2.50.034 INITIAL BENEFITS FOR
DEPARTMENT HEADS.
When it is in the best interest of the City, the City
Council may authorize increased or additional benefits
in hiring a department head beyond those specified in
this chapter. Any extraordinary benefits must be
included in the department head’s employment contract
approved by the City Council. (Ord. 4551, Added,
05/23/1996)
2.50.040 WORK SCHEDULES AND LEAVE
BENEFITS.
(a) Work Schedules. Managers and professional
staff shall arrange such work schedules as are needed for
the effective accomplishment of work and which are at
2.50-5 (Revised 4/07)
with Federal FICA Laws and State Retirement Laws.
(Ord. 4305 §1 (in part), 1991)
2.50.070 MEDICAL AND DENTAL
INSURANCE BENEFITS.
(a) A manager or staff member covered by this
program and who qualifies for and is a member of the
LEOFF I or II, and PERS I and II State Retirement Sys-
tems has the same medical and dental insurance plans,
coverages and premium payments made available to
him or her as are granted to the represented employees
employed in his or her department who are included in
that particular system. A manager or staff member who
can provide documentation of alternative medical insur-
ance coverage may elect to receive one hundred fifty
dollars ($150.00) per month in lieu of enrolling in a
medical plan offered by the City. Effective January 1,
2007, the City will pay one hundred (100) percent of the
cost of coverage for employees and dependents for
vision coverage provided through the Association of
Washington Cities.
(b) Effective January 1, 2007, the City will offer
short-term disability insurance coverage to management
and professional employees on a voluntary basis, which
will be paid by the employee through payroll deduction.
(Ord. 4984 §4, 2006: Ord. 4305 §1 (in part), 1991)
2.50.080 WORKERS’ COMPENSATION.
Each manager and staff member shall receive such
workers’ compensation benefits as are provided by the
City pursuant to State laws. A manager or staff member
who incurs a work-related illness or injury and who
qualifies to receive workers’ compensation benefits
shall be allowed to use accrued sick leave to supplement
the workers’ compensation benefits so as to provide the
same salary he or she would have received for full-time
active service, taking into account that workers’ com-
pensation payments are not subject to federal or social
security taxes. In no event shall the combination of
workers’ compensation and sick leave exceed the
amount of an employee’s regular salary at any time of
the disability period. (Ord. 4305 §1 (in part), 1991)
2.50.090 SEVERANCE PAY.
Unless otherwise provided pursuant to the City
Charter, ordinance, or civil service rule or regulation as
applicable, a manager or professional staff member may
be separated from employment without cause ("at will")
from a position included in this program upon receiving
thirty (30) calendar days’ written notice of separation or
pay in lieu of all or part of said notice. A person so sep-
arated shall not have the right to displace any other per-
son employed by the City by virtue of employment in a
management or professional position. The person so
separated shall receive severance pay upon separation
based upon years of employment with the City as fol-
lows:
(a) Through two (2) full years of employment: two
(2) months’ severance pay.
(b) Through five (5) full years of employment: two
and one-half (2.5) months’ severance pay.
(c) Over five (5) years of employment: three (3)
months’ severance pay. (Ord. 4810, Amended,
09/14/2002; Ord. 4305 §1 (in part), 1991)
2.76-1 (Revised 4/07)
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.
2.76.160 POLICIES AND PROCEDURES.
2.76.010 PURPOSE.
It is the purpose of this chapter to provide guide-
lines for the purchase of goods and services by the City
in order to maintain an efficient and accountable pur-
chasing process. It is also the purpose of this chapter 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 partic-
ular supplier would be more appropriate due to a spe-
cialized need of the City. (Ord. 4975 §1, 2006: 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 2.76.100. Bids for pur-
chases shall be obtained as follows:
(Revised 4/07)2.76-2
(a) Purchases of Ten Thousand Dollars ($10,000)
or Less. Any contract for which the estimated cost to
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. 4975 §2, 2006: 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
2.76-3 (Revised 4/07)
entered into through direct negotiations. (Ord. 4934 §3
(part), 2005)
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. Bid
splitting includes the inappropriate division of a pur-
chase into separate units for purchase and/or over a
period of time merely for the purpose of avoiding the
required approval processes. Bid splitting does not
include the purchase of goods or services by different
City departments or offices for unrelated projects or pur-
poses. (Ord. 4975 §3, 2006: 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,
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 4/07)2.76-4
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
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.
2.76-5 (Revised 4/07)
(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-
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)
2.76.160 POLICIES AND PROCEDURES.
The Mayor is authorized to establish and implement
policies and procedures deemed appropriate for the
administration of this chapter. These policies and proce-
dures shall be set forth in City Policy No. 1-20-03. (Ord.
4975 §4, 2006)
(Revised 4/07)
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
3.78 MULTIFAMILY PROPERTY TAX EXEMPTION
3.80 LEASEHOLD EXCISE TAX
3.82 COMMERCIAL PARKING TAX
3.84 EXCISE TAX ON REAL ESTATE SALES
3.86 ADMINISTRATIVE PROVISIONS FOR TAXES
3.88 WASTEWATER OPERATING FUND
3.96 DEFERRED COMPENSATION FUND
3.99 PENDERGAST REGIONAL PARK
CONSTRUCTION FUND
3.01-1 (Revised 4/07)
Chapter 3.01
RATES AND FEES
Sections:
3.01.010 INCORPORATION OF RATE
TABLES.
3.01.020 FINANCIAL SERVICES - RATE
TABLE A.
3.01.030 MUNICIPAL COURT - RATE
TABLE B.
3.01.040 COMMUNITY DEVELOPMENT
- RATE TABLE C.
3.01.050 POLICE DEPARTMENT - RATE
TABLE D.
3.01.060 FIRE DEPARTMENT - RATE
TABLE E.
3.01.070 PARKS AND RECREATION
DEPARTMENT - RATE TABLE
F.
3.01.080 PUBLIC WORKS AND
UTILITIES - RATE TABLE G.
3.01.100 NONRESIDENTIAL USE OF
CITY SERVICES.
3.01.010 INCORPORATION OF RATE
TABLES.
The following Rate Tables A through G attached to
the ordinance codified in this chapter are incorporated
herein by this reference and hereby adopted.
Where the City has adopted State codes pursuant to
Chapters 17.04 and 18.02 BMC, State rates listed for the
Uniform Building, Plumbing, Mechanical and Fire
Codes are adopted as City rates as listed in Tables C and
E and are subject to uniform rate changes made by the
State. (Ord. 4880 §1 (in part), 2003; Ord. 4730, Reaf-
firmed, 11/30/2000; Ord. 4677, Added, 12/11/1999)
3.01.020 FINANCIAL SERVICES - RATE
TABLE A.
Regulatory License Fees
Business License Fees
Parking Fees
Utility/Lien Search Fees
Document Reproduction Fees
Check Handling Fee
(Ord. 4964 §2 (Exh. A), 2006; Ord. 4880 §§1 (in part),
2 (in part), 2003; Ord. 4869 §1, 2003; Ord. 4859 Exh. A,
2003; Ord. 4835, Amended, 12/20/2002; Ord. 4807,
Amended, 06/28/2002; Ord. 4803, Amended,
05/03/2002; Ord. 4730, Reaffirmed, 11/30/2000; Ord.
4677, Added, 12/11/1999)
3.01.030 MUNICIPAL COURT - RATE
TABLE B.
Hearing Examiner Appeal
Parking Fines
(Ord. 4880 §§1 (in part), 2 (in part), 2003; Ord. 4865
Exh. A, 2003; Ord. 4835, Amended, 12/20/2002; Ord.
4730, Reaffirmed, 11/30/2000; Ord. 4677, Added,
12/11/1999)
3.01.040 COMMUNITY DEVELOPMENT -
RATE TABLE C.
Subdivisions
Shoreline Master Program
State Environmental Policy Act (SEPA)
Appeal to Hearing Examiner
Abatements
Building Permit Fees
Plan Review Fees
Mechanical Permit Fees
Plumbing Permit Fees
Grading Permit and Plan Review Fees
Zoning Ordinance
Comprehensive Plan
Site Plan Review
Site Development Permit
Miscellaneous Fees
(Ord. 4980 §3 (Exh. B), 2006; Ord. 4970 §5, 2006; Ord.
4968 §2 (Exh. A), 2006; Ord. 4955 §1 (part) (Exh. A),
2005; Ord. 4908 §1, 2004; Ord. 4906 §3, 2004; Ord.
4880 §§1 (in part), 2 (in part), 2003; Ord. 4730,
Reaffirmed, 11/30/2000; Ord. 4677, Added,
12/11/1999)
3.01.050 POLICE DEPARTMENT - RATE
TABLE D.
Traffic Accident Reports
Fingerprints
Criminal History Check
Verification Letter for Lost or Stolen Property
Photo Prints
Licenses for Dogs and Cats
Alarm Compliance Fee
Service Fee for Anti-Harassment Order
Service of Arrest Warrants and Subpoenas
(Ord. 4955 §1 (part) (Exh. A), 2005; Ord. 4880 §§1 (in
part), 2 (in part), 2003; Ord. 4810, Amended,
09/14/2002; Ord. 4807, Amended, 06/28/2002; Ord.
4730, Reaffirmed, 11/30/2000; Ord. 4677, Added,
12/11/1999)
3.01.060 FIRE DEPARTMENT - RATE
TABLE E.
Ambulance Transport Fee
EMS Service Call to Assisted Living, Long-Term
Care and Adult Care Facilities
(Revised 4/07)3.01-2
Fire Rescue Boat Response
Hazard Materials Response
Stand-By Time
Active Firefighting
False Alarm Fee
Sprinkler/Fire Alarm Plans
Fire Watch
(Ord. 4989 §1 (part) (Exh. A), 2006; Ord. 4955 §1 (part)
(Exh. A), 2005; Ord. 4919 §1, 2004; Ord. 4880 §§1 (in
part), 2 (in part), 2003; Ord. 4835, Amended,
12/20/2002; Ord. 4730, Reaffirmed, 11/30/2000; Ord.
4677, Added, 12/11/1999)
3.01.070 PARKS AND RECREATION
DEPARTMENT - RATE TABLE F.
Facility Use Rental Rates
Sheridan Community Center - Room Rental Rates
Bremerton Senior Citizens Center - Room Rental
Rates
Jarstad Aquatic Center
Park Shelters - Reservation Fees
Park Reservation Fees
Special Events, Celebrations, Weddings
Athletic Field - Reservations
Blueberry Park - Pea Patch Annual Rate
Lions Tennis Court Lights
Program Fees and Charges
New Programs
Glenn Jarstad Aquatic Center
Athletic Programs Fees
Senior Citizens Center and Recreation Division
Programs
Ivy Green Cemetery - Fees and Charges
Gold Mountain Golf Complex
(Ord. 4989 §1 (part) (Exh. A), 2006; Ord. 4955 §1 (part)
(Exh. A), 2005; Ord. 4919 §1, 2004; Ord. 4880 §§1 (in
part), 2 (in part), 3 (in part), 2003; Ord. 4835, Amended,
12/20/2002; Ord. 4803, Amended, 05/03/2002; Ord.
4730, Reaffirmed, 11/30/2000; Ord. 4728, Reaffirmed,
11/30/2000; Ord. 4677, Added, 12/11/1999; Ord. 4674,
Amended, 11/30/1999)
3.01.080 PUBLIC WORKS AND UTILITIES -
RATE TABLE G.
Right-of-Way Use Permits Fees
Right-of-Way Vacation
Telecom Master Permit Fee
Telecom License Fee
(Ord. 4989 §1 (part) (Exh. A), 2006; Ord. 4955 §1 (part)
(Exh. A), 2005; Ord. 4880 §§1 (in part), 2 (in part),
2003; Ord. 4835, Amended, 12/20/2002; Ord. 4730,
Reaffirmed, 11/30/2000; Ord. 4677, Added,
12/11/1999)
3.01.100 NONRESIDENTIAL USE OF CITY
SERVICES.
Non-City residents shall pay the rates shown on
Rate Table F multiplied by one hundred twenty (120)
percent with the exception of daily admission fees and
merchandise for sale. (Ord. 4880 §1 (part), 2003; Ord.
4731, Reaffirmed, 11/30/2000; Ord. 4678, Added,
12/11/1999)
3.01-C1 (Revised 4/07)
COMMUNITY DEVELOPMENT – RATE TABLE C
All Rates Listed Are “Not To Exceed” Fees
RATE
C. DEPARTMENT OF COMMUNITY DEVELOPMENT
1. SUBDIVISIONS
Preliminary Short $1,000.00 + $150.00 per lot
Preliminary Formal Plat/Binding Site Plan $2,500.00 +
$150.00/lot (1 - 100
lots); $100.00/lot
(101 - 200 lots);
$75.00/lot (201+ lots)
Final $315.00
2. SHORELINE MASTER PROGRAM
Substantial Development Permit $650.00
Conditional Use Permit $1,750.00
Shoreline Variance $1,750.00
Permit Revision $325.00
Shoreline Exemption $100.00
3. STATE ENVIRONMENTAL POLICY ACT (SEPA)
Checklist $320.00
Environmental Impact Statement Review/Adoption $650.00 + additional cost of
expertise
4. APPEAL (to Hearing Examiner)$175.00
5. ABATEMENTS
Dangerous Building $900.00 + direct service and
supply cost
Garbage & Weed $640.00 + direct service and
supply cost
6. BUILDING PERMIT FEES - Refer to Exhibit 1
7. PLAN REVIEW FEES
Note: 50% of the Plan Review Fee may be waived in cases of multiple
submittals of identical residential plans within a calendar year. This waiver
shall not apply in the event of an applicable code change.
65% of the building permit
fee as set forth in Exhibit 1
8. MECHANICAL PERMIT FEES - Refer to Exhibit 2
9. PLUMBING PERMIT FEES - Refer to Exhibit 3
10. GRADING PERMIT AND PLAN REVIEW FEES - Refer to Exhibit 4
11. ZONING ORDINANCE
Ordinance Amendments
Text $740.00
Rezone (Map Amendment) $740.00
Variance
Administrative $325.00
Public Hearing/Single-Family $500.00
Public Hearing/Other $1,750.00
(Revised 4/07)3.01-C2
Residential Cluster Development $1,500.00
Development Agreements $1,600.00
Conditional Use Permit
Administrative (No Public Hearing) $350.00
Hearing Examiner/Single-Family Residential $500.00
Hearing Examiner/Other $1,750.00
Nonconforming Use Determination $275.00
Director’s Code Interpretation $175.00
12. COMPREHENSIVE PLAN
Text or Map Amendment $1,500.00
Combined Text and Map Amendment $2,500.00
13. SITE PLAN REVIEW
Four or Fewer Residential Units $250.00
Other $500.00
14. SITE DEVELOPMENT PERMIT $500.00
(Fee waived if concurrent with site plan review)
15. MISCELLANEOUS FEES
Multifamily Property Tax Exemption Application $1,500.00
COMMUNITY DEVELOPMENT – RATE TABLE C
All Rates Listed Are “Not To Exceed” Fees
RATE
3.01-E1 (Revised 4/07)
FIRE DEPARTMENT – RATE TABLE E
All Rates Listed Are “Not To Exceed” Fees
RATE
E. FIRE DEPARTMENT
1. AMBULANCE TRANSPORT FEE
ALS Residents $450.00
ALS Nonresidents $550.00
BLS Residents $375.00
BLS Nonresidents $450.00
Mileage $9.00/mile
2. EMS SERVICE CALL TO ASSISTED LIVING, LONG-TERM CARE
AND ADULT CARE FACILITIES
$100.00 after first response per
quarter
3. FIRE RESCUE BOAT RESPONSE
Resident $115.00
Nonresidents $200.00
4. HAZARD MATERIALS RESPONSE
Rice Hull Ash Actual Cost per Bag
Absorbent Pads Actual Cost per Bag
5. STAND-BY TIME
Per Crew of 3 $98.00/hour
Fire Engine - Crew of 4 $115.00/hour
6. ACTIVE FIREFIGHTING
Fire Engine $123.00/hour
Aerial Ladder $205.00/hour
7. FALSE ALARM FEE $120.00 for second
$225.00 for 3 or more
8. SPRINKLER/FIRE ALARM PLANS UBC or IFC Rates*
*Uniform Building Code or International Fire Code
9. FIRE WATCH $40.00/hour
3.01-F1 (Revised 4/07)
PARKS & RECREATION DEPT. – RATE TABLE F
All Rates Listed Are “Not To Exceed” Fees
RATE
F. PARKS AND RECREATION DEPARTMENT
NONRESIDENT FEE - BASE FEE PLUS 20%
1. FACILITY USE RENTAL RATES
Facility use policies apply
Appropriate taxes are included in rates unless otherwise noted
(a) SHERIDAN COMMUNITY CENTER - ROOM RENTAL RATES
(Group A) NONCOMMERCIAL - Rental Rates
Recreation and/or educational purposes only
Per hour, 2-hour minimum
Daytime (Monday - Friday: 8:00 a.m. to 5:00 p.m.)
Lounge $7.35
Room A, B, C, or Conference Room $5.25
Gym $15.75
Evenings (Monday - Thursday: 5:00 p.m. to 10:00 p.m.)
Lounge $15.75
Room A, B, C $10.50
Conference Room $12.60
Gym $21.00
Party Package (Lounge & Gym) $31.50
Entire Building - Up to 8 hours $525.00
Additional Staff (per hour) $15.75
Regular Groups (10 or more meetings a year reserved in advance) 20% discount
Friday Evening (5:00 p.m. to 10:00 p.m.) & Saturday and Sunday
Lounge $21.00
Room A, B, C $10.50
Conference Room $12.60
Gym $26.25
Party Package (Lounge & Gym) $42.00
Entire Building - Up to 8 hours $525.00
Additional Staff (per hour) $15.75
(Revised 4/07)3.01-F2
(Group B) COMMERCIAL - Rental Rates
Recreational and/or educational purposes only
Per hour, 2-hour minimum
Lounge $26.50
Room A, B, C $21.00
Conference Room $21.00
Gym $42.00
Room Package (Lounge & Gym) $73.50
Entire Building - Up to 8 hours $840.00
Additional Staff (per hour) $15.75
(b) BREMERTON SENIOR CITIZENS CENTER - ROOM RENTAL RATES
(Group A) NONCOMMERCIAL - Rental Rates
Room Rental Fees - Per hour, 2-hour minimum
Cardroom/Meeting Room $15.75
Main Room $31.50
Kitchen $10.50
Additional Staffing (per hour) $11.25
Entire Facility - Up to 8 hours $210.00
(Group B) COMMERCIAL - Rental Rates
Room Rental Fees - Per hour, 2-hour minimum
Cardroom/Meeting Room $31.50
Main Room $63.00
Kitchen $21.00
Additional Staffing (per hour) $17.00
Entire Facility - Up to 8 hours $420.00
(c) JARSTAD AQUATIC CENTER
(Group A) NONCOMMERCIAL - Rental Rates
Private - Nonprofit
Up to 50 Participants Per hour $66.00
Staffing each added hour $14.00
51 - 100 Per hour $77.00
101 - 150+ Per hour $88.00
Gallery $7.00
Team
Deep Lanes Per hour per lane $3.40
Shallow Lanes Per hour per lane $2.35
Staffing Per hour as needed $15.00
PARKS & RECREATION DEPT. – RATE TABLE F
All Rates Listed Are “Not To Exceed” Fees
RATE
3.01-F3 (Revised 4/07)
School Lessons
Up to 35 Students $58.00
36 - 45 Students $70.00
46 - 55 Students $82.00
(Group B) COMMERCIAL - Rental Rates
Commercial Per hour $69.00
Deep Lanes Per hour per lane $6.90
Shallow Lanes Per hour per lane $4.60
Staffing Per hour as needed $15.00
(d) PARK SHELTERS - RESERVATION FEES
Four-hour sessions per reservation unless noted.
Note - Shelter 4 is not reservable. Use of shelter 4 is on a first-come/first-served basis.
Parties who have reserved the other Evergreen Park shelters may not use shelter 4 at
the same time.
(Group A) NONCOMMERCIAL - Rental Rates
Evergreen Shelter 1 $52.50
Evergreen Shelter 2, 3, 5, or 6 $26.25
Evergreen Shelter 4 (not reservable) no charge
Evergreen Ampitheatre with Amplified Sound $100.00
Lions Park Shelter $36.75
Upper NAD $21.00
Lent Landing Gazebo $26.25
(Group B) COMMERCIAL - Rental Rates
Evergreen Shelter 1 $78.75
Evergreen Shelter 2, 3, 5, or 6 $42.00
Evergreen Shelter 4 (not reservable) no charge
Evergreen Ampitheatre with Amplified Sound $150.00
Lions Park Shelter $52.50
Upper NAD $31.50
Lent Landing Gazebo $42.00
(e) PARK RESERVATION FEES
Parks without shelters or miscellaneous park areas $26.25
PARKS & RECREATION DEPT. – RATE TABLE F
All Rates Listed Are “Not To Exceed” Fees
RATE
(Revised 4/07)3.01-F4
(f) SPECIAL EVENTS, CELEBRATIONS, WEDDINGS
Louis Mentor Boardwalk $210.00
Other parks
Reservation fee +
$100.00
(g) ATHLETIC FIELD - RESERVATIONS
Per hour unless noted
(Group A) NONCOMMERCIAL - Rental Rates $15.75
(Group B) COMMERCIAL - Rental Rates $31.50
Game Fee - Softball $26.25
Game Fee - Soccer $42.00
(h) BLUEBERRY PARK - PEA PATCH ANNUAL RATE
Recreational purposes only
1/2 plot (20 ft. by 20 ft.) $19.00
1 plot (20 ft. by 40 ft.) $38.00
1+ lot (20 ft. by 50 ft.) $57.00
(i) LIONS TENNIS COURT LIGHTS
1 token (1 hour)$1.50
6 tokens (6 hours)$7.50
2. PROGRAM FEES & CHARGES
(a) NEW PROGRAMS
See Section 3,
subsection (a) of
this table
(b) GLENN JARSTAD AQUATIC CENTER
ADMISSIONS
Youth (0 - 3 yrs.)no charge
Youth (4 - 17 yrs.)$2.75
Adult (18 - 54 yrs.)$3.25
Seniors (55 & up)$2.75
Disabled $2.75
Adult Fitness $3.25
Senior Fitness $2.75
Disabled Fitness $2.75
Special Public $1.00
PARKS & RECREATION DEPT. – RATE TABLE F
All Rates Listed Are “Not To Exceed” Fees
RATE
3.01-F5 (Revised 4/07)
PUNCH CARDS
Youth 10 punch $22.00
Youth 20 punch $44.00
Adult 10 punch $26.00
Adult 20 punch $52.00
Senior/Disabled 10 punch $22.00
Senior/Disabled 20 punch $44.00
Fitness/Lesson 10 punch $26.00
Fitness/Lesson 20 punch $52.00
Senior/Disabled Fitness 10 punch $22.00
Senior/Disabled Fitness 20 punch $44.00
PASSES
Youth 6 months $118.00
Youth 12 months $230.00
Adult 6 months $140.00
Adult 12 months $272.00
Senior/Disabled 6 months $118.00
Senior/Disabled 12 months $230.00
SWIMMING LESSONS
Youth 30 minutes $3.75
Adult 30 minutes $4.00
Private 30 minutes $14.00
Semi-Private 30 minutes $22.00
Parent Tot $3.25
Family Lessons 30 minutes, family of four $70.00
ITEMS FOR SALE
Basic Goggles $6.00
Deluxe Goggles $14.00
Latex Cap $4.00
Ear Plug $3.00
Nose Plug $3.00
New Items
(includes Washington State Sales Tax)
Not to exceed
cost plus 75%
(c) ATHLETIC PROGRAM FEES
VOLLEYBALL
Co-ed (Fall & Winter) per team $250.00
PARKS & RECREATION DEPT. – RATE TABLE F
All Rates Listed Are “Not To Exceed” Fees
RATE
(Revised 4/07)3.01-F6
Men and Women (Spring) per team $250.00
Men and Co-ed Sand (Summer) per team $120.00
Open Gym (Oct. - June) per person $2.50
SOCCER
Player’s Fee per player $42.00
BASKETBALL
Men’s League (Fall & Winter) per team $475.00
Boy’s League (Winter) per team $275.00
Girl’s League (Fall) per player $57.75
SOFTBALL
Men’s League (Spring) per team $550.00
Men’s League - Player’s Fee (Spring) per player $20.00
Sunday Co-ed (Spring) per team $400.00
Sunday Co-ed - Player’s Fee (Spring) per player $15.00
Co-ed League (Fall) per team $460.00
Co-ed - Player’s Fee (Fall) per player $13.50
Men’s League (Fall) per team $410.00
Men’s League - Player’s Fee (Fall) per player $13.50
TOURNAMENTS (SOFTBALL AND SOCCER)
- INVITATIONAL TOURNAMENTS
Lions - One Day $320.00
Lions - Two Days $500.00
Lions - Three Days $700.00
Pendergast - One Day $390.00
Pendergast - Two Days $685.00
Pendergast - Three Days $800.00
- STATE TOURNAMENTS
Lions - One Day $470.00
Lions - Two Days $700.00
Lions - Three Days $800.00
Pendergast - One Day $590.00
Pendergast - Two Days $780.00
Pendergast - Three Days $950.00
- Regional and National Tournaments will pay no less than State fees, but rates will be
negotiated
PARKS & RECREATION DEPT. – RATE TABLE F
All Rates Listed Are “Not To Exceed” Fees
RATE
3.01-F7 (Revised 4/07)
3. SENIOR CITIZEN CENTER AND RECREATION DIVISION PROGRAMS
(a) PROGRAM FEE FORMULAS. Except for the Senior Citizens’ Trip Program, participant
fees for activities (programs, classes, events, etc.) promoted by the Senior Citizen
Center and the Recreation Division are established by the following formulas:
A. Activities When the Instructor Is on the Payroll.
[(Total class hours including preparation) x (Instructor’s hourly wage) x (1.2
Administration factor)] divided by (minimum # of students per activity) + (the cost of
group supplies divided by minimum # of students) + Cost of individual class supplies, if
applicable = Student class fee for City of Bremerton Resident.
B. Activities When the Instructor Is on Contract.
[(Price per student required by the Instructor less class supply fees) x (1.2
Administration factor)] + Class supply fees = Student class fee for City of Bremerton
Resident.
C. Nonresident Fees.
For recreation classes, programs, swim passes and rentals - ranging from:
$5.00 to $25.00 add on 20%
$25.01 to $50.00 add a flat $5.00
$50.01 to $100.00 add a flat $10.00
$100.01 to $200.00 add a flat $20.00
$200.01+ add a flat $40.00
(b) SENIOR CENTER ACTIVITIES
Participants pay an annual membership fee resident or nonresident in lieu of the 20%
nonresident rate
Couples Membership is for two people, at least one needs to be 55 or better, who
reside at the same address.
Community Members Memberships are for senior living facilities who are interested
in purchasing a group of tickets (10, 20 or more). Residency is based on where the
senior living facility is located.
Associate Memberships are for those individuals not yet 55 but who still would like to
participate in the programs, trips and classes offered at the center.
Senior Citizen – City resident annual membership $5.75
Senior Citizen – Nonresident annual membership $11.50
Senior Center – City resident couples annual membership $10.50
Senior Center – Nonresident couples annual membership $21.00
Senior Center – City resident associate annual membership $9.50
Senior Center – Nonresident associate annual membership $15.75
(c) SENIOR CENTER TRIPS Actual costs plus
25%
PARKS & RECREATION DEPT. – RATE TABLE F
All Rates Listed Are “Not To Exceed” Fees
RATE
(Revised 4/07)3.01-F8
PARKS & RECREATION DEPT. – RATE TABLE F
All Rates Listed Are “Not To Exceed” Fees
4. IVY GREEN CEMETERY - FEES AND CHARGES
RATE
RESIDENT
RATE
NONRESIDENT
(a) ADULT BURIAL
Grave Site $882.00 $1,058.40
Opening/Closing $551.25 $661.50
Liner $540.75 $648.90
Oversize Liner (if required) $783.72 $940.46
Grave Side Service Preparation (optional) $153.72 $184.46
(b) VETERANS PLOT
Opening/Closing $551.25 $661.50
Liner $540.75 $648.90
Oversize Liner (if required) $783.72 $940.46
Grave Side Service Preparation (optional) $183.75 $220.50
Stone Marker Setting $93.24 $111.89
Bronze Marker Setting $83.16 $99.79
(c) INFANT BURIAL
Infant Plot in Babyland $215.46 $258.55
Opening/Closing $335.16 $402.19
Liner $235.62 $282.74
Grave Side Service Preparation (optional) $183.75 $220.50
(d) DISINTERMENT
Removal & Opening of New Site $1,152.90 $1,383.48
Site Purchase $882.00 $1,058.40
Liner $522.90 $627.48
Removal (only) $758.10 $922.32
Cremaining $183.96 $220.75
(e) ADDITIONAL BURIAL COSTS
2 hour max. $153.72 $184.46
4 hour max. $307.44 $368.93
(f) LINERS
Adult $540.75 $648.90
Infant $235.62 $282.74
Cremation Vault (2 piece) $126.00 $151.20
Oversize Liner (if required) $783.72 $940.46
3.01-F9 (Revised 4/07)
(g) OPENING AND CLOSING
Adult $551.25 $661.50
Infant (Babyland) $335.16 $402.19
Urn Interment (per urn) $105.00 $126.00
(h) BURIAL SITES
Adult $882.00 $1,058.40
Infant (Babyland) $215.46 $258.55
Infant (any site not in Babyland) $882.00 $1,058.40
(i) INURNMENT
Cement Vault $126.00 $151.20
Opening/Closing $126.00 $151.20
Grave Side Service Preparation (optional) $183.75 $220.50
Second Right of Inurnment $210.00 $252.00
(j) DISURNMENTS
Urn $183.96 $220.75
(k) RAISE GRAVE $123.48 $148.18
(l) MARKERS
5" x 8" bronze plus tax $73.50 $88.20
4" x 12" x 2" x 3" plus tax $79.80 $95.76
8" x 16" x 2" x 3" plus tax $84.00 $100.80
10" x 20" x 2" x 3" plus tax $94.50 $113.40
12" x 24" x 2" x 3" plus tax $99.75 $119.70
12" x 24" bronze plus tax $99.75 $119.70
12" x 36" x 2" x 3" plus tax $147.00 $176.40
14" x 36" x 2" x 3" plus tax $152.25 $182.70
PARKS & RECREATION DEPT. – RATE TABLE F
All Rates Listed Are “Not To Exceed” Fees
(Revised 4/07)3.01-F10
PARKS & RECREATION DEPT. – RATE TABLE F
All Rates Listed Are “Not To Exceed” Fees
RATE
5. GOLD MOUNTAIN GOLF COMPLEX (prices do not include sales tax)
(a) CASCADE COURSE
Friday 18 Holes $33.00
Weekday 18 Holes*$30.00
Weekday 2:00 p.m. - 3:00 p.m. $27.00
Weekend/Holiday 18 Holes (3) $39.00
Weekend 2:00 p.m. - 3:00 p.m. $31.00
Weekday 9 Holes*$21.00
Weekend/Holiday 9 Holes $25.00
Weekday 9-Hole Continue* $9.00
Weekend/Holiday 9-Hole Continue $15.00
Twilight Weekday*$22.00
Twilight Weekend/Holiday $25.00
League Rate**$20.00
Senior 18 Holes*$25.00
Junior 18 Holes* $13.00
Junior Twilight Weekend/Holiday $14.00
All Day Monday - Tuesday $53.00
Annual Pass Single $1,600.00
Annual Pass Couple $2,600.00
Annual Pass Family*** $2,400.00 plus
$200.00 per junior
Annual Pass Senior Single** $1,100.00
Annual Pass Senior Couple** $1,800.00
Semi-Annual Single - first 1/2 of year $800.00
Semi-Annual Single - second 1/2 of year $850.00
Semi-Annual Couple - first 1/2 of year $1,300.00
Semi-Annual Couple - second 1/2 of year $1,350.00
Semi-Annual Senior Single** - first 1/2 of year $550.00
Semi-Annual Senior Single** - second 1/2 of year $575.00
Semi-Annual Senior Couple** - first 1/2 of year $900.00
Semi-Annual Senior Couple** - second 1/2 of year $950.00
Senior Punch Card** (2) $200.00
Regular 20-Round Punch Card $480.00
Regular 10-Round Punch Card $260.00
Junior 10-Round Punch Card $90.00
Low-Income Senior Punch Card** **** (2) $90.00
Corporate Pass* (2) $2,300.00
Daily Private Cart $17.00
3.01-F11 (Revised 4/07)
Annual Cart Fee $140.00
Shotgun Tournament (Not to Exceed 18-Hole Green Fee) $55.00
Military Pass (100) no tax $2,200.00
* Monday through Thursday
** Not for Saturday, Sunday or holiday
*** From June through September, juniors may only play after 11:00 a.m. on
weekends and holidays
**** Age 62 & up with household income < $18,000.00 (RCW 71.38.070)
1. A reduced rate, not less than the current twilight rate, may be offered with the
approval of the Director of Parks and Recreation
2. May be used for twilight any day of the week including holidays
3. Saturday, Sunday or holiday (May through September not to exceed rate)
(b) OLYMPIC COURSE
Friday 18 Holes $46.00
Weekday 18 Holes*$41.00
Weekday 2:00 p.m. - 3:00 p.m. $33.00
Weekend/Holiday 18 Holes (2) $60.00
Weekend 2:00 p.m. - 3:00 p.m. $44.00
Weekday 9 Holes*$25.00
Weekend/Holiday 9 Holes $35.00
Weekday 9-Hole Continue* $17.00
Weekend/Holiday 9-Hole Continue $25.00
Twilight Weekday*$25.00
Twilight Weekend/Holiday $27.00
Junior Twilight Weekend $20.00
All Day Monday - Tuesday $53.00
League Rate** $20.00
Senior 18 Holes*$35.00
Junior 18 Holes*$23.00
Cascade Passes and Punch Cards $13.00
Shotgun Tournament (Not to Exceed 18-Hole Green Fee) (2) $70.00
Weekend Early Bird $45.00
Weekday Early Bird $31.00
Pass Plus $13.00
* Monday through Thursday
** Not for Saturday, Sunday or holiday
PARKS & RECREATION DEPT. – RATE TABLE F
All Rates Listed Are “Not To Exceed” Fees
RATE
(Revised 4/07)3.01-F12
1. A reduced rate, not less than the current twilight rate, may be offered with the approval of the Parks and
Recreation Director
2. Saturday, Sunday or holiday (May through September not to exceed rate)
PARKS & RECREATION DEPT. – RATE TABLE F
All Rates Listed Are “Not To Exceed” Fees
RATE
3.01-G1 (Revised 4/07)
FIRE DEPARTMENT – RATE TABLE G
All Rates Listed Are “Not To Exceed” Fees
G. PUBLIC WORKS AND UTILITIES DEPARTMENT
RATE
1. RIGHT-OF-WAY USE PERMITS FEES
Type A (Short-Term Use) Regular $160.00
Type B (Disturbance of ROW)
Sidewalk Repairs $55.00
Driveway, Transverse Street Patch and Spot
Patches $160.00
Frontage Improvements (Curb, Gutter, Sidewalk,
Illumination, Etc.); Longitudinal Street Patch $3.15/foot with a $160.00 minimum
New Street $5.25/foot with a $625.00 minimum
Water & Sewer Mains & Laterals (ROW Permit) $160.00
Type C (Long-Term Use)
Application and Processing $100.00
Use Longer Than One Year 1/10 adjoining land value set in the County
Assessor’s records per square foot of
impacted ROW annually with a $100.00
minimum
Use Shorter Than One Year 1/50 adjoining land value set in the County
Assessor’s records per square foot of
impacted ROW monthly with a $100.00
minimum
Type D Regular (Franchised Utility Routine Maintenance) $100.00
Plan Reviews $0.25/foot of improvement with $105.00
minimum
Additional Work $45.00/hour + equipment charges
2. RIGHT-OF-WAY VACATION $575.00
3. TELECOM MASTER PERMIT FEE $525.00/one time
4. TELECOM LICENSE FEE $210.00/one time
3.48-3 (Revised 4/07)
(2) Any person engaged in any business activity
taxable under BMC 3.48.050(1)(g);
(3) Any person who purchases, acquires, or uses
any competitive telephone service as herein defined,
other than for resale in the regular course of business;
(4) Any person who purchases, acquires, or uses
any personal, business, or professional service defined
as a retail sale or retail service in BMC 3.48.030 other
than for resale in the regular course of business;
(5) Any person who is an end user of software;
(6) Any person engaged in the business of "public
road construction" in respect to tangible personal prop-
erty when that person incorporates the tangible personal
property as an ingredient or component of a publicly
owned street, place, road, highway, easement, right-of-
way, mass public transportation terminal or parking
facility, bridge, tunnel, or trestle by installing, placing or
spreading the property in or upon the right-of-way of a
publicly owned street, place, road, highway, easement,
bridge, tunnel, or trestle or in or upon the site of a pub-
licly owned mass public transportation terminal or park-
ing facility;
(7) Any person who is an owner, lessee or has the
right of possession to or an easement in real property
which is being constructed, repaired, decorated,
improved, or otherwise altered by a person engaged in
business;
(8) Any person who is an owner, lessee, or has the
right of possession to personal property which is being
constructed, repaired, improved, cleaned, imprinted, or
otherwise altered by a person engaged in business;
(9) Any person engaged in "government contract-
ing." Any such person shall be a consumer within the
meaning of this subsection in respect to tangible per-
sonal property incorporated into, installed in, or
attached to such building or other structure by such per-
son.
Nothing contained in this or any other subsection of
this section shall be construed to modify any other defi-
nition of "consumer."
"Deficiency." "Deficiency" means the amount of tax
imposed by law less any tax reported by the taxpayer on
a tax return.
"Director." "Director" means the Director of Financial
Services of the City or any officer, agent or employee of
the City designated to act on the Director’s behalf.
"Eligible gross receipts tax." The term "eligible gross
receipts tax" means a tax which:
(1) Is imposed on the act or privilege of engaging
in business activities within BMC 3.48.050; and
(2) Is measured by the gross volume of business,
in terms of gross receipts and is not an income tax or
value added tax; and
(3) Is not, pursuant to law or custom, separately
stated from the sales price; and
(4) Is not a sales or use tax, business license fee,
franchise fee, royalty or severance tax measured by vol-
ume or weight, or concession charge, or payment for the
use and enjoyment of property, property right or a priv-
ilege; and
(5) Is a tax imposed by a local jurisdiction,
whether within or without the State of Washington, and
not by a country, state, province, or any other non-local
jurisdiction above the County level.
"Engaging in business," "nexus."
(1) The term "engaging in business" means com-
mencing, conducting, or continuing in business, and
also the exercise of corporate or franchise powers, as
well as liquidating a business when the liquidators
thereof hold themselves out to the public as conducting
such business.
(2) This section sets forth examples of activities
that constitute engaging in business in the City, and
establishes safe harbors for certain of those activities so
that a person who meets the criteria may engage in de
minimis business activities in the City without having to
register and obtain a business license or pay City busi-
ness and occupation taxes. The activities listed in this
section are illustrative only and are not intended to nar-
row the definition of "engaging in business" in subsec-
tion (1) of this definition. If an activity is not listed,
whether it constitutes engaging in business in the City
shall be determined by considering all the facts and cir-
cumstances and applicable law.
(3) Without being all inclusive, any one of the fol-
lowing activities conducted within the City by a person,
or its employee, agent, representative, independent con-
tractor, broker or another acting on its behalf constitutes
engaging in business and requires a person to register
and obtain a business license pursuant to Chapter 5.02
BMC.
(a) Owning, renting, leasing, maintaining, or
having the right to use, or using, tangible personal prop-
erty, intangible personal property, or real property per-
manently or temporarily located in the City.
(b) Owning, renting, leasing, using, or main-
taining, an office, place of business, or other establish-
ment in the City.
(c) Soliciting sales.
(d) Making repairs or providing maintenance
or service to real or tangible personal property, includ-
ing warranty work and property maintenance.
(e) Providing technical assistance or service,
including quality control, product inspections, warranty
work, or similar services on or in connection with tangi-
ble personal property sold by the person or on its behalf.
(f) Installing, constructing, or supervising
installation or construction of, real or tangible personal
property.
(Revised 4/07)3.48-4
(g) Soliciting, negotiating, or approving fran-
chise, license, or other similar agreements.
(h) Collecting current or delinquent accounts.
(i) Picking up and transporting tangible per-
sonal property, solid waste, construction debris, or exca-
vated materials.
(j) Providing disinfecting and pest control
services, employment and labor pool services, home
nursing care, janitorial services, appraising, landscape
architectural services, security system services, survey-
ing, and real estate services including the listing of
homes and managing real property.
(k) Rendering professional services such as
those provided by accountants, architects, attorneys,
auctioneers, consultants, engineers, professional ath-
letes, barbers, baseball clubs and other sports organiza-
tions, chemists, consultants, psychologists, court
reporters, dentists, doctors, detectives, laboratory oper-
ators, teachers, veterinarians.
(l) Meeting with customers or potential cus-
tomers, even when no sales or orders are solicited at the
meetings.
(m) Training or recruiting employees, agents,
representatives, independent contractors, brokers or oth-
ers, domiciled or operating on a job in the City, acting
on its behalf, or for customers or potential customers.
(n) Investigating, resolving, or otherwise
assisting in resolving customer complaints.
(o) In-store stocking or manipulating products
or goods, sold to and owned by a customer, regardless
of where sale and delivery of the goods took place.
(p) Delivering goods in vehicles owned,
rented, leased, used, or maintained by the person or
another acting on its behalf.
(q) Accepting or executing a contract with the
City, irrespective of whether goods or services are deliv-
ered within or without the City, or whether the person’s
office or place of business is within or without the City.
(4) If a person, or its employee, agent, representa-
tive, independent contractor, broker or another acting on
the person’s behalf, engages in no other activities in or
with the City but the following, it need not register and
obtain a business license and pay tax:
(a) Meeting with suppliers of goods and ser-
vices as a customer.
(b) Meeting with government representatives
in their official capacity, other than those performing
contracting or purchasing functions.
(c) Attending meetings, such as board meet-
ings, retreats, seminars, and conferences, or other meet-
ings wherein the person does not provide training in
connection with tangible personal property sold by the
person or on its behalf.
(d) Renting tangible or intangible property as
a customer when the property is not used in the City.
(e) Attending, but not participating in a "trade
show" or "multiple vendor events." Persons participat-
ing at a trade show shall review the City’s trade show or
multiple vendor event ordinances.
(f) Mere delivery of goods via common car-
rier.
(g) Conducting advertising through the mail.
(h) Soliciting sales by phone from a location
outside the City.
(5) A seller located outside the City merely deliv-
ering goods into the City by means of common carrier is
not required to register and obtain a business license
provided that it engages in no other business activities in
the City.
(6) "Nexus." A person has created nexus with the
City if, whether itself or by its employees, agents, repre-
sentative, independent contractors, brokers or others
acting on its behalf, it:
(a) Is physically present in the City;
(b) Endeavors to maintain a share of the mar-
ket within the City; or
(c) Avails itself of the economic benefits of
the City.
The City expressly intends that engaging in busi-
ness include any activity sufficient to establish nexus for
purposes of applying the tax under the law and the con-
stitutions of the United States and the State of Washing-
ton. Nexus is presumed to continue as long as the
taxpayer benefits from the activity that constituted the
original nexus generating contact or subsequent con-
tacts.
"Extracting." "Extracting" is the activity engaged in by
an extractor and is reportable under the extracting clas-
sification.
"Extractor." "Extractor" means every person who
from the person’s own land or from the land of another
under a right or license granted by lease or contract,
either directly or by contracting with others for the nec-
essary labor or mechanical services, for sale or for com-
mercial or industrial use, mines, quarries, takes or
produces coal, oil, natural gas, ore, stone, sand, gravel,
clay, mineral or other natural resource product; or fells,
cuts or takes timber, Christmas trees, other than planta-
tion Christmas trees, or other natural products; or takes
fish, or takes, cultivates, or raises shellfish, or other sea
or inland water foods or products. "Extractor" does not
include persons performing under contract the neces-
sary labor or mechanical services for others; persons
cultivating or raising fish entirely within confined rear-
ing areas on the person’s own land or on land in which
the person has a present right of possession; or persons
who fell, cut, or take plantation Christmas trees from the
3.48-9 (Revised 4/07)
"Software," "canned software," "custom software,"
"customization of canned software," "master cop-
ies," "retained rights."
(1) "Canned software" means software that is cre-
ated for sale to more than one (1) person. For purposes
of this chapter, canned software is deemed to be tangible
personal property regardless of the method of delivery-
tangible media (e.g., disk or installed on hardware) or
intangible (e.g., electronically over telecommunications
paths).
(2) "Custom software" means software created for
a single person.
(3) "Customization of canned software" means
any alteration, modification, or development of applica-
tions using or incorporating canned software to specific
individualized requirements of a single person. Custom-
ization of canned software includes individualized con-
figuration of software to work with other software and
computer hardware but does not include routine instal-
lation. Customization of canned software does not
change the underlying character or taxability of the orig-
inal canned software.
(4) "Master copies" of software means copies of
software from which a software developer, author,
inventor, publisher, licensor, sublicensor, or distributor
makes copies for sale or license. The software encoded
on a master copy and the media upon which the software
resides are both ingredients of the master copy.
(5) "Retained rights" means any and all rights,
including intellectual property rights such as those
rights arising from copyrights, patents, and trade secret
laws, that are owned or are held under contract or
license by a software developer, author, inventor, pub-
lisher, licensor, sublicensor, or distributor.
(6) "Software" means any information, program,
or routine, or any set of one (1) or more programs, rou-
tines, or collections of information used, or intended for
use, to convey information that causes one (1) or more
computers or pieces of computer-related peripheral
equipment, or any combination thereof, to perform a
task or set of tasks. "Software" includes the associated
documentation, materials, or ingredients regardless of
the media upon which that documentation is provided,
that describes the code and its use, operation, and main-
tenance and that typically is delivered with the code to
the consumer. All software is classified as either canned
or custom.
"Successor." "Successor" means any person to whom a
taxpayer quitting, selling out, exchanging, or disposing
of a business sells or otherwise conveys, directly or indi-
rectly, in bulk and not in the ordinary course of the tax-
payer’s business, any part of the materials, supplies,
merchandise, inventory, fixtures, or equipment of the
taxpayer. Any person obligated to fulfill the terms of a
contract shall be deemed a successor to any contractor
defaulting in the performance of any contract as to
which such person is a surety or guarantor.
"Tax year," "taxable year." "Tax year" or "taxable
year" means the calendar year.
"Taxpayer." "Taxpayer" means any person, as herein
defined, required to have a business license under this
chapter or liable for the collection of any tax or fee under
this chapter, or who engages in any business or who per-
forms any act for which a tax or fee is imposed by this
chapter.
"Tuition fee." "Tuition fee" includes library, labora-
tory, health service and other special fees, and amounts
charged for room and board by an educational institu-
tion when the property or service for which such charges
are made is furnished exclusively to the students or fac-
ulty of such institution. "Educational institution," as
used in this section, means only those institutions cre-
ated or generally accredited as such by the State and
includes educational programs that such educational
institution cosponsors with a non-profit organization, as
defined by the Internal Revenue Code Section
501(c)(3), as hereafter amended, if such educational
institution grants college credit for course work success-
fully completed through the educational program, or an
approved branch campus of a foreign degree-granting
institution in compliance with Chapter 28B.90 RCW,
and in accordance with RCW 82.04.4332 or defined as
a degree-granting institution under RCW 28B.85.010(3)
and accredited by an accrediting association recognized
by the United States Secretary of Education, and offer-
ing to students an educational program of a general aca-
demic nature or those institutions which are not operated
for profit and which are privately endowed under a deed
of trust to offer instruction in trade, industry, and agri-
culture, but not including specialty schools, business
colleges, other trade schools, or similar institutions.
"Value of products."
(1) The value of products, including by-products,
extracted or manufactured, shall be determined by the
gross proceeds derived from the sale thereof whether
such sale is at wholesale or at retail, to which shall be
added all subsidies and bonuses received from the pur-
chaser or from any other person with respect to the
extraction, manufacture, or sale of such products or by-
products by the seller.
(2) Where such products, including by-products,
are extracted or manufactured for commercial or indus-
trial use; and where such products, including by-prod-
ucts, are shipped, transported or transferred out of the
City, or to another person, without prior sale or are sold
under circumstances such that the gross proceeds from
the sale are not indicative of the true value of the subject
matter of the sale; the value shall correspond as nearly
as possible to the gross proceeds from sales in this State
of similar products of like quality and character, and in
similar quantities by other taxpayers, plus the amount of
(Revised 4/07)3.48-10
subsidies or bonuses ordinarily payable by the purchaser
or by any third person with respect to the extraction,
manufacture, or sale of such products. In the absence of
sales of similar products as a guide to value, such value
may be determined upon a cost basis. In such cases,
there shall be included every item of cost attributable to
the particular article or article extracted or manufac-
tured, including direct and indirect overhead costs. The
Director may prescribe rules for the purpose of ascer-
taining such values.
(3) Notwithstanding subsection (2) of this defini-
tion, the value of a product manufactured or produced
for purposes of serving as a prototype for the develop-
ment of a new or improved product shall correspond to
(a) the retail selling price of such new or improved prod-
uct when first offered for sale; or (b) the value of mate-
rials incorporated into the prototype in cases which the
new or improved product is not offered for sale.
"Value proceeding or accruing." "Value proceeding
or accruing" means the consideration, whether money,
credits, rights, or other property expressed in terms of
money, a person is entitled to receive or which is actu-
ally received or accrued. The term shall be applied, in
each case, on a cash receipts or accrual basis according
to which method of accounting is regularly employed in
keeping the books of the taxpayer. The value proceeding
or accruing from sales on the installment plan under
conditional contracts of sale shall be reported as of the
dates when the payments become due.
"Wholesaling." "Wholesaling" means engaging in the
activity of making sales at wholesale, and is reported
under the wholesaling classification. (Ord. 4988 §1,
2006; Ord. 4924 §1, 2004; Ord. 4843, Added,
01/03/2003)
3.48.040 AGENCY - SALES AND SERVICES
BY AGENT, CONSIGNEE, BAILEE,
FACTOR OR AUCTIONEER.
(1) Sales in Own Name - Sales or Purchases as
Agent. Every person, including agents, consignees, bai-
lees, factors or auctioneers having either actual or con-
structive possession of tangible personal property or
having possession of the documents of title thereto, with
power to sell such tangible personal property in the per-
son’s own name and actually so selling shall be deemed
the seller of such tangible personal property within the
meaning of this chapter.
The burden shall be upon the taxpayer in every case
to establish the fact that such taxpayer is not engaged in
the business of selling tangible personal property but is
acting merely as broker or agent in promoting sales or
making purchases for a principal. Such claim will be
recognized only when the contract or agreement
between such persons clearly establishes the relation-
ship of principal and agent and when the following con-
ditions are complied with:
(a) The books and records of the broker or
agent show the transactions were made in the name and
for the account of the principal, and show the name of
the actual owner of the property for whom the sale was
made, or the actual buyer for whom the purchase was
made.
(b) The books and records show the amount of
the principal’s gross sales, the amount of commissions
and any other incidental income derived by the broker or
agent from such sales. The principal’s gross sales must
not be reflected as the agent’s income on any of the
agent’s books and records. Commissions must be com-
puted according to a set percentage or amount, which is
agreed upon in the agency agreement.
(c) No ownership rights may be conferred to
the agent unless the principal refuses to pay, or refuses
to abide by the agency agreement. Sales or purchases of
any goods by a person who has any ownership rights in
such goods shall be taxed as retail or wholesale sales.
(d) Bulk goods sold or purchased on behalf of
a principal must not be co-mingled with goods belong-
ing to another principal or lose their identity as belong-
ing to the particular principal. Sales or purchases of any
goods which have been co-mingled or lost their identity
as belonging to the principal shall be taxed as retail or
wholesale sales.
(2) If the above requirements are not met the con-
signor, bailor, principal or other shall be deemed a seller
of such property to the agent, consignee, bailee, factor or
auctioneer.
(3) Services in Own Name - Procuring Services as
Agent. For purposes of this subsection, an agent is a per-
son who acts under the direction and control of the prin-
cipal in procuring services on behalf of the principal that
the person could not itself render or supply. Amounts
received by an agent for the account of its principal as
advances or reimbursements are exempted from the
measure of the tax only when the agent is not primarily
or secondarily liable to pay for the services procured.
Any person who claims to be acting merely as agent
in obtaining services for a principal will have such claim
recognized only when the contract or agreement
between such persons clearly establishes the relation-
ship of principal and agent and when the following con-
ditions are complied with:
(a) The books and records of the agent show
that the services were obtained in the name and for the
account of the principal, and show the actual principal
for whom the purchase was made.
(b) The books and records show the amount of
the service that was obtained for the principal, the
amount of commissions and any other income derived
by the agent for acting as such. Amounts received from
the principal as advances and reimbursements must not
3.48-11 (Revised 4/07)
be reflected as the agent’s income on any of the agent’s
books and records. Commissions must be computed
according to a set percentage or amount, which is agreed
upon in the agency agreement. (Ord. 4843, Added,
01/03/2003)
3.48.050 IMPOSITION OF THE TAX - TAX
OR FEE LEVIED.
(1) Imposition of the Tax - Tax or Fee Levied.
Except as provided in subsection (2) of this section,
there is hereby levied upon and shall be collected from
every person a tax for the act or privilege of engaging in
business activities within the City, whether the person’s
office or place of business be within or without the City.
The tax shall be in amounts to be determined by appli-
cation of rates against gross proceeds of sale, gross
income of business, or value of products, including by-
products, as the case may be, as follows:
(a) Extractor. Upon every person engaging
within the City in business as an extractor; as to such
persons the amount of the tax with respect to such busi-
ness shall be equal to the value of the products, includ-
ing by-products, extracted for sale or for commercial or
industrial use, multiplied by the rate of one and six-
tenths of one percent (.0016). The measure of the tax is
the value of the products, including by-products, so
extracted, regardless of the place of sale or the fact that
deliveries may be made to points outside the City.
(b) Manufacturer. Upon every person engag-
ing within the City in business as a manufacturer; as to
such persons the amount of the tax with respect to such
business shall be equal to the value of the products,
including by-products, manufactured, multiplied by the
rate of one and six-tenths of one percent (.0016). The
measure of the tax is the value of the products, including
by-products, so manufactured, regardless of the place of
sale or the fact that deliveries may be made to points
outside the City.
(c) Wholesale. Upon every person engaging
within the City in the business of making sales at whole-
sale; as to such persons, the amount of tax with respect
to such business shall be equal to the gross proceeds of
such sales of the business without regard to the place of
delivery of articles, commodities or merchandise sold,
multiplied by the rate of one and six-tenths of one per-
cent (.0016).
(d) Retail. Upon every person engaging
within the City in the business of making sales at retail;
as to such persons, the amount of tax with respect to
such business shall be equal to the gross proceeds of
such sales of the business without regard to the place of
delivery of articles, commodities or merchandise sold,
multiplied by the rate of one and one quarter of one per-
cent (.00125).
(e) Printing and Publishing. Upon every per-
son engaging within the City in the business of (i) print-
ing, (ii) both printing and publishing newspapers,
magazines, periodicals, books, music, and other printed
items, (iii) publishing newspapers, magazines and peri-
odicals, (iv) extracting for hire, and (v) processing for
hire; as to such persons, the amount of tax on such busi-
ness shall be equal to the gross income of the business
multiplied by the rate of one and nine-tenths of one per-
cent (.0019).
(f) Retail Service. Upon every person engag-
ing within the City in the business of making sales of
retail services; as to such persons, the amount of tax
with respect to such business shall be equal to the gross
proceeds of sales multiplied by the rate of two tenths of
one percent (.002).
(g) Service. Upon every other person engag-
ing within the City in any business activity other than or
in addition to those enumerated in the above subsec-
tions; as to such persons, the amount of tax on account
of such activities shall be equal to the gross income of
the business multiplied by the rate of two tenths of one
percent (.002). This subsection includes, among others,
and without limiting the scope hereof (whether or not
title to material used in the performance of such busi-
ness passes to another by accession, merger or other
than by outright sale), persons engaged in the business
of developing, or producing custom software or of cus-
tomizing canned software, producing royalties or com-
missions, and persons engaged in the business of
rendering any type of service which does not constitute
a sale at retail or a sale at wholesale or a retail service.
(2) Exemption. The gross receipts tax imposed in
this section shall not apply to any person whose gross
proceeds of sales, gross income of the business, and
value of products, including by-products, as the case
may be, from all activities conducted within the City
during any calendar year is equal to or less than twenty
thousand dollars ($20,000). Beginning on January 1,
2007, the gross receipts tax imposed in this section shall
not apply to any person whose gross proceeds of sales,
gross income of the business, and value of products,
including by-products, as the case may be, from all
activities conducted within the City during any calendar
year is equal to or less than forty thousand dollars
($40,000). Persons with gross income exceeding forty
thousand dollars ($40,000) per year shall be taxed only
on the amount of gross income exceeding forty thousand
dollars ($40,000) per year.
(3) Job Credits. It is the intent of the City Council
to encourage growth and attract new business to the
City. To that end, the City Council finds that an incen-
tive measured by a business’s growth in jobs is a mean-
ingful method of attracting and retaining such
(Revised 4/07)3.48-12
businesses. Therefore, the incentive in this section is
specifically targeted at new full-time positions. A basic
credit is made available to all businesses located in the
City.
(a) Subject to the limits in this section, an eli-
gible person is allowed a credit against the tax due under
this chapter. The credit is based on a qualified employ-
ment position located within the City.
(i) The credit shall be five hundred dol-
lars ($500.00) for each qualified employment position
within the City, which positions were created on or after
January 1, 2007, the "effective date." A credit is earned
for the calendar year in which the employee is hired to
fill the position, plus the four (4) subsequent consecu-
tive years, if the position, along with the company’s
increased workforce of eligible persons, is maintained
during the entire period.
a. Credit may not be taken for hir-
ing persons into positions existing on the effective date.
Credit is authorized for new employees hired for new
positions created on or after the effective date, which
result in an increase in the total workforce of the busi-
ness located in the City. New positions filled by existing
employees are eligible for the credit under this section
only if the position vacated by the existing employee is
filled by a new hire.
b. If filled before July 1st of any
given year, a newly created position is eligible for a full
yearly credit. If filled after June 30th, the position is eli-
gible for only a half credit for the first calendar year.
c. Credit may not be accrued and
carried forward or back. No refunds may be granted for
unused portion of credits under this section. If the posi-
tion is filled during the calendar year, after the filing of
a quarterly tax period, an amended first or third quarter
tax return will be allowed, if appropriate, to qualify all
the credit to which the employer is entitled for that year.
(ii) For the purposes of this section:
a. "Eligible person" means a person
or company who resides in the City and is engaging in a
business activity within the City.
b. "Qualified employment position"
means a permanent, full-time position with compensa-
tion of at least a "family wage" within twelve (12)
months after the date of hire (allowing for training time
and a probation period). If an employee is either volun-
tarily or involuntarily separated from employment, the
employment position is considered filled on a full-time
basis during a period not to exceed three (3) months if
the employer is actively recruiting a replacement
employee.
c. "Family wage," beginning Janu-
ary 1, 2007, is seventeen dollars and eleven cents
($17.11) an hour. This is the annual average wage in
Kitsap County for 2004, developed by the Washington
State Employment Security Department, Labor Market
and Economic Development Division ("ES202"). This
amount will be adjusted annually beginning on January
1, 2008, by an amount equal to the increase in the Con-
sumer Price Index ("CPI") for Urban Wage Earners,
Tacoma-Seattle-Bremerton area, of the prior year. If the
CPI increase is more than five (5) percent, a five (5) per-
cent increase will be used in computing the basis.
d. The purchase of an existing busi-
ness does not create an allowance of the credit for exist-
ing positions.
(iii) No application is necessary for the tax
credit; however, information must be submitted for each
new employee position for which credit is requested,
and included with the first tax return in which the credit
is claimed. The person must keep records necessary for
the City to verify eligibility under this section. This
information includes:
a. Employment records, including
Washington State and federal tax returns, for the current
year and previous five (5) years; and
b. Information relating to descrip-
tion of business activity engaged in at the eligible loca-
tion by the employee.
(b) If at any time the Director finds that an
employer is not eligible or has lost eligibility for a tax
credit under this section, the total amount of taxes for
which a credit has been claimed for current and prior
periods shall be immediately due.
(4) The tax levied pursuant to this chapter shall be
in addition to any other tax or fee that may be imposed
or levied by the City of Bremerton. (Ord. 4988 §2, 2006:
Ord. 4924 §2, 2004; Ord. 4843, Added, 01/03/2003)
3.48.060 DOING BUSINESS WITH THE
CITY.
Except where such a tax is otherwise levied and col-
lected by the City from such person, there is hereby lev-
ied a tax on the privilege of accepting or executing a
contract with the City. Such tax shall be levied and col-
lected whether goods or services are delivered within or
without the City and whether or not such person has an
office or place of business within or without the City.
As to such persons the amount of tax shall be equal
to the gross contract price multiplied by the rate under
BMC 3.48.050 that would otherwise apply if the sale or
service were taxable pursuant to that section. (Ord.
4843, Added, 01/03/2003)
3.48-13 (Revised 4/07)
3.48.070 MULTIPLE ACTIVITIES CREDIT
WHEN ACTIVITIES TAKE PLACE
IN ONE (1) OR MORE CITIES
WITH ELIGIBLE GROSS RECEIPT
TAXES.
This section provides a tax credit for taxpayers
engaged in multiple taxable activities. The section pro-
vides a credit against eligible selling or manufacturing
taxes imposed by the City for extracting or manufactur-
ing taxes paid to the City or to any other local jurisdic-
tion with respect to the same products. The tax credit
does not depend upon whether a person that sells in the
City extracts or manufactures in the City or in another
jurisdiction to which it has paid an eligible gross
receipts tax. The tax credit does not depend on whether
a person that manufactures in the City extracts in the
City or in another jurisdiction to which it has paid an eli-
gible gross receipts tax. The credit is available to any
person that pays an eligible gross receipts tax on the
applicable activities, regardless of where it conducts
business. The result of this section is that a city in which
selling takes place gives up the tax to the manufacturing
jurisdiction and the manufacturing jurisdiction gives up
the tax to the extracting jurisdiction, whether those juris-
dictions are inside or outside the State of Washington.
(1) Persons who engage in business activities that
are within the purview of two (2) or more subsections of
BMC 3.48.050 shall be taxable under each applicable
subsection.
(2) Notwithstanding anything to the contrary
herein, if imposition of the City’s tax would place an
undue burden upon interstate commerce or violate con-
stitutional requirements, a taxpayer shall be allowed a
credit to the extent necessary to preserve the validity of
the City’s tax, and still apply the City tax to as much of
the taxpayer’s activities as may be subject to the City’s
taxing authority.
(3) To take the credit authorized by this section, a
taxpayer must be able to document that the amount of
tax sought to be credited was paid upon the same gross
receipts used in computing the tax against which the
credit is applied and that the taxpayer paid the amount
of tax sought to be credited.
(4) Credit for persons that sell in the City products
that they extract or manufacture. Persons taxable under
the retailing or wholesaling classification with respect to
selling products in this City shall be allowed a credit
against those taxes for any eligible gross receipts taxes
paid (a) with respect to the manufacturing of the prod-
ucts sold in the City, and (b) with respect to the extract-
ing of the products, or the ingredients used in the
products, sold in the City. The amount of the credit shall
not exceed the tax liability arising under this chapter
with respect to the sale of those products.
(5) Credit for persons that manufacture products in
the City using ingredients they extract. Persons taxable
under the manufacturing classification with respect to
manufacturing products in this City shall be allowed a
credit against those taxes for any eligible gross receipts
tax paid with respect to extracting the ingredients of the
products manufactured in the City. The amount of the
credit shall not exceed the tax liability arising under this
chapter with respect to the manufacturing of those prod-
ucts.
(6) Credit for persons that sell within the City
products that they print, or publish and print. Persons
taxable under the retailing or wholesaling classification
with respect to selling products in this City shall be
allowed a credit against those taxes for any eligible
gross receipts taxes paid with respect to the printing, or
the printing and publishing, of the products sold within
the City. The amount of the credit shall not exceed the
tax liability arising under this chapter with respect to the
sale of those products. (Ord. 4843, Added, 01/03/2003)
3.48.075 DEDUCTIONS TO PREVENT
MULTIPLE TAXATION OF
TRANSACTIONS INVOLVING
MORE THAN ONE (1) CITY WITH
AN ELIGIBLE GROSS RECEIPTS
TAX.
This section establishes deductions to be applied
when a single taxable activity is taxable by more than
one jurisdiction that imposes an eligible gross receipts
tax. To eliminate the possibility of the same sale or ser-
vice being taxed more than once by cities that maintain
nexus and an eligible gross receipts tax, the cities deduc-
tions set forth in this section shall apply.
Sales. A taxpayer that has paid an eligible gross receipts
tax on the sale to the jurisdiction where the product is
delivered may deduct the gross receipts used to measure
that tax from the measure of the tax owed to another
jurisdiction on the sale. If a taxpayer has not paid tax to
the jurisdiction where the product is delivered, then no
deduction is allowed. The sale shall be taxed by the city
where the office or place of business that generated the
sale is located.
Service. A taxpayer that has paid an eligible gross
receipts tax on services to the jurisdiction where the ser-
vice is performed may deduct the gross receipts used to
measure that tax from the measure of the tax owed to
another jurisdiction on that service. If a taxpayer has not
paid tax to the jurisdiction where the service is per-
formed, then no deduction is allowed. The service
income shall be taxed by the city where the office or
place of business that generated the sale is located. For
both sales and services, the order of taxing rights is
delivery city, first; and business office location, second.
General Business Activities Other Than Services.
The eligible gross receipts tax on income derived from
intangibles such as royalties, licenses, trademarks, pat-
ents and goodwill, and reportable under the general
(Revised 4/07)3.48-14
business classification BMC 3.48.050(1)(g), shall be
assigned to the headquarter’s office or business loca-
tion. A taxpayer that has paid an eligible gross receipts
tax on such activities to the jurisdiction where the tax-
payer maintains a headquarters office may deduct the
gross receipts used to measure that tax from the measure
of the tax owed to other jurisdictions on the same activ-
ity.
Business Conducted With Other Cities. A taxpayer
that has paid an eligible gross receipts tax on the privi-
lege of accepting or executing a contract with a city may
deduct the contract price used to measure the tax from
the measure of the tax owed to another city on the same
activity.
(1) Amounts Subject to an Eligible Gross Receipts
Tax in Another City That Also Maintains Nexus Over
the Same Activity. A taxpayer that is subject to an eligi-
ble gross receipts tax on the same activity in more than
one (1) jurisdiction may be entitled to a deduction as fol-
lows:
(a) A taxpayer that has paid an eligible gross
receipts tax with respect to a sale of goods or services to
a jurisdiction in which the goods are delivered or the ser-
vices are provided may deduct an amount equal to the
gross receipts used to measure that tax from the measure
of the tax owed to the City.
(b) Notwithstanding the above, a person that
is subject to an eligible gross receipts tax in more than
one (1) jurisdiction on the gross income derived from
intangibles such as royalties, trademarks, patents, or
goodwill may deduct from the measure of the tax on
those amounts the gross income used in measuring the
eligible gross receipts tax paid to the other jurisdiction
where the headquarters is located.
(c) A taxpayer that has paid an eligible gross
receipts tax on the privilege of accepting or executing a
contract with another city may deduct an amount equal
to the contract price used to measure the tax due to the
other city from the measure of the tax owed to the City.
(2) Person Manufacturing Products Within and
Without. A person manufacturing products within the
City using products manufactured by the same person
outside the City may deduct from the measure of the
manufacturing tax the value of products manufactured
outside the City and included in the measure of an eligi-
ble gross receipts tax paid with respect to manufacturing
such products. (Ord. 4843, Added, 01/03/2003)
3.48.076 ASSIGNMENT OF GROSS
INCOME DERIVED FROM
INTANGIBLES.
Gross income derived from the sale of intangibles
such as royalties, trademarks, patents, or goodwill shall
be assigned to the jurisdiction where the person is domi-
ciled (its headquarters is located). (Ord. 4924 §3, 2004)
3.48.090 EXEMPTIONS.
(1) Nonprofit Corporations or Nonprofit Organi-
zations. This section shall not apply to nonprofit organi-
zations exempt from federal income tax under Section
501(c)(3) of the Internal Revenue Code, as hereafter
amended, except with respect to retail sales of such per-
sons.
(2) Health Maintenance Organization, Health Care
Service Contractor, Certified Health Plan. Beginning on
January 1, 2000, this chapter does not apply to any
health maintenance organization, health care service
contractor, or certified health plan in respect to premi-
ums or prepayments that are taxable under RCW
48.14.0201.
(3) Public Utilities. This chapter shall not apply to
any person in respect to a business activity with respect
to which tax liability is specifically imposed under the
provisions of Chapter 3.50 BMC.
(4) Investments - Dividends from Subsidiary Cor-
porations. This chapter shall not apply to amounts
derived by persons, other than those engaging in bank-
ing, loan, security, or other financial businesses, from
investments or the use of money as such, and also
amounts derived as dividends by a parent from its sub-
sidiary corporations.
(5) International Banking Facilities. This chapter
shall not apply to the gross receipts of an international
banking facility. As used in this subsection, an "interna-
tional banking facility" means a facility represented by
a set of asset and liability accounts segregated on the
books and records of a commercial bank, the principal
office of which is located in this state, and which is
incorporated and doing business under the laws of the
United States or of this state, a United States branch or
agency of a foreign bank, an Edge corporation orga-
nized under Section 25(a) of the Federal Reserve Act, 12
United States Code 611-631, or an agreement corpora-
tion having an agreement or undertaking with the Board
of Governors of the Federal Reserve System under Sec-
tion 25 of the Federal Reserve Act, 12 United States
Code 601-604(a), that includes only international bank-
ing facility time deposits (as defined in subsection (a)(2)
of Section 204.8 of Regulation D (12 CFR Part 204), as
promulgated by the Board of Governors of the Federal
Reserve System), and international banking facility
extensions of credit (as defined in subsection (a)(3) of
Section 204.8 of Regulation D).
(6) Insurance Business. This chapter shall not
apply to amounts received by any person or agent who
is an insurer upon which a tax based on gross premiums
is paid to the state pursuant to RCW 48.14.020; pro-
vided, that the provisions of this subsection shall not
exempt any person engaging in the business of insur-
ance as a broker as defined in RCW 48.17.020 or as a
solicitor as defined in RCW 48.17.030; and provided
further, that the provisions of this subsection shall not
3.48-14.1 (Revised 4/07)
exempt any bonding company from tax with respect to
gross income derived from the completion of any con-
tract as to which it is a surety, or as to any liability as
successor to the liability of the defaulting contractor.
(7) Farmers - Agriculture. This chapter shall not
apply to any farmer in respect to amounts received from
selling fruits, vegetables, berries, butter, eggs, fish,
milk, poultry, meats or any other agricultural product
that is raised, caught, produced, or manufactured by
such persons.
(8) Athletic Exhibitions. This chapter shall not
apply to any person in respect to the business of con-
ducting boxing contests and sparring or wrestling
matches and exhibitions for the conduct of which a
license must be secured from the State Boxing Commis-
sion.
(9) Racing. This chapter shall not apply to any per-
son in respect to the business of conducting race meets
for the conduct of which a license must be secured from
the Washington State Horse Racing Commission.
(10)Ride Sharing. This chapter does not apply to
any funds received in the course of commuter ride shar-
ing or ride sharing for persons with special transporta-
tion needs in accordance with RCW 46.74.010.
(11)Employees. This chapter shall not apply to:
(a) Any person in respect to the person’s
employment in the capacity as an employee or servant
as distinguished from that of an independent contractor.
For the purposes of this subsection, the definition of
employee shall include those persons that are defined in
the Internal Revenue Code, as hereafter amended.
(b) A booth renter, as defined by RCW
18.16.020, is an independent contractor for purposes of
this chapter.
(12)Amounts Derived from Sale of Real Estate.
This chapter shall not apply to gross proceeds derived
from the sale of real estate. This, however, shall not be
construed to allow an exemption of amounts received as
commissions from the sale of real estate, nor as fees,
handling charges, discounts, interest or similar financial
charges resulting from, or relating to, real estate transac-
tions. This chapter shall also not apply to amounts
received for the rental of real estate if the rental income
is derived from a contract to rent for a continuous period
of thirty (30) days or longer.
(13)Mortgage Brokers’ Third-Party Provider Ser-
vices Trust Accounts. This chapter shall not apply to
amounts received from trust accounts to mortgage bro-
kers for the payment of third-party costs if the accounts
are operated in a manner consistent with RCW
19.146.050 and any rules adopted by the director of
financial institutions.
(14)Amounts Derived from Manufacturing, Selling
or Distributing Motor Vehicle Fuel. This chapter shall
not apply to the manufacturing, selling, or distributing
motor vehicle fuel, as the term "motor vehicle fuel" is
defined in RCW 82.36.010 and exempt under RCW
82.36.440; provided, that any fuel not subjected to the
State fuel excise tax, or any other applicable deduction
or exemption, will be taxable under this chapter.
(15)Amounts Derived from Liquor, and the Sale or
Distribution of Liquor. This chapter shall not apply to
liquor as defined in RCW 66.04.010 and exempt in
RCW 66.08.120.
(16)Casual and Isolated Sales. This chapter shall
not apply to the gross proceeds derived from casual or
isolated sales.
(17)Accommodation Sales. This chapter shall not
apply to sales for resale by persons regularly engaged in
the business of making retail sales of the type of prop-
erty so sold to other persons similarly engaged in the
business of selling such property where (a) the amount
paid by the buyer does not exceed the amount paid by
the seller to the vendor in the acquisition of the article;
and (b) the sale is made as an accommodation to the
buyer to enable the buyer to fill a bona fide existing
order of a customer or is made within fourteen (14) days
to reimburse in kind a previous accommodation sale by
the buyer to the seller.
(18)Taxes Collected as Trust Funds. This chapter
shall not apply to amounts collected by the taxpayer
from third parties to satisfy third-party obligations to
pay taxes such as the retail sales tax, use tax, and admis-
sion tax.
(19)Three (3) Year Exemption for Annexed Busi-
nesses. This chapter shall not apply to any person with
respect to a business activity conducted in an area that
has become part of the City by annexation; provided,
however, that the business premises of such person be
located in the said area on the date of annexation; and
provided further, that the exemption provided herein
shall cease at the expiration of twelve (12) full calendar
quarters following the date of such annexation. (Ord.
4988 §3, 2006: Ord. 4924 §4, 2004; Ord. 4843, Added,
01/03/2003)
3.48.100 DEDUCTIONS.
In computing the license fee or tax, there may be
deducted from the measure of tax the following items:
(1) Compensation from Public Entities for Health
or Social Welfare Services - Exception. In computing
tax, there may be deducted from the measure of tax
amounts received from the United States or any instru-
mentality thereof or from the State of Washington or
any municipal corporation or political subdivision
thereof as compensation for, or to support, health or
social welfare services rendered by a health or social
welfare organization (as defined in RCW 82.04.431) or
by a municipal corporation or political subdivision,
except deductions are not allowed under this subsection
for amounts that are received under an employee benefit
3.50-1 (Revised 4/07)
Chapter 3.50
UTILITY TAXES
Sections:
3.50.010 EXERCISE OF REVENUE
LICENSE POWER.
3.50.020 BUSINESS LICENSE -
REQUIRED.
3.50.030 ADMINISTRATIVE
PROVISIONS.
3.50.040 DEFINITIONS.
3.50.050 PERSONS SUBJECT TO TAX -
AMOUNT.
3.50.060 DEDUCTIONS.
3.50.070 TAX - WHEN DUE.
3.50.080 RULES AND REGULATIONS.
3.50.090 SEVERABILITY.
3.50.010 EXERCISE OF REVENUE
LICENSE POWER.
The provisions of this chapter shall be deemed an
exercise of the power of the City to license and/or tax for
revenue. The provisions of this chapter are subject to
periodic statutory or administrative rule changes or judi-
cial interpretations of the ordinances or rules. The
responsibility rests with the licensee or taxpayer to
reconfirm tax computation procedures and remain in
compliance with the City Code. (Ord. 4895 §2, 2004;
Ord. 4844, Added, 01/03/2003)
3.50.020 BUSINESS LICENSE - REQUIRED.
It is unlawful for any person to engage in business
in the City without having first obtained a business
license pursuant to Chapter 5.02 BMC. (Ord. 4895 §2,
2004; Ord. 4844, Added, 01/03/2003)
3.50.030 ADMINISTRATIVE PROVISIONS.
The provisions contained in Chapter 3.86 BMC
shall be fully applicable to the provisions of this chapter
except as expressly stated to the contrary herein. (Ord.
4895 §2, 2004; Ord. 4844, Added, 01/03/2003)
3.50.040 DEFINITIONS.
For the purposes of this chapter, the definitions con-
tained in Chapter 3.48 BMC shall apply equally to the
provisions of this chapter as applicable unless the term
is defined otherwise in this chapter. In addition, the fol-
lowing definitions will apply:
"Cellular telephone service" is a voice or data tele-
phone/telecommunications system based in whole or
substantial part on wireless radio communications,
whether or not the communications are subject to regu-
lation by the Washington Utilities and Transportation
Commission (WUTC). This includes cellular mobile
service. Cellular mobile service includes other wireless
radio communications services such as specialized
mobile radio (SMR), personal communications services
(PCS), and any other evolving wireless radio communi-
cations technology which accomplishes the same pur-
pose as cellular mobile service.
"Competitive telephone service" means the providing
by any person of telephone telecommunications equip-
ment or apparatus, or service related to that equipment
or apparatus such as a repair and maintenance service, if
the equipment or apparatus is of a type which can be
provided by persons who are not subject to regulation as
telephone companies under RCW Title 80, and for
which a separate charge is made.
"Gross income" means the value proceeding or accru-
ing by reason of the business activity engaged in and
operations incidental thereto, and includes gross pro-
ceeds of sales, compensation for the rendition of ser-
vices and other emoluments, but without any deduction
on account of the cost of the commodity furnished or
sold, the cost of materials used, labor costs, interest, dis-
count, delivery costs, taxes, or any other expense what-
soever paid or accrued and without any deduction on
account of losses.
"Gross income from timber sales" means "stumpage
value of timber" as defined in Chapter 84.33 RCW
minus the costs of production including, but not limited
to, logging and trucking costs, fees and excise taxes.
"Page service" means service provided by means of an
electronic device that has the ability to send or receive
voice or digital messages transmitted through the local
telephone network, via satellite or any other form of
voice or data transmission.
"Reporting period" means a one (1) month period
beginning the first day of each calendar month
(monthly).
"Solid waste collection service" means receiving solid
waste from any facility or location within the City for
transfer, processing, treatment, storage, or disposal,
including, but not limited to, all collection services, pub-
lic or private dumps or landfills, transfer stations, and
other similar operations.
"Solid waste," for purposes of this chapter, means gar-
bage, trash, rubbish, or other material discarded as
worthless or not economically viable for further use,
infectious, hazardous, or toxic wastes, and recyclable or
reusable materials collected, in whole or part, for recy-
cling or salvage.
"Telephone business" means the providing by any per-
son of access to a local telephone network, local tele-
phone network switching service, toll service, cellular
or mobile telephone service, coin telephone service,
page service, or the providing of telephonic, video, data,
or similar communication, or transmission for hire, via
a local telephone network, toll line or channel, cable,
(Revised 4/07)3.50-2
microwave, or similar communication or transmission
system. The term includes cooperative or farmer line
telephone companies or associations operating
exchanges. The term also includes the provision of
transmission to and from the site of an internet provider
via a local telephone network, toll line or channel, cable,
microwave, or similar communication or transmission
system. "Telephone business" does not include the pro-
viding of competitive telephone service, or providing of
cable television service, or other providing of broadcast
services by radio or television stations. (Ord. 4895 §2,
2004; Ord. 4844, Added, 01/03/2003)
3.50.050 PERSONS SUBJECT TO TAX -
AMOUNT.
In addition to other taxes or fees that may be
imposed or levied by the City, there is hereby levied
upon all persons (including the City) engaging in busi-
ness within the City, a fee or tax to be collected as fol-
lows:
(a) Gas. Upon every person engaging in the busi-
ness of transmitting, distributing or the selling of manu-
factured or natural gas, a fee or tax equal to six (6)
percent of the total gross income from such business
conducted within the City.
(b) Water. Upon every person engaging in the
business of providing water utility service, a fee or tax
equal to eight and one-half (8.5) percent of the total
gross income from such business conducted within the
City. The total gross income from the business of pro-
viding water utility service includes the "gross income
from timber sales" of the utility as that term is defined in
this chapter.
(c) Wastewater. Upon every person engaging in
the business of providing wastewater utility service, a
fee or tax equal to eight and one-half (8.5) percent of the
total gross income from such business conducted within
the City.
(d) Stormwater. Upon every person engaging in
the business of providing stormwater utility service, a
fee or tax equal to eight and one-half (8.5) percent of the
total gross income from such business conducted within
the City.
(e) Cable. Upon every person engaging in the
business of transmitting television signals by means of a
cable distribution system commonly known as televi-
sion cable service, a fee or tax equal to seven (7) percent
of the total gross income from such business conducted
within the City.
(f) Solid waste. Upon every person engaging in
the business of providing solid waste collection service,
a fee or tax equal to nine and one-half (9.5) percent of
the total gross income from such business conducted
within the City.
(g) Electricity. Upon every person engaging in the
business of producing, transmitting, distributing or sell-
ing electricity, a fee or tax equal to six (6) percent of the
total gross income from such business conducted within
the City.
(h) Telephone. Upon every person engaged in car-
rying on a telephone business for hire or for sale of a
commodity or a service within or partly within the cor-
porate limits of the City, a tax for the privilege of so
doing business a tax equal to six (6) percent of the total
gross income rendered within the City.
(1) Deductions. In computing the telephone
tax, there shall be deducted from the gross operating
revenues the following items:
(i) Amounts derived from transactions in
interstate or foreign commerce or from any business
which the City is prohibited from taxing under the Con-
stitutions of the United States or the State of Washing-
ton.
(ii) Amounts derived from that portion of
network telephone service, as defined in RCW
82.04.065, which represents charges to another telecom-
munications company, as defined in RCW 80.04.010,
for connecting fees, switching charges or carrier access
charges relating to intrastate toll telephone services, or
for access to, or charges for, interstate services or
charges for network telephone service that is purchased
for the purpose of resale.
(iii) Adjustments made to a billing or to a
customer account or to a telecommunications company
accrual account in order to reverse a billing or charge
that had been made as a result of third-party fraud or
other crime and was not properly a debt of a customer.
(iv) A complete deduction from gross
income shall be allowed for credit losses, only to cellu-
lar telephone service companies which keep their regu-
lar books of account on an accrual basis, for cash
discounts and credit losses actually sustained by a tax-
payer as a result of telephone service business.
(2) Allocation of Income - Cellular Telephone
Service.
(i) Service address. Payments by a cus-
tomer for the telephone service from telephones without
a fixed location shall be allocated among taxing jurisdic-
tions to the location of the customer’s principal service
address during the period for which the tax applies.
(ii) Roaming phones. When the service is
provided while a subscriber is roaming outside the sub-
scriber's normal cellular network area, the gross income
shall be assigned consistent with the taxpayer's account-
ing system to the location of the originating cell site of
the call, or to the location of the main cellular switching
office that switched the call.
(i) Except for solid waste, utility taxes will be fro-
zen at their current rates for a period of two (2) years
through fiscal year 2005 unless City Council unfreezes
3.50-3 (Revised 4/07)
the cap with a super-majority vote of the whole Council
as seated. (Ord. 4988 §4, 2006; Ord. 4918 §1, 2004;
Ord. 4895 §2, 2004; Ord. 4882 §1, 2003; Ord. 4844,
Added, 01/03/2003)
3.50.060 DEDUCTIONS.
(a) There may be deducted from the total gross
income, upon which the license fee or tax is computed,
revenues derived from business which the City is pro-
hibited from taxing under the Constitutions or laws of
the State of Washington or the United States or the
Charter of the City.
(b) There may be deducted from the total gross
income, upon which the license fee or tax is computed,
the amount of State excise taxes, pursuant to Chapter
82.18 RCW, imposed directly upon persons using the
service of a solid waste collection business and collected
for payment to the State by the solid waste collection
business.
(c) There may be deducted from the total gross
income, upon which the license fee or tax is imposed
under BMC 3.50.050, revenues derived from providing
the service of collecting recyclable materials, as fol-
lows:
(1) Commercial Recycling. Revenues derived
from the service of collecting commercial recyclable
materials. This exemption is limited to materials actu-
ally resold and computed in proportion to weight, as fol-
lows:
(i) Any weight added by processing or
treatment after collection is subtracted from the weight
as sold to obtain the allowable weight as sold; and
(ii) Revenues are multiplied by a fraction,
the numerator of which is the allowable weight as sold
and the denominator of which is the weight as collected.
(2) This deduction does not apply to any
energy recovery or fuel-use process, nor in any case
where materials collected have not been sold for com-
mercial reuse within one hundred (100) days from the
date of collection. This period may be extended when a
taxpayer shows to the Department’s satisfaction that
market conditions necessitate a longer period for sale.
(Ord. 4895 §2, 2004; Ord. 4844, Added, 01/03/2003)
3.50.070 TAX - WHEN DUE.
The tax imposed by this chapter shall be due and
payable in monthly installments. (Ord. 4895 §2, 2004)
3.50.080 RULES AND REGULATIONS.
The Director may establish administrative rules and
regulations as deemed appropriate, consistent with this
chapter for the purpose of enforcing and carrying out its
provisions. (Ord. 4895 §2, 2004; Ord. 4844, Added,
01/03/2003. Formerly 3.50.070)
3.50.090 SEVERABILITY.
If any provision or section of this chapter shall be
held void or unconstitutional, all other parts, provisions,
and sections of this chapter not expressly so held to be
void or unconstitutional shall continue in full force and
effect. (Ord. 4895 §2, 2004; Ord. 4844, Added,
01/03/2003. Formerly 3.50.080)
3.78-1 (Revised 4/07)
Chapter 3.78
MULTIFAMILY PROPERTY TAX EXEMPTION
Sections:
3.78.010 PURPOSE.
3.78.020 DEFINITIONS.
3.78.030 APPLICABILITY.
3.78.040 TERMS OF THE TAX
EXEMPTION.
3.78.050 PROJECT ELIGIBILITY.
3.78.060 APPLICATION PROCEDURE.
3.78.070 APPLICATION REVIEW AND
ISSUANCE OF CONDITIONAL
CERTIFICATE.
3.78.080 EXTENSION OF
CONDITIONAL CERTIFICATE.
3.78.090 APPLICATION FOR FINAL
CERTIFICATE.
3.78.100 ISSUANCE OF FINAL
CERTIFICATE.
3.78.110 ANNUAL COMPLIANCE
REVIEW.
3.78.120 CANCELLATION OF TAX
EXEMPTION.
3.78.130 EXPIRATION OF
APPLICATION PERIOD.
3.78.010 PURPOSE.
As provided for in Chapter 84.14 RCW, the pur-
pose of this chapter is to provide limited ten (10) year
exemptions from ad valorem property taxation for mul-
tifamily housing in designated residential targeted areas
to:
(a) Encourage increased residential opportunities
within areas of the City designated by the City Council
as residential targeted areas; and/or
(b) Stimulate new construction or rehabilitation of
existing vacant and underutilized buildings for multi-
family housing in designated residential targeted areas
to increase and improve housing opportunities; and
(c) Assist in directing future population growth to
designated residential targeted areas, thereby reducing
development pressure on single-family residential
neighborhoods; and
(d) Achieve development densities which are
more conducive to transit use in designated residential
targeted areas. (Ord. 4968 §1 (part), 2006)
3.78.020 DEFINITIONS.
When used in this chapter, the following terms shall
have the following meanings, unless the context indi-
cates otherwise:
(a) "Building codes" means the City and State
building and fire codes as set forth in Chapters 17.04,
18.02 and 18.03 BMC.
(b) "City" means the City of Bremerton.
(c) "Department" means the City Department of
Community Development.
(d) "Director" means the Director of the Depart-
ment of Community Development, or designee.
(e) "Multifamily housing" means a building hav-
ing ten (10) or more dwelling units developed for owner
occupancy. Multifamily housing does not include sin-
gle-family attached housing. Multifamily housing also
does not include housing that predominately offers
rental accommodation or accommodation on a transient
basis such as apartments, hotels and motels.
(f) "Multifamily property tax exemption" means
an exemption from ad valorem property taxation for
multifamily housing.
(g) "Owner" means the property owner of record.
(h) "Rehabilitation improvements" means modifi-
cations to existing structures that are vacant for twelve
(12) months or longer that are made to achieve a condi-
tion of substantial compliance with existing building,
fire, and zoning codes, or modification to existing occu-
pied structures which increase the number of multifam-
ily housing units.
(i) "Residential targeted area" means the geo-
graphic area located within the downtown core and mul-
tiple residential zones as set forth in Figure 3.78.
(j) "Substantial compliance" means compliance
with all local building, fire and zoning code require-
ments, which are typically required for rehabilitation as
opposed to new construction. (Ord. 4968 §1 (part),
2006)
3.78.030 APPLICABILITY.
Multifamily housing projects in designated residen-
tial targeted areas resulting from new construction or
rehabilitation or conversion of vacant, underutilized, or
substandard buildings may be entitled to a limited ten
(10) year exemption from ad valorem property taxation
as set forth in this chapter. (Ord. 4968 §1 (part), 2006)
3.78.040 TERMS OF THE TAX
EXEMPTION.
(a) Duration of Exemption. The value of improve-
ments qualifying under this chapter is exempt from ad
valorem property taxation for ten (10) successive years
beginning January 1st of the year immediately follow-
ing the calendar year after issuance of the final certifi-
cate of tax exemption.
(b) Limits on Exemption. The exemption does not
apply to the value of land or to the value of improve-
ments not qualifying under this chapter, nor does the
exemption apply to increases in assessed valuation of
land and nonqualifying improvements. In the case of
(Revised 4/07)3.78-2
rehabilitation of existing buildings, the exemption does
not include the value of improvements constructed prior
to submission of the completed application required
under this chapter. This chapter does not apply to
increases in assessed valuation made by the Kitsap
County Assessor on nonqualifying portions of building
and value of land nor to increases made by lawful order
of a County board of equalization, the Department of
Revenue, or Kitsap County, to a class of property
throughout the County or specific area of the County to
achieve the uniformity of assessment or appraisal
required by law.
(c) Conclusion of Exemption. At the conclusion of
the ten (10) year exemption period, the new or rehabili-
tated housing cost shall be considered as new construc-
tion for the purposes of Chapter 84.55 RCW. (Ord. 4968
§1 (part), 2006)
3.78.050 PROJECT ELIGIBILITY.
A proposed multifamily housing project must meet
the following requirements for consideration for a prop-
erty tax exemption:
(a) Location. The project must be located within a
residential targeted area as defined in BMC 3.78.020
and as set forth in Figure 3.78.
(b) Tenant Displacement Prohibited. The project
must not displace existing residential tenants of struc-
tures that are proposed for redevelopment. If the prop-
erty proposed to be rehabilitated is not vacant, an
applicant shall provide each existing tenant housing of
comparable size, quality, and price and a reasonable
opportunity to relocate.
(c) Noncompliance with Building Codes. Existing
dwelling units proposed for rehabilitation must fail to
comply with one or more standards of the building
codes.
(d) Size of Project. The new, converted, or rehabil-
itated multiple-unit housing must provide for a mini-
mum of fifty (50) percent of the space for permanent
residential occupancy. The project, whether new, con-
verted, or rehabilitated multiple-unit housing, must
include at least ten (10) units of multifamily housing
within a residential structure or as part of an urban
development. In the case of existing multifamily hous-
ing that is occupied or which has not been vacant for
twelve (12) months or more, the multifamily housing
project must also provide for a minimum of four (4)
additional multifamily units for a total project of at least
ten (10) units including the four (4) additional units.
Existing multifamily housing that has been vacant for
twelve (12) months or more does not have to provide
additional units.
(e) Proposed Completion Date. New construction
of multifamily housing and rehabilitation improvements
must be completed within three (3) years from the date
of approval of the application.
(f) Compliance with Guidelines and Standards.
The project must be designed to comply with the City’s
Comprehensive Plan, building, housing, and zoning
codes, and any other applicable regulations. The project
must also comply with any other standards and guide-
lines adopted by the City Council for the residential tar-
geted area. (Ord. 4968 §1 (part), 2006)
3.78.060 APPLICATION PROCEDURE.
A property owner who wishes to propose a project
for a tax exemption shall complete the following proce-
dures:
(a) The application provided by the City shall be
filed with the Department along with the required fees
as established pursuant to RCW 84.14.080.
(b) A complete application shall include:
(1) A completed City of Bremerton applica-
tion form setting forth the grounds for the exemption.
(2) Preliminary floor and site plans of the pro-
posed project.
(3) A statement acknowledging the potential
tax liability when the project ceases to be eligible under
this chapter.
(4) An affidavit stating the occupancy record
of the property for a period of twelve (12) months prior
to filing the application.
(5) Verification by oath or affirmation of the
information submitted.
(6) For rehabilitation projects, the applicant
shall provide a report prepared by a registered architect
identifying property noncompliance with the building
codes. This report shall identify specific code violations
and must include supporting data that satisfactorily
explains and proves the presence of a violation. Sup-
porting data must include a narrative and such graphic
materials as needed to support this application. Graphic
materials may include, but are not limited to, building
plans, building details, and photographs. (Ord. 4968 §1
(part), 2006)
3.78.070 APPLICATION REVIEW AND
ISSUANCE OF CONDITIONAL
CERTIFICATE.
The Director may certify as eligible an application
which is determined to comply with the requirements of
this chapter. A decision to approve or deny an applica-
tion shall be made within ninety (90) calendar days of
receipt of a complete application.
(a) Approval. The Director may approve the appli-
cation if he/she finds that:
(1) A minimum of ten (10) new units are
being constructed or in the case of occupied rehabilita-
tion or conversion within twelve (12) months of occu-
pancy, a minimum of four (4) additional multifamily
units for a total project of at least ten (10) units including
3.78-3 (Revised 4/07)
the four (4) additional multifamily units are being devel-
oped.
(2) The proposed project is or will be, at the
time of completion, in conformance with all applicable
local plans and regulations.
(3) The owner has complied with all standards
and guidelines adopted by the City under this chapter.
(4) The site is located in the residential tar-
geted area.
(b) If an application is approved, the applicant
shall enter into a contract with the City, regarding the
terms and conditions of implementation of the project,
and the Director shall issue a conditional certificate of
acceptance of tax exemption. The conditional certificate
shall expire three (3) years from the date of approval
unless an extension is granted as provided in this chap-
ter.
(c) If an application is denied, the Director shall
state in writing the reasons for denial and shall send
notice to the applicant at the applicant’s last known
address within ten (10) calendar days of the denial. Per
RCW 84.14.070, an applicant may appeal a denial to the
City Council within thirty (30) calendar days of receipt
of the denial by filing a complete appeal application and
fee with the Director. The appeal before the City Coun-
cil will be based on the record made before the Director.
The Director’s decision will be upheld unless the appli-
cant can show that there is no substantial evidence on
the record to support the Director’s decision. The City
Council’s decision on appeal will be final. (Ord. 4968
§1 (part), 2006)
3.78.080 EXTENSION OF CONDITIONAL
CERTIFICATE.
(a) Extension. The conditional certificate and time
for completion of the project may be extended by the
Director for a period not to exceed a total of twenty-four
(24) consecutive months. To obtain an extension, the
applicant must submit a written request with a fee stat-
ing the grounds for the extension. An extension may be
granted if the Director determines that:
(1) The anticipated failure to complete con-
struction or rehabilitation within the required time
period is due to circumstances beyond the control of the
owner;
(2) The owner has been acting and could rea-
sonably be expected to continue to act in good faith and
with due diligence; and
(3) All the conditions of the original contract
between the applicant and the City will be satisfied upon
completion of the project.
(b) Denial and Appeal. If an extension is denied,
the Director shall state in writing the reason for denial
and shall send notice to the applicant’s last known
address within ten (10) calendar days of the denial. Pur-
suant to RCW 84.14.090(6), an applicant may appeal
the denial of an extension to the Hearing Examiner pur-
suant to Chapter 2.13 BMC within fourteen (14) calen-
dar days of receipt of the denial by filing a complete
appeal application and fee with the Director. The appeal
before the Hearing Examiner shall be processed as a
Type I Director decision pursuant to Chapter 20.02
BMC. No appeal to the City Council is provided from
the Hearing Examiner’s decision. The applicant may
appeal the Hearing Examiner’s decision to the Kitsap
County Superior Court, under RCW 34.05.510 through
34.05.598, if the appeal is filed within thirty (30) calen-
dar days of receiving notice of that decision. (Ord. 4968
§1 (part), 2006)
3.78.090 APPLICATION FOR FINAL
CERTIFICATE.
Upon completion of the improvements agreed upon
in the contract between the applicant and the City and
upon issuance of a certificate of occupancy, the appli-
cant may request a final certificate of tax exemption by
filing with the Director the following:
(a) A statement of expenditures made with respect
to each multifamily housing unit and the total expendi-
tures made with respect to the entire property;
(b) A description of the completed work and a
statement of qualification for the exemption; and
(c) A statement that the work was completed
within the required three (3) year period or any autho-
rized extension. (Ord. 4968 §1 (part), 2006)
3.78.100 ISSUANCE OF FINAL
CERTIFICATE.
Within thirty (30) calendar days of receipt of all
materials required for a final certificate, the Director
shall determine whether the specific improvements sat-
isfy the requirements of the contract, application, and
this chapter.
(a) Granting of Final Certificate. If the Director
determines that the project has been completed in accor-
dance with this chapter and the contract between the
applicant and the City, and has been completed within
the authorized time period, the City shall, within ten
(10) calendar days of the expiration of the thirty (30) day
review period above, file a final certificate of tax
exemption with the Kitsap County Assessor.
(b) Denial and Appeal. The Director shall notify
the applicant in writing that a final certificate will not be
filed if the Director determines that:
(1) The improvements were not completed
within the authorized time period;
(2) The improvements were not completed in
accordance with the contract between the applicant and
the City; or
(Revised 4/07)3.78-4
(3) The owner’s property is otherwise not
qualified under this chapter.
Pursuant to RCW 84.14.090(6), an applicant may
appeal a denial to the Hearing Examiner pursuant to
Chapter 2.13 BMC within fourteen (14) calendar days
of issuance of the denial of a final certificate by filing a
complete appeal application and fee with the Director.
The appeal before the Hearing Examiner shall be pro-
cessed as a Type I Director decision pursuant to Chapter
20.02 BMC. No appeal to the City Council is provided
from the Hearing Examiner’s decision. The applicant
may appeal the Hearing Examiner’s decision to the Kit-
sap County Superior Court, under RCW 34.05.510
through 34.05.598, if the appeal is filed within thirty
(30) calendar days of receiving notice of that decision.
(Ord. 4968 §1 (part), 2006)
3.78.110 ANNUAL COMPLIANCE REVIEW.
(a) Within thirty (30) calendar days after the first
anniversary of the date of filing the final certificate of
tax exemption and each year thereafter for a period of
ten (10) years, the property owner shall be required to
file a notarized declaration with the Director indicating
the following:
(1) A statement of occupancy and vacancy of
the multifamily units during the previous twelve (12)
months;
(2) A certification that the property continues
to be in compliance with the contract with the City and
this chapter; and
(3) A description of any subsequent improve-
ments or changes to the property.
(b) City staff shall also conduct on-site verifica-
tion of the declaration. Failure to submit the annual dec-
laration shall result in a review of the exemption per
RCW 84.14.110. (Ord. 4968 §1 (part), 2006)
3.78.120 CANCELLATION OF TAX
EXEMPTION.
If the Director determines the owner is not comply-
ing with the terms of the contract or this chapter, the tax
exemption shall be canceled. This cancellation may
occur in conjunction with the annual review or at any
other time when noncompliance has been determined. If
the owner intends to convert the multifamily housing to
another use, the owner shall notify the Director and the
Kitsap County Assessor in writing within sixty (60) cal-
endar days of the change in use.
(a) Effect of Cancellation. If a tax exemption is
canceled due to a change in use or other noncompliance,
the following taxes and penalties will apply:
(1) Additional real property tax, plus interest,
shall be imposed based upon the value of the nonquali-
fying improvements. This additional tax is calculated
based upon the difference between the property tax paid
and the property tax that would have been paid if it had
included the value of the nonqualifying improvements
dated back to the date that the improvements were con-
verted to a nonqualifying use.
(2) A penalty shall be imposed amounting to
twenty (20) percent of the value of the additional prop-
erty tax plus interest.
(3) The interest is calculated at the same stat-
utory rate charged on delinquent property taxes from the
dates on which the additional property tax could have
been paid without penalty if the improvements had been
assessed at full value without regard to this tax exemp-
tion program.
(4) The additional taxes, interest and penalties
will become a lien on the land and attach at the time the
property or portion of the property is removed from
multifamily use or the amenities no longer meet applica-
ble requirements. The lien has priority over and must be
fully paid and satisfied before a recognizance, mort-
gage, judgment, debt, obligation, or responsibility to or
with which the land may become charged or liable. The
lien may be foreclosed upon expiration of the same
period after delinquency and in the same manner pro-
vided by law for foreclosure of liens for delinquent real
property taxes. An additional tax unpaid on its due date
is delinquent. From the date of delinquency until paid,
interest must be charged at the same rate applied by law
to delinquent ad valorem property taxes.
(b) Notice and Appeal. Pursuant to RCW
84.14.110(2), upon determining that a tax exemption is
to be canceled, the Director shall notify the owner by
mail, return receipt requested. The property owner may
appeal the determination to the Hearing Examiner pur-
suant to Chapter 2.13 BMC by filing a notice of appeal
with the City Clerk within thirty (30) calendar days,
specifying the factual and legal basis for the appeal. The
Hearing Examiner will conduct a hearing under Chapter
20.02 BMC for a Process I action. An aggrieved party
may appeal the Hearing Examiner’s decision to the Kit-
sap County Superior Court under RCW 34.05.510
through 34.05.598. (Ord. 4968 §1 (part), 2006)
3.78.130 EXPIRATION OF APPLICATION
PERIOD.
The application period to apply for the tax exemp-
tion provided for in this chapter expires December 31,
2011; however, all rights, privileges, duties and respon-
sibilities provided for in this chapter shall remain in
effect after this date for complete and qualifying appli-
cations received by the City on or before December 31,
2011. (Ord. 4968 §1 (part), 2006)
3.78-5 (Revised 4/07)
6.32-1 (Revised 4/07)
Chapter 6.32
NOISE LEVELS
Sections:
6.32.010 DEFINITIONS.
6.32.040 ENVIRONMENTAL SOUND -
MAXIMUM PERMISSIBLE
LEVELS.
6.32.050 MEASUREMENT OF SOUND.
6.32.060 POSITION OF
ADMINISTRATOR
ESTABLISHED.
6.32.070 VARIANCE PROCEDURE.
6.32.090 RIGHT TO APPEAL.
6.32.110 PUBLIC DISTURBANCE
NOISES.
6.32.115 BELLS, CHIMES OR
CARILLONS.
6.32.120 VIOLATIONS - CIVIL
PENALTY, CRIMINAL
PENALTY.
6.32.010 DEFINITIONS.
All technical terminology used in this chapter not
defined herein shall be interpreted in conformance with
American National Standards Institute Specifications,
Sections 1.1-1960 and 1.4-1971. For purposes of this
chapter, the words and phrases used herein shall have
the meaning indicated below:
(a) "Administrator" means the Mayor of the City
of Bremerton or his or her designee.
(b) "db(A)" means a sound level, measured in
decibels, using the A frequency-weighing network of a
sound-level meter.
(c) "District" means the land use zones to which
the provisions of this chapter apply. For the purposes of
this chapter, the following noise control districts shall be
established, which include land use zones designated in
the Bremerton zoning ordinance, as follows:
(d) "Emergency work" means:
(1) Work made necessary to restore property
to a safe condition following a public calamity;
(2) Work required to protect persons or prop-
erty from imminent exposure to danger; or
(3) Work by private or public utilities for pro-
viding or restoring immediately necessary utility service.
(e) "Motorcycle" means any motor vehicle having
a saddle for the use of the rider and designed to travel on
not more than three (3) wheels in contact with the
ground, except farm tractors and such vehicles powered
by an engine of less than five (5) horsepower.
(f) "Motor vehicle" means any vehicle which is
self-propelled, used primarily for transporting persons
or property upon public highways, and required to be
licensed under RCW 46.16.010 or a motorized transpor-
tation device as defined in BMC 10.13.010. (Aircraft,
watercraft, and vehicles used on rails or tracks are not
motor vehicles as that term is used herein.)
(g) "Noise" means the intensity, duration and char-
acter of sounds from any and all sources.
(h) "Person" means any individual firm, associa-
tion, partnership, corporation or any other entity, public
or private.
(i) "Police officer" means a duly appointed city,
county or State law enforcement officer.
(j) "Property boundary" means the survey line at
ground surface which separates real property owned,
rented or leased by one or more other persons and its
vertical extension.
(k) "Receiving property" means real property
within which sound originating from sources outside the
property is received.
(l) "Sound level" means a weighted sound pres-
sure level obtained by the use of a sound level meter and
weighted as specified in American National Standards
Institute Specifications, Section 1.4-1971.
(m) "Sound level meter" means a sound-level mea-
suring device, either Type I or Type II, as defined by
American National Standards Institute Specifications,
Section 1.4-1971.
(n) "Weekend" means Saturday and Sunday or any
legal holiday. (Ord. 4977 §2, 2006; Ord. 4915 §2, 2004;
Ord. 4891 §1, 2004; Ord. 4226 §1, 1989; Ord. 3722 §1,
1982)
6.32.040 ENVIRONMENTAL SOUND -
MAXIMUM PERMISSIBLE
LEVELS.
(a) It is unlawful for any person to cause or permit
noise from any source located within the City of
Bremerton to intrude into the property of another which
exceeds the maximum or permissible noise level set
forth below:
Noise Control District Land Use Zones
District I R-10, CCR, MR
District II NB, BC, CC, WWRC,
NCC, DCC, DW, DC, LC,
EC, INST
District III IP, I, CUL, WS, MI, FC
(Revised 4/07)6.32-2
(b) Between the hours of 10:00 p.m. and 7:00 a.m.
the noise limitations of the foregoing table shall be
reduced by ten (10) dBA for receiving property within
District I.
(c) At any hour of the day or night the applicable
noise limitations in (a) and (b) above may be exceeded
for any receiving property by no more than:
(1) Five (5) dBA for a total of fifteen (15)
minutes in any one (1) hour period; or
(2) Ten (10) dBA for a total of five (5) min-
utes in any one (1) hour period; or
(3) Fifteen (15) dBA for a total of one and
one-half (1.5) minutes in any one (1) hour period.
(d) Exemptions.
(1) The following shall be exempt from the
provisions of subsections (a) and (b) between the hours
of 7:00 a.m. and 10:00 p.m.:
i. Sounds originating from residential
property relating to temporary projects for the mainte-
nance or repair of homes, grounds and appurtenances.
ii. Sounds created by the discharge of
firearms on authorized shooting ranges.
iii. Sounds created by blasting.
iv. Sounds created by aircraft engine
testing and maintenance not related to flight operations;
provided, that aircraft testing and maintenance shall be
conducted at remote sites whenever possible.
v. Sounds created by the installation or
repair of essential utility services.
(2) The following shall be exempt from the
provisions of subsection (b).
i. Noise from electrical substations and
existing stationary equipment used in the conveyance of
water, waste water, and natural gas by a utility.
ii. Noise from existing industrial instal-
lations which exceed the standards contained in these
regulations and which, over the previous three years,
have consistently operated in excess of fifteen (15)
hours per day as a consequence of process necessity
and/or demonstrated routine normal operation. Changes
in working hours, which would affect exemptions under
this regulation, require approval of the State Department
of Ecology.
(3) The following shall be exempt from the
provisions of subsections (a) and (b), except insofar as
such provisions relate to the reception of noise within
District I between the hours of 10:00 p.m. and 7:00 a.m.
i. Sounds originating from temporary
construction sites as a result of construction activity.
ii. Sounds originating from forest har-
vesting and silvicultural activity.
(4) The following shall be exempt from all
provisions of subsections (a) and (b):
i. Sounds created by motor vehicles
when regulated by Chapter 173-62 WAC.
ii. Sounds originating from aircraft in
flight and sounds that originate at airports which are
directly related to flight operations.
iii. Sounds created by surface carriers
engaged in interstate commerce by railroad.
iv. Sounds created by warning devices
not operating continuously for more than five (5) min-
utes, or bells, chimes, and carillons.
v. Sounds created by safety and protec-
tive devices where noise suppression would defeat the
intent of the device or is not economically feasible.
vi. Sounds created by emergency equip-
ment and work necessary in the interests of law enforce-
ment or for health safety or welfare of the community.
vii. Sounds originating from motor vehi-
cle racing events at existing authorized facilities.
viii. Sounds originating from officially
sanctioned parades and other public events.
ix. Sounds emitted from petroleum refin-
ery boilers during start-up of said boilers; provided, that
the start-up operation is performed during daytime
hours whenever possible.
x. Sounds created by watercraft.
xi. Sound created by the discharge of
firearms in the course of hunting.
xii. Sounds created by motor vehicles,
licensed or unlicensed, when operated off public high-
ways except when such sounds are received in District
I. (Ord. 4226 §3, 1989; Ord. 3722 §3, 1982)
6.32.050 MEASUREMENT OF SOUND.
(a) If the measurements of sound are made with a
sound-level meter, it shall be an instrument in good
operating condition meeting the requirements for a Type
I or Type II instrument, as delineated in American
National Standards Institute Specifications (ANSI),
Section 1.4-1971. If the measurements are made with
other instruments, or assemblages of instruments, the
procedure must be carried out in such a manner that the
overall accuracy shall be at least that called for in Sec-
tion 1.4-1971 ANSI for Type II instruments.
(b) When the location, distance or technique for
measurement of sound is impractical or would yield
misleading or inaccurate results, measurements shall be
TABLE I
District of
Sound Source
District Receiving Property Within the
City of Bremerton
I II III
I 55 dB(A) 57 dB(A) 60 dB(A)
II 57 dB(A) 60 dB(A) 65 dB(A)
III 60 dB(A) 65 dB(A) 70 dB(A)
6.32-2.1 (Revised 4/07)
taken at other locations or distances utilizing appropri-
ate correction factors, as specified in the rules promul-
gated by the Administrator.
(c) Where a receiving party is partly within one (1)
district and partly within another, the maximum permis-
sible noise level at a point within the property
9.48-1 (Revised 4/07)
Chapter 9.48
FIREWORKS
Sections:
9.48.010 PERMIT - REQUIRED - FEE.
9.48.020 PERMIT - CONDITIONS FOR
ISSUANCE.
9.48.030 STANDS - CONFORMANCE TO
REGULATIONS REQUIRED.
9.48.040 HOURS AND DAYS OF SALE
AND DISCHARGE.
9.48.050 STATE STATUTE
APPLICABILITY.
9.48.060 RECKLESS DISCHARGE OR
USE OF FIREWORKS.
9.48.070 PENALTY FOR VIOLATION.
9.48.080 ENFORCING OFFICER
DESIGNATED.
9.48.090 PERMIT REVOCATION OR
SUSPENSION - AUTHORITY.
9.48.010 PERMIT - REQUIRED - FEE.
Application for all local fireworks permits required
by the State fireworks law, Chapter 70.77 RCW, shall be
made to the Fire Marshal. The fees for such permits
shall be as set forth in Chapter 3.01 BMC. (Ord. 4973 §1
(part), 2006: Ord. 4368 §26, 1992; Ord. 3370 §1, 1977)
9.48.020 PERMIT - CONDITIONS FOR
ISSUANCE.
A permit for the sale of fireworks shall be issued
only upon the following terms and conditions:
(a) The applicant shall have a valid and subsisting
license issued by the State Fire Marshal authorizing the
holder thereof to engage in the retail sale of safe and
sane fireworks only.
(b) The applicant shall have and keep in full force
and effect a policy of insurance approved by the City’s
Risk Manager saving the City harmless for any acts or
failures of the permittee, in accordance with Chapter
70.77 RCW.
(c) The location of a proposed place of business
shall comply with the zoning ordinances of the City.
(d) The applicant shall provide a land lease agree-
ment for the location of the proposed place of business
signed by the land owner or his authorized representa-
tive.
(e) The applicant shall provide a scale drawing of
the location of the proposed place of business showing
the relationship of the fireworks stand to streets and
other buildings.
(f) The applicant shall submit the name, address
and phone number of the person or persons responsible
for the fireworks stand.
(g) The applicant shall submit the address of all
storage locations for stock that is kept on reserve and not
on display for sale.
(h) No permit applications shall be processed or
accepted after the first day of June of the year of sale.
(i) The applicant shall post a fifty dollar ($50.00)
cash bond conditioned upon the prompt removal of the
temporary stand and the cleaning up of all debris from
the site. If the permittee removes such temporary stand
and cleans up all of the debris before the tenth day of
July of the permit year, he shall be entitled to the return
of the fifty dollars ($50.00). (Ord. 4973 §1 (part), 2006:
Ord. 3370 §2, 1977)
9.48.030 STANDS - CONFORMANCE TO
REGULATIONS REQUIRED.
(a) Only "common fireworks" authorized by
Chapter 212-17 WAC, except toy caps, shall be sold
only from temporary stands which conform to the writ-
ten rules and regulations of the Fire Chief of the City.
(b) Each fireworks stand shall have an adult (eigh-
teen (18) years of age or older) in attendance at all times.
No person under the age of sixteen (16) years old shall
be allowed inside the stand.
(c) A sign stating "NO SALE OF FIREWORKS
TO ANY PERSON UNDER THE AGE OF 16 YEARS
OLD, PHOTO ID REQUIRED."
(d) All permittees shall conform to the minimum
standards and conditions set forth in the Rules and Reg-
ulations for Retail Fireworks Stands by the Fire Chief.
(Ord. 4973 §1 (part), 2006: Ord. 4653, Amended,
07/18/1999; Ord. 3370 §3, 1977)
9.48.040 HOURS AND DAYS OF SALE AND
DISCHARGE.*
(a) No person shall use or explode any fireworks
within the City except from 11:00 a.m. to 11:00 p.m. on
July 4th of any year or as part of a public display autho-
rized pursuant to the laws of the State of Washington. It
shall not be legal to use or discharge fireworks at any
other time, specifically including, without limitation,
from 6:00 p.m. on December 31st of any year until 1:00
a.m. on January 1st of the subsequent year. Only "com-
mon fireworks" authorized by Chapter 212-17 WAC are
to be discharged during the authorized time period.
(b) Sales of fireworks shall be prohibited except
from 12:00 noon to 11:00 p.m. on June 28th; and from
9:00 a.m. to 11:00 p.m. on each day from June 29th
through July 4th in any calendar year. Nothing in this
provision shall make it illegal to have public displays of
fireworks when approved by the Bremerton Fire Depart-
ment in accordance with the Bremerton Municipal
Code.
(Revised 4/07)9.48-2
(c) The possession of any class or kind of fire-
works in violation of the provisions of this chapter is
prohibited. (Ord. 4973 §1 (part), 2006: Ord. 4653,
Amended, 07/18/1999; Ord. 4455 §1, 1994; Ord. 4420
§1, 1993; Ord. 4379 §1, 1992; Ord. 3370 §5, 1977. For-
merly 9.48.050.)
* Code reviser’s note: Section 2 of Ordinance 4973 provides that,
pursuant to Chapter 70.77 RCW, the provisions of BMC 9.48.040
shall take effect and be in force on June 22, 2007, one year from
the effective date of Ordinance 4973.
9.48.050 STATE STATUTE
APPLICABILITY.
This chapter is intended to implement Chapter
70.77 RCW, and shall be construed in connection with
said laws and all rules and regulations issued pursuant
thereto. (Ord. 4973 §1 (part), 2006: Ord. 3370 §6, 1977.
Formerly 9.48.060.)
9.48.060 RECKLESS DISCHARGE OR USE
OF FIREWORKS.
It is unlawful for any person to discharge or use
fireworks in a reckless manner which creates a substan-
tial risk of death or serious physical injury to another
person or damage to the property of another. (Ord. 4973
§1 (part), 2006)
9.48.070 PENALTY FOR VIOLATION.
Any person failing to comply with the provisions of
this chapter, or rules or regulations of the Fire Chief of
the City, shall be guilty of a misdemeanor punishable by
a fine not to exceed one thousand dollars ($1,000) or by
imprisonment not to exceed ninety (90) days or both.
Except that any person violating the provisions of BMC
9.48.060 shall be guilty of a gross misdemeanor and
shall be punished by imprisonment not to exceed one (1)
year and a fine not to exceed five thousand dollars
($5,000). A person is guilty of a separate offense for
each day during which he or she commits or continues
to permit a violation of the provisions of this chapter.
(Ord. 4973 §1 (part), 2006: Ord. 4379 §2, 1992; Ord.
3370 §7, 1977)
9.48.080 ENFORCING OFFICER
DESIGNATED.
The Fire Chief of the City or his duly authorized
representative is designated as the enforcing officer of
this chapter. (Ord. 4973 §1 (part), 2006: Ord. 4653,
Amended, 07/18/1999; Ord. 3370 §8, 1977)
9.48.090 PERMIT REVOCATION OR
SUSPENSION - AUTHORITY.
The Fire Chief may at any time suspend or revoke
any permit issued under this provision of this chapter, if
the permittee has:
(a) Violated any of the provisions of this chapter,
or any of his servants, agents or employees have done
so;
(b) Made any false statement or misrepresentation
of fact in connection with obtaining the permit;
(c) Failed to obtain or has had any license required
by the State of Washington to engage in any act prohib-
ited by Chapter 70.77 RCW, or this chapter, to be done
without a license, suspended or revoked;
(d) Has had any insurance coverage required by
this chapter cancelled, revoked, or lapsed. (Ord. 4973 §1
(part), 2006: Ord. 4653, Added, 07/18/1999)
15.06-1 (Revised 4/07)
Chapter 15.06
ASSESSMENTS, RATES, FEES AND CHARGES
Sections:
15.06.010 PURPOSE.
15.06.015 INCORPORATION AND CPI
ADJUSTMENT.
15.06.020 ASSESSMENTS.
15.06.030 RATES - WATER.
15.06.040 RATES - WASTEWATER.
15.06.050 RATES - STORMWATER.
15.06.060 MISCELLANEOUS FEES AND
CHARGES.
15.06.010 PURPOSE.
This chapter provides for the establishment of fees,
rates and other charges for connection to or utilization of
the utility system, for providing utility service, adminis-
tration and maintenance of utility accounts, and for the
operation, maintenance, repair and improvements of the
utility system. Fees, rates and other service charges shall
include, but not be limited to, front footage fees, general
facility fees, connection charges, utility service rates,
account maintenance charges, plan check, and system
development fees and charges. (Ord. 4729, Reaffirmed,
11/30/2000; Ord. 4675, Amended, 11/30/1999; Ord.
4454 §1 (in part), 1994; Ord. 4309 §2 (in part), 1991)
15.06.015 INCORPORATION AND CPI
ADJUSTMENT.
(a) Assessments, rates, fees and charges attached
hereto as Appendix A and incorporated herein by this
reference are hereby adopted.
(b) Commencing November 1, 2005, and on
November 1st of each successive year thereafter, the
utility rates in this section, not otherwise adjusted by the
City Council during the previous six (6) month period,
shall automatically be adjusted based upon the most cur-
rent Consumer Price Index for all Urban Consumers,
Seattle, and the general facility charges shall be adjusted
according to the most current Seattle Construction Index
(SCI). (Ord. 4990 §1 (Exh. A), 2006; Ord. 4961 §1
(Exh. A), 2005; Ord. 4956 §1 (Exh. A), 2005; Ord. 4909
§§5, 7, 2004; Ord. 4881 §1, 2003; Ord. 4827, Amended,
11/29/2002; Ord. 4794, Amended, 05/07/2002; Ord.
4766, Amended, 08/24/2001; Ord. 4735, Reaffirmed,
11/30/2000; Ord. 4729, Reaffirmed, 11/30/2000; Ord.
4685, Amended, 12/28/1999; Ord. 4675, Added,
11/30/1999)
15.06.020 ASSESSMENTS.
(a) General Facility Charge.
(1) A general facility charge (GFC) shall be
charged on all new or expanded service connections to
the utility system. Existing connections within the sys-
tem as of the effective date of this Code shall be consid-
ered to have paid their proportionate share of the general
facility charge for existing use.
(2) The calculation of the general facility
charge for water shall be based on the meter size to be
installed for a new or expanded water utility service.
(3) The calculation of the general facility
charge for wastewater shall be based on the number of
equivalent residential unit(s) (ERU) served and shall be
computed as follows:
Single-Family Residence 1 ERU/unit
Duplex (two units) 1 ERU/unit
Multifamily (three or more units) 0.65 ERU/unit
Mobile Home Space in Mobile Home Park (common building at
additional commercial rate and laundry areas at laundry rate)
0.65 ERU per space
Recreational Vehicle Waste Dumping Station 0.65 ERU per station
Schools 0.030 ERU per student capacity
Churches (school uses at additional per student capacity rate) 0.65 ERU per 100 seats
Hospitals - General 1 ERU per bed
Convalescent Hospitals 0.50 ERU per bed
Residential Care/Boarding Facilities 0.25 ERU per bed
Hotels and Motels (additional charges for restaurant or tavern at
restaurant or tavern rate, laundry areas at laundry rates, and meeting
room areas with fixtures at commercial rate)
0.25 ERU per room or motel unit
Food Preparation and/or Serving Areas 0.15 ERU per 100 square feet
(Revised 4/07)15.06-2
Vehicle Wash
Self-Service Vehicle Wash 1.17 ERU per bay
Full-Service Vehicle Wash 15.66 ERU per bay
All Other Vehicle Washes See Wet Industrial
Laundries and Laundromats 0.30 ERU per 100 square feet
Industrial Laundries See Wet Industrial
Remodels of the above-listed, which result in no increase in the units on which the charge for a new building is calculated, the ERU
for the remodel will be calculated on the basis of the fixtures added using the amounts in the Commercial section.
Commercial, Office, and Dry Industrial Charge for each plumbing fixture to be installed
Bathtub w/ or w/o shower 0.13 ERU
Dental unit or cuspidor 0.1 ERU
Dishwasher 0.1 ERU
Disposal 0.1 ERU
Drinking Fountain 0.05 ERU
Floor Drain 0.01 ERU
Fountain/Backwash 0.1 ERU
Kitchen Sink 0.08 ERU
Laundry Tray 0.08 ERU
Lavatory 0.05 ERU
Service Sink 0.08 ERU
Shower (each head) 0.13 ERU
Swimming Pool/Backwash 0.1 ERU
Urinal 0.17 ERU
Urinal Trough (for each two-foot section) 0.17 ERU
Wash Sink (for each set of faucets) 0.08 ERU
Washing Machine 0.07 ERU
Water Closet 0.33 ERU
Wet Industrial To be determined on an individual basis by the City
utilizing the formula listed below.
GFC = (G.P.D./236) x SRF x F
G.P.D. = Anticipated volume of discharge to sewer in gallons per day.
SFR = Current general facility charge for a single-family residential
unit.
F = Extra strength factor, whole number multiplier derived for every
330 mg/l of biochemical oxygen demand or suspended solids, or
fraction thereof, in excess of the first 330 mg/l of biochemical oxygen
demand or suspended solids.
Example:
Factor Range
10 - 330
2331 - 660
3661 - 990
(continues per 300 increment)
Undefined Building and Sewer Use To be determined on an individual basis by the City.
Additional Loading or Change of Use Determined on basis of additional loading or new use
for entire facility less credit for former use. No refunds
if new use is less than former use.
15.06-A1 (Revised 4/07)
Appendix A
ASSESSMENTS, RATES, FEES, AND CHARGES
EFFECTIVE JANUARY 1, 2007
Within Outside
City Limits City Limits
GENERAL FACILITY CHARGES
Water (per meter size)
5/8" x 3/4" $2,452.00 $2,452.00
1" $6,129.00 $6,129.00
1-1/2" $12,259.00 $12,259.00
2" $19,613.00 $19,613.00
Greater than 2" Calculated Based
on Usage
Calculated Based
on Usage
Wastewater (per ERU) $3,712.00 $3,712.00
Stormwater (per ISU) $995.00 N/A
CONNECTION/INSPECTION FEES
Water Connection Fees
5/8" x 3/4" $1,787.00 $2,680.50
1" $1,926.00 $2,889.00
1-1/2" $3,021.00 $4,531.50
2" $3,837.00 $5,755.50
Greater than 2" Actual Time
& Materials
150% of Actual
Time & Materials
Field Inspection Fees
Water Main Extensions (per foot) $1.15 $1.73
but not less than: $427.00 $641.00
Pump Station $563.00 $845.00
Miscellaneous (per hour) $47.00 $71.00
Wastewater Connection Fees
Lateral Connection at P/L $47.00 $71.00
Lateral Connection at Main $281.00 $422.00
Conveyance Facility Extensions (per foot) $1.56 $2.34
but not less than: $339.00 $509.00
Pump Station $563.00 $845.00
Miscellaneous (per hour) $47.00 $71.00
(Revised 4/07)15.06-A2
RETAIL WATER SERVICE RATES
General Service - Monthly Service Charge
Meter Size
5/8 x 3/4 inches $9.61 $14.42
1-inch $10.99 $16.49
1-1/2-inch $15.61 $23.42
2-inch $20.98 $31.47
3-inch $39.80 $59.70
4-inch $74.08 $111.00
6-inch $263.00 $394.00
8-inch $960.00 $1,439.00
10-inch $3,426.00 $5,138.00
12-inch $12,881.00 $19,322.00
Residential Commodity Charge (per HCF)
0 - 10 HCF/Month $1.04 $1.56
Over 10 HCF/Month $1.17 $1.76
Nonresidential Commodity Charge (per HCF) $1.13 $1.70
Fire Protection - Monthly Service Charge
Service Size
1-inch $16.38 $24.57
1-1/2-inch $24.65 $36.98
2-inch $32.05 $48.08
3-inch $35.31 $52.97
4-inch $38.49 $57.74
6-inch $48.04 $72.06
8-inch $63.94 $95.91
10-inch $89.62 $134.00
12-inch $128.00 $192.00
Commodity Charge (per HCF) $2.25 $3.38
- For Usage Other Than Firefighting
Low-Income Senior and Low-Income Disabled Citizen - Monthly Service Charge
Base Charge (per account) $9.61 $14.42
Commodity Charge
0 - 5 HCF/Month No Charge No Charge
5 - 10 HCF/Month $1.04 $1.56
Over 10 HCF/Month $1.17 $1.76
Appendix A
ASSESSMENTS, RATES, FEES, AND CHARGES
EFFECTIVE JANUARY 1, 2007
Within Outside
City Limits City Limits
15.06-A3 (Revised 4/07)
RETAIL WATER SERVICE RATES (Continued)
Temporary/Construction Meter
1" Meter
Deposit $150.00 $150.00
Base Fee (per month) $10.99 $16.49
Setup Fee $106.00 $106.00
Hydrant Meter (3" Meter)
Deposit $1,000.00 $1,000.00
Base Fee (per month) $39.80 $59.70
Setup Fee $106.00 $106.00
Equipment Loss/Damage Actual Time
& Materials
150% of Actual
Time & Materials
Commodity Charge (per HCF) $1.13 $1.70
City Parks and Recreation Dept. - Irrigation
Commodity Charge (per HCF) $0.57
Appendix A
ASSESSMENTS, RATES, FEES, AND CHARGES
EFFECTIVE JANUARY 1, 2007
Within Outside
City Limits City Limits
(Revised 4/07)15.06-A4
RETAIL WASTEWATER SERVICE RATES
Monthly Service Charge
Single-Family
Base Charge (per account) $28.55 $32.83
Commodity Charge (per HCF) $3.83 $4.40
Duplex on 1 Meter or 2 Buildings on 1 Meter
Base Charge (per unit) $22.61 $26.00
Commodity Charge (per HCF) $3.83 $4.40
Multifamily
Base Charge (per unit) $22.61 $26.00
Commodity Charge (per HCF) $3.83 $4.40
Commercial I
Base Charge (per account) $42.20 $48.53
Commodity Charge (per HCF) $3.94 $4.53
Commercial II
Base Charge (per account) $42.93 $49.37
Commodity Charge (per HCF) $6.17 $7.10
Commercial III
Base Charge (per account) $42.51 $48.89
Commodity Charge (per HCF) $5.05 $5.81
Low-Income Senior and Low-Income Disabled Citizen
Base Charge (per account) $17.71 $20.37
Commodity Charge (per HCF)
0 - 5 HCF/Month No Charge No Charge
Over 5 HCF/Month $3.83 $4.40
Septage Disposal
(per gallon of tank capacity) $0.21 $0.21
Appendix A
ASSESSMENTS, RATES, FEES, AND CHARGES
EFFECTIVE JANUARY 1, 2007
Within Outside
City Limits City Limits
15.06-A5 (Revised 4/07)
RETAIL STORMWATER RATES
Monthly Service Charge
Single-Family/Duplex
Base Charge (per account) $7.76 N/A
Exception: Duplex
With 2 Meters (per account) $3.91 N/A
Multifamily
Base Charge (per ISU) $7.76 N/A
Commercial
Base Charge (per ISU) $7.76 N/A
Public School Districts (per account) $7.76 N/A
Low-Income Senior and Low-Income Disabled Citizen
Base Charge (per account) $4.74 N/A
Multifamily and Commercial Rate Adjustment
Water Quality (per ISU) $0.86 N/A
Water Quantity (per ISU) $2.59 N/A
Stormwater Penalty
New Multifamily and Commercial Development without On-Site
Detention
Charge (per ISU) $1.73 N/A
IMPROPER STORMWATER INFLOW RATES
The following rates are established for Improper Stormwater Inflow,
based upon the stormwater ISU for each lot and adjusted annually on the
following schedule:
EFFECTIVE DATE RATE
May 1, 2002 25% Stormwater Fee for Property
May 1, 2003 50% Stormwater Fee for Property
May 1, 2004 75% Stormwater Fee for Property
May 1, 2005 100% Stormwater Fee for Property
After May 1, 2005, the Improper Stormwater Inflow Rate will remain at
100% of the Stormwater Fee for a property unless otherwise modified by
the City Council. The fees shall be deposited in the Wastewater Fund
(451).
Appendix A
ASSESSMENTS, RATES, FEES, AND CHARGES
EFFECTIVE JANUARY 1, 2007
Within Outside
City Limits City Limits
(Revised 4/07)15.06-A6
MISCELLANEOUS FEES AND CHARGES
Park Reservation Fee $30.00 $30.00
(nonrefundable)
Office Services
New Account (includes water turn-on) $20.00 $20.00
Account Maintenance $5.00 $5.00
Past Due Notice $2.50 $2.50
Lien Recovery Charge $100.00 $100.00
Duplicate Bill Charge $1.00 $1.00
Close Account/Meter Read/Water Service Turn-Off $20.00 $20.00
Field Services
Pavement Restoration Charge
(refundable, if assessed and not required)
Asphalt Patch $694.00 $1,041.00
Concrete Patch $894.00 $1,341.00
Asphalt Trench $817.00 $1,225.50
Concrete Trench $2,348.00 $3,522.00
County Road Permit N/A Cost
Wet Tapping (Water Main Only)*
8" and smaller - excluding excavation and backfill $2,296.00 $3,444.00
8" and smaller - service to property line $4,885.00 $7,327.00
Greater than 8" x 8" Actual Time
& Materials
150% of Actual
Time & Materials
*Does not include pavement restoration charge
Fire Hydrant Installation*
8" x 6" and smaller service to property line $5,940.00 $8,910.00
Greater than 8" x 6" Actual Time
& Materials
150% of Actual Time
& Materials
Water Meter Reinstallation
3/4" and 1" $75.00 $75.00
1-1/2" and 2" $121.00 $121.00
3" and greater Actual Time
& Materials
Actual Time
& Materials
Water Meter Reactivation $50.00 $50.00
Water Meter Tampering
Tampering Removal $185.00 $185.00
Tampering Reinstallation Actual Time
& Materials
Actual Time
& Materials
Appendix A
ASSESSMENTS, RATES, FEES, AND CHARGES
EFFECTIVE JANUARY 1, 2007
Within Outside
City Limits City Limits
15.06-A7 (Revised 4/07)
MISCELLANEOUS FEES AND CHARGES (Continued)
Cross-Connection Control
Inspection $50.00 $50.00
Fire Service - Detector, Meter and MXU $398.00 $398.00
Storz Adapter $225.00 $225.00
Water Service Turn-Off/Turn-On (customer request)
Regular Hours $20.00 $20.00
After Hours $175.00 $175.00
Delinquency Notice $10.00 $10.00
Water Service Turn-Off/Turn-On (delinquent accounts)
Regular Hours $50.00 $50.00
After Hours $175.00 $175.00
Flow and Pressure Test (uncertified)
3/4" and 1" meters only $50.00 $50.00
1-1/2" and 2" meters only $90.00 $90.00
Larger than 2" Actual Time
& Materials
Actual Time
& Materials
Utility Plant Locates
Regular Hours N/C N/C
After Hours $175.00 $175.00
Emergency N/C N/C
Meter Test Fee (based on meter size)
3/4" and 1" $121.00 $121.00
1-1/2" and 2" $166.00 $166.00
3" or greater Actual Time
& Materials
Actual Time
& Materials
Engineering Services*
Plan Check Fees
Main Extensions (per foot) $0.26 $0.39
but not less than: $223.00 $335.00
(includes hydrants and appurtenances and connection to water
system)
Pump Stations $559.00 $839.00
Fireline Extension $90.00 $135.00
Irrigation Systems $90.00 $135.00
System Connections $90.00 $135.00
Miscellaneous (per hour) $47.00 $71.00
Appendix A
ASSESSMENTS, RATES, FEES, AND CHARGES
EFFECTIVE JANUARY 1, 2007
Within Outside
City Limits City Limits
(Revised 4/07)15.06-A8
MISCELLANEOUS FEES AND CHARGES (Continued)
*Fees include original review and one resubmittal review
Additional reviews will be charged at miscellaneous hourly rate
(above)
Storm Drainage Plan Review Fees **
Preliminary Drainage Plans
Residential Development $346.00 N/A
Nonresidential Development $240.00 N/A
Plus per ISU $10.42
Final Detailed Drainage Plans
Residential Development (per lot)
0 - 20 Lots $37.51 N/A
21 - 50 Lots $27.09 N/A
51 - 100 Lots $23.97 N/A
100+ Lots $20.84 N/A
Minimum Charge $266.00 N/A
Nonresidential Development
Per ISU $20.84 N/A
Minimum Charge $319.00 N/A
Resubmittal Fees
First Resubmittal No Charge N/A
Subsequent Resubmittal $266.00 N/A
Storm Drainage Inspection Fees **
Residential Development (per lot) $15.63 N/A
Nonresidential Development (per ISU) $15.63 N/A
Minimum Charge $159.00 N/A
Conveyance Facility Extensions (per foot) $0.83 N/A
Minimum Charge $319.00 N/A
Unscheduled Inspections* (per site visit) $47.00 N/A
*Unscheduled inspections shall be tracked through the course of a project and billed after the
final site inspection. Fees for unscheduled inspections shall be paid prior to final occupancy
approval
** Does not apply to single-family residence or duplex construction on an existing established
lot
Utility/Lien Search Fee (Manual)*** $30.00 $30.00
***Search per parcel
Appendix A
ASSESSMENTS, RATES, FEES, AND CHARGES
EFFECTIVE JANUARY 1, 2007
Within Outside
City Limits City Limits
(Revised 4/07)
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 LAND DIVISION
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 4/07)
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 4/07)
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.
20.02.085 DESIGN REVIEW.
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 4/07)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 4/07)
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 4/07)20.02-4
20.02.085
the preapplication conference, a new conference may be
required. (Ord. 4938 §3 (part), 2005)
20.02.085 DESIGN REVIEW.
Buildings that are proposed for construction in
areas having adopted design guidelines are subject to
review and recommendation by the Design Review
Board (Board). For any development activity that
requires Board review, the applicant must comply with
the provisions of this section before a building permit
can be approved, as follows:
(a) Public Meetings. All meetings of the Board
shall be open to the public but are not subject to the
requirements of the Open Public Meetings Act, Chapter
42.30 RCW.
(b) Conceptual Design Conference. Before sub-
mitting a building permit application, the applicant shall
attend a conceptual design conference with the Board.
The conference will be scheduled by the Director to
occur within thirty (30) days of written request by the
applicant. The purpose of this conference is to provide
an opportunity for the applicant to discuss the project
concept with the Board in the early stages of the project
development and:
(1) To review preliminary sketches of the
design proposal presented by the applicant;
(2) To discuss how the design guidelines per-
tain to the proposed development;
(3) For the Design Review Board to designate
which design guidelines apply to the proposed develop-
ment based primarily on the location and nature of the
proposed development; and
(4) Other application materials the applicant
will need to submit with the design review application.
(c) Application. Following the conceptual design
conference, the applicant may then submit a building
permit application to the Department. The application
shall include all documents and exhibits required for the
application, as well as all materials required as a result
of the conceptual design conference.
(d) Public Notice. On determination of a complete
application for a building permit requiring design
review, the Director shall schedule a design response
conference with the Board to occur within sixty (60) cal-
endar days. The Director shall provide public notice of
the design response conference per the requirements of
BMC 20.02.100.
(e) Design Response Conference. The design
response stage allows the Board to review the design
plans and provide direction to the applicant on issues to
be resolved for final approval. The applicant shall
present the proposed project and demonstrate its consis-
tency with the design guidelines as discussed in the con-
ceptual design conference to the Board. The Board will
consider the information presented and make a formal
recommendation to the Director for project approval,
approval with conditions, or denial. The Board may con-
tinue the conference if necessary to gather additional
information necessary for its recommendation. If the
conference is continued to a specific date, no further
public notice is required; otherwise notice of continu-
ance shall be mailed to all parties participating in the
design response conference.
(f) Approval. Approval of a building permit that is
subject to Board review is a Type II Director decision;
however, the Board’s recommendation shall hold sub-
stantial weight. After reviewing the Board recommen-
dation, the Director may grant, deny or conditionally
approve an application for the proposed development.
Any deviation from the Board’s recommendation shall
be documented in the Director’s findings and conclu-
sions. The decision of the Director may be appealed per
the provisions of BMC 20.02.140. (Ord. 4981 §2, 2006)
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 complete.
(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
20.02-4.1 (Revised 4/07)
Bremerton Municipal Code 20.02.100
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. 4977 §3,
2006; 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-
20.02-7 (Revised 4/07)
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 4/07)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) Building and other construction permits Yes No No No
(4) Clearing less than two (2) acres of forest No No No No
(5) Demolition permit (exempt from SEPA) No No No No
(6) Final planned unit development No No No No**
20.02-9 (Revised 4/07)
Bremerton Municipal Code
* 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.
*** Procedures for modification of critical areas are detailed within the specific sections of the critical area regulations in Chapter 20.14 BMC.
* 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.
** Procedures for modification of critical areas are detailed within the specific sections of the critical area regulations in Chapter 20.14 BMC.
(7) Fill and grading permit (exempt from SEPA) No No No No
(8) Home occupation permit No No No No
(9) Landscaping or alternative landscaping plan No No No No
(10) Minor amendment to an approved preliminary plat No No No No
(11) Minor amendment to an approved preliminary PUD No No No No
(12) Minor amendment to other permits not listed No No No No
(13) Nonconforming use determinations No No No No
(14) Type I permit or approval revocation No No No No
(15) Recreational vehicle ninety (90) day permit No No No No
(16) Sign permit No No No No
(17) Site plan review (exempt from SEPA)* Yes No No No
(18) Temporary emergency wetland or stream permits No No No No
(19) Modification of critical areas standards (exempt from
SEPA)***
No No No No
(20) Final short subdivision No No No No
(21) Final binding site plan 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) Preliminary 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) Preliminary 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 or design review)
Yes Yes No Yes
(14) Modification of critical area standards (requiring
SEPA)**
Yes Yes No Yes
(15) Stand-alone nonproject SEPA No No No No
TYPE I DIRECTOR DECISIONS (Continued)
Application Type
Determination
of Completeness
Notice of
Application
Notice of
Hearing
Notice of
Decision
(Revised 4/07)20.02-10
* The Hearing Examiner holds the open-record hearing and provides a recommendation to the City Council.
** A final subdivision will be decided at an open public meeting; a public hearing was conducted during the preliminary subdivision phase and is not
required for final approval.
(Ord. 4981 §3 (Exh. A), 2006; Ord. 4980 §2 (Exh. A), 2006: Ord. 4971 §2, 2006; Ord. 4965 §8, 2006: Ord. 4938 §3
(part), 2005)
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
(3) Major amendment preliminary subdivision Yes Yes Yes Yes
(4) Preliminary PUD Yes Yes Yes Yes
(5) Preliminary formal 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 formal subdivision** No No No No
(3) Development agreement Yes No No No
(4) Vacation of subdivision Yes Yes Yes Yes
20.04-7 (Revised 4/07)
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 (the appeal must be
made to the Administrative Hearing Examiner within
ten (10) days of the date of issuance):
(i) A final DNS;
(ii) A DS.
(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. 4977 §4, 2006;
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 4/07)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)
20.10-1 (Revised 4/07)
Bremerton Municipal Code 20.10.050
Division II. Land Development
Chapter 20.10
COMPREHENSIVE PLAN AMENDMENTS
Sections:
20.10.010 ANNUAL AMENDMENTS.
20.10.020 APPLICATIONS.
20.10.030 TIME OF FILING.
20.10.040 SUSPENSION OF
APPLICATIONS.
20.10.050 AMENDMENTS OUTSIDE THE
ANNUAL 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 ANNUAL AMENDMENTS.
The City Council shall consider amendments to the
Bremerton Comprehensive Plan no more than once each
calendar year, except as provided in BMC 20.10.050.
(Ord. 4994 §1 (part), 2006: 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. 4994 §1 (part), 2006: 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 between the first business day in January
to the end of the first business day of April. Applications
shall be submitted on forms prescribed by the Depart-
ment. Incomplete applications will not be accepted for
filing. Requests received after the deadline shall be
resubmitted during the next calendar year amendment
process. The Director of Community Development
may, at his or her sole discretion, accept applications
filed after the deadline if review has not begun on the
pending applications and acceptance of the late applica-
tion will not have a significant impact on the processing
of the pending applications. (Ord. 4994 §1 (part), 2006:
Ord. 4971 §3, 2006: 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 calendar
year. However, in no case shall the amendment process
be suspended for two (2) consecutive calendar years.
(Ord. 4994 §1 (part), 2006: Ord. 4950 §4 (part), 2005:
Ord. 4852 §1 (in part), 2003)
20.10.050 AMENDMENTS OUTSIDE THE
ANNUAL PROCESS.
Pursuant to RCW 36.70A.130, the City Council
may consider amendments to the Comprehensive Plan
outside the annual 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) Planned Actions. The adoption of Comprehen-
sive Plan amendments necessary to enact a planned
action under RCW 43.21C.031(2); 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 annual amendment process even
though such emergency amendment results in a Com-
prehensive Plan amendment more frequently than once
per year. Prior to considering an emergency amend-
ment, the City Council shall, by resolution or motion,
make a finding that an emergency situation exists. The
following shall constitute a basis for emergency amend-
ments:
(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
(Revised 4/07)20.10-2
20.10.060
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
direction. (Ord. 4994 §1 (part), 2006: Ord. 4950 §4
(part), 2005: Ord. 4852 §1 (in part), 2003)
20.10.060 SEPA REVIEW.
After April 1st of each calendar year, the City’s
responsible official shall review the cumulative envi-
ronmental effect of all proposed Comprehensive Plan
amendments, pursuant to the Washington State Envi-
ronmental Policy Act (SEPA). If the responsible official
determines that a draft final or supplemental environ-
mental impact statement (EIS) or other appropriate
environmental review is warranted, applicants may be
responsible for a full or proportionate share of the costs
of preparing the environmental analysis as determined
by the responsible official. (Ord. 4994 §1 (part), 2006:
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. 4994 §1 (part), 2006: 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. 4994 §1 (part), 2006: 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. 4994 §1
(part), 2006: 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.
4994 §1 (part), 2006: 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. 4994 §1 (part), 2006: Ord. 4950 §4 (part), 2005:
Ord. 4852 §1 (in part), 2003)
20.12-1 (Revised 4/07)
Bremerton Municipal Code 20.12.040
Chapter 20.12
LAND DIVISION
Sections:
20.12.010 PURPOSE.
20.12.020 APPLICABILITY.
20.12.030 EXEMPTIONS.
20.12.040 DEFINITIONS.
20.12.050 ADMINISTRATION.
20.12.060 GENERAL PROVISIONS.
20.12.070 SURVEY REQUIREMENTS.
20.12.080 SUBDIVISION CATEGORIES.
20.12.090 REVIEW PROCEDURES AND
APPROVALS.
20.12.100 APPROVAL CRITERIA -
PRELIMINARY SUBDIVISION.
20.12.110 SUBMITTAL REQUIREMENTS
- PRELIMINARY
SUBDIVISION.
20.12.120 APPROVAL CRITERIA - FINAL
SUBDIVISION.
20.12.130 SUBMITTAL REQUIREMENTS
- FINAL SUBDIVISION.
20.12.140 MODIFICATIONS TO
PRELIMINARY SUBDIVISION
APPROVAL.
20.12.150 RECORDING FINAL
SUBDIVISIONS.
20.12.160 EXPIRATION OF FINAL
SUBDIVISION APPROVALS.
20.12.170 SUBDIVISION VESTING.
20.12.180 VIOLATION - PENALTY.
20.12.010 PURPOSE.
These regulations are for the purpose of regulating
the subdivision of land and support the rights of prop-
erty owners to develop their property while protecting
the public health, safety and general welfare of the com-
munity, to establish procedures for the subdivision and
resubdivision of land in order to further the orderly lay-
out and use of land, to guide the future growth and
development of the community in accordance with the
goals, objectives and policies of the City’s Comprehen-
sive Plan, and to ensure compliance with the City’s
development and engineering requirements. (Ord. 4980
§1 (part), 2006)
20.12.020 APPLICABILITY.
(a) This chapter shall apply to all divisions of
lands including short subdivisions, formal subdivisions,
and binding site plans hereafter established within the
incorporated areas of the City of Bremerton.
(b) This chapter is applied in conjunction with
Chapter 2.13 BMC, Administrative Hearing Examiner;
Chapter 20.02 BMC, Project Permits; Chapter 20.04
BMC, State Environmental Policy Act; BMC Title 20,
Division III, Zoning; the Bremerton Shoreline Master
Program; Chapter 20.14 BMC, Critical Areas; and other
applicable codes referencing this chapter. (Ord. 4980 §1
(part), 2006)
20.12.030 EXEMPTIONS.
The provisions of this chapter do not apply to the
exemptions specified in the State law, including but not
limited to:
(a) Cemeteries and other burial plots while used
for that purpose.
(b) Divisions of land made by testamentary provi-
sions, or the laws of descent.
(c) A division of land for the purpose of lease
when no residential structure, other than mobile homes
or travel trailers, are to be placed upon the land.
(d) Division of land due to condemnation or sale
under threat thereof by an agency or division of govern-
ment vested with the power of condemnation.
(e) A division of land into lots or tracts of less than
three (3) acres that is recorded in accordance with Chap-
ter 58.09 RCW (Survey Recording Act) and is used or
to be used for the purpose of establishing a site for con-
struction and operation of consumer-owned or investor-
owned electric utility facilities. The exemption only
applies to electric utility facilities that will be placed
into service to meet the electrical needs of a utility’s
existing and new customers. "New customers" are
defined as electric service locations not already in exist-
ence as of the date that electric utility facilities subject
to the provisions of this section are planned and con-
structed.
(f) A division of land for the purpose of leasing
land for facilities providing personal wireless services
while used for that purpose.
(g) A division of land for the purpose of dedicating
to the public such tracts of lands for open spaces, drain-
age ways, roads, alleys, easements, parks, playgrounds,
sites for schools, school grounds, water supplies, sani-
tary wastes and other general purposes that may be
required to protect the public health, safety and welfare.
(h) Condominiums, pursuant to RCW 58.17.040.
(Ord. 4980 §1 (part), 2006)
20.12.040 DEFINITIONS.
The following definitions apply to this chapter and
they should be used in conjunction with other defini-
tions found in BMC Title 20. However, these definitions
are not intended to replace or alter similar definitions
found elsewhere within the Bremerton Municipal Code
except when specifically applied to the provisions of
this chapter.
(Revised 4/07)20.12-2
20.12.040
"Auditor, County" means the person defined in
Chapter 36.22 RCW or the office of the person assigned
such duties under the Kitsap County Charter.
"Binding site plan" means a drawing to a scale
specified by this chapter which: (a) identifies and shows
the areas and locations of all streets, roads, improve-
ments, utilities, open spaces, and any other matters spec-
ified by local regulations; (b) contains inscriptions or
attachments setting forth such appropriate limitations
and conditions for the use of the land as are established
by the local government body having authority to
approve the site plan; and (c) contains provisions mak-
ing any development be in conformity with the site plan.
"Block" means a group of lots, tracts, or parcels
within well-defined and fixed boundaries.
"Bond" means a satisfactory security to insure per-
formance and/or warranty.
"Buildable lot" means a tract or parcel of land,
legally created, which is intended for use for the place-
ment of structures separate from other parcels.
"City" means the City of Bremerton.
"Comprehensive Plan" means the City of Bremer-
ton Comprehensive Plan as adopted and amended.
"Concurrency" means the requirement that devel-
opment applications demonstrate that adequate public
facilities be available at prescribed levels of service con-
current with the impact or occupancy of development as
defined in the City’s Comprehensive Plan.
"Day(s)" means calendar days and includes Mon-
day through Sunday and all holidays.
"Dedication" means the deliberate appropriation of
land by an owner for any general and public uses,
reserving to himself or herself no other rights than such
as are compatible with the full exercise and enjoyment
of the public uses to which the property has been
devoted.
"Department" means the City of Bremerton Com-
munity Development Department.
"Director" means the City of Bremerton Director of
Community Development and/or his/her designee.
"Division of land" means any segregation of land
that creates lots, tracts, parcels, or sites not otherwise
exempted by this title that alters or affects the shape,
size or legal description of any part of the owner’s land.
"Electric utility facilities" means unstaffed facilities
except for the presence of security personnel that are
used for or in connection with, or to facilitate the trans-
mission, distribution, sale, or furnishing of, electricity
including, but not limited to, electric power substations.
"Hearing Examiner" means the person appointed
by the Mayor, with the powers and duties prescribed in
Chapter 2.13 BMC.
"Lot" means a fractional part of divided lands hav-
ing fixed boundaries being of sufficient area and dimen-
sion to meet the minimum and maximum underlying
zoning district requirements for width, area and street
frontage. The term shall include tracts or parcels.
"Personal wireless services" means any federally
licensed personal wireless service. "Facilities" means
unstaffed facilities that are used for the transmission or
reception, or both, of wireless communication services
including, but not necessarily limited to, antenna arrays,
transmission cables, equipment shelters, and support
structures.
"Plat" means a map or representation of a subdivi-
sion, showing thereon the division of a tract or parcel of
land into lots, blocks, streets and alleys, or other divi-
sions and dedications.
"Plat certificate" means a title report or subdivision
guarantee that is prepared by a title company for the
property contained in a proposed short subdivision, sub-
division or binding site plan, to include, as a minimum,
all owners of record, easements and encumbrances
affecting said property.
"Plat, final" means the final drawing of the subdivi-
sion and dedication prepared for filing for record with
the County Auditor and containing all elements and
requirements set forth in this chapter and Chapter 58.17
RCW.
"Plat, formal" means the map or representation of a
formal subdivision.
"Plat, preliminary" means a neat and approximate
drawing of a proposed subdivision showing the general
layout of streets and alleys, lots, blocks, and other ele-
ments consistent with the requirements of this chapter.
The preliminary plat shall be the basis for the approval
or disapproval of the general layout of a subdivision or
short subdivision.
"Plat, short" means the map or representation of a
short subdivision.
"State Environmental Policy Act (SEPA)" means
environmental review procedures required under Chap-
ter 43.21C RCW, Chapter 197-11 WAC and Chapter
20.04 BMC.
"Subdivision" means the division or redivision of
land through short subdivision, formal subdivision, or
binding site plan.
"Subdivision, formal" means the division or redivi-
sion of land into ten (10) or more lots, tracts, parcels,
sites, or divisions for the purpose of sale, lease, or trans-
fer of ownership.
"Subdivision, short" means the division or redivi-
sion of land into nine (9) or fewer lots, tracts, parcels,
sites, or divisions for the purpose of sale, lease, or trans-
fer of ownership.
"Title notice" means a written notice attached to the
title of a parcel of land by the property owner at the
request of the City of Bremerton with a recording of said
notice at the Kitsap County Auditor’s Office per a legal
description of said parcel for the purpose of notifying
the property owner or future property owner of particu-
20.12-3 (Revised 4/07)
Bremerton Municipal Code 20.12.080
lar circumstances related to said parcel such as warning
statement(s), limitation(s), restriction(s) or other.
"Title report" means the written analysis of the sta-
tus of title to real property, including a property descrip-
tion, names of titleholders and how title is held (joint
tenancy, etc.), encumbrances (mortgages, liens, deeds of
trusts, recorded judgments), and real property taxes due.
"Tract" means land reserved for special uses such as
open space, surface water retention, utilities, or access.
Tracts are not counted as lots nor considered as building
sites. (Ord. 4980 §1 (part), 2006)
20.12.050 ADMINISTRATION.
The Director is vested with the duty of administer-
ing and implementing the provisions of this chapter.
(Ord. 4980 §1 (part), 2006)
20.12.060 GENERAL PROVISIONS.
(a) Submittal. All applications made pursuant to
this chapter shall be to the Department.
(b) Minimum Requirements. The provisions set
forth in this chapter shall constitute the minimum
requirements necessary to promote the public health,
safety, and general welfare.
(c) Preliminary Consultation. Any person who
desires to subdivide land within the boundaries of the
City should consult with the Department at an early date
to become familiar with the requirements of this chapter
and for assistance in understanding the engineering
requirements and the construction standards of the City.
(d) Compliance. Whenever any parcel of land is
divided into two (2) or more lots, no person, firm, cor-
poration or agents of them shall sell, transfer or adver-
tise for sale or transfer any such lot without having a
subdivision recorded unless preliminary subdivision
approval expressly conditions a performance of an offer
or agreement to sell, lease, or otherwise transfer a lot,
tract, or parcel of land on the recording of the final plat
pursuant to RCW 58.17.205.
(e) Critical Areas Environmental Consideration.
Lands designated as critical areas such as wetlands,
aquifers, streams, flood hazards, geological hazards and
wildlife habitats shall not be subdivided or have lot lines
adjusted unless adequate safeguards are provided as pre-
scribed in Chapter 20.14 BMC, Critical Areas.
(f) Critical Areas Notice on Title. When a critical
area is verified on a property by an assessment or delin-
eation, a notice of its presence shall be recorded by the
applicant at the office of the Kitsap County Auditor. The
notice may be on the face of a subdivision, or it may be
on a form specified by the Department. The notice shall
be notarized and proof must be submitted that the notice
was legally recorded before final approval for develop-
ment is issued. The notice shall run with the land and
failure to record such notice shall be in violation of this
chapter.
(g) Fees. The applicant shall pay a fee according to
the fee schedule set forth in Chapter 3.01 BMC, which
shall accompany the application.
(h) Bonding of Improvements. In lieu of the com-
pletion of the actual construction of any required
improvements prior to the approval of a final subdivi-
sion, the City may accept a bond providing for and
securing the actual construction and installation of such
improvements within a period specified by the City. In
addition, the City may provide for methods of security,
including the posting of a bond securing the successful
operation of improvements for up to two (2) years after
final approval.
(i) Severability. If any provision of this chapter or
its application to any person or circumstance is held
invalid, the remainder of this chapter, or the application
of the provision to other persons or circumstances shall
not be affected. (Ord. 4980 §1 (part), 2006)
20.12.070 SURVEY REQUIREMENTS.
(a) A Washington State licensed land surveyor
registered pursuant to Chapter 18.43 RCW shall pre-
pare, stamp, and seal all proposed subdivisions.
(b) A survey is required for all final approvals of
subdivisions and shall meet the survey standards of
Chapter 58.09 RCW and Chapter 332-130 WAC.
(c) The surveyor shall certify on the final docu-
ment to be recorded that it is a true and correct represen-
tation of the lands actually surveyed.
(d) Whenever a survey reveals a discrepancy, the
discrepancy shall be noted on the face of the subdivi-
sion. "Discrepancy" means: (1) a boundary hiatus; (2)
an overlapping boundary; or (3) a physical appurte-
nance, which indicates encroachment, lines of posses-
sion, or conflict of title. (Ord. 4980 §1 (part), 2006)
20.12.080 SUBDIVISION CATEGORIES.
When reference to "subdivision" is made in this
code, it is intended to refer to "short subdivision," "for-
mal subdivision," "and "binding site plan" unless one is
specified.
(a) Short subdivision: a subdivision of nine (9) or
fewer lots. Land within a short subdivision may not be
further divided in any manner within a period of five (5)
years without filing of a final plat, except the original
owner may file an alteration within five (5) years to cre-
ate up to a total of nine (9) lots within the original plat
boundaries.
(b) Formal subdivision: a subdivision of ten (10)
or more lots.
(c) Binding site plan: a land division for commer-
cial and/or industrial developments. (Ord. 4980 §1
(part), 2006)
(Revised 4/07)20.12-4
20.12.090
20.12.090 REVIEW PROCEDURES AND
APPROVALS.
Each subdivision type is processed as a different
action "type" as described in Chapter 20.02 BMC, Table
040, Project Permit Processing Procedures, and summa-
rized as follows:
(a) Subdivision. Approval of all subdivisions
requires a four (4) step process: approval of a prelimi-
nary subdivision, installation or bonding of required
improvements, approval of the final subdivision, and
recording of the subdivision with the Kitsap County
Auditor.
(1) Short Subdivision.
(i) A preliminary short subdivision -
Type II Director decision.
(ii) A final short subdivision - Type I
Director decision.
a. The final short subdivision shall
be submitted to the Director within five (5) years of the
date that the preliminary approval became final or the
short subdivision shall become null and void.
(2) Formal Subdivision.
(i) A preliminary formal subdivision -
Type III Hearing Examiner decision.
(ii) A final formal subdivision - Type IV
City Council decision.
a. The final formal subdivision
shall be submitted to the Director within five (5) years
of the date that the preliminary approval became final or
the formal subdivision shall become null and void.
b. The following signatures on the
final plat Mylar are required before the Director can
submit the final plat to the City Council:
i. Director. Whose signature
approves compliance with all terms of the preliminary
plat approval of the proposed plat subdivision or dedica-
tion.
ii. City Engineer. Whose signature
approves the layout of streets, alleys and other rights-of-
way, design of bridges, sewage and water systems and
other structures. Additionally, the City Engineer’s sig-
nature approves the adequacy of the proposed means of
sewage disposal and water supply if City services are
provided.
iii. Kitsap County Health District.
Whose signature approves the adequacy of the proposed
means of sewage disposal and water supply if City ser-
vices are not provided.
iv. Kitsap County Treasurer. Whose
signature confirms a statement that all taxes and delin-
quent assessments for which the property may be liable
as of the date of certification have been duly paid, satis-
fied or discharged.
v. Property Owner. Whose signa-
ture confirms a statement that the subdivision has been
made with the free consent and in accordance with the
desires of the owner(s).
(3) Binding Site Plan.
(i) A preliminary binding site plan -
Type II Director decision.
(ii) A final binding site plan - Type I
Director decision.
a. The final binding site plan shall
be submitted to the Director within two (2) years of the
date that the preliminary approval became final or the
binding site plan shall become null and void.
b. The following signatures on the
binding site plan Mylar are required before the Director
can approve the final binding site plan:
i. City Engineer. Whose signature
approves the layout of streets, alleys and other rights-of-
way, design of bridges, sewage and water systems and
other structures. Additionally, the City Engineer’s sig-
nature approves the adequacy of the proposed means of
sewage disposal and water supply if City services are
provided.
ii. Kitsap County Health District.
Whose signature approves the adequacy of the proposed
means of sewage disposal and water supply if City ser-
vices are not provided.
iii. Kitsap County Treasurer. Whose
signature confirms a statement that all taxes and delin-
quent assessments for which the property may be liable
as of the date of certification have been duly paid, satis-
fied or discharged.
iv. Property Owner. Whose signa-
ture confirms a statement that the division of land has
been made with the free consent and in accordance with
the desires of the owner(s). (Ord. 4980 §1 (part), 2006)
20.12.100 APPROVAL CRITERIA -
PRELIMINARY SUBDIVISION.
The following criteria shall be used to review and
approve preliminary short subdivisions, formal subdivi-
sions, and binding site plans:
(a) The subdivision is in conformance with the
Comprehensive Plan, Shoreline Master Program, and
any other City-adopted plans;
(b) Provisions have been made for water, storm
drainage, erosion control and sanitary sewage disposal
for the subdivision that are consistent with current stan-
dards and plans as adopted in City code or ordinance;
(c) Provisions have been made for roads, utilities,
street lighting, street trees and other improvements that
are consistent with the zoning code and Engineering
Standards;
20.12-5 (Revised 4/07)
Bremerton Municipal Code 20.12.110
(d) Provisions have been made for dedications,
easements and reservations;
(e) The design, shape and orientation of the pro-
posed lots are appropriate to the proposed use. In addi-
tion to meeting the minimum lot size density
requirement, each residential lot must provide a build-
ing envelope. Therefore, corner lots, lots with ease-
ments, or lots with environmental constraints may have
to be larger than other lots in the subdivision;
(f) The subdivision complies with the relevant
requirements of the zoning code and all other relevant
local regulations;
(g) Appropriate provisions are made to address all
impacts identified by any special reports that have been
prepared;
(h) Appropriate provisions for maintenance and
monitoring of privately owned common facilities have
been made;
(i) Appropriate provisions, in accordance with
RCW 58.17.110, are made for:
(1) The public health, safety, and general wel-
fare and for such open spaces, drainage ways, streets or
roads, alleys or other public ways, transit stops, potable
water supplies, sanitary wastes, parks and recreation,
playgrounds, schools and school grounds and all other
relevant facts, including sidewalks and other planning
features that assure safe walking conditions for students
who only walk to and from school; and
(2) The public use and interest will be served
by the platting of such subdivision and dedication. (Ord.
4980 §1 (part), 2006)
20.12.110 SUBMITTAL REQUIREMENTS -
PRELIMINARY SUBDIVISION.
An applicant seeking approval of a short subdivi-
sion, formal subdivision, or binding site plan must sub-
mit a complete application requesting approval. It is the
responsibility of the applicant to provide all of the nec-
essary information before the application is processed.
In conjunction with the appropriate fee, a complete
application for a preliminary subdivision approval shall
contain, but is not limited to, the following:
(a) Application Form and Project Narrative
Description. Application shall be made on the appropri-
ate forms prescribed by the Department and shall be
signed and dated by the property owner or authorized
agent. When an authorized agent is involved, they shall
provide proof they represent the legal interests of the
property owner. The application shall contain each of
the following:
(1) The name, address and telephone number
of the applicant and person(s) to be contacted;
(2) The Kitsap County Assessor’s tax identifi-
cation number;
(3) The name, address and telephone number
of the owner(s) of the property;
(4) Address or location of the property to be
subdivided;
(5) Legal description of the property;
(6) The name of the school district serving the
development;
(7) The existing zone classification;
(8) The existing shoreline environmental des-
ignation if any land is within two hundred (200) feet of
the shoreline;
(9) Approximate project site lot area in acres;
(10)The range of lot sizes in square feet.
(b) Preliminary Plan. Seven (7) copies of the pre-
liminary plat/short plat/binding site plan drawn to scale.
The preliminary plan shall contain the following illus-
trations (multiple sheets may be used in order to provide
clarity):
(1) Location of the site by section, township,
range;
(2) North arrow, scale and the boundary of the
lands being subdivided;
(3) Approximate boundaries of all blocks, the
designation of lots, lot lines, and dimensions;
(4) The name of any adjacent subdivisions;
(5) The approximate location, names and
width of all existing and proposed streets, roads and
access easements within the boundaries of the lands
being subdivided and adjacent lots;
(6) The location of existing and proposed
improvements such as stormwater facilities, sidewalks,
utilities, power poles, etc., within the boundaries of the
lands being subdivided and adjacent lots;
(7) The location of transit stops within one
hundred (100) feet of the boundaries of the lands being
divided;
(8) All existing and/or proposed easements or
divisions proposed to be dedicated for any public pur-
pose or for the common use of the property owners of
the lands being subdivided;
(9) A full and correct description of the lands
being subdivided;
(10)Approximate location of existing struc-
tures, septic tanks, drain fields, wells and other improve-
ments located on the site and whether such structures are
proposed to remain on the property;
(11)Shorelines, streams, wetlands, wildlife
habitats and geologically hazardous areas as defined in
Chapter 20.12 BMC, Critical Areas, and the Shoreline
Master Program;
(12)Topographical information showing gen-
eral slope information when existing slopes are greater
than ten (10) percent.
(Revised 4/07)20.12-6
20.12.120
(c) Reduced Preliminary Plan. An eleven (11) inch
by seventeen (17) inch reproducible copy of the prelim-
inary site plan containing the information prescribed in
BMC 20.12.110(b).
(d) Vicinity Map. A copy of the Kitsap County
Assessor’s map showing the location of the existing par-
cel number of all abutting properties and the approxi-
mate location of the subject property clearly marked.
(e) Title Report. A title report issued within thirty
(30) days of application, showing all persons having an
ownership interest, a legal description describing exte-
rior boundary of application site and listing all encum-
brances affecting the site.
(f) Notice. Public notice packet as required by the
corresponding application.
(g) SEPA. Environmental (SEPA) checklist if the
division of land is not exempt under WAC 197-11-800.
(h) Water and Sewer Availability. Information on
the availability of sewer and water services from the
City Public Works Department or Kitsap County Health
District.
(i) Other Information. Any related information
and/or studies (including but not limited to stormwater
report, traffic study, or geotechnical report) required by
other provisions of the Bremerton Municipal Code,
identified in the presubmittal conference meeting, or
deemed necessary by the Director. (Ord. 4980 §1 (part),
2006)
20.12.120 APPROVAL CRITERIA - FINAL
SUBDIVISION.
The following criteria shall be used to review and
approve final subdivisions:
(a) Conforms to all terms of the preliminary subdi-
vision approval;
(b) Meets all zoning and engineering require-
ments;
(c) Meets all requirements of this chapter;
(d) Meets all applicable local and State laws that
were in effect at the time of vesting; and
(e) Improvements have been constructed or
bonded at one hundred fifty (150) percent of estimated
construction value. (Ord. 4980 §1 (part), 2006)
20.12.130 SUBMITTAL REQUIREMENTS -
FINAL SUBDIVISION.
An applicant seeking final approval of a short sub-
division, formal subdivision, or binding site plan must
submit a complete application requesting approval. It is
the responsibility of the applicant to provide all of the
necessary information before the application is pro-
cessed. In conjunction with the appropriate fee a com-
plete application for a final subdivision approval shall
contain, but is not limited to, the following:
(a) Application Form. Application shall be made
on the appropriate forms prescribed by the Department
and shall be signed and dated by the property owner or
authorized agent. When an authorized agent is involved,
they shall provide proof they represent the legal interests
of the property owner.
(b) Final Plan. The final plan shall be an original
that is legibly drawn in black ink on Mylar and is suit-
able for producing legible prints through scanning,
microfilming or other standard copying procedures. The
map shall measure eighteen (18) inches by twenty-four
(24) inches and shall include all of the following:
(1) Drawn to scale at no less than one (1) inch
to two hundred (200) feet and the scale shall be shown
on the drawing;
(2) Include the date, title, name and location
of the subject property, graphic scale and true north
point;
(3) Complete legal description of the lands
being divided;
(4) The location of all existing fences, struc-
tures, and other improvements;
(5) The location of any lakes, ponds, wet-
lands, streams, creeks, and slopes (top and toe and per-
centage of slope) greater than forty (40) percent;
(6) Show the location of utilities, streets and
easements within or abutting the subject property;
(7) Display the lines of all streets and roads,
alley lines, lot lines, lot and blocks numbered in numer-
ical order, reservations, easements, and any areas to be
dedicated to public use, with notes stating their purpose
and any limitations;
(8) Contain data sufficient to determine
readily and reproduce on the ground the location, bear-
ing, and length of every street, easement line, lot line,
boundary line and block line on-site;
(9) Include dimensions;
(10)Include section subdivision information.
Methods and data used for corner reestablishment or
section subdivision shall be stated on plat;
(11)When applicable, display all interior per-
manent control monuments located as determined by the
City Engineer’s office. All monuments and property
corners shall be installed prior to the release of any
bond;
(12)If the subdivision includes a dedication,
the following statements shall be included:
(i) The dedication of all streets and other
areas to the public, and individual or individuals, reli-
gious society or societies, or to any corporation, public
or private, as shown on the plat;
(ii) A waiver of all claims for damages
against any governmental authority which may be occa-
sioned to the adjacent land by the established construc-
tion, drainage and maintenance of said road;
20.12-7 (Revised 4/07)
Bremerton Municipal Code 20.12.180
(13)Said statements shall be signed and
acknowledged before a notary public by all parties hav-
ing any interest in the lands subdivided;
(14)Addressing of the individual lots;
(15)Certificate for the approval signatures
detailed in BMC 20.12.090;
(16)Treasurer’s certificate to ensure payment
of taxes; and
(17)Other information requested during the
preliminary approval.
(c) Lot Numbering. Lots shall be consecutively
numbered; tracts shall be lettered alphabetically and in
consecutive order.
(d) Plat Certificates. Three (3) plat certificates for
the real property shall accompany the final plat.
(e) Lot Closures. Perimeter lot closures for all lots,
tracts, and the exterior boundary of the subdivision shall
accompany the final plat.
(f) Addressing. Addresses of the individual lots
shall be obtained from the Public Works Department.
(g) Dedications. Dedications of right-of-way are
pursuant to Chapter 11.12 BMC, Transportation Devel-
opment Code. (Ord. 4980 §1 (part), 2006)
20.12.140 MODIFICATIONS TO
PRELIMINARY SUBDIVISION
APPROVAL.
The Director may administratively approve minor
amendments to a preliminary subdivision approval. The
Hearing Examiner’s approval is required after a public
hearing for major amendment to a preliminary subdivi-
sion approval. Notice of the hearing shall be sent in
accordance with the notice requirements for a public
hearing in Chapter 20.02 BMC, Project Permits, and to
all parties of record. A major amendment includes but is
not limited to any of the following:
(a) Amendments that would result in an increase
to the number of lots in the subdivision beyond the num-
ber previously approved;
(b) Amendments that would result in the reloca-
tion of any roadway access point to an exterior street
from the plat;
(c) Amendments that propose phasing of plat
development not previously approved;
(d) Amendments that, in the opinion of the Direc-
tor, would significantly increase any adverse impacts or
undesirable effects of the plat. (Ord. 4980 §1 (part),
2006)
20.12.150 RECORDING FINAL
SUBDIVISIONS.
All final subdivisions shall be filed for record with
the office of the Kitsap County Auditor. The applicant
shall furnish one (1) copy of the recorded document to
the Department and one (1) copy shall be filed with the
office of the Kitsap County Assessor. (Ord. 4980 §1
(part), 2006)
20.12.160 EXPIRATION OF FINAL
SUBDIVISION APPROVALS.
Approvals of final subdivisions shall automatically
expire if the plans are not recorded within one (1) year
of the written approval date. (Ord. 4980 §1 (part), 2006)
20.12.170 SUBDIVISION VESTING.
Subdivisions shall be governed by the statutes,
ordinances, and regulations in effect at the time of com-
plete application for preliminary subdivision and will
continue to be vested for a period of five (5) years after
the final subdivision approval. (Ord. 4980 §1 (part),
2006)
20.12.180 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 may be required as provided therein.
(b) In addition to, or as an alternative to, any other
penalty provided in this chapter or by law, any person
who violates any provision of this chapter shall be guilty
of a misdemeanor pursuant to BMC 1.12.020(2).
(c) This chapter shall not be construed to relieve
from or lessen the responsibility of any person owning
any land or building, constructing or modifying any sub-
divisions in the City for damages to anyone injured or
damaged either in person or property by any defect
therein; nor shall the City or any agent thereof be held as
assuming such liability by reason of any preliminary or
final approval or by issuance of any permits or certifi-
cates authorized herein. (Ord. 4980 §1 (part), 2006)
20.42-1 (Revised 4/07)
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
Detached
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
(Revised 4/07)20.42-2
20.42.020
Group residential home
Heavy industrial/manufacturing
Height
Home occupation
Homeowners’ association
Hospital
Hotel and lodging place
Household
Identification sign
Illegal sign
Impervious surface
Incidental sign
Incubator for business
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
20.42-3 (Revised 4/07)
Bremerton Municipal Code 20.42.040
Vesting
Veterinary clinics and animal hospitals
Wall sign
Warehousing
Whip antenna
Wireless telecommunications facility
Worship and religious facility
Yard
Yard, construction or storage
Zero lot line
(Ord. 4977 §5, 2006; Ord. 4971 §4 (part), 2006; 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
(Revised 4/07)20.42-4
20.42.040
of one or more rods, panels, discs or similar devices
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
20.42-7 (Revised 4/07)
Bremerton Municipal Code 20.42.040
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
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.
(Revised 4/07)20.42-8
20.42.040
"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
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.
"Incubator for business" means a facility that pro-
vides organizational, mentoring or capital support
intended to accelerate the successful development of
start-up companies, or imparts job and business skills to
employees or trainees. Incubated businesses make
progress toward graduation to independence and reloca-
tion into permanent facilities.
"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.
20.42-8.1 (Revised 4/07)
Bremerton Municipal Code 20.42.040
"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
20.42-13 (Revised 4/07)
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. 4977 §5,
2006; Ord. 4971 §4 (part), 2006; Ord. 4950 §8 (Exh. A)
(part), 2005)
20.50-1 (Revised 4/07)
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 short subdivisions or 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. 4977 §6, 2006; 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
(Revised 4/07)20.50-2
20.50.050
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:
(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;
20.50-2.1 (Revised 4/07)
Bremerton Municipal Code 20.50.050
(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
20.52-7 (Revised 4/07)
Bremerton Municipal Code 20.52.190
(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,
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:
(Revised 4/07)20.52-8
20.52.200
(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.
(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. 4977 §7, 2006; 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 8' 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.
20.58-3 (Revised 4/07)
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, 20.60.066 and 20.60.068. For the purposes
of the RCD, unbuildable critical areas as defined in
BMC 20.14.200 shall be included in the area for calcu-
lating density. A right-of-way assumption shall be
deducted from the total area of the critical area. The
assumed right-of-way deduction is a percentage of the
total environmentally critical area equal to the percent-
age 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 4/07)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. 4977 §8,
2006; 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.
20.60-1 (Revised 4/07)
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 (twenty-one thousand seven
hundred eighty (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;
(l) Incubator for business associated with a wor-
ship and religious facility or community facility, pro-
vided the following conditions are met:
(1) The incubated business is a use that is per-
mitted outright in the neighborhood business zone,
BMC 20.82.020;
(2) Landscaping and signage requirements of
the neighborhood business zone, Chapter 20.82 BMC,
shall be met; and
(3) The parcel upon which the incubated busi-
ness is situated shall have frontage on an arterial street.
(Ord. 4977 §9, 2006: 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;
(Revised 4/07)20.60-2
20.60.040
(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;
(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
20.60-3 (Revised 4/07)
Bremerton Municipal Code 20.60.040
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;
(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
gymnasiums and auditoriums;
(ii) Private schools (K-12) with thirteen
(13) or more students;
(iii) Parks and playgrounds greater than
one-half (1/2) 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) The maximum height for any new
construction may be increased to match the architecture
of existing buildings; provided, that it is set back an
additional foot from any property line for each addi-
tional foot of allowed height, and in no case shall the
new construction exceed forty-five (45) feet;
(Revised 4/07)20.60-4
20.60.060
(iv) 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;
(v) Additional measures may be required
if deemed necessary to mitigate any noise impacts to
adjacent residential uses; and
(vi) 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-
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. (Ord. 4977 §10, 2006: Ord. 4971 §15,
2006; 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.
20.60-5 (Revised 4/07)
Bremerton Municipal Code 20.60.065
(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:
(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
target densities:
(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 foot 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 Target 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 target 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).
(3) One (1) remainder lot within a proposal
for a division of land may be less than the minimum
allowable lot area, provided it is in no smaller than four
thousand three hundred (4,300) square feet, and pro-
vided the reduction is the minimum necessary to create
the other conforming lot(s).
(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
one hundred fifty (150) 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) and all
lots containing nonresidential uses shall be rounded
down to four thousand three hundred (4,300) square feet
to determine average lot area;
(5) All lots containing multifamily residential
uses with twenty-five (25) or more units shall be consid-
ered ten (10) lots with areas of four thousand three hun-
dred (4,300) square feet each for the purposes of this
calculation. No further bonus is allowed, regardless of
the number of units exceeding twenty-five (25).
(g) Target Density/Minimum Lot Area Discrep-
ancy. Should a discrepancy arise between the number of
subdividable lots allowed through the use of the mini-
mum allowable lot area and the target density, the min-
Neighborhood
Average Lot Area:
Target Density (Net)
(Dwellings Per Acre):
(1) Low 7,501 sq. ft. or greater 6
(2) Medium 6,001 to 7,500 sq. ft. 8
(3) High 6,000 sq. ft. or less 10
Neighborhood
Average Lot Area:
Minimum Lot Area
Allowed:
(1) Low 7,501 sq. ft. or greater 6,000 sq. ft.
(2) Medium 6,001 to 7,500 sq. ft. 5,000 sq. ft.
(3) High 6,000 sq. ft. or less 4,300 sq. ft.
(Revised 4/07)20.60-6
20.60.066
imum allowable lot area shall be the controlling factor in
cases where nine (9) or fewer lots are being created, and
the target density shall be the controlling factor in cases
where ten (10) or more lots are being created. (Ord.
4972 §1, 2006; Ord. 4971 §16, 2006: 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)
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.
(b) When an established business use is located in
the low density residential zone, the special purpose
sign regulations in BMC 20.52.130 shall apply. (Ord.
4971 §17, 2006; Ord. 4950 §8 (Exh. A) (part), 2005)
20.64-1 (Revised 4/07)
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 building coverage: fifty (50)
percent unless increased per subsection (b) of this sec-
tion. In no case shall maximum lot coverage exceed sev-
enty-five (75) percent;
(5) Maximum development coverage: 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;
(Revised 4/07)20.64-2
20.64.070
(6) Maximum height: forty (40) feet, and
structures within one hundred (100) feet of the low den-
sity residential (R-10) zone shall not exceed three (3)
stories 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.
4977 §11, 2006; 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
20.79-1 (Revised 4/07)
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: height limit is pursuant
to Figure 20.74(a);
(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 4/07)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. 4977 §12, 2006;
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 4/07)
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 4/07)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 are identified areas where subarea
plans may be created and unique development regula-
tions created for each:
(a) Westpark subarea plan (adopted by Ordinance
No. 4998);
(b) East Park subarea plan (adopted by Ordinance
No. 4962);
(c) Austin Drive subarea 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; that ordinance will contain the
unique regulations and standards that guide develop-
ment for that project area. (Ord. 4998 §2, 2007: Ord.
4962 §3, 2006: Ord. 4950 §8 (Exh. A) (part), 2005)
20.82-1 (Revised 4/07)
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: nonresidential uses
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 supersede 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. 4977 §13, 2006; Ord. 4950 §8 (Exh. A)
(part), 2005)
(Revised 4/07)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 4/07)
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: nonresidential uses
may not exceed 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 supersede subsection (g) of this section. (Ord.
4977 §14, 2006: 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 4/07)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)
Tables-1 (Revised 4/07)
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 (Repealed by 4965)
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, 4975)
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 4/07)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 (Repealed by
4965)
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)
Number Subject
Tables-3 (Revised 4/07)
4925 Amends 2004 budget (Special)
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, 20.16, 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)
4951 Number not used
4952 Amends §§ 7.04.020, 7.15.010 and 13.04.050, dog parks (7.04, 7.15, 13.04)
4953 2006 tax levy (Special)
4954 Amends comprehensive plan (Special)
4955 Amends Ch. 3.01, rates and fees (3.01)
4956 Amends § 15.06.015, Appendix A (15.06)
4957 Recodifies Ch. 2.32 to Ch. 2.34, Gold Mountain Golf Complex board of directors (2.34)
4958 Adds § 18.02.170; amends §§ 15.02.090, 18.02.080; recodifies §§ 18.02.170 to 18.02.180 and
18.02.180 to 18.02.190, automatic sprinkler systems (15.02, 18.02)
4959 Adopts 2006 budget (Special)
4960 Amends 2005 budget (Special)
4961 Amends § 15.06.015, Appendix A (15.06)
Number Subject
(Revised 4/07)Tables-4
4962 Amends § 20.80.080, subarea plans (20.80)
4963 Amends § 2.16.020, fire chief (2.16)
4964 Repeals and replaces Ch. 1.06; amends Ch. 3.01, Rate Table A, public records (1.06, 3.01)
4965 Amends §§ 17.60.070, 17.60.250, 17.60.300, 17.60.310, 17.60.320, Table 040 of Ch. 20.02; repeals and
replaces Ch. 20.14, critical areas (17.60, 20.02, 20.14)
4966 Amends §§ 2.05.010, 2.06.010, 2.06.030, Chs. 2.09 and 2.92; repeals Ch. 2.22, city departments (2.05,
2.06, 2.09, 2.92)
4967 NWCC development agreement termination (Special)
4968 Adds Ch. 3.78, multifamily property tax exemption; amends Ch. 3.01, Rate Table C (3.01, 3.78)
4969 Repeals Ch. 2.11, traffic safety commission (Repealer)
4970 Amends §§ 2.13.070, 2.13.080, 2.13.110, 2.13.150 and Ch. 3.01, Rate Table C, administrative hearing
examiner (2.13, 3.01)
4971 Amends Table 040 of Ch. 20.02, § 20.10.030, Ch. 20.42, §§ 20.44.060, 20.44.090, 20.46.070,
20.46.080(b)(8), 20.46.120(a), 20.48.260, 20.50.050(l), 20.52.130, 20.54.070(b), 20.60.040(j),
20.60.065, 20.60.100 and 20.92.060(g), zoning (20.02, 20.10, 20.42, 20.44, 20.46, 20.48, 20.50, 20.52,
20.54, 20.60, 20.92)
4972 Amends § 20.60.065(f), low density residential (R-10) (20.60)
4973 Amends Ch. 9.48, fireworks (9.48)
4974 Street vacation (Special)
4975 Adds § 2.76.160; amends §§ 2.76.010, 2.76.040 and 2.76.080, procurement and disposal code; repeals
Ords. 4475, 4492, 4562, 4610, 4682, 4702, 4737 and 4868 (2.76)
4976 Amends shoreline master program (Not codified)
4977 Adds definition to Ch. 20.40 [20.42]; amends §§ 6.32.010(c), 20.02.090, 20.04.210(a) and 20.50.030(a),
Figure 20.52(a), §§ 20.58.060(f), 20.60.020, 20.60.040, 20.64.060(a), 20.79.060(a), 20.82.060 and
20.84.060, land use (6.32, 20.02, 20.04, 20.42, 20.50, 20.52, 20.58, 20.60, 20.64, 20.79, 20.82, 20.84)
4978 Street vacation (Special)
4979 Amends 2006 budget (Special)
4980 Amends Ch. 3.01, Rate Table C and Ch. 20.02, Table 040; repeals and replaces Ch. 20.12, land division
(3.01, 20.02, 20.12)
4981 Adds Ch. 2.36 and § 20.02.085, design review board; amends Ch. 20.02, Table 040 (2.36, 20.02)
4982 Amends § 2.09.060, department of financial services (2.09)
4983 Amends Ch. 2.09 and § 2.10.030, departments of financial services and public works and utilities (2.09,
2.10)
4984 Amends §§ 2.50.030, 2.50.031, 2.50.032 and 2.50.070, management and professional staff compensa-
tion program (2.50)
4985 Amends comprehensive plan (Special)
4986 Rezone (Special)
4987 2007 tax levy (Special)
4988 Amends §§ 3.48.030, 3.48.050, 3.48.090 and 3.50.050(f), business and occupation and utility taxes
(3.48, 3.50)
4989 Amends Ch. 3.01 Rate Tables E, F and G, rates and fees (3.01)
4990 Amends § 15.06.015, Appendix A, assessments, rates, fees and charges (15.06)
4991 Adopts 2007 budget (Special)
4992 Adopts 2005 water system plan update; repeals Ord. 4755 (Special)
4993 Amends 2006 budget (Special)
4994 Amends Ch. 20.10, comprehensive plan amendments (20.10)
4995 Amends § 2.46.100, employee recognition (2.46)
4996 Amends and restates 457(b) deferred compensation plan (Not codified)
4997 Annexation (Special)
4998 Amends § 20.80.080, subarea plans, and comprehensive plan (20.80)