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HomeMy WebLinkAbout10 bremerton0608_supp10SUPPLEMENT DIRECTIONS BREMERTON MUNICIPAL CODE Supplement No. 10 – June 2008 New, reprinted pages included with this supplement are listed by title and page number in the right-hand column below. The left-hand column lists obsolete material which should be removed from the code. Follow the instruction columns in sequence: remove and replace pages as necessary. When completed, insert these directions in a convenient place near the front of the code book. For future reference, the person making these changes may also date and initial this page. This supplement includes all legislation passed up to and including Ordinance 5051, passed May 21, 2008. Remove these pages Insert these pages Title 2 2.02-1 ....................................................................... 2.02-1 2.26-1 – 2.26-3 .......................................... 2.26-1 – 2.26-4 2.38-1 ....................................................................... 2.38-1 2.88-1 ....................................................................... 2.88-1 Title 3 3.48-1 – 3.48-10 ...................................... 3.48-1 – 3.48-10 3.48-15 – 3.48-18 .................................. 3.48-15 – 3.48-19 3.78-1 – 3.78-5 .......................................... 3.78-1 – 3.78-8 Title 9 Table of Contents .................................. Table of Contents 9.92-1 – 9.92-2 .......................................... 9.92-1 – 9.92-3 Title 13 Table of Contents .................................. Table of Contents 13.08-1 – 13.08-3 .................................. 13.08-1 – 13.08-4 Title 15 15.06-1 – 15.06-2 .................................. 15.06-1 – 15.06-2 15.06-A3 – 15.06-A4 ....................... 15.06-A3 – 15.06-A4 Title 20 Table of Contents .................................. Table of Contents 20.42-7 – 20.42-8 .................................. 20.42-7 – 20.42-8 20.42-13 – 20.42-14 .......................... 20.42-13 – 20.42-14 20.48-3 – 20.48-6 .................................. 20.48-3 – 20.48-6 20.50-1 – 20.50-4 .................................. 20.50-1 – 20.50-4 20.52-1 – 20.52-4 .................................. 20.52-1 – 20.52-4 20.52-7 – 20.52-8 .................................. 20.52-7 – 20.52-8 20.62-1 – 20.62-3 .................................. 20.62-1 – 20.62-2 20.64-1 – 20.64-3 .................................. 20.64-1 – 20.64-3 20.66-1 – 20.66-2 .................................. 20.66-1 – 20.66-2 20.70-1 – 20.70-2 .................................. 20.70-1 – 20.70-2 20.74-1 – 20.74-3 .................................................. 20.74-1 20.75-1 – 20.75-3 .................................................. 20.75-1 20.76-1 – 20.76-3 .................................................. 20.76-1 20.79-1 – 20.79-2 .................................................. 20.79-1 20.80-1 – 20.80-3 .................................. 20.80-1 – 20.80-3 20.82-1 – 20.82-2 .................................. 20.82-1 – 20.82-2 (Revised 6/08) Updated by: _______ Dated: ____________ Remove these pages Insert these pages Title 20 (Continued) 20.84-1 – 20.84-2 ................................................... 20.84-1 20.86-1 – 20.86-2 ................................... 20.86-1 – 20.86-2 20.88-1 – 20.88-2 ................................... 20.88-1 – 20.88-2 20.90-1 – 20.90-2 ................................... 20.90-1 – 20.90-2 20.92-1 – 20.92-2 ................................... 20.92-1 – 20.92-2 20.94-1 – 20.94-2 ................................................... 20.94-1 20.98-1 ................................................................... 20.98-1 Tables 3 – 5 ........................................................................... 3 – 6 Please call Code Publishing Company (206-527-6831) should questions arise while removing and replacing supplement pages. (Revised 6/08) 2.02-1 (Revised 6/08) Chapter 2.02 CITY COUNCIL Sections: 2.02.010 REGULAR MEETINGS. 2.02.020 SPECIAL MEETINGS. 2.02.030 COMMITTEES. 2.02.040 RULES AND PROCEDURES. 2.02.050 COUNCIL MEMBER SALARY SCHEDULE. 2.02.010 REGULAR MEETINGS. (a) Regular Business Meetings. The City Council shall meet regularly to conduct official business and to take action thereon on the first and third Wednesday of each calendar month commencing at 5:00 p.m. at the designated Council Chambers or the City Council Con- ference Room located at the Norm Dicks Government Center, 345 6th Street, Bremerton, Washington (“City Hall”), or any other place within the corporate limits of the City as provided in the public notice of meeting. (b) Study Sessions. Study sessions of the City Council shall be held on the second and fourth Wednes- day of each month at 5:00 p.m. at City Hall, or any other place within the corporate limits of the City as provided in the public notice of meeting, to discuss administrative matters and/or to review and discuss items to be consid- ered at future regular business meetings. (c) Holidays and Cancellation of Meetings. (1) There shall be no regular meeting of the City Council during the week of Thanksgiving. (2) If at any time any regular meeting of the City Council falls on a legal holiday, then pursuant to RCW 42.30.070 such regular meeting shall be held on the next business day. (3) The City Council may, at its discretion, cancel a regular meeting due to circumstances deemed warranted by the Council by providing notice of cancel- lation in the same manner as notice of agendas of regular council meetings pursuant to subsection (d) of this sec- tion. (d) Agendas and Notice of Regular Meetings. A regularly scheduled City Council business meeting may consist of a briefing session, study session, general busi- ness session, public hearing, a combination thereof, or any other format as established by the City Council as noted in the Council agenda. Notices of agendas of all regular meetings shall be delivered to the local televi- sion station and local newspaper of general circulation by mail, facsimile, electronic mail or other similar means. (Ord. 5047 §1, 2008: Ord. 4928 §1, 2005; Ord. 4889 §2, 2004; Ord. 4805, Amended, 06/16/2002; Ord. 4765, Amended, 07/06/2001; Ord. 4666, Amended, 10/17/1999; Ord. 4129 §1, 1987; Ord. 3760, 1982; Ord. 3392 §1, 1977; Ord. 2987 §1, 1971; Ord. 2669 §1 (in part), 1966. Formerly 2.04.010) 2.02.020 SPECIAL MEETINGS. Pursuant to RCW 42.30.080, special meetings of the City Council may be held, after public notice has been given, at a time and place as specified in the notice of meeting. (Ord. 4928 §1, 2005) 2.02.030 COMMITTEES. The City Council may, by rule or procedure, estab- lish Council committees, and procedures for such com- mittees, to assist the City Council in conducting its business. (Ord. 4928 §1, 2005) 2.02.040 RULES AND PROCEDURES. The City Council may adopt any rules and proce- dures it deems appropriate to implement the provisions of the City Charter and this chapter relating to Council meetings and Council business. (Ord. 4928 §1, 2005) 2.02.050 COUNCIL MEMBER SALARY SCHEDULE. Council member salary schedules shall be estab- lished and filed with the City Clerk by the Bremerton Citizen’s Commission on Council Salaries pursuant to the Charter. (Ord. 4928 §1, 2005; Ord. 4889 §2, 2004; Ord. 4805, Amended, 06/16/2002; Ord. 4611, Added, 01/01/1998. Formerly 2.04.020) 2.26-1 (Revised 6/08) Chapter 2.26 EMERGENCY MANAGEMENT ORGANIZATION Sections: 2.26.010 DEFINITIONS. 2.26.020 ESTABLISHED. 2.26.030 POWERS AND DUTIES. 2.26.040 EMERGENCY MANAGEMENT COUNCIL - CONTROL. 2.26.050 EMERGENCY MANAGEMENT COUNCIL - COMPOSITION. 2.26.060 EMERGENCY MANAGEMENT COUNCIL - CONDUCT OF BUSINESS. 2.26.070 EMERGENCY MANAGEMENT COUNCIL - APPOINTMENT OF DIRECTOR. 2.26.080 POWERS AND DUTIES OF DIRECTOR. 2.26.090 BUDGET. 2.26.100 FUNDING. 2.26.110 FUND ESTABLISHED. 2.26.120 DECLARATION OF EMERGENCY OR DISASTER. 2.26.130 COMPENSATION FOR EMERGENCY WORKERS. 2.26.140 LIABILITY. 2.26.150 COMPENSATION BOARD. 2.26.160 COUNTY DUTIES. 2.26.170 VIOLATION - PENALTY. 2.26.180 CHAPTER TO BE LIBERALLY CONSTRUED. 2.26.190 TERM. 2.26.200 WITHDRAWAL BY PARTICIPANTS. 2.26.210 MAYOR’S PROCLAMATION OF EMERGENCY. 2.26.010 DEFINITIONS. The following terms are defined as follows: (a) "Cities" means the cities of Bremerton, Port Orchard, Poulsbo and Winslow. (b) "Council" means the emergency management council of Kitsap County. (c) "County" means Kitsap County. (d) "Director" means the director of the emergency organization. (e) "Emergency" or "disaster" means an event or set of circumstances which (1) demands immediate action to preserve public health, protect life, protect public property, or to provide relief to any stricken com- munity overtaken by such occurrences, or (2) reaches such a dimension or degree of destructiveness as to war- rant the governor declaring a state of emergency pursu- ant to RCW 43.06.010. (f) "Emergency organization" means the emer- gency management organization of Kitsap County. (g) "Emergency management" means the prepara- tion for and the carrying out of all emergency functions, other than functions for which the military forces are primarily responsible, to mitigate, prepare for, respond to, and recover from emergencies and disasters, and to aid victims suffering from injury or damage resulting from disasters caused by all hazards, whether natural or manmade, and to provide support for research and res- cue operations for persons and property in distress. (h) "Search and rescue" means the acts of search- ing for, rescuing, or recovering by means of ground, marine, or air activity any person who becomes lost, injured, or is killed while outdoors or as a result of a nat- ural or manmade disaster including instances involving searches for downed aircraft when ground personnel are used. (Ord. 4081 §1, 1986) 2.26.020 ESTABLISHED. The emergency management organization of Kit- sap County is established. This organization is the suc- cessor to the Kitsap County department of emergency management. (Ord. 4081 §2, 1986) 2.26.030 POWERS AND DUTIES. The emergency organization shall provide emer- gency management to the residents of and on behalf of the county and cities. In addition, the emergency organi- zation is, pursuant to RCW 38.52.070, designated as the local organization for emergency management for county and cities. The emergency organization is vested with emergency management power and authority to the maximum extent permitted by Chapter 38.52 RCW. (Ord. 4081 §3, 1986) 2.26.040 EMERGENCY MANAGEMENT COUNCIL - CONTROL. (a) The emergency management council of Kitsap County is established. (b) The control, direction and management of emergency organization are vested in the council. (Ord. 4081 §4, §5, 1986) 2.26.050 EMERGENCY MANAGEMENT COUNCIL - COMPOSITION. The council shall be composed of nine (9) persons as follows: (1) the three (3) county commissioners; (2) the mayor, city council president and an at-large council member of Bremerton; and (3) the mayors of Port Orchard, Poulsbo and Winslow. If one (1) of the forego- ing is unable to attend a meeting of the council, he or she may designate a substitute who shall be empowered to (Revised 6/08)2.26-2 vote and participate in the proceedings. (Ord. 4081 §6, 1986) 2.26.060 EMERGENCY MANAGEMENT COUNCIL - CONDUCT OF BUSINESS. (a) Meetings. The business and other matters which come before the council shall be transacted at open public meetings. Meetings may be scheduled at regular times or may be called only as necessary. Meet- ings may be called by the council’s chairperson or vice- chairperson or by the director. (b) Quorum. Five (5) members of the council shall constitute a quorum and business may be transacted by majority vote. (c) Bylaws. Bylaws may be passed and amended by the council but shall require a two-thirds (2/3) favor- able vote. (d) Election. At the first meeting of each calendar year the council shall elect one (1) of its number chair- person and another vice-chairperson. Each shall serve for the balance of the calendar year or until successors are elected. (e) Minutes. The director or someone designated by him or her shall keep the minutes of all meetings. (f) Rules. Council meetings shall be conducted in accordance with Robert’s Rules of Order. (g) Notice. Prior to conducting and holding meet- ings, each member of the council shall be given forty- eight (48) hours’ advance notice. (Ord. 4081 §7, 1986) 2.26.070 EMERGENCY MANAGEMENT COUNCIL - APPOINTMENT OF DIRECTOR. The council shall appoint a director who shall orga- nize, administrate and operate the emergency organiza- tion on a day-to-day basis. The director shall serve at the pleasure of the council. (Ord. 4081 §8, 1986) 2.26.080 POWERS AND DUTIES OF DIRECTOR. The director shall: (a) Implement the policies, programs and direc- tives of the council in regard to emergency manage- ment; (b) Make recommendations and reports to the council; (c) Represent the emergency management pro- gram on behalf of the council in dealings with public and private entities; (d) Organize, appoint and train volunteers and sal- aried employees needed to assist in the implementation of emergency management; (e) Coordinate the local emergency management program with state, federal, and other local programs; (f) Develop an all-hazard emergency plan includ- ing procedures to be utilized in emergencies; (g) Conduct studies and surveys of hazards and the resources available to deal with them; (h) Develop mutual aid agreements for reciprocal emergency management aid and assistance. (Ord. 4081 §9, 1986) 2.26.090 BUDGET. (a) Submittal. Prior to the expiration of each calen- dar year the director shall submit a proposed budget to the council. (b) Adoption. The council shall adopt a budget ninety (90) days prior to the end of the calendar year. (Ord. 4081 §10, 1986) 2.26.100 FUNDING. The annual budget amount of emergency organiza- tion not funded after receipt of grants or gifts shall be funded by assessments from the county and cities. The assessment amount for each city shall be that amount which is obtained when the population of that city is divided by the total population of the county and that percentage is then multiplied by the budget amount. The assessment amount for the county shall be that amount which is obtained when the population of the unincorpo- rated portion of the county is divided by the total popu- lation of the county and that percentage is then multiplied by the budget amount. Population figures uti- lized shall be the latest figures available from the Bureau of Census, State Office of Financial Manage- ment. (Ord. 4081 §11, 1986) 2.26.110 FUND ESTABLISHED. Moneys received and collected on behalf of the emergency organization shall be deposited in a fund known as the "Kitsap County Emergency Management Fund," maintained by the county’s treasurer. Expendi- tures by emergency organization shall be made from this fund. (Ord. 4081 §12, 1986) 2.26.120 DECLARATION OF EMERGENCY OR DISASTER. (a) Declaration. If the circumstances warrant, the council may declare the existence of an emergency or disaster; provided, if the circumstances are sufficiently exigent the director may declare the existence of an emergency or disaster if there is not sufficient time for the council to meet in person or by telephone; provided further, if an emergency or disaster is declared by the director, the council shall meet with all dispatch to affirm or rescind the declaration. (b) Abatement. When a declared emergency or disaster has sufficiently abated, the council shall declare an end to the emergency or disaster. 2.26-3 (Revised 6/08) (c) Use of Government Resources. If an emer- gency or disaster has been declared, the emergency organization may utilize the services, equipment, sup- plies and facilities of the state and all governmental enti- ties organized pursuant to state law. (d) Impressment of Citizens. If an emergency or disaster has been proclaimed by the governor, the emer- gency organization may command the service and equipment of citizens. (e) Rules and Regulations. If an emergency or disaster has been declared, the council may make such rules and regulations necessary for the protection of life and property. (Ord. 4081 §13, 1986) 2.26.130 COMPENSATION FOR EMERGENCY WORKERS. Emergency workers or their dependents shall be compensated for injuries or death as provided in Chapter 38.52 RCW and WAC Title 118. (Ord. 4081 §14, 1986) 2.26.140 LIABILITY. Liability for emergency management operations shall be as limited by Chapter 38.52 RCW. (Ord. 4081 §15, 1986) 2.26.150 COMPENSATION BOARD. The compensation board for emergency organiza- tion shall be composed of those individuals as would a compensation board for a county pursuant to RCW 38.52.210(1). (Ord. 4081 §16, 1986) 2.26.160 COUNTY DUTIES. The county shall: (a) Provide office space and related amenities for the emergency organization; (b) Recommend the salaries of the director and the salaried staff of the emergency organization; (c) Treat the director and salaried staff as a county department, insofar as possible, with respect to such matters as auditing, accounting, fringe benefits and per- sonnel policies. (Ord. 4081 §17, 1986) 2.26.170 VIOLATION - PENALTY. Any person, firm or corporation knowingly violat- ing any rule or regulation promulgated pursuant to BMC 2.26.120(e) shall be guilty of a misdemeanor. Any vio- lation shall be deemed a separate offense for each day or portion thereof it continues. Punishment upon convic- tion shall be a fine not exceeding two hundred fifty dol- lars ($250.00) or imprisonment for not more than ninety (90) days, or both such fine and imprisonment. (Ord. 4081 §18, 1986) 2.26.180 CHAPTER TO BE LIBERALLY CONSTRUED. This chapter shall be liberally construed to secure the public health, safety and welfare, and the rule of strict construction shall have no application. (Ord. 4081 §19, 1986) 2.26.190 TERM. This chapter shall be of perpetual duration unless terminated as provided in BMC 2.26.200. (Ord. 4081 §21, 1986) 2.26.200 WITHDRAWAL BY PARTICIPANTS. Any of the five (5) participants of this joint emer- gency services program may withdraw from it by giving written notice of such to each of the other participants no later than sixty days prior to the end of a calendar year; provided, that no participant may withdraw unless it is current in its monetary assessment. In the event such notice is given, the withdrawal shall be effective December 31st of the year such notice was given. Forth- with upon receipt of a notice of withdrawal, the remain- ing participants shall meet with respect to the adjustments to the joint program necessitated by such withdrawal. (Ord. 4081 §22, 1986) 2.26.210 MAYOR’S PROCLAMATION OF EMERGENCY. (a) When unforeseen circumstances, beyond the control of the City, present an emergency or disaster as defined in the City of Bremerton’s Comprehensive Emergency Management Plan, RCW 38.52.010(6)(a), and/or other federal, state or local law, the Mayor, or in his or her absence, the Mayor Pro Tempore, or in both their absence, the next successor in line on the City Council, may issue a proclamation (“Mayor’s Procla- mation”) that an emergency situation exists (“State of Emergency”) which necessitates activation of the City of Bremerton’s Comprehensive Emergency Manage- ment Plan, and the utilization of emergency powers granted pursuant to said plan, as well as Chapter 2.26 BMC, RCW 38.52.070(2) and other applicable federal, state and/or local laws. Upon such proclamation, the City departments are authorized to do the following: (1) In accordance with BMC 2.76.130, make purchases and enter into related contracts for material, equipment and services necessary and appropriate to address the emergency situation and the implementation of emergency protective measures without the necessity to follow the standard purchasing requirements outlined in Chapter 2.76 BMC; (2) Make purchases and enter into related contracts for material, equipment and services necessary and appropriate to address the emergency situation (Revised 6/08)2.26-4 without utilization of competitive bidding requirements of Chapter 39.04 RCW; (3) To incur obligations necessary to combat such emergency situations to protect the health and safety of persons and property; (4) To exercise the powers vested under this proclamation in light of an extreme emergency situation without regard to time-consuming procedures and for- malities prescribed by law (excepting mandatory consti- tutional requirements); (5) Provide appropriate assistance to the vic- tims of such disaster; and (6) To take any other emergency protective measures deemed appropriate. (b) The use of the emergency powers granted in this section shall be in effect only so long as emergency protective measures are deemed necessary to: (1) Eliminate or reduce any immediate threat to life, public health, or safety; or (2) Eliminate or reduce an immediate threat of significant damage to improved public property (and private property when it is in the best interest of the gen- eral public) through cost-effective measures. (c) Upon the conclusion of the event, the Mayor, or in his or her absence, the Mayor Pro Tempore, or in both their absence, the next successor in line on the City Council, will issue a declaration (“Mayor’s Declara- tion”) terminating the state of emergency as declared in the Mayor’s proclamation ending the event period. (Ord. 5042 §1, 2008) 2.38-1 (Revised 6/08) Chapter 2.38 LODGING TAX ADVISORY COMMITTEE Sections: 2.38.010 COMMITTEE CREATED - MEMBERSHIP. 2.38.020 APPOINTMENT. 2.38.030 TERMS. 2.38.040 COMMITTEE DUTIES. 2.38.050 SUBMISSION OF PROPOSALS. 2.38.010 COMMITTEE CREATED - MEMBERSHIP. There is hereby created the Lodging Tax Advisory Committee ("Committee"). The Committee shall serve in an advisory capacity to the Mayor and City Council. The Committee shall consist of five (5) members as fol- lows: (a) Two (2) members appointed by the City Coun- cil who are representatives of businesses required to col- lect tax under Chapter 67.28 RCW; (b) Two (2) members appointed by the City Coun- cil who are persons involved in activities authorized to be funded by revenue received under Chapter 67.28 RCW; (c) One (1) member of the City Council who shall serve as chair of the Committee. (Ord. 5043 §1 (part), 2008: Ord. 5001 §3 (part), 2007. Formerly 2.36.010) 2.38.020 APPOINTMENT. Pursuant to Section 32 of the City Charter and as provided for in RCW 67.28.1817(1), appointments to the Committee shall be made by the Mayor subject to confirmation by the City Council, except the appointed Council member who shall be appointed by the Council President. Pursuant to Section 32 of the City Charter, the members identified in BMC 2.38.010(a) and (b) need not be residents of the City; however, said members should represent interests doing business in the City. (Ord. 5043 §1 (part), 2008: Ord. 5001 §3 (part), 2007. Formerly 2.36.020) 2.38.030 TERMS. With the exception of the City Council member serving on the Committee, who shall be appointed by the City Council on an as-needed basis, all members appointed pursuant to BMC 2.38.020 shall serve three (3) year terms. The initial appointment shall be stag- gered with one (1) appointment serving a one (1) year term, one (1) appointment serving a two (2) year term, and two (2) appointments serving a three (3) year term. Organizations representing businesses required to col- lect tax under Chapter 67.28 RCW and organizations involved in activities authorized to be funded by reve- nue received under said tax as well as local agencies involved in tourism and promotion may submit recom- mendations for membership on the Committee to the Mayor. (Ord. 5043 §1 (part), 2008: Ord. 5001 §3 (part), 2007. Formerly 2.36.030) 2.38.040 COMMITTEE DUTIES. The Committee shall review and make recommen- dations to the Mayor and City Council as follows: (a) The Committee shall review and make recom- mendations to the Mayor and City Council on any increases in the rate of tax imposed, repeal of any exemption from a tax imposed or a change in the use of revenue received, including allocation of City lodging tax revenues, pursuant to RCW 67.28.1815. (b) Any such proposal shall be submitted to the Committee at least forty-five (45) days before final action on or passage of the proposal by the City Council. The Committee shall consider any such proposal, pro- vide for public input, and submit comments in a timely manner to the Mayor and City Council. The comments shall include an analysis of the extent to which the pro- posal will accommodate activities for tourists or increase tourism, and the extent to which the proposal will affect the long-term stability of the fund created under RCW 67.28.1815. Failure of the Committee to submit comments before final action on or passage of the proposal shall not prevent the City Council from act- ing on it. An amended proposal is not required to be sub- mitted to the Committee under this section. (c) The Committee may adopt, and amend from time to time as deemed necessary, rules and procedures for submittal, reviewing and processing of applications consistent with this chapter. (Ord. 5043 §1 (part), 2008: Ord. 5001 §3 (part), 2007. Formerly 2.36.040) 2.38.050 SUBMISSION OF PROPOSALS. The following criteria must be met and included in applications by all applicants and recipients for any use or disbursements of the lodging tax funds, and any reserve created with lodging tax funds: (a) Applicants must provide information and doc- uments as required in the application form, pursuant to rules and procedures as may be established by the Com- mittee and as otherwise requested by the Committee. (b) Proposals shall be dated and submitted in writ- ing on a form or in a format as required by the Commit- tee. Proposals shall be submitted to the City Council office by the date established by the Committee for sub- mitting applications. (Ord. 5043 §1 (part), 2008: Ord. 5001 §3 (part), 2007. Formerly 2.36.050) 2.88-1 (Revised 6/08) Chapter 2.88 DISABILITY ACTION COMMITTEE Sections: 2.88.010 ESTABLISHED. 2.88.020 MEMBERSHIP AND TERMS OF OFFICE. 2.88.030 SALARIES AND PERSONAL EXPENSES. 2.88.040 OFFICERS. 2.88.050 DUTIES AND RESPONSIBILITIES. 2.88.060 COMPLIANCE WITH CODE OF ETHICS. 2.88.070 MEETINGS. 2.88.080 REMOVAL OF MEMBERS. 2.88.090 VACANCIES. 2.88.010 ESTABLISHED. There is established a Disability Action Committee which will act solely as an advisory group to the City Council and the Mayor. (Ord. 5040 §1 (part), 2008: Ord. 4390 §1 (in part), 1992) 2.88.020 MEMBERSHIP AND TERMS OF OFFICE. (a) The Committee shall consist of three (3) mem- bers: (1) The Mayor shall appoint the members of the committee. At least one (1) member shall be a per- son with a disability. Members may reside outside the City if solicitation procedures fail to generate a qualified candidate who resides in the City. (2) Members shall be appointed for a term of two (2) years. (3) The Director of Public Works and Utili- ties, or his designee, shall be the ADA Coordinator for this Committee. (Ord. 5040 §1 (part), 2008: Ord. 4573, Amended, 10/17/1996; Ord. 4390 §1 (in part), 1992) 2.88.030 SALARIES AND PERSONAL EXPENSES. The members of the Committee shall receive no salaries or other remuneration for their services in such capacity and shall not be entitled to personal expenses incurred by them in the discharge of their official duties, except to the extent and purposes and amounts such expense is first authorized and approved in advance by the Mayor. (Ord. 5040 §1 (part), 2008: Ord. 4390 §1 (in part), 1992) 2.88.040 OFFICERS. The Committee shall elect a chair person by a sim- ple majority of the members. (Ord. 5040 §1 (part), 2008: Ord. 4390 §1 (in part), 1992) 2.88.050 DUTIES AND RESPONSIBILITIES. The Committee shall have the following specific functions: (a) The Committee will be the appeal body for the ADA grievance procedure as set forth in Resolution No. 2409. Upon review of the grievance, the Committee shall render a written advisory decision to the complain- ant and the Mayor pursuant to the grievance procedure. Any grievances brought to the Committee shall be directed to the ADA Coordinator for initial review. (b) Recommend appropriate modifications to City services, policies and practices to help implement the ADA. (c) Shall report to the ADA Coordinator concerns brought to it by individuals regarding possible non-com- pliance with the ADA, and the Committee will there- upon make advisory suggestions as to any action to be taken. (Ord. 5040 §1 (part), 2008: Ord. 4390 §1 (in part), 1992) 2.88.060 COMPLIANCE WITH CODE OF ETHICS. The Committee shall comply with the City Code of Ethics ordinance codified as Chapter 2.96 BMC. (Ord. 5040 §1 (part), 2008: Ord. 4390 §1 (in part), 1992) 2.88.070 MEETINGS. The Committee shall establish a regular meeting day and time and shall meet at least once every quarter. All meetings of the Committee shall be held in accor- dance of the city and state law regarding public meet- ings. (Ord. 5040 §1 (part), 2008: Ord. 4573, Amended, 10/17/1996; Ord. 4390 §1 (in part), 1992) 2.88.080 REMOVAL OF MEMBERS. Members of the Committee shall serve at the plea- sure of the Mayor. A member shall not be absent more than three consecutive meetings. After the absence from three consecutive meetings, the remaining members of the Committee shall vote to retain or recommend to the Mayor that the absentee member be relieved of his duties on the Committee. (Ord. 5040 §1 (part), 2008: Ord. 4390 §1 (in part), 1992) 2.88.090 VACANCIES. Vacancies shall be filled in accordance with BMC 2.88.020. If a vacancy exists for more than ninety (90) days, the City Council may appoint a member to fill the vacancy. (Ord. 5040 §1 (part), 2008: Ord. 4390 §1 (in part), 1992) 3.48-1 (Revised 6/08) Chapter 3.48 BUSINESS AND OCCUPATION TAXES Sections: 3.48.020 EXERCISE OF REVENUE LICENSE POWER. 3.48.025 BUSINESS LICENSE - REQUIRED. 3.48.028 ADMINISTRATIVE PROVISIONS. 3.48.030 DEFINITIONS. 3.48.040 AGENCY - SALES AND SERVICES BY AGENT, CONSIGNEE, BAILEE, FACTOR OR AUCTIONEER. 3.48.050 IMPOSITION OF THE TAX - TAX OR FEE LEVIED. 3.48.060 DOING BUSINESS WITH THE CITY. 3.48.070 MULTIPLE ACTIVITIES CREDIT WHEN ACTIVITIES TAKE PLACE IN ONE (1) OR MORE CITIES WITH ELIGIBLE GROSS RECEIPT TAXES. 3.48.075 DEDUCTIONS TO PREVENT MULTIPLE TAXATION OF MANUFACTURING ACTIVITIES AND PRIOR TO JANUARY 1, 2008, TRANSACTIONS INVOLVING MORE THAN ONE (1) CITY WITH AN ELIGIBLE GROSS RECEIPTS TAX. 3.48.076 ASSIGNMENT OF GROSS INCOME DERIVED FROM INTANGIBLES. 3.48.077 ALLOCATION AND APPORTIONMENT OF INCOME WHEN ACTIVITIES TAKE PLACE IN MORE THAN ONE (1) JURISDICTION. 3.48.078 ALLOCATION AND APPORTIONMENT OF PRINTING AND PUBLISHING INCOME WHEN ACTIVITIES TAKE PLACE IN MORE THAN ONE (1) JURISDICTION. 3.48.090 EXEMPTIONS. 3.48.100 DEDUCTIONS. 3.48.120 TAX PART OF OVERHEAD. 3.48.125 RULES AND REGULATIONS. 3.48.130 SEVERABILITY CLAUSE. 3.48.020 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. 5028 §1 (part), 2007: Ord. 4843, Added, 01/03/2003) 3.48.025 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. 5028 §1 (part), 2007: Ord. 4843, Added, 01/03/2003) 3.48.028 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. 5028 §1 (part), 2007: Ord. 4843, Added, 01/03/2003) 3.48.030 DEFINITIONS. In construing the provisions of this chapter, the fol- lowing definitions shall be applied. Words in the singu- lar number shall include the plural, and the plural shall include the singular. "Advance," "reimbursement." (1) "Advance" means money or credits received by a taxpayer from a customer or client with which the taxpayer is to pay costs or fees on behalf of the customer or client. (2) "Reimbursement" means money or credits received from a customer or client to repay the taxpayer for money or credits expended by the taxpayer in pay- ment of costs or fees of the customer or client. "Agricultural product" means any product of plant cultivation or animal husbandry including, but not lim- ited to: a product of horticulture, grain cultivation, ver- miculture, viticulture, or aquaculture as defined in RCW 15.83.480; plantation Christmas trees; turf; or any ani- mal including but not limited to an animal that is a pri- vate sector cultured aquatic product as defined in RCW 15.83.480, or a bird, or insect, or the substances obtained from such an animal. "Agricultural product" does not include animals intended to be pets. "Artistic or cultural organization." As used in this chapter: (1) The term "artistic or cultural organization" means an organization which is organized and operated exclusively for the purpose of providing artistic or cul- tural exhibitions, presentations, or performances or cul- tural or art education programs, as defined in subsection (Revised 6/08)3.48-2 (10) of this definition, for viewing or attendance by the general public. (2) The organization must be a not-for-profit cor- poration under Chapter 24.03 RCW. (3) The organization must be managed by a gov- erning board of not less than eight (8) individuals none of whom is a paid employee of the organization or by a corporation sole under Chapter 24.12 RCW. (4) No part of its income may be paid directly or indirectly to its members, stockholders, officers, direc- tors, or trustees except in the form of services rendered by the corporation in accordance with its purposes and bylaws. (5) Salary or compensation paid to its officers and executives must be only for actual services rendered, and at levels comparable to the salary or compensation of like positions within the State. (6) Assets of the corporation must be irrevocably dedicated to the activities for which the exemption is granted and, on the liquidation, dissolution, or abandon- ment by the corporation, may not inure directly or indi- rectly to the benefit of any member or individual except a nonprofit organization, association, or corporation which also would be entitled to the exemption. (7) The corporation must be duly licensed or certi- fied when licensing or certification is required by law or regulation. (8) The amounts received that qualify for exemp- tion must be used for the activities for which the exemp- tion is granted. (9) Services must be available regardless of race, color, national origin, ancestry, religion, age, sex, mari- tal status, sexual orientation, Vietnam or disabled vet- eran status, or the presence of any mental or physical disability. (10)The term "artistic or cultural exhibitions, pre- sentations, or performances or cultural or art education programs" is limited to: (a) An exhibition or presentation of works of art or objects of cultural or historical significance, such as those commonly displayed in art or history museums; (b) A musical or dramatic performance or series of performances; or (c) An educational seminar or program, or series of such programs, offered by the organization to the general public on an artistic, cultural, or historical subject. "Business" includes all activities engaged in with the object of gain, benefit, or advantage to the taxpayer or to another person or class, directly or indirectly. "Business and occupation tax" or "gross receipts tax" means a tax imposed on or measured by the value of products, the gross income of the business, or the gross proceeds of sales, as the case may be, and that is the legal liability of the business. "Cash discount" means a deduction from the invoiced amount allowed by the seller if the bill is paid within a certain time period or before a specified date. "City" means City of Bremerton, Washington. "Commercial or industrial use" means the following uses of products, including by-products, by the extractor or manufacturer thereof: (1) Any use as a consumer; (2) Any use in the manufacturing of products including articles, substances or commodities. "Competitive telephone service" means the providing by any person of telecommunications equipment or apparatus, or service related to that equipment or appa- ratus such as repair or maintenance service, if the equip- ment or apparatus is of a type which can be provided by persons that are not subject to regulation as telephone companies under RCW Title 80 and for which a separate charge is made. "Consumer" means the following: (1) Any person who purchases, acquires, owns, holds, or uses any tangible or intangible personal prop- erty irrespective of the nature of the person’s business and including, among others, without limiting the scope hereof, persons who install, repair, clean, alter, improve, construct, or decorate real or personal property of or for a consumer other than for the purpose of: (a) Resale as tangible or intangible personal property in the regular course of business; (b) Incorporating such property as an ingredi- ent or component of real or personal property when installing, repairing, cleaning, altering, imprinting, improving, constructing, or decorating such real or per- sonal property of or for consumers; (c) Incorporating such property as an ingredi- ent or component of a new product or as a chemical used in processing a new product when the primary purpose of such chemical is to create a chemical reaction directly through contact with an ingredient of a new product; or (d) Consuming the property in producing fer- rosilicon which is subsequently used in producing mag- nesium for sale, if the primary purpose of such property is to create a chemical reaction directly through contact with an ingredient of ferrosilicon; (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 this section 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 3.48-3 (Revised 6/08) 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 definition in respect to tangible personal property incorporated into, installed in, or attached to such building or other structure by such person. Nothing contained in this or any other subsection of this definition shall be construed to modify any other definition of "consumer." "Deficiency" means the amount of tax imposed by law less any tax reported by the taxpayer on a tax return. "Delivery" means the transfer of possession of tangible personal property between the seller and the buyer or the buyer’s representative. Delivery to an employee of a buyer is considered delivery to the buyer. Transfer of possession of tangible personal property occurs when the buyer or the buyer’s representative first takes physi- cal control of the property or exercises dominion and control over the property. "Dominion and control" means the buyer has the ability to put the property to the buyer’s own purposes. It means the buyer or the buyer’s representative has made the final decision to accept or reject the property, and the seller has no further right to possession of the property and the buyer has no right to return the property to the seller, other than under a war- ranty contract. A buyer does not exercise dominion and control over tangible personal property merely by arranging for shipment of the property from the seller to itself. A buyer’s representative is a person, other than an employee of the buyer, who is authorized in writing by the buyer to receive tangible personal property and take dominion and control by making the final decision to accept or reject the property. Neither a shipping com- pany nor a seller can serve as a buyer’s representative. It is immaterial where the contract of sale is negotiated or where the buyer obtains title to the property. Delivery terms and other provisions of the Uniform Commercial Code (RCW Title 62A) do not determine when or where delivery of tangible personal property occurs for pur- poses of taxation. "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" 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 (1) of the following activities conducted within the City by a per- son, or its employee, agent, representative, independent contractor, broker or another acting on its behalf consti- tutes engaging in business and requires a person to reg- ister 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. (Revised 6/08)3.48-4 (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. (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, and 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) Conducting advertising through the mail. (g) 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. Such activities do not include those in sub- section (4) of this definition. (6) "Nexus." A person has created nexus with the City if, whether itself or by its employees, agents, repre- sentatives, 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 includes any activity sufficient to establish nexus for purposes of applying the tax under the law and the constitutions of the United States and the State of Wash- ington. 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" is the activity engaged in by an extractor and is reportable under the extracting classification. "Extractor" means every person who from the per- son’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 necessary labor or mechanical services, for sale or for commercial 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 tim- ber, Christmas trees, other than plantation 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 necessary labor or mechanical services for others; persons cultivating or 3.48-5 (Revised 6/08) raising fish entirely within confined rearing 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 person’s own land or from land in which the person has a present right of possession; or persons meeting the definition of "farmer." "Extractor for hire" means a person who performs under contract necessary labor or mechanical services for an extractor. "Farmer" means any person engaged in the business of growing or producing, upon the person’s own lands or upon the lands in which the person has a present right of possession, any agricultural product whatsoever for sale. "Farmer" does not include a person using such products as ingredients in a manufacturing process, or a person growing or producing such products for the per- son’s own consumption. "Farmer" does not include a person selling any animal or substance obtained there- from in connection with the person’s business of operat- ing a stockyard or a slaughter or packing house. "Farmer" does not include any person in respect to the business of taking, cultivating, or raising timber. "Gross income of the business" means the value pro- ceeding or accruing by reason of the business activity engaged in and includes gross proceeds of sales, com- pensation for the rendition of services, gains realized from trading in stocks, bonds, or other evidences of indebtedness, interest, discounts, rents, royalties, fees, commissions, dividends, and other emoluments how- ever designated, all without any deduction on account of the cost of tangible property sold, the cost of materials used, labor costs, interest, discounts, delivery costs, taxes, or any other expense whatsoever paid or accrued and without any deduction on account of losses. "Gross proceeds of sales" means the value proceeding or accruing from the sale of tangible personal property or for services rendered, without any deduction on account of the cost of property sold, the cost of materials used, labor costs, interest, discounts paid, delivery costs, taxes, or any other expense whatsoever paid or accrued and without any deduction on account of losses. "In this City" or "within this City" includes all fed- eral areas lying within the corporate City limits of the City. "Janitorial services" shall mean those cleaning and caretaking services ordinarily performed by commercial janitor service businesses including, but not limited to, wall and window washing, floor cleaning and waxing, and the cleaning in place of rugs, drapes and upholstery. The term does not include painting, papering, repairing, furnace or septic tank cleaning, snow removal, sand- blasting, or cleanup related to construction activities. "Manufacturer," "to manufacture." (1) "Manufacturer" means every person who, either directly or by contracting with others for the nec- essary labor or mechanical services, manufactures for sale or for commercial or industrial use from the per- son’s own materials or ingredients any products. When the owner of equipment or facilities furnishes, or sells to the customer prior to manufacture, materials or ingredi- ents equal to less than twenty (20) percent of the total value of all materials or ingredients that become a part of the finished product, the owner of the equipment or facilities will be deemed to be a processor for hire and not a manufacturer. A business not located in this City that is the owner of materials or ingredients processed for it in this City by a processor for hire shall be deemed to be engaged in business as a manufacturer in this City. (2) "To manufacture" means all activities of a commercial or industrial nature wherein labor or skill is applied, by hand or machinery, to materials or ingredi- ents so that as a result thereof a new, different or useful product is produced for sale or commercial or industrial use, and shall include: (a) The production of special-made or cus- tom-made articles; (b) The production of dental appliances, devices, restorations, substitutes, or other dental labora- tory products by a dental laboratory or dental technician; (c) Crushing and/or blending of rock, sand, stone, gravel, or ore; and (d) The producing of articles for sale, or for commercial or industrial use from raw materials or pre- pared materials by giving such materials, articles, and substances of trade or commerce new forms, qualities, properties or combinations including, but not limited to, such activities as making, fabricating, processing, refin- ing, mixing, slaughtering, packing, aging, curing, mild curing, preserving, canning, and the preparing and freezing of fresh fruits and vegetables. "To manufacture" shall not include the production of computer software if the computer software is deliv- ered from the seller to the purchaser by means other than tangible storage media, including the delivery by use of a tangible storage media where the tangible storage media is not physically transferred to the purchaser. "Manufacturing" means the activity conducted by a manufacturer and is reported under the manufacturing classification. "Newspaper," "magazine," "periodical." "Newspa- per" means a publication offered for sale regularly at stated intervals at least once a week and printed on newsprint in tabloid or broadsheet format folded loosely together without stapling, glue, or any other binding of any kind. "Magazine" or "periodical" means any printed publication, other than a newspaper, issued and offered for sale regularly at stated intervals at least once every three (3) months, including any supplement or special edition of the publication. Any publication meeting this definition qualifies regardless of its content. (Revised 6/08)3.48-6 "Nonprofit corporation or nonprofit organization" means a corporation or organization in which no part of the income can be distributed to its members, directors, or officers and that holds a current tax exempt status as provided under Section 501(c)(3) of the Internal Reve- nue Code, as hereafter amended, or is specifically exempted from the requirement to apply for its tax exempt status under Section 501(c)(3) of the Internal Revenue Code, as hereafter amended. Where the term "nonprofit organization" is used, it is meant to include a nonprofit corporation. "Office" or "place of business" means a fixed location or permanent facility where the regular business of the person is conducted and which is either owned by the person or over which the person exercises legal domin- ion and control. The regular business of the person is presumed conducted at a location: (1) Whose address the person uses as its business mailing address; (2) Containing a telephone line listed in a public telephone directory or other similar publication under the business name; (3) Where the person holds itself out to the general public as conducting its regular business through sig- nage or other means; and (4) Where the person is required to obtain any appropriate State and local business license or registra- tion unless they are exempted by law from such require- ment. A vehicle such as a pick-up, van, truck, boat or other motor vehicle is not an office or place of business. A post office box is not an office or place of business. If a person has an office or place of business, the person’s home is not an office or place of business unless it meets the criteria for office or place of business above. If a person has no office or place of business, the person’s home or apartment within the City will be deemed the place of business. "Person" means any individual, receiver, administra- tor, executor, assignee, trustee in bankruptcy, trust, estate, firm, co-partnership, joint venture, club, com- pany, joint stock company, business trust, municipal corporation, political subdivision of the State of Wash- ington, corporation, limited liability company, associa- tion, society, or any group of individuals acting as a unit, whether mutual, cooperative, fraternal, nonprofit, or otherwise and the United States or any instrumentality thereof. "Port District" means a port district as defined in Chapter 53.04 RCW. "Precious metal bullion," "monetized bullion." "Pre- cious metal bullion" means any precious metal which has been put through a process of smelting or refining, including, but not limited to, gold, silver, platinum, rhodium, and palladium, and which is in such state or condition that its value depends upon its contents and not upon its form. For purposes of this section, "mone- tized bullion" means coins or other forms of money manufactured from gold, silver, or other metals and heretofore, now, or hereafter used as a medium of exchange under the laws of this State, the United States, or any foreign nation, but does not include coins or money sold to be manufactured into jewelry or works of art. "Processing for hire" means the performance of labor and mechanical services upon materials or ingredients belonging to others so that as a result a new, different or useful product is produced for sale, or commercial or industrial use. A processor for hire is any person who would be a manufacturer if that person were performing the labor and mechanical services upon that person’s own materials or ingredients. If a person furnishes, or sells to the customer prior to manufacture, materials or ingredients equal to twenty (20) percent or more of the total value of all materials or ingredients that become a part of the finished product the person will be deemed to be a manufacturer and not a processor for hire. "Product," "by-product." "Product" means tangible personal property, including articles, substances, or commodities created, brought forth, extracted, or manu- factured by human or mechanical effort. "By-product" means any additional product, other than the principal or intended product, which results from extracting or man- ufacturing activities and which has a market value, with- out regard to whether or not such additional product was an expected or intended result of the extracting or man- ufacturing activities. "Reporting period" means: (1) A one (1) month period beginning the first day of each calendar month (monthly); or (2) A three (3) month period beginning the first day of January, April, July or October of each year (quarterly); or (3) A twelve (12) month period beginning the first day of January of each year (annual). "Retail service" shall include the sale of or charge made for personal, business, or professional services including amounts designated as interest, rents, fees, admission, and other service emoluments however des- ignated, received by persons engaging in the following business activities: (1) Amusement and recreation services including but not limited to golf, pool, billiards, skating, bowling, swimming, bungee jumping, ski lifts and tows, basket- ball, racquetball, handball, squash, tennis, batting cages, day trips for sightseeing purposes, and others, when pro- vided to consumers. Amusement and recreation services also include the provision of related facilities such as basketball courts, tennis courts, handball courts, swim- ming pools, and charges made for providing the oppor- tunity to dance. The term "amusement and recreation services" does not include instructional lessons to learn 3.48-7 (Revised 6/08) a particular activity such as tennis lessons, swimming lessons, or archery lessons; (2) Abstract, title insurance, and escrow services; (3) Credit bureau services; (4) Automobile parking and storage garage ser- vices; (5) Landscape maintenance and horticultural ser- vices but excluding (a) horticultural services provided to farmers and (b) pruning, trimming, repairing, removing, and clearing of trees and brush near electric transmis- sion or distribution lines or equipment, if performed by or at the direction of an electric utility; (6) Service charges associated with tickets to pro- fessional sporting events; (7) The following personal services: physical fit- ness services, tanning salon services, tattoo parlor ser- vices, steam bath services, Turkish bath services, escort services, and dating services; and (8) The term shall also include the renting or leas- ing of tangible personal property to consumers and the rental of equipment with an operator. "Retailing" means the activity of engaging in making sales at retail and is reported under the retailing classifi- cation. "Return" means any document a person is required by the City to file to satisfy or establish a tax or fee obliga- tion that is administered or collected by the City and that has a statutorily defined due date. "Royalties" means compensation for the use of intangi- ble property, such as copyrights, patents, licenses, fran- chises, trademarks, tradenames, and similar items. "Sale," "casual or isolated sale." (1) "Sale" means any transfer of the ownership of, title to, or possession of, property for a valuable consid- eration and includes any activity classified as a "sale at retail," "retail sale," or "retail service." It includes rent- ing or leasing, conditional sale contracts, leases with option to purchase, and any contract under which pos- session of the property is given to the purchaser but title is retained by the vendor as security for the payment of the purchase price. It also includes the furnishing of food, drink, or meals for compensation whether con- sumed upon the premises or not. (2) "Casual or isolated sale" means a sale made by a person who is not engaged in the business of selling the type of property involved on a routine or continuous basis. "Sale at retail," "retail sale." (1) "Sale at retail" or "retail sale" means every sale of tangible personal property (including articles pro- duced, fabricated, or imprinted) to all persons irrespec- tive of the nature of their business and including, among others, without limiting the scope hereof, persons who install, repair, clean, alter, improve, construct, or deco- rate real or personal property of or for consumers, other than a sale to a person who presents a resale certificate under RCW 82.04.470 and who: (a) Purchases for the purpose of resale as tan- gible personal property in the regular course of business without intervening use by such person; or (b) Installs, repairs, cleans, alters, imprints, improves, constructs, or decorates real or personal prop- erty of or for consumers, if such tangible personal prop- erty becomes an ingredient or component of such real or personal property without intervening use by such per- son; or (c) Purchases for the purpose of consuming the property purchased in producing for sale a new arti- cle of tangible personal property or substance, of which such property becomes an ingredient or component or is a chemical used in processing, when the primary pur- pose of such chemical is to create a chemical reaction directly through contact with an ingredient of a new arti- cle being produced for sale; or (d) Purchases for the purpose of consuming the property purchased in producing ferrosilicon which is subsequently used in producing magnesium for sale, if the primary purpose of such property is to create a chemical reaction directly through contact with an ingredient of ferrosilicon; or (e) Purchases for the purpose of providing the property to consumers as part of competitive telephone service, as defined in RCW 82.04.065. The term shall include every sale of tangible personal property which is used or consumed or to be used or consumed in the per- formance of any activity classified as a "sale at retail" or "retail sale" even though such property is resold or uti- lized as provided in subsection (1)(a), (b), (c), (d), or (e) of this definition following such use; or (f) Purchases for the purpose of satisfying the person’s obligations under an extended warranty as defined in subsection (8) of this definition, if such tangi- ble personal property replaces or becomes an ingredient or component of property covered by the extended war- ranty without intervening use by such person. (2) "Sale at retail" or "retail sale" also means every sale of tangible personal property to persons engaged in any business activity which is taxable under BMC 3.48.050(1)(g). (3) "Sale at retail" or "retail sale" shall include the sale of or charge made for tangible personal property consumed and/or for labor and services rendered in respect to the following: (a) The installing, repairing, cleaning, alter- ing, imprinting, or improving of tangible personal prop- erty of or for consumers, including charges made for the mere use of facilities in respect thereto, but excluding charges made for the use of coin-operated laundry facil- ities when such facilities are situated in an apartment house, rooming house, or mobile home park for the exclusive use of the tenants thereof, and also excluding (Revised 6/08)3.48-8 sales of laundry service to nonprofit health care facili- ties, and excluding services rendered in respect to live animals, birds and insects; (b) The constructing, repairing, decorating, or improving of new or existing buildings or other struc- tures under, upon, or above real property of or for con- sumers, including the installing or attaching of any article of tangible personal property therein or thereto, whether or not such personal property becomes a part of the realty by virtue of installation, and shall also include the sale of services or charges made for the clearing of land and the moving of earth excepting the mere level- ing of land used in commercial farming or agriculture; (c) The charge for labor and services rendered in respect to constructing, repairing, or improving any structure upon, above, or under any real property owned by an owner who conveys the property by title, posses- sion, or any other means to the person performing such construction, repair, or improvement for the purpose of performing such construction, repair, or improvement and the property is then reconveyed by title, possession, or any other means to the original owner; (d) The sale of or charge made for labor and services rendered in respect to the cleaning, fumigating, razing or moving of existing buildings or structures, but shall not include the charge made for janitorial services, which is taxed as a service in this chapter; (e) The sale of or charge made for labor and services rendered in respect to automobile towing and similar automotive transportation services, but not in respect to those required to report and pay taxes under Chapter 82.16 RCW; (f) The sale of and charge made for the fur- nishing of lodging and all other services, except tele- phone business and cable service, by a hotel, rooming house, tourist court, motel, trailer camp, and the grant- ing of any similar license to use real property, as distin- guished from the renting or leasing of real property, and it shall be presumed that the occupancy of real property for a continuous period of one (1) month or more consti- tutes a rental or lease of real property and not a mere license to use or enjoy the same. For the purposes of this subsection, it shall be presumed that the sale of and charge made for the furnishing of lodging for a continu- ous period of one (1) month or more to a person is a rental or lease of real property and not a mere license to enjoy the same; (g) The sale of or charge made for tangible personal property, labor and services to persons taxable under subsections (3)(a), (b), (c), (d), (e), and (f) of this definition when such sales or charges are for property, labor and services which are used or consumed in whole or in part by such persons in the performance of any activity defined as a "sale at retail" or "retail sale" even though such property, labor and services may be resold after such use or consumption. Nothing contained in this subsection shall be construed to modify subsection (1) of this definition and nothing contained in subsection (1) of this definition shall be construed to modify this sub- section. (4) "Sale at retail" or "retail sale" shall also include the providing of competitive telephone service to con- sumers. (5) "Sale at retail" or "retail sale" shall also include the sale of canned software other than a sale to a person who presents a resale certificate under RCW 82.04.470, regardless of the method of delivery to the end user, but shall not include custom software or the customization of canned software. (6) "Sale at retail" or "retail sale" shall also include the sale of or charge made for labor and services ren- dered in respect to the building, repairing, or improving of any street, place, road, highway, easement, right-of- way, mass public transportation terminal or parking facility, bridge, tunnel, or trestle which is owned by a municipal corporation or political subdivision of the State, the State of Washington, or by the United States and which is used or to be used primarily for foot or vehicular traffic including mass transportation vehicles of any kind (public road construction). (7) "Sale at retail" or "retail sale" shall also include the sale of or charge made for labor and services ren- dered in respect to the constructing, repairing, decorat- ing, or improving of new or existing buildings or other structures under, upon, or above real property of or for the United States, any instrumentality thereof, or a county or city housing authority created pursuant to Chapter 35.82 RCW, including the installing, or attach- ing of any article of tangible personal property therein or thereto, whether or not such personal property becomes a part of the realty by virtue of installation (government contracting). (8) "Sale at retail" or "retail sale" shall also include the sale of or charge made for an extended warranty to a consumer. For purposes of this subsection, "extended warranty" means an agreement for a specified duration to perform the replacement or repair of tangible personal property at no additional charge or a reduced charge for tangible personal property, labor, or both, or to provide indemnification for the replacement or repair of tangible personal property, based on the occurrence of specified events. The term "extended warranty" does not include an agreement, otherwise meeting the definition of extended warranty in this subsection, if no separate charge is made for the agreement and the value of the agreement is included in the sales price of the tangible personal property covered by the agreement. (9) "Sale at retail" or "retail sale" shall not include the sale of services or charges made for the clearing of land and the moving of earth of or for the United States, any instrumentality thereof, or a county or city housing authority. Nor shall the term include the sale of services 3.48-9 (Revised 6/08) or charges made for cleaning up for the United States, or its instrumentalities, radioactive waste and other by- products of weapons production and nuclear research and development. (This is reported under the service or other classification.) (10)"Sale at retail" or "retail sale" shall not include the sale of or charge made for labor and services ren- dered for environmental remedial action. (This is reported under the service and other classification.) "Sale at wholesale" or "wholesale sale" means any sale of tangible personal property which is not a retail sale, and any charge made for labor and services ren- dered for persons who are not consumers, in respect to real or personal property, if such charge is expressly defined as a retail sale when rendered to or for consum- ers. "Sale at wholesale" also includes the sale of tele- phone business to another telecommunications company as defined in RCW 80.04.010 for the purpose of resale, as contemplated by RCW 35.21.715. "Services" means any business activity other than or in addition to those defined in this section. "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" means any person to whom a taxpayer quitting, selling out, exchanging, or disposing of a busi- ness sells or otherwise conveys, directly or indirectly, in bulk and not in the ordinary course of the taxpayer’s business, any part of the materials, supplies, merchan- dise, 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 per- son is a surety or guarantor. "Tax year" or "taxable year" means the calendar year. "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 chap- ter, or who engages in any business or who performs any act for which a tax or fee is imposed by this chapter. "Tuition fee" includes library, laboratory, health ser- vice and other special fees, and amounts charged for room and board by an educational institution when the property or service for which such charges are made is furnished exclusively to the students or faculty of such institution. "Educational institution," as used in this sec- tion, means only those institutions created or generally accredited as such by the State and includes educational programs that such educational institution cosponsors with a nonprofit 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 successfully completed through the educa- tional program, or an approved branch campus of a for- eign 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 accred- iting association recognized by the United States Secre- tary of Education, and offering to students an educational program of a general academic 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 agriculture, but not including specialty schools, business colleges, other trade schools, or similar institutions. (Revised 6/08)3.48-10 "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 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" means the consider- ation, whether money, credits, rights, or other property expressed in terms of money, a person is entitled to receive or which is actually 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 tax- payer. "Wholesaling" means engaging in the activity of mak- ing sales at wholesale, and is reported under the whole- saling classification. (Ord. 5044 §1, 2008: Ord. 5028 §1 (part), 2007: 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 3.48-15 (Revised 6/08) (c) Other Allocation Methods. If the alloca- tion and apportionment provisions of this subsection do not fairly represent the extent of the taxpayer’s business activity in the city or cities in which the taxpayer does business, the taxpayer may petition for or the tax admin- istrators may jointly require, in respect to all or any part of the taxpayer’s business activity, that one (1) of the following methods be used jointly by the cities to allo- cate or apportion gross income, if reasonable: (i) Separate accounting; (ii) The use of a single factor; (iii) The inclusion of one (1) or more addi- tional factors that will fairly represent the taxpayer’s business activity in the City; or (iv) The employment of any other method to effectuate an equitable allocation and apportionment of the taxpayer’s income. (4) Definitions. The definitions in this subsection apply throughout this section. (a) "Apportionable income" means the gross income of the business taxable under the service classi- fications of a city’s gross receipts tax, including income received from activities outside the City if the income would be taxable under the service classification if received from activities within the City, less any exemp- tions or deductions available. (b) "Compensation" means wages, salaries, commissions, and any other form of remuneration paid to individuals for personal services that are or would be included in the individual’s gross income under the fed- eral Internal Revenue Code. (c) "Individual" means any individual who, under the usual common law rules applicable in deter- mining the employer-employee relationship, has the sta- tus of an employee of that taxpayer. (d) "Customer location" means the city or unincorporated area of a county where the majority of the contacts between the taxpayer and the customer take place. (e) "Primarily assigned" means the business location of the taxpayer where the individual performs his or her duties. (f) "Service-taxable income" or "service income" means gross income of the business subject to tax under either the service or royalty classification. (g) "Tax period" means the calendar year dur- ing which tax liability is accrued. If taxes are reported by a taxpayer on a basis more frequent than once per year, taxpayers shall calculate the factors for the previ- ous calendar year for reporting in the current calendar year and correct the reporting for the previous year when the factors are calculated for that year, but not later than the end of the first quarter of the following year. (h) "Taxable in the customer location" means either that a taxpayer is subject to a gross receipts tax in the customer location for the privilege of doing busi- ness, or that the government where the customer is located has the authority to subject the taxpayer to gross receipts tax regardless of whether, in fact, the govern- ment does so. (5) Assignment or apportionment of revenue under this section shall be made in accordance with and in full compliance with the provisions of the interstate commerce clause of the United States Constitution where applicable. (Ord. 5028 §1 (part), 2007) 3.48.078 ALLOCATION AND APPORTIONMENT OF PRINTING AND PUBLISHING INCOME WHEN ACTIVITIES TAKE PLACE IN MORE THAN ONE (1) JURISDICTION. Notwithstanding RCW 35.102.130, effective Janu- ary 1, 2008, gross income from the activities of printing, and of publishing newspapers, periodicals, or maga- zines, shall be allocated to the principal place in this State from which the taxpayer’s business is directed or managed. As used in this section, the activities of print- ing, and of publishing newspapers, periodicals, or mag- azines, have the same meanings as attributed to those terms in RCW 82.04.280(1) by the Department of Rev- enue. (Ord. 5028 §1 (part), 2007) 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- (Revised 6/08)3.48-16 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 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. 3.48-17 (Revised 6/08) (19)Port District Business Activity. For the pur- pose of the tax imposed by BMC 3.48.050(1)(a) through (g), persons engaged in business on Port District owned property located within and zoned by the City with an industrial classification (“Port Property”) shall be treated in the same manner as if the Port Property were located in unincorporated Kitsap County and therefore exempt from the tax; however, the apportionment and allocation, place of delivery and the appropriate tax pro- visions of this chapter shall apply for business activity occurring off the Port Property but within the City, also in the same manner as if the Port Property were located in unincorporated Kitsap County. (20)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. 5044 §2, 2008: Ord. 5028 §1 (part), 2007: 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 plan. For purposes of this subsection, "employee benefit plan" includes the military benefits program authorized in 10 U.S.C. Section 1071 et seq., as amended, or amounts payable pursuant thereto. (2) Interest on Investments or Loans Secured by Mortgages or Deeds of Trust. In computing tax, there may be deducted from the measure of tax by those engaged in banking, loan, security or other financial businesses, amounts derived from interest received on investments or loans primarily secured by first mort- gages or trust deeds on nontransient residential proper- ties. (3) Interest on Obligations of the State, Its Political Subdivisions, and Municipal Corporations. In comput- ing tax, there may be deducted from the measure of tax by those engaged in banking, loan, security or other financial businesses, amounts derived from interest paid on all obligations of the State of Washington, its politi- cal subdivisions, and municipal corporations organized pursuant to the laws thereof. (4) Interest on Loans to Farmers and Ranchers, Producers or Harvesters of Aquatic Products, or Their Cooperatives. In computing tax, there may be deducted from the measure of tax amounts derived as interest on loans to bona fide farmers and ranchers, producers or harvesters of aquatic products, or their cooperatives by a lending institution which is owned exclusively by its borrowers or members and which is engaged solely in the business of making loans and providing finance- related services to bona fide farmers and ranchers, pro- ducers or harvesters of aquatic products, their coopera- tives, rural residents for housing, or persons engaged in furnishing farm-related or aquatic-related services to these individuals or entities. (5) Receipts from Tangible Personal Property Delivered Outside the State. In computing tax, there may be deducted from the measure of tax under retailing or wholesaling amounts derived from the sale of tangi- ble personal property that is delivered by the seller to the buyer or the buyer’s representative at a location outside the State of Washington. (6) Cash Discount Taken by Purchaser. In comput- ing tax, there may be deducted from the measure of tax the cash discount amounts actually taken by the pur- chaser. This deduction is not allowed in arriving at the taxable amount under the extracting or manufacturing classifications with respect to articles produced or man- ufactured, the reported values of which, for the purposes of this tax, have been computed according to the "value of product" provisions. (7) Credit Losses of Accrual Basis Taxpayers. In computing tax, there may be deducted from the measure of tax the amount of credit losses actually sustained by taxpayers whose regular books of account are kept upon an accrual basis. (8) Repair, Maintenance, Replacement, Etc., of Residential Structures and Commonly Held Property - Eligible Organizations. (a) In computing tax, there may be deducted from the measure of tax amounts used solely for repair, maintenance, replacement, management, or improve- ment of the residential structures and commonly held property, but excluding property where fees or charges are made for use by the public who are not guests accompanied by a member, which are derived by: (i) A cooperative housing association, corporation, or partnership from a person who resides in a structure owned by the cooperative housing associa- tion, corporation, or partnership; (ii) An association of owners of property as defined in RCW 64.32.010, as now or hereafter (Revised 6/08)3.48-18 amended, from a person who is an apartment owner as defined in RCW 64.32.010; or (iii) An association of owners of residen- tial property from a person who is a member of the asso- ciation. "Association of owners of residential property" means any organization of all the owners of residential property in a defined area who all hold the same prop- erty in common within the area. (b) For the purposes of this subsection "com- monly held property" includes areas required for com- mon access such as reception areas, halls, stairways, parking, etc., and may include recreation rooms, swim- ming pools and small parks or recreation areas; but is not intended to include more grounds than are normally required in a residential area, or to include such exten- sive areas as required for golf courses, campgrounds, hiking and riding areas, boating areas, etc. (c) To qualify for the deductions under this subsection: (i) The salary or compensation paid to officers, managers, or employees must be only for actual services rendered and at levels comparable to the salary or compensation of like positions within the county wherein the property is located; (ii) Dues, fees, or assessments in excess of amounts needed for the purposes for which the deduction is allowed must be rebated to the members of the association; (iii) Assets of the association or organiza- tion must be distributable to all members and must not inure to the benefit of any single member or group of members. (9) Sales at Wholesale or Retail of Precious Metal Bullion and Monetized Bullion. In computing tax, there may be deducted from the measure of the tax amounts derived from the sale at wholesale or retail of precious metal bullion and monetized bullion. However, no deduction is allowed on amounts received as commis- sions upon transactions for the accounts of customers over and above the amount paid to other dealers associ- ated in such transactions, and no deduction or offset is allowed against such commissions on account of salaries or commissions paid to salesmen or other employees. (10)Amounts Representing Rental of Real Estate for Boarding Homes. In computing tax, there may be deducted from the measure of tax amounts representing the value of the rental of real estate for "boarding homes." To qualify for the deduction, the boarding home must meet the definition of "boarding home," and be licensed by the State of Washington under Chapter 18.20 RCW. The deduction shall be in the amount of twenty-five (25) percent of the gross monthly billing when the boarder has resided within the boarding home for longer than thirty (30) days. (11)Radio and Television Broadcasting - Advertis- ing Agency Fees - National, Regional, and Network Advertising - Interstate Allocations. In computing tax, there may be deducted from the measure of tax by radio and television broadcasters amounts representing the following: (a) Advertising agencies’ fees when such fees or allowances are shown as a discount or price reduction in the billing or that the billing is on a net basis, i.e., less the discount; (b) Actual gross receipts from national, net- work, and regional advertising or a "standard deduction" as provided by RCW 82.04.280; and (c) Local advertising revenue that represents advertising which is intended to reach potential custom- ers of the advertiser who are located outside the State of Washington. The Director may issue a rule that provides detailed guidance as to how these deductions are to be calculated. (12)Constitutional Prohibitions. In computing tax, there may be deducted from the measure of the tax amounts derived from business which the City is prohib- ited from taxing under the Constitution of the State of Washington or the Constitution of the United States. (13)Receipts from the Sale of Tangible Personal Property and Retail Service Delivered Outside the City but Within Washington. Effective January 1, 2008, amounts included in the gross receipts reported on the tax return derived from the sale of tangible personal property and retail service delivered to the buyer or the buyer’s representative outside the City but within the State of Washington may be deducted from the measure of tax under the retailing, retail services, or wholesaling classification. (14)Professional Employer Services. In computing the tax, a professional employer organization may deduct from the calculation of gross income the gross income of the business derived from performing profes- sional employer services that is equal to the portion of the fee charged to a client that represents the actual cost of wages and salaries, benefits, workers’ compensation, payroll taxes, withholding, or other assessments paid to or on behalf of a covered employee by the professional employer organization under a professional employer agreement. (Ord. 5028 §1 (part), 2007: Ord. 4843, Added, 01/03/2003) 3.48.120 TAX PART OF OVERHEAD. It is not the intention of this chapter that the taxes or fees herein levied upon persons engaging in business be construed as taxes or fees upon the purchasers or cus- tomer, but that such taxes or fees shall be levied upon, and collectible from, the person engaging in the busi- ness activities herein designated and that such taxes or fees shall constitute a part of the cost of doing business of such persons. (Ord. 5028 §1 (part), 2007: Ord. 4843, Added, 01/03/2003) 3.48-19 (Revised 6/08) 3.48.125 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. 5028 §1 (part), 2007: Ord. 4843, Added, 01/03/2003) 3.48.130 SEVERABILITY CLAUSE. If any provision of this chapter or its application to any person or circumstance is held invalid, the remain- der of the chapter or the application of the provision to other persons or circumstances shall not be affected. (Ord. 5028 §1 (part), 2007: Ord. 4843, Added, 01/03/2003) 3.78-1 (Revised 6/08) 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 FOR 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 CONFLICT OF PROVISIONS. 3.78.010 PURPOSE. As provided for in Chapter 84.14 RCW, the pur- pose of this chapter is to provide limited exemptions from ad valorem property taxation for multifamily hous- ing in designated residential targeted areas to: (a) Encourage increased residential opportunities, including affordable housing units, within areas of the City designated by the City Council as residential tar- geted 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, includ- ing affordable housing; 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. 5036 §1 (part), 2007: 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) "Affordable housing" means residential hous- ing that is rented by a person or household whose monthly housing costs, including utilities other than telephone, do not exceed thirty (30) percent of the household’s monthly income. For the purposes of hous- ing intended for owner occupancy, "affordable housing" means residential housing that is within the means of low or moderate-income households. (b) "Building codes" means the City and State building and fire codes as set forth in Chapters 17.04, 18.02 and 18.03 BMC. (c) "City" means the City of Bremerton. (d) "Department" means the City Department of Community Development. (e) "Director" means the Director of the Depart- ment of Community Development, or designee. (f) "High-cost area" means a county where the third quarter median house price for the previous year as reported by the Washington Center for Real Estate Research at Washington State University is equal to or greater than one hundred thirty (130) percent of the statewide median house price published during the same time period. (g) "Household" means a single person, family, or unrelated persons living together. (h) "Low-income household" means a single per- son, family, or unrelated persons living together whose adjusted income is at or below eighty (80) percent of the median family income adjusted for family size, for the county where the project is located, as reported by the United States Department of Housing and Urban Devel- opment. For cities located in high-cost areas, "low- income household" means a household that has an income at or below one hundred (100) percent of the median family income, adjusted for family size, for the county where the project is located. (i) "Moderate-income household" means a single person, family, or unrelated persons living together whose adjusted income is more than eighty (80) percent but is at or below one hundred fifteen (115) percent of the median family income adjusted for family size, for the county where the project is located, as reported by the United States Department of Housing and Urban Development. For cities located in high-cost areas, "moderate-income household" means a household that has an income that is more than one hundred (100) per- cent, but at or below one hundred fifty (150) percent, of the median family income adjusted for family size, for the county where the project is located. (j) "Multifamily housing" means a building hav- ing ten (10) or more dwelling units not designed or used as transient accommodations and not including hotels and motels. Multifamily units may result from new con- struction or rehabilitated or conversion of vacant, underutilized, or substandard buildings to multifamily housing. (Revised 6/08)3.78-2 (k) "Multifamily property tax exemption" means an exemption from ad valorem property taxation for multifamily housing. (l) "Owner" means the property owner of record. (m) "Permanent residential occupancy" means multiunit housing that provides either rental or owner occupancy on a nontransient basis. This includes owner- occupied or rental accommodation that is leased for a period of at least one (1) month. This excludes hotels and motels that predominantly offer rental accommoda- tion on a daily or weekly basis. (n) "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. (o) "Residential targeted area" means the geo- graphic area located within the areas set forth in Figures 3.78(a) and 3.78(b). (p) "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. 5036 §1 (part), 2007: 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 exemption from ad valorem property taxation as set forth in this chapter. (Ord. 5036 §1 (part), 2007: Ord. 4968 §1 (part), 2006) 3.78.040 TERMS OF THE TAX EXEMPTION. (a) Duration of Exemption. The value of new housing construction, conversion, and rehabilitation improvements qualifying under this chapter is exempt from ad valorem property taxation, as follows: (1) For properties for which applications for certificates of tax exemption eligibility are submitted under this chapter before July 22, 2007, the value is exempt for ten (10) successive years beginning January 1st of the year immediately following the calendar year of issuance of the certificate; and (2) For properties for which applications for certificates of tax exemption eligibility are submitted under this chapter on or after July 22, 2007, the value is exempt: (i) For eight (8) successive years begin- ning January 1st of the year immediately following the calendar year of issuance of the certificate; or (ii) For twelve (12) successive years beginning January 1st of the year immediately follow- ing the calendar year of issuance of the certificate, if the property otherwise qualifies for the exemption under this chapter and meets the conditions in this subsection (a)(2)(ii). For the property to qualify for the twelve (12) year exemption under this subsection, the applicant must commit to renting or selling at least twenty (20) percent of the multifamily housing units as affordable housing units to low- and moderate-income households, and the property must satisfy that commitment and any additional affordability and income eligibility condi- tions adopted by the local government under this chap- ter. In the case of projects intended exclusively for owner occupancy, the minimum requirement of this subsection (a)(2)(ii) may be satisfied solely through housing affordable to moderate-income households. (b) Limits on Exemption. The exemption does not apply: (1) To the value of land or to the value of non- housing-related improvements not qualifying under this chapter. (2) In the case of rehabilitation of existing buildings, to the value of improvements constructed prior to submission of the completed application required under this chapter. (3) To increases in assessed valuation made by the Kitsap County Assessor on nonqualifying por- tions of building or other improvements 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 uni- formity of assessment or appraisal required by law. (c) Conclusion of Exemption. At the conclusion of the exemption period, the new or rehabilitated housing cost shall be considered as new construction for the pur- poses of Chapter 84.55 RCW. (Ord. 5036 §1 (part), 2007: 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 Figures 3.78(a) and 3.78(b). (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. 3.78-3 (Revised 6/08) (c) Noncompliance with Building Codes. Existing dwelling units proposed for rehabilitation must fail to comply with one or more standards of the applicable State or City 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. 5036 §1 (part), 2007: 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. 5036 §1 (part), 2007: Ord. 4968 §1 (part), 2006) 3.78.070 APPLICATION FOR 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) Application. The Director may approve the application 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 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. (5) If applicable, the proposed multiunit hous- ing project meets the affordable housing requirements as described in BMC 3.78.040. (b) Approval of Application. If an application is approved, the applicant shall enter into a contract with the City, regarding the terms and conditions of imple- mentation 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 chapter. (c) Denial of Application. If an application is denied, the Director shall state in writing the reasons for denial and shall send notice to the applicant at the appli- cant’s last known address within ten (10) calendar days of the denial. (d) Appeal. Per RCW 84.14.070, an applicant may appeal a denial to the City Council within thirty (30) cal- endar days of receipt of the denial by filing a complete appeal application and fee with the Director. The appeal before the City Council will be based on the record made before the Director. The Director’s decision will (Revised 6/08)3.78-4 be upheld unless the applicant can show that there is no substantial evidence on the record to support the Direc- tor’s decision. The City Council’s decision on appeal will be final. (Ord. 5036 §1 (part), 2007: 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 of Extension. 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. (c) Appeal. Pursuant to RCW 84.14.090(6), an applicant may appeal the denial of an extension to the Hearing Examiner pursuant to Chapter 2.13 BMC within fourteen (14) calendar days of receipt of the denial by filing a complete appeal application and fee with the Director. The appeal before the Hearing Exam- iner shall be processed as a Type I Director decision pur- suant to Chapter 20.02 BMC. No appeal to the City Council is provided from the Hearing Examiner’s deci- sion. 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) calendar days of receiving notice of that decision. (Ord. 5036 §1 (part), 2007: 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; (c) A statement that the work was completed within the required three (3) year period or any autho- rized extension; and (d) If applicable, that the project meets the afford- able housing requirements as described in RCW 84.14.020. (Ord. 5036 §1 (part), 2007: 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 of Final Certificate. 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 (3) The owner’s property is otherwise not qualified under this chapter. (c) Appeal. 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) cal- endar 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 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) calendar days of receiving notice of that decision. (Ord. 5036 §1 (part), 2007: 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 for the tax exemption 3.78-5 (Revised 6/08) period, 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 by the owner that the prop- erty has not changed use and, if applicable, that the property has been in compliance with the affordable housing requirements as described in RCW 84.14.020 since the date of the certificate approved by the City; (3) A description of changes or improvements constructed after issuance of the certificate of tax exemption; and (4) Any information needed by the City to file its report pursuant to subsection (b) of this section and any additional information requested by the City in regards to the units receiving a tax exemption. (b) The City shall report annually by December 31st of each year, beginning in 2007, to the Department of Community, Trade, and Economic Development. The report must include the following information: (1) The number of tax exemption certificates granted; (2) The total number and type of units pro- duced or to be produced; (3) The number and type of units produced or to be produced meeting affordable housing require- ments; (4) The actual development cost of each unit produced; (5) The total monthly rent or total sale amount of each unit produced; (6) The income of each renter household at the time of initial occupancy and the income of each ini- tial purchaser of owner-occupied units at the time of purchase for each of the units receiving a tax exemption and a summary of these figures for the City; and (7) The value of the tax exemption for each project receiving a tax exemption and the total value of tax exemptions granted. (c) City staff may also conduct on-site verification of the declaration. Failure to submit the annual declara- tion shall result in a review of the exemption per RCW 84.14.110. (Ord. 5036 §1 (part), 2007: 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 of Cancellation. 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. (c) Appeal. The property owner may appeal the determination of cancellation of the tax exemption to the Hearing Examiner pursuant to Chapter 2.13 BMC by fil- ing 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 Kitsap County Superior Court under RCW 34.05.510 through 34.05.598. (Ord. 5036 §1 (part), 2007: Ord. 4968 §1 (part), 2006) (Revised 6/08)3.78-6 3.78.130 CONFLICT OF PROVISIONS. If any provision of this chapter is in legal conflict with the provisions of Chapter 84.14 RCW, the provi- sions of Chapter 84.14 RCW shall apply as if set forth in this chapter. (Ord. 5036 §1 (part), 2007: Ord. 4968 §1 (part), 2006) 3.78-7 (Revised 6/08) (Revised 6/08)3.78-8 (Revised 6/08) Title 9 PEACE, SAFETY AND MORALS Chapters: 9.06 POLICE DOGS 9.08 UNAUTHORIZED AND JUNK VEHICLES 9.10 TOW TRUCK ROSTER 9.12 TOW TRUCK SERVICES 9.14 NUISANCE VEGETATION 9.16 PUBLIC NUISANCES 9.18 NO SMOKING SIGNS 9.20 PAWNBROKERS AND SECOND-HAND DEALERS 9.24 PROSTITUTION 9.29 NUDITY IN PUBLIC PLACES 9.32 UNAUTHORIZED CAMPING 9.34 HOTELS/MOTELS 9.37 UNFAIR HOUSING PRACTICES 9.39 SOLICITING 9.48 FIREWORKS 9.50 SOLVENT INHALATION 9.88 MARIJUANA 9.89 DRUG RELATED LOITERING 9.90 GRAFFITI 9.92 CHRONIC NUISANCE PROPERTIES 9.92-1 (Revised 6/08) Chapter 9.92 CHRONIC NUISANCE PROPERTIES Sections: 9.92.010 PURPOSE. 9.92.020 DEFINITIONS. 9.92.030 VIOLATION. 9.92.040 PROCEDURE. 9.92.050 COMMENCEMENT OF ACTION - ENFORCEMENT. 9.92.060 SUMMARY CLOSURE. 9.92.070 SEVERABILITY. 9.92.010 PURPOSE. (a) Chronic nuisance properties present grave health, safety and welfare concerns, where the persons responsible for such properties have failed to take cor- rective action to abate the nuisance condition. Chronic nuisance properties have a tremendous negative impact upon the quality of life, safety and health of the neigh- borhoods where they are located. This chapter is enacted to remedy nuisance activities that are particularly dis- ruptive to quality of life and repeatedly occur or exist at properties by providing a process for abatement. This remedy is not an exclusive remedy available under any state or local laws and may be used in conjunction with such other laws. (b) Also, chronic nuisance properties are a finan- cial burden to the city by the repeated calls for service to the properties because of the nuisance activities that repeatedly occur or exist on such property. This chapter is a means to ameliorate those conditions and hold accountable those persons responsible for such prop- erty. (Ord. 5039 §1 (part), 2008) 9.92.020 DEFINITIONS. For purposes of this chapter, the following words or phrases shall have the meaning prescribed below: (a) "Abate" means to repair, replace, remove, destroy, or otherwise remedy a condition which consti- tutes a violation of this chapter by such means and in such a manner and to such an extent as the applicable City department director or designee(s) determines is necessary in the interest of the general health, safety and welfare of the community; (b) "Control" means the ability to regulate, restrain, dominate, counteract or govern property, or conduct that occurs on a property; (c) "Chronic nuisance property" means property on which any combination of three or more nuisance activities occur or exist during any sixty (60) day period; (d) "Drug-related activity" means any unlawful activity at a property which consists of the manufacture, delivery, sale, storage, possession, or giving away of any controlled substance as defined in Chapter 69.50 RCW, legend drug as defined in Chapter 69.41 RCW, or imitation controlled substances as defined in Chapter 69.52 RCW; (e) "Nuisance activity" means and includes: (1) Any nuisance as defined by State law or local ordinance occurring on, around or near a property, including but not limited to, violations of the following laws and regulations: (a) Chapter 9.08 BMC, Unauthorized and Junk Vehicles; (b) Fire code, BMC Title 18; (c) BMC Title 6, Health and Sanitation; (2) Any criminal conduct as defined by State law or local ordinance occurring on, around or near a property, including, but not limited to, the following activities or behaviors: (a) Stalking, BMC 9A.32.110; (b) Harassment, BMC 9A.32.050; (c) Failure to disperse, BMC 9A.44.030; (d) Disorderly conduct, BMC 9A.44.020; (e) Assault, BMC 9A.32.010; (f) Any domestic violence crimes, BMC 9A.32.070; (g) Reckless endangerment, BMC 9A.32.020; (h) Prostitution, BMC 9.24.020; (i) Patronizing a prostitute, BMC 9.24.040 (j) Public disturbance noises, BMC 6.32.120(a); (k) Lewd conduct, BMC 9A.44.070; (l) Any firearms/dangerous weapons violations, BMC 9A.24.010 through BMC 9A.24.220; (m) Drug-related loitering, BMC 9.89.010; (n) Any dangerous animal violations, BMC 7.12.040; (o) Any drug-related activity; (3) For purposes of this chapter, "nuisance activity" shall not include conduct where the person responsible is the victim of a crime and had no control over the criminal act; (f) "Person responsible for property" or "person responsible" means, unless otherwise defined, any per- son who has titled ownership of the property or structure which is subject to this chapter, an occupant in control of the property or structure which is subject to this chap- ter, a developer, builder, or business operator or owner who is developing, building, or operating a business on the property or in a structure which is subject to this chapter and/or any person who has control over the (Revised 6/08)9.92-2 property and allows a violation of this chapter to con- tinue; (g) "Person" means natural person, joint venture, partnership, association, club, company, corporation, business trust, organization, or the manager, lessee, agent, officer or employee of any of them; (h) "Premises and property" may be used by this chapter interchangeably and means any public or private building, lot, parcel, dwelling, rental unit, real estate or land or portion thereof including property used as resi- dential or commercial property; (i) "Rental unit" means any structure or that part of a structure, including but not limited to single-family home, room or apartment, which is rented to another and used as a home, residence, or sleeping place by one or more persons. (Ord. 5039 §1 (part), 2008) 9.92.030 VIOLATION. (a) Any property within the City of Bremerton which is a chronic nuisance property is in violation of this chapter and subject to its remedies; and (b) Any person responsible for property who per- mits property to be a chronic nuisance property shall be in violation of this chapter and subject to its remedies. (Ord. 5039 §1 (part), 2008) 9.92.040 PROCEDURE. (a) When the Chief of Police, or his/her desig- nee(s), receives documentation confirming the occur- rence of three or more nuisance activities within a sixty (60) day period on any property, the Chief of Police, or his/her designee(s), may review such documentation to determine whether it describes the nuisance activities enumerated in BMC 9.92.020. Upon such a finding, the Chief of Police, or his/her designee(s), shall warn the person responsible for such property, in writing, that the property is in danger of being declared a chronic nui- sance property. (b) The warning shall contain: (1) The street address or a legal description sufficient for identification of the property; (2) A concise description of the nuisance activities that exist, or that have occurred on the prop- erty; (3) A demand that the person responsible for such property respond to the Chief of Police or his/her designee(s) within ten (10) days of service of the notice to discuss the nuisance activities and create a plan to abate the chronic nuisance; (4) Offer the person responsible an opportu- nity to abate the nuisance activities giving rise to the violation; and (5) A statement describing that if legal action is sought, the property could be subject to closure and civil penalties and/or costs assessed up to one hundred dollars ($100.00) per day if the property is declared a chronic nuisance property. (c) The Chief of Police or his/her designee(s) shall serve or cause to be served such warning upon the per- son responsible in accordance with the procedures set forth in BMC 1.04.040(e) and (f). (d) If the person responsible fails to respond to the warning within the time prescribed, the Chief of Police, or his/her designee(s) shall issue a notice declaring the property to be a chronic nuisance property and post such notice at the property and issue the person responsible a civil infraction, punishable by a maximum penalty of one thousand dollars ($1,000). If the person responsible fails to respond to the issued infraction and/or continues to violate the provisions of this chapter, the matter shall be referred to the Office of the City Attorney for further action. (e) If the person responsible responds as required by the notice and agrees to abate the nuisance activity, the Chief of Police, or his/her designee(s), and the per- son responsible, may work out an agreed upon course of action which would abate the nuisance activity. If an agreed course of action does not result in the abatement of the nuisance activities or if no agreement concerning abatement is reached, the matter shall be forwarded to the Office of the City Attorney for enforcement action. Provided, that in the event the Chief of Police or his/her designee(s) or the City Attorney determines that the per- son responsible has taken reasonable steps to abate the nuisance activity, the City Attorney shall not commence an enforcement action under this chapter, notwithstand- ing the continuance of the nuisance activity. (f) It is a defense to an action for chronic nuisance property that the person responsible, at all material times, could not, in the exercise of reasonable care or diligence, determine that the property had become a chronic nuisance property, or could not, in spite of the exercise of reasonable care and diligence, control the conduct leading to the determination that the property is chronic nuisance property. (Ord. 5039 §1 (part), 2008) 9.92.050 COMMENCEMENT OF ACTION - ENFORCEMENT. (a) Once the matter is referred to the City Attor- ney, the City Attorney shall immediately review and make a determination to initiate legal action authorized under this chapter or State statute, or may seek alterna- tive forms of abatement of the nuisance activity. The City Attorney may initiate legal action on the chronic nuisance property and seek civil penalties and costs in superior court for the abatement of the nuisance. (b) In determining whether a property shall be deemed a chronic nuisance property and subject to the court’s jurisdiction, the City shall have the initial burden of proof to show by a preponderance of the evidence that the property is a chronic nuisance property. The City 9.92-3 (Revised 6/08) may submit official police reports and other affidavits outlining the information that led to arrest(s), and other chronic nuisance activity occurring or existing at the property. The failure to prosecute an individual, or the fact no one has been convicted of a crime is not a defense to a chronic nuisance action. (c) Once a superior court determines the property to be a chronic nuisance under this chapter the court may impose a civil penalty against any or all of the persons responsible for the property, and may order any other relief deemed appropriate. A civil penalty may be assessed for up to one hundred dollars ($100.00) per day for each day the nuisance activity continues to occur fol- lowing the date of the original warning by the Chief of Police, or his/her designee(s), as described in BMC 9.92.040. In assessing the civil penalty, the court may consider the following factors, citing to those found applicable: (1) The actions taken by the person responsi- ble to mitigate or correct the nuisance activity; (2) The repeated or continuous nature of the nuisance activity; (3) The statements of the neighbors or those affected by the nuisance activity; and (4) Any other factor deemed relevant by the court. (d) The superior court which determined the prop- erty to be a chronic nuisance property shall also assess costs against the person responsible in the amount it costs the City to abate, or attempt to abate, the nuisance activity. (e) If the superior court determines the property to be a chronic nuisance property, the superior court shall order the property closed and secured against all unau- thorized access, use and occupancy for a period up to one year, and may impose a civil penalty and costs. (f) Once a determination has been made by the superior court that the chronic nuisance property shall be subject to closure the court may authorize the City to physically secure the premises and initiate such closure. Costs for such closure shall be submitted to the Court for review. Any civil penalty and/or costs awarded to the City may be filed with the City Treasurer who shall cause the same to be filed as a lien on the property with the County Treasurer. The City shall file a formal lis pendens notice when an action for abatement is filed in the superior court. (g) The superior court shall retain jurisdiction dur- ing any period of closure or abatement of the property. (h) Bremerton Municipal Court is to have jurisdic- tion of all civil infractions issued pursuant to this chap- ter. (Ord. 5039 §1 (part), 2008) 9.92.060 SUMMARY CLOSURE. Nothing in this chapter prohibits the City from tak- ing any emergency action for the summary closure of such property when it is necessary to avoid an immedi- ate threat to public welfare and safety. The City may take summary action to close the property without com- plying with the notification provisions of BMC 9.92.040, but shall provide such notice as is reasonable under the circumstances. (Ord. 5039 §1 (part), 2008) 9.92.070 SEVERABILITY. If any portion of this chapter, or its application to any person or circumstances, is held invalid, the validity of the chapter as a whole, or any other portion thereof, or the application of the provision to other persons or circumstances is not affected. (Ord. 5039 §1 (part), 2008) (Revised 6/08) Title 13 PARKS AND RECREATION Chapters: 13.04 PARK CODE 13.08 RECREATIONAL VESSELS ON KITSAP LAKE 13.10 MUNICIPAL TREES 13.12 PARKS PROTECTION 13.15 PARKS AND RECREATION COMMISSION 13.08-1 (Revised 6/08) Chapter 13.08 RECREATIONAL VESSELS ON KITSAP LAKE Sections: 13.08.010 DEFINITIONS. 13.08.020 MANNER OF OPERATION. 13.08.030 VIOLATIONS. 13.08.040 NOISE CONTROL/EXHAUST. 13.08.050 SIZE LIMITATION. 13.08.060 SAFETY RULES AND REGULATIONS BY REFERENCE. 13.08.070 SCUBA DIVING. 13.08.080 DUTY TO OBEY LAW ENFORCEMENT OFFICER. 13.08.090 REPORTING OF ACCIDENTS. 13.08.100 REGATTAS, RACES OR AQUATIC EVENTS - APPLICATIONS. 13.08.010 DEFINITIONS. As used in this chapter the following terms shall have the meaning ascribed to them by this section: (a) "Vessel" means any contrivance, other than aircraft, used or capable of being used as a means of transportation or recreation on water, including model craft, powered by an internal or external engine and per- sonal watercraft. However, it does not include inner tubes, air mattresses, sailboards, and small rafts and floatation devices or toys customarily used by swim- mers. (b) “Personal watercraft” means a watercraft of less than sixteen (16) feet that uses a motor powering a water jet pump as its primary source of motive power and that is designed to be operated by a person sitting, standing, or kneeling on, or being towed behind the watercraft, rather than in the conventional manner of sit- ting or standing inside the watercraft. (c) "Sunrise/sunset" shall be defined as that pre- scribed for sunrise/sunset in Kitsap County by the Director of the Nautical Almanac at the United States Observatory at Washington, D.C. (d) "Aquatic event" or "regatta" means any orga- nized water event of limited duration which is sanc- tioned by duly constituted authority and which is conducted according to a prearranged schedule and in which general public interest is manifested. (e) "Diver’s flag" means a flag that is nationally recognized as being a diver’s flag. (f) "Scuba diving" shall mean that an individual utilizes a self-contained underwater breathing apparatus while swimming underwater. (g) "Water ski" means all forms, manners, means or contrivances of person or persons being towed behind a vessel. (h) "Buoy" means a float, colored, moored in such a manner as to designate a definite channel or guide for navigation. Said "buoy" to be of sufficient size to be readily seen from a minimum distance of one hundred (100) yards from a moving vessel. (Ord. 5041 §1 (part), 2008: Ord. 4154 §l, 1988) 13.08.020 MANNER OF OPERATION. (a) It is unlawful to operate a vessel in a negligent manner or manipulate any vessel, water skis, surfboard, or similar device in a disorderly, grossly indifferent or negligent manner so as to endanger the life, limb or property of any person. (b) It is unlawful to operate a vessel for the towing of water skiers without the presence of another respon- sible person other than the operator of the vessel. Skiers shall be towed in a safe manner in a counter-clockwise rotation. (c) No person shall operate a vessel at a speed greater than is reasonable and proper under the condi- tions at the time and place of operation. In no case shall speeds exceed forty-five (45) miles per hour. (d) A no-wake zone shall be established along the perimeter of the lake and will be marked by buoys at a minimum two hundred (200) lineal feet from shore, unless reduced for safety considerations by the Parks Director. At the south end of the lake, buoys will be placed at a reasonable distance from vegetation at the discretion of the Parks Director. (e) It shall be unlawful to operate a vessel within the no-wake zone in any manner causing a wake; pro- vided, however, that this limitation shall not apply to vessel operators pulling water skiers for takeoff and landing at an angle no less than forty-five (45) degrees from the shoreline where executed with due care. These speed restrictions will not apply to emergency vessels, enforcement vessels, regattas, races, or aquatic events approved through the procedures set forth in this chap- ter. (f) It is unlawful for any person to operate any vessel or manipulate any water skis, surfboard, or simi- lar device while: (1) Having an eight-hundredths (0.08) percent or more by weight of alcohol content in their blood as shown by chemical analysis of their breath, blood, or other bodily substance made under RCW 79A.60.040, as now or hereafter amended; or (2) Being under the influence of or affected by intoxicating liquor or any drug; or (3) Being under the combined influence of or affected by intoxicating liquor and any drug. (Revised 6/08)13.08-2 A violation of this subsection shall be a misde- meanor punishable as provided in BMC 1.12.020. (g) It is unlawful for the owner of any vessel or any person having such vessel in his or her charge or control, to authorize or knowingly permit the same to be oper- ated by any person who is under the influence of intox- icating liquor or any drug. (h) It shall be unlawful for any person owning or in charge of a vessel to knowingly authorize the same to be operated by any person who, by reason of a physical or mental disability would be incapable of safely operating such vessel. (i) Vessels operating between sunset and 8:00 a.m. shall not operate in any manner causing a wake; provided, however, this limitation shall not apply to emergency vessels or enforcement vessels. These hours of operation shall be reviewed annu- ally by the Parks and Recreation Board and recom- mended amendments, if any, referred to the City Council. (j) Vessels must raise a ski observer flag after a person being towed by the vessel falls. (Ord. 5041 §1 (part), 2008: Ord. 4154 §1, 1988) 13.08.030 VIOLATIONS. Except as otherwise provided, violations of this chapter are civil infractions pursuant to BMC 1.12.020. (Ord. 5041 §1 (part), 2008) 13.08.040 NOISE CONTROL/EXHAUST. No vessel shall be operated upon Kitsap Lake unless it has an underwater exhaust system. These pro- visions shall not apply to vessels actually competing in an authorized race or regatta or authorized testing for that race or regatta. (Ord. 5041 §1 (part), 2008: Ord. 4154 §1, 1988. Formerly 13.08.030) 13.08.050 SIZE LIMITATION. The maximum allowable length for vessels upon Kitsap Lake shall be twenty-five (25) feet. Vessel mea- surement shall be from the tip of the bow to the stern of the vessel down the centerline but not including boomkins, swim ladders, outboard engines, outdrives, or other extremities. This provision shall not apply to vessels actually competing in an authorized race or regatta or authorized testing for that race or regatta. (Ord. 5041 §1 (part), 2008) 13.08.060 SAFETY RULES AND REGULATIONS BY REFERENCE. All vessels operated and used upon waters of the City of Bremerton shall, in all respects, conform to the requirements of Washington State law, including, but not limited to, Chapter 79A.060 RCW. (Ord. 5041 §1 (part), 2008: Ord. 4154 §1, 1988. Formerly 13.08.040) 13.08.070 SCUBA DIVING. Persons engaging in scuba diving shall mark the water areas where such operations are being conducted with "diver’s flags" of sufficient size so that they may be seen at a distance of not less than one hundred (100) yards under normal visibility conditions; provided, that where scuba diving operations are conducted between the hours of sunset and sunrise, artificially illuminated marker buoys shall be provided which are visible at a distance of not less than one hundred (100) yards under normal visibility conditions. Scuba diving shall not be conducted so as to unreasonably interfere with normal operation of vessels. (Ord. 5041 §1 (part), 2008: Ord. 4154 §1, 1988. Formerly 13.08.050) 13.08.080 DUTY TO OBEY LAW ENFORCEMENT OFFICER. (a) Any person operating a vessel requested or sig- naled to stop by a law enforcement officer has a duty to stop. The signal given by law enforcement may be hand, voice, emergency light or siren. (b) No person shall willfully fail or refuse to com- ply with any lawful order or direction of any duly autho- rized law enforcement officer. (c) Any person requested to identify himself to a law enforcement officer pursuant to an investigation of a violation of this chapter has a duty to identify himself, give his current address, and sign an acknowledgement of receipt of the notice of violation. (Ord. 5041 §1 (part), 2008: Ord. 4154 §1, 1988. Formerly 13.08.060) 13.08.090 REPORTING OF ACCIDENTS. Any person who operates a vessel and collides with the property of another, and causes damage of five hun- dred dollars ($500.00) or more, shall, within twenty- four (24) hours, report such collision to the Bremerton Police Department. Any person who operates a vessel and collides with any other vessel thereby causing any personal injury to a person other than himself or herself, shall immediately report the incident to the Bremerton Police Department. (Ord. 5041 §1 (part), 2008: Ord. 4154 §1, 1988. Formerly 13.08.070) 13.08.100 REGATTAS, RACES OR AQUATIC EVENTS - APPLICATIONS. Applications for regattas, races, or aquatic events shall be submitted under the conditions set forth in this section. (a) Submission of Application. An individual or organization planning to hold a regatta, race, or aquatic event which, by its nature, circumstance, or location may introduce extra or unusual hazards to the safety or life on the waters of Kitsap Lake shall submit an appli- cation to the City Clerk. (b) Applications shall be submitted on forms pro- vided by the City Clerk and shall be submitted no less 13.08-3 (Revised 6/08) than ninety (90) days prior to the start of said event and, in any case, not later than the first day of the month of May of the year of the event; provided, however, the City Council may waive this time requirement for a written application received prior to the effective date of the ordinance codified in this section, so long as a for- mal City application is submitted by June 15th and at least two (2) weeks prior to the event. Each application shall be accompanied by a permit of one hundred fifty dollars ($150.00) to be paid to the City Clerk along with the application. (c) The application shall include the following details: (1) The name and address of the sponsoring organization; (2) The name, address and telephone number of the person or persons in charge of the event; (3) Nature and purpose of the event; (4) Information as to general interests; (5) Estimated number and types of vessels participating; (6) Estimated number of spectator vessels; (7) Estimated number of persons, participants and all others; (8) Minimum number of vessels boats and persons being furnished by the sponsoring organization to patrol the event; (9) A time schedule and description of events; (10)A section of a chart or scale drawing showing the boundaries of the event, various water courses or parking areas and areas to be utilized by par- ticipants, officials and spectators; (11)A certificate of insurance showing that the applicant has obtained public liability and property damage insurance for the payment of all damages which may be caused either to person or persons, or to prop- erty, by reason of said event and to ensure that the requirements for markers, rescue equipment, or other safety conditions stated in the application finally approved as actually provided. The insurance policy required pursuant to this sec- tion shall name the City as an additional insured and the City shall be notified by the insurer at least twenty (20) days prior to any cancellation of the insurance. The insurance policy shall also contain a standard form cross-liability endorsement. Such insurance shall con- tain a minimum coverage of five hundred thousand dol- lars ($500,000) per occurrence; provided, however, that in the event the applicant desires to have a hydroplane race, the minimum coverage shall be one million dollars ($1,000,000) per occurrence. (d) A one thousand dollar ($1,000) performance bond, or one thousand dollars ($1,000) cash deposit, shall be posted by the applicant to ensure that the afore- mentioned conditions of the application and permit are followed by the applicant. Following the conclusion of the event said one thousand dollar ($1,000) performance bond, or cash deposit, shall be refunded if all conditions have been performed to the satisfaction of the City. (e) Upon receiving an application to hold a regatta, race or aquatic event, the City Clerk’s office shall for- ward the application to the Police Department, Fire Department, Risk Manager, and the Parks Department. (f) The Fire Department will make the following determinations, in writing, and send said determinations to the Parks Department Superintendent. (1) Whether the proposed regatta, race or aquatic event may be held on Kitsap Lake safely or whether the interest of safety of life or property requires changes in the application before it can be approved; (2) The extent of paramedic services shall be determined by the Fire Chief; (3) Whether rescue boats are needed and, if so, the number of required rescue boats; provided, how- ever, that at least two rescue boats positioned as deter- mined by the Fire Chief shall be required for hydroplane races. The equipment, boats and manpower for these rescue boats shall comply with all applicable State and Federal laws, and shall be provided by the applicant; provided, that the applicant will allow Bremerton police and fire personnel to ride in the boats as directed by the Fire Chief. The rescue boats shall be equipped with fire protection equipment determined necessary by the Fire Chief. (g) The police department will make the following determinations and will send such determinations to the Parks Department in writing: (1) Whether the proposed regatta, race or aquatic event may be held on Kitsap Lake safely or whether the interest of safety of life or property requires changes in the application before it can be approved. (2) Whether closure of the lake or a portion thereof is warranted and steps needed to be taken by the applicant in the way of buoys or shore barriers to protect the public; provided, that the Parks Department will be responsible for posting the closure or partial closure of the lake at least thirty (30) days prior to the designated event and for notifying the F.A.A. of the lake’s closure. (3) The amount of law enforcement and man- power supplied by the applicant needed to enforce clo- sure or partial closure of the lake, to include required traffic control in the immediate area of Kitsap Lake. (h) The Risk Manager shall determine whether the insurance provided by the applicant is adequate and will send such determination, in writing, to the Parks Depart- ment. (i) The Parks Department shall communicate the requirements imposed by the Fire, Police, Parks Depart- (Revised 6/08)13.08-4 ment, and Risk Manager to the applicant and shall add these requirements to the application. (j) If the application meets the requirements of this chapter, the Parks Director, or his or her designee, is authorized to grant the application and issue a permit. (k) If the permit is granted subject to the condi- tions set forth in this section, the Fire, Police or Parks Department may revoke the permit in the name of the City if, at any time, the applicant, sponsor, or participant in such event violates any of the conditions contained in the application. (Ord. 5041 §1 (part), 2008: Ord. 4154 §1, 1988. Formerly 13.08.080) 15.06-1 (Revised 6/08) 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. 5051 §1 (Exh. A), 2008; Ord. 5030 §1 (Exh. A), 2007; Ord. 5026 §2 (Exh. A), 2007; 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 6/08)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-A3 (Revised 6/08) RETAIL WATER SERVICE RATES (Continued) Temporary/Construction Meter 1" Meter Deposit $150.00 $150.00 Base Fee (per month) $11.37 $17.06 Setup Fee $106.00 $106.00 Hydrant Meter (3" Meter) Deposit $1,000.00 $1,000.00 Base Fee (per month) $41.19 $61.79 Setup Fee $106.00 $106.00 Equipment Loss/Damage Actual Time & Materials 150% of Actual Time & Materials Commodity Charge (per HCF) $1.17 $1.76 City Parks and Recreation Department - Irrigation Commodity Charge (per HCF) $0.59 Appendix A ASSESSMENTS, RATES, FEES, AND CHARGES EFFECTIVE JANUARY 1, 2008 Within Outside City Limits City Limits (Revised 6/08)15.06-A4 RETAIL WASTEWATER SERVICE RATES Monthly Service Charge Single-Family Base Charge (per account) $29.55 $33.98 Commodity Charge (per HCF) $3.96 $4.55 Duplex on 1 Meter or 2 Buildings on 1 Meter Base Charge (per unit) $23.40 $26.91 Commodity Charge (per HCF) $3.96 $4.55 Multifamily Base Charge (per unit) $23.40 $26.91 Commodity Charge (per HCF) $3.96 $4.55 Commercial I Base Charge (per account) $43.68 $50.23 Commodity Charge (per HCF) $4.08 $4.69 Commercial II Base Charge (per account) $42.93 $51.09 Commodity Charge (per HCF) $6.39 $7.35 Commercial III Base Charge (per account) $44.00 $50.60 Commodity Charge (per HCF) $5.23 $6.01 Low-Income Senior and Low-Income Disabled Citizen Base Charge (per account) $18.33 $21.08 Commodity Charge (per HCF) 0 - 5 HCF/Month No Charge No Charge Over 5 HCF/Month $3.96 $4.55 Septage Disposal (per gallon of tank capacity) $0.22 $0.22 (leachate per gallon of tank capacity) $0.10 $0.10 Appendix A ASSESSMENTS, RATES, FEES, AND CHARGES EFFECTIVE JANUARY 1, 2008 Within Outside City Limits City Limits (Revised 6/08) 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 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) 20.88 MARINE INDUSTRIAL (MI) * 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 6/08) 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 20.42-7 (Revised 6/08) Bremerton Municipal Code 20.42.040 age), or length of the property line of a flag lot that most closely parallels the street it most directly relates to. "Garage" means an attached or detached enclosed accessory structure intended primarily for the storage of private vehicles such as automobiles, light trucks or rec- reational vehicles. "Gas station" means a land use involving the retail sale of gasoline or other motor vehicle fuel or oil. Gas stations include self-service and full-service operations. "Grade" means the lowest point of elevation of the finished surface of the ground, paving or sidewalk within the area between the building and the property line. When the property line is more than five (5) feet from the building, grade is the lowest point of elevation of the finished surface between the building and a line five (5) feet from the building. For structures built over water, "grade" shall mean the elevation of the ordinary high water mark. For the purposes of signs, "grade" is the level of the ground surface immediately below a sign or proposed sign location, and where slope is involved 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 (Revised 6/08)20.42-8 20.42.040 is operated in accordance with the home occupation standards of this code. "Homeowners’ association" means an association of homeowners that has responsibility for commonly owned property within its residential development and which enforces covenants and restrictions on commonly owned areas or private property. "Hospital" means a licensed institution providing primary health care services and medical or surgical care to persons, primarily inpatients, suffering from physical or mental conditions, and which may include related facilities as an integral part of the institution. "Hotel" and "lodging place" means an establish- ment that offers transient lodging accommodations to the general public, and which may provide such related services such as restaurants, meeting rooms, gift shops, beauty shops and recreational facilities. "Household" means all persons, regardless of age, sex, or family relationships, that reside as a single unit in a dwelling intended for single household occupancy. Such group quarter facilities as dormitories, boarding 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 critical area, as defined per BMC 20.14.200, com- prises 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. 20.42-13 (Revised 6/08) Bremerton Municipal Code 20.42.040 "Structure, principal" means a structure containing one or more principal uses, as permitted by the zone in which the property is located. "Structure, temporary" means a structure which does not have, nor is it required by the International Building Code to have, a permanent attachment to the ground but is subject to building permits. "Support structure" means any existing or proposed building, utility pole, or tower capable of supporting a wireless telecommunications antenna. Support struc- tures include, but are not limited to, existing buildings, water towers, and utility poles and/or towers. "Temporary sign" means a sign that is not perma- nently affixed, and which is intended for short-term use, such as to advertise a specific activity such as a special promotion, sale, or fund-raising event, but not including political or election signs. For the purposes of this code, temporary signs are those displayed for between seven (7) and sixty (60) days. "Tower" means any structure that is designed and constructed primarily for the purpose of supporting one (1) or more antennas, including but not limited to self- supporting lattice towers, guy towers or monopole tow- ers. (1) "Type I tower" means a tower up to, but not exceeding, sixty (60) feet in height. (2) "Type II tower" means a tower greater than sixty (60) feet in height. "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. (Revised 6/08)20.42-14 20.42.040 "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. 5046 §2, 2008; Ord. 5008 §3 (part), 2007; Ord. 4977 §5, 2006; Ord. 4971 §4 (part), 2006; Ord. 4950 §8 (Exh. A) (part), 2005) 20.48-3 (Revised 6/08) Bremerton Municipal Code 20.48.080 (h) Required Parking Spaces. The number of off- street parking spaces shall be provided in accordance with the use and the following corresponding standards, except as modified per BMC 20.48.050: (Ord. 4950 §8 (Exh. A) (part), 2005) 20.48.080 NONRESIDENTIAL PARKING DEVELOPMENT STANDARDS. The following provisions apply to off-street park- ing spaces for all nonresidential developments and park- ing lots: (a) Surface. Driveways and areas used for loading, parking and maneuvering motorized vehicles shall have a paved surface. (b) Side and Rear Yard Setbacks. Parking spaces shall be set back a minimum of five (5) feet from the side and rear lot lines unless adjacent to the low density residential zone in which case a minimum of ten (10) feet of visual screening is required pursuant to BMC 20.50.050. Projects which are not adjacent to low den- sity residential may reduce setbacks to zero (0) if the fol- lowing are incorporated into the design of the parking area: (1) A solid fence or wall is provided; and (2) Landscaped islands at least forty-five (45) square feet of area are provided in a manner that breaks up parking spaces adjacent to the lot line into groups of not more than six (6) spaces each. (c) Front Yard Setbacks. Parking spaces shall be set back a minimum of ten (10) feet from the front lot line. (d) Parking Setbacks in Structures. When parking is incorporated within a structure, the parking shall com- ply with the setbacks of the zone applicable to the struc- ture. (e) Stall and Aisle Requirements. Parking facili- ties for required parking shall meet the minimum stall and aisle dimensions set forth in Figure 20.48(a). (f) Modifications to Parking Stall Requirements. The standards set forth in subsection (e) of this section may be modified to allow for a vehicle overhang of up to two and one-half (2.5) feet, provided: (1) Wheel stops are attached to the ground or pavement if curbs are not provided; (2) The vehicle overhang would not extend beyond the lot line or into front yard setback areas; (3) Walkways maintain a minimum three (3) foot wide (four (4) feet for handicap access routes) unimpeded passage for pedestrian passage beyond the two and one-half (2.5) foot overhang. (g) Driveways. The width of nonresidential drive- ways shall be based on the location, intended usage, and other factors and shall be in accordance with State and City engineering standards. (h) Internal Parking Lot Design. Parking facilities shall incorporate the following features to provide safe and efficient circulation for vehicles and pedestrians: (1) Standard traffic control signs and devices to direct traffic; (2) Signs, crosswalks, raised pedestrian walk- ways and night lighting to provide for safe pedestrian movement; (3) Landscaped islands, raised curbs, and striping to define parking lot entrances, end of parking aisles and the patterns of internal circulation; and (4) Overall design coordination and adher- ence to all applicable design standards. (i) Landscaping. Landscaping shall be provided in accordance with the requirements prescribed in Chapter 20.50 BMC. (j) Lighting. Parking areas shall be lighted for the safety of pedestrians and vehicle circulation on the site in the following manner: (1) Lights are hooded or beamed so that there is no undesirable glare directed onto any adjacent streets or property; and Type of Use Number of Bedrooms Minimum Number of Parking Spaces (1) ADU See BMC 20.46.010 (2) Single-unit residential All 2.0 per dwelling (3) Two-unit residential All 2.0 per dwelling (4) Multi-unit residential 1 or less 1.5 per dwelling (5) Multi-unit residential 2 1.75 per dwelling (6) Multi-unit residential 3 or more 2.0 per dwelling (7) Group residential facility, Class I 2.0 plus 1.0 for each bedroom beyond the first 4 plus 1.0 for each 300 square feet of gross floor area used for counselingGroup residential home Adult family home (Revised 6/08)20.48-4 20.48.080 (2) Lighting shall be designed adequately to illuminate the parking area while preventing the direct illumination of adjacent properties. (k) Signage and Striping. Directional signs and pavement markings shall be used to control vehicular movement within parking areas and to mark spaces. (1) The locations of parking spaces shall be clearly indicated by curb markings, wheel stops, bol- lards, or other means. (2) Incidental signs within parking lots shall be limited to two (2) square feet in size. (3) No signs other than those indicating entrances, exits, name of the lot or the establishment to which the lot is accessory, conditions of use, or identifi- cation of disabled parking spaces shall be erected. (4) Signage for handicap spaces shall comply with the requirements prescribed in RCW 70.92.120. (m) Required Parking Spaces. The number of off- street parking spaces shall be provided in accordance with the use and following corresponding standards except as modified per BMC 20.48.050: Category of Land Use Minimum Number of Parking Spaces BUSINESS/COMMERCIAL: (1) Barber shop/beauty salon 1 per 75 sq. ft. gross floor area (g.f.a.) (2) Bank/financial 1 per 350 sq. ft. g.f.a. (3) Laundry (self-service) 1 per 4 washing machines, with a minimum of 5 required (4) Office 1 per 300 sq. ft. g.f.a (5) Retail store less than 15,000 sq. ft. 1 per 300 sq. ft. g.f.a. (6) Retail store 15,000 sq. ft. or larger 1 per 250 sq. ft. g.f.a (7) Personal service shop (tanning, shoe repair, dry cleaner) 1 per 250 sq. ft. g.f.a., with a minimum of 2 required (8) Plumbing, heating, electrical and building supplies 1 per 600 sq. ft. g.f.a. (9) Convenience market/food store (retail)/market and supermarket 1 per 250 sq. ft. g.f.a., with a minimum of 6 required (10) Shopping center* 4.0 per 1,000 square feet of leaseable g.f.a * A shopping center is a contiguous collection of retail businesses under one ownership or common management located in a building or set of buildings. EATING/DRINKING ESTABLISHMENTS: (1) Restaurant/cocktail lounge/tavern less than 4,000 sq. ft. 1 per 150 sq. ft. g.f.a. (2) Restaurant/cocktail lounge/tavern 4,000 sq. ft. or greater 20 plus 1 per 100 sq. ft. g.f.a. greater than 4,000 sq. ft. ENTERTAINMENT: (1) Bowling alley 5 per lane (2) Club, lodge 1 per 4 fixed seats, plus 1 per 50 sq. ft. gross floor area of assembly area without fixed seating (3) Dance hall 1 per 100 sq. ft. g.f.a. (4) Pool hall 1 per 100 sq. ft. g.f.a. (5) Theater 1 per 4 fixed seats (6) Video game arcade 15 per 1,000 sq. ft. g.f.a. INDUSTRIAL: (1) Industrial establishment/research and development 1 per 600 sq. ft. g.f.a. (2) Mini-warehouse 1 per 3,000 sq. ft. g.f.a., plus 1 loading space per 10,000 sq. ft. g.f.a., plus 1 per 300 sq. ft. g.f.a. for office area 20.48-5 (Revised 6/08) Bremerton Municipal Code 20.48.080 (3) Wholesale establishment/warehouse, trucking and freight terminal 1 per 2,000 sq. ft. g.f.a. up to 20,000 sq. ft., (3 space minimum), plus 1 per 2,500 sq. ft. g.f.a. 20,001 to 100,000 sq. ft. (10 space minimum), plus 1 per 3,000 sq. ft. greater than 100,000 sq. ft. (40 spaces minimum) LODGING: (1) Bed and breakfast 1 per guest room plus 1 for the resident household (2) Hotel 1 per 2 guest rooms, plus 1 per 200 sq. ft. g.f.a. of common areas (3) Motel 1 per 2 guest rooms, plus 1 per 200 sq. ft. g.f.a. of common area plus 1 for manager (4) Travel trailer park/tourist court 1 per trailer site, plus 1 per 10 sites located in a secure storage area, plus 1 per 5 sites for guest parking, plus other parking for office or community buildings MEDICAL/DENTAL: (1) Medical/dental office 1 per 150 sq. ft. g.f.a (2) Hospital/medical centers 1.8 per overnight bed based on state license (3) Nursing home/health institution/convalescent home 1 per 600 sq. ft. g.f.a. (4) Veterinarian/animal hospital 1 per 200 sq. ft. g.f.a. RECREATIONAL: (1) Health club/figure salon/physical fitness center 10 per 1,000 sq. ft. g.f.a (2) Parks/playground Based on anticipated parking demand (3) Racquet/handball 2 per each court (4) Swimming facility 5, plus 1 per 75 sq. ft. of gross surface water area PUBLIC: (1) Library/museum 1 per 400 sq. ft. g.f.a. (2) Places of assembly (arenas, churches, auditoriums, stadiums, sports arenas, etc.) 1 per 4 fixed seats (20 inches of a bench or pew = 1 seat), plus 1 per 50 sq. ft. g.f.a. of assembly without seats EDUCATIONAL: (1) Nursery school/day care 1 per 5 children, plus 2 loading/unloading spaces (12 or fewer children are exempt from the loading/unloading) (2) School, business and trade 6 per classroom, and/or 1 per 200 sq. ft. g.f.a of administrative office, and/or teaching lab or shop (3) School, college or university 2 per 1,000 sq. ft. g.f.a. used for academics, plus 1 per each 4 student rooming units, plus additional space as required for nonacademics (4) School, K through 9th grade 2 per classroom, plus 1 per 200 sq. ft. g.f.a of administrative office (5) School, 10th through 12th grade 1 per each 10 students for which building is designed, plus 1 per classroom, plus 1 per 200 sq. ft. g.f.a of administrative office AUTOMOBILE: (1) Automobile service 1 per 200 sq. ft. g.f.a., plus 1 per service bay (bay itself is not a space), with a minimum of 5 required Category of Land Use (Continued) Minimum Number of Parking Spaces (Revised 6/08)20.48-6 20.48.100 (Ord. 5046 §3, 2008; Ord. 4950 §8 (Exh. A) (part), 2005) 20.48.100 PARKING REDUCTION. Modifications to the requirements of this chapter may be granted for the following: (a) Designated Land Use Centers. If a change of use occurs pursuant to BMC 20.48.020(b) on a property within a center zone designation, as categorized in Fig- ure 20.40(a), which results in a significant increase in the parking requirement, the Director may reduce the minimum number of required parking spaces by up to ten (10), provided: (1) Sites containing multiple buildings and/or uses shall have the reduction applied to the entire site and not to individual uses; (2) The number of existing off-street parking spaces is not reduced. (b) Master Development Zone. Approval of a mas- ter development zone pursuant to Chapter 20.80 BMC. (c) Group Residential Facility - Class I, Adult Family Home, and Group Residential Home. The Direc- tor may authorize a reduction in the number of required parking spaces for a group residential facility - Class I, adult family home, or group residential home if there is a clear indication that the requirements of this chapter are excessive due to such factors as the resident's ability to drive, age, or mental or physical abilities and disabil- ities. (d) Senior Housing Complex. Parking require- ments may be reduced for a senior housing complex approved pursuant to BMC 20.46.090. (e) Manufactured Home Park Requirements. Park- ing requirements for a manufactured home park are pre- scribed in the approval criteria for a conditional use permit. (Ord. 4950 §8 (Exh. A) (part), 2005) 20.48.120 UNLISTED USES. Land uses not specifically listed in BMC 20.48.060(h) and 20.48.080(m) shall have their off- street parking requirements determined in the following manner: (a) A comparison is made of the unlisted use to a listed use and the Director determines that the parking demand between the two uses is similar; or (b) If a comparison cannot be made, the Director may determine the number of required spaces based on anticipated parking demand, which in no case shall be less than one (1) parking space per five hundred (500) square feet of gross floor area. (Ord. 4950 §8 (Exh. A) (part), 2005) 20.48.140 HANDICAP ACCESSIBLE PARKING. Where parking is provided, accessible parking spaces shall be provided that complies with the require- ments in Chapter 17.04 BMC, City Building Code (IBC (2) Motor vehicle/vessel sales lots 1 per 3,000 square feet of retail indoor or outdoor sales area in addition to parking requirements for the building or structure (3) Motorcycle/small engine repair 1 per 400 sq. ft. g.f.a. (4) Shop/store for sales and service of machinery 1 per 600 sq. ft. g.f.a. OTHERS: (1) Garden nursery 1 per 400 sq. ft. g.f.a of retail area, plus 1 per 500 sq. ft. g.f.a of building and outside display area (wholesale) (2) Marina and moorage facility 1 per 600 sq. ft. g.f.a. (3) Mortuary/funeral home 1 per 75 sq. ft. of assembly area (4) Uncovered storage area 1 per 2,000 sq. ft., plus 1 per each vehicle anticipated to be parked overnight on a regular basis, plus 1 per 300 sq. ft. g.f.a. for office Category of Land Use (Continued) Minimum Number of Parking Spaces 20.50-1 (Revised 6/08) Bremerton Municipal Code 20.50.040 Chapter 20.50 LANDSCAPING 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. 5046 §4 (part), 2008: Ord. 4950 §8 (Exh. A) (part), 2005) 20.50.020 APPLICABILITY. All new development, including expansion of exist- ing structures and/or uses, shall be subject to the require- ments of this chapter. (Ord. 5046 §4 (part), 2008: 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. (c) Parking lots with less than thirty (30) spaces, are exempt from internal landscaping requirements if they provide at least a five (5) foot width of landscaping across the frontage and along at least one (1) other prop- erty line. (Ord. 5046 §4 (part), 2008: 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 otherwise required by BMC 20.50.050(c). 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) Visual Screening. When any nonresidential development, as defined by the International Building Code (which includes three (3) or more units), is pro- posed on a site that is adjoining the low density residen- tial (R-10) zone, visual screening shall be provided 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 Type I visual screening along the site facing the trail or open space per the performance standards out- lined in BMC 20.50.050(b); (e) Undeveloped Areas. Undeveloped portions of property not devoted to landscaping shall remain with existing vegetation, including significant trees, as pro- vided for in BMC 20.50.050(c), but excluding plants that can be classified as noxious weeds or as invasive species; (f) 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; (g) Guarantee. All landscaping shall be completed prior to the issuance of a certificate of occupancy (CO), except that in lieu of installing required landscaping, a performance assurance device may be provided prior to the issuance of a CO. The purpose of such a requirement is to ensure that a landscape plan is carried out when required by this chapter. The following conditions apply: (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; (Revised 6/08)20.50-2 20.50.050 (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; (h) Maintenance Required. All plant material shall be maintained in a healthy growing condition free of weeds, trash or debris through the life and use of the development. Dead, damaged, diseased, or missing plant material shall be replanted or replaced as neces- sary to comply with the approved landscaping plan and the requirements of the chapter. Maintenance standards and assurances must be provided in the landscape plan as described in BMC 20.50.060. (Ord. 5046 §4 (part), 2008: Ord. 4950 §8 (Exh. A) (part), 2005) 20.50.050 PERFORMANCE STANDARDS. Required landscaping shall be provided in the fol- lowing manner: (a) General landscaping is intended to provide visual separation between compatible uses and to soften the appearance of parking lots and building facades. All required setback areas, parking lots, and interior land- scaping areas shall comply with the following: (1) Street trees are required, 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; (2) Planting shall include a mix of trees, shrubs, ground covers, turf grasses or combination thereof; non-living materials shall not exceed twenty (20) percent of the landscaped area within two (2) years of planting; (3) Each separate landscaped area shall be a minimum of fifty (50) square feet and shall include at least one (1) tree in combination with shrubs, ground cover, or other landscape materials; (4) Bioswales and permeable pedestrian access ways connecting landscaped areas are encour- aged and are included in the calculation of required landscaping square footage; (5) Interior landscaping shall be dispersed as equally as possible throughout the site particularly in parking areas; (6) 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; (7) For every twenty (20) parking stalls one (1) tree shall be installed within a landscaped area; and (8) Landscaped areas shall consist of no more than fifty (50) percent deciduous species. (b) Visual screening is intended to function as a year-round full visual barrier between incompatible uses. Visual screening is required for all commercial projects adjacent to the low density residential zone. Visual screening is required as follows: (1) Type I. Required along the property line(s) of all nonresidential development proposed on a site that is adjoining the low density residential (R-10) zone. For purposes of this subsection, nonresidential development is as defined in the International Building Code (which includes three (3) or more dwelling units) and not spe- cifically identified in subsection (b)(2) of this section. A Type I visual screen shall include the following: (i) A landscaped area of at least ten (10) feet wide; (ii) A mix of evergreen and deciduous trees, no more than twenty (20) feet apart on center. Deciduous trees up to twenty-five (25) percent of the tree requirement are encouraged to add seasonal and textural variation; (iii) Shrubs shall be planted between the trees to provide an effective visual barrier. Shrubs may be spaced irregularly in natural groupings rather than uniformly spaced, however grouped shrubs should be no more than five (5) feet apart from each other; and (iv) A sight-obscuring fence, wall, earthen berm or combination thereof is required adja- cent to parking areas to ensure headlights do not project into residential properties. Measures shall be taken to ensure quality in the visual character of the wall or fence on the side facing the residential lot. (2) Type II. Required for all large retail, motion picture theatres, junk yards, heavy indus- trial/manufacturing, stadiums, and sports complexes proposed on a site that is adjoining the low density resi- dential (R-10) zone. Type II screening shall be provided along all property lines that adjoin the low density resi- dential (R-10) zone. A Type II visual screen shall include the following: (i) Landscaped area of at least twenty (20) feet in width; (ii) A double row of evergreen trees spaced no more than fifteen (15) feet apart on center (rows shall be offset and spacing triangulated); existing mature healthy trees on site are encouraged to be retained; (iii) Shrubs shall be planted to enhance the visual barrier. Shrubs may be spaced irregularly in nat- 20.50-3 (Revised 6/08) Bremerton Municipal Code 20.50.050 ural groupings rather than uniformly spaced; however, grouped shrubs should be no more than five (5) feet apart from each other; and (iv) A sight-obscuring fence, wall, earthen berm or combination thereof is required adja- cent to parking areas to ensure headlights do not project into residential properties. Measures shall be taken to ensure quality in the visual character of the wall or fence on the side facing the residential lot. (c) Centers. Intended to soften the streetscape and sidewalk areas in a dense urban environment. Projects within the NCC, DCC, BC, DC or DW zone must com- ply with the provisions set forth in adopted subarea plans, the provisions of this chapter, and the following: (1) Street trees shall be provided within the front yard setback or in the sidewalk along any facade facing a major arterial. Trees shall be spaced no less than three (3) trees per one hundred (100) linear feet of frontage. Trees placed in the sidewalk should be pro- vided with street grates at the sidewalk level providing a continuous walking surface to within six (6) inches of the tree base. Where existing areaways or vaults prevent this form of planting, trees shall be planted in planters equipped with irrigation. All trees shall be of a species which allows pruning of lower branches in a manner necessary to keep the sidewalk clear of obstruction to a height of at least eight (8) feet. Trees shall have a mini- mum caliper of two and one-half (2-1/2) inches at the time of planting; (2) Surface parking lots, if they abut public sidewalks, shall provide a perimeter landscaping strip containing a combination of trees (with no fewer than three (3) trees per one hundred (100) linear feet of front- age) and shrubs. Masonry walls no lower than fifteen (15) inches nor higher than thirty (30) inches may be substituted for shrubs; and (3) For parking lots containing more than twenty (20) stalls, at least fifteen (15) percent of the interior area shall be planted with trees and shrubs. All trees shall have a minimum caliper of two and one-half (2-1/2) inches at the time of planting. Pedestrian walk- ways from adjacent sidewalks shall be provided. (d) Vegetation Preservation. The retention of existing and healthy trees and vegetation is important to help promote the utilization of natural systems, reduce the impacts of development on the storm drainage sys- tem and provide a better transition between various land uses within the City. The following provisions encour- age vegetation preservation as follows: (1) To the greatest extent possible existing healthy significant trees defined below shall be retained on site. Should a proposal include the removal of all or portions of a significant tree(s) a qualified arborcultural- ist or urban forester shall be retained by the applicant to inventory the tree(s) and make recommendations regarding the protection, retention, preservation or removal of the tree(s). A copy of the report and recom- mendations shall be submitted to the City as part of the application process. (2) Existing healthy trees and vegetation may substitute for newly required landscaping. Credit shall be granted tree for tree and area for area. In order to pro- mote the retention of existing significant trees during site development, each significant tree within the land- scaped area shall count as three (3) newly required trees. (3) Credit may be given by the Director at the time of site plan review for the preservation of signifi- cant tree(s) in exchange for the loss of a parking space. (4) Significant trees are defined as follows: (i) Evergreen Trees. Eight (8) inches in diameter or greater, measured four (4) feet above exist- ing grade; and (ii) Deciduous Trees. Twelve (12) inches in diameter or greater, measured four (4) feet above existing grade. (e) 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 maintained by the American Association of Nurserymen (AAN). Plant materials shall also be coor- dinated with utility company requirements to avoid con- flicts. Unless otherwise specified within this chapter all required landscaping shall at a minimum meet the fol- lowing size requirements: (f) Plant Type and Size. Plants shall be sized according to the following: (1) Standard deciduous trees: one and one- half (1-1/2) inch to two (2) inch caliper. (2) Small ornamental and flowering trees: one and one-half (1-1/2) inch to one and three-fourths (1- 3/4) inch caliper. (3) Evergreen trees: five (5) feet to six (6) feet in height. (4) Shrubs: minimum size one (1) gallon con- tainer. (5) Ground cover: minimum four (4) inch container. (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 (Revised 6/08)20.50-4 20.50.060 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) Clear-Vision Triangle. A clear-vision area shall be maintained at the intersections of streets, alleys and commercial driveways, or combinations thereof as determined by the City Engineer with the following requirements: (1) A clear-vision area shall contain no plant- ings, fences, walls, other structures, or visual obstruc- tions within a vertical area extending from three (3) feet to eight (8) feet above the ground, measured from the established centerline of the street, alley or driveway; (2) The foregoing provision shall not apply to: (i) A tree trimmed to the trunk within the three (3) to eight (8) foot clear area; (ii) Other plant species that are so planted and trimmed as to leave a clear and unobstructed cross- view in all seasons; (iii) A supporting member or appurte- nance to a permanent building lawfully existing on the site; (3) Where the maximum setback conflicts with the clear-vision triangle, relief from the maximum setback may be granted thorough a Type I Director deci- sion. (Ord. 5046 §4 (part), 2008: Ord. 5008 §6, 2007: Ord. 4971 §11, 2006; Ord. 4950 §8 (Exh. A) (part), 2005) 20.50.060 LANDSCAPING PLAN SUBMITTAL. A landscape plan shall accompany all land use applications, including permits for clearing, grading, and building. (a) A landscape plan shall be drawn to scale and shall indicate: (1) Project name, owner’s name, designer’s name, north arrow, date and scale; (2) Existing property lines, easements, rights- of-way, utilities, setbacks, trees, fences, and other screening and structures; (3) Existing and proposed grades of at least five (5) foot intervals; (4) Proposed plantings, identified by scien- tific or common name, and caliper, size, and minimum height of specimens to be planted. (b) A landscape plan shall provide assurances for the following: (1) Landscape areas consisting of drought- resistant vegetation will not require temporary or per- manent irrigation systems; (2) Areas where existing site conditions assure adequate soil moisture for growth within the required landscape area shall have temporary irrigation systems only as required to sustain new plantings; (3) Except for areas of undisturbed existing vegetation, all landscape areas that do not have high soil moisture conditions shall have temporary or permanent irrigation systems. Temporary systems may be removed after twenty-four (24) months or two (2) growing sea- sons, whichever occurs first; provided, that the plantings are established; (4) Permanent irrigation systems located within required landscape areas shall include the follow- ing features: (i) Moisture or precipitation sensors; (ii) Automatic timers set for operation to assure adequate moisture levels; (iii) Head-to-head spacing, if sprinkler heads are proposed; (iv) Pressure-regulating devices; (v) Backflow prevention devices; (vi) Separate irrigation zones for grass and planting beds; (vii)Other provisions applicable to State and City codes; (5) Irrigation water shall be applied with dem- onstrated consideration for avoiding runoff, low head drainage, overspray, or other similar conditions where water flows onto adjacent property, nonirrigated areas, and impervious surfaces; (6) All landscaping shall be maintained in healthy growing condition for the life of the project; (7) All plant material shall be managed by pruning so that plant growth does not conflict with pub- lic utilities, restrict pedestrian or vehicular access, or create a traffic hazard. (Ord. 5046 §4 (part), 2008: Ord. 4950 §8 (Exh. A) (part), 2005) 20.52-1 (Revised 6/08) Bremerton Municipal Code 20.52.040 Chapter 20.52 SIGN STANDARDS Sections: 20.52.010 INTENT. 20.52.020 APPLICABILITY. 20.52.030 SIGN PERMIT. 20.52.040 EXEMPT SIGNS. 20.52.050 PROHIBITED SIGNS. 20.52.060 SIGN MEASUREMENTS. 20.52.070 SIGN PLACEMENT REQUIREMENTS. 20.52.080 TEMPORARY SIGNS. 20.52.085 POLITICAL SIGNS. 20.52.090 GENERAL SIGN REGULATIONS. 20.52.100 COMMERCIAL DISTRICTS SIGN REGULATIONS. 20.52.110 AUTO DEALERSHIP SIGN REGULATIONS. 20.52.120 RESIDENTIAL DISTRICT SIGN REGULATIONS. 20.52.130 SPECIAL PURPOSE SIGN REGULATIONS. 20.52.140 DOWNTOWN AND CENTERS SIGN REGULATIONS. 20.52.150 VARIATIONS TO SIGN REGULATIONS. 20.52.160 DOWNTOWN ZONE SANDWICH BOARD SIGNS. 20.52.170 SANDWICH BOARD AND PORTABLE SIGNS - ALL ZONES. 20.52.180 NONCONFORMING SIGNS. 20.52.190 GOVERNMENT ACQUISITION OF PROPERTY FOR RIGHT- OF-WAY. 20.52.200 REMOVAL OF SIGNS. 20.52.010 INTENT. The intent of the sign requirements chapter is to rec- ognize the importance of signs in the community and establish regulations to protect the public from damage or injury attributable to distractions and obstructions caused by poorly designed or improperly located signs. These regulations are also intended, in part, to stabilize or enhance the overall appearance of the community, and to protect property values. This chapter is intended to regulate the number, size, placement and physical characteristics of signs and sign structures. These regu- lations are not intended to and do not restrict, limit or control the content of any sign message. (Ord. 4950 §8 (Exh. A) (part), 2005) 20.52.020 APPLICABILITY. These regulations shall apply in all zoning districts and may be subject to additional requirements of certain districts, or to state regulations. In cases of conflict, the most stringent requirement shall prevail. (Ord. 4950 §8 (Exh. A) (part), 2005) 20.52.030 SIGN PERMIT. (a) Permit Required. No sign shall be placed, erected, or displayed without first obtaining a sign per- mit unless exempt under BMC 20.52.040. (b) Removal of Nonconforming Signs. A property containing a nonconforming sign shall not be allowed a new or additional sign on the property until the noncon- forming sign is removed or brought into conformance with the requirements of this chapter and the underlying zone. (c) Permit Application. An application for a sign permit shall include the following: (1) Signature of the property owner or their designated agent; (2) Site plan drawn to scale showing existing buildings, streets, freestanding and building signs, util- ity poles, and other structures within fifty (50) feet of the proposed sign; (3) Elevation drawings of the structural details of the proposed sign including dimensions, height, illumination methods and structure supports; and (4) Landscaping plan showing planting mate- rials and patterns. (Ord. 4950 §8 (Exh. A) (part), 2005) 20.52.040 EXEMPT SIGNS. The following signs are exempt from the provisions of this chapter, but may be subject to other provisions of the zoning code or building code: (a) Traffic signs, signals, and other traffic control devices erected by the City or other public authority. (b) Public notices pertaining to public health or safety issues, or for notification of legal or legislative action erected by the City or other public authority, of a temporary nature. (c) Permanent plaques, cornerstones, nameplates, and other building identification marking attached to or carved into the building materials and which are integral parts of the structure. (d) Signs within buildings, provided they do not include moving, flashing or animated signs that are vis- ible from any private or public roadway, or from adja- cent properties. (e) Legal nonconforming signs. (f) Incidental signs intended for public informa- tion or convenience and which consist of no more than ten (10) square feet for a combination of such signs. These may include restroom signs, hours of operation (Revised 6/08)20.52-2 20.52.050 signs, address numbers, help wanted, credit card signs, and similar. (g) The American flag, state of Washington flag, and other political or special purpose flags that are not intended to contribute to a commercial advertising dis- play. (h) Wall graphics of an artistic nature and that do not conform to the definition of "sign." (i) Public information/identification approved through a conditional use permit process pursuant to BMC 20.58.020. (j) Real estate signs for sale of single-family dwelling units. (k) Temporary construction and on-site real estate development marketing signs, provided they are removed prior to occupancy approval of the building. (l) Political signs meeting the provisions in BMC 20.52.090. (Ord. 4950 §8 (Exh. A) (part), 2005) 20.52.050 PROHIBITED SIGNS. The following signs are prohibited within the City limits of Bremerton and shall be subject to removal through amortization or other means: (a) Strobe lights or any other flashing, moving or animated features that are visible beyond any property line. Readerboard or message center signs that change copy no more frequently than at two (2) second inter- vals, and time/temperature signs are exempt from this provision. (b) Pole signs in all zones except the freeway cor- ridor (FC) zone and the industrial (I) zone. (c) Private signs placed within a public right-of- way; except a projecting sign, may be permitted over a sidewalk if a clearance of at least eight (8) feet is main- tained between the sidewalk and the bottom of the sign. (d) Any sign that is determined by the City Engi- neer to be a hazard to public safety due to its design, materials, physical condition, or placement. (e) Signs painted, attached to, or otherwise sup- ported by rock formations, utility poles, trees or other plant materials. (f) Bench signs, when installed within the public right-of-way. When on private property, the size of a bench sign will be counted toward the total allowable sign area. (g) Portable signs within the public right-of-way except sandwich board signs per BMC 20.52.160 and 20.52.170. (h) Off-premises signs including billboards. (i) Product signs, other than those at a franchise business identifying the franchise product. (Ord. 4950 §8 (Exh. A) (part), 2005) 20.52.060 SIGN MEASUREMENTS. (a) The area of sign faces shall be measured as the area bounded by any six (6) straight lines intersecting at right angles, and shall include any surrounding frames or cabinet edges. (b) Sign area does not include supports, founda- tions or structures that are not part of the sign. (c) Only one (1) side of a double-faced sign is counted in the sign’s total area. (d) Multiple copy signs or shopping center signs consisting of several individual signs on the same sup- port structures are calculated as the total of all individual sign components. (e) A round or cylindrical sign is calculated as the maximum area that can be seen at one (1) time from one (1) position, or fifty (50) percent of the total area, which- ever is greater. (f) The height of a sign is measured from grade, as defined, to the highest point of the sign or its structure, whichever is higher. (g) Sign clearances are measured from grade directly below the sign to the bottom of the sign or sign frame. (h) Street corner signs (at an intersection) shall be assigned to one (1) of the frontages by the applicant and shall conform to the requirements of that frontage only. (i) Portable signs shall be calculated as part of the total freestanding sign area available to the site. (Ord. 4950 §8 (Exh. A) (part), 2005) 20.52.070 SIGN PLACEMENT REQUIREMENTS. (a) All signs, including supporting structures, shall be erected or placed totally within the boundaries of the site and not within any public right-of-way, except for the following: (1) Public authority and other traffic-related signs; (2) Temporary banner signs advertising a public event, which meet City approval; (3) Approved signs overhanging public walk- ways; and (4) Approved sandwich board signs per BMC 20.52.160 and 20.52.170. (b) A vision clearance setback shall be maintained of at least fifteen (15) feet from the edge of all private and public roadways, alleys and driveway intersections. (c) A vision clearance setback shall be maintained of at least ten (10) feet from the edge of existing or planned roadways. Signs may be allowed within the clear-vision setback if: (1) A pole sign is allowed by the zone; (2) The top of the sign is three (3) feet or less above the grade; (3) The bottom of the sign is eight (8) feet or greater above the grade; or 20.52-3 (Revised 6/08) Bremerton Municipal Code 20.52.100 (4) The posts and support structure have a diameter no greater than twelve (12) inches within this area. (d) A pedestrian clearance is required for any pro- jecting sign (8) feet above grade or sidewalk as mea- sured to the bottom of the sign. (e) A projecting sign may extend over a public right-of-way or public pedestrian walkway up to six (6) feet past the property line, but in no case shall the sign extend over a street or other area used by motor vehicles. (f) The setbacks for freestanding signs may be reduced to zero (0), provided the sign complies with the vision clearance requirements. (g) Freestanding signs shall not extend beyond property lines. (Ord. 5046 §5, 2008; Ord. 4950 §8 (Exh. A) (part), 2005) 20.52.080 TEMPORARY SIGNS. All temporary signs are subject to the placement, size, and height requirements of this chapter, and the requirements set forth in the underlying zone. Addition- ally, the following requirements shall apply: (a) The sign area of individual temporary signs shall not exceed thirty-two (32) square feet; except a banner may be permitted with a sign area of up to one hundred (100) square feet. (b) The maximum height of a temporary sign is six (6) feet, except a banner may be allowed a maximum height of twenty (20) feet. (c) Signs may be displayed for a period not to exceed sixty (60) days. Any time a temporary sign is removed by a business, it shall not be replaced by the same or other temporary sign for a period of not less than ninety (90) consecutive days. (d) Temporary signs meeting the following stan- dards are exempt from the requirements of BMC 20.52.030 and BMC 20.52.090 through 20.52.140: (1) The sign is displayed for a period of seven (7) days or less; (2) The area of the sign is twenty-four (24) square feet or less; and (3) The height of the sign is six (6) feet or less. (e) Temporary signs shall not be permanently attached to the ground, a building, or to any other struc- ture, other than what is necessary to secure it to prevent theft, wind damage or safety problems. (f) Advertising wind signs or devices that flutter, wave, sparkle, or otherwise move from the pressure of the wind are permitted for specific promotions or events but shall not be permanently displayed. (Ord. 4950 §8 (Exh. A) (part), 2005) 20.52.085 POLITICAL SIGNS. Political signs identify candidates or issues in upcoming elections and/or they may express noncom- mercial speech such as religious, political, social, or other philosophical messages. The content of such signs are not regulated, but are subject to the following requirements: (a) The sign area of political signs shall not exceed thirty-two (32) square feet. (b) The maximum height of a political sign shall be six (6) feet. (c) Political signs advertising a candidate or issue in an upcoming election shall be removed within four- teen (14) days after the general election. (d) Political signs that do not comply with the requirements of this section shall be subject to the per- mit requirements, sign area, setback and other provi- sions of this chapter. (Ord. 4950 §8 (Exh. A) (part), 2005) 20.52.090 GENERAL SIGN REGULATIONS. The following regulations apply to signs in all zone districts: (a) Vision Clearance. Signs shall conform to the clearance requirements of BMC 20.52.060. (b) Extension Above Rooftop. No sign that is attached to a building shall extend above the highest point of the roof, except that in the DC, DW, and BC zones, up to fifty (50) percent of the area of a wall sign that is integrated into an architectural facade design ele- ment to define the primary entry to the premises may project above the parapet of a flat roof; provided, that all components of the sign are only visible to public view on the primary entry side of the building. (c) Window Signs. Signs placed on the inside of windows and directed toward the outside of a building shall be included in the total sign area calculations. (d) Canopies and Awnings. Signs placed on pro- jecting canopies and awnings, whether lighted or not, shall be calculated only for the area of the canopy or awning taken up by the sign itself. (e) Landscaping. All freestanding signs shall have a landscaped island at the base of the sign equal to, or greater than, the sign area. (Ord. 4971 §12, 2006; Ord. 4950 §8 (Exh. A) (part), 2005) 20.52.100 COMMERCIAL DISTRICTS SIGN REGULATIONS. The following standards shall apply to signs placed on property zoned commercial: (a) Freestanding Signs. (1) Sign Area. Freestanding signs may have an aggregated area that shall not exceed one (1) square foot of area per each lineal foot of street frontage subject to the following: (i) Narrow Parcel. Any parcel having less than fifty (50) lineal feet of street frontage may have (Revised 6/08)20.52-4 20.52.110 one (1) freestanding sign not to exceed fifty (50) square feet. (ii) Wide Parcel. Any parcel having more than fifty (50) lineal feet of street frontage may have multiple freestanding signs, provided no single free- standing sign exceeds an area of one hundred (100) square feet. (2) Spacing. Freestanding signs located on the same parcel or site shall have a separation of at least fifty (50) feet. Additionally, a twenty-five (25) foot setback is required from adjacent property lines, except this may be modified by the Director where such factors as the width of the lot or the driveway access makes compli- ance impossible. (3) Maximum Height and Design. Freestand- ing signs shall comply with the height and design requirements set forth in Figure 20.52(a). (b) Building Signs. (1) Commercial Uses. The building sign stan- dards shall be in accordance with the following: (i) Sign Area. Signs attached to a build- ing may have an aggregated area that shall not exceed two (2) square feet for each one (1) lineal foot of build- ing facade width. (ii) Maximum Sign Size. A building sign attached individually shall not exceed one hundred (100) square feet in area, except it may exceed the max- imum if the total sign area is less than ten (10) percent of the total building facade area. (2) Industrial Uses. The building sign stan- dards for industrial uses and other uses not engaged in the sale of goods or services to the public shall be in accordance with the following: (i) Sign Area. The maximum aggregated area for all building signs attached to a single building shall be one hundred (100) square feet. (3) Number of Signs. There is no limit to the number of individual building signs, provided the max- imum aggregated sign area is not exceeded. (4) Illumination. Signs may be illuminated directly, indirectly, or internally, provided the lighting is directed away from other land uses, and away from on- coming traffic. (c) Shopping Center or Professional Complex. A shopping center, professional office complex, or similar large multiple-occupancy development may have an identification sign to a maximum size of three hundred (300) square feet placed along one (1) or more street frontages that are longer than three hundred (300) feet each, provided the sign is no closer than one hundred (100) feet from an adjacent property on the same side of the street and no other freestanding signs larger than fifty (50) square feet are placed on the subject property. (Ord. 4950 §8 (Exh. A) (part), 2005) 20.52.110 AUTO DEALERSHIP SIGN REGULATIONS. This section applies within the freeway commercial zone designation. (a) No provisions under this section shall be inter- preted to preclude other provisions of this chapter that are applicable to a given property or proposal. (b) In addition to the other standards prescribed in this chapter, a dealership group may erect one (1) auto- mobile dealership district sign subject to the following requirements: (1) A dealership group is two (2) or more franchises under common ownership; (2) The automobile dealership district sign shall be limited to identifying the dealership group and the brands of vehicles sold in the group; (3) The total area of the sign shall not exceed fifty (50) square feet for each dealer franchise in the group (example: a dealership group with two (2) dealer franchises would be allowed an automobile dealership district sign of up to one hundred (100) square feet); (4) The maximum total sign area in no case shall exceed one hundred fifty (150) square feet if the sign is a pole sign, or two hundred (200) square feet if it is a monument sign; (5) The square footage of the sign shall be deducted from the total aggregated signage allotted to the parcel on which the sign is placed; (6) The sign can only front on a City arterial street; (7) A master signage plan is required to be submitted prior to issuance of the sign permit showing the location and area of all signage of all the dealerships within the dealership group. (Ord. 4950 §8 (Exh. A) (part), 2005) 20.52.120 RESIDENTIAL DISTRICT SIGN REGULATIONS. The following regulations apply to properties in residential zones: (a) Freestanding Signs. (1) Entrance Signs. One (1) freestanding sign may be permitted at each street entrance to a neighbor- hood, subdivision, manufactured park, apartment/con- dominium complex, or other homogeneous residential area, provided: (i) The sign specifically identifies the development only; (ii) The sign area is fifty (50) square feet or less. (2) Multiple-Family Developments. A resi- dential development having four (4) or more dwelling units may have one (1) permanent freestanding sign per 20.52-7 (Revised 6/08) 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 6/08)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. 5046 §6, 2008; 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' 60 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' - Institutional (INST) Monument only 8' 60 sq. ft. 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. 20.62-1 (Revised 6/08) Bremerton Municipal Code 20.62.060 Chapter 20.62 COMMERCIAL CORRIDOR (CC) Sections: 20.62.010 INTENT. 20.62.020 PERMITTED USES. 20.62.040 CONDITIONAL USES. 20.62.060 DEVELOPMENT STANDARDS. 20.62.070 DESIGN STANDARDS. 20.62.080 PARKING REQUIREMENTS. 20.62.090 LANDSCAPING REQUIREMENTS. 20.62.100 SIGN STANDARDS. 20.62.010 INTENT. The intent of the commercial corridor (CC) district is to provide locations for high intensity commercial uses serving the entire community while preserving maritime views, forested areas, and buffering impacts to adjacent residential areas. The corridor accommodates access to businesses by automobile while also creating a pedestrian-friendly, transit-supporting corridor. (Ord. 4950 §8 (Exh. A) (part), 2005) 20.62.020 PERMITTED USES. The following uses are permitted outright: (a) The following uses, provided they do not exceed twenty thousand (20,000) square feet gross floor area: (1) Automobile service and repair excluding outdoor display areas for cars, boats, or other vehicles; (2) Community facility; (3) Day care; (4) Drinking place; (5) Drive-through facility; (6) Education and school; (7) Entertainment use; (8) Finance, insurance and real estate; (9) General office and business service; (10)General retail; (11)Medical office and clinic; (12)Personal service; (13)Physical fitness and health club; (14)Restaurant; (15)Senior center; (b) Co-location of wireless telecommunications facilities per BMC 20.46.140; (c) Hotel and lodging place; (d) Museum and gallery; (e) Nonmotorized outdoor recreation facility; (f) Public administration use; (g) Residential as a secondary use; (h) Veterinary clinic. (Ord. 5008 §10, 2007: Ord. 4950 §8 (Exh. A) (part), 2005) 20.62.040 CONDITIONAL USES. The following uses may be permitted provided a conditional use permit is approved pursuant to BMC 20.58.020: (a) Hardware and materials supply stores includ- ing garden supply, provided: (1) The structure(s) is less than twenty thou- sand (20,000) square feet of gross floor area; (2) Outdoor storage and product display shall be screened from view by a solid fence or wall; (3) No loading areas shall be located in a front yard or side yard abutting or located across from a resi- dentially zoned property; and (4) Outside storage is limited to five thousand (5,000) square feet. (b) Gas stations and car washes, provided: (1) No more than two (2) points of ingress/egress are allowed per street frontage. Ingress/egress points shall be separated in accordance with City engineering requirements. (2) Buffering is provided pursuant to BMC 20.50.050, and in addition, trees at least ten (10) feet in height of two (2) inch caliper, measured four (4) feet above ground at time of planting and/or construction shall be included at intervals not greater than fifteen (15) feet. (Ord. 4950 §8 (Exh. A) (part), 2005) 20.62.060 DEVELOPMENT STANDARDS. (a) Lot development shall be in accordance with the following standards, unless allowed for otherwise by law: (1) Maximum front yard setback: five (5) feet. At least sixty-five (65) percent of the building’s front facade must meet the maximum front yard setback. (2) Minimum side yard setback: zero (0) except when adjacent to the low density residential zone (R-10) where a ten (10) to twenty (20) foot visual screen is required pursuant to BMC 20.50.050(b). (3) Minimum rear yard setback: zero (0), except when adjacent to the low density residential zone (R-10) where a ten (10) to twenty (20) foot visual screen is required pursuant to BMC 20.50.050(b). (4) No maximum density for secondary resi- dential uses. (5) 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. (6) Maximum development coverage is sev- enty-five (75) percent unless increased per subsection (Revised 6/08)20.62-2 20.62.070 (b) of this section. In no case shall maximum lot cover- age exceed ninety-five (95) percent. (7) Maximum height: forty-five (45) feet, except that structures within one hundred (100) feet of the low density residential (R-10) zone shall not exceed thirty-five (35) feet in height. (8) Maximum building heights within the downtown regional center are pursuant to the Down- town Subarea Plan and shall supersede subsection (a)(7) of this section. (b) A development that provides the following may have its maximum development and lot coverage increased by adding bonus percentages to the maximum base area percentage, provided the total does not exceed the maximum allowed above: (1) Commercial/residential mixed use devel- opment: twenty (20) percent bonus; (2) Development containing seventy-five (75) percent of the building footprint with three (3) and four (4) story buildings: ten (10) percent bonus; (3) Ten (10) percent bonus if a sidewalk ten (10) feet in width or greater is installed extending to the front of the building and continuing along the entire arterial frontage of the parcel; (4) Pedestrian through-corridor that provides pedestrian access to a location approved by the Director: five (5) percent bonus; (5) Fifty (50) percent of off-street parking is provided underground or within a building designed for occupancy: twenty (20) percent bonus. (Ord. 5046 §7, 2008; Ord. 5008 §11, 2007: Ord. 4950 §8 (Exh. A) (part), 2005) 20.62.070 DESIGN STANDARDS. The following design standards shall be applied to all new development or significant redevelopment of a site. When development involves the remodel or expan- sion of existing structures, the Director may modify these requirements to reasonably fit the scope and scale of the remodel or expansion. (a) Bulk Reduction. At least two (2) of the follow- ing criteria shall be used to reduce the appearance of mass and bulk of the facade of all buildings facing pub- lic streets: (1) Upper floor setbacks of not more than ten (10) feet, provided the setbacks are not applied to more than twenty-five (25) percent of building facades facing a public street. (2) One (1) or more of the following tech- niques: (i) Recessing the entrance area at least three (3) feet. (ii) An entrance area that protrudes at least three (3) feet. (iii) A canopy, portico or overhang extending at least five (5) feet over the sidewalk in the entrance area. (3) Buildings with at least five (5) foot over- hangs, awnings, canopies or arcades elevated between eight (8) and twelve (12) feet above the sidewalk. (4) Window Fenestration. Windows shall occupy at least fifty (50) percent of the ground floor facade measured to ten (10) feet above the sidewalk or finished grade. (b) Outdoor storage of all materials shall be pro- hibited except for nurseries, which shall provide screen- ing pursuant to BMC 20.50.050(b). (c) Refuse Containers. (1) Refuse container screening shall be required and be of a material and design compatible with the overall architectural theme of the associated structure, shall be at least as high as the refuse container, and shall in no case be less than six (6) feet high; (2) No refuse container shall be permanently stored between a street and the front of a building; (3) Refuse collection areas shall be designed to contain all refuse generated on site and deposited between collections. Deposited refuse shall not be visi- ble from outside the refuse enclosure. (Ord. 5046 §8, 2008: Ord. 4950 §8 (Exh. A) (part), 2005) 20.62.080 PARKING REQUIREMENTS. On-site parking shall be provided in accordance with Chapter 20.48 BMC, and the following standards shall be met: (a) On-site parking shall be to the rear or to the side of buildings on the site and shall not occupy more than fifty (50) percent of the site frontage facing the arterial street. (b) Parking shall not be placed on street corners. (c) Access to parking may be from adjacent nonar- terial streets, or from driveways off of the arterial. (d) Driveways providing access to parking area shall be well marked. (Ord. 4950 §8 (Exh. A) (part), 2005) 20.62.090 LANDSCAPING REQUIREMENTS. The landscaping requirements set forth in Chapter 20.50 BMC shall be satisfied. (Ord. 5046 §9, 2008: Ord. 4950 §8 (Exh. A) (part), 2005) 20.62.100 SIGN STANDARDS. Signage shall meet the standards of Chapter 20.52 BMC. For freestanding signs, the maximum size and height standards of Figure 20.52(a) shall apply. (Ord. 4950 §8 (Exh. A) (part), 2005) 20.64-1 (Revised 6/08) 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; (s) Veterinary clinic. (Ord. 5008 §12, 2007: 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: zero (0) except when adjacent to the low density residential zone (R-10) where a ten (10) to twenty (20) foot visual screen is required pursuant to BMC 20.50.050(b); (3) Minimum rear yard setback: zero (0) except when adjacent to the low density residential zone (R-10) where a ten (10) to twenty (20) foot visual screen is required pursuant to BMC 20.50.050(b); (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; (Revised 6/08)20.64-2 20.64.070 (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; (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. 5046 §10, 2008; Ord. 5008 §13, 2007: 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, sin- gle-use residential structures are permitted if screened from major arterials by mixed-use structures or struc- tures 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) Outdoor storage of all materials shall be pro- hibited except for nurseries, which shall provide screen- ing pursuant to BMC 20.50.050(b). (d) Refuse containers, 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. 5046 §11, 2008: 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: 20.64-3 (Revised 6/08) Bremerton Municipal Code 20.64.100 (a) On-site parking shall be to the rear or to the side of buildings on the site and shall not occupy more than forty (40) percent of the site frontage facing the arterial street. (b) Parking shall not be placed on street corners. (c) Access to parking may be from adjacent nonar- terial streets, or from driveways off of the arterial. (d) Driveways providing access to parking area shall be well-defined, highly visible entryways. (e) On-street parking shall be allowed to help sat- isfy parking requirements, provided paved street widths provide adequate room pursuant to City standards for on-street parking. (Ord. 4950 §8 (Exh. A) (part), 2005) 20.64.090 LANDSCAPING REQUIREMENTS. Landscaping shall meet the standards of Chapter 20.50 BMC. (Ord. 5046 §12, 2008: Ord. 4950 §8 (Exh. A) (part), 2005) 20.64.100 SIGN STANDARDS. Signage shall meet the standards of Chapter 20.52 BMC. For freestanding signs, the maximum size and height standards of Figure 20.52(a) shall apply. (Ord. 4950 §8 (Exh. A) (part), 2005) 20.66-1 (Revised 6/08) Bremerton Municipal Code 20.66.060 Chapter 20.66 NEIGHBORHOOD CENTER CORE (NCC) Sections: 20.66.010 INTENT. 20.66.020 PERMITTED USES. 20.66.050 PROHIBITED USES. 20.66.060 DEVELOPMENT STANDARDS. 20.66.070 DESIGN STANDARDS. 20.66.080 PARKING REQUIREMENTS. 20.66.090 LANDSCAPING REQUIREMENTS. 20.66.100 SIGN STANDARDS. 20.66.010 INTENT. The intent of the neighborhood center core (NCC) zone is to establish base threshold standards for the cen- tral core of neighborhood centers that preserve future opportunity for full realization of the centers concept. The NCC designation assumes that future amendments to the zoning code will more fully implement the centers intent. (Ord. 4950 §8 (Exh. A) (part), 2005) 20.66.020 PERMITTED USES. Permitted uses include: (a) Bed and breakfast; (b) Co-location of wireless telecommunications facilities per BMC 20.46.140; (c) Community facility; (d) Drinking place; (e) Entertainment use; (f) Finance insurance and real estate; (g) General office and business service; (h) General retail; (i) Hotel and lodging place containing ten (10) or fewer guest rooms; (j) Medical office and clinic; (k) Museum and gallery; (l) Park, playground and open space; (m) Personal service; (n) Public administration; (o) Transportation facility; (p) Residential as a secondary use; (q) Restaurant; (r) Transportation facility; (s) Veterinary clinic. (Ord. 5008 §14, 2007: Ord. 4950 §8 (Exh. A) (part), 2005) 20.66.050 PROHIBITED USES. (a) Drive-through lanes. (Ord. 4950 §8 (Exh. A) (part), 2005) 20.66.060 DEVELOPMENT STANDARDS. (a) Front yard setback: no minimum front yard set- back. The maximum front yard setback shall be ten (10) feet. At least eighty (80) percent of the building’s front facade shall meet the maximum front yard setback. (b) Side yard setback: zero (0), except when adja- cent to the low density residential zone (R-10) where a ten (10) to twenty (20) foot visual screen is required pur- suant to BMC 20.50.050(b). (c) Rear yard setback: zero (0), except when adja- cent to the low density residential zone (R-10) where a ten (10) to twenty (20) foot visual screen is required pur- suant to BMC 20.50.050(b). (d) There is no maximum density for residential as a secondary use. (e) Maximum building coverage: sixty (60) per- cent base maximum; provided, that through the use of any combination of the following, building coverage may be increased up to eighty-five (85) percent maxi- mum. (1) Projects containing mixed uses: twenty (20) percent bonus. (2) Projects within a two (2) or three (3) story building: ten (10) percent bonus. (3) Projects providing a pedestrian-oriented plaza or area of at least one hundred fifty (150) square feet along a pedestrian walkway at an intersection cor- ner, bus stop or other key pedestrian area approved by the city. Such areas shall contain seating for at least four (4) people, a trash receptacle and three (3) or more of the following: a pedestrian shelter, a drinking fountain, a bike rack, pedestrian-scale lights, pavers on the walk- way surfaces, a kiosk, a street vendor station providing food or beverages, trees, a statue or sculpture, or a pub- lic restroom. Interior courtyards with these amenities qualify if they would be readily apparent and accessible to pedestrians on adjoining sidewalks: ten (10) percent bonus. (4) Projects providing a through-block corri- dor that facilitates pedestrian access in a location approved by the city: five (5) percent bonus. (5) Projects providing at least fifty (50) per- cent of their required parking underground or within the building: twenty (20) percent bonus. (f) Maximum development coverage: maximum coverage by impervious surfaces seventy-five (75) per- cent; provided, that through the use of any combination of the mechanisms listed in subsections (e)(1) through (5) of this section, up to ninety-five (95) percent maxi- mum development coverage may be allowed. (g) Maximum building height: thirty-five (35) feet. (Ord. 5046 §13, 2008; Ord. 4950 §8 (Exh. A) (part), 2005) (Revised 6/08)20.66-2 20.66.070 20.66.070 DESIGN STANDARDS. (a) Building Design. The following guidelines apply to mixed use and commercial structures only: (1) To enhance the pedestrian environment, commercial uses shall include large windows along any ground floor facade facing the public sidewalk or side- walks providing circulation within a site. Windows shall allow views into interior building spaces. At least sev- enty-five (75) percent of all such facades, measured to ten (10) feet above the sidewalk or surface grade, shall be comprised of such windows. (2) At least one (1) of the following amenities shall be required along any ground floor facade facing the public sidewalk: outdoor eating areas; street furni- ture such as benches, bike racks and trash receptacles; plantings in window boxes; public art; or public display cases, kiosks, or boards. (3) Building entrances shall be easily identifi- able from the street and sidewalks. This may be accom- plished by: (i) Ornamentation and/or architectural detailing around the door; and (ii) One (1) or more of the following tech- niques: (A) Recessing the entrance area at least three (3) feet. (B) An entrance area that protrudes at least three (3) feet. (C) A canopy, portico or overhang extending at least five (5) feet over the sidewalk in the entrance area. (4) Bulk. Building modulation shall be used to reduce the appearance of mass and bulk of the struc- ture. This can be achieved by utilizing any combination of at least two (2) of the following; (i) Setback of upper floors by at least ten (10) feet. However, such setbacks shall not be applied to more than fifty (50) percent of a facade facing a major arterial. (ii) Recessed or protruding doorways per subsection (a)(3)(ii) of this section. (iii) Overhangs, awnings, canopies, or arcades between eight (8) and twelve (12) feet above the sidewalk. (iv) Window fenestration per subsection (a)(1) of this section. (5) Building Size. Structures shall not exceed twenty thousand (20,000) square feet in ground floor area. (6) Blank Facades. Building facades shall not present a blank facade to view from public rights-of- way, common parking areas, or residential properties. Such facades may be broken by windows, trellises, col- umns, variations in plane, or other devices that add vari- ation and interest to the facade. (7) Structures at the intersection of two (2) arterial streets shall include a significant architectural feature at the building corner that provides visual emphasis at the corner. This may be accomplished in one or more of the following ways: (i) The inclusion of a major entryway at the corner. Such entryways must be marked by an awning, recessed area, colonnade, or other architectural feature that defines the entry. (ii) The inclusion of a building element the height of which varies from the remainder of the building by at least ten (10) percent. (iii) A plaza at the corner that includes a fountain, artwork, or planting of at least ten (10) feet in height. (b) Site Design. In addition to other guidelines provided in this chapter, site design shall meet the fol- lowing requirements: (1) Retail structures shall not be set back more than ten (10) feet from the public right-of-way. In addi- tion, retail structures shall be either mixed-use struc- tures with residential or office uses above or be constructed so as to allow future addition of at least one (1) additional story containing residential or office uses. (2) Circulation. Clearly defined pedestrian and vehicle circulation routes shall be provided such that all portions of the site are linked. (3) Storage. Outside storage of any kind is prohibited with the exception of garbage cans and/or dumpsters. Garbage cans and dumpsters shall be placed in an enclosure as per BMC 20.46.120. No garbage enclosure shall be permitted between a street and the front of a building. (Ord. 5046 §14, 2008; Ord. 4950 §8 (Exh. A) (part), 2005) 20.66.080 PARKING REQUIREMENTS. Parking shall meet the standards of Chapter 20.48 BMC and the following requirements: (a) For nonresidential uses, the minimum parking requirement is one (1) space per employee, plus one (1) handicapped-accessible space; (b) On-site parking for nonresidential uses shall not exceed one (1) space per three hundred (300) square feet of floor area; 20.70-1 (Revised 6/08) Bremerton Municipal Code 20.70.060 Chapter 20.70 DISTRICT CENTER CORE (DCC) Sections: 20.70.010 INTENT. 20.70.020 OUTRIGHT PERMITTED USES. 20.70.050 PROHIBITED USES. 20.70.060 DEVELOPMENT STANDARDS. 20.70.070 DESIGN STANDARDS. 20.70.080 PARKING REQUIREMENTS. 20.70.090 LANDSCAPING REQUIREMENTS. 20.70.100 SIGN STANDARDS. 20.70.010 INTENT. The intent of the district center core (DCC) zone is to establish base threshold standards for district centers that preserve future opportunity for full realization of the centers concept. The DCC designation assumes that future amendments to the zoning code will more fully implement the centers intent. (Ord. 4950 §8 (Exh. A) (part), 2005) 20.70.020 OUTRIGHT PERMITTED USES. The following uses are permitted outright: (a) Bed and breakfast; (b) Co-location of wireless telecommunications facility per BMC 20.46.140; (c) Community facility; (d) Day care facility; (e) Drinking place; (f) Entertainment use; (g) Finance, insurance and real estate; (h) General office and business services; (i) General retail; (j) Group residential facilities - Class I; (k) Hotel and lodging place; (l) Medical office and clinic; (m) Motion picture theater; (n) Museum and gallery; (o) Nursing/convalescent home; (p) Park, playground and open space; (q) Personal services business; (r) Physical fitness and health club; (s) Public or private park, playground or open space; (t) Public administration; (u) Residential as a secondary use; (v) Restaurant; (w) School and education; (x) Senior housing complex; (y) Transportation facility; (z) Veterinary clinic. (Ord. 5008 §15, 2007: Ord. 4950 §8 (Exh. A) (part), 2005) 20.70.050 PROHIBITED USES. (a) Drive-through lanes. (Ord. 4950 §8 (Exh. A) (part), 2005) 20.70.060 DEVELOPMENT STANDARDS. Lot development shall be in accordance with the following unless allowed for otherwise by law: (a) Front yard setback: no minimum front yard set- back. The maximum front yard setback is ten (10) feet. At least eighty (80) percent of a building’s front facade shall meet the maximum front yard setback. (b) Side yard setback: zero (0) except when adja- cent to the low density residential zone (R-10) where a ten (10) to twenty (20) foot visual screen is required pur- suant to BMC 20.50.050(b). (c) Rear yard setback: zero (0) except when adja- cent to the low density residential zone (R-10) where a ten (10) to twenty (20) foot visual screen is required pur- suant to BMC 20.50.050(b). (d) There is no maximum density for residential as a secondary use. (e) Maximum building coverage: sixty (60) per- cent base maximum; provided, that through the use of any combination of the following, building coverage may be increased up to eighty-five (85) percent maxi- mum: (1) Projects containing mixed uses: ten (10) percent bonus. (2) Projects with a three (3) or four (4) story building: ten (10) percent bonus. (3) Projects providing a pedestrian-oriented plaza or area of at least one hundred fifty (150) square feet along a pedestrian walkway at an intersection cor- ner, bus stop or other key pedestrian area approved by the City. Such areas shall contain seating for at least four (4) people, a trash receptacle and three (3) or more of the following: a pedestrian shelter, a drinking fountain, a bike rack, pedestrian-scale lights, pavers on the walk- way surfaces, a kiosk, a street vendor station providing food or beverages, trees, an appropriately sized statue or sculpture, or a public restroom. Interior courtyards with these amenities qualify if they would be readily apparent and accessible to pedestrians on adjoining sidewalks: twenty (20) percent bonus. (4) Projects providing a through-block corri- dor that facilitates pedestrian access in a location approved by the City: five (5) percent bonus. (5) Projects providing at least fifty (50) per- cent of their required parking underground or within the building: twenty (20) percent bonus. (f) Maximum development coverage: maximum development coverage by impervious surfaces, seventy- (Revised 6/08)20.70-2 20.70.070 five (75) percent; provided, that through the use of any combination of the mechanisms listed in subsections (e)(1) through (5) of this section, up to ninety-five (95) percent maximum development coverage may be allowed. (g) Maximum building height: fifty (50) feet. (Ord. 5046 §15, 2008; Ord. 5008 §16, 2007: Ord. 4950 §8 (Exh. A) (part), 2005) 20.70.070 DESIGN STANDARDS. (a) Building Design. (1) To enhance the pedestrian environment, commercial uses shall include large windows along any facade facing the public sidewalk or sidewalks provid- ing circulation within a site. Windows shall allow views into interior building spaces. At least seventy-five (75) percent of all such facades, measured to ten (10) feet above the sidewalk or surface grade, shall be comprised of such windows. (2) At least one (1) of the following amenities shall be required along building facades facing the pub- lic sidewalk: outdoor eating areas, street furniture such as benches, bike racks and trash receptacles, and plant- ings in window boxes. (3) Building entrances shall be easily identifi- able from the street and sidewalks. This may be accom- plished by: (i) Ornamentation and/or architectural detailing around the door; and (ii) One (1) or more of the following tech- niques: (A) Recessing the entrance area at least three (3) feet; (B) An entrance area that protrudes at least three (3) feet; (C) A canopy, portico or overhang extending at least five (5) feet over the sidewalk in the entrance area. (4) Bulk. Building modulation shall be used to reduce the appearance of mass and bulk of the struc- ture. This can be achieved by utilizing any combination of at least two (2) of the following: (i) Setback of upper floors by at least ten (10) feet. However, such setbacks shall not be applied to more than fifty (50) percent of a facade facing a major arterial. (ii) Recessed or protruding doorways per subsection (a)(3)(ii) of this section. (iii) Overhangs, awnings, canopies, or arcades between eight (8) and twelve (12) feet above the sidewalk. (iv) Window fenestration per subsection (a)(1) of this section. (5) Blank Facades. Building facades shall not present a blank facade to view from public rights-of- way, common parking areas, or residential properties. Such facades may be broken by windows, trellises, col- umns, variations in plane, or other devices that add vari- ation and interest to the facade. (6) Structures at the intersection of two (2) arterial streets shall include a significant architectural feature at the building corner that provides visual emphasis at the corner. This may be accomplished in one (1) or more of the following ways: (i) The inclusion of a major entryway at the corner. Such entryways must be marked by an awning, recessed area, colonnade, or other architectural feature that defines the entry. (ii) The inclusion of a building element the height of which varies from the remainder of the building by at least ten (10) percent. (iii) A plaza at the corner that includes a fountain, artwork, or planting of at least ten (10) feet in height. (b) Site Design. In addition to other standards pro- vided in this chapter, site design shall meet the follow- ing requirements: (1) No less than thirty (30) percent of the frontage of a site along arterial streets, as measured in lineal feet, shall be occupied by commercial structures set back ten (10) feet or less from a public right-of-way. In addition, such commercial structures shall be either mixed-use structures with residential or office uses above or be constructed so as to allow future addition of at least two (2) additional stories containing residential or office uses. (2) Circulation. Clearly defined pedestrian and vehicle circulation routes shall be provided such that all portions of the site are linked. (3) Storage. Outside storage of any kind is prohibited with the exception of garbage cans and/or dumpsters. Garbage cans and dumpsters shall be placed in an enclosure per BMC 20.46.120. No garbage enclo- sure shall be permitted between a street and the front of a building. (Ord. 5046 §16, 2008; Ord. 4950 §8 (Exh. A) (part), 2005) 20.74-1 (Revised 6/08) Bremerton Municipal Code 20.74.100 Chapter 20.74 BUSINESS CORE (BC) Sections: 20.74.010 INTENT. 20.74.020 OUTRIGHT PERMITTED USES. 20.74.080 PARKING REQUIREMENTS. 20.74.090 LANDSCAPING STANDARDS. 20.74.100 SIGN STANDARDS. 20.74.010 INTENT. The intent of this zone is detailed in the adopted Downtown Regional Center Subarea Plan. This chapter supplements the adopted plan. (Ord. 5046 §17 (part), 2008) 20.74.020 OUTRIGHT PERMITTED USES. The following uses are permitted: (a) Accessory parking facility; (b) Bed and breakfast; (c) Co-location of wireless telecommunications facility per BMC 20.46.140; (d) Communication/broadcasting facility; (e) Community facility; (f) Day care facility; (g) Detoxification center; (h) Finance, insurance and real estate; (i) General office and business services; (j) General retail; (k) Group residential facilities - Class I; (l) Hotel and lodging place; (m) Indoor automobile sales, service, repair, or car wash; (n) Indoor entertainment use; (o) Indoor recreational facility; (p) Medical office and clinic; (q) Motion picture theater; (r) Museum and gallery; (s) Parking structure; (t) Personal services business; (u) Physical fitness and health club; (v) Public or private park, playground or open space; (w) Public administration; (x) Public facility; (y) Residential use of all types; (z) Restaurant and drinking place; (aa) School and education use; (bb)Social services facility; (cc) Transportation facility; (dd)Veterinary clinic; (ee) Welfare and charitable services and facility; (ff) Worship and religious facility. (Ord. 5046 §17 (part), 2008) 20.74.080 PARKING REQUIREMENTS. In addition to the off-street parking requirements set forth in Chapter 20.48 BMC, the automobile off- street parking spaces shall be provided in accordance with the Downtown Subarea Plan. (Ord. 5046 §17 (part), 2008) 20.74.090 LANDSCAPING STANDARDS. Landscaping shall meet the standards of Chapter 20.50 BMC. (Ord. 5046 §17 (part), 2008) 20.74.100 SIGN STANDARDS. Signage shall meet the standards of Chapter 20.52 BMC. For freestanding signs, the maximum size and height standards of Figure 20.52(a) shall apply. (Ord. 5046 §17 (part), 2008) 20.75-1 (Revised 6/08) Bremerton Municipal Code 20.75.100 Chapter 20.75 DOWNTOWN CORE Sections: 20.75.010 INTENT. 20.75.020 OUTRIGHT PERMITTED USES. 20.75.050 PROHIBITED USES. 20.75.080 PARKING REQUIREMENTS. 20.75.090 LANDSCAPING. 20.75.100 SIGN STANDARDS. 20.75.010 INTENT. The intent of this zone is detailed in the adopted Downtown Regional Center Subarea Plan. This chapter supplements the adopted plan. (Ord. 5046 §19 (part), 2008) 20.75.020 OUTRIGHT PERMITTED USES. The following uses are permitted outright: (a) Community facility; (b) Drinking place; (c) Education and school; (d) Entertainment use; (e) Finance, insurance and real estate; (f) General retail; (g) General office and business service; (h) Hotel and lodging place; (i) Medical office and clinic; (j) Motion picture theater; (k) Museum and gallery; (l) Park, playgrounds and open space; (m) Parking structure; (n) Personal service business; (o) Public administration; (p) Restaurant; (q) Residential uses of all types; (r) Transportation facility; (s) Veterinary clinic; (t) Worship and religious facilities. (Ord. 5046 §19 (part), 2008) 20.75.050 PROHIBITED USES. The following uses are specifically prohibited: (a) Light and heavy industrial/manufacturing uses; (b) Drive-through facility; (c) Automobile sales, service, repair or car wash; (d) Storage of equipment and materials; (e) Adult entertainment; (f) Work release facility; (g) Commercial surface parking lot not serving a permitted use. (Ord. 5046 §19 (part), 2008) 20.75.080 PARKING REQUIREMENTS. In addition to the off-street parking requirements set forth in Chapter 20.48 BMC, the automobile off- street parking spaces shall be provided in accordance with the Downtown Subarea Plan. (Ord. 5046 §19 (part), 2008) 20.75.090 LANDSCAPING. Landscaping shall meet the standards of Chapter 20.50 BMC. (Ord. 5046 §19 (part), 2008) 20.75.100 SIGN STANDARDS. Signage shall meet the standards of Chapter 20.52 BMC. For freestanding signs the maximum size and height standards of Figure 20.52(a) shall apply. (Ord. 5046 §19 (part), 2008) 20.76-1 (Revised 6/08) Bremerton Municipal Code 20.76.110 Chapter 20.76 DOWNTOWN WATERFRONT Sections: 20.76.010 INTENT. 20.76.020 OUTRIGHT PERMITTED USES. 20.76.050 PROHIBITED USES. 20.76.080 PARKING REQUIREMENTS. 20.76.090 LANDSCAPING REQUIREMENTS. 20.76.100 SIGN STANDARDS. 20.76.110 MEASURING HEIGHT. 20.76.010 INTENT. The intent of this zone is detailed in the adopted Downtown Regional Center Subarea Plan. This chapter supplements the adopted plan. (Ord. 5046 §20 (part), 2008) 20.76.020 OUTRIGHT PERMITTED USES. The following uses are permitted outright: (a) Drinking places; (b) General office and business services compris- ing no more than twenty-five (25) percent of the total gross floor area of a mixed-use development; (c) General retail, including marine retail; (d) Hotels and lodging places; (e) Parks, playgrounds and open spaces; (f) Residential uses of all types; (g) Restaurants; (h) Structured parking with other permitted uses; (i) Transportation facilities; (j) Veterinary clinics. (Ord. 5046 §20 (part), 2008) 20.76.050 PROHIBITED USES. The following uses are specifically prohibited: (a) Adult entertainment; (b) Automobile sales, service, repair and car wash; (c) Boat sales, storage and repair; (d) Commercial surface parking lots not serving a permitted use; (e) Drive-through facilities and drive-through lanes; (f) Light and heavy industrial/manufacturing uses; (g) Stand-alone commercial parking not serving a permitted use; (h) Storage of equipment and materials; (i) Work release facilities. (Ord. 5046 §20 (part), 2008) 20.76.080 PARKING REQUIREMENTS. In addition to the off-street parking requirements set forth in Chapter 20.48 BMC, the automobile off- street parking spaces shall be provided in accordance to the Downtown Subarea Plan. (Ord. 5046 §20 (part), 2008) 20.76.090 LANDSCAPING REQUIREMENTS. Landscaping shall meet the standards in Chapter 20.50 BMC. (Ord. 5046 §20 (part), 2008) 20.76.100 SIGN STANDARDS. Signage shall meet the standards of Chapter 20.52 BMC. For freestanding signs, the maximum size and height standards of Figure 20.52(a) shall apply. (Ord. 5046 §20 (part), 2008) 20.76.110 MEASURING HEIGHT. The maximum height shall be measured from the average grade on Washington Avenue adjacent to the subject property’s front lot line. (Ord. 5046 §20 (part), 2008) 20.79-1 (Revised 6/08) Bremerton Municipal Code 20.79.100 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. 20.79.080 PARKING REQUIREMENTS. 20.79.090 LANDSCAPING REQUIREMENTS. 20.79.100 SIGN STANDARDS. 20.79.010 INTENT. The intent of this zone is detailed in the adopted Downtown Regional Center Subarea Plan. This chapter supplements the adopted plan. (Ord. 5046 §21 (part), 2008: 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. 5046 §21 (part), 2008: 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. 5046 §21 (part), 2008: 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. 5046 §21 (part), 2008: Ord. 4950 §8 (Exh. A) (part), 2005) 20.79.080 PARKING REQUIREMENTS. In addition to the off-street parking requirements set forth in Chapter 20.48 BMC, the automobile off- street parking spaces shall be provided in accordance to the Downtown Subarea Plan. (Ord. 5046 §21 (part), 2008: Ord. 4950 §8 (Exh. A) (part), 2005) 20.79.090 LANDSCAPING REQUIREMENTS. Landscaping shall meet the standards of Chapter 20.50 BMC. (Ord. 5046 §21 (part), 2008: Ord. 4950 §8 (Exh. A) (part), 2005) 20.79.100 SIGN STANDARDS. Signage shall meet the standards of Chapter 20.52 BMC. (Ord. 5046 §21 (part), 2008: Ord. 4950 §8 (Exh. A) (part), 2005) 20.80-1 (Revised 6/08) 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 shall be applied to lands located within public sector redevelopment site (PSRS), employment center (EC), district center (DC), neighborhood center (NC), or downtown regional center Comprehensive Plan designations. (Ord. 5025 §2, 2007: 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 (Revised 6/08)20.80-2 20.80.070 adoption of the master development zone. The follow- ing guidelines establish the parameters from which development standards are derived: (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 subarea planning areas where subarea plans and unique development regulations may be created for each: (a) Westpark Subarea Plan (adopted by Ordinance No. 4998); (b) East Park Subarea Plan (adopted by Ordinance No. 4962); (c) Wheaton-Riddell Subarea Plan (adopted by Ordinance No. 5025); (d) Downtown Regional Center Subarea Plan (adopted by Ordinance No. 5034); (e) Austin Drive Subarea Plan; (f) Harrison Employment Center; (g) Northwest Corporate Campus Employment Center; (h) Port Blakely Employment Center. The subarea planning areas listed above having adopted subarea plans are identified with the corre- sponding adopting ordinance number. This ordinance will contain the unique regulations and standards that guide development for that subarea planning area. Sub- 20.80-3 (Revised 6/08) Bremerton Municipal Code 20.80.080 sequent amendment to adopted subarea plans need not be identified in this section by the amending ordinance number. (Ord. 5034 §2, 2007: Ord. 5025 §3, 2007: Ord. 4998 §2, 2007: Ord. 4962 §3, 2006: Ord. 4950 §8 (Exh. A) (part), 2005) 20.82-1 (Revised 6/08) 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 when adja- cent to the low density residential zone (R-10) where a ten (10) to twenty (20) foot visual screen is required pur- suant to BMC 20.50.050(b); (c) Rear yard setback: zero (0) except when adja- cent to the low density residential zone (R-10) where a ten (10) to twenty (20) foot visual screen is required pur- suant to BMC 20.50.050(b); (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 (Revised 6/08)20.82-2 20.82.080 BMC. (Ord. 5046 §22, 2008; Ord. 4977 §13, 2006; Ord. 4950 §8 (Exh. A) (part), 2005) 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. (Ord. 5046 §23, 2008: 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 6/08) Bremerton Municipal Code 20.84.100 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; (o) Veterinary clinic. (Ord. 5008 §21, 2007: 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) Side yard setback: zero (0) except when adja- cent to the low density residential zone (R-10) where a ten (10) to twenty (20) foot visual screen is required pur- suant to BMC 20.50.050(b). (c) Rear yard setback: zero (0) except when adja- cent to the low density residential zone (R-10) where a ten (10) to twenty (20) foot visual screen is required pur- suant to BMC 20.50.050(b). (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. 5046 §24, 2008; 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. (Ord. 5046 §25, 2008: Ord. 4950 §8 (Exh. A) (part), 2005) 20.84.100 SIGN STANDARDS. Signs shall meet the standards of Chapter 20.52 BMC. For freestanding signs, the maximum size and height standards of Figure 20.52(a) shall apply. (Ord. 4950 §8 (Exh. A) (part), 2005) 20.86-1 (Revised 6/08) Bremerton Municipal Code 20.86.070 Chapter 20.86 FREEWAY CORRIDOR ZONE (FC) Sections: 20.86.010 INTENT. 20.86.020 OUTRIGHT PERMITTED USES. 20.86.040 CONDITIONAL USES. 20.86.050 PROHIBITED USES. 20.86.060 DEVELOPMENT STANDARDS. 20.86.070 DESIGN STANDARDS. 20.86.080 PARKING REQUIREMENTS. 20.86.090 LANDSCAPING REQUIREMENTS. 20.86.100 SIGN STANDARDS. 20.86.010 INTENT. The intent of the freeway corridor (FC) zone is to identify areas for commercial activities that will typi- cally be region-serving in nature and scale. Uses in the zone benefit from high visibility from freeways serving the region, incorporate signage legible to fast-moving traffic, provide large areas for parking, and may include large-scale structures and/or outdoor display or storage areas. Design standards, buffering and/or other tech- niques are used to mitigate the effects of the intense uses allowed in the FC zone on less intense adjacent uses. (Ord. 4950 §8 (Exh. A) (part), 2005) 20.86.020 OUTRIGHT PERMITTED USES. In the freeway corridor zone all uses are permitted outright except for those uses set forth as conditional uses per BMC 20.86.040, and those uses prohibited per BMC 20.86.050. (Ord. 4950 §8 (Exh. A) (part), 2005) 20.86.040 CONDITIONAL USES. A conditional use permit, which is approved pursu- ant to BMC 20.58.020, may permit the following uses: (a) Heavy industrial/manufacturing, provided: (1) All standards of the noise levels ordi- nance, Chapter 6.32 BMC, are met; (2) No unshielded light or glare will be visible during periods of darkness in a residential zone; (3) No odor, dust or smoke byproduct will be clearly detectable on any adjacent or adjoining commer- cial or residential lot; (4) The applicant can demonstrate that the use will not significantly detract from the visual character of the area as seen from public rights-of-way or any adja- cent lot. Unkept or unsightly storage, refuse, yard, or equipment areas are elements with the potential to neg- atively impact visual character. (b) Adult business per BMC 20.46.110. (c) Class II group residential facilities, provided: (1) The facility will not create an operational conflict with the efficiency of large-scale freeway-ori- ented commercial use. (Ord. 4950 §8 (Exh. A) (part), 2005) 20.86.050 PROHIBITED USES. The following uses are prohibited in the freeway corridor zone: (a) Residential, as a primary or secondary use, except for Class II group residential facilities as a con- ditional use per BMC 20.86.040; (b) Recreational vehicle park; (c) Junk yard; (e) Motion picture theater; (d) Any use with significant adverse impacts on less intense uses in neighboring residential zones, deter- mined by the City by having any combination of the fol- lowing criteria: (1) Noise Encroachment. Generation of sound not meeting the provisions of the noise levels ordinance, Chapter 6.32 BMC; (2) Light/Glare Encroachment. Unshielded glare visible during periods of darkness in an adjacent residential zone; (3) Odor, Dust or Smoke Encroachment. Emission of an odor, dust or smoke byproduct clearly detectable in any residential zone. (Ord. 4950 §8 (Exh. A) (part), 2005) 20.86.060 DEVELOPMENT STANDARDS. Lot development requirements shall be in accor- dance with the following standards unless allowed for by law otherwise: (a) Minimum front yard setback: twenty (20) feet; (b) Minimum side yard setback: zero (0) except when adjacent to the low density residential zone (R-10) where a ten (10) to twenty (20) foot visual screen is required pursuant to BMC 20.50.050(b); (c) Rear yard setback: zero (0) except when adja- cent to the low density residential zone (R-10) where a ten (10) to twenty (20) foot visual screen is required pur- suant to BMC 20.50.050(b); (d) No maximum building coverage, except all setback and landscaping requirements shall be met; (e) No maximum development coverage, except all setback and landscaping standards shall be met; (f) Maximum building height: sixty (60) feet. (Ord. 5046 §26, 2008; Ord. 4950 §8 (Exh. A) (part), 2005) 20.86.070 DESIGN STANDARDS. The following design standards shall be met: (a) Bulk. The horizontal dimension of any struc- ture facing a public right-of-way shall include visual (Revised 6/08)20.86-2 20.86.080 treatment at intervals not to exceed one hundred (100) feet, for a width of not less than twenty (20) feet. Visual treatment shall be one or more of the following types: (1) An offset with a minimum depth of five (5) feet; (2) A facade material, texture or color that is visually different and distinct from the base material, texture or color. (b) Curb Cuts. The number of curb cut site entries from public rights-of-way shall be limited to the mini- mum number of curb cuts required for safe and efficient vehicle circulation into and out of the site. No curb cut width may exceed forty-eight (48) feet. (Ord. 4950 §8 (Exh. A) (part), 2005) 20.86.080 PARKING REQUIREMENTS. Parking shall meet the standards of Chapter 20.48 BMC. (Ord. 4950 §8 (Exh. A) (part), 2005) 20.86.090 LANDSCAPING REQUIREMENTS. Landscaping shall meet the standards of Chapter 20.50 BMC and the following requirements: (a) Buffers and screening adjacent to rights-of- way. All off-street parking areas, vehicle storage areas, and outdoor storage or work areas, except for those areas for display of vehicles or products for sale or lease, shall be screened or buffered from public rights-of-way by any combination of the following: (1) Five (5) foot wide landscaped buffer with evergreen hedge or other screen plantings of a size that will provide an immediate effective visual screen hav- ing a minimum height of five (5) feet; (2) Solid fence or wall a minimum of five (5) feet in height unless modified by the City to correct a visibility obstruction; or (3) An earthen berm planted with grass, shrubs, or other groundcover and having an effective visual height of at least five (5) feet; (b) Buffers or screening between commercial uses. The City may determine that landscape buffering or screening is required along an interior property line shared by commercial uses in cases where a higher intensity use such as light or heavy manufactur- ing/industry abuts a commercial use that is frequently visited by members of the public. Such buffering or screening is intended to minimize potential conflicts. (Ord. 4950 §8 (Exh. A) (part), 2005) 20.86.100 SIGN STANDARDS. Signs shall meet the standards of Chapter 20.52 BMC. For freestanding signs, the maximum size and height standards of Figure 20.52(a) shall apply. (Ord. 4950 §8 (Exh. A) (part), 2005) 20.88-1 (Revised 6/08) Bremerton Municipal Code 20.88.070 Chapter 20.88 MARINE INDUSTRIAL (MI) Sections: 20.88.010 INTENT. 20.88.020 OUTRIGHT PERMITTED USES. 20.88.030 ACCESSORY USES. 20.88.040 CONDITIONAL USES. 20.88.060 DEVELOPMENT STANDARDS. 20.88.070 DESIGN STANDARDS. 20.88.080 PARKING REQUIREMENTS. 20.88.090 LANDSCAPING REQUIREMENTS. 20.88.100 SIGN STANDARDS. 20.88.010 INTENT. The intent of the marine industrial (MI) zone is to provide for areas of marine-related light industrial uses within a waterfront-oriented complex. Marine industrial areas should include adequate screening, architectural standards, and other site design considerations to assure compatibility with neighboring uses – especially resi- dential and shoreline public access areas. Developments shall be consistent with shorelines and critical areas des- ignations, functionally linked to marine-related activi- ties, and accessible from the waterfront through an on- site circulation system. (Ord. 4950 §8 (Exh. A) (part), 2005) 20.88.020 OUTRIGHT PERMITTED USES. The following uses are permitted outright: (a) Boat and marine vehicle sales; (b) Boat and marine vehicle service and repair; (c) Fully enclosed boat storage; (d) General office and business service that is functionally related to marine-related activities; (e) General retail under seven thousand (7,000) gross square feet that is functionally related to marine- related activities; (f) Light industrial/manufacturing that is func- tionally related to marine-related activities, including research, development and testing; (g) Location of wireless telecommunications facil- ities per BMC 20.46.140; (h) Residential as a secondary use; (i) Restaurants and drinking places under two thousand five hundred (2,500) gross square feet that are functionally related to water-related activities; (j) Transportation facility including marine freight and passenger terminals, transit stops and trans- portation services; (k) Waterfront parks, playgrounds and open space, or public viewing facility. (Ord. 4950 §8 (Exh. A) (part), 2005) 20.88.030 ACCESSORY USES. The following accessory uses may be permitted when found in connection with a principal use: Fuel stations intended primarily for marine vehi- cles, provided ingress and egress shall occur entirely within the MI zone, and not on roadways or parking areas adjacent to other zones. (Ord. 4950 §8 (Exh. A) (part), 2005) 20.88.040 CONDITIONAL USES. Dry storage of marine vessels commonly referred to as dry stacking may be allowed to a height of fifty (50) feet, provided a conditional use permit is approved pur- suant to BMC 20.58.020, subject to the following con- ditions: (a) All other setback and development standards of the marine industrial zone and the Shoreline Master Program are met; (b) The dry stacking facility will not substantially obscure existing views to the water from existing resi- dences. (Ord. 4950 §8 (Exh. A) (part), 2005) 20.88.060 DEVELOPMENT STANDARDS. Lot development requirements shall be in accor- dance with the following standards unless allowed for by law otherwise: (a) Maximum front yard setback: ten (10) feet. At least sixty-five (65) percent of a building’s front facade shall meet the maximum front yard setback require- ment. (b) Minimum side yard setback: zero (0) except when adjacent to the low density residential zone (R-10) where a ten (10) to twenty (20) foot visual screen is required pursuant to BMC 20.50.050(b). (c) Minimum rear yard setback: zero (0) except when adjacent to the low density residential zone (R-10) where a ten (10) to twenty (20) foot visual screen is required pursuant to BMC 20.50.050(b). (d) Maximum building height: thirty-five (35) feet. (e) Maximum building coverage: sixty (60) per- cent unless increased per BMC 20.88.070(b). (f) Maximum development coverage: seventy- five (75) percent unless increased per BMC 20.88.070(c). (g) Maximum density of secondary residential use: ten (10) units per acre. (Ord. 5046 §27, 2008; Ord. 4950 §8 (Exh. A) (part), 2005) 20.88.070 DESIGN STANDARDS. (a) Light, glare, and odors shall not impact or be readily discernable from properties outside the MI zone, (Revised 6/08)20.88-2 20.88.080 and all provisions of the noise levels ordinance, Chapter 6.32 BMC, shall be met. (b) Maximum building coverage may be increased to seventy-five (75) percent when separate buildings on more than one (1) lot are constructed with uniformity of the following architectural elements: (1) Roof pitches; (2) Exterior building facade material; (3) Exterior building facade palette of colors; (4) Exterior window sash material and style. (c) Maximum development coverage may be increased to eighty-five (85) percent with a City- approved, on-site circulation plan depicting access to and from all portions of the site and the waterfront. (d) Ingress and egress to all uses within the MI zone shall be from a collector arterial roadway or higher roadway classification, or from a roadway or driveway that is fully within the MI zone and not adjacent to other zones. (e) Hours of operation for light industrial/manu- facturing uses shall be limited to 7:30 a.m. to 7:30 p.m. (Ord. 5046 §28, 2008: Ord. 4950 §8 (Exh. A) (part), 2005) 20.88.080 PARKING REQUIREMENTS. Parking shall meet the standards of Chapter 20.48 BMC. (Ord. 4950 §8 (Exh. A) (part), 2005) 20.88.090 LANDSCAPING REQUIREMENTS. Landscaping shall meet the standards of Chapter 20.50 BMC. (Ord. 4950 §8 (Exh. A) (part), 2005) 20.88.100 SIGN STANDARDS. Signage shall meet the standards of Chapter 20.52 BMC. For freestanding signs, the maximum size and height standards of Figure 20.52(a) shall apply. (Ord. 4950 §8 (Exh. A) (part), 2005) 20.90-1 (Revised 6/08) Bremerton Municipal Code 20.90.060 Chapter 20.90 INDUSTRIAL PARK (IP) Sections: 20.90.010 INTENT. 20.90.020 OUTRIGHT PERMITTED USES. 20.90.040 CONDITIONAL USES. 20.90.060 DEVELOPMENT STANDARDS. 20.90.070 DESIGN STANDARDS. 20.90.080 PARKING REQUIREMENTS. 20.90.090 LANDSCAPING REQUIREMENTS. 20.90.100 SIGNS STANDARDS. 20.90.010 INTENT. The intent of the industrial park (IP) zone is to pro- vide an environment for and conducive to a broad range of existing and future light industrial, office and large retail uses. The industrial park (IP) zone ensures a well planned complex with attention to landscaping and architectural features. Site design in the industrial park (IP) zone ensures compatibility with neighboring less intense uses, and provides a high-quality environment for the conduct of business. (Ord. 4950 §8 (Exh. A) (part), 2005) 20.90.020 OUTRIGHT PERMITTED USES. The following uses are permitted outright: (a) Automobile service and repair; (b) Car wash; (c) Community facility; (d) Day care facility; (e) Drive-through facility; (f) Entertainment uses; (g) Finance, insurance and real estate; (h) Gas station; (i) General and large retail; (j) General office and business services; (k) Kennel; (l) Light industrial/manufacturing; (m) Medical office; (n) Nursery and greenhouse; (o) Outdoor athletic field and sports complex; (p) Outdoor storage; (q) Physical fitness and health club; (r) Public administration; (s) Recycling collection station; (t) Restaurant; (u) Schools and education uses; (v) Transportation facility; (w) Veterinary clinic; (x) Warehousing; (y) Wireless telecommunications facility per BMC 20.46.140; (z) Worship and religious facility. (Ord. 5008 §22, 2007: Ord. 4950 §8 (Exh. A) (part), 2005) 20.90.040 CONDITIONAL USES. The following uses may be permitted, provided a conditional use permit is approved pursuant to BMC 20.58.020: (a) Heavy industrial/manufacturing, provided: (1) The applicant can demonstrate that the use will not significantly detract from the visual character as seen from public rights-of-way or any adjacent lot. Unkempt or unsightly storage, refuse, yard, or equip- ment areas are elements with potential to negatively impact visual character; (2) No odor, dust or smoke byproduct will be clearly detectable on any abutting commercial or resi- dential lot; (3) All standards of the noise levels ordi- nance, Chapter 6.32 BMC, are met; (4) No unshielded light or glare will be visible during periods of darkness in a residential zone. (Ord. 4950 §8 (Exh. A) (part), 2005) 20.90.060 DEVELOPMENT STANDARDS. Lot development requirements shall be in accor- dance with the following standards unless allowed for by law otherwise: (a) Minimum front yard setback: fifteen (15) feet, except twenty (20) feet from residentially zoned lots including residentially zoned lots across a public right- of-way from the IP zone. (b) Minimum side yard setback: ten (10) feet, except when adjacent to the low density residential zone (R-10) where a ten (10) to twenty (20) foot visual screen is required pursuant to BMC 20.50.050(b). (c) Minimum rear yard setback: ten (10) feet, except when adjacent to the low density residential zone (R-10) where a ten (10) to twenty (20) foot visual screen is required pursuant to BMC 20.50.050(b). (d) Maximum building height: fifty (50) feet; pro- vided, that where abutting a residential zone, structures shall be set back one (1) additional foot for each addi- tional foot of height above thirty-five (35) feet. (e) Maximum building coverage: eighty-five (85) percent, provided all setbacks and landscape require- ments are met. (f) Maximum development coverage: eighty-five (85) percent, provided all setbacks and landscape requirements are met. (Ord. 5046 §29, 2008; Ord. 4950 §8 (Exh. A) (part), 2005) (Revised 6/08)20.90-2 20.90.070 20.90.070 DESIGN STANDARDS. Development in the industrial park zone shall meet the following standards: (a) Outdoor storage areas shall be screened from all adjacent property lines with one (1) of the following types: (1) A solid view-obscuring fence or wall at least eight (8) feet in height; (2) A densely planted, view-obscuring ever- green shrub or hedge at least eight (8) feet in height, and thirty (30) inches in depth; (b) Outdoor storage of materials exceeding fifteen (15) feet in height shall not be located within thirty-five (35) feet of any property line. (c) Drive-through facilities and drive-through lanes shall be accessed from the rear of a site and run along an interior lot line or building elevation. (Ord. 4950 §8 (Exh. A) (part), 2005) 20.90.080 PARKING REQUIREMENTS. Parking shall meet the standards of Chapter 20.48 BMC. (Ord. 4950 §8 (Exh. A) (part), 2005) 20.90.090 LANDSCAPING REQUIREMENTS. Landscaping shall meet the standards of Chapter 20.50 BMC. (Ord. 5046 §30, 2008: Ord. 4950 §8 (Exh. A) (part), 2005) 20.90.100 SIGNS STANDARDS. Signs shall meet the standards of Chapter 20.52 BMC. For freestanding signs, the maximum size and height standards of Figure 20.52(a) shall apply. (Ord. 4950 §8 (Exh. A) (part), 2005) 20.92-1 (Revised 6/08) Bremerton Municipal Code 20.92.060 Chapter 20.92 EMPLOYMENT CENTER (EC) Sections: 20.92.010 INTENT. 20.92.020 OUTRIGHT PERMITTED USES. 20.92.040 CONDITIONAL USES. 20.92.060 DEVELOPMENT STANDARDS. 20.92.070 DESIGN STANDARDS. 20.92.080 PARKING REQUIREMENTS. 20.92.090 LANDSCAPING REQUIREMENTS. 20.92.100 SIGN STANDARDS. 20.92.010 INTENT. The intent of the employment center (EC) zone is to offer a well planned and designed environment where a potentially large employee population is offered the option to live near places of employment. The EC zone provides for integration of employment activities with housing and commercial activities scaled to serve the employee population at the center, thereby reducing home-to-workplace commute trips. Employment cen- ters create large numbers of jobs in uses to include office and services. (Ord. 4950 §8 (Exh. A) (part), 2005) 20.92.020 OUTRIGHT PERMITTED USES. The following uses are permitted outright: (a) Co-location of wireless telecommunications facilities per BMC 20.46.140; (b) Community use facility; (c) Day care facility, all; (d) General office and business services; (e) Finance, insurance and real estate (no drive- through facilities); (f) General retail (no drive-through facilities); (g) Hotels and lodging places; (h) Medical offices; (i) Outdoor athletic fields; (j) Park playgrounds and open space, and parks; (k) Personal service business; (l) Physical fitness and health clubs; (m) Public administration; (n) Residential uses of the following types: (1) Group residential facility - Class I; (2) Multi-unit structure; (3) Nursing convalescent home; (4) Senior housing complex; (5) Single unit structure, attached or detached; (6) Townhouse; (o) Restaurants and drinking places (no drive- through facilities); (p) Schools and education uses; (q) Transportation facility; (r) Veterinary clinic; (s) Worship and religious facility. (Ord. 5008 §23, 2007: Ord. 4950 §8 (Exh. A) (part), 2005) 20.92.040 CONDITIONAL USES. The following uses may be permitted, provided a conditional use permit is approved pursuant to BMC 20.58.020: (a) Light industrial/manufacturing, provided: (1) No odor, dust or smoke byproduct will be clearly detectable on any abutting commercial or resi- dential lot; (2) All standards of the noise levels ordi- nance, Chapter 6.32 BMC, are met; (3) No unshielded light or glare will be visible during periods of darkness on adjacent commercial or residential lots; (4) The applicant can demonstrate that the use will not significantly detract from the visual character as seen from public rights-of-way or any adjacent lot. Unkempt or unsightly storage, refuse, yard, or equip- ment and mechanical areas are elements with potential to negatively impact visual character. (Ord. 4950 §8 (Exh. A) (part), 2005) 20.92.060 DEVELOPMENT STANDARDS. Development shall be in accordance with the fol- lowing standards: (a) Minimum density for residential uses: fifteen (15) dwelling units/acre; (b) Minimum side yard setback: zero (0), except when adjacent to the low density residential zone (R-10) where a ten (10) to twenty (20) foot visual screen is required pursuant to BMC 20.50.050(b); (c) Minimum rear yard setback: zero (0), except when adjacent to the low density residential zone (R-10) where a ten (10) to twenty (20) foot visual screen is required pursuant to BMC 20.50.050(b); (d) Minimum front yard setback requirements: zero (0), except that for residential uses with garages facing a public right-of-way, the garage shall have a set- back five (5) feet greater than that of the principal struc- ture; (e) Maximum building coverage: sixty-five (65) percent base maximum; provided, that through the use of any combination of the following, building coverage may be increased to a maximum of eighty-five (85) per- cent: (1) Projects with two or more stories: ten (10) percent bonus; (2) Projects containing mixed uses: ten (10) percent bonus; (Revised 6/08)20.92-2 20.92.070 (3) Projects incorporating at least fifty (50) percent of required parking underground or within the structure: twenty (20) percent bonus; (f) No maximum development coverage, provided all setbacks and landscaping requirements are met; (g) Maximum Building Height. Eighty (80) feet for residential uses and sixty (60) feet for nonresidential uses. For mixed uses, the building height will be based on the use that predominately (fifty (50) percent or greater) occupies the structure. (Ord. 5046 §31, 2008; Ord. 4971 §18, 2006; Ord. 4950 §8 (Exh. A) (part), 2005) 20.92.070 DESIGN STANDARDS. (a) Blank Facades. The horizontal dimension of any structure facing the perimeter of the site along a public right-of-way shall provide one (1) of the follow- ing visual treatments for a width of twenty (20) feet at intervals not to exceed one hundred (100) feet: (1) An offset with a minimum depth of five (5) feet; (2) A facade material, texture or color that is visually different and distinct from that of the base material, texture or color; (b) Structures containing general retail uses, res- taurant uses, drinking place uses, or personal service business uses shall have the following features: (1) Large windows along any facade facing the public sidewalk or a sidewalk providing circulation within the site. At least sixty-five (65) percent of all such facades measured to ten (10) feet above sidewalk or surface grade shall be comprised of such windows. (2) Either a clearly identifiable entrance that is recessed or protruding at least three (3) feet, or a can- opy or overhang extending at least five (5) feet over the sidewalk in the entrance area. (Ord. 4950 §8 (Exh. A) (part), 2005) 20.92.080 PARKING REQUIREMENTS. Parking shall meet the standards of Chapter 20.48 BMC except as modified by the following: (a) Required parking for a nonresidential use may be reduced by twenty (20) percent if the project is within one thousand three hundred (1,300) feet of designated transit-oriented development. (Ord. 5046 §32, 2008: Ord. 4950 §8 (Exh. A) (part), 2005) 20.92.090 LANDSCAPING REQUIREMENTS. Landscaping shall meet the standards of Chapter 20.50 BMC. (Ord. 5046 §33, 2008: Ord. 4950 §8 (Exh. A) (part), 2005) 20.92.100 SIGN STANDARDS. Signage shall meet the standards of Chapter 20.52 BMC. For freestanding signs, the maximum size and height standards of Figure 20.52(a) shall apply. (Ord. 4950 §8 (Exh. A) (part), 2005) 20.94-1 (Revised 6/08) Bremerton Municipal Code 20.94.100 Chapter 20.94 INDUSTRIAL (I) Sections: 20.94.010 INTENT. 20.94.020 OUTRIGHT PERMITTED USES. 20.94.030 CONDITIONAL USES. 20.94.060 DEVELOPMENT STANDARDS. 20.94.080 PARKING REQUIREMENTS. 20.94.090 LANDSCAPING REQUIREMENTS. 20.94.100 SIGN STANDARDS. 20.94.010 INTENT. The intent of the industrial (I) zone is to accommo- date light and heavy industrial uses in locations where there is limited interaction with residential uses. Uses include large-scale and/or heavy industries in a manner that reduces impact to the community while meeting industry’s needs for easy access, large sites, and loca- tions that do not cause conflicts with residential and other less intense use areas. (Ord. 4950 §8 (Exh. A) (part), 2005) 20.94.020 OUTRIGHT PERMITTED USES. The following uses are permitted: (a) Automobile service and repair; (b) Car wash; (c) Drive-through facility; (d) Gas station; (e) General office and business services over five thousand (5,000) gross square feet; (f) Heavy industrial/manufacturing; (g) Kennel; (h) Light industrial/manufacturing; (i) Nursery and greenhouse; (j) Outdoor storage; (k) Public administration; (l) Recycling collection station; (m) Outdoor athletic fields; (n) Stadiums and sports complex; (o) Transportation facility; (p) Veterinary clinic; (q) Warehousing; (r) Wireless telecommunications facilities per BMC 20.46.140. (Ord. 5008 §24, 2007: Ord. 4950 §8 (Exh. A) (part), 2005) 20.94.030 CONDITIONAL USES. The following uses may be permitted, provided a conditional use permit pursuant to BMC 20.58.020 is approved: (a) Junk yard, provided: (1) The use is not adjacent to a residentially zoned lot; (2) A view-obscuring screen consisting of a solid wall or dense evergreen shrub to a height of ten (10) feet is provided along all lot lines. (b) Adult business as defined in BMC 20.46.110. (c) Group residential facility - Class II, provided the facility will not create an operational conflict with the efficiency of large-scale industrial uses. (Ord. 4950 §8 (Exh. A) (part), 2005) 20.94.060 DEVELOPMENT STANDARDS. Lot development requirements shall be in accor- dance with the following standards unless otherwise allowed by law: (a) Minimum front yard setback: ten (10) feet, except twenty (20) feet where abutting or across a public right-of-way from a residential zone; (b) Minimum side yard setback: zero (0) except when adjacent to the low density residential zone (R-10) where a ten (10) to twenty (20) foot visual screen is required pursuant to BMC 20.50.050(b); (c) Minimum rear yard setback: zero (0) except when adjacent to the low density residential zone (R-10) where a ten (10) to twenty (20) foot visual screen is required pursuant to BMC 20.50.050(b); (d) No maximum building coverage, provided all setbacks and landscaping standards are met; (e) No maximum development coverage, provided all setbacks and landscaping standards are met; (f) Maximum building height: fifty (50) feet for structures intended for human occupancy, and no height limit for unoccupied structures such as cranes, antennas, and mechanical apparatuses employed in industry, pro- vided setback requirements are met; (g) Where abutting a residential zone, structures shall be set back one (1) additional foot for each addi- tional foot of height above thirty-five (35) feet. (Ord. 5046 §34, 2008; Ord. 4950 §8 (Exh. A) (part), 2005) 20.94.080 PARKING REQUIREMENTS. Off-street parking shall be provided in accordance with Chapter 20.48 BMC. (Ord. 4950 §8 (Exh. A) (part), 2005) 20.94.090 LANDSCAPING REQUIREMENTS. Landscaping shall be provided per the requirements set forth in Chapter 20.50 BMC. (Ord. 5046 §35, 2008: Ord. 4950 §8 (Exh. A) (part), 2005) 20.94.100 SIGN STANDARDS. Signs shall meet the requirements set forth in Chap- ter 20.52 BMC. For freestanding signs, the maximum size and height standards of Figure 20.52(a) shall apply. (Ord. 4950 §8 (Exh. A) (part), 2005) 20.98-1 (Revised 6/08) Bremerton Municipal Code 20.98.100 Chapter 20.98 INSTITUTIONAL (INST) Sections: 20.98.010 INTENT. 20.98.020 OUTRIGHT PERMITTED USES. 20.98.030 ACCESSORY USES. 20.98.060 DEVELOPMENT STANDARDS. 20.98.080 PARKING REQUIREMENTS. 20.98.090 LANDSCAPING REQUIREMENTS. 20.98.100 SIGN STANDARDS. 20.98.010 INTENT. The intent of the institutional (INST) zone is to pro- vide for continued operation and facilitate managed growth of existing major institutions within the City. Institutions in the zone shall also be compatible with surrounding neighborhoods. Major institutions include the Olympic College campus, and the Harrison Hospi- tal. (Ord. 4950 §8 (Exh. A) (part), 2005) 20.98.020 OUTRIGHT PERMITTED USES. The following uses are permitted: (a) Co-location of wireless telecommunications facilities per BMC 20.46.140; (b) Community facility; (c) General office and business services; (d) General retail associated with an institution; (e) Higher education and colleges; (f) Hospitals; (g) Medical offices and clinics; (h) Outdoor athletic fields and park playground and open spaces; (i) Parking as a principal use; (j) Public administration; (k) Residential uses of the following types: (1) Group residential facility - Class I; (2) Nursing convalescent home; (3) Senior housing complex; (4) Single-unit dwelling unit, detached; (5) Single-unit dwelling unit, attached; (l) Restaurants (no drive-through facilities); (m) Schools and education uses; (n) Transportation facility; (o) Welfare and charitable services and facility; (p) Worship and religious facility. (Ord. 4950 §8 (Exh. A) (part), 2005) 20.98.030 ACCESSORY USES. Any subordinate use with a direct connection to or association with the core functions of a higher education college or a hospital may be permitted by the Director as an accessory use. (Ord. 4950 §8 (Exh. A) (part), 2005) 20.98.060 DEVELOPMENT STANDARDS. Development shall be in accord with the following standards: (a) Minimum front yard setback: zero (0), except ten (10) feet where adjacent to any lot not within the institutional zone; (b) Minimum side yard setback: zero (0), except when adjacent to the low density residential zone (R-10) where a ten (10) to twenty (20) foot visual screen is required pursuant to BMC 20.50.050(b); (c) Minimum rear yard setback: zero (0), except when adjacent to the low density residential zone (R-10) where a ten (10) to twenty (20) foot visual screen is required pursuant to BMC 20.50.050(b); (d) Maximum height: eighty-five (85) feet, pro- vided all upper level setback requirements are met; (e) Upper level setbacks: where adjacent to any lot not within the institutional (INST) zone, structures shall be set back one (1) additional foot for each additional foot of height above thirty-five (35) feet. (Ord. 5046 §36, 2008; Ord. 4950 §8 (Exh. A) (part), 2005) 20.98.080 PARKING REQUIREMENTS. Parking shall meet the standards of Chapter 20.48 BMC. (Ord. 4950 §8 (Exh. A) (part), 2005) 20.98.090 LANDSCAPING REQUIREMENTS. Landscaping shall meet the standards of Chapter 20.50 BMC. (Ord. 4950 §8 (Exh. A) (part), 2005) 20.98.100 SIGN STANDARDS. Signage shall meet the standards of Chapter 20.52 BMC. (Ord. 4950 §8 (Exh. A) (part), 2005) Number Subject Tables-3 (Revised 6/08) 4923 Number not used 4924 Adds § 3.48.076; amends §§ 3.48.030, 3.48.050 and 3.48.090, business and occupation taxes (3.48) 4925 Amends 2004 budget (Special) 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, 20.78, 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) Number Subject (Revised 6/08)Tables-4 4960 Amends 2005 budget (Special) 4961 Amends § 15.06.015, Appendix A (15.06) 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, 20.82, 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) Number Subject Tables-5 (Revised 6/08) 4997 Annexation (Special) 4998 Amends § 20.80.080, subarea plans, and comprehensive plan (20.80) 4999 Rezone (Special) 5000 Amends §§ 6.04.020, 6.04.040 and 7.05.010, garbage and refuse, livestock (6.04, 7.05) 5001 Adds Ch. 2.36 [2.38]; amends Ch. 3.64; repeals Res. Nos. 2666 and 2772, lodging tax (2.38, 3.64) 5002 Annexation (Defeated by voter referendum) 5003 Amends § 2.09.020 and Ch. 2.30, civil service (2.09, 2.30) 5004 Repeals and replaces Ch. 2.74, travel authorization and expense reimbursement (2.74) 5005 Amends §§ 10.12.030(a) and 13.04.140; repeals § 13.04.090, parks (10.12, 13.04) 5006 Adds § 9A.12.020, alcoholic beverages in public places (9A.12) 5007 Amends § 2.92.040, insurance programs (2.92) 5008 Adds and amends definitions in Ch. 20.40 [20.42]; amends §§ 17.04.040, 20.46.010, 20.46.020, 20.50.050, 20.60.060, 20.60.065, 20.60.100, 20.62.020, 20.62.060, 20.64.020, 20.64.060, 20.66.020, 20.70.020, 20.70.060, 20.74.020, 20.75.020, 20.76.020, 20.79.060, 20.84.020, 20.90.020, 20.92.020 and 20.94.020, zoning (17.04, 20.42, 20.46, 20.50, 20.60, 20.62, 20.64, 20.66, 20.70, 20.84, 20.90, 20.92, 20.94) 5009 Adds Ch. 15.05; amends § 15.03.210, fats, oils and grease (15.03, 15.05) 5010 (Tabled) 5011 Water and sewer revenue bond (Special) 5012 Cable franchise (Special) 5013 Alley vacation (Special) 5014 Street vacation (Special) 5015 Amends Rate Table C of Ch. 3.01 and §§ 17.04.020 and 17.04.030; repeals and replaces § 17.04.110; repeals §§ 17.04.050, 17.04.060, 17.04.070, and 17.04.120 and Ch. 17.56, building codes (3.01, 17.04) 5016 Amends Ch. 18.02, fire code (18.02) 5017 Amends Ch. 9.48, fireworks (9.48) 5018 Adds Ch. 10.42, automated traffic safety cameras (10.42) 5019 Approves reimbursement agreement (Special) 5020 Adds § 17.60.325; amends §§ 17.60.050, 17.60.070, 17.60.240, 17.60.310, 17.60.320 and 17.60.330, floodplain management (17.60) 5021 Amends Ch. 3.36, contingency reserve fund (3.36) 5022 Amends 2007 budget (Special) 5023 Amends §§ 11.02.040, 11.02.090, 11.02.110, 11.02.190, 11.02.200, 11.02.210, 11.02.220 and 11.02.260, right-of-way use (11.02) 5024 Amends Ch. 2.14, investment committee (2.14) 5025 Amends §§ 20.80.020 and 20.80.080, zoning (20.80) 5026 Amends § 15.01.020(i), Appendix A of § 15.06.015, and § 15.06.050, utilities (15.01, 15.06) 5027 2008 tax levy (Special) 5028 Amends Chs. 3.48 and 3.86, business and occupation tax, administrative provisions (3.48, 3.86) 5029 Amends § 2.06.040, city attorney (2.06) 5030 Amends Appendix A of § 15.06.015, utility assessments, rates, fees and charges (15.06) 5031 Amends § 3.01.060 and Rate Tables A, E, F and G of Ch. 3.01, rates and fees (3.01) 5032 Adopts 2008 budget (Special) 5033 Amends 2007 budget (Special) 5034 Amends comprehensive plan and § 20.80.080, zoning (20.80) 5035 (Pulled) 5036 Amends Ch. 3.78, multifamily property tax exemption (3.78) 5037 Amends comprehensive plan (Special) 5038 Rezone (Special) 5039 Repeals and replaces Ch. 9.92, chronic nuisance properties (9.92) Number Subject (Revised 6/08)Tables-6 5040 Amends Ch. 2.88, disability action committee (2.88) 5041 Amends Ch. 13.08, recreational vessels on Kitsap Lake (13.08) 5042 Adds § 2.26.210, emergency management organization (2.26) 5043 Recodifies Ch. 2.36 as 2.38, lodging tax advisory committee (2.38) 5044 Amends §§ 3.48.030 and 3.48.090, business and occupation taxes (3.48) 5045 Street vacation (Special) 5046 Amends definition in Ch. 20.42; amends § 20.48.080, Ch. 20.50, § 20.52.070(a), Figure 20.52(a), §§ 20.62.060(a), 20.62.070, 20.62.090, 20.64.060(a), 20.64.070, 20.64.090, 20.66.060(b) and (c), 20.66.070(b), 20.70.060(b) and (c), 20.70.070(b), Ch. 20.79, §§ 20.82.060(b) and (c), 20.82.090, 20.84.060(b) and (c), 20.84.090, 20.86.060(b) and (c), 20.88.060(b) and (c), 20.88.070, 20.90.060(b) and (c), 20.90.090, 20.92.060(b) and (c), 20.92.080, 20.92.090, 20.94.060(b) and (c), 20.94.090 and 20.98.060(b) and (c); repeals and replaces Chs. 20.74, 20.75 and 20.76; repeals Figure 20.74(a), zoning (20.42, 20.48, 20.50, 20.52, 20.62, 20.64, 20.66, 20.70, 20.74, 20.75, 20.76, 20.79, 20.82, 20.84, 20.86, 20.88. 20.90, 20.92, 20.94, 20.98) 5047 Amends § 2.02.010, city council (2.02) 5048 Street vacation (Special) 5049 Street vacation (Special) 5050 Alley vacation (Special) 5051 Amends Appendix A of § 15.06.015, utility assessments, rates, fees and charges (15.06)