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HomeMy WebLinkAbout12 bremerton0510_supp12SUPPLEMENT DIRECTIONS BREMERTON MUNICIPAL CODE Supplement No. 12 – May 2010 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 5110, passed April 21, 2010. Remove these pages Insert these pages Title 1 1.06-1 – 1.06-3 .......................................... 1.06-1 – 1.06-2 Title 2 Table of Contents .................................. Table of Contents 2.05-1 ....................................................................... 2.05-1 2.07-1 .............................................................................. — 2.62-1 – 2.62-2 .......................................... 2.62-1 – 2.62-2 Title 3 3.01-1 – 3.01-2 .......................................... 3.01-1 – 3.01-2 3.01-E1 – 3.01-E2 ................................. 3.01-E1 – 3.01-E2 3.01-F1 – 3.01-F11 .............................. 3.01-F1 – 3.01-F12 3.50-1 – 3.50-3 .......................................... 3.50-1 – 3.50-3 3.78-7 – 3.78-8 .......................................... 3.78-7 – 3.78-8 Title 6 6.32-1 – 6.32-4 .......................................... 6.32-1 – 6.32-4 Title 15 15.01-3 – 15.01-6 ............................... 15.01-3 – 15.01-6.2 15.06-1 – 15.06-2 .................................. 15.06-1 – 15.06-2 15.06-7 ................................................................... 15.06-7 15.06-A1 – 15.06-A8 ....................... 15.06-A1 – 15.06-A8 15.08-1 ................................................................... 15.08-1 Title 18 18.02-13 – 18.02-14 .......................... 18.02-13 – 18.02-14 18.06-1 – 18.06-4 .................................. 18.06-1 – 18.06-4 Title 20 20.02-1 – 20.02-10 ................................ 20.02-1 – 20.02-9 20.40-5 ................................................................... 20.40-5 20.42-3 – 20.42-14 .............................. 20.42-3 – 20.42-14 20.46-5 – 20.46-8 .................................. 20.46-5 – 20.46-8 20.60-1 – 20.60-4 ............................... 20.60-1 – 20.60-4.2 20.80-1 – 20.80-3 .................................. 20.80-1 – 20.80-3 (Revised 5/10) Updated by: _______ Dated: ____________ Remove these pages Insert these pages Tables 3 – 6 ........................................................................... 3 – 7 Please call Code Publishing Company (206-527-6831) should questions arise while removing and replacing supplement pages. (Revised 5/10) 1.06-1 (Revised 5/10) Chapter 1.06 PUBLIC RECORDS Sections: 1.06.010 AUTHORITY AND PURPOSE. 1.06.020 PUBLIC RECORDS OFFICER. 1.06.030 SCOPE OF RULES AUTHORIZED. 1.06.040 AUTHORITY TO AMEND RULES. 1.06.050 AUTHORITY TO PUBLISH RULES. 1.06.060 COSTS OF PROVIDING PUBLIC RECORDS. 1.06.070 INTERPRETATION OF RULES. 1.06.080 REVIEW OF DENIAL OF REQUEST. 1.06.090 OPT OUT OF INDEX OF RECORDS. 1.06.010 AUTHORITY AND PURPOSE. (a) The Washington State Public Records Act (the Act) requires public agencies such as Bremerton to make nonexempt "public records" available for inspec- tion and copying in accordance with published rules. The Act defines "public records" to include any "writing containing information relating to the conduct of gov- ernment or the performance of any governmental or pro- prietary function prepared, owned, used, or retained" by the agency. (b) The City Clerk is hereby authorized to estab- lish and publish Bremerton Public Records Act rules to provide the public with full access to public records con- sistent with the Act. (Ord. 5080 §1 (part), 2009: Ord. 4964 §1 (in part), 2006) 1.06.020 PUBLIC RECORDS OFFICER. The City Clerk, or his or her designee, shall be the Public Records Officer for the City and is authorized to establish and implement policies and procedures for responding to requests for public records. (Ord. 5080 §1 (part), 2009: Ord. 4964 §1 (in part), 2006) 1.06.030 SCOPE OF RULES AUTHORIZED. As required by law or to the extent deemed neces- sary or appropriate, the Bremerton Public Records Act rules will contain: (a) A description of Bremerton City services, the Public Records Officer’s contact information, the hours and location for inspection of public records and the Public Records Officer’s responsibilities under the Pub- lic Records Act; (b) The procedure for making, responding to, inspecting and copying records requests; protecting records from damage or disorganization; preventing excess interference with Bremerton’s other essential functions; protecting the rights of others; providing "fullest assistance" to requestors and timely action on public records requests; (c) For informational purposes, a list of laws in addition to the Act that exempts or prohibits the disclo- sure of public records held by Bremerton; (d) Definitions as necessary or appropriate related to the Act. (Ord. 5080 §1 (part), 2009: Ord. 4964 §1 (in part), 2006) 1.06.040 AUTHORITY TO AMEND RULES. The City Clerk shall have the authority to amend the Bremerton Public Records Act rules as necessary or appropriate to conform to laws or, as appropriate, to enhance services to the public, protect privacy, and/or increase efficiency in administering the Act to the fullest extent permitted by law. (Ord. 5080 §1 (part), 2009: Ord. 4964 §1 (in part), 2006) 1.06.050 AUTHORITY TO PUBLISH RULES. The Public Records Officer shall make the Bremer- ton Public Records Act rules readily available to the public in electronic and paper mediums. (Ord. 5080 §1 (part), 2009: Ord. 4964 §1 (in part), 2006) 1.06.060 COSTS OF PROVIDING PUBLIC RECORDS. (a) Fees for Records. The fees for the costs of duplication and production of copies, whether photo- copying or other form of duplication, including, but not limited to, electronic copies of records, shall be as estab- lished in Chapter 3.01 BMC, Rate Table A. If the requested record is an eight and one-half (8-1/2) by fourteen (14) inch page or smaller, the first fifty (50) pages responsive to a request are free of charge. In addi- tion to these fees, each department may: (1) Establish fees for records that do not fall into one (1) of the categories set forth in Chapter 3.01 BMC, Rate Table A. The department’s fee schedule shall be available for inspection upon request. (Ord. 5080 §1 (part), 2009: Ord. 4964 §1 (in part), 2006. For- merly 1.06.090) 1.06.070 INTERPRETATION OF RULES. The Act and the rules will be liberally construed consistent with the Act’s intent and case law, including in favor of disclosure as provided by law. (Ord. 5080 §1 (part), 2009: Ord. 4964 §1 (in part), 2006. Formerly 1.06.100) (Revised 5/10)1.06-2 1.06.080 REVIEW OF DENIAL OF REQUEST. The Bremerton Public Records Act rules shall pro- vide for obtaining internal administrative review of denials, in whole or part, of public records requests. (Ord. 5080 §1 (part), 2009) 1.06.090 OPT OUT OF INDEX OF RECORDS. (a) Findings. (1) RCW 42.56.070 requires all cities and public agencies to maintain and make available a current index of all public records. (2) RCW 42.56.070(4)(a) provides that if maintaining such an index would be unduly burden- some, or would interfere with agency operation, a City need not maintain such an index but it must issue and publish a formal order specifying the reasons why and the extent to which compliance would be unduly bur- densome. (3) The City of Bremerton is comprised of departments, their divisions and subdivisions, which maintain separate databases and/or record-keeping sys- tems for the indexing of records and information. (4) Because the City has records which are diverse, complex and stored in multiple locations and in multiple computer systems and databases, it is unduly burdensome, if not physically impossible, to maintain a central index of records. (5) The City of Bremerton will make avail- able for inspection and/or copying all nonexempt public records, including any indexes that are maintained by the City pursuant to the Public Disclosure Act, Chapter 42.56 RCW. (b) Order Regarding Public Records. Based upon the findings set forth in subsection (a) of this section, and pursuant to RCW 42.56.070(4)(a), the City Council orders the following: (1) The City of Bremerton is not required to maintain a current index of public records due to find- ings of the City Council that the requirement is unduly burdensome and such a list is nearly impossible to create and/or maintain; and (2) Pursuant to Chapter 42.56 RCW, the City of Bremerton shall make available for public inspection and/or copying all public records and any indexes of public records maintained by the City to the extent not exempt from inspection and/or copying pursuant to Chapter 42.56 RCW or other applicable law. (Ord. 5080 §1 (part), 2009: Ord. 4964 §1 (in part), 2006. Formerly 1.06.110) (Revised 5/10) Title 2 ADMINISTRATION AND PERSONNEL Chapters: 2.01 ELECTED OFFICIALS - PERS 2.02 CITY COUNCIL 2.03 MAYOR 2.05 DEPARTMENTS AND DIRECTORS 2.06 OFFICE OF THE CITY ATTORNEY 2.09 DEPARTMENT OF FINANCIAL SERVICES 2.10 DEPARTMENT OF PUBLIC WORKS AND UTILITIES 2.12 PLANNING COMMISSION 2.13 ADMINISTRATIVE HEARING EXAMINER 2.14 INVESTMENT COMMITTEE 2.15 DEPARTMENT OF COMMUNITY DEVELOPMENT 2.16 FIRE DEPARTMENT 2.17 PARKS AND RECREATION DEPARTMENT 2.18 AUDIT COMMITTEE AND CITY AUDITOR 2.19 POLICE DEPARTMENT 2.20 BONDS FOR OFFICERS 2.26 EMERGENCY MANAGEMENT ORGANIZATION 2.28 EQUAL EMPLOYMENT OPPORTUNITY PROGRAM 2.30 CIVIL SERVICE 2.32 ARTS COMMISSION 2.34 GOLD MOUNTAIN GOLF COMPLEX BOARD OF DIRECTORS 2.36 DESIGN REVIEW BOARD 2.38 LODGING TAX ADVISORY COMMITTEE 2.46 EMPLOYEE AWARD PROGRAM 2.48 EMPLOYEES IN MILITARY 2.50 MANAGEMENT AND PROFESSIONAL STAFF COMPENSATION PROGRAM 2.62 BREMERTON MUNICIPAL COURT 2.74 TRAVEL AUTHORIZATION AND EXPENSE REIMBURSEMENT 2.76 PROCUREMENT AND DISPOSAL CODE 2.78 REAL PROPERTY TRANSACTIONS 2.82 NAMING OF PARKS AND PUBLIC FACILITIES 2.88 DISABILITY ACTION COMMITTEE 2.90 INDEMNITY OF PERSONNEL 2.92 OFFICE OF RISK MANAGEMENT 2.96 CODE OF ETHICS (Revised 5/10) 2.98 BREMERTON RESERVE OFFICER BOARD OF TRUSTEES 2.100 PUBLIC ACCESS CITIZENS ADVISORY COMMITTEE 2.05-1 (Revised 5/10) Chapter 2.05 DEPARTMENTS AND DIRECTORS Sections: 2.05.010 DEPARTMENTS. 2.05.020 APPOINTMENT AND CONFIRMATION OF DEPARTMENT DIRECTORS. 2.05.010 DEPARTMENTS. Departments of the City of Bremerton are created pursuant to the chapters and their provisions as follows: (Ord. 5110 §1, 2010: Ord. 4966 §2, 2006: Ord. 4900 §2, 2004; Ord. 4810, Added, 09/14/2002) 2.05.020 APPOINTMENT AND CONFIRMATION OF DEPARTMENT DIRECTORS. (a) Mayoral appointments of department directors shall be subject to confirmation by the City Council. Prior to an appointment or a provisional appointment to a newly created department director’s position or prior to confirmation of an appointment to a vacancy of department director’s position, a job description for the position as well as the anticipated employment contract, if any, shall be submitted to the City Council for review and approval. The appointment and confirmation shall be pursuant to the terms and conditions as approved by the City Council. The Mayor may make provisional appointments to fill the vacancy of a department direc- tor. No provisional appointment(s) to a non-civil service department director’s position shall extend beyond one hundred twenty (120) days from the date of original appointment without the consent of the City Council. Provisional appointments to a civil service department director’s position shall be made pursuant to civil ser- vice rules. Upon the provisional appointment to a vacancy, the Administration shall notify City Council of such appointment. (b) The appointees, when confirmed, shall serve as "at will" employees subject to termination by the Mayor without cause at any time with no notice or hearing unless otherwise provided pursuant to applicable civil service rule or regulation, the City Charter, ordinance, or terms and conditions as approved by the City Coun- cil. (c) Pursuant to the City Charter, the City Attorney may be removed by the Mayor with the concurrence of a majority of the City Council sitting as a whole, or by the City Council alone; provided, that removal by the City Council alone shall require a two-thirds (2/3) vote of the entire City Council. (Ord. 4867 §1, 2003; Ord. 4810, Added, 09/14/2002) Chapter 2.06 Office of the City Attorney Chapter 2.09 Department of Financial Services Chapter 2.10 Department of Public Works and Utilities Chapter 2.15 Department of Community Development Chapter 2.16 Fire Department Chapter 2.17 Parks and Recreation Department Chapter 2.19 Police Department 2.62-1 (Revised 5/10) Chapter 2.62 BREMERTON MUNICIPAL COURT Sections: 2.62.010 ORGANIZATION OF MUNICIPAL COURT. 2.62.020 MUNICIPAL JUDGE - APPOINTMENT - QUALIFICATIONS AND TERM. 2.62.030 SESSIONS OF THE COURT. 2.62.035 MUNICIPAL JUDGE - SALARY AND BENEFITS. 2.62.040 JUDGES PRO TEMPORE, COURT COMMISSIONERS - MUNICIPAL COURT HEARING EXAMINER. 2.62.045 MUNICIPAL COURT HEARING EXAMINER - PROCEDURE - APPEAL. 2.62.050 JUROR FEES AND MILEAGE REIMBURSEMENT. 2.62.010 ORGANIZATION OF MUNICIPAL COURT. Bremerton Municipal Court is hereby established pursuant to Chapter 3.50 RCW. (Ord. 4132 §1, 1987) 2.62.020 MUNICIPAL JUDGE - APPOINTMENT - QUALIFICATIONS AND TERM. The office of Municipal Court Judge shall be an elected position and filled pursuant to RCW 3.50. (Ord. 4473 §1, 1994; Ord. 4344 §1, 1991; Ord. 4132 §1, 1987) 2.62.030 SESSIONS OF THE COURT. The municipal court shall be open and hold such regular and special sessions as the Municipal Judge shall prescribe, provided that the court shall not be open on nonjudicial days. (Ord. 4132 §1, 1987) 2.62.035 MUNICIPAL JUDGE - SALARY AND BENEFITS. (a) The judge of the Bremerton Municipal Court shall receive in 2002 an annual salary of Ninety-one Thousand Seven Hundred Fifty-two Dollars ($91,752.00). For each year thereafter, the salary shall be adjusted by City Council action. (b) The judge of the Bremerton Municipal Court shall receive benefits provided in accordance with the Management and Professional Staff Compensation Pro- gram as set forth in BMC 2.50.040 through 2.50.080. (Ord. 4791, Amended, 03/08/2002; Ord. 4474 §1, 1994) 2.62.040 JUDGES PRO TEMPORE, COURT COMMISSIONERS - MUNICIPAL COURT HEARING EXAMINER. Pursuant to RCW 3.50.090 the presiding municipal court judge may designate one or more persons as judges pro tempore to serve in the absence or disability of the elected or duly appointed judge of the court or in addition to the elected or duly appointed judge when administration of justice and the accomplishment of the work of the court make it necessary. The qualifications of a judge pro tempore shall be the same as for judges as provided under RCW 3.50.040 except that a judge pro tempore need not be a resident of the city or county in which the municipal court is located. A judge pro tem- pore of Bremerton Municipal Court shall receive a sal- ary for each hour in which the judge pro tem serves at a rate equivalent to ninety percent (90%) of the hourly sal- ary of the Bremerton Municipal Court Judge. The municipal court judge may appoint one or more court commissioners under RCW 3.50.075. To utilize the services of judicial officers of the court for the purpose of hearing contested matters relat- ing to the interest of the City and its citizens and the operation of various departments of the City, the munic- ipal court hearing examiner is created in the municipal court. (Ord. 4798, Amended, 05/10/2002; Ord. 4791, Amended, 03/08/2002; Ord. 4716, Amended, 08/12/2000; Ord. 4526 §2, 1995; Ord. 4474 §2, 1994; Ord. 4142, §1, 1987) 2.62.045 MUNICIPAL COURT HEARING EXAMINER - PROCEDURE - APPEAL. The Municipal Court Hearing Examiner shall have jurisdiction to receive and rule on appeals by aggrieved appellants of administrative decisions after a written complaint has been denied by the Department Director or designee. Appeals to the Municipal Court Hearing Examiner from any final administrative decision cov- ered by the provisions of this chapter shall be made within seven (7) working days from the date of appel- lant’s notification of the decision. Date of mailing shall be considered date of notification. Appeals shall include the appellant’s name, address and telephone number, the written decision being appealed and the municipal code section establishing the appeal. Appeals shall be accom- panied by a filing fee, pursuant to Chapter 3.01 BMC, which shall be refunded if the appellant substantially prevails. The Municipal Court Judge shall adopt rules for scheduling and conduct of administrative hearings. Enforcement of the administrative decision being appealed to the Municipal Court Hearing Examiner shall be stayed during the pendency of an appeal which has been properly and timely filed, provided there is not imminent threat to the public’s safety and welfare. (Revised 5/10)2.62-2 The Municipal Court Hearing Examiner’s decision shall be final and conclusive unless the appellant or the City files for a writ of certiorari in Kitsap County Supe- rior Court within thirty (30) days. Procedures of this sec- tion including filing fee and appeal of the Municipal Court Hearing Examiner’s decision shall apply unless different procedures are specified in the ordinance establishing the administrative appeal. The Municipal Court Hearing Examiner shall have jurisdiction to hear and rule on complaints referred under the City’s Code of Ethics, Chapter 2.96 BMC, and to receive and rule on appeals of administrative deci- sions specified in the following titles of the Bremerton Municipal Code: (1) Health and Sanitation, Title 6; (2) Animals and Fowl, Title 7; (3) Peace, Safety and Morals, Title 9; (4) Traffic, Title 10. All references to Hearing Examiner in Chapter 2.96 BMC and these titles shall mean Municipal Court Hear- ing Examiner. (Ord. 5103 §5, 2010: Ord. 4798, Amended, 05/10/2002; Ord. 4730, Reaffirmed, 11/30/2000; Ord. 4677, Amended, 12/11/1999, Ord. 4655, Amended, 07/18/1999; Ord. 4547, Amended, 03/28/1996; Ord. 4526, §1, 1995) 2.62.050 JUROR FEES AND MILEAGE REIMBURSEMENT. Each person called to serve as a juror shall receive the same daily fee as is paid to jurors in district court; provided, that the fee shall be not less than ten dollars ($10.00) nor more than twenty-five dollars ($25.00). In addition, each person called to serve as a juror shall receive a daily mileage allowance in an amount com- puted in accordance with RCW 43.03.060. (Ord. 4142, §1, 1987) 3.01-1 (Revised 5/10) Chapter 3.01 RATES AND FEES Sections: 3.01.010 INCORPORATION OF RATE TABLES. 3.01.020 FINANCIAL SERVICES - RATE TABLE A. 3.01.030 MUNICIPAL COURT - RATE TABLE B. 3.01.040 COMMUNITY DEVELOPMENT - RATE TABLE C. 3.01.050 POLICE DEPARTMENT - RATE TABLE D. 3.01.060 FIRE DEPARTMENT - RATE TABLE E. 3.01.070 PARKS AND RECREATION DEPARTMENT - RATE TABLE F. 3.01.080 PUBLIC WORKS AND UTILITIES - RATE TABLE G. 3.01.100 NONRESIDENTIAL USE OF CITY SERVICES. 3.01.010 INCORPORATION OF RATE TABLES. The following Rate Tables A through G attached to the ordinance codified in this chapter are incorporated herein by this reference and hereby adopted. Where the City has adopted State codes pursuant to Chapters 17.04 and 18.02 BMC, State rates listed for the Uniform Building, Plumbing, Mechanical and Fire Codes are adopted as City rates as listed in Tables C and E and are subject to uniform rate changes made by the State. (Ord. 4880 §1 (in part), 2003; Ord. 4730, Reaf- firmed, 11/30/2000; Ord. 4677, Added, 12/11/1999) 3.01.020 FINANCIAL SERVICES - RATE TABLE A. Regulatory License Fees Business License Fees Parking Fees Utility/Lien Search Fees Document Reproduction Fees Check Handling Fee (Ord. 5069 §1 (part) (Exh. A), 2008; Ord. 5031 §2 (part) (Exh. A), 2007; Ord. 4964 §2 (Exh. A), 2006; Ord. 4880 §§1 (in part), 2 (in part), 2003; Ord. 4869 §1, 2003; Ord. 4859 Exh. A, 2003; Ord. 4835, Amended, 12/20/2002; Ord. 4807, Amended, 06/28/2002; Ord. 4803, Amended, 05/03/2002; Ord. 4730, Reaffirmed, 11/30/2000; Ord. 4677, Added, 12/11/1999) 3.01.030 MUNICIPAL COURT - RATE TABLE B. Hearing Examiner Appeal Parking Fines (Ord. 4880 §§1 (in part), 2 (in part), 2003; Ord. 4865 Exh. A, 2003; Ord. 4835, Amended, 12/20/2002; Ord. 4730, Reaffirmed, 11/30/2000; Ord. 4677, Added, 12/11/1999) 3.01.040 COMMUNITY DEVELOPMENT - RATE TABLE C. Subdivisions Shoreline Master Program State Environmental Policy Act (SEPA) Appeal to Hearing Examiner Abatements Building Permit Fees Plan Review Fees Mechanical Permit Fees Plumbing Permit Fees Grading Permit and Plan Review Fees Zoning Ordinance Comprehensive Plan Site Plan Review Site Development Permit Miscellaneous Fees (Ord. 5015 §9 (Exh. A), 2007; Ord. 4980 §3 (Exh. B), 2006; Ord. 4970 §5, 2006; Ord. 4968 §2 (Exh. A), 2006; Ord. 4955 §1 (part) (Exh. A), 2005; Ord. 4908 §1, 2004; Ord. 4906 §3, 2004; Ord. 4880 §§1 (in part), 2 (in part), 2003; Ord. 4730, Reaffirmed, 11/30/2000; Ord. 4677, Added, 12/11/1999) 3.01.050 POLICE DEPARTMENT - RATE TABLE D. Traffic Accident Reports Fingerprints Criminal History Check Verification Letter for Lost or Stolen Property Photo Prints Licenses for Dogs and Cats Alarm Compliance Fee Service Fee for Anti-Harassment Order Service of Arrest Warrants and Subpoenas (Ord. 5069 §1 (part) (Exh. A), 2008; Ord. 4955 §1 (part) (Exh. A), 2005; Ord. 4880 §§1 (in part), 2 (in part), 2003; Ord. 4810, Amended, 09/14/2002; Ord. 4807, Amended, 06/28/2002; Ord. 4730, Reaffirmed, 11/30/2000; Ord. 4677, Added, 12/11/1999) 3.01.060 FIRE DEPARTMENT - RATE TABLE E. Regulatory License Fees Ambulance Transport Fee (Revised 5/10)3.01-2 EMS Service Call to Assisted Living, Long-Term Care and Adult Care Facilities Fire Rescue Boat Response Hazard Materials Response Stand-By Time Active Firefighting False Alarm Fee Sprinkler/Fire Alarm Plans Fire Watch (Ord. 5095 §1 (part) (Exh. A), 2009; Ord. 5069 §1 (part) (Exh. A), 2008; Ord. 5031 §§1, 2 (part) (Exh. A), 2007: Ord. 4989 §1 (part) (Exh. A), 2006; Ord. 4955 §1 (part) (Exh. A), 2005; Ord. 4919 §1, 2004; Ord. 4880 §§1 (in part), 2 (in part), 2003; Ord. 4835, Amended, 12/20/2002; Ord. 4730, Reaffirmed, 11/30/2000; Ord. 4677, Added, 12/11/1999) 3.01.070 PARKS AND RECREATION DEPARTMENT - RATE TABLE F. Facility Use Rental Rates Sheridan Community Center - Room Rental Rates Bremerton Senior Citizens Center - Room Rental Rates Jarstad Aquatic Center Park Shelters - Reservation Fees Special Events, Celebrations, Weddings Athletic Field - Reservations Blueberry Park - P-Patch Annual Rate Lions Tennis Court Lights Program Fees and Charges New Programs Glenn Jarstad Aquatic Center Athletic Program Fees Senior Citizen Center and Recreation Division Pro- grams Ivy Green Cemetery - Fees and Charges Gold Mountain Golf Complex (Ord. 5095 §1 (part) (Exh. A), 2009; Ord. 5069 §1 (part) (Exh. A), 2008; Ord. 5031 §2 (part) (Exh. A), 2007; Ord. 4989 §1 (part) (Exh. A), 2006; Ord. 4955 §1 (part) (Exh. A), 2005; Ord. 4919 §1, 2004; Ord. 4880 §§1 (in part), 2 (in part), 3 (in part), 2003; Ord. 4835, Amended, 12/20/2002; Ord. 4803, Amended, 05/03/2002; Ord. 4730, Reaffirmed, 11/30/2000; Ord. 4728, Reaffirmed, 11/30/2000; Ord. 4677, Added, 12/11/1999; Ord. 4674, Amended, 11/30/1999) 3.01.080 PUBLIC WORKS AND UTILITIES - RATE TABLE G. Right-of-Way Use Permits Fees Right-of-Way Vacation Telecom Master Permit Fee Telecom License Fee (Ord. 5031 §2 (part) (Exh. A), 2007; Ord. 4989 §1 (part) (Exh. A), 2006; Ord. 4955 §1 (part) (Exh. A), 2005; Ord. 4880 §§1 (in part), 2 (in part), 2003; Ord. 4835, Amended, 12/20/2002; Ord. 4730, Reaffirmed, 11/30/2000; Ord. 4677, Added, 12/11/1999) 3.01.100 NONRESIDENTIAL USE OF CITY SERVICES. Non-City residents shall pay the rates shown on Rate Table F multiplied by one hundred twenty (120) percent with the exception of daily admission fees and merchandise for sale. (Ord. 4880 §1 (part), 2003; Ord. 4731, Reaffirmed, 11/30/2000; Ord. 4678, Added, 12/11/1999) 3.01-E1 (Revised 5/10) FIRE DEPARTMENT – RATE TABLE E All Rates Listed Are “Not To Exceed” Fees RATE E. FIRE DEPARTMENT 1. REGULATORY LICENSE FEES BMC 9.48 Fireworks Stands/Displays $100.00/stand/year BMC 18.06 Ambulance Services Ambulance Inspections $60.00/vehicle 2. AMBULANCE TRANSPORT FEE ALS Residents $550.00 ALS – 2 $650.00 ALS Nonresidents $650.00 BLS Residents $425.00 BLS Nonresidents $500.00 Mileage $11.00/mile 3. EMS SERVICE CALL TO ASSISTED LIVING, LONG-TERM CARE AND ADULT CARE FACILITIES $100.00 after first response per quarter 4. FIRE RESCUE BOAT RESPONSE Resident $115.00 Nonresidents $200.00 5. HAZARD MATERIALS RESPONSE Rice Hull Ash Actual Cost per Bag Absorbent Pads Actual Cost per Bag 6. STAND-BY TIME Per Crew of 3 $98.00/hour Fire Engine - Crew of 4 $115.00/hour 7. ACTIVE FIREFIGHTING Fire Engine Washington Fire Chiefs Published Rate* Aerial Ladder Washington Fire Chiefs Published Rate* 8. FALSE ALARM FEE $120.00 for second within preceding six-month period $225.00 for 3 or more within preceding six-month period 9. SPRINKLER/FIRE ALARM PLANS IFC Rates** *Washington Fire Chiefs Association Wage and Equipment Rates for the Washington State Fire Service **International Fire Code (Revised 5/10)3.01-E2 10. FIRE WATCH $50.00/hour FIRE DEPARTMENT – RATE TABLE E All Rates Listed Are “Not To Exceed” Fees RATE 3.01-F1 (Revised 5/10) PARKS & RECREATION DEPT. – RATE TABLE F All Rates Listed Are “Not To Exceed” Fees RATE F. PARKS AND RECREATION DEPARTMENT NONRESIDENT FEE - BASE FEE PLUS 25% 1. FACILITY USE RENTAL RATES Facility use policies apply Appropriate taxes are included in rates unless otherwise noted (a) SHERIDAN COMMUNITY CENTER - ROOM RENTAL RATES (Group A) NONCOMMERCIAL - Rental Rates Recreation and/or educational purposes only Per hour, 2-hour minimum Daytime (Monday - Friday: 8:00 a.m. to 5:00 p.m.) Lounge $8.25 Room A, B, C, or Conference Room $6.25 Gym $18.50 Evenings (Monday - Thursday: 5:00 p.m. to 10:00 p.m.) Lounge $18.50 Room A, B, C $12.50 Conference Room $14.50 Gym $23.75 Room Package (Lounge & Gym) $36.00 Entire Building - Up to 8 hours* $590.00 Regular Groups (10 or more meetings a year reserved in advance) 20% discount Friday Evening (5:00 p.m. to 10:00 p.m.) & Saturday and Sunday Lounge $24.75 Room A, B, C $12.50 Conference Room $14.50 Gym $30.00 Room Package (Lounge & Gym) $47.50 Entire Building - Up to 8 hours* $590.00 *Entire building rental for events with 250 or more participants requires additional staffing fee at $15.50 per hour. (Group B) COMMERCIAL - Rental Rates Recreational and/or educational purposes only Per hour, 2-hour minimum (Revised 5/10)3.01-F2 Lounge $30.00 Room A, B, C $23.75 Conference Room $23.75 Gym $47.50 Room Package (Lounge & Gym) $83.50 Entire Building - Up to 8 hours* $945.00 *Entire building rental for events with 250 or more participants requires additional staffing fee at $15.50 per hour. (b) BREMERTON SENIOR CITIZENS CENTER - ROOM RENTAL RATES (Group A) NONCOMMERCIAL - Rental Rates Per hour, 2-hour minimum Cardroom/Meeting Room $17.50 Main Room $35.00 Kitchen $15.00 Additional Staffing (per hour) $15.50 Entire Facility - Up to 8 hours $245.00 (Group B) COMMERCIAL - Rental Rates Per hour, 2-hour minimum Cardroom/Meeting Room $35.00 Main Room $70.00 Kitchen $30.00 Additional Staffing (per hour) $15.50 Entire Facility - Up to 8 hours $475.00 (c) JARSTAD AQUATIC CENTER (Group A) NONCOMMERCIAL - Rental Rates Private - Nonprofit Up to 50 Participants Per hour $74.00 51 - 100 Per hour $87.50 101 - 150+ Per hour $100.00 Gallery $10.00 Team Deep Lanes Per hour per lane $3.80 Shallow Lanes Per hour per lane $2.70 Staffing Per hour as needed $16.00 PARKS & RECREATION DEPT. – RATE TABLE F All Rates Listed Are “Not To Exceed” Fees RATE 3.01-F3 (Revised 5/10) School Lessons Up to 35 Students $64.00 36 - 45 Students $76.00 46 - 55 Students $88.50 (Group B) COMMERCIAL - Rental Rates Commercial Per hour $77.00 Deep Lanes Per hour per lane $7.75 Shallow Lanes Per hour per lane $5.00 Staffing Per hour as needed $16.00 (d) PARK SHELTERS - RESERVATION FEES Four-hour sessions per reservation unless otherwise noted. Bremerton residents may reserve park shelters beginning January 1st for the upcoming year. Nonresident reservations will be accepted beginning February 1st. (Group A) NONCOMMERCIAL - Rental Rates Blueberry Shelter $30.00 Evergreen Shelter 1 $59.75 Evergreen Shelter 2, 3, 5, or 6 $30.00 Evergreen Shelter 4 (not reservable, first come first served) no charge Evergreen Ampitheatre with Amplified Sound $150.00 Lions Park Shelter $41.25 Upper NAD $23.75 Lent Landing Gazebo $30.00 Reserve portion of a park not having a shelter $30.00 (Group B) COMMERCIAL - Rental Rates Blueberry Shelter $46.00 Evergreen Shelter 1 $89.75 Evergreen Shelter 2, 3, 5, or 6 $46.00 Evergreen Shelter 4 (not reservable) no charge Evergreen Ampitheatre with Amplified Sound $180.00 Lions Park Shelter $62.00 Upper NAD $36.00 Lent Landing Gazebo $46.00 Reserve portion of a park not having a shelter $46.00 PARKS & RECREATION DEPT. – RATE TABLE F All Rates Listed Are “Not To Exceed” Fees RATE (Revised 5/10)3.01-F4 (e) SPECIAL EVENTS, CELEBRATIONS, WEDDINGS Louis Mentor Boardwalk $237.00 Other parks Reservation fee + $100.00 (f) ATHLETIC FIELD - RESERVATIONS Per hour unless noted (Group A) NONCOMMERCIAL - Rental Rates $18.00 (Group B) COMMERCIAL - Rental Rates $36.00 Game Fee - Softball $30.00 Game Fee - Soccer $47.50 (g) BLUEBERRY PARK - P-PATCH ANNUAL RATE Noncommercial gardening only Raised Beds $10.00 Seasonal (10 ft. by 20 ft.) $40.00 Year Round (16 ft. by 30 ft.) $55.00 (h) LIONS TENNIS COURT LIGHTS 1 token (1 hour)$2.00 6 tokens (6 hours)$9.00 2. PROGRAM FEES & CHARGES (a) NEW PROGRAMS See Section 3, subsection (a) of this table (b) GLENN JARSTAD AQUATIC CENTER ADMISSIONS Youth (0 - 3 yrs.)no charge Youth (4 - 17 yrs.)$3.00 Adult (18 - 54 yrs.)$3.50 Seniors (55 yrs. & up)$3.00 Disabled $3.00 Adult Fitness $3.50 Senior Fitness $3.00 Disabled Fitness $3.00 PUNCH CARDS Youth 10 punch $24.00 PARKS & RECREATION DEPT. – RATE TABLE F All Rates Listed Are “Not To Exceed” Fees RATE 3.01-F5 (Revised 5/10) Youth 20 punch $48.00 Adult 10 punch $28.50 Adult 20 punch $57.00 Senior/Disabled 10 punch $24.00 Senior/Disabled 20 punch $48.00 Fitness/Lesson 10 punch $28.50 Fitness/Lesson 20 punch $57.00 Senior/Disabled Fitness 10 punch $24.00 Senior/Disabled Fitness 20 punch $48.00 PASSES Youth 6 months $125.00 Youth 12 months $242.00 Adult 6 months $148.50 Adult 12 months $288.00 Senior/Disabled 6 months $125.00 Senior/Disabled 12 months $242.00 SWIMMING LESSONS Parent/Tot 30 minutes $3.50 Youth 30 minutes $4.00 Adult 30 minutes $4.25 Private 30 minutes $15.00 Semi-Private 30 minutes $23.50 Family Lessons 30 minutes, family of 4 $74.00 AQUATIC CENTER ITEMS FOR SALE Basic Goggles $7.00 Deluxe Goggles $15.00 Latex Cap $4.00 Ear Plug $3.00 Nose Plug $3.00 New Sale Items (includes Washington State Sales Tax) Not to exceed cost plus 75% (c) ATHLETIC PROGRAM FEES VOLLEYBALL Co-ed (Fall & Winter) per team $260.00 Men and Women (Spring) per team $260.00 Open Gym (Oct. - June) per person $3.00 PARKS & RECREATION DEPT. – RATE TABLE F All Rates Listed Are “Not To Exceed” Fees RATE (Revised 5/10)3.01-F6 BASKETBALL Men’s League (Fall & Winter) per team $535.00 Boy’s League (Winter) per team $268.00 SOFTBALL Men’s League (Spring) per team $560.00 Men’s League - Player’s Fee (Spring) per player $21.50 Sunday Co-ed (Spring) per team $400.00 Sunday Co-ed - Player’s Fee (Spring) per player $16.00 Co-ed League (Fall) per team $465.00 Co-ed - Player’s Fee (Fall) per player $16.00 Men’s League (Fall) per team $465.00 Men’s League - Player’s Fee (Fall) per player $16.00 TOURNAMENTS (SOFTBALL AND SOCCER) - INVITATIONAL TOURNAMENTS Lions - One Day $340.00 Lions - Two Days $545.00 Lions - Three Days $725.00 Pendergast - One Day $440.00 Pendergast - Two Days $700.00 Pendergast - Three Days $850.00 - STATE TOURNAMENTS* Lions - One Day $476.00 Lions - Two Days $710.00 Lions - Three Days $825.00 Pendergast - One Day $615.00 Pendergast - Two Days $825.00 Pendergast - Three Days $975.00 *Regional and National Tournaments cost to be negotiated depending on field prep. requirements 3. SENIOR CITIZEN CENTER AND RECREATION DIVISION PROGRAMS (a) PROGRAM FEE FORMULAS. Except for the Senior Citizens’ Trip Program, participant fees for activities (programs, classes, events, etc.) promoted by the Senior Citizen Center and the Recreation Division are established by the following formulas: PARKS & RECREATION DEPT. – RATE TABLE F All Rates Listed Are “Not To Exceed” Fees RATE 3.01-F7 (Revised 5/10) A. Activities When the Instructor Is on City Payroll. Based on "Not to Exceed" rates [(Total class hours including preparation) x (Instructor’s hourly wage) x (1.5 Administration factor)] divided by (minimum # of students per activity) + (the cost of group supplies divided by minimum # of students) + Cost of individual class supplies, if applicable = Student class fee for City of Bremerton Resident. B. Activities Taught by Contracted Instruction. Based on "Not to Exceed" rates [(Price per student required by the Instructor less class supply fees) x (1.5 Administration factor)] + Class supply fees = Student class fee for City of Bremerton Resident. C. Nonresident Fees for Recreational Programs. For recreation classes, programs, swim passes and rentals - ranging from: $5.00 to $25.00 add on 25% $25.01 to $50.00 add a flat $6.25 $50.01 to $100.00 add a flat $12.50 $100.01 to $200.00 add a flat $25.00 $200.01+ add a flat $50.00 (b) SENIOR CENTER ACTIVITIES (AGE 55+) Couples Membership is for two people, at least one needs to be 55 or better, who reside at the same address. Community Members Memberships are for senior living facilities who are interested in purchasing a group of tickets (10, 20 or more). Residency is based on where the senior living facility is located. Associate Memberships are for those individuals not yet 55 but who still would like to participate in the programs, trips and classes offered at the center. Senior Citizen – City resident annual membership $6.00 Senior Citizen – Nonresident annual membership $16.00 Senior Center – City resident couples annual membership $11.00 Senior Center – Nonresident couples annual membership $28.00 Senior Center – City resident associate annual membership $10.00 Senior Center – Nonresident associate annual membership $20.00 (c) SENIOR CENTER TRIPS Actual costs plus 25% PARKS & RECREATION DEPT. – RATE TABLE F All Rates Listed Are “Not To Exceed” Fees RATE (Revised 5/10)3.01-F8 PARKS & RECREATION DEPT. – RATE TABLE F All Rates Listed Are “Not To Exceed” Fees 4. IVY GREEN CEMETERY - FEES AND CHARGES RATE (a) ADULT BURIAL Grave Site $945.00 Opening/Closing $625.00 Liner $615.00 Oversize Liner (if required) $890.00 Grave Side Service Preparation (optional) $175.00 (b) VETERANS PLOT Grave Site $473.00 Opening/Closing $313.00 Liner $308.00 Oversize Liner (if required) $445.00 Grave Side Service Preparation (optional) $88.00 Stone Marker Setting $54.00 Bronze Marker Setting $47.00 (c) INFANT BURIAL Infant Plot in Babyland $244.00 Opening/Closing $380.00 Liner $268.00 Grave Side Service Preparation (optional) $175.00 (d) DISINTERMENT Removal & Opening of New Site $1,309.00 Site Purchase $945.00 Liner $615.00 Removal (only) $860.00 Cremation Removal $208.00 (e) ADDITIONAL BURIAL COSTS 2-hour maximum $170.00 4-hour maximum $340.00 (f) LINERS Adult $615.00 Infant $268.00 Cremation Vault (2 piece) $143.00 Oversize Liner (if required) $890.00 3.01-F9 (Revised 5/10) (g) OPENING AND CLOSING Adult $625.00 Infant (Babyland) $380.00 Urn Interment (per urn) $119.00 (h) BURIAL SITES Adult $945.00 Infant (Babyland) $244.00 Infant (any site not in Babyland) $947.00 (i) INURNMENT Vault $143.00 Opening/Closing $143.00 Grave Side Service Preparation (optional) $175.00 Second Right of Inurnment $238.00 (j) DISURNMENTS Urn $208.00 (k) RAISE GRAVE $140.00 (l) MARKER SETTING FEES 5" x 8" bronze plus tax $84.00 4" x 12" x 2" – 3" plus tax $91.00 8" x 16" x 2" – 3" plus tax $95.00 10" x 20" x 2" – 3" plus tax $108.00 12" x 24" x 2" – 3" plus tax $113.00 12" x 24" bronze plus tax $113.00 12" x 36" x 2" – 3" plus tax $167.00 14" x 36" x 2" – 3" plus tax $172.00 PARKS & RECREATION DEPT. – RATE TABLE F All Rates Listed Are “Not To Exceed” Fees (Revised 5/10)3.01-F10 PARKS & RECREATION DEPT. – RATE TABLE F All Rates Listed Are “Not To Exceed” Fees RATE 5. GOLD MOUNTAIN GOLF COMPLEX (prices do not include sales tax) Golf Senior Rates apply at age 61. (a) CASCADE COURSE Friday 18 Holes $37.00 Weekday 18 Holes*$34.00 Weekday 2:00 p.m. - 3:00 p.m. $28.00 Weekend/Holiday 18 Holes (Note: 3) $41.00 Weekend 2:00 p.m. - 3:00 p.m. $32.00 Weekday 9 Holes*$25.00 Weekend/Holiday 9 Holes $28.00 Weekday 9-Hole Continue* $10.00 Weekend/Holiday 9-Hole Continue $15.00 Twilight Weekday*$24.00 Twilight Weekend/Holiday $27.00 League Rate**$20.00 Senior 18 Holes*$29.00 Junior 18 Holes* $13.00 Junior Twilight Weekend/Holiday $14.00 Family Golf (up to 4) (Note: 4) $25.00 All Day Monday - Tuesday $59.00 Annual Pass Single $1,980.00 Annual Pass Couple $3,360.00 Annual Pass Family*** $2,800.00 plus $200.00 per junior Annual Pass Senior Single** $1,320.00 Annual Pass Senior Couple** $2,160.00 Semi-Annual Single - first 1/2 of year $850.00 Semi-Annual Single - second 1/2 of year $900.00 Semi-Annual Couple - first 1/2 of year $1,400.00 Semi-Annual Couple - second 1/2 of year $1,450.00 Semi-Annual Senior Single** - first 1/2 of year $575.00 Semi-Annual Senior Single** - second 1/2 of year $625.00 Semi-Annual Senior Couple** - first 1/2 of year $950.00 Semi-Annual Senior Couple** - second 1/2 of year $1,000.00 Senior Punch Card** (Note: 2) $210.00 Regular 20-Round Punch Card $500.00 Regular 10-Round Punch Card $270.00 Junior 10-Round Punch Card $90.00 Low-Income Senior Punch Card** **** (Note: 2) $90.00 Monthly Twilight Pass (7 days a week) $99.00 3.01-F11 (Revised 5/10) Corporate Pass* (2 Officers) $4,000.00 Corporate Pass w/Power Cart (2 Officers) (Note: 2) $5,000.00 Daily Private Cart $17.00 Shotgun Tournament (Not to Exceed 18-Hole Green Fee) (Note: 1) $75.00 Military Pass (Note: 1) no tax $2,300.00 * Monday through Thursday ** Not for Saturday, Sunday or holiday *** From June through September, juniors may only play after 11:00 a.m. on weekends and holidays **** Age 61 & up with household income < $25,000.00. RCW 84.36.381 and WAC 458-16A-130 1. A reduced rate, not less than the current twilight rate, may be offered with the approval of the Director of Parks and Recreation 2. May be used for twilight any day of the week including holidays 3. Saturday, Sunday or holiday (May through September not to exceed rate) 4. Family of up to 4, either course. After 1:00 p.m. January, February, November & December, after 3:00 p.m. March & October, after 4:00 p.m. April and after 6:00 p.m. May & September (b) OLYMPIC COURSE Friday 18 Holes $47.00 Weekday 18 Holes*$43.00 Weekday 2:00 p.m. - 3:00 p.m. $35.00 Weekend/Holiday 18 Holes (Note: 2) $61.00 Weekend 2:00 p.m. - 3:00 p.m. $44.00 Weekday 9 Holes*$27.00 Weekend/Holiday 9 Holes $36.00 Weekday 9-Hole Continue* $26.00 Weekend/Holiday 9-Hole Continue $35.00 Twilight Weekday*$26.00 Twilight Weekend/Holiday $28.00 Junior Twilight Weekend $20.00 Family Golf (up to 4) (Note: 3) $25.00 All Day Monday - Tuesday $58.00 League Rate** $20.00 Senior 18 Holes*$37.00 Junior 18 Holes*$23.00 Shotgun Tournament (Not to Exceed 18-Hole Green Fee) (Note: 1) $100.00 Weekend Early Bird $48.00 Weekday Early Bird $34.00 PARKS & RECREATION DEPT. – RATE TABLE F All Rates Listed Are “Not To Exceed” Fees RATE (Revised 5/10)3.01-F12 Pass Plus $13.00 Annual Pass $2,340.00 * Monday through Thursday ** Not for Saturday, Sunday or holiday 1. A reduced rate, not less than the current twilight rate, may be offered with the approval of the Parks and Recreation Director 2. Saturday, Sunday or holiday (May through September not to exceed rate) 3. Family of up to 4, either course. After 1:00 p.m. January, February, November & December, after 3:00 p.m. March & October, after 4:00 p.m. April and after 6:00 p.m. May & September PARKS & RECREATION DEPT. – RATE TABLE F All Rates Listed Are “Not To Exceed” Fees RATE 3.50-1 (Revised 5/10) Chapter 3.50 UTILITY TAXES Sections: 3.50.010 EXERCISE OF REVENUE LICENSE POWER. 3.50.020 BUSINESS LICENSE - REQUIRED. 3.50.030 ADMINISTRATIVE PROVISIONS. 3.50.040 DEFINITIONS. 3.50.050 PERSONS SUBJECT TO TAX - AMOUNT. 3.50.060 DEDUCTIONS. 3.50.070 TAX - WHEN DUE. 3.50.080 RULES AND REGULATIONS. 3.50.090 SEVERABILITY. 3.50.010 EXERCISE OF REVENUE LICENSE POWER. The provisions of this chapter shall be deemed an exercise of the power of the City to license and/or tax for revenue. The provisions of this chapter are subject to periodic statutory or administrative rule changes or judi- cial interpretations of the ordinances or rules. The responsibility rests with the licensee or taxpayer to reconfirm tax computation procedures and remain in compliance with the City Code. (Ord. 4895 §2, 2004; Ord. 4844, Added, 01/03/2003) 3.50.020 BUSINESS LICENSE - REQUIRED. It is unlawful for any person to engage in business in the City without having first obtained a business license pursuant to Chapter 5.02 BMC. (Ord. 4895 §2, 2004; Ord. 4844, Added, 01/03/2003) 3.50.030 ADMINISTRATIVE PROVISIONS. The provisions contained in Chapter 3.86 BMC shall be fully applicable to the provisions of this chapter except as expressly stated to the contrary herein. (Ord. 4895 §2, 2004; Ord. 4844, Added, 01/03/2003) 3.50.040 DEFINITIONS. For the purposes of this chapter, the definitions con- tained in Chapter 3.48 BMC shall apply equally to the provisions of this chapter as applicable unless the term is defined otherwise in this chapter. In addition, the fol- lowing definitions will apply: "Cellular telephone service" is a voice or data tele- phone/telecommunications system based in whole or substantial part on wireless radio communications, whether or not the communications are subject to regu- lation by the Washington Utilities and Transportation Commission (WUTC). This includes cellular mobile service. Cellular mobile service includes other wireless radio communications services such as specialized mobile radio (SMR), personal communications services (PCS), and any other evolving wireless radio communi- cations technology which accomplishes the same pur- pose as cellular mobile service. "Competitive telephone service" means the providing by any person of telephone telecommunications equip- ment or apparatus, or service related to that equipment or apparatus such as a repair and maintenance service, if the equipment or apparatus is of a type which can be provided by persons who are not subject to regulation as telephone companies under RCW Title 80, and for which a separate charge is made. "Gross income" means the value proceeding or accru- ing by reason of the business activity engaged in and operations incidental thereto, and includes gross pro- ceeds of sales, compensation for the rendition of ser- vices and other emoluments, but without any deduction on account of the cost of the commodity furnished or sold, the cost of materials used, labor costs, interest, dis- count, delivery costs, taxes, or any other expense what- soever paid or accrued and without any deduction on account of losses. "Gross income from timber sales" means "stumpage value of timber" as defined in Chapter 84.33 RCW minus the costs of production including, but not limited to, logging and trucking costs, fees and excise taxes. "Page service" means service provided by means of an electronic device that has the ability to send or receive voice or digital messages transmitted through the local telephone network, via satellite or any other form of voice or data transmission. "Reporting period" means a one (1) month period beginning the first day of each calendar month (monthly). "Solid waste collection service" means receiving solid waste from any facility or location within the City for transfer, processing, treatment, storage, or disposal, including, but not limited to, all collection services, pub- lic or private dumps or landfills, transfer stations, and other similar operations. "Solid waste," for purposes of this chapter, means gar- bage, trash, rubbish, or other material discarded as worthless or not economically viable for further use, infectious, hazardous, or toxic wastes, and recyclable or reusable materials collected, in whole or part, for recy- cling or salvage. "Telephone business" means the providing by any per- son of access to a local telephone network, local tele- phone network switching service, toll service, cellular or mobile telephone service, coin telephone service, page service, or the providing of telephonic, video, data, or similar communication, or transmission for hire, via a local telephone network, toll line or channel, cable, (Revised 5/10)3.50-2 microwave, or similar communication or transmission system. The term includes cooperative or farmer line telephone companies or associations operating exchanges. The term also includes the provision of transmission to and from the site of an internet provider via a local telephone network, toll line or channel, cable, microwave, or similar communication or transmission system. "Telephone business" does not include the pro- viding of competitive telephone service, or providing of cable television service, or other providing of broadcast services by radio or television stations. (Ord. 4895 §2, 2004; Ord. 4844, Added, 01/03/2003) 3.50.050 PERSONS SUBJECT TO TAX - AMOUNT. In addition to other taxes or fees that may be imposed or levied by the City, there is hereby levied upon all persons (including the City) engaging in busi- ness within the City a fee or tax to be collected as fol- lows: (a) Gas. Upon every person engaging in the busi- ness of transmitting, distributing or the selling of manu- factured or natural gas, a fee or tax equal to six (6) percent of the total gross income from such business conducted within the City. (b) Water. Upon every person engaging in the business of providing water utility service, a fee or tax equal to nine and one-half (9.5) percent of the total gross income from such business conducted within the City. The total gross income from the business of providing water utility service includes the "gross income from timber sales" of the utility as that term is defined in this chapter. (c) Wastewater. Upon every person engaging in the business of providing wastewater utility service, a fee or tax equal to nine and one-half (9.5) percent of the total gross income from such business conducted within the City. (d) Stormwater. Upon every person engaging in the business of providing stormwater utility service, a fee or tax equal to nine and one-half (9.5) percent of the total gross income from such business conducted within the City. (e) Cable. Upon every person engaging in the business of transmitting television signals by means of a cable distribution system commonly known as televi- sion cable service, a fee or tax equal to seven (7) percent of the total gross income from such business conducted within the City. (f) Solid Waste. Upon every person engaging in the business of providing solid waste collection service, a fee or tax equal to nine and one-half (9.5) percent of the total gross income from such business conducted within the City. (g) Electricity. Upon every person engaging in the business of producing, transmitting, distributing or sell- ing electricity, a fee or tax equal to six (6) percent of the total gross income from such business conducted within the City. (h) Telephone. Upon every person engaged in car- rying on a telephone business for hire or for sale of a commodity or a service within or partly within the cor- porate limits of the City, a tax for the privilege of so doing business equal to six (6) percent of the total gross income rendered within the City. (1) Deductions. In computing the telephone tax, there shall be deducted from the gross operating revenues the following items: (i) Amounts derived from transactions in interstate or foreign commerce or from any business which the City is prohibited from taxing under the Con- stitution of the United States or the State of Washington. (ii) Amounts derived from that portion of network telephone service, as defined in RCW 82.04.065, which represents charges to another telecom- munications company, as defined in RCW 80.04.010, for connecting fees, switching charges or carrier access charges relating to intrastate toll telephone services, or for access to, or charges for, interstate services or charges for network telephone service that is purchased for the purpose of resale. (iii) Adjustments made to a billing or to a customer account or to a telecommunications company accrual account in order to reverse a billing or charge that had been made as a result of third-party fraud or other crime and was not properly a debt of a customer. (iv) A complete deduction from gross income shall be allowed for credit losses, only to cellu- lar telephone service companies which keep their regu- lar books of account on an accrual basis, for cash discounts and credit losses actually sustained by a tax- payer as a result of telephone service business. (2) Allocation of Income - Cellular Telephone Service. (i) Service Address. Payments by a cus- tomer for the telephone service from telephones without a fixed location shall be allocated among taxing jurisdic- tions to the location of the customer’s principal service address during the period for which the tax applies. (ii) Roaming Phones. When the service is provided while a subscriber is roaming outside the sub- scriber’s normal cellular network area, the gross income shall be assigned consistent with the taxpayer’s account- ing system to the location of the originating cell site of the call, or to the location of the main cellular switching office that switched the call. (i) Additional Payment in Lieu of Tax Fee. In addition to the fee of nine and one-half (9.5) percent set forth above in subsection (b) of this section for water, subsection (c) of this section for wastewater and subsec- 3.50-3 (Revised 5/10) tion (d) of this section for stormwater, there shall be effective January 1, 2010, an additional payment in lieu of tax fee of six (6) percent for water, six (6) percent for wastewater and six (6) percent for stormwater. (Ord. 5096 § 1, 2009: Ord. 5078 §1, 2009: Ord. 5065 §1, 2008: Ord. 4988 §4, 2006; Ord. 4918 §1, 2004; Ord. 4895 §2, 2004; Ord. 4882 §1, 2003; Ord. 4844, Added, 01/03/2003) 3.50.060 DEDUCTIONS. (a) There may be deducted from the total gross income, upon which the license fee or tax is computed, revenues derived from business which the City is pro- hibited from taxing under the Constitutions or laws of the State of Washington or the United States or the Charter of the City. (b) There may be deducted from the total gross income, upon which the license fee or tax is computed, the amount of State excise taxes, pursuant to Chapter 82.18 RCW, imposed directly upon persons using the service of a solid waste collection business and collected for payment to the State by the solid waste collection business. (c) There may be deducted from the total gross income, upon which the license fee or tax is imposed under BMC 3.50.050, revenues derived from providing the service of collecting recyclable materials, as fol- lows: (1) Commercial Recycling. Revenues derived from the service of collecting commercial recyclable materials. This exemption is limited to materials actu- ally resold and computed in proportion to weight, as fol- lows: (i) Any weight added by processing or treatment after collection is subtracted from the weight as sold to obtain the allowable weight as sold; and (ii) Revenues are multiplied by a fraction, the numerator of which is the allowable weight as sold and the denominator of which is the weight as collected. (2) This deduction does not apply to any energy recovery or fuel-use process, nor in any case where materials collected have not been sold for com- mercial reuse within one hundred (100) days from the date of collection. This period may be extended when a taxpayer shows to the Department’s satisfaction that market conditions necessitate a longer period for sale. (Ord. 4895 §2, 2004; Ord. 4844, Added, 01/03/2003) 3.50.070 TAX - WHEN DUE. The tax imposed by this chapter shall be due and payable in monthly installments. (Ord. 4895 §2, 2004) 3.50.080 RULES AND REGULATIONS. The Director may establish administrative rules and regulations as deemed appropriate, consistent with this chapter for the purpose of enforcing and carrying out its provisions. (Ord. 4895 §2, 2004; Ord. 4844, Added, 01/03/2003. Formerly 3.50.070) 3.50.090 SEVERABILITY. If any provision or section of this chapter shall be held void or unconstitutional, all other parts, provisions, and sections of this chapter not expressly so held to be void or unconstitutional shall continue in full force and effect. (Ord. 4895 §2, 2004; Ord. 4844, Added, 01/03/2003. Formerly 3.50.080) 3.78-7 (Revised 5/10) (Ord. 5105 §1 (Exh. B), 2010) (Revised 5/10)3.78-8 6.32-1 (Revised 5/10) Chapter 6.32 NOISE LEVELS Sections: 6.32.010 DEFINITIONS. 6.32.040 ENVIRONMENTAL SOUND - MAXIMUM PERMISSIBLE LEVELS. 6.32.050 MEASUREMENT OF SOUND. 6.32.060 POSITION OF ADMINISTRATOR ESTABLISHED. 6.32.070 VARIANCE PROCEDURE. 6.32.090 APPEAL TO SUPERIOR COURT. 6.32.110 PUBLIC DISTURBANCE NOISES. 6.32.115 BELLS, CHIMES OR CARILLONS. 6.32.120 VIOLATIONS - CIVIL PENALTY, CRIMINAL PENALTY. 6.32.010 DEFINITIONS. All technical terminology used in this chapter not defined herein shall be interpreted in conformance with American National Standards Institute Specifications, Sections 1.1-1960 and 1.4-1971. For purposes of this chapter, the words and phrases used herein shall have the meaning indicated below: (a) "Administrator" means the Mayor of the City of Bremerton or his or her designee. (b) "db(A)" means a sound level, measured in decibels, using the A frequency-weighing network of a sound-level meter. (c) "District" means the land use zones to which the provisions of this chapter apply. For the purposes of this chapter, the following noise control districts shall be established, which include land use zones designated in the Bremerton zoning ordinance, as follows: (d) "Emergency work" means: (1) Work made necessary to restore property to a safe condition following a public calamity; (2) Work required to protect persons or prop- erty from imminent exposure to danger; or (3) Work by private or public utilities for pro- viding or restoring immediately necessary utility service. (e) "Motorcycle" means any motor vehicle having a saddle for the use of the rider and designed to travel on not more than three (3) wheels in contact with the ground, except farm tractors and such vehicles powered by an engine of less than five (5) horsepower. (f) "Motor vehicle" means any vehicle which is self-propelled, used primarily for transporting persons or property upon public highways, and required to be licensed under RCW 46.16.010 or a motorized transpor- tation device as defined in BMC 10.13.010. (Aircraft, watercraft, and vehicles used on rails or tracks are not motor vehicles as that term is used herein.) (g) "Noise" means the intensity, duration and char- acter of sounds from any and all sources. (h) "Person" means any individual firm, associa- tion, partnership, corporation or any other entity, public or private. (i) "Police officer" means a duly appointed city, county or State law enforcement officer. (j) "Property boundary" means the survey line at ground surface which separates real property owned, rented or leased by one or more other persons and its vertical extension. (k) "Receiving property" means real property within which sound originating from sources outside the property is received. (l) "Sound level" means a weighted sound pres- sure level obtained by the use of a sound level meter and weighted as specified in American National Standards Institute Specifications, Section 1.4-1971. (m) "Sound level meter" means a sound-level mea- suring device, either Type I or Type II, as defined by American National Standards Institute Specifications, Section 1.4-1971. (n) "Weekend" means Saturday and Sunday or any legal holiday. (Ord. 4977 §2, 2006; Ord. 4915 §2, 2004; Ord. 4891 §1, 2004; Ord. 4226 §1, 1989; Ord. 3722 §1, 1982) 6.32.040 ENVIRONMENTAL SOUND - MAXIMUM PERMISSIBLE LEVELS. (a) It is unlawful for any person to cause or permit noise from any source located within the City of Bremerton to intrude into the property of another which exceeds the maximum or permissible noise level set forth below: Noise Control District Land Use Zones District I R-10, CCR, MR District II NB, BC, CC, WWRC, NCC, DCC, DW, DC, LC, EC, INST District III IP, I, CUL, WS, MI, FC (Revised 5/10)6.32-2 (b) Between the hours of 10:00 p.m. and 7:00 a.m. the noise limitations of the foregoing table shall be reduced by ten (10) dBA for receiving property within District I. (c) At any hour of the day or night the applicable noise limitations in (a) and (b) above may be exceeded for any receiving property by no more than: (1) Five (5) dBA for a total of fifteen (15) minutes in any one (1) hour period; or (2) Ten (10) dBA for a total of five (5) min- utes in any one (1) hour period; or (3) Fifteen (15) dBA for a total of one and one-half (1.5) minutes in any one (1) hour period. (d) Exemptions. (1) The following shall be exempt from the provisions of subsections (a) and (b) between the hours of 7:00 a.m. and 10:00 p.m.: i. Sounds originating from residential property relating to temporary projects for the mainte- nance or repair of homes, grounds and appurtenances. ii. Sounds created by the discharge of firearms on authorized shooting ranges. iii. Sounds created by blasting. iv. Sounds created by aircraft engine testing and maintenance not related to flight operations; provided, that aircraft testing and maintenance shall be conducted at remote sites whenever possible. v. Sounds created by the installation or repair of essential utility services. (2) The following shall be exempt from the provisions of subsection (b). i. Noise from electrical substations and existing stationary equipment used in the conveyance of water, waste water, and natural gas by a utility. ii. Noise from existing industrial instal- lations which exceed the standards contained in these regulations and which, over the previous three years, have consistently operated in excess of fifteen (15) hours per day as a consequence of process necessity and/or demonstrated routine normal operation. Changes in working hours, which would affect exemptions under this regulation, require approval of the State Department of Ecology. (3) The following shall be exempt from the provisions of subsections (a) and (b), except insofar as such provisions relate to the reception of noise within District I between the hours of 10:00 p.m. and 7:00 a.m. i. Sounds originating from temporary construction sites as a result of construction activity. ii. Sounds originating from forest har- vesting and silvicultural activity. (4) The following shall be exempt from all provisions of subsections (a) and (b): i. Sounds created by motor vehicles when regulated by Chapter 173-62 WAC. ii. Sounds originating from aircraft in flight and sounds that originate at airports which are directly related to flight operations. iii. Sounds created by surface carriers engaged in interstate commerce by railroad. iv. Sounds created by warning devices not operating continuously for more than five (5) min- utes, or bells, chimes, and carillons. v. Sounds created by safety and protec- tive devices where noise suppression would defeat the intent of the device or is not economically feasible. vi. Sounds created by emergency equip- ment and work necessary in the interests of law enforce- ment or for health safety or welfare of the community. vii. Sounds originating from motor vehi- cle racing events at existing authorized facilities. viii. Sounds originating from officially sanctioned parades and other public events. ix. Sounds emitted from petroleum refin- ery boilers during start-up of said boilers; provided, that the start-up operation is performed during daytime hours whenever possible. x. Sounds created by watercraft. xi. Sound created by the discharge of firearms in the course of hunting. xii. Sounds created by motor vehicles, licensed or unlicensed, when operated off public high- ways except when such sounds are received in District I. (Ord. 4226 §3, 1989; Ord. 3722 §3, 1982) 6.32.050 MEASUREMENT OF SOUND. (a) If the measurements of sound are made with a sound-level meter, it shall be an instrument in good operating condition meeting the requirements for a Type I or Type II instrument, as delineated in American National Standards Institute Specifications (ANSI), Section 1.4-1971. If the measurements are made with other instruments, or assemblages of instruments, the procedure must be carried out in such a manner that the overall accuracy shall be at least that called for in Sec- tion 1.4-1971 ANSI for Type II instruments. (b) When the location, distance or technique for measurement of sound is impractical or would yield misleading or inaccurate results, measurements shall be TABLE I District of Sound Source District Receiving Property Within the City of Bremerton IIIIII I 55 dB(A) 57 dB(A) 60 dB(A) II 57 dB(A) 60 dB(A) 65 dB(A) III 60 dB(A) 65 dB(A) 70 dB(A) 6.32-3 (Revised 5/10) taken at other locations or distances utilizing appropri- ate correction factors, as specified in the rules promul- gated by the Administrator. (c) Where a receiving party is partly within one (1) district and partly within another, the maximum permis- sible noise level at a point within the property boundary shall be that permitted into a receiving property wholly within the lowest intensity district in which the sound is measured. (Ord. 4226 §4, 1989; Ord. 3722 §7, 1982) 6.32.060 POSITION OF ADMINISTRATOR ESTABLISHED. (a) Establishment. The position of administrator is hereby established, and shall be the mayor, or his or her designee. The administrator is authorized and directed to administer and enforce the provisions of this chapter. (b) Qualifications of Administrator. The adminis- trator shall be a person having a working knowledge of acoustics and competent in the field of noise control. The administrator shall have completed instructional guidance provided by the State Department of Ecology or other recognized institution to operate Type I and Type II sound-level meters, and make all computations and calculations necessary to enforce this chapter. (c) Duties of Administrator. The duties of the administrator shall include, but are not limited to: (1) Obtaining assistance from other appropri- ate city departments and officials; (2) Training law enforcement officers and staff; (3) Purchasing measuring instruments and training inspectors in their calibration and use; (4) Establishing a noise-control field proce- dures manual providing techniques and procedures for measuring or reducing noise to provide for clarification, interpretation and implementation of this chapter; (5) Investigating citizens’ noise complaint; (6) Issuing orders for the reduction or elimi- nation of noise; (7) Assisting citizens and city departments in evaluating and reducing the noise impact of their activ- ities; (8) Assisting city planning officials in evalu- ating the noise component in planning and zoning actions; (9) Instituting a public education program on noise; and (10)Reviewing at least every three years the provisions of this chapter and recommending revisions consistent with technology to reduce noise. (Ord. 4288 §1, 1990; Ord. 4226 §4, 1989; Ord. 3722 §6, 1982) 6.32.070 VARIANCE PROCEDURE. (a) A person who owns or is in possession of any property or use, or any process or equipment, may make a request for a variance to the Administrative Hearing Examiner for relief from any provision of this chapter governing the quality, nature, duration or extent of dis- charge or noise. The application shall be accompanied by such information and data as the Hearing Examiner may require. The Hearing Examiner shall enforce rules and regulations governing the application for and grant- ing of variances, including hearing and notices. A vari- ance or its renewal shall not be the right of the applicant or holder thereof, but shall be at the reasonable discre- tion of the Hearing Examiner. (b) The variance shall not be granted under this section unless the Hearing Examiner has considered the relevant interests of the applicant, other owners of prop- erty likely to be affected, and the general public and finds that all the following facts and conditions exist: (1) That there are exceptional or extraordi- nary circumstances or conditions applying to the appli- cant’s property, or intended use thereof, that do not apply generally to other properties in the same noise control district; (2) That such variance is necessary for the preservation and enjoyment of a substantial personal or property right of the applicants possessed by the owners of other properties in the same noise control district; (3) That the authorization of such variance does not endanger public health or safety in the same or adjacent noise control districts; (4) That the granting of such variance will not adversely affect the general policy and purposes of this chapter. (c) In authorizing a variance, conditions regarding noise level, duration, type and other considerations deemed necessary to carry out the policy and purpose of this chapter may be imposed. (Ord. 5093 §1, 2009: Ord. 4226 §5, 1989) 6.32.090 APPEAL TO SUPERIOR COURT. An appeal of the decision of the Hearing Examiner must be filed with the Superior Court within twenty-one (21) calendar days of the issuance of the decision. (Ord. 5093 §2, 2009: Ord. 4547, Amended, 03/28/1996; Ord. 4226 §6, 1989; Ord. 4022 §1, 1986; Ord. 3722 §9, 1982) 6.32.110 PUBLIC DISTURBANCE NOISES. It is hereby unlawful and declared a public nuisance for any person to cause, or for any person in possession of property to allow, noise defined in this section. For prosecution under this section, evidence of sound level through the use of a sound level meter reading shall not be necessary to establish a commission of the offense. Provisions of this section shall be cumulative and not exclusive, and shall not affect any other claim, cause of action or remedy including any prosecution for violation (Revised 5/10)6.32-4 of sections regulating environmental noise. The follow- ing shall be public disturbance noises: (a) The frequent, repetitive or continuance sound of any horn or siren attached to a motor vehicle, except as a warning of danger or as specifically permitted or required by law. (b) The creation of frequent, repetitive or continu- ous noise in connection with the starting, operation, repair, rebuilding or testing of any motor vehicle, motor- cycle, off-highway vehicle or internal combustion engine within District I so as to unreasonably disturb or interfere with the peace, comfort and repose of owners or possessors of real property. (c) The use of a sound amplifier or other device capable of producing or reproducing amplified sound upon public streets for the purpose of commercial adver- tising or sales or for attracting the attention of the public to any vehicle, structure or property or the contents therein except as permitted by law, and except that ven- dors whose sole method of selling is from a moving vehicle shall be exempt from this subsection. (d) Sound from motor vehicle sound systems, such as tape players, radios, and compact disc players, oper- ated at a volume so as to be audible greater than fifty (50) feet from the vehicle itself. (e) Sound from audio equipment, such as tape players, radios, and compact disc players, operated at a volume so as to be audible greater than fifty (50) feet from the source. (f) The creation of any loud noises which emanate frequently, or repetitively or continuously from any building, structure or property which unreasonably dis- turbs the peace, comfort and repose of others. (Ord. 4851 §1, 2003; Ord. 4780, Amended, 11/26/2001; Ord. 4226 §9, 1989) 6.32.115 BELLS, CHIMES OR CARILLONS. The operation of bells, chimes or carillons shall be exempt from the provisions of this chapter. (Ord. 4780, Added, 11/26/2001) 6.32.120 VIOLATIONS - CIVIL PENALTY, CRIMINAL PENALTY. (a) Every offense defined by this chapter or con- duct made unlawful hereby shall constitute a civil infraction under the Bremerton Municipal Code; pro- vided, however, A second violation within a twenty- four (24) hour period shall constitute a misdemeanor. (b) In addition to any other sanction or injunctive procedure which may be available at law or equity, any person failing to comply with the final order issued by the administrator or a police officer shall be subject to a cumulative civil penalty in an amount not to exceed one hundred dollars ($100.00) per day from the date set for compliance until compliance. The civil penalty shall be collected by legal action brought in the name of the City. (c) For enforcement purposes, each day, defined as a twenty-four (24) hour period beginning at 12:01 a.m. in which violation of this chapter occurs, shall con- stitute a separate violation. (Ord. 4288 §3, 1990; Ord. 4226 §11, 1989) 15.01-3 (Revised 5/10) are not suited to the siting of commercial, residential or industrial development consistent with public health or safety concerns. (2) "General facilities charges (GFC)" shall mean the charge established to reflect the proportionate cost share for existing source, treatment, distribution, transmission, collection, interception, and storage facil- ities that will be paid by new customers to the City util- ity. (3) "Gravity line" shall mean a sanitary sewer conveying flow to a point of collection without pump- ing. (4) "Ground water" means water in a satu- rated zone or stratum beneath the surface of land or a surface water body. (h) (1) "H.C.F." shall mean hundred cubic feet of measure. (2) "Health officer" shall mean the Bremer- ton/Kitsap County Health Department’s Health Officer. (i) (1) "Impervious surface" means a surface area which either prevents or retards the entry of water into the soil mantle as under natural conditions prior to development, and/or a surface area which causes water to run off the surface in greater quantities or at an increased rate of flow from the flow present under natu- ral conditions prior to development. Common impervi- ous surfaces include, but are not limited to, roof tops, walkways, patios, driveways, parking lots or storage areas, concrete or asphalt paving, gravel roads and other gravel surfaces, packed earthen materials, and oiled, macadam or other surfaces which similarly impede the natural infiltration of stormwater. Open, uncovered retention/detention facilities shall not be considered as impervious surfaces. (2) "Impervious surface unit" shall mean a configuration or conglomeration of impervious surface estimated to contribute an amount of runoff to the City’s stormwater drainage system which is approximately equal to that created by the average single-family resi- dential parcel. One (1) impervious surface unit (ISU) is equivalent to two thousand five hundred (2,500) square feet of impervious surface area. For purposes of compu- tation of rates and charges, only whole impervious units are considered; fractions are truncated (not rounded up). (3) "Improper stormwater inflow" shall mean any kind of stormwater connection or inflow to the wastewater system prohibited by this chapter including, but not limited to: roof drains, parking lot drains, curtain drains, driveway drains and sump pumps. (i) "Roof drains" shall mean any roof drain, downspout, scupper or device that collects and conveys stormwater runoff from a roof surface. (ii) "Parking lot drain" shall mean any drain or catch basin that collects stormwater runoff located within the confines of a parking lot such as those in pay parking lots, apartment complexes, shopping cen- ters, etc. (iii) "Driveway drain" means a drain typi- cally located below street grade at the bottom of a sloped driveway. (iv) "Sump pump" means a pump that conveys ground water or stormwater runoff to a sewer system or to the ground surface. A sump pump that col- lects and conveys ground water or stormwater runoff from the area outside of the building’s foundation foot- print to the sanitary sewer system is an improper con- nection. A sump pump that collects and conveys ground water or stormwater runoff from the area within the building’s foundation footprint to the sanitary sewer system is required to be connected to the sanitary sewer system. (Kitsap County Health Department code requires sump pumps located within the foundation footprint to be connected to the sanitary sewer system. This is due to the high potential for contamination of rel- atively clean ground water by human waste, detergents or other household chemicals or oils which are not appropriate to discharge into a stormwater sewer sys- tem.) (4) "Improved premises" shall mean any area which has been altered such that the runoff from the site is greater than runoff prior to development. (5) "Industrial user" shall mean a business or other nonresidential property having a wastewater dis- charge in which the sum of BOD and TSS strength is between one thousand two hundred (1,200) and one thousand eight hundred (1,800) milligrams per liter. (6) "Infiltration" shall mean ground water entering the sanitary sewer or stormwater system through open pipe joints, cracks in manhole walls, and cracked pipe. (7) "Inflow" shall mean rainwater or other clean water that enters the sanitary sewer through roof leader connections, catch basins, yard and foundation drains, perforated manhole covers, and other openings to the wastewater system. (l) (1) "Lateral sewer" shall mean a sanitary sewer not less than six (6) inches in diameter, con- structed within a public right-of-way between the main- line/trunk sewer and the right-of-way line in accordance with current utility standards. (m) (1) "Mainline sewer." See trunk sewer. (2) "Manual." See Stormwater Management Manual. (3) "Misuse of individual grinder pumps" means activity by the occupant of a residence that causes damage to the grinder pump or appurtenances. Such activities include, but are not limited to, discharg- ing harmful substances into the grinder pump such as (Revised 5/10)15.01-4 toys, diapers or construction materials; attempting to make unauthorized repairs; or driving over the grinder pump tank or appurtenances, causing damage. The Director has the discretion to determine whether or not an occupant’s activities caused such damage. (4) "Mitigation" means, in the following order of preference: i. Avoiding the impact altogether by not taking a certain action or part of an action; ii. Minimizing impacts by limiting the degree or magnitude of the action and its implementa- tion by using appropriate technology or by taking affir- mative steps to avoid or reduce impacts; iii. Rectifying the impact by repairing, rehabilitating or restoring the affected environment; iv. Reducing or eliminating the impact over time by preservation and maintenance operations during the life of the action; and v. Compensation for the impact by replacing, enhancing, or providing substitute resources or environments. (5) "Multi-family units" shall mean a parcel of property which has been legally developed with more than two (2) residential living units. (n) (1) "Natural location" means the location of those channels, swales, and other non-manmade con- veyance systems as defined by topographic contours existing for the subject property, either from maps or photographs, or such other means as appropriate. (2) "New development" means the following activities: land disturbing activities, structural develop- ment, including construction, installation or expansion of a building or other structure; creation of impervious surfaces; Class IV - general forest practices that are con- versions from timber land to other uses; and subdivision and short subdivision of land as defined in RCW 58.17.020. All other forest practices and commercial agriculture are not considered new development. (o) (1) "O & M costs" (operation and mainte- nance) shall mean the total cost of operating and main- taining the utility system, including, but not necessarily limited to, costs for labor, supplies and materials, utility services, vendor services, equipment usage, testing, taxes and assessments. (2) "Occupied property" shall mean real prop- erty on which a structure exists that is being served by an existing or temporary utility facility. (p) (1) "Permanent stormwater quality control (PSQC) plan" means a plan which includes permanent BMPs for the control of pollution from stormwater run- off after construction and/or land disturbing activity has been completed. (2) "Pollution" means contamination or other alteration of the physical, chemical, or biological prop- erties, of waters of the state, including change in temper- ature, taste, color, turbidity, or odor of the waters, or such discharge of any liquid, gaseous, solid, radioactive or other substance into any waters of the state as will or is likely to create a nuisance or render such waters harm- ful, detrimental or injurious to the public health, safety or welfare, or to domestic, commercial, industrial, agri- cultural, recreational, or other legitimate beneficial uses, or to livestock, wild animals, birds, fish or other aquatic life. (3) "Premises" shall mean a single tract of land, building, or portion of a building under a single control and ownership. (4) "Pressure line" shall mean a sanitary sewer through which wastewater must be forced by pumping or gravity pressure to a point of collection. (5) "Pretreatment" shall mean any physical, chemical, or biological process to remove, neutralize, or modify one or more constituents of a waste stream prior to discharge into the public sewers. (r) (1) "Redevelopment" means, on an already developed site, the creation or addition of impervious surfaces, structural development including construction, installation or expansion of a building or other structure, and/or replacement of impervious surface that is not part of a routine maintenance activity, and land disturbing activities associated with structural or impervious rede- velopment. (2) "Regional retention/detention system" means a stormwater quantity control structure designed to correct existing or predicted excess surface water run- off problems of a basin or subbasin. The area down- stream has been previously identified as having existing or predicted significant and regional flooding and/or erosion problems. This term is also used when a deten- tion facility is used to detain stormwater runoff from a number of different businesses, developments or areas within a drainage basin. (3) "Reimbursement agreement" shall mean an agreement entered into between the installer of a util- ity facility and the Department for the purpose of reim- bursing the installer for all or part of the costs for installation or extension of the utility system. (4) "Retention/detention facility (R/D)" means a type of drainage facility designed either to hold water for a considerable length of time and then release it by evaporation, plant transpiration, and/or infiltration into the ground; or to hold surface and stormwater run- off for a short period of time and then release it to the surface and stormwater drainage system. (s) (1) "Sanitary sewer" shall mean only those portions of the utility system which are designated by the Director to carry, transport, or dispose of waste mat- 15.01-5 (Revised 5/10) ter not constituting storm or surface water permitted by or under this Code to enter the sewer system. (2) "Septage waste" shall mean waste material pumped from an on-site wastewater disposal system such as a septic tank or cesspool or holding tank. (3) "Sewage" shall mean the liquid wastes and all constituents therein that are related to the use of such sanitation facilities, toilets, bathtubs, showers, sinks, dishwashers, washing machines, garbage grinders, and other devices. However, any other water that enters san- itary or combined sewers before or after discharge by a user shall thereafter also be called sewage. "Sewage" is essentially synonymous with the term "wastewater," except that wastewater may also contain liquid wastes discharged from industrial operations or processes. (4) "Single-family parcel or unit" shall mean a parcel which has been developed with a single-family living unit. (5) "Site" means the portion of a piece of property which is directly subject to development. (6) "Slope" means the degree of deviation of a surface from the horizontal; measured as a numerical ratio, percent, or in degrees. Expressed as a ratio, the first number is the horizontal distance (run) and the sec- ond is the vertical distance (rise), as 2:1. A 2:1 slope is a fifty (50) percent slope. Expressed in degrees, the slope is the angle from the horizontal plane, with a ninety (90) degrees slope being vertical (maximum) and forty-five (45) degrees being a 1:1 or one hundred (100) percent slope. (7) "Source control BMP" means a BMP that is intended to prevent pollutants for entering stormwa- ter. Examples of source control BMPs are erosion con- trol practices, maintenance of stormwater facilities, constructing roofs over storage and working areas, oil water separation devices, and directing wash water and similar discharges to the sanitary sewer or a dead end sump. (8) "Standard construction costs" shall mean the total cost of installation of a utility piping system, including the cost of all manholes, distribution system, or incidental work necessary to place the utility system in service, meeting the minimum size and installation requirements of the utility for the intended service. (9) "Standard sewer connection" shall mean a connection made to a gravity trunk or lateral sanitary sewer of the City, except those City sewer lines identi- fied by the Director as a waterfront or pressure sewer line. (10)"Standard sanitary sewer" shall mean a sanitary trunk sewer not less than eight inches in diam- eter and constructed in accordance with current utility standards. (11)"Standard stormwater line" shall mean a stormwater line not less than twelve (12) inches in diam- eter and constructed in accordance with current utility standards. (12)"Standard water main" shall mean a water distribution line not less than eight (8) inches in diame- ter and constructed in accordance with current Utility standards. (13)"Stormwater" means that portion of pre- cipitation that does not naturally percolate into the ground or evaporate, but flows via overland flow, inter- flow, channels or pipes into a defined surface water channel, or a constructed infiltration facility. (14)"Stormwater drainage system" means con- structed and natural features which function together as a system to collect, convey, channel, hold, inhibit, retain, detain, infiltrate, divert, treat or filter stormwater. (15)"Stormwater facility" means a constructed component of a stormwater drainage system, designed or constructed to perform a particular function, or mul- tiple functions. Stormwater facilities include, but are not limited to, pipes, swales, ditches, culverts, street gutters, detention basins, retention basins, constructed wetlands, infiltration devices, catchbasins, oil/water separators, sediment basins and modular pavement. (16)"Stormwater Management Manual" or "Manual" means the Manual adopted by reference by the City which may include excerpts from the King County Stormwater Design Manual (November 1992) and such other standards of the City incorporated in the "System Development and Construction Standards Manual." (17)"Stormwater system" shall mean all facili- ties for collecting, transporting, pumping, treating and discharging stormwater. (t) (1) "TSS" (denoting total suspended solids) shall mean materials that either float on the surface of, or are in suspension in, water, sewage, or other liquids, and which are removable by laboratory filtering. (u) (1) "Undeveloped parcels" shall mean any parcel of real property that has not been altered by grad- ing or filling of the ground surface, or by construction of any improvement or other impervious surface area that affects the hydraulic properties of the parcel. (2) "Unoccupied parcel" shall mean real prop- erty on which no structure requiring utility service exists. (3) "User" shall mean any person, business, or institution owning or controlling property for which utility service is provided and who is responsible for an account. (4) "User parcel" shall mean any parcel of land within the utility service area to which water, sewer, or stormwater service is currently provided or to (Revised 5/10)15.01-6 which a charge is imposed therefor, or any other of land with any significant man-made impervious surface. (5) "Utility" shall mean the water, wastewa- ter, and stormwater utility systems of the City. (v) (1) "Verified strength user" shall mean any user whose wastewater exceeds the strength limits of the industrial user class or who desires to be charged for wastewater service on the basis of its specific discharge rather than average class strength. (w) (1) "Wastewater" shall mean liquid wastes, and all constituents dissolved or suspended therein, dis- charged by residential, commercial, or industrial users of the wastewater facilities system. "Wastewater" is essentially synonymous with the term "sewage." (2) "Wastewater system" shall mean all facil- ities for collecting, transporting, pumping, treating, and disposing of sewage, including sludge utilization. (3) "Water system" shall mean all facilities for treatment, transmission and distribution of water. (4) "Watershed" means a geographic region within which water drains into a particular river, stream, or body of water as identified and numbered by the State of Washington Water Resource Inventory Areas (WRIAs) as defined in Chapter 173-500 WAC. (5) "Wetlands" means those areas as defined in the City’s Critical Areas Ordinance and include areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prev- alence of vegetation typically adopted for life in satu- rated soil conditions. (Ord. 5103 §1, 2010; Ord. 5026 §1, 2007; Ord. 4909 §1, 2004; Ord. 4734; Reaffirmed, 11/30/2000; Ord. 4684, Amended, 12/28/1999; Ord. 4454 §1 (in part), 1994; Ord. 4309 §2 (in part), 1991) 15.01.030 UTILITY SERVICE AGREEMENT. (a) Each customer of the utility and any person requesting utility service from the utility for water, wastewater, or stormwater shall be required to make application and enter into a utility service agreement. Agreements shall be executed prior to connection to the utility system or activation of the account. (b) The agreement shall include the name and address of the owner and the service address of the pre- mises served together with the service requested. The agreement shall be signed by the owner of the property or his designated agent and shall be filed with the Department. The applicant shall pay all fees for installa- tion of the utility service as herein provided at the time of filing. (c) The agreement for service shall constitute a contract between the applicant and the Department in which the applicant agrees to pay for service provided at the rate and in the manner specified. (d) The agreement shall be effective at the time it is signed by the Director or his designee and charges for service to the premises shall be assessed from date of connection. (e) Estimated fees, assessments, and conditions quoted by the Department in writing for utility service shall become invalid after one hundred eighty (180) days from the date of the estimate unless the applicant enters into a utility service agreement with the Depart- ment prior to that time. (Ord. 4909 §2, 2004; Ord. 4454 §1 (in part), 1994; Ord. 4442 §4, 1993; Ord. 4309 §2 (in part), 1991) 15.01.040 CONDITIONS OF SERVICE - RETAIL. (a) Access. The Department shall, as a condition of providing utility service, be granted the authority by the property owner to make reasonable periodic inspec- tions of the service connection and related appurte- nances. Such inspections may be by the Department or other appropriate agency to enforce any of the provi- sions of local, State, or federal laws, or any regulation adopted hereunder. Failure to conform to the terms and conditions shall constitute a breach of the agreement, and shall entitle the Department to charge fees and enforce penalties or discontinue the service after notice as set forth in BMC 15.07.080 for delinquent accounts. (b) Interruption/Failure of Service. The Depart- ment reserves the right to temporarily discontinue ser- vice at any time without notice to the consumer and the City shall not be liable for damages for such interruption or failure nor be held in breach of contract. It shall further be provided that the City shall not be held responsible for any damages resulting from defec- tive plumbing or appliances on the premises, and the fact that the agents of the Department or City have inspected the plumbing and appliances shall not consti- tute a basis of recovery. Damages to premises resulting from the utility system having been interrupted or failed shall not constitute a breach of contract on the part of the Department or in any way relieve the consumer from performing the obligations of his contract. (Ord. 4454 §1 (in part), 1994; Ord. 4309 §2 (in part), 1991) 15.01.050 CONDITION OF SERVICE - CONTRACT. The Department may contract for sale of surplus water or collection of wastewater and/or stormwater with other districts or other public agencies providing utility service. Such services shall be through a whole- sale contract, under such terms and conditions as shall be deemed fair and equitable by the Department and approved by the City Council. (Ord. 4454 §1 (in part), 1994; Ord. 4309 §2 (in part), 1991) 15.01-6.1 (Revised 5/10) 15.01.060 PENALTY FOR FALSE INFORMATION. The conveyance to the Department of false infor- mation in an application for a utility service or adjust- ment credits shall forfeit the customer’s rights to service or credits, and the customer, in the case of a credit adjustment, shall be required to reimburse the amount of the credit received where based upon such false infor- (Revised 5/10)15.01-6.2 This page left intentionally blank. 15.06-1 (Revised 5/10) 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. 5103 §3, 2010; Ord. 5070 §1, 2008; 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 5/10)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. 15.06-7 (Revised 5/10) (g) Implementation Schedule for Annexed Proper- ties. When annexed to the City, all multiple family and commercial properties with two (2) or more ISUs will receive the rate adjustments described above per ISU for two (2) years from the date of annexation; provided, the property owner submits engineering plans and specifi- cations for on-site stormwater quantity and quality improvements for their property within nine (9) months of annexation, and said plans are approved by the Department according to System Development and Construction Standards. Failure to comply with any of the aforementioned provisions will result in these accounts being charged at the retail stormwater rate beginning one (1) year from annexation. (Ord. 5026 §3, 2007: Ord. 4734, Reaffirmed; 11/30/2000; Ord. 4729, Reaffirmed; 11/30/2000; Ord. 4684, Amended, 12/28/1999; Ord. 4675, Amended, 11/30/1999; Ord. 4496 §3, 1995; Ord. 4454 §1 (in part), 1994; Ord. 4442 §5, 1993) 15.06.060 MISCELLANEOUS FEES AND CHARGES. The Department shall set fees and charges to recover its administrative and operations expenses related to the services set forth herein. (a) Automatic Clearing House (ACH). All cus- tomers who utilize the ACH system for payment of their utility bill will be allowed a credit on each bill. Such credit will commence with the billing following applica- tion and approval for ACH. (b) Low-Income Senior Citizens and Low-Income Disabled Citizens. Only single-family residential accounts are eligible for the rates described in this sec- tion. To qualify for the low-income senior citizen rate, the individual shall meet the criteria established by RCW 74.38.070(2)(a). To qualify for the low-income disabled citizen rate, the individual shall meet the crite- ria established by RCW 46.16.381(1) or 74.18.020(4) and RCW 70.164.020(4). In order to remain eligible for these rates, the applicant shall be required to reapply each year with the Department. (c) Service Fee - Field. A service fee shall be charged for all service calls to the owner’s premises. Service calls shall include, but not be limited to, turn- on/turn-off of water services as a result of delinquent payment of accounts, after hours utility location requests, and repeat service calls during normal work hours. After hours, weekend, and holiday service requests shall require acknowledgment by signature of the requesting party on the form which identifies the addi- tional service and fee provided by the service specialist. The service fee shall be added to the regular utility bill. A fee shall be levied in the event it is necessary to remove and restore surface improvements, including but not limited to asphalt concrete and concrete streets and sidewalks, in order to install a service connection or other utility improvements. (d) Service Fee - Office. A service fee shall be charged for all account maintenance, including, but not limited to, activation and discontinuation of the utility account, changes in address, designated agents, dupli- cate billing, and property liens. The service fee shall be added to the regular utility bill. (e) Delinquency Charge. A delinquency charge of one (1) percent per month shall be added to the unpaid balance of each and every utility bill which is not paid on or before such bill becomes delinquent. (f) Cross-Connection Control Inspections. The Department shall charge a fee for the required annual inspection of backflow prevention devices if the cus- tomer requests the Utility to perform such service. (g) Fire Hydrant Services. The Department may enter into agreements with owners of private fire sys- tems for hydrant repairs and maintenance. (h) Grinder Pump Surcharge. The Department may enter into agreements to service customers with individual grinder pumps. An individual service charge shall be assessed to the customer for the city’s operation and maintenance of these pumps as set forth in Appen- dix A of this chapter. (Ord. 5103 §2, 2010: 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-A1 (Revised 5/10) Appendix A ASSESSMENTS, RATES, FEES, AND CHARGES EFFECTIVE JANUARY 1, 2009 Within Outside City Limits City Limits GENERAL FACILITY CHARGES Water (per meter size) 5/8" x 3/4" $2,511.00 $2,511.00 1" $6,276.00 $6,276.00 1-1/2" $12,554.00 $12,554.00 2" $20,084.00 $20,084.00 Greater than 2" Calculated Based on Usage Calculated Based on Usage Wastewater (per ERU) $3,801.00 $3,801.00 Stormwater (per ISU) $1,019.00 N/A CONNECTION/INSPECTION FEES Water Connection Fees 5/8" x 3/4" $1,957.00 $2,935.50 1" $2,109.00 $3,163.50 1-1/2" $3,308.00 $4,962.00 2" $4,201.00 $6,301.50 Greater than 2" Actual Time & Materials 150% of Actual Time & Materials Field Inspection Fees Water Main Extensions (per foot) $1.26 $1.89 but not less than: $468.00 $702.00 Pump Station $617.00 $926.00 Miscellaneous (per hour) $52.00 $78.00 Wastewater Connection Fees Lateral Connection at P/L $52.00 $60.00 Lateral Connection at Main $308.00 $354.00 Conveyance Facility Extensions (per foot) $1.70 $1.96 but not less than: $371.00 $427.00 Pump Station $617.00 $710.00 Miscellaneous (per hour) $52.00 $60.00 (Revised 5/10)15.06-A2 RETAIL WATER SERVICE RATES General Service - Monthly Service Charge Meter Size 5/8 x 3/4 inch $10.53 $15.80 1-inch $12.03 $18.05 1-1/2-inch $17.10 $25.65 2-inch $22.97 $34.46 3-inch $43.58 $65.37 4-inch $81.00 $122.00 6-inch $288.00 $432.00 8-inch $1,052.00 $1,578.00 10-inch $3,752.00 $5,628.00 12-inch $14,105.00 $21,158.00 Residential Commodity Charge (per HCF) 0 - 10 HCF/Month $1.14 $1.71 Over 10 HCF/Month $1.28 $1.92 Nonresidential Commodity Charge (per HCF) $1.24 $1.86 Fire Protection - Monthly Service Charge Service Size 1-inch $17.93 $26.90 1-1/2-inch $26.99 $40.49 2-inch $35.09 $52.64 3-inch $38.67 $58.01 4-inch $42.15 $63.23 6-inch $52.60 $78.90 8-inch $70.02 $105.03 10-inch $98.00 $147.00 12-inch $140.00 $210.00 Commodity Charge (per HCF) $2.48 $3.72 - For Usage Other Than Firefighting Low-Income Senior and Low-Income Disabled Citizen - Monthly Service Charge Base Charge (per account) $10.53 $15.80 Commodity Charge 0 - 5 HCF/Month No Charge No Charge 5 - 10 HCF/Month $1.14 $1.71 Over 10 HCF/Month $1.28 $1.92 Appendix A ASSESSMENTS, RATES, FEES, AND CHARGES EFFECTIVE JANUARY 1, 2009 Within Outside City Limits City Limits 15.06-A3 (Revised 5/10) RETAIL WATER SERVICE RATES (Continued) Temporary/Construction Meter 1" Meter Deposit $150.00 $150.00 Base Fee (per month) $12.03 $18.05 Setup Fee $106.00 $106.00 Hydrant Meter (3" Meter) Deposit $1,000.00 $1,000.00 Base Fee (per month) $43.58 $65.37 Setup Fee $106.00 $106.00 Equipment Loss/Damage Actual Time & Materials 150% of Actual Time & Materials Commodity Charge (per HCF) $1.24 $1.86 City Parks and Recreation Department - Irrigation Commodity Charge (per HCF) $0.62 Appendix A ASSESSMENTS, RATES, FEES, AND CHARGES EFFECTIVE JANUARY 1, 2009 Within Outside City Limits City Limits (Revised 5/10)15.06-A4 RETAIL WASTEWATER SERVICE RATES Monthly Service Charge Single-Family Base Charge (per account) $31.26 $35.95 Commodity Charge (per HCF) $4.19 $4.82 Duplex on 1 Meter or 2 Buildings on 1 Meter Base Charge (per unit) $24.76 $28.47 Commodity Charge (per HCF) $4.19 $4.82 Multifamily Base Charge (per unit) $24.76 $28.47 Commodity Charge (per HCF) $4.19 $4.82 Commercial I Base Charge (per account) $46.21 $53.14 Commodity Charge (per HCF) $4.32 $4.97 Commercial II Base Charge (per account) $47.01 $54.06 Commodity Charge (per HCF) $6.76 $7.77 Commercial III Base Charge (per account) $46.55 $53.53 Commodity Charge (per HCF) $5.53 $6.36 Low-Income Senior and Low-Income Disabled Citizen Base Charge (per account) $19.39 $22.30 Commodity Charge (per HCF) 0 - 5 HCF/Month No Charge No Charge Over 5 HCF/Month $4.19 $4.82 Septage Disposal (per gallon of tank capacity) $0.23 $0.23 Leachate per Gallon of Tank Capacity $0.11 $0.11 Appendix A ASSESSMENTS, RATES, FEES, AND CHARGES EFFECTIVE JANUARY 1, 2009 Within Outside City Limits City Limits 15.06-A5 (Revised 5/10) RETAIL WASTEWATER SERVICE RATES (Continued) Individual Residential Grinder Pumps Grinder Pump Surcharge $10.00 $12.50 Low-Income Senior and Low-Income Disabled Grinder Pump Surcharge $7.50 $10.00 RETAIL STORMWATER RATES Monthly Service Charge Residential I (Single-Family/Duplex) Base Charge (per account) $8.50 N/A Exception: Duplex With 2 Meters (per account) $4.28 N/A Residential II Base Charge (per ISU) + 50% of the Base Charge $12.75 N/A Residential III Base Charge (per ISU) + 100% of the Base Charge $17.00 N/A Commercial I Base Charge (per ISU) $8.50 N/A Commercial II Base Charge (per ISU) + 50% of the Base Charge $12.75 N/A Commercial III Base Charge (per ISU) + 100% of the Base Charge $17.00 N/A Public School Districts (per account) $8.50 N/A Low-Income Senior and Low-Income Disabled Citizen Base Charge (per account) $5.19 N/A Multifamily and Commercial Rate Adjustment Water Quality (per ISU) $0.94 N/A Water Quantity (per ISU) $2.84 N/A Stormwater Penalty New Multifamily and Commercial Development without On-Site Detention Charge (per ISU) $1.89 N/A Appendix A ASSESSMENTS, RATES, FEES, AND CHARGES EFFECTIVE JANUARY 1, 2009 Within Outside City Limits City Limits (Revised 5/10)15.06-A6 MISCELLANEOUS FEES AND CHARGES Park Reservation Fee $30.00 $30.00 (nonrefundable) Office Services New Account (includes water turn-on) $20.00 $20.00 Account Maintenance $5.00 $5.00 Past Due Notice $2.50 $2.50 Lien Recovery Charge $100.00 $100.00 Close Account/Meter Read/Water Service Turn-Off $20.00 $20.00 Field Services Pavement Restoration Charge (refundable, if assessed and not required) Asphalt Patch $694.00 $1,041.00 Concrete Patch $894.00 $1,341.00 Asphalt Trench $817.00 $1,225.50 Concrete Trench $2,348.00 $3,522.00 County Road Permit N/A Cost Wet Tapping (Water Main Only)* 8" and smaller - excluding excavation and backfill $2,514.00 $3,771.00 8" and smaller - service to property line $5,349.00 $8,023.50 Greater than 8" x 8" Actual Time & Materials 150% of Actual Time & Materials Fire Hydrant Installation* 8" x 6" and smaller service to property line $6,505.00 $9,757.50 Greater than 8" x 6" Actual Time & Materials 150% of Actual Time & Materials Water Meter Reinstallation 3/4" and 1" $83.00 $83.00 1-1/2" and 2" $132.00 $132.00 3" and greater Actual Time & Materials Actual Time & Materials Water Meter Reactivation $50.00 $50.00 Water Meter Tampering Tampering Removal $200.00 $200.00 Tampering Reinstallation Actual Time & Materials Actual Time & Materials *Does not include pavement restoration charge Appendix A ASSESSMENTS, RATES, FEES, AND CHARGES EFFECTIVE JANUARY 1, 2009 Within Outside City Limits City Limits 15.06-A7 (Revised 5/10) MISCELLANEOUS FEES AND CHARGES (Continued) Cross-Connection Control Inspection $50.00 $50.00 Fire Service - Detector, Meter and MXU $436.00 $436.00 Storz Adapter $247.00 $247.00 Water Service Turn-Off/Turn-On (customer request) Regular Hours $20.00 $20.00 After Hours $175.00 $175.00 Delinquency Notice $10.00 $10.00 Water Service Turn-Off/Turn-On (delinquent accounts) Regular Hours $50.00 $50.00 After Hours $175.00 $175.00 Flow and Pressure Test (uncertified) 3/4" and 1" meters only $50.00 $50.00 1-1/2" and 2" meters only $90.00 $90.00 Larger than 2" Actual Time & Materials Actual Time & Materials Utility Plant Locates Regular Hours N/C N/C After Hours $191.00 $191.00 Emergency N/C N/C Meter Test Fee (based on meter size) 3/4" and 1" $132.00 $132.00 1-1/2" and 2" $182.00 $182.00 3" or greater Actual Time & Materials Actual Time & Materials Engineering Services* Plan Check Fees Main Extensions (per foot) $0.29 $0.44 but not less than: $244.00 $366.00 (includes hydrants and appurtenances and connection to water system) Pump Stations $613.00 $920.00 Fireline Extension $98.00 $147.00 Irrigation Systems $98.00 $147.00 System Connections $98.00 $147.00 Appendix A ASSESSMENTS, RATES, FEES, AND CHARGES EFFECTIVE JANUARY 1, 2009 Within Outside City Limits City Limits (Revised 5/10)15.06-A8 MISCELLANEOUS FEES AND CHARGES (Continued) Miscellaneous (per hour) $52.00 $78.00 *Fees include original review and one resubmittal review Additional reviews will be charged at miscellaneous hourly rate (above) Storm Drainage Plan Review Fees ** Preliminary Drainage Plans Residential Development $379.00 N/A Nonresidential Development $262.00 N/A Plus per ISU $11.41 N/A Final Detailed Drainage Plans Residential Development (per lot) 0 - 20 Lots $41.07 N/A 21 - 50 Lots $29.67 N/A 51 - 100 Lots $26.25 N/A 100+ Lots $22.82 N/A Minimum Charge $291.00 N/A Nonresidential Development Per ISU $22.82 N/A Minimum Charge $349.00 N/A Resubmittal Fees First Resubmittal No Charge N/A Subsequent Resubmittal $291.00 N/A Storm Drainage Inspection Fees ** Residential Development (per lot) $17.12 N/A Nonresidential Development (per ISU) $17.12 N/A Minimum Charge $175.00 N/A Conveyance Facility Extensions (per foot) $0.91 N/A Minimum Charge $349.00 N/A Unscheduled Inspections* (per site visit) $52.00 N/A *Unscheduled inspections shall be tracked through the course of a project and billed after the final site inspection. Fees for unscheduled inspections shall be paid prior to final occupancy approval. **Does not apply to single-family residence or duplex construction on an existing established lot. Utility/Lien Search Fee (Manual)*** $30.00 $30.00 ***Search per parcel Appendix A ASSESSMENTS, RATES, FEES, AND CHARGES EFFECTIVE JANUARY 1, 2009 Within Outside City Limits City Limits 15.08-1 (Revised 5/10) Chapter 15.08 APPEALS Sections: 15.08.010 APPEALS - PUBLIC WORKS AND UTILITY DEPARTMENT. 15.08.020 APPEAL - ADMINISTRATIVE HEARING EXAMINER. 15.08.010 APPEALS - PUBLIC WORKS AND UTILITY DEPARTMENT. A property owner, tenant or developer ("customer") shall have the right to appeal matters dealing with utility accounting, billing and service termination. In the case of termination of service, an appeal shall be filed in writing with the Public Works and Utility Department ("Department") within fourteen (14) days of the notice of termination. All other complaints shall be filed within thirty (30) days of notice of the action appealed. The Department shall be required to respond in writing to the appellant within thirty (30) days affirming or reversing its decision or requesting additional infor- mation for adjudication of the complaint. (Ord. 5103 §4 (part), 2010: Ord. 4454 §1 (in part), 1994; Ord. 4309 §2 (in part), 1991) 15.08.020 APPEAL - ADMINISTRATIVE HEARING EXAMINER. Any customer aggrieved by the Department’s deci- sion after a written complaint has been denied by the Department under BMC 15.08.010 may, within fourteen (14) calendar days from the date that the Department’s decision was mailed to the customer, appeal such denial or revocation by filing a written notice of appeal setting forth the grounds therefor with the Administrative Hear- ing Examiner pursuant to Chapter 2.13 BMC. A filing fee as set forth in Chapter 3.01 BMC shall be submitted with the appeal, which filing fee is required to process the appeal. The hearing shall be conducted in accor- dance with the procedures for hearing contested cases set out in Chapter 2.13 BMC. After the hearing thereon, the Administrative Hearing Examiner shall, after appro- priate findings of fact and conclusions of law, affirm, modify, or overrule the Department’s decision, and may impose any terms thereupon. The decision of the Administrative Hearing Exam- iner shall be final. The customer and/or the City may seek review of the decision by the Superior Court of Washington in and for Kitsap County within twenty-one (21) calendar days from the date of the decision. (Ord. 5103 §4 (part), 2010: Ord. 4547, Amended, 03/28/1996; Ord. 4526 §5, 1995; Ord. 4512 §4, 1995; Ord. 4454 §1 (in part), 1994; Ord. 4309 §2 (in part), 1991) 18.02-13 (Revised 5/10) cuits shall provide the interior notification. When a structure exceeds one floor, a flow switch shall be provided for each floor. A flow alarm shall be identified by floor. Exception: NFPA 13D sprinkler systems do not require interior audible/visual notification appli- ances, except if a fire alarm system is installed, then the fire alarm system notification circuits shall provide the interior notification. (q) Automatic Sprinkler Systems. Section 903 of the International Fire Code, entitled "Automatic Sprin- kler Systems," is amended by substituting Subsection 903.4.3 with the following: Sec. 903.4.3 Floor control valves. Approved supervised indicating control valves shall be provided at the point of connection to the riser on each floor. (Ord. 5016 §1 (part), 2007: Ord. 4958 §2, 2005; Ord. 4903 §1, 2004) 18.02.090 AMENDMENTS TO THE INTERNATIONAL FIRE CODE - SECTION 907, FIRE ALARM AND DETECTION SYSTEMS. The following local amendments to Section 907 of the International Fire Code, entitled "Fire Alarm and Detection Systems," are adopted and incorporated into the International Fire Code: (a) Fire Alarm and Detection Systems - General. Section 907 of the International Fire Code, entitled "Fire Alarm and Detection Systems," is amended to add the following to Subsection 907.1.1: Sec. 907.1.1 Construction documents. 12. A Bremerton Fire department submittal checklist. 13. A copy of the device/zone map. 14. Fire alarm systems which contain 25 or more SLC/NAC devices combined, shall be submitted on no less than 11x17 sized drawings and 1/8"=1' scale with a digital copy of the de- sign in DWG, DWF or other approved format. (PDFs are not acceptable.) (b) Fire Alarm and Detection Systems - Where Required. Section 907 of the International Fire Code, entitled "Fire Alarm and Detection Systems," is amended by substituting Subsection 907.2 with the fol- lowing: Sec. 907.2 Where required. All new and re- modeled occupancies where the fire area ex- ceeds 4,000 square feet, an approved manual and automatic fire alarm system shall be provid- ed. Approved addressable fire alarm systems will be required in all buildings having 10 or more fire alarm system devices. Where auto- matic sprinkler protection installed in accor- dance with Section 903.3.1.1 or 903.3.1.2 is provided and connected to the fire alarm sys- tem, automatic heat detection requirements of this section may be modified upon specific ap- proval by the fire code official. Exceptions: 1. Group U Occupancies. 2. Occupancies protected throughout by an approved/monitored automatic sprinkler system can delete heat detectors from the system. 3. One and two family residences. 4. Those buildings that require 10 or less fire alarm devices pursuant to 907.2. In all remodels of existing non-sprinkled build- ings over 4,000 square feet gross floor area, when the value of any remodel work exceeds 50 percent of the building’s assessed valuation. In any non-sprinkled existing building over 4,000 square feet gross floor area when a change in occupancy use classification occurs. Smoke detection shall be placed in: 1. Hallways, corridors, exit passages and all other primary egress components. 2. Above the fire alarm panel and all annunci- ator panels. 3. Rooms, assembly areas or other spaces which exceed 400 square feet. Heat detection shall be placed in all areas not covered by smoke detection. Exception: Buildings equipped with a fire sprin- kler system. A fully functional annunciator panel shall be placed at the main entrance(s) and fire sprinkler room(s). (Revised 5/10)18.02-14 Graphic annunciators shall be utilized in all highrises and schools. Shielded fire alarm cable shall be utilized as re- quired by the fire code official. Prescriptive smoke detector placement shall utilize Table 5.6.5.5.1 from NFPA 72 2002 edi- tion when ceiling heights exceed 10'. Prescrip- tive smoke detector placement of spot detectors shall not exceed 30' in height. Beam detectors shall be utilized in complex designs and ceilings in excess of 30'. (c) Fire Alarm and Detection Systems - Retroac- tive R-2 Visible Notification. Section 907 of the Interna- tional Fire Code, entitled "Fire Alarm and Detection Systems," is amended to add Subsection 907.10.3 as fol- lows: Sec. 907.10.3 Retroactive R-2 visible notifi- cation. At the request of the tenant, the building owner shall replace an existing audible device to an audible/visible device to assist hearing im- paired tenants. Building owners are not re- quired to otherwise change or modify fire alarm systems if due to design or device placement this option is not feasible. (d) Fire Alarm and Detection Systems - Duct Smoke Detectors. Section 907 of the International Fire Code, entitled "Fire Alarm and Detection Systems," is amended to repeal Exception 1 in Subsection 907.12. The amended Subsection 907.12 reads as follows: Sec. 907.12 Duct smoke detectors. Duct smoke detectors shall be connected to the building’s fire alarm control panel when a fire alarm system is provided. Activation of a duct smoke detector shall initiate a visible and audi- ble supervisory signal at a constantly attended location. Duct smoke detectors shall not be used as a substitute for required open area de- tection. Exception: In occupancies not required to be equipped with a fire alarm system, actuation of a smoke detector shall activate a visible and an audible signal in an approved location. Smoke detector trouble conditions shall activate a visi- ble or audible signal in an approved location and shall be identified as air duct detector trou- ble. (e) Fire Alarm and Detection Systems - Monitor- ing. Section 907 of the International Fire Code, entitled "Fire Alarm and Detection Systems," is amended by substituting Subsection 907.15 with the following: Sec. 907.15 Monitoring. Where fire alarm sys- tems are required by this chapter or by the Inter- national Building Code, a U.L.-listed central monitoring station in accordance with NFPA 72 shall monitor fire alarm systems. Exception: Supervisory service is not required for: 1. Single- and multiple-station smoke alarms required by Section 907.2.10. 2. Smoke detectors in Group I-3 occupan- cies. 3. Automatic sprinkler systems in one- and two-family dwellings. 4. Those existing R-1 and R-2 occupancies that are addressed by section 18.03.120(a) of the Bremerton Municipal Code. (f) Fire Alarm and Detection Systems - Testing Prerequisites. Section 907 of the International Fire Code, entitled "Fire Alarm and Detection Systems," is amended by adding a new Subsection 907.17.1: Sec. 907.17.1 Testing Prerequisites. Upon completion of the installation or alteration, a sat- isfactory test of the entire system and its func- tions shall be made in the presence of the fire code official within two weeks of completion of installation. Prior to the acceptance test, written documentation shall be provided to the fire de- partment certifying that the system has been in- stalled and pre-tested in accordance with the approved plans and specifications. (g) Fire Alarm and Detection Systems - Loca- tion/Security. Section 907 of the International Fire Code, entitled "Fire Alarm and Detection Systems," is amended by adding a new Subsection 907.21: Sec. 907.21. Location/Security. The control unit, remote annunciator, alarm panel, and ac- cess keys to locked fire alarm equipment shall be installed and maintained in a location ap- proved by the fire code official. All occupancies equipped with a fire sprinkler or alarm system shall install a key safe below an exterior horn strobe and near the access to the remote an- nunciator or main entrance. Alarm panel access keys and building access keys or master keys shall be provided and kept in an on-site wall mounted entry key safe provided by the building owner and shall meet specifications of the fire code official. 18.06-1 (Revised 5/10) Chapter 18.06 AMBULANCE SERVICES Sections: 18.06.010 DEFINITIONS. 18.06.020 APPLICABILITY. 18.06.030 LICENSE REQUIRED - APPLICATION. 18.06.040 INSURANCE. 18.06.050 AMBULANCES AND EQUIPMENT. 18.06.060 PERFORMANCE STANDARDS - COMPLIANCE - RECORDS. 18.06.070 EMERGENCY NOTIFICATION. 18.06.080 RESPONSE TO 911 INITIATED AID CALLS. 18.06.090 MUTUAL AID. 18.06.100 RATES - FILING REQUIRED. 18.06.110 DENIAL OR REVOCATION OF LICENSE. 18.06.120 VIOLATION - PENALTY. 18.06.010 DEFINITIONS. For the purposes of this chapter, the following def- initions shall apply: (a) "Advanced life support (ALS)" means those services requiring medical treatment by a certified para- medic. (b) "Aid call" means any 911 initiated call, request or dispatch for emergency medical treatment. (c) "Ambulance" means any privately or publicly owned ground transportation vehicle that is especially designed, constructed, equipped, maintained or used for the transportation of patients who are sick, injured or otherwise incapacitated, which is operated as part of an ambulance service. (d) "Ambulance service" means any person, as defined in this section, who operates an ambulance for hire which is either stationed within or outside the City limits or dispatched from within or outside the City lim- its to pick up injured or sick fares within the City or which makes trips to the City, from points outside its City limits, for the purpose of transporting sick or injured fares from points within the City; provided, however, that the provisions of this chapter shall not apply to any ambulance which shall pass through the City in the delivery of fares picked up at points beyond the limits of the City. (e) "Basic life support (BLS)" means those medi- cal services which can be performed by one who is a cer- tified emergency medical technician. (f) "Cencom (911)" means the Central Communi- cation Emergency Dispatch Center. (g) "Communication system" means two-way radio communications equipment necessary for commu- nication between ambulances, dispatchers, hospitals and other agencies as needed, including those with a four (4) band multifrequency capability. (h) "Department" means City of Bremerton Fire Department. (i) "Emergency" means a situation or patient con- dition (1) in which either of the administration of a drug (except oxygen) or initiation of an intravenous line is performed; or (2) in which a person requesting ambu- lance assistance requires immediate response by medi- cally trained personnel; or (3) which an EMT would assess, in the interest of good patient care, to require the assistance of at least a paramedic certified pursuant to Chapter 18.71 RCW and regulations promulgated there- under. (j) "Emergency medical technician (EMT)" means a person who is certified as such by the Secretary, pursuant to Chapter 18.73 RCW and regulations pro- mulgated thereunder. (k) "Mutual aid" refers to situations in which a licensed nonemergency BLS ambulance service is required, as determined by the Department, to make ambulances and personnel available for emergency response under the City’s direction. (l) "Patient" means an individual who is sick, injured, wounded or otherwise incapacitated or helpless. (m) "Person" means any individual, firm, partner- ship, association, corporation, company, or group of individuals acting together for a common purpose or organization of any kind, including any governmental agency other than the United States. (n) "Secretary" means the Secretary of the Depart- ment of Health of the State of Washington. (Ord. 5102 §1 (in part), 2010: Ord. 4848 §1 (in part), 2003; Ord. 4367 (in part), 1992. Formerly 5.50.010) 18.06.020 APPLICABILITY. (a) The provisions of this chapter shall apply to nonemergency BLS ambulance services operating within the City of Bremerton limits. (b) Ambulance services providing ALS and BLS interfacility transports shall follow the guidelines estab- lished under Chapter 18.71 RCW, Kitsap County EMS Council and Kitsap County Medical Program Director. (Ord. 5102 §1 (in part), 2010: Ord. 4848 §1 (in part), 2003; Ord. 4367 (in part), 1992. Formerly 5.50.020) 18.06.030 LICENSE REQUIRED - APPLICATION. (a) No person, firm, or corporation shall operate or cause to be operated an ambulance or ambulance service within the City without first obtaining a Washington State verification and license in addition to a City busi- ness license. No person, firm, or corporation, other than (Revised 5/10)18.06-2 the Department, shall operate or cause to be operated emergency ALS ambulance service within the City lim- its, except as provided in BMC 18.06.090. (b) An application for a business license to operate an ambulance or ambulance service shall contain the following information: (1) A description of each ambulance, includ- ing the make, model, year of manufacture, motor chassis and VIN number, together with current state license number, the length of time the ambulance has been in use and the color scheme, insignia, name, monogram or other distinguishing characteristics to be used to desig- nate applicant’s ambulance. (2) The location and description of the place or places from which the ambulance service is intended to operate and the number of licensed EMTs to be ini- tially employed. (3) In the event that the applicant is granted a license, the applicant shall be required to immediately update its application when there is a change in any of the items listed on the application. The failure of the license holder to update its application upon a change in any of the required items will result in a violation of this chapter. (c) Upon receiving an application and the fee, the City shall forward the application to the Fire Chief for review and approval. No license shall be issued unless the Fire Chief is satisfied, pursuant to policies duly adopted, that (1) the applicant is properly certified by the State; (2) the applicant’s facilities, ambulances, and equipment meet State and local standards; (3) employ- ees of applicant are EMT certified and in good standing; (4) a record check of the applicant and its employees shows no criminal convictions within five (5) years prior to the date of application of federal, state or local laws involving the custody of incapacitated persons, the custody of narcotic or controlled substances, or the use of motor vehicles; (5) the applicant has fulfilled all the requirements of the laws of the state, including, but not limited to, Chapter 18.73 RCW and Chapter 248-17 WAC, as those chapters currently exist or are hereafter amended, pertaining to emergency medical care and transportation services and ambulance rules and regula- tions; (6) the applicant has met all the requirements of this chapter; (7) all personnel employed by the applicant are state certified and have regular emergency vehicle driving training. (Ord. 5102 §1 (in part), 2010: Ord. 4848 §1 (in part), 2003; Ord. 4367 (in part), 1992. For- merly 5.50.030) 18.06.040 INSURANCE. (a) Each ambulance service shall obtain from a reputable insurance company and, at all times, maintain in full force the following insurance: (1) Comprehensive general liability insurance written on an occurrence basis with limits no less than one million dollars ($1,000,000) combined single limit per occurrence and one million dollars ($1,000,000) general aggregate for personal injury, bodily injury and property damage; (2) Automobile liability insurance with limits no less than one million dollars ($1,000,000) combined single limit per accident for bodily injury and property damage; and (3) Professional liability insurance with limits no less than one million dollars ($1,000,000) limit per occurrence/claim. (b) Applicant shall provide an insurance certificate to this effect, naming the City of Bremerton as an addi- tional insured on the comprehensive general liability and automobile liability policies prior to the issuance of a business license. Such policies shall also provide for not less than thirty (30) days’ written notice to the City Clerk of intended cancellation of coverage. The cancel- lation and/or termination of any such policy shall auto- matically revoke and terminate any business license issued for the ambulance service, unless a substitute insurance policy complying with the provisions of this section shall be provided and be in effect at or prior to the time of such cancellation or termination. (Ord. 5102 §1 (in part), 2010: Ord. 4848 §1 (in part), 2003; Ord. 4367 (in part), 1992. Formerly 5.50.040) 18.06.050 AMBULANCES AND EQUIPMENT. (a) Ambulances shall be maintained and inspected pursuant to requirements from time to time adopted by the Secretary. All ambulance services shall provide the Department with copies of reports of inspection submit- ted to the Secretary pursuant to RCW 18.73.145. (b) Inspection by the City. In addition to any other inspection required by state law, the Department shall have the right to inspect the records, equipment, and accessories of all ambulance services up to twice annu- ally at the discretion of the Department. Additionally, the Department shall conduct individual inspections of an ambulance service within three (3) days of the receipt of any complaint about the ambulance service. Notwith- standing the above required inspections or any other provision of this chapter, the Department may, at all rea- sonable times, inspect the records, equipment and acces- sories of any ambulance service. (c) The ambulance service shall pay an inspection fee for each inspection required under this chapter and further shall pay an inspection fee as set forth in Chapter 3.01 BMC for each inspection prompted by complaint; provided, however, that no complaint-prompted inspec- tion fee shall be paid where the Chief of the Department has determined the complaint to be unwarranted and without substantial merit. 18.06-3 (Revised 5/10) All inspection fees shall be prepaid to the City Trea- surer. Proof of payment must be provided before inspec- tions commence. Any deficiencies identified during inspection shall be remedied within thirty (30) days or the ambulance service business license shall be subject to revocation. (d) All ambulances and equipment storage and cleaning areas shall be subject to inspection by the Department, during operating hours, to ensure that they are maintained in a clean and functional state. Disinfec- tion or chemical sterilization of reusable equipment must meet guidelines established by the National Center for Disease Control. (e) Each ambulance service shall take immediate action to eliminate any unsanitary condition upon becoming aware of such and shall immediately correct any unsafe situation as directed by the Fire Chief or the Secretary by written notice. (f) Ambulances shall not be used without the min- imum equipment prescribed by the Secretary. In the event a variance from said requirements is granted by the State, the licensee must notify the Department of the variance granted. (Ord. 5102 §1 (in part), 2010: Ord. 4848 §1 (in part), 2003; Ord. 4367 (in part), 1992. For- merly 5.50.080) 18.06.060 PERFORMANCE STANDARDS - COMPLIANCE - RECORDS. (a) All services performed hereunder shall be in accordance with the standards and principles of the course of instruction given EMTs or paramedics, as the case may be, by the State, and pursuant to local medical protocols established from time to time by the Kitsap County Medical Program Director. (b) Records of 911 initiated calls shall be logged by ambulance crews and shall include the appearance and status of and treatment administered to injured, sick, or incapacitated persons treated or transported. Copies of such records shall be mailed or otherwise delivered to the Kitsap County EMS Office on a monthly basis, or more often if requested for good cause. Subject to the requirements of the State Public Disclosure Act, such records shall be confidential and shall be released only to proper officials of the City or Kitsap County EMS Office. (Ord. 5102 §1 (in part), 2010: Ord. 4848 §1 (in part), 2003; Ord. 4367 (in part), 1992. Formerly 5.50.090) 18.06.070 EMERGENCY NOTIFICATION. In the event a call for emergency medical assistance is received by an ambulance service or a representative thereof, the caller shall be directed to call Cencom (911) and the ambulance service representative shall also call Cencom (911). (Ord. 5102 §1 (in part), 2010: Ord. 4848 §1 (in part), 2003; Ord. 4367 (in part), 1992. Formerly 5.50.100) 18.06.080 RESPONSE TO 911 INITIATED AID CALLS. (a) At each aid call to which a Department ambu- lance responds, the Department officer in charge shall determine whether the patient is in need of advanced life support (ALS) or basic life support (BLS) services. If the officer decides that the patient is in need of advanced life support services, the patient shall be transported to a hospital in a Department ambulance if available; pro- vided, however, if the patient’s medical interests would be best served by transporting the patient by private ambulance, the officer in charge may arrange for the patient to be transported in that manner. (b) No effort shall be made by an ambulance ser- vice to assume the custody of a patient before release of custody has been made by the Department officer in charge. (c) It is unlawful for an ambulance service, in responding by vehicle to any call requested by the Department, to use emergency lighting or siren, unless (1) responding to emergencies or transporting a patient in accordance with the mutual aid provisions of this chapter or (2) directed to do so by Department. (d) In the event there is more than one ambulance service operating in the City which seeks to participate in the 911 aid calls, a representative and/or representa- tives from each ambulance service shall meet and devise a rotation schedule that shall be submitted to the Depart- ment upon request. Said schedule shall: (1) provide for only one (1) company to respond to 911 initiated aid calls during any given month; (2) include a twelve (12) month rotation; (3) be amended only upon thirty (30) day notification to the City Clerk; and (4) provide for substitution by other ambulance service companies in the rotation under circumstances where an ambulance service has no ambulances available to provide service during its rotation. In the event a schedule is not submit- ted, the Department shall prepare a rotation schedule that shall control the assignment of 911 aid calls to ambulance services licensed under this chapter. (e) Each ambulance service shall keep available an adequate supply of ambulances, personnel and equip- ment which will enable it to respond to a 911 call for assistance within ten (10) minutes of the time of the request ninety percent (90%) of the time, and within fif- teen (15) minutes the remainder of the time. Response times shall be measured from the time of request for ser- vice is made from Cencom until the ambulance service arrives at the scene. The ambulance service may be requested by the Department to submit monthly reports at the conclusion of its rotation stating response times for all emergency calls served during its rotation. (f) In the event that the ambulance service has no ambulances available for emergency calls during its rotation, the ambulance service shall immediately advise the Department and Cencom of such conditions, (Revised 5/10)18.06-4 and shall further advise that the ambulance service is unavailable to respond to any emergency until further notification. (Ord. 5102 §1 (in part), 2010: Ord. 4848 §1 (in part), 2003; Ord. 4367 (in part), 1992. Formerly 5.50.110) 18.06.090 MUTUAL AID. (a) Each ambulance service shall cooperate with any request by the Department for mutual aid assistance within Kitsap County. (b) Each ambulance service shall equip its vehicles with radios capable of receiving and transmitting on City and County Fire Department frequencies, which frequencies shall be used by licensees only in the event of a request for service or a mutual aid situation described herein. (Ord. 5102 §1 (in part), 2010: Ord. 4848 §1 (in part), 2003; Ord. 4367 (in part), 1992. For- merly 5.50.120) 18.06.100 RATES - FILING REQUIRED. Each ambulance service at the request of the Department shall file with the Department its current schedule of rates to be charged for services. Such sched- ule or rates shall be a matter of public record open to public inspection in the Fire Department’s office during normal City business hours and such schedule must be adhered to by the licensee throughout the period for which the license is issued. (Ord. 5102 §1 (in part), 2010: Ord. 4848 §1 (in part), 2003; Ord. 4367 (in part), 1992. Formerly 5.50.130) 18.06.110 DENIAL OR REVOCATION OF LICENSE. Any application for a business license and any busi- ness license issued pursuant to Chapter 5.02 BMC may be denied or revoked for a violation of the provisions of this chapter pursuant to the procedures set forth in Chap- ter 5.02 BMC relating to the denial and revocation of general business licenses. (Ord. 5102 §1 (in part), 2010: Ord. 4848 §1 (in part), 2003) 18.06.120 VIOLATION - PENALTY. (a) Any violation of any provision of this chapter constitutes a civil violation under Chapter 1.04 BMC for which a monetary penalty may be assessed and enforce- ment may be required as provided therein. (b) In addition to or as an alternative to any other penalty provided in this chapter or by law, any person who violates any provision of this chapter shall be guilty of a misdemeanor pursuant to BMC 1.12.020(2). Each day, or a portion thereof, during which a violation occurs shall constitute a separate violation. (Ord. 5102 §1 (in part), 2010: Ord. 4848 §1 (in part), 2003; Ord. 4367 (in part), 1992. Formerly 5.50.140) 20.02-1 (Revised 5/10) Bremerton Municipal Code 20.02.020 Division I. Permitting Chapter 20.02 PROJECT PERMITS Sections: 20.02.010 PURPOSE AND INTENT. 20.02.020 DEFINITIONS. 20.02.030 GENERAL PROVISIONS. 20.02.040 PROJECT PERMIT PROCESSING PROCEDURES. 20.02.050 PRESUBMITTAL APPLICATION CONFERENCE. 20.02.060 SUBMISSION REQUIREMENTS. 20.02.070 VESTING. 20.02.080 OPTIONAL CONSOLIDATED PERMITTING PROCESS. 20.02.090 DETERMINATION OF COMPLETENESS. 20.02.100 NOTICE OF APPLICATION. 20.02.110 NOTICE OF HEARING. 20.02.120 JOINT PUBLIC HEARING. 20.02.130 NOTICE OF DECISION. 20.02.140 APPEALS. 20.02.150 DESIGN REVIEW. 20.02.160 DEVELOPMENT AGREEMENT REVIEW PROCEDURES. 20.02.170 PLANNED ACTIONS. 20.02.010 PURPOSE AND INTENT. (a) Fundamental land use planning choices made in adopted Comprehensive Plans and development reg- ulations shall serve as the foundation for project review. This chapter establishes how the City of Bremerton will process applications for project permits. (b) These procedures provide for an effective pro- cessing and review of permits consistent with Chapter 36.70B RCW. This chapter is applied in conjunction with Chapter 2.13 BMC (Administrative Hearing Examiner); Chapter 17.04 BMC (City Building Code); Chapter 20.04 BMC (State Environmental Policy Act); Chapter 20.12 BMC (Short Subdivisions and Plats); BMC Title 20, Division III; the Bremerton Shoreline Master Program; Chapter 20.14 BMC (Critical Areas); and other applicable codes making reference to this chapter. (Ord. 5091 §2 (part), 2009: Ord. 4938 §3 (part), 2005) 20.02.020 DEFINITIONS. Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter. "City" means the City of Bremerton. "Closed-record appeal" means an administrative appeal on the record on a project permit application fol- lowing an open-record hearing with no or limited new evidence or information allowed to be submitted and only appeal argument allowed. "Days" means calendar days. "Department" means Department of Community Development. "Director" means the Director of the Department of Community Development of the City of Bremerton or his/her designee. "Hearing body" means the City Council, Hearing Examiner or any other body designated by the City Council to preside over an open-record hearing or closed-record appeal. "Hearing examiner" means the Administrative Hearing Examiner pursuant to Chapter 2.13 BMC. "Open-record appeal hearing" means an open- record hearing held on an appeal when no open-record predecision hearing has been held on the project permit application. "Open-record hearing" means a hearing that creates the City’s record through testimony and submission of evidence and information, under procedures prescribed by the City by ordinance or resolution. An open-record hearing held prior to the City’s decision shall be known as an "open-record predecision hearing." "Parties of record" means: (1) The applicant; (2) The property tax payer as identified by the records available from the Kitsap County Assessor’s Office; (3) Any person who testified at the open- record public hearing on the application; and/or (4) Any person who submitted written com- ments during administrative review or has submitted written comments concerning the application at the open-record public hearing (excluding persons who have only signed petitions or mechanically produced form letters). "Project permit" or "project permit application" means any land use or environmental permit or license required from the City of Bremerton for a project action, including but not limited to building permits, site devel- opment permits, land use preparation permits, subdivi- sions, binding site plans, planned unit developments, conditional uses, shoreline substantial development per- mits, development plan review, site-specific rezones authorized by the Comprehensive Plan, but excluding adoption or amendment of the Comprehensive Plan and development regulations, zoning of newly annexed land, area-wide rezones, and zoning map amendments except as otherwise specifically included in this subsec- tion. (Revised 5/10)20.02-2 20.02.030 "Public meeting" means an informal meeting, hear- ing, workshop, or other public gathering of persons to obtain comments from the public or other agencies on a proposed project permit prior to the City’s decision. A public meeting may include, but is not limited to, a design review meeting, a special committee meeting, such as the short subdivision committee, or a scoping meeting on a draft environmental impact statement. A public meeting does not include an open-record hearing. The proceedings at a public meeting may be recorded and a report or recommendation may be included in the City’s project permit application file. "SEPA" means the State Environmental Policy Act and includes the provisions of Chapter 43.21C RCW, Chapter 197-11 WAC and Chapter 20.04 BMC. (Ord. 5091 §2 (part), 2009: Ord. 4938 §3 (part), 2005) 20.02.030 GENERAL PROVISIONS. (a) General Exemptions. The following permits or approvals are exempt from the procedures set forth in this chapter: (1) Landmark designations; (2) Street vacations; (3) Right-of-way/street use permits; (4) Permits or approvals relating to the use of public areas or facilities; (5) Permits or approvals involving the loca- tion or development of essential public facilities or util- ities; (6) Project permits not listed in this chapter which are categorically exempt from SEPA; (7) Legislative actions such as the adoption of or amendments to the Comprehensive Plan, subarea plans, area-wide map amendments, and development regulations. (b) Applicable Procedures. The Director shall determine the proper procedure for the processing of each project permit application pursuant to the provi- sions of this chapter. Disputes shall be resolved in favor of the higher category. Type I is considered the lowest and Type IV is the highest. (c) Standard Consistency. The City reviews pro- posals for consistency to applicable development regu- lations and the Comprehensive Plan. This determination includes consideration of the following: (1) The type of land use permitted, including uses that may be permitted under certain circumstances, provided the criteria for their approval is satisfied; (2) The density of development allowed such as units per acre or other measures of density; (3) Availability and adequacy of infrastruc- ture, which includes public facilities and services iden- tified in the Comprehensive Plan; and (4) Characteristics of the development such as development design standards. (d) Conflict with Other Regulations. When any provisions of this chapter conflict with provisions of other City regulations, ordinances or resolutions, the more restrictive shall apply. (e) Severability. If any part or provision of this chapter or the application of these regulations to any person or circumstances is adjudged invalid by any court of competent jurisdiction, the judgment shall be confined in its operations to the part, provision, or appli- cation directly involved in the controversy in which the judgment shall be rendered and it shall not affect or impair the validity of the remainder of these regulations or the application of them to other persons or circum- stances. (f) General Notice Requirements. The available records of the Kitsap County Assessor’s Office shall be used to determine the property tax payer of record. All notices shall be deemed to have been provided or received on the date the notice is deposited in the mail or personally delivered, whichever occurs first. Failure to provide the public notice as described in this chapter shall not be grounds for invalidation of a decision on a permit. (g) Optional Public Notice. In addition to required public notice, the City may provide notice to other indi- viduals or organizations interested or possibly affected by the proposal. Failure to provide optional public notice shall not be grounds for invalidation of a decision on a permit. (Ord. 5091 §2 (part), 2009: Ord. 4938 §3 (part), 2005) 20.02.040 PROJECT PERMIT PROCESSING PROCEDURES. Project permit applications are categorized as Type I, Type II, Type III or Type IV project permits. Permit processing procedures may include determination of completeness, notice of application, notice of public hearing and notice of decision. Applicable procedures for the processing of permits are pursuant to the follow- ing provisions: (a) Type I Project Permits. These are administra- tive decisions by the Director who may approve, condi- tionally approve or deny the application. They include permits categorically exempt from SEPA review or that have had SEPA review completed in connection with another application or permit. Type I project permit pro- cessing procedures are set forth in Table 040. Examples of Type I permits include administrative code interpre- tations, building/construction/demolition permits (SEPA exempt), final short subdivisions, permit revoca- tions, etc. (b) Type II Project Permit. These are administra- tive decisions by the Director with limited public notice. The Director has the authority to approve, conditionally approve or deny the application. Type II project permit processing procedures are set forth in Table 040. Exam- 20.02-3 (Revised 5/10) Bremerton Municipal Code 20.02.060 ples of Type II permits include administrative condi- tional use permits, short plats/binding site plans, site plan review (requiring SEPA), building/construc- tion/demolition permits (requiring SEPA), stand alone nonproject SEPA, etc. (c) Type III Project Permit. These are Hearing Examiner decisions. The Hearing Examiner may approve, conditionally approve, or deny the application. Type III project permit processing procedures are set forth in Table 040. Examples of Type III permits include nonadministrative conditional use permits, preliminary formal subdivisions, variances, etc. (d) Type IV Project Permit. These are decisions by the City Council after a closed-record hearing. The City Council may approve, conditionally approve, modify and approve or deny the application. Type IV project permit processing procedures are set forth in Table 040. Examples of Type IV permits include site-specific rezones, final formal subdivisions, development agree- ments, vacation of subdivisions, etc. (e) Table 040 Permit Processing Procedures. 1 The Hearing Examiner holds an open-record hearing for preliminary approval. The City Council makes a final decision at a public meeting; a second hearing is not required. 2 The Hearing Examiner holds an open-record hearing. The City Council holds a closed-record hearing for final approval. (Ord. 5091 §2 (part), 2009: Ord. 4938 §3 (part), 2005) 20.02.050 PRESUBMITTAL APPLICATION CONFERENCE. (a) Purpose. The purpose of the pre-application conference is to acquaint the applicant with the review procedures and applicable Bremerton Municipal Code provisions to the proposal. Type II, III and IV permits require a presubmittal application conference prior to submitting an application. Anyone choosing the consol- idated permit process set forth in BMC 20.02.060 also requires a presubmittal submittal application confer- ence. Only one (1) meeting is required for all project permit applications related to the same project action. (b) Waiver. The Director may waive the require- ment for a presubmittal application conference when a proposal is determined not to be of a size and complex- ity to require a detailed analysis. (c) Submission. Presubmittal application confer- ences may be held at any time before an application is submitted. A completed form and related information in sufficient number of copies as determined by the Direc- tor are required. The information does not need to meet the submission requirement set forth in BMC 20.02.060. (d) Timeline. The City shall hold the presubmittal application conference within thirty (30) days of the receipt of a completed request, unless the applicant agrees to an extension of this time in writing. (e) Nonbinding. The presubmittal application con- ference is not intended to be an exhaustive review of all potential issues and the discussions shall not be binding or prohibit the enforcement of applicable laws. Failure to provide all pertinent information may prevent the City from identifying all of the issues or providing the most effective presubmittal application conference. (f) Lapse of Time. If a time lapse of more than one (1) year occurs between a presubmittal application con- ference and the submission for permits, or if the Director determines the scope of the project has changed signifi- cantly from the presubmittal application conference, a new conference may be required. (Ord. 5091 §2 (part), 2009) 20.02.060 SUBMISSION REQUIREMENTS. (a) Application Contents. An application submit- ted to the Department shall be in a manner determined by the Director. Unless specified otherwise, an applica- tion shall at least include the following: (1) A completed application form; Application Type Determination of Completeness Notice of Application Notice of Hearing Notice of Decision Type I Permit No No No No Type II Permit Yes Yes No Yes Type III Permit Yes Yes Yes Yes Type IV Permit Yes Yes Yes Yes Development Agreement No No Yes Yes Final Subdivision1 No No No No Site Specific Rezone2 Yes Yes Yes Yes Stand Alone Nonproject SEPA No No No No (Revised 5/10)20.02-4 20.02.070 (2) A legal description of the property and associated tax account number(s); (3) A vicinity map showing the location of the property including surrounding major streets, shorelines and other reference points; (4) A site plan; (5) When required, mailing labels containing the names and addresses of all owners of record of par- cels within the notification radius; (6) When required, SEPA checklist and/or other environmental documentation; (7) Additional information required by the Director to support a decision on the application(s); (8) The application fee(s) for the permit(s) requested as set forth in Chapter 3.01 BMC or by other applicable rule or regulation. (Ord. 5091 §2 (part), 2009: Ord. 4938 §3 (part), 2005. Formerly 20.02.050) 20.02.070 VESTING. A project permit application shall vest in the land use regulations in effect on the land at the time of sub- mission of a completed project permit application as defined herein and all application fees are paid. (Ord. 5091 §2 (part), 2009: Ord. 4938 §3 (part), 2005. For- merly 20.02.060) 20.02.080 OPTIONAL CONSOLIDATED PERMITTING PROCESS. (a) An application which involves two (2) or more permits or procedures may have the processes consoli- dated under the highest project permit classification and procedures. The applicant shall request if they want their permit processes consolidated or if they want each permit processed individually. (b) If a project involving two (2) or more permits has the permits processed individually, the highest project permit classification and procedures shall be finalized before subsequent permits can be issued. The Director may waive this requirement for permits not dependent on the higher classification of permit for their justification or implementation. (c) If applicable, a single open-record hearing and no more than one (1) closed-record appeal shall be pro- vided on a consolidated review process. The consoli- dated process may combine an open-record hearing on one (1) or more permits with an open-record appeal hearing on the other permits. (Ord. 5091 §2 (part), 2009: Ord. 4938 §3 (part), 2005. Formerly 20.02.070) 20.02.090 DETERMINATION OF COMPLETENESS. When review procedures require a determination of completeness, the following shall apply: (a) Determination. Within twenty-eight (28) days of accepting the application, the Department shall pro- vide a written determination to the applicant, stating that: (1) The application is complete; or (2) The application is incomplete and what is necessary to make the application complete. To the extent known, the City shall identify other agencies of local, state or federal governments that may have jurisdiction over some aspect of the application. (b) Failure to Notify. Failure to provide a written determination within the required time shall automati- cally deem the application complete. (c) Processing. A complete application meets the submission requirements set forth in BMC 20.02.060 and is sufficient for continued processing. The determi- nation of completeness shall not preclude the City from requesting additional information or studies either at the time of the notice or subsequently if new information is required or substantial changes in the proposed action occur. Should additional information be requested, the applicant shall have ninety (90) days from the date noti- fied to submit the requested materials. Should the mate- rials not be submitted within the time limits, the application shall lapse. (d) Incomplete Application. An incomplete appli- cation shall have ninety (90) days from the date of the written determination in subsection (a)(2) of this section for the necessary information to be submitted. If the applicant either refuses in writing or does not submit the required information within the time limits, the applica- tion shall lapse. (e) Review of Additional Information. When addi- tional information for an incomplete application is received, the City shall notify the applicant within four- teen (14) days of receipt of the additional information whether the application is complete or what additional information is necessary. (f) Review Timeline. Following the date an appli- cation is determined complete, the date shall be noted and the one hundred twenty (120) day official review period to render a decision shall begin. (Ord. 5091 §2 (part), 2009: Ord. 4977 §3, 2006; Ord. 4938 §3 (part), 2005) 20.02.100 NOTICE OF APPLICATION. When review procedures require a notice of appli- cation, the following shall apply: (a) Timeline. The notice shall be provided within fourteen (14) days after the determination of complete- ness is issued. (b) Content. The notice of application shall include the following: (1) The file number assigned; (2) The date of application, date of the notice of completeness, and the date of the notice of applica- tion; 20.02-5 (Revised 5/10) Bremerton Municipal Code 20.02.110 (3) A description of the proposed project action and a list of permits included with the application and, if applicable, a list of requested studies; (4) Identification of known permits not included with the application; (5) Identification of existing environmental documents that evaluate the proposal; (6) The location where the application and any studies can be reviewed; (7) A statement of the public comment period and which shall not be less than fourteen (14) or more than thirty (30) days; (8) A statement of the rights of any person to comment on the application, receive notice of and par- ticipate in any hearings, request a copy of the decision and any appeal rights; (9) Any other information determined appro- priate by the City. (c) Legal Notice. Notice shall be provided in the following manner as applicable: (1) Mail. The notice shall be sent by email, first class or higher mail to the following: (i) The applicant; (ii) Affected City departments; (iii) State, federal and local agencies with jurisdiction; (iv) For Type III permits, mailed notice shall also be sent to all property owners of real property (as shown by the records of the Kitsap County Asses- sor’s Office) within three hundred (300) feet of the sub- ject property. Where any portion of a property abutting the subject property is owned, controlled, or under the option of purchase by the applicant, all property owners within a three hundred (300) foot radius of the total ownership interest shall be notified; and (v) Any person who requests such notice in writing to the Department. (2) Posting of the Property. Notice shall be posted according to the following: (i) At least one (1) location on or adja- cent to the subject property and that shall be clearly vis- ible and legible from an adjacent street or public area; (ii) The Director shall determine the specifications to the construction and installation of the notice boards. (3) Publishing Notice. A published notice in the City’s official newspaper of general circulation within the City boundaries is required. The content shall include the following: (i) Project location; (ii) Project description; (iii) Type of permit(s) required; (iv) Comment period and dates; (v) Location where the complete applica- tion may be viewed. (d) Integration of Notices. The City will integrate the notice of application with SEPA review whenever possible. Notification for a notice of application should be combined with the notification for threshold determi- nation and the scoping for a determination of signifi- cance whenever possible. (e) Issuance of Decisions. Except for a threshold determination, the City may not issue a decision or a recommendation on a permit until the expiration of the public comment period. (f) Public Comments. Comments shall be as spe- cific as possible. Comments shall be received by the last day of the comment period specified in the notice. If no comments are received by the date specified in the notice from an affected City department or agency with jurisdiction, which notification was sent to, then it is presumed that the department or agency has no com- ments. (Ord. 5091 §2 (part), 2009: Ord. 4938 §3 (part), 2005) 20.02.110 NOTICE OF HEARING. When review procedures require a notice of hear- ing, the following shall apply: (a) Notice Integration. A notice of hearing is required for public hearings. A notice of hearing may be integrated with the notice of application. (b) Notice Content. A written notice of hearing shall contain the following information: (1) The name of the applicant or designated contact; (2) A description of the affected property (not including any legal description); (3) Project summary/description of each project permit application; (4) The application/project file number; (5) The date, time and place of the hearing; (6) A statement that all interested persons may appear and provide testimony; (7) A statement where information may be examined or obtained and the staff contact and phone number; (8) A statement how written testimony or comments may be submitted; (9) The SEPA threshold determination along with any appropriate statement regarding any shared or divided lead agency status and phased review, and stat- ing the end of any final comment period; (10)The deadline (date, time and place) for submitting a SEPA appeal; (11)A statement regarding any administrative appeal process including SEPA appeal. (Revised 5/10)20.02-6 20.02.120 (c) Project Permit Notification. Notification for a hearing on a project permit shall be provided in the fol- lowing manner as applicable: (1) Mail. The notice shall be sent by email, first class mail or higher to the following: (i) The applicant; (ii) All property owners of real property (as shown by the records of the Kitsap County Asses- sor’s Office) within three hundred (300) feet of the sub- ject property. Where any portion of a property abutting the subject property is owned, controlled, or under the option of purchase by the applicant, all property owners within a three hundred (300) foot radius of the total ownership interest shall be notified; (iii) Any person providing a written request to the Department. (2) Preliminary Plat. When adjacent to the right-of-way of a state highway, or within two (2) miles of the boundary of a state or municipal airport, mailed notice shall be given to the Secretary of Transportation, who has fifteen (15) days to respond. (3) Posting of the Property. The notice shall be posted in the same manner and location(s) as the notice of application set forth in BMC 20.02.100(c)(2). (4) Publishing Notice. A published legal notice in the City’s official newspaper of general circu- lation within the City boundaries is required. The con- tent of the published notice shall include the following information: (i) Project location; (ii) Project description; (iii) Type of permit(s) required; (iv) Comment period and dates; (v) Location where the complete applica- tion may be viewed. (d) Notice Deadlines. Notice shall be given at least ten (10) days before the hearing date except: (1) Shoreline permits pursuant to WAC 173- 27-110(3) shall be given at least fifteen (15) days. (2) An integrated notice of hearing and notice of application shall be given at least fifteen (15) days. (3) An integrated notice of hearing and notice of a SEPA threshold determination shall be given at least fifteen (15) days. (e) Continuation of Hearing. Continued hearings do not require additional notices of hearing. (f) Appeal Notification. Notification for a hearing on an open-record or closed-record appeal shall be pro- vided in the following manner: (1) Mail. The notice shall be sent by email, first class mail or higher to the following: (i) The applicant/appellant; (ii) Parties of record; (iii) Affected agencies; (iv) Parties requesting notice; and (v) Other persons whom the Department believes may be affected by the action. (g) Additional Procedures. In addition to the pro- cedures contained in this chapter, the Department may develop general procedures for notification, including mailing packets and the format of the notice and an affi- davit of posting/mailing form to be filled out by the party doing notice. (Ord. 5091 §2 (part), 2009: Ord. 4938 §3 (part), 2005) 20.02.120 JOINT PUBLIC HEARING. A hearing on a project permit application may be combined with any other hearing on the action held by another local, state, regional, federal, or other agency pursuant to RCW 36.70B.110 as currently enacted or hereinafter amended. (Ord. 5091 §2 (part), 2009: Ord. 4938 §3 (part), 2005) 20.02.130 NOTICE OF DECISION. The Director, the Hearing Examiner or the City Council issues a decision at the conclusion of applicable project permit review. The notice of decision may be included as part of the decision or project permit. (a) The City shall provide a notice of decision. The notice shall include a statement of any threshold deter- mination made under SEPA and the procedures for appeal if a consolidated notice was not given under BMC 20.02.110(d)(3). (b) Notification. Notification shall be provided in the following manner as applicable: (1) Mail. The notice shall be sent by email, first class mail or higher to the following: (i) The applicant; (ii) Any person who, prior to the render- ing of the decision, requested notice of the decision in writing to the Department, or who submitted substantive comments on the application; and (iii) Kitsap County Assessor’s Office. (c) Notice Contents. The notice may include a copy of the report of decision on the project permit application; and shall include, when available, the SEPA threshold determination, the permit decision, the conditions of approval or where they may be viewed by the public, and the general procedures and time limits to file an appeal. (d) Change of Valuation. The notice shall state that affected property owners may request a change in valu- ation for property tax purposes notwithstanding any pro- gram of revaluation. (e) Timelines. The notice shall be issued within one hundred twenty (120) days after the City notifies the applicant that the application is complete pursuant to BMC 20.02.090, except as follows: 20.02-7 (Revised 5/10) Bremerton Municipal Code 20.02.140 (1) The Director makes written findings that a specified amount of additional time is needed for pro- cessing the application; or (2) A permit or approval involving the loca- tion or development of important public facilities or util- ities, or related to the use of public areas or facilities, for public purposes may be excluded from the one hundred twenty (120) day time limit upon a determination of the Director that special circumstances warrant a longer process. (f) Extension of Timelines. If the City is unable to issue its final decision on a project permit application within the time limits provided for in this chapter, it shall provide written notice of this fact to the parties of record. The notice shall include a statement of reasons why the time limits were not met, and an estimated date for issuance of the notice of decision. (g) Timeline Exclusion. The one hundred twenty (120) day time limit shall exclude any of the following: (1) Any period an applicant takes to provide additional information, perform studies or provide cor- rected plans requested by the City. (2) Any period where the City determines that submitted information is insufficient or incorrect, and has requested the applicant provide the necessary infor- mation. (3) Any period an environmental impact statement (EIS) is being prepared including scoping and preparing the draft and final EIS. (4) Any period for administrative appeals and any period for reconsideration of decisions of the Hear- ing Examiner made on project permit applications. The period for consideration and decision on appeals shall not exceed: (i) Ninety (90) days for an open-record appeal hearing; or (ii) Sixty (60) days for a closed-record appeal. (iii) The parties may agree to extend these periods. (5) Any extension of time mutually agreed upon by the applicant and the City. (6) All excluded periods are calculated from the date the City notifies the applicant to when the infor- mation satisfies the City’s requirement. (7) When the applicant submits the requested information, the City shall have fourteen (14) days to determine if it is satisfactory. If the information is not satisfactory, but the City fails to notify the applicant within the time limit, the information shall be deemed satisfactory. (8) The time limits established in this section do not apply if a project permit application: (i) Requires an amendment to the Com- prehensive Plan or a development regulation; or (ii) Requires approval of the location of an essential public facility as provided in RCW 36.70A.200; or (iii) Is substantially revised by the appli- cant, in which case the period shall start from the date at which the revised project application is determined to be complete. (h) Liability. The City is not liable for damages due to the City’s failure to make a final decision within the time limits established in this chapter. (Ord. 5091 §2 (part), 2009: Ord. 4938 §3 (part), 2005) 20.02.140 APPEALS. (a) General. (1) Those land use and development decisions that are subject to appeal shall become final unless an appeal is filed within the designated time to file an appeal. (2) The appellant shall bear the burden of proving the administrative decision was not supported by substantial evidence. (3) Appeal of Type I or Type II project permit final decisions shall be to the Hearing Examiner. Appeals shall be filed within fourteen (14) days follow- ing the issuance of the notice of decision. A decision involving a SEPA determination of nonsignificance which required public comments shall have the appeal period extended an additional seven (7) days. (4) Administrative appeal of a SEPA thresh- old determination is to the Hearing Examiner pursuant to Chapter 20.04 BMC and subsection (a)(3) of this sec- tion. (5) Appeal of Type III or Type IV project per- mit final decisions shall be to Kitsap County Superior Court pursuant to Chapter 36.70C RCW. Appeals shall be filed within twenty-one (21) days following the issu- ance of the notice of decision. (6) Final decision relating to the Bremerton Shoreline Master Program may be appealed as follows: (i) Director decisions and Type II shore- line permits may be appealed to the Hearing Examiner pursuant to subsection (a)(3) of this section or may be appealed directly to the Shoreline Hearings Board pur- suant to RCW 90.58.180. (ii) Hearing Examiner decisions may be appealed to the Shoreline Hearings Board by filing a petition for review within twenty-one (21) days of the date of filing pursuant to RCW 90.58.140(6). (b) Standing to Appeal. Only parties of record with standing may initiate an appeal. Standing constitutes the following: (Revised 5/10)20.02-8 20.02.150 (1) For Type I project permits, only the appli- cant has standing. (2) For project permits not Type I, the follow- ing have standing: (i) Applicant; (ii) Anyone who participates in the public hearing; or (iii) Anyone who submits written com- ments in response to a legal notice within the required time limits. (c) Filing an Appeal. Administrative appeals are filed by submitting a form provided by the Department. The appeal must be received by 5:00 p.m. on the last day of the appeal period. Appeals may be mailed, faxed or delivered to the Department. (d) Timing of Decisions. (1) An open-record appeal shall be decided within ninety (90) days from the date the complete appeal was filed. (2) Should an occasion arise that would require a closed-record appeal hearing, such an appeal shall be decided within sixty (60) days. (e) Computation of Time. For purposes of com- puting the time for filing an appeal, the day the decision is rendered shall not be included. The last day of the appeal period shall be included unless it is a Saturday, Sunday, a day designated by RCW 1.16.050 or by the City’s ordinances as a legal holiday; then it also is excluded and the filing must be completed on the next business day. (f) Content of Appeal. An administrative appeal shall not be accepted unless it is written, accompanied by the required appeal fee, and contains at least the fol- lowing information: (1) Appellant’s name, address and phone number; (2) Appellant’s statement describing his or her standing, as a party of record, to appeal; (3) Identification of the application which is the subject of the appeal; (4) Statement of grounds for appeal and the facts upon which the appeal is based; (5) Statement of the relief sought, including the specific nature and extent; and (6) A statement that the appellant has read the appeal and believes the contents to be true, followed by the appellant’s signature. (g) Effect. The timely filing of an administrative appeal shall stay the effective date of the decision until the appeal is either decided or withdrawn. (h) Notice of Appeal. The Director shall provide public notice of the appeal as provided in BMC 20.02.110(c). (Ord. 5091 §2 (part), 2009: Ord. 4938 §3 (part), 2005) 20.02.150 DESIGN REVIEW. Buildings that are proposed for construction in areas having adopted design guidelines are subject to review and recommendation by the Design Review Board (Board). For any development activity that requires Board review, the applicant must comply with the provisions of this section before a building permit can be approved, as follows: (a) Public Meetings. All meetings of the Board shall be open to the public but are not subject to the requirements of the Open Public Meetings Act, Chapter 42.30 RCW. (b) Conceptual Design Conference. Before sub- mitting a building permit application, the applicant shall attend a conceptual design conference with the Board. The conference will be scheduled by the Director to occur within thirty (30) days of written request by the applicant. The purpose of this conference is to provide an opportunity for the applicant to discuss the project concept with the Board in the early stages of the project development and: (1) To review preliminary sketches of the design proposal presented by the applicant; (2) To discuss how the design guidelines per- tain to the proposed development; (3) For the Design Review Board to designate which design guidelines apply to the proposed develop- ment based primarily on the location and nature of the proposed development; and (4) Other application materials the applicant will need to submit with the design review application. (c) Application. Following the conceptual design conference, the applicant may then submit a building permit application to the Department. The application shall include all documents and exhibits required for the application, as well as all materials required as a result of the conceptual design conference. (d) Public Notice. On determination of a complete application for a building permit requiring design review, the Director shall schedule a design response conference with the Board to occur within sixty (60) cal- endar days. The Director shall provide public notice of the design response conference per the requirements of BMC 20.02.100. (e) Design Response Conference. The design response stage allows the Board to review the design plans and provide direction to the applicant on issues to be resolved for final approval. The applicant shall present the proposed project and demonstrate its consis- tency with the design guidelines as discussed in the con- ceptual design conference to the Board. The Board will consider the information presented and make a formal recommendation to the Director for project approval, approval with conditions, or denial. The Board may con- tinue the conference if necessary to gather additional 20.02-9 (Revised 5/10) Bremerton Municipal Code 20.02.170 information necessary for its recommendation. If the conference is continued to a specific date, no further public notice is required; otherwise notice of continu- ance shall be mailed to all parties participating in the design response conference. (f) Approval. Approval of a building permit that is subject to Board review is a Type II Director decision; however, the Board’s recommendation shall hold sub- stantial weight. After reviewing the Board recommen- dation, the Director may grant, deny or conditionally approve an application for the proposed development. Any deviation from the Board’s recommendation shall be documented in the Director’s findings and conclu- sions. The decision of the Director may be appealed per the provisions of BMC 20.02.140. (Ord. 5091 §2 (part), 2009) 20.02.160 DEVELOPMENT AGREEMENT REVIEW PROCEDURES. (a) The City may enter into a development agree- ment with a person having ownership or control of real property within its jurisdiction or outside its boundaries as part of a proposed annexation or a service agreement. A development agreement sets forth the development standards and other provisions that shall apply to and govern and vest the development, use, and mitigation of the development of the real property for the duration specified in the agreement. (b) A determination of completeness, notice of hearing and a notice of decision are required pursuant to the provisions of this chapter. The one hundred twenty (120) day time limit for the notice of decision shall not apply to a development agreement. (c) When a request for a development agreement is consolidated with a Type III or IV project permit, the public hearing shall be consolidated with the open- record hearing on the permit before the Hearing Exam- iner. The Hearing Examiner shall make a recommenda- tion to the City Council on the development agreement and approval of the project permit shall be conditioned on City Council approval of the development permit. (d) The City Council may approve a development agreement by ordinance or resolution only. (Ord. 5091 §2 (part), 2009: Ord. 4938 §3 (part), 2005. Formerly 20.02.150) 20.02.170 PLANNED ACTIONS. A "planned action" is defined in WAC 197-11-164 as one (1) or more types of project action that has had significant environmental impacts adequately addressed in an environmental impact statement (EIS) prepared in conjunction with the Comprehensive Plan, subarea plan, fully contained community, a master planned resort, a master planned development or a phased project. (a) A project action addressed in a planned action does not require an environmental checklist or threshold determination, but may require the checklist for review to mitigate environmental impacts through the site plan review process. (b) To qualify, a project action shall: (1) Be subsequent to or implementing projects in a Comprehensive Plan, subarea plan, fully contained community, a master planned resort, a master planned development or a phased project; (2) Be located within the City’s adopted urban growth areas; (3) Be consistent with the Comprehensive Plan; (4) Not be an essential public facility, as defined in RCW 36.70A.200. (c) The City Council shall designate and approve by ordinance a planned action. The ordinance: (1) Shall describe the type(s) of project action being designated as a planned action; (2) Shall describe how the planned action meets the criteria in subsection (b) of this section, including specific references to the EIS; (3) Shall include findings that the environ- mental impacts have been identified and adequately addressed in the EIS, subject to project review under WAC 197-11-172; (4) Should identify any specific mitigation measures other than applicable development regulations that must be applied to a project for it to qualify as a planned action. (d) The planned action may be limited to certain types of development, to specific geographical areas of the City, and/or a time period identified in the EIS, plan, ordinance or resolution. (e) Review of a project proposed as a planned action is intended to be simpler and more focused than for other projects. Review of the project shall include: (1) Verification that it meets the description and implements any applicable conditions or mitigation measures identified in the designating ordinance or res- olution; (2) Verification that the proposed significant adverse environmental impacts of the project have been adequately addressed in the EIS. (f) Nothing in this section limits the City from using applicable law to place conditions on the project in order to mitigate nonsignificant impacts through nor- mal project review and permitting processes. (Ord. 5091 §2 (part), 2009: Ord. 4938 §3 (part), 2005. Formerly 20.02.160) 20.40-5 (Revised 5/10) Bremerton Municipal Code Figure 20.40(b) (Ord. 5091 §3, 2009: Ord. 4950 §8 (Exh. A) (part), 2005) Manufacturing and Industrial Center (MIC) Industrial (I) Commercial Corridor (CC) Commercial Corridor (CC) Wheaton Way Redevelopment Corridor (WWRC) Wheaton Way Redevelopment Corridor (WWRC) Freeway Corridor (FC) Freeway Corridor (FC) Neighborhood Business (NB) Neighborhood Business (NB) Limited Commercial (LC) Limited Commercial (LC) Industrial (I) Industrial (I) Industrial Park (IP) Industrial Park (IP) Marine Industrial (MI) Marine Industrial (MI) Higher Education (HE) Institutional (INST) Public Sector Redevelopment Site (PSRS) Low Density Residential (R-10) Master Development (MD) Institutional (INST) Transportation, Utilities and Public Facilities (TUPF) Industrial Park (IP) City Utility Lands (CUL) City Utility Lands (CUL) City Utility Lands (CUL) Watershed Lands (WS) Watershed Lands (WS) Reserve Center (RC) (Overlay) Per the implementing zones of the underlying Comprehensive Plan designation Homeport - PSNS Industrial Support - PSNS PSNS Figure 20.40(b) COMPREHENSIVE PLAN/ZONING CONSISTENCY (Continued) COMPREHENSIVE PLAN DESIGNATION IMPLEMENTING ZONING DISTRICTS 20.42-3 (Revised 5/10) Bremerton Municipal Code 20.42.040 Use, principal Use, temporary Variance Vehicle- or trailer-mounted sign Vesting Veterinary clinics and animal hospitals Wall sign Warehousing Whip antenna Wireless telecommunications facility Worship and religious facility Yard Yard, construction or storage Zero lot line (Ord. 5008 §3 (part), 2007; Ord. 4977 §5, 2006; Ord. 4971 §4 (part), 2006; Ord. 4950 §8 (Exh. A) (part), 2005) 20.42.040 DEFINITIONS. The following definitions shall be applied within this title: "Abandoned sign" means any sign, including its structure and other components, which is located on vacant property or an unoccupied building for a period of six (6) months or more and which, during that time, is not used for legal sign purposes; or which relates to a time, event or purpose which no longer applies; and/or which has been allowed to deteriorate to become a pub- lic hazard or eyesore. "Abandonment" or "abandoned" means to cease operation for a period of ninety (90) or more consecu- tive days unless documentation is provided to the City that negotiations are underway potentially leading to the sale, lease, or resumption of operations, in which case a wireless telecommunications facility may not be consid- ered abandoned for an additional period not to exceed ninety (90) days. "Accessory dwelling unit (ADU)" means a second dwelling unit on a lot with an existing principal unit added to or created for use as a complete, independent or semi-independent living unit with provisions for cooking, eating, sanitation and sleeping, and which complies with the development and design standards contained in this code for ADUs (BMC 20.46.010). "Accessory use, activity or structure" means a use, activity, structure or part of a structure which is sub- ordinate and incidental to the permitted principal use or building, located on the same lot or parcel with such principal use or building, and erected or established only after or in conjunction with the establishment of the principal use or building. "Acre, net" means a measurement of land after sub- tracting public and private streets, rights-of-way, and other unusable or nondevelopable areas of land from a gross acre of land (forty-three thousand five hundred sixty (43,560) square feet). (See also "Acre, gross.") "Acre, gross" means a measurement of land equal to forty-three thousand five hundred sixty (43,560) square feet with no deductions or subtractions for ele- ments such as public or private streets or nondevelop- able areas. (See also "Acre, net.") "Adjoining" or "adjacent" means property that touches or is directly across a public or private right-of- way. This does not include property across from limited access highways or arterials with four (4) lanes of traffic or more. "Administrative Hearing Examiner" means a person appointed with the powers set forth in Chapter 2.13 BMC. The term "Administrative Hearing Exam- iner" shall likewise include the Examiner Pro Tem. As used in this chapter, "Administrative Hearing Exam- iner" shall not mean the Municipal Court Hearing Examiner established pursuant to Chapter 2.62 BMC. Adult Entertainment Business. See BMC 20.46.110. "Adult family home" means a residential home in which a person or persons provide personal care, special care, room, and board to more than one (1) but not more than six (6) adults who are not related by blood or mar- riage to the person or persons providing the services; provided, however, any limitation on the number of res- idents resulting from this definition shall not be applied if it prohibits the City from making reasonable accom- modations to disabled persons in order to afford such persons equal opportunity to use and enjoy a dwelling as required by the Fair Housing Amendments Act of 1988, 42 U.S.C. 3604(f)(3)(b). "Alley" means any public right-of-way or thor- oughfare having a typical width of at least ten (10) feet, but generally not more than thirty (30) feet, which has been dedicated or deeded to the public for public use and which affords only secondary means of access to abut- ting properties, primarily for service purposes. "Alteration" means any change in the size, shape, method of illumination, position, location, construction or the supporting structure of a sign. "Alteration, structural" means any changes or repairs to the supporting members of a structure, or to the configurations of the roof or exterior walls, that would prolong the life of the supporting members of a building or structure. This does not include minor actions such as adding a doorway or window, or attach- ing architectural features, appurtenances, or adorn- ments. "Antenna tower" means any structure that is designed and constructed primarily for the purpose of supporting one (1) or more antennas, including but not limited to self-supporting lattice towers, guy towers or monopole towers. (1) "Type I tower" means a tower up to, but not exceeding, sixty (60) feet in height. (Revised 5/10)20.42-4 20.42.040 (2) "Type II tower" means a tower greater than sixty (60) feet in height. "Antenna, wireless" means any exterior equipment attached or mounted to a building or tower in the form of one or more rods, panels, discs or similar devices used for the transmission or reception of radio or elec- tromagnetic frequency signals. (1) An "omnidirectional antenna" transmits and receives radio frequency signals in a three hundred sixty (360) degree radial pattern. For the purpose of the provisions set forth in BMC 20.46.140, an omnidirec- tional antenna is up to fifteen (15) feet in height and up to seven (7) inches in diameter. If otherwise meeting the definition, a whip antenna is considered an omnidirec- tional antenna. (2) A "directional antenna" transmits and receives radio frequency signals in a specific directional pattern of less than three hundred sixty (360) degrees. (3) A "parabolic antenna" is a device of gen- erally parabolic shape for the reception and transmission of radio frequency signals in a specific directional pat- tern. Also referred to as a satellite dish. "Applicant" means a person who applies for any permit or approval to do anything governed by this title and who has legal standing to apply for a permit or approval on the specific property. "Appurtenance" or "appendage" means a supple- mental component, architectural feature, or decoration that has been added to or extends outward from the exte- rior of a building wall and is not a primary component of the structure itself. This includes bay windows, low decks, open porches, awnings, chimneys, and other sim- ilar features. "Area of a sign" means the total space within the frame or outer dimensions of a sign and including any logos or other artistic or architectural features that are directly related to or an integral part of the sign. (See also BMC 20.52.060, Sign measurements.) "Art gallery" means a room or series of rooms where art such as paintings, sculptures or other works are exhibited. "Art studio" means a loft, room, group of rooms or building in which an artist works. This includes facili- ties for the production of photographic works (still or motion), painting, sculpture, dance, music or similar activities. A studio is often found in combination with a gallery or may be an accessory use to a retail business or other use. This does not include incidental artist work areas within a residence, which produce no odors or noise that negatively impact adjacent properties. "Assisted living facility" means a residential facil- ity for elderly persons (age fifty-five (55) or older) who require moderate to extensive assistance with daily tasks such as cooking, eating, bathing, housekeeping, dis- pensing of medicines, shopping, appointments and other tasks. "Automobile sales" means an establishment prima- rily engaged in the sale or rental of personal or commer- cial vehicles such as cars, trucks, vans or motorcycles. "Automobile service and repair" means an estab- lishment primarily engaged in repairing, maintaining, or servicing automobiles. "Awning/canopy" means a temporary or movable shelter (awning), or a fixed rigid shelter (canopy) sup- ported entirely by the exterior wall of the building and generally extending over a pedestrian walkway. When used in conjunction with signs, only that portion of the awning or canopy that is actually used as a sign shall be included in sign area calculations. Lighting of the awning or canopy, whether directly, indirectly, or by back-lighting, shall have no effect on the sign require- ments, unless lighted signs are specifically prohibited in that area or zone. "Bay window" means a window projecting out- ward from an exterior wall of a structure. The protrusion has a maximum depth of thirty (30) inches, and a maxi- mum horizontal width of twelve (12) feet. The base of the projecting window is at least twenty-four (24) inches above grade directly below the center of the window. "Bed and breakfast" means an owner-managed and owner-occupied residential single-unit dwelling in which rooms or other overnight accommodations are rented on a nightly basis. Meals may be included that are included as part of the basic compensation. This does not include group residential homes, boarding and rooming houses. "Boarding house" or "rooming house" means a single-unit residential structure in which rooms without kitchens are provided for nontransient persons and may include meals. This does not include licensed care-pro- viding facilities. "Buffering" means a structural, earthy, or vegeta- tive form used to minimize the impacts of one land use upon another. A buffer may include any one or a combi- nation of fences, walls, berms, high shrubs, trees, or other landscaping. Distance separation is also a form of buffering. "Building code" means the International Building Code and related codes as amended and adopted by the City of Bremerton. "Building coverage" means that portion of a lot covered by the roof areas of all structures. This shall not include open decks up to thirty (30) inches above ground, except if it provides a roof over occupancy underneath. "Building envelope, allowable" means the three (3) dimensional space within which a structure is per- mitted to occupy. Height, floor area ratio, setbacks, lot coverage and similar restrictions establish the building envelope. 20.42-5 (Revised 5/10) Bremerton Municipal Code 20.42.040 "Building line" means a line on a lot, generally par- allel to property lines and located a sufficient distance from the property lines, to provide the minimum yard areas required by this code. Building lines establish the area within which buildings are permitted and do not necessarily correspond with the location of any existing structures or other improvements. "Bulletin board/kiosk" means a permanent sign structure intended to accommodate changeable copy such as private or public notices, special event informa- tion, and other short-term messages, and generally at a scale suitable for pedestrians and not intended to be read by passing motorists. These signs are exempt from sign permits and size requirements if they are provided for the use of the general public and not for commercial advertising purposes. "Car wash" means a business engaged in washing, waxing, polishing, and general cleaning of automobiles, small trucks, light utility vehicles and small recreational vehicles, but that is not designed to handle larger com- mercial trucks and buses. It includes self-service, full- service, and automated car washes and auto detailing services. "Caretaker" means a person who maintains or watches over someone else’s land or property on a part- time or full-time schedule. The caretaker may live on the property or elsewhere. "Caretaker’s residence" means an accessory dwelling unit provided by the owner of a property to be used exclusively as living quarters for the caretaker(s) of that property. "Carport" means an attached or detached partially enclosed accessory structure intended primarily for the storage of private vehicles such as automobiles, light trucks, or recreational vehicles which is open to the weather on at least two (2) sides. "Cell on wheels (COW)" means a mobile telecom- munications facility transported by a motor vehicle for temporary on-site use. "Change of use" means a change in the utilization or occupancy of a property or building from one use to another. "Changeable copy/readerboard sign" means a sign structure that may be internally or externally illumi- nated and intended to accommodate changeable letter- ing, numbering, graphic displays, or other short-term messages. Generally used for commercial advertising or for public service announcements of current or coming events. (Also see "Public information/identification sign.") "City" means the City of Bremerton, Washington. "Co-location" means the placing of a wireless tele- communications antenna on an existing support struc- ture. "Community facility" means a facility operated by a public agency or nonprofit organization for social gatherings, meetings, learning, recreation, programs to promote economic independence, or similar functions. "Concealed" means a wireless telecommunications antenna or facility that is not evident; it is disguised, hid- den by or integrated with a structure that is not a tele- communications tower; or, a personal wireless service facility that is placed within an existing or proposed structure. "Construction sign" means a sign that relates directly to a construction project taking place on the pre- mises and may include such information as the name of the project and contractors, phone numbers, completion dates, and similar information about the project. "Day care facility" means a facility licensed by the state of Washington and approved by the City to provide regular care for adults or children for periods of less than twenty-four (24) hours. "Deck" means an open platform wider than eigh- teen (18) inches. A deck may be freestanding, cantile- vered from a building, or connected to the ground with steps or ramps. A deck that is higher than thirty (30) inches above finish grade may be referred to as a raised deck, a rooftop deck, a balcony, or other suitable term. "Density" means a measure of residential concen- tration, usually expressed as the number of dwellings per acre of land. For the purposes of calculating allow- able densities within this code, density shall be mea- sured on a "net" basis, whereby unusable areas such as rights-of-way and lands in public or shared ownership shall be deducted from the overall area in the calcula- tion. For example, a one hundred and twenty (120) acre area containing twenty (20) acres of rights-of-way and public lands and three hundred (300) dwellings has a (net) density of three (3) dwellings per acre (three hun- dred (300) dwellings/one hundred (100) usable acres). (See also "Acre, net" and "Acre, gross.") "Density, maximum" means the maximum num- ber of dwellings allowed per the net buildable acreage as stated for each zone. Where not specified in a zone chapter, no maximum density shall apply. "Density, minimum" means the minimum number of required dwellings per net buildable acre as stated for each zone. Where not specified in a zone chapter, no minimum density shall apply. "Detached" means any residential structures on the same lot that are not connected and have a fire separa- tion of no less than six (6) feet as defined in Section R 302 of the IRC. For commercial structures see the Inter- national Building Code. "Detoxification center" means a facility providing for the care and treatment of an intoxicated person dur- ing the period in which the person recovers from the transitory effects of acute intoxication. "Development coverage" means that portion of a lot covered by the impervious surface areas of all struc- (Revised 5/10)20.42-6 20.42.040 tures, and impervious paved areas, such as driveways and walkways. "Directional sign" means a permanent sign which is designed solely for the purpose of directing motor vehicle, pedestrian, bicycle, or other traffic, or individu- als toward a specific destination or route. "Director" means Bremerton’s Director of Com- munity Development and his/her designee. "Drinking place" means an establishment selling intoxicating beverages for consumption on the pre- mises. "Drive-through facility" means an automobile- oriented facility designed primarily for drive-through trade, and which provides service and caters to patrons while in their motor vehicles. Drive-through facilities conduct a majority of their business transactions with customers served in their motor vehicles. This does not include gas stations, service stations, and auto repair garages. "Drive-through lanes" means a secondary or ancillary drive-up service at a business that is primarily oriented to walk-in or sit-down customers. The business must conduct a majority of transactions with walk-in or sit-down customers. (See also BMC 20.44.120, Ancil- lary drive-through lanes.) "Duplex" means a structure containing two (2) dwelling units on a single lot. "Dwelling unit" means a living space or combina- tion of rooms designed to provide independent year- round living facilities for one (1) family or household, constructed to the minimum standards of the IBC or HUD Code, and with provisions for sleeping, eating and sanitation. "Dwelling, conventional" means any building or structure that is built or assembled (in the case of a mod- ular structure) on the site and in conformance with the provisions of the International Building Code (IBC). "Dwelling, modular or factory-built" means buildings or structures that are constructed primarily in a factory and transported to the site for assembly or installation. All temporary wheels, axles, and other appliances used in the transport are removed at the des- tination and the structure is permanently placed, unless approved as a temporary placement by the City. Such structures are constructed to the standards of either the International Building Code (IBC) or the HUD Code. (See also "Manufactured home.") "Dwelling, multi-unit structure" means a struc- ture containing three (3) or more dwelling units. (Also referred to as a "multifamily structure.") "Dwelling, single-unit attached" means two (2) single-unit dwellings (houses) that are attached at a common side lot line with each dwelling located entirely on its own lot. This does not include row houses or other housing types having more than two (2) attached units. (See also "Zero lot line.") "Dwelling, single-unit structure" means a struc- ture containing one (1) dwelling unit. (Also referred to as a "single-family dwelling," or a "house.") "Education" and "school" means an institution pri- marily engaged in teaching and learning, operated by a public school district, nonprofit organization, or a pri- vate organization. Business and trade schools and Mon- tessori schools are included, as are satellite buildings of higher education colleges. "Education, higher and college" means a higher education college or university primarily engaged in teaching and research, and comprised of multiple educa- tional buildings within a campus setting. "Entertainment use" means an establishment with a primary function as a venue for entertainment activi- ties in an indoor facility, excluding motion picture the- aters and adult entertainment. Entertainment uses include video arcades, bowling alleys, billiard halls, performing arts centers, dance halls/night clubs and similar uses. "Equipment structure" means a structure, shelter, cabinet, or vault used to house and protect the electronic equipment necessary for processing wireless communi- cation signals. Associated electronic equipment may include air conditioning, backup power supplies and emergency generators. "FAA" means the Federal Aviation Administration. "FCC" means the Federal Communications Com- mission. "Fence" means a structure built to prevent escape or intrusion, or to provide privacy, screening, or buffering from noise or other undesirable impacts or activities beyond the property line. Also includes freestanding walls. "Finance," "insurance" and "real estate" means an establishment primarily involved in finance, such as depository and nondepository institutions, holding com- panies, investment companies, and brokers; insurance, such as carriers of all types, agents and brokers; and real estate, such as leasers, buyers, sellers, agents and devel- opers. "Foster home" means a dwelling unit in which a full-time resident provides temporary care and supervi- sion on a full-time basis to not more than six (6) foster children, three (3) expectant mothers, or three (3) other adults requiring full-time care. "Franchise business" means a business granted authorization by a manufacturer or parent company to sell or distribute goods or services at a certain location. "Freestanding sign" means a sign which is designed solely for the purpose of directing motor vehi- cle, pedestrian, bicycle, or other traffic, or individuals, toward a specific destination or route, which is not affixed to a building. "Frontage" means the actual length of the front property line abutting a street or alley (if no street front- 20.42-7 (Revised 5/10) 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 men- tally ill, persons serving a sentence in lieu of confine- ment, persons 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; tran- sition back into the community including prerelease, work-release, and probationary programs that are under the supervision of a court, state, or local agency. Teach- ing of work or social skills may be provided in this class facility but it does not include drug or alcohol detoxifi- cation centers. "Group residential home" means a residential home in which a person or persons provide personal care, special care, room, and board to more than one (1) but not more than six (6) 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 test- ing, 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 5/10)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 informa- tional only, and which do not include the advertising of products or services. Such signs include business hours signs, credit card signs, entrance and exit signs, and 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 test- ing 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/manufactur- ing.") "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 unbuildable critical area, as defined per BMC 20.14.200, comprises twenty-five (25) percent or less of the lot, it may be included in the lot area. "Lot line, front" means any property line that abuts a public street, private street, alley (if the alley provides primary access) or ordinary high water mark, and is con- sidered a frontage. (See also Figure 20.44(a).) "Lot line, rear" means the property line most oppo- site or most distant from the designated front lot line and does not intersect any front lot line. Corner lots do not have rear lot lines. (See also Figure 20.44(a).) "Lot line, side" means any lot line not defined as a front or rear lot line, or any lot line that intersects a front lot line. (See also Figure 20.44(a).) "Lot, depth" means the horizontal distance between the front and rear property lines of a lot, mea- sured 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 20.42-9 (Revised 5/10) Bremerton Municipal Code 20.42.040 the most reasonable manner, based on the lot’s longest average dimension. "Lot, flag" means a lot with access to its street by way of a narrow strip of land having a minimum width of twenty (20) feet. A flag lot consists of two (2) parts. (1) The "flag" or main body of the lot; and (2) The "panhandle" or narrow accessway connecting the body of the lot to the street. "Lot, waterfront" means a lot of which any portion abuts wetlands or any water body regulated under the Bremerton Shoreline Master Program. "Lot, width" means the average horizontal distance between side lot lines, measured at right angles to the lot depth line. The Director may use reasonable modifica- tions to this procedure when determining the width of an irregular lot. "Maintain" means to allow to exist or continue to exist. Also, where the context indicates, to keep in a safe, neat and clean condition. "Manufactured home" means a single-family dwelling required to be built in accordance with regula- tions adopted under the National Manufactured Housing Construction and Safety Standards Act of 1974 (42 U.S.C. 5401 et seq.). The unit shall bear an insignia issued by a state or federal regulatory agency indicating that the manufactured home complies with all applica- ble construction standards of the U.S. Department of Housing and Urban Development (HUD). Commercial coaches, recreational vehicles, travel trailers, and motor homes are neither manufactured homes nor dwelling units. (See "Mobile home.") "Marina" means a facility which provides moorage or wet or dry storage for watercraft or float planes, and which may offer marine-related sales and services. "Marquee" means a permanent roofed structure attached to and supported by a building and projecting away from the building, usually over a public walkway and typically common to theaters. A marquee itself is not a sign, but is commonly used to support signs. "Medical laboratory" means a facility primarily engaged in providing analytic or diagnostic services on human specimens, including body fluid or body tissue, or performing diagnostic imaging, to government agen- cies, to the medical, dental, or other health service pro- fessions or to the patient; includes the fabrication of dentures, eyeglasses and contact lenses, and prosthetic devices. "Medical office" and "clinic" means an establish- ment primarily engaged in providing medical, dental or other health care services to patients on the premises, but which excludes facilities for overnight patient care. Medical clinics that do not have facilities for overnight patient care are included. "Mobile home" means a factory-built dwelling built before June 15, 1976, to standards other than the National Manufactured Housing Construction and Safety Standards Act of 1974 (42 U.S.C. 5401 et seq.), and acceptable under applicable state codes in effect at the time of construction or introduction of the home into this state. Mobile homes are accommodated within some existing mobile home parks, but are not allowed on individual lots. (See "Manufactured home.") "Monument sign" means a freestanding sign placed on a base of solid appearance, wherein the width of the base is equal to at least forty (40) percent of the width of the sign face. "Motion picture theater" means any premises in which motion pictures are shown as the principal use of the premises, and wherein fees of any kind are charged, and wherein such movies are shown on a regular basis. "Multiple-building complex" means a group of structures housing a combination of business, office, residential, or other uses, and which shares a common area, access, parking and/or other facilities. "Multiple-occupancy building" means a single building housing more than one (1) retail business, office, commercial venture or other allowed land use. "Museum" and "gallery" means a building, room, vessel (boat or ship), or site intended for the preserva- tion and exhibition of artistic, historical, or scientific objects. "Nonconforming sign" means a sign that was legally established, but no longer conforms to the cur- rent sign standards of this title. "Nursery" and "greenhouse" means facilities used for the propagation and sale of agricultural or ornamen- tal plants and related products: (1) "Retail nursery/greenhouse" offers products to the general public including plant materials, planter boxes, fertilizer, sprays, garden tools, and related items. (2) "Wholesale nursery/greenhouse" raises nursery stock for sale to retail nurseries or other busi- nesses. (3) "Greenhouse" means a nursery facility constructed with transparent or translucent materials for indoor propagation of plants. A private greenhouse with no commercial sales is considered an accessory use. "Nursing/convalescent home" means any home, place or institution which operates or maintains facili- ties providing convalescent or chronic care, or both, for a period in excess of twenty-four (24) consecutive hours for three (3) or more patients not related by blood or marriage to the operator, who, by reason of illness or infirmity, are unable properly to care for themselves. Convalescent and chronic care may include but not be limited to any or all procedures commonly employed in waiting on the sick, such as administration of medicines, preparation of special diets, giving of bedside nursing care, application of dressings and bandages, and carry- ing out of treatment prescribed by a duly licensed prac- (Revised 5/10)20.42-10 20.42.040 titioner of the healing arts. It may also include community-based care. This does not include group res- idential facilities, hospitals, sanitariums, or treatment centers. "Office" and "business service, general" means a place of employment providing services other than pro- duction, distribution, sale or repair of goods or commod- ities, excluding personal business services and medical offices. General office and business services include: legal, architectural, engineering, consulting or other professional services, or management, administrative, secretarial, marketing, advertising, or similar services. "Off-premises sign" means any sign, including billboard signs, that contains a message or directs atten- tion to a business, profession, product, event, activity, or service that is not related to a use or activity conducted or offered on the premises or at the location where the sign is located, excluding official road direction signs but including the sign faces(s) that contain(s) the mes- sage or direction noted above, as well as the pole or other structure upon which the sign face is attached. Off- premises signs include off-premises banners and signs carried by human beings or live animals when carried on the public right-of-way or any off-premises location. "Open space" means land area not covered by buildings, roads, driveways, parking areas, or outdoor storage areas, including, but not limited to, landscape areas, gardens, walkways, courtyards, lawns, or outdoor recreation areas, the use of which is intended for and accessible to all of the persons residing in the develop- ment of which the open space is a part. Open Space. For zoning and development pur- poses, specific areas may be required for outdoor recre- ation, resource or sensitive areas protection, amenities, safety, or buffering. The calculations of areas desig- nated to meet open space requirements may not include driveways, parking areas, required yard areas, land occupied by buildings or structures, nor other impervi- ous surfaces that are not related to the open space. "Outdoor athletic fields" means outdoor facilities used for sporting activities such as softball, baseball, football, soccer, running track, tennis complex and other nonmotorized sports. Outdoor athletic fields may include bleachers, concession stands, lights, restrooms and other supporting facilities. "Parcel" means a continuous quantity of land in single ownership or under single control, consisting of one (1) or more lots, and considered a unit for purposes of development. (See "Lot.") "Park," "playground" and "open space" means a site designed, developed, or reserved for recreational use by the public, such as play areas, community gar- dens and natural areas. "Parking, satellite" means a parking lot containing parking stalls required for a permitted land use, but in a location not contiguous to or abutting the permitted land use. "Parking, structure" means a parking lot in which parking stalls are located either below grade, or in a multilevel building structure. "Paved surface" means a surface paved with asphalt, concrete, concrete pavers, brick or similar dura- ble materials. Low-impact development technologies which provide a hard surface while allowing for water penetration shall be classified as paved areas. Paved areas do not include gravel, crushed rock, and similar nonbound materials. "Personal service" means an establishment engaged primarily in providing services involving the care of a person, apparel or minor appliances, such as: shoe repairs, laundry and dry-cleaning, beauty and bar- ber shops, clothing/costume rental, tanning, other per- sonal grooming facilities and domestic assistance services, and personal computing device or cellular phone repairs. This does not include massage parlors, health care services, exercise establishments, nor funeral services. "Physical fitness and health club" means an estab- lishment primarily engaged in providing facilities for indoor physical fitness activities and recreation. Physi- cal fitness and health clubs may include such facilities as gymnasiums, swimming pools, and ball courts. "Pier" means a fixed structure, or a permanently moored floating structure, built over tidelands or shore- lands, and used for a marine landing or moorage for watercraft. "Pole sign" means a freestanding sign supported by uprights or braces wherein the width of the uprights or braces comprises less than forty (40) percent of the width of the sign face. "Porch" means a roofed open area attached to a building or other structure, usually at an entrance to the structure. A porch that is enclosed, glazed or screened may lose its status as an appurtenance. "Portable sign" means any sign designed to be moved easily and not permanently affixed to the ground or to a structure or building. A-frame or sandwich board signs and movable readerboard signs are examples. "Premises" means contiguous land in the same ownership or control not divided by a street or public right-of-way. "Private club or lodge" means structures, facilities and grounds owned or operated by a private or fraternal organization for use by its members and guests. "Product sign" means any sign with a face consist- ing of more than fifty (50) percent of the area devoted to the advertisement of a commercial product or product logo without integrated advertising for the on-premises business establishment, community facility, or tempo- rary event. 20.42-11 (Revised 5/10) Bremerton Municipal Code 20.42.040 "Projecting sign" means a sign, other than a wall sign, which is attached to and projects from a structure or building facade and the face(s) of which is not paral- lel to the building’s facade. This sign may be supported by a structure in addition to its building or wall support. "Provider" means every corporation, company association, joint stock company, firm, partnership, lim- ited liability company, other entity and individual licensed to provide personal wireless services over per- sonal wireless communication facilities. "Public administration" means services and facil- ities operated by public agencies and serving a commu- nity need, and generally including staffed facilities or office spaces. These include government offices, post offices, satellite police and fire station, and other public buildings. "Public distribution/transmission facility" means the infrastructure lines and connections employed in the delivery and conveyance of utility services. Distribution facilities include equipment such as pipes, wires, cables and similar equipment necessary for delivering utilities including water, sewer, electricity, gas, broadband, and other services. Publicly owned utilities as well as pri- vately owned utilities that serve the general public are included. (See also "Public utility facility.") "Public utility facility" means facilities provided for the benefit of the general public related to infrastruc- ture and utilities. These include structures and equip- ment such as transfer stations, substations, pumping stations, distribution mains, wells, and related utility facilities and the structures that house them. Publicly owned utilities as well as privately owned utilities that serve the general public are included. (See also "Public distribution facility.") "Public information/identification sign" means a sign intended solely to inform the public of events or activities of community interest, to identify the entrance to or exit from the City or a district or neighborhood within the City, and which does not include the advertis- ing of any business, product or service of a commercial nature, nor any logo, symbol, or other indication of a commercial message or sponsorship. "Public services" means services provided for the benefit of the general public, including fire protection and suppression, law enforcement, public health, educa- tion, information, recreation, environmental protection, development assistance/permitting, etc. "Recreational vehicle" means a vehicular-type unit primarily designed for recreational camping or travel use that has its own motive power or is mounted on or towed by another vehicle. These units include, but are not limited to, travel trailers, fifth-wheel trailers, folding camping trailers, truck campers, and motor homes. "Recreational vehicle (RV) park" means a facility designed to provide two (2) or more sites on which to park travel trailers, motor homes or similar recreational vehicles for periods not to exceed thirty (30) days. Accessory uses to an RV park often include a swimming pool, playground equipment, convenience store, bathing and laundry facilities, and other camping/travel ser- vices. "Recycling center" means a facility for the collec- tion, storage and processing of recyclable materials including crushing, breaking, sorting, packaging and related operations. A "junk yard" is not a recycling cen- ter. "Recycling collection station" means a facility consisting of structures, bins, or other containers designed or intended for the collection and temporary storage of recyclable materials until they are picked up and transported to another location for processing and/or packaging. "Recycling collection station (limited)" means a recycling collection station for the collection of glass, tin cans, aluminum, cardboard, newspaper, magazines, plastics, and other recyclables in small units, but not including large appliances, furniture, auto parts, tires, hazardous or liquid wastes, or any forms of domestic garbage (putrescible wastes). "Rehabilitation" means the upgrading of a build- ing from a dilapidated or substandard condition. "Residential, as secondary use" means when per- mitted in a nonresidential zone, a residential land use is not always accessory to other uses, but is considered secondary and subordinate to the principal uses of that zone. Residential uses are placed in locations that don’t conflict with street level frontage locations that are reserved for retail, office and other business uses that comprise the primary function of that zone. (See design standards in center and corridor zones.) "Residential use" means structures meeting the definition of Group R, Division 3 occupancies under the edition of the International Building Code currently adopted for use by the City. "Restaurant" means a commercial use which sells a variety of prepared food and beverages and provides accommodations for consuming those products on or off the premises. "Restaurant, fast food" means an establishment whose principal business is the sale of a limited variety of preprepared or rapidly prepared food and beverages directly to the consumer for consumption either on-pre- mises or off-premises. Food is generally not served to the customers’ tables, but is more often dispensed through a walk-up counter or drive-through take-out window. "Retail, general" means an establishment prima- rily engaged in the sale or rental of goods or merchan- dise to the general public for personal or household consumption, and primarily rendering services inciden- tal to the sale of such goods. Establishments with a por- (Revised 5/10)20.42-12 20.42.040 tion of their sales going to other businesses or contractors, such as office supply stores, butcher shops, paint stores, hardware stores and similar shall also be considered general retail. Art studios shall also be included. General retail uses do not exceed seventy-five thousand (75,000) gross square feet of ground floor building area and do not include gas stations or automo- bile sales. "Retail, large" means an establishment with a building area of seventy-five thousand (75,000) gross square feet or greater in the ground floor, primarily engaged in the sale or rental of goods or merchandise to the general public or other businesses for personal, household or business consumption and primarily ren- dering services incidental to the sale of such goods. Large retail uses often include wholesale stores, dis- count stores, malls, shopping plazas, outlet centers, department stores and similar. "Sandwich board sign" means a portable sign con- structed of two (2) equal or roughly equal portions, hinged at the top such that when placed on the ground the sign is self-supporting. Sandwich board signs typi- cally form the shape of a letter "A" when opened and resting on the ground. Satellite Dish. See "omnidirectional antenna" under "Antenna, wireless." "Senior citizen" means an individual of fifty-five (55) years of age or older. "Senior housing complex" means a planned resi- dential community, intended and operated for occu- pancy by senor citizens, which consists of any mix of detached single-family or duplex dwellings and/or retirement apartments, wherein at least eighty (80) per- cent of the occupied units are occupied by at least one (1) senior citizen. "Setback, minimum" means the required horizon- tal distance between the finished exterior wall of a struc- ture and the lot line of the lot on which it is located. All portions of a structure must be located away from the property line a distance equal to or greater than the min- imum setback. "Setback, maximum" means a required maximum horizontal distance between the finished exterior wall of a structure and the lot line of the lot on which it is located. Where maximum setbacks are stipulated, zone districts specify what portion of the structure’s finished front facade width must be located a distance equal to or lesser than the maximum setback from the property line. A maximum setback shall apply to the height of a struc- ture up to fifteen (15) feet above grade, or the height of the building, whichever is less. Where not specified, no maximum setback shall apply. "Shop." Refer to the definition of "storage build- ing." "Shopping center" means a contiguous collection of retail businesses under one (1) ownership or common management located in a building or set of buildings. "Sidewalk vendor" means a person(s) who sells edible or nonedible merchandise from a stand, booth, cart, basket, tray, table or other device on any sidewalk, street, highway or public place. They are not categorized as a land use. "Sign" means any communication device, struc- ture, or fixture which is intended to identify a building, use, business, or event; or to promote the sale of prod- ucts, goods or services; using graphics, letters, figures, symbols, trademarks or written copy. Painted wall designs or patterns which do not represent a product, service or registered trademark, and which do not iden- tify the user, are not considered signs. (See sign provi- sions of this code.) "Sign structure" means any structure specifically intended to support a sign, and which may include sup- ports, uprights, braces, framework, or other members needed for support. "Social services" means establishments primarily engaged in providing social and rehabilitation services to improve life skills and increase socioeconomic opportunities for neighborhood or community residents of all ages. Establishments primarily engaged in provid- ing welfare and charitable functions are included. "Stadium and sports complex" means a large structure for open-air sports and entertainment generally consisting of tiered seating where people can sit and watch games or events. Sports complexes may also include recreational motor vehicle tracks such as go-cart tracks. Associated field houses and facilities for serving food are often included. "Storage building" and "shop" mean an attached or detached accessory structure which is used for non- commercial storage of household goods or noncommer- cial recreational and hobby uses in association with the principal use. "Storage yard, outdoor storage" means an out- door area where vehicles, equipment, merchandise, raw materials, or other items are accumulated and stored for an indefinite period until needed. Storage yards are often used in conjunction with a warehouse, storage buildings, sheds or other structures and may be public or private. Unless a function of a government agency or public utility, storage yards are considered accessory to a business or other principal use. "Story" means that portion of a building that extends from the floor surface to the surface of the floor above or, in the case of a top floor, to the ceiling or roof above. If a finished floor level is more than six (6) feet above the finished grade for more than fifty (50) percent of the total perimeter, the area beneath that floor shall be considered a story. 20.42-13 (Revised 5/10) Bremerton Municipal Code 20.42.040 "Street" means the improved section of any public or private right-of-way intended primarily for motor vehicle travel and which affords the principal means of access to abutting property, together with bicycle lanes, sidewalks, and related improvements. "Street, private" means a parcel at least twenty (20) feet in width, created specifically to provide motor vehicle access to abutting properties, the owners of which share in its ownership and maintenance responsi- bilities. "Structure" means that which is built or con- structed. "Structure, accessory" means a structure that is incidental and subordinate to a principal structure and which is customarily found in connection with the prin- cipal structure and located on the same lot or parcel. "Structure, principal" means a structure contain- ing 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 pro- posed building, utility pole, or tower capable of support- ing a wireless telecommunications antenna. Support structures include, but are not limited to, existing build- ings, 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 sup- port of mass transit or multimodal forms of transporta- tion, 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 permit- ted outright, but may be approved through a conditional use permit process. "Conditional use" shall have the same meaning as "special use," as employed in Bremer- ton 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." (Revised 5/10)20.42-14 20.42.040 "Wireless telecommunications facility" means a facility for the transmission and reception of radio or microwave signals used for communication, cellular phones, personal communications services, enhanced specialized mobile radio or any other services licensed by the FCC, and unlicensed wireless services including but not limited to associated equipment shelter, support tower and antenna array. "Worship and religious facility" means a building or structure primarily intended as a place for public wor- ship and related activities such as religious education, meeting halls, and kitchens, or places for personal wor- ship or meditation. It does not include preschools, paro- chial schools, day care facilities, major recreational facilities, vehicle or equipment storage yards, or other functions that are not clearly a necessary or integral part of the religious institution. "Yard" means that portion of a lot that lies between a lot line (property line) and the building line. (See also "Lot, front," "Lot, side," and "Lot, rear.") (1) "Front yard" means the yard area extend- ing the full width of the front of a lot between the front property line (lot line) and the front building line. (2) "Rear yard" means a yard extending the full width of the lot between the rear property line (lot line) and the rear building line. When irregular lots, through lots, and corner lots have no rear lot lines, they will have no rear yard areas as defined. (3) "Side yard" means a yard between the side lot line and the side building line and extending from the front yard to the rear yard. Triangular lots, cor- ner 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. 5063 §2, 2008; 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) 20.46-5 (Revised 5/10) Bremerton Municipal Code 20.46.110 (iii) Industrial Area. (A) To edge of pit, excavation, or stockpiling area, twenty (20) feet; (B) To crushing of rock or processing of stone, gravel or minerals, two hundred (200) feet; (C) To blasting, four hundred (400) feet. (iv) Residential Area. (A) To edge of pit, excavation, or stockpiling area, three hundred (300) feet; (B) To crushing of rock or processing of stone, gravel or minerals, five hundred (500) feet; (C) To blasting, determined on a case-by-case basis, minimum one thousand (1,000) feet. (v) All Other Land Uses. (A) To edge of pit, excavation, or stockpiling area, one hundred (100) feet; (B) To crushing of rock or processing of stone, gravel or minerals, three hundred (300) feet; (C) To blasting, determined on a case-by-case basis. (4) When a pit exceeds a depth of twenty (20) feet, all dense undergrowth shall be removed from the soil cover for a distance of fifty (50) feet from the edge of the pit. (5) No smoke, dust, dirt, fly ash, other air- borne particulate matter, toxic or odorous gasses, liquids or solids shall be emitted in quantities that adversely affect surrounding properties. (6) The provisions set forth in Chapter 6.32 BMC shall apply, as applicable. (7) Upon the termination of quarrying opera- tions at a pit that exceeds a depth of five (5) feet, the pit shall be backfilled to a minimum slope of one (1) foot vertical to one (1) foot horizontal. (8) The site shall be restored after quarrying activities are completed. A landscaping and site recla- mation plan shall be required with the conditional use permit and the City may require a security guarantee for restoration. (Ord. 4971 §8, 2006; Ord. 4950 §8 (Exh. A) (part), 2005) 20.46.090 SENIOR HOUSING COMPLEX. Approval of a Type III conditional use permit pur- suant to BMC 20.58.020 may allow senior housing com- plexes in any zone, except industrial zones, subject to the following standards: (a) The site shall have access to an arterial street; (b) Minimum site area shall be no less than two (2) acres; (c) Minimum setbacks, density, height and lot coverage of the underlying zone shall apply; (d) Off-street parking shall be a minimum one (1) space per dwelling; (e) Except for a community building/clubhouse for the exclusive use of complex residents, all accessory uses shall be located within a structure containing resi- dential units; (f) Attached or detached structure types are per- mitted and dwelling units may be owned by individuals or occupied as rentals; (g) Access to alternative transportation such as public transit or on-site shuttle services to access daily goods and services shall be provided; and (h) A management agreement or covenants on individual properties to maintain the complex as a senior citizen complex shall be recorded with the Kitsap County Auditor’s Office. (Ord. 4950 §8 (Exh. A) (part), 2005) 20.46.100 RECYCLING COLLECTION STATION. The following standards apply to collection stations intended for public use. They are not mandatory (but may be applied voluntarily) for private on-premises col- lection and storage of recyclables by owners or tenants of residential properties, businesses or organizations. Such on-premises collection and storage is considered accessory to the principal use of the property and not available to the general public. (a) Areas to be used in the collection operation must have asphalt or concrete surface and shall be land- scaped to the same standards that apply to any other development or use within the subject zone. (b) The facility shall be closed to public access between the hours of 8:00 p.m. and 6:00 a.m. in residen- tial zones. (c) A sight-obscuring fence or wall built to the maximum allowed height of the zone shall be con- structed and maintained along the sides and rear of the facility. Chain-link type fences and gates are permitted along front lot lines. (d) The facility may be lighted for use during hours of darkness, but shall not be lighted between the hours of 8:00 p.m. and 6:00 a.m. in residential zones. (e) The site shall be monitored and maintained in a clean, safe and healthful manner. (Ord. 4950 §8 (Exh. A) (part), 2005) 20.46.110 ADULT ENTERTAINMENT BUSINESSES. This section regulates the location of adult enter- tainment businesses. The purpose of these regulations is to reduce conflicts between adult entertainment busi- nesses and other land uses. The intent is to protect the City from the blighting impacts of concentrations of adult entertainment businesses while assuring the full enjoyment of all the constitutionally guaranteed rights of the general public. (Revised 5/10)20.46-6 20.46.110 (a) Location of Adult Entertainment Businesses. (1) Adult entertainment businesses as defined in subsection (c) of this section are prohibited within the area circumscribed by a circle which has a radius of five hundred (500) feet from the following specified uses or zones: (i) Any zone in which residential use is listed as a principal use. (ii) Any public or private school. (iii) Any day care facility as defined in BMC 20.42.040. (iv) Any worship, religious, or church facility as defined in BMC 20.42.040. (v) Any public park. (vi) Any center designated within the Comprehensive Plan. (vii)Any public library. (2) The distances provided in this section shall be measured by following a straight line, without regard to intervening buildings, from the nearest point of the property or parcel upon which the proposed use is to be located, to the nearest point of the parcel of prop- erty or the land use district boundary line from which the proposed land is to be separated. (3) Violation of the use provisions of this sec- tion is declared to be a public nuisance per se, which shall be abated by the City Attorney as authorized under state law or the City code. (4) Nothing in this section is intended to authorize, legalize, or permit the establishment, opera- tion, or maintenance of any business, building, or use which violates any city code or statute of the state regarding public nuisances, sexual conduct, lewdness, or obscene or harmful matter or the exhibition or public display thereof. (b) Development Standards. Adult entertainment businesses are subject to the development standards of the underlying zone. (c) Definitions. (1) "Adult entertainment" means any dance, amusement, show, display, merchandise, material, exhi- bition, pantomime, modeling, or any other like perfor- mance of any type, for the use or benefit of a member or members of the public or advertised for the use or bene- fit of a member of the public where such is characterized by an emphasis on the depiction, description, or simula- tion of "specified anatomical areas," defined in this chapter, or the exhibition of "specified sexual activi- ties," also defined in this chapter, or the case of live adult entertainment performances, which emphasizes and seeks to arouse or excite the patron’s sexual desires. Any patron of an adult entertainment business, as defined in this section, shall be deemed a member of the public. (2) "Adult entertainment business" means any establishment providing adult entertainment as defined in this section including, but not limited to, adult arcade, adult retail establishment, adult motion picture theater, and exotic dance studio, more specifically defined herein. (3) "Adult arcade" means a commercial estab- lishment where, for any form of consideration, one (1) or more still or motion picture projectors, slide projec- tors, computer-generated or enhanced pornography, panoramic peep show, or similar machines, or other image-producing machines, for personal viewing, are used to show films, motion pictures, video cassettes, slides or other photographic reproductions which pro- vide material for individual viewing by patrons on the premises of the business which are characterized by an emphasis on the depiction, description or simulation of "specified anatomical areas" or "specified sexual activi- ties." (4) "Adult motion picture theater" means a commercial establishment where films, motion pictures, video cassettes, slides, or similar photographic repro- ductions characterized by an emphasis on the depiction, description, or simulation of "specified anatomical areas" or "specified sexual activities" are regularly shown for any form of consideration. (5) "Adult retail establishment" means any bookstore, adult novelty store, adult video store, or other similar commercial establishment, business service, or portion thereof, which, for money or any other form of consideration, provides as a significant or substantial portion of its stock-in-trade the sale, exchange, rent, loan, trade, transfer, and/or provision for viewing or use off the premises of adult entertainment material defined in this chapter. For purposes of this provision, it shall be a rebuttable presumption that thirty (30) percent or more of a business’ stock-in-trade in adult retail material, based on either the dollar value (wholesale or retail) or the number of titles of such material, is significant or substantial. In determining whether or not the presump- tion is rebutted, the Director may consider the following factors, which are not inclusive: (i) Whether minors are prohibited from access to the premises of the establishment due to the adult entertainment nature of the inventory; (ii) Whether the establishment is adver- tised, marketed, or held out to be an adult merchandising facility; (iii) Whether adult entertainment material is an establishment’s primary or one (1) of its principal business purposes; or 20.46-7 (Revised 5/10) Bremerton Municipal Code 20.46.140 (iv) Whether thirty (30) percent or more of an establishment’s revenue is derived from adult entertainment material. An establishment may have other princi- pal business purposes that do not involve the offering for sale or rental of adult entertainment materials and still be categorized as an adult retail establishment. Such other business purposes will not serve to exempt such establishments from being categorized as an adult retail establishment so long as one (1) of its principal business purposes is offering for sale or rental, for some form of consideration, the specified adult entertainment materi- als. The Director shall have full discretion to give appro- priate weight to the factors set forth above as well as other factors considered depending on the particular facts and circumstances of each application. (6) "Exotic dance studio," also known as "erotic dance studio," "topless bar" and "adult cabaret," means a nightclub, bar, restaurant, or similar commer- cial establishment, or any premises or facility to which any member of the public is invited or admitted and where an entertainer provides live performances to any member of the public, which performances are charac- terized by an emphasis on the depiction, description, or simulation of "specified anatomical areas" or "specified sexual activities" or which emphasize and seek to arouse or excite the patron’s sexual desires. (7) "Adult entertainment material" means any books, magazines, cards, pictures, periodicals or other printed matter, or photographs, films, motion pictures, video tapes, slides, or other photographic reproductions, or visual representations, CD-ROMs, DVDs, disks, electronic media, or other such media, or instruments, devices, equipment, paraphernalia, toys, novelties, games, clothing or other merchandise or material, which are characterized by an emphasis on the depiction, description or simulation of "specified anatomical areas" or "specified sexual activities." (8) "Specified anatomical areas" means: (i) Less than completely and opaquely covered human genitals, pubic region, buttocks, anus, or female breast below a point immediately above the top of the areola; or (ii) Human male genitals in a discernibly turgid state, even if completely and opaquely covered. (9) "Specified sexual activities" means: (i) The caressing, touching, fondling or other intentional or erotic touching of male genitals, female genitals, pubic region, buttocks, anus, or female breasts of oneself or of one (1) person by another; or (ii) Sex acts, normal or perverted, actual or simulated, including masturbation, intercourse, oral copulation, flagellation, sodomy, bestiality, or any sex- ual acts which are prohibited by law; or (iii) Human genitals in a state of sexual stimulation, arousal, or tumescence or visual state of sexual stimulation, arousal or tumescence, even if com- pletely and opaquely covered; or (iv) Excretory functions as part of or in connection with any of the activities set forth in subsec- tions (c)(9)(i) through (iii) of this section. (Ord. 5091 §4, 2009; Ord. 4950 §8 (Exh. A) (part), 2005) 20.46.120 OUTDOOR STORAGE AREAS. All uses that include outdoor storage areas and all refuse containers shall, in addition to any underlying zoning requirements, meet the following criteria: (a) It shall be surrounded by a six (6) foot-high solid wall or sight-obscuring fence except for single- family residential homes on individual lots. The wall or fence shall be considered a structure and shall conform to the setbacks of the underlying zone. (b) Outdoor storage of materials shall not exceed six (6) feet in height when visible from a public right-of- way. (c) Outdoor storage yards shall meet landscaping requirements for nonresidential uses. (Ord. 4971 §9, 2006; Ord. 4950 §8 (Exh. A) (part), 2005) 20.46.130 OUTDOOR LAND USES. In addition to other applicable development requirements, outdoor-oriented land uses such as sales lots, impound lots, outdoor storage yards, and similar activities shall have all parking and storage areas devel- oped with a paved surface which is durable and able to withstand all weather conditions. (Ord. 4950 §8 (Exh. A) (part), 2005) 20.46.140 WIRELESS TELECOMMUNICATIONS FACILITIES. (a) Purpose and Intent. The purpose of this section is to provide specific regulations for the placement, con- struction, modification and removal of these facilities. Pursuant to the guidelines of Section 704 of the Federal Telecommunications Act of 1996, 47 U.S.C. Section 332(c)(7), the provisions of this section are not intended to and shall not be interpreted to prohibit or to have the effect of prohibiting the provision of wireless telecom- munications facilities, nor shall the provisions of this section be applied in such a manner as to unreasonably discriminate among providers of functionally equivalent wireless services. (b) General Provisions. (1) Not Essential Public Facilities. Wireless telecommunications facilities shall not be considered or regulated as essential public facilities. (Revised 5/10)20.46-8 20.46.140 (2) Exemptions. The following are exempt from the provisions of this section: (i) Industrial processing equipment and scientific or medical equipment using frequencies regu- lated by the Federal Communications Commission (FCC); (ii) Antennas and related equipment no more than three (3) feet in height that are being stored, shipped, or displayed for sale; (iii) Facilities used for the purpose of pub- lic safety by public or semi-public entities including, but not limited to, police communications, hospital commu- nications and 911 system communications; (iv) Wireless radio utilized for emergency communications in the event of a disaster; (v) Licensed amateur (ham) radio instal- lations; (vi) Satellite dish antennas less than two (2) meters in diameter, including direct home satellite services, when an accessory use of the property; (vii)Routine maintenance of otherwise permitted wireless telecommunications facilities; or (viii)Subject to compliance with all appli- cable City, state, and federal standards, an emergency repair of a wireless telecommunications facility; pro- vided, that a permit is applied for within thirty (30) days after completion of such emergency repair. (3) Principal or Accessory Use. Wireless tele- communications facilities may be either a principal or accessory use. A different use of an existing structure on the same lot shall not preclude the installation of a wire- less telecommunications facility on that lot. (4) Prohibited Use. Type I and Type II towers as defined in Chapter 20.42 BMC are prohibited in the low density residential (R-10) zone. (5) Reimbursement of Costs. In addition to the application fee, the applicant shall reimburse the City for costs of professional engineers and other con- sultants, mutually acceptable to both the applicant and the City, hired by the City to review and inspect the applicant’s proposal when the City is unable to do so with its existing staffing resources. By way of illustra- tion and not limitation, these professional services may include engineering and technical review, legal review, planning review, Hearing Examiner services, environ- mental review, critical areas review, financial and accounting review, soils review, and mechanical and structural engineering review. In the event that a project requires professional services beyond that which is included in the base fee, the applicant shall reimburse the City the full cost of such engineer or consultant ser- vices plus a City service charge of ten (10) percent as calculated from before-tax cost. (c) Permits Required. Approval of a permit(s) is required to site a wireless communication facility in accordance with the following and the procedures set forth in Chapter 20.02 BMC: (1) Type I Director’s Decision. (i) Co-location of antennas on towers per this section in nonresidential zones; (ii) Co-location of antennas on existing support structures per this section, excluding towers, in any zone. (2) Type II Director’s Decision. New Type I towers and associated equipment and antennas in non- residential zones. (3) Type III Hearing Examiner Decision. Any wireless telecommunications facility not stated above, including the following: (i) Any Type I tower in a residential zone and associated antenna and equipment enclosures; (ii) Any Type II tower and associated antennas and equipment enclosures. (4) Expiration of Permits. A permit shall expire consistent with the provisions of the City build- ing code, except that the permit for construction of a wireless telecommunications facility shall expire one (1) year after the effective date of the permit approval. (d) Priority of Locations and Consideration Pro- cess. The order of priorities for locating new personal wireless service facilities shall be as follows: (1) Place antennas and towers on public prop- erty if practical. (2) Place antennas and towers in districts zoned freeway commercial (FC), marine industrial (MI), industrial park (IP), or industrial (I). (3) Co-locate antennas on appropriate rights- of-way and existing structures, such as buildings, tow- ers, water towers and smokestacks. (4) Place antennas and towers in other zone districts which do not adjoin or adversely impact resi- dential neighborhoods. (5) Only after an applicant has provided an alternative sites report per subsection (e) of this section that demonstrates that priority sites per this section have been investigated shall other sites be approved. (e) Application Submittal Requirements. Applica- tion for any Type I or Type II permit, and other related requests, shall include any combination of site plans, surveys, maps, technical reports, or written narratives necessary to convey the following information, unless waived or modified by the Director as unnecessary. The following information shall be submitted with a permit: (1) A site or combined site and vicinity plan clearly indicating the site location, type and height of the proposed tower (if any) and antenna, on-site and nearby land uses and zoning, roadways, proposed means of 20.60-1 (Revised 5/10) Bremerton Municipal Code 20.60.040 Chapter 20.60 LOW DENSITY RESIDENTIAL (R-10) Sections: 20.60.010 INTENT. 20.60.020 PERMITTED USES. 20.60.030 ACCESSORY USES. 20.60.040 CONDITIONAL USES. 20.60.060 DEVELOPMENT STANDARDS. 20.60.065 ALLOWABLE DENSITY AND LOT AREA. 20.60.066 ALLOWABLE DENSITY AND LOT AREA IN A CENTER. 20.60.068 ALLOWABLE DENSITY AND LOT AREA IN UNDERUTILIZED URBAN FRINGE AREAS. 20.60.080 OFF-STREET PARKING REQUIREMENTS. 20.60.090 LANDSCAPING REQUIREMENTS. 20.60.100 SIGN STANDARDS. 20.60.010 INTENT. The intent of the low density residential (R-10) zon- ing district is to accommodate single-family housing by infilling at a range of lot sizes consistent with urban growth patterns. Some attached single-family housing may be appropriate when responding to sensitive areas or with innovative design. Residential development at higher densities is encouraged at the edge of designated centers. (Ord. 4950 §8 (Exh. A) (part), 2005) 20.60.020 PERMITTED USES. Only one (1) principal use shall be allowed on each residentially zoned lot unless allowed for otherwise by law. This limitation shall not include permitted acces- sory uses associated with a permitted principal use. The following uses are permitted outright: (a) Cemetery; (b) Co-location of wireless telecommunications per BMC 20.46.140; (c) Day care facility of twelve (12) or fewer per- sons receiving care; (d) Education and schools (K-12) of twelve (12) or fewer students; (e) Foster home; (f) Group residential home; (g) Manufactured home per BMC 20.46.040; (h) Parks, playgrounds and open space equal or less than one-half (0.5) acre (twenty-one thousand seven hundred eighty (21,780) square feet); (i) Single-unit dwelling unit, detached; (j) Single-unit dwelling unit, attached (zero (0) lot lines) per BMC 20.60.060(b); (k) Worship and religious facilities of twenty thousand (20,000) square feet gross floor area or less; (l) Incubator for business associated with a wor- ship and religious facility or community facility, pro- vided the following conditions are met: (1) The incubated business is a use that is per- mitted outright in the neighborhood business zone, BMC 20.82.020; (2) Landscaping and signage requirements of the neighborhood business zone, Chapter 20.82 BMC, shall be met; and (3) The parcel upon which the incubated busi- ness is situated shall have frontage on an arterial street. (Ord. 4977 §9, 2006: Ord. 4950 §8 (Exh. A) (part), 2005) 20.60.030 ACCESSORY USES. The following accessory uses may be permitted when found in connection with a principal use: (a) Attached or detached accessory dwelling unit per BMC 20.46.010; (b) Detached garage, carport, and parking facili- ties for the residents of the property; (c) Home occupation per BMC 20.46.030; (d) Other necessary and customary uses deter- mined by the Director to be appropriate, incidental and subordinate; (e) Playhouses, patios, cabanas, porches, gazebos, swimming pools and incidental household storage buildings. (Ord. 4950 §8 (Exh. A) (part), 2005) 20.60.040 CONDITIONAL USES. The following uses may be permitted, provided a conditional use permit is approved pursuant to BMC 20.58.020 subject to the corresponding conditions: (a)Bed and breakfast, provided: (1) The operators of the business shall occupy the house as their primary residence; (2) No more than one (1) full-time equivalent (FTE) employee who is not a resident of the dwelling may be employed; (3) No more than six (6) bedrooms are made available for rent to guests and all guest rooms are con- tained within the principal structure; (4) Two (2) off-street parking spaces, plus one (1) off-street parking space per each guest bedroom, are required; (5) Off-street parking spaces may be reduced, provided the applicant can demonstrate parking will not spill over into nearby residential properties and any streets; (Revised 5/10)20.60-2 20.60.040 (6) Rooms shall not be made available to guests for more than fourteen (14) days during any thirty (30) day period; (7) No commercial receptions, parties, or other public gatherings, or serving of meals to nonresi- dent guests for compensation are allowed; and (8) Any remodeling of the residential struc- ture shall maintain the residential nature of the structure and not alter the structure in such a manner that would prevent it from being used as a residence in the future. (b)Group residential facilities - Class I, pro- vided: (1) All state licensing requirements are satis- fied; (2) The site is located on a collector or higher street; (3) Minimum setbacks, height and lot cover- age of the underlying zone shall apply; (4) Off-street parking shall be at a minimum of one (1) space per each employee during the peak shift, plus one (1) space per two (2) residents the facility will provide service to; (5) If counseling services are provided to non- residents, additional parking spaces are required at one (1) per three hundred (300) square feet of gross floor area used for counseling services; (6) The number of required off-street parking spaces may be reduced, provided the applicant can dem- onstrate that parking will not spill over into nearby resi- dential properties and any streets; and (7) Landscaping is provided meeting the min- imum requirements for nonresidential uses prescribed in Chapter 20.50 BMC. Additional landscaping for screen- ing purposes may be required if it is found necessary to mitigate any impacts to adjoining residential properties. (c)Senior housing complex, provided the condi- tions set forth in BMC 20.46.090 are satisfied. (d)Nursing/convalescent homes, provided: (1) All state licensing requirements are satis- fied; (2) The site is located on a collector or higher street; (3) Minimum site area shall be no less than one (1) acre; (4) Minimum setbacks, height and lot cover- age of the underlying zone shall apply; (5) Off-street parking shall be a minimum of one (1) space per six hundred (600) square feet of gross floor area; (6) The number of required off-street parking spaces may be reduced, provided the applicant can dem- onstrate that parking will not spill over into nearby resi- dential properties and any streets; and (7) Landscaping is provided meeting the min- imum requirements for nonresidential uses prescribed in Chapter 20.50 BMC. Additional landscaping for screen- ing purposes may be required if it is found necessary to mitigate any impacts to adjoining residential properties. (e)Day care facilities (thirteen (13) or more persons receiving care), provided: (1) All state licensing requirements are satis- fied; (2) The site is located on a collector or higher street; (3) Off-street parking shall be a minimum one (1) space per each five (5) children based on the state license maximum occupancy load; (4) One (1) loading/unloading space without backup is required for the first twenty (20) children and one (1) additional space for up to each additional twenty (20) children; (5) The number of required off-street parking spaces may be reduced, provided the applicant can dem- onstrate that parking will not spill over into nearby resi- dential properties and any streets; (6) Landscaping is provided meeting the min- imum requirements for nonresidential uses prescribed in Chapter 20.50 BMC. Additional landscaping for screen- ing purposes may be required if it is found necessary to mitigate any impacts to adjoining residential properties; and (7) The maximum height of a fence or wall within a front yard setback may be increased up to six (6) feet, provided it enhances safety and security of an outdoor play area. (f)Adaptive reuse of public and semi-public buildings, provided the conditions set forth in BMC 20.46.070 are satisfied. (g)Manufactured home park or expansion of existing parks, provided: (1) It is exempt pursuant to RCW 58.17.040 from requirements for property segregation; (2) The minimum site size shall be five (5) acres; (3) Density shall meet the underlying zone; (4) Adequate water, sewer, and utility ser- vices are available to all building sites; (5) A fire protection system meeting the requirements of the City Fire Marshal is provided; (6) Interior circulation shall meet the City Engineer road standards plus the following standards: (i) All interior circulation routes shall be constructed within a tract or easement; (ii) Roads and driveways shall be paved; (iii) The City Fire Marshal and City Engi- neer shall approve all fire turnarounds; 20.60-3 (Revised 5/10) Bremerton Municipal Code 20.60.040 (7) The following setbacks shall apply to manufactured homes or mobile homes, together with their additions and appurtenant structures, accessory structures, and other structures on the site (excluding fences), excluding any hitch or towing fixture: (i) From interior roads at least fifteen (15) feet from centerline of the tract or easement, but in no case shall the setback be less than five (5) feet from the paved surfaced edge; (ii) Structures near the perimeter lot lines of the property shall comply with the setbacks of the underlying zone; (iii) A minimum of ten (10) foot separa- tion between all manufactured homes; (8) Off-street parking spaces shall be pro- vided in the following manner: (i) One (1) parking space per home site; plus (ii) One (1) parking space for each five (5) home sites for guest parking; plus (iii) Additional parking spaces to provide for the parking needs of offices, community buildings, recreational facilities, or other uses within the park that may be used by park residents or others; (9) Outside storage of vessels (boats), house- hold items and equipment is prohibited, except a com- mon central storage area may be provided for residents of the park. The storage area shall be screened by a min- imum five (5) foot high by five (5) foot wide sight- obscuring barrier consisting of landscaping and fencing or wall, and shall meet minimum setbacks of the under- lying zone; (10)Ten (10) percent of the site shall be main- tained as common recreational open space for the use of residents and: (i) May include community areas and facilities such as playgrounds, swimming pools, and hobby and craft shops; (ii) However, it shall not include required landscaping areas, perimeter setback areas, parking areas, storage areas, building separation areas or other areas deemed impractical by the Director for the recre- ational enjoyment of the residents; (11)Trees meeting the standards set forth in Chapter 20.50 BMC shall be provided along all property lines abutting a residential zone and public streets. Exceptions for trees may be allowed when a property line abuts an alley or is obstructed by a building or other structure; (12)Adequate lighting to illuminate streets, driveways, and walkways for the safe movement of pedestrians and vehicles is required; and (13)All water, sewer, electrical, and communi- cation service lines shall be underground. (h)Worship and religious facilities greater than twenty thousand (20,000) square feet, provided: (1) The site is located on a collector or higher street; (2) The site area shall be one (1) acre or more; and (3) Landscaping is provided meeting the min- imum requirements for nonresidential uses prescribed in Chapter 20.50 BMC. Additional landscaping for screen- ing purposes may be required if it is found necessary to mitigate any impacts to adjoining residential properties. (i)Golf course, provided: (1) A site plan review and a site development permit are approved pursuant to Chapter 20.58 BMC; (2) Through the conditional use permit, mod- ifications to parking and landscaping may be allowed in order to facilitate good design; (3) Access to the site shall be from an arterial street or highway; and (4) Other conditions are applied as deemed necessary to mitigate impacts to nearby residential prop- erties and ensure compatibility with the neighborhood. (j)Schools, parks and associated uses may be approved in accordance with the following: (1) The following uses are permitted through approval of a conditional use permit: (i) All public schools and associated gymnasiums and auditoriums; (ii) Private schools (K-12) with thirteen (13) or more students; (iii) Parks and playgrounds greater than one-half (1/2) acre; (iv) Outdoor athletic fields; (v) Boat launching and related facilities; (vi) Maintenance and service yards; (vii)Bus and other vehicle and equipment maintenance and storage facilities; (viii)Administrative office related to the facilities greater than two thousand (2,000) square feet gross floor area; (ix) Buildings and structures for nonprofit groups on public lands; (2) Uses permitted pursuant to subsection (j)(1) of this section shall be subject to complying with the following conditions: (i) Front, side and rear yard setbacks of structures and outdoor storage areas shall be at least thirty (30) feet; (ii) Setbacks may be reduced for those portions of a structure fronting interior streets; (iii) The maximum height for any new construction may be increased to match the architecture (Revised 5/10)20.60-4 20.60.060 of existing buildings; provided, that it is set back an additional foot from any property line for each addi- tional foot of allowed height, and in no case shall the new construction exceed forty-five (45) feet; (iv) Landscaping is provided meeting the minimum requirements for nonresidential uses pre- scribed in Chapter 20.50 BMC. Additional landscaping for screening purposes may be required if it is found necessary to mitigate any impacts to adjoining residen- tial properties; (v) Additional measures may be required if deemed necessary to mitigate any noise impacts to adjacent residential uses; and (vi) The maximum height of a fence or wall within a front yard setback may be increased to six (6) feet, provided it enhances safety and security around an outdoor play area. (k)Public utility facilities located above ground, provided: (1) Landscaping is provided meeting the min- imum requirements for nonresidential uses prescribed in Chapter 20.50 BMC. Additional landscaping for screen- ing purposes may be required if it is found necessary to mitigate any impacts to adjoining residential properties; (2) The maximum height of a fence or wall may be increased within a front yard setback that will provide screening from adjacent uses and enhance safety and security around the facility; and (3) Exceptions to setbacks may be allowed if the applicant can demonstrate that the public interest is better served by allowing the modification. (l)Law enforcement and fire facilities, pro- vided: (1) Landscaping is provided meeting the min- imum requirements for nonresidential uses prescribed in Chapter 20.50 BMC. Additional landscaping for screen- ing purposes may be required if it is found necessary to mitigate any impacts to adjoining residential properties. (2) The maximum height of a fence or wall may be increased within a front yard setback that will provide screening from adjacent uses and enhance safety and security around the facility. (m)Neighborhood businesses, provided: (1) The use is listed as a permitted use in BMC 20.82.020; (2) The use is a preexisting use that has legally operated within the previous twelve (12) month period; and (3) The use is not expanded beyond its exist- ing footprints. (Ord. 4977 §10, 2006: Ord. 4971 §15, 2006; Ord. 4950 §8 (Exh. A) (part), 2005) 20.60.060 DEVELOPMENT STANDARDS. (a) Lot Standards. Lot development requirements shall be in accordance with this section and the follow- ing standards unless allowed for by law otherwise: (1) Setbacks. (i) Minimum front yard setback is fifteen (15) feet; (ii) Minimum side yard setback is five (5) feet; (iii) Minimum rear yard setback is fifteen (15) feet. (2) Maximum structure height is thirty-five (35) feet. (3) Maximum structure height in (R-10) areas within the downtown regional center shall be pursuant to Figure 20.74(a) and shall supercede subsection (a)(2) of this section. (4) Minimum lot width is thirty (30) feet. (5) Maximum development coverage is sixty (60) percent. (b) Zero (0) Lot Line (ZLL) Development. An attached single-family dwelling and/or garage structure may have a single shared side or rear lot line, and a set- back reduced to zero (0), provided the structure com- plies with building code fire separation requirements. (c) Accessory Structures. The following standards shall apply but are not limited to: garages, carports, shops, barns, covered patios, cabanas, gazebos, and inci- dental household storage buildings, excluding accessory dwelling units per BMC 20.46.010 and structures not requiring a building permit: (1) The maximum area for all accessory struc- tures shall be eighty (80) percent of the principal resi- dential use not to exceed one thousand two hundred (1,200) square feet. (2) Setbacks of detached accessory structures are pursuant to BMC 20.44.060. (d) Garages, Storage Buildings and Shops. (1) Any garage, storage building or shop structure shall be designed so that the appearance of the building remains that of a single-family residence including the following: (i) Constructed of similar materials as the principal unit; (ii) A roof of equal or greater pitch as the principal unit; (iii) A height no more than twenty-five (25) percent greater than the principal unit not to exceed thirty-five (35) feet. (2) Any garage, storage building, or shop may be exempt from the accessory structure size require- ments provided it is contained within the principal unit. (3) Garage, Carport, and Shop Vehicle Entrance Setbacks. When the vehicle entrance faces the 20.60-4.1 (Revised 5/10) Bremerton Municipal Code 20.60.060 street, the garage, carport, or shop shall have a front yard setback of at least twenty (20) feet, except as provided in BMC 20.44.020 (Traditional Front Yard Setbacks). (e) Lot Area for Parks and Schools. Parks and schools may exceed maximum lot area requirements if approved by a conditional use permit. (Ord. 5008 §7, 2007: Ord. 4950 §8 (Exh. A) (part), 2005) (Revised 5/10)20.60-4.2 This page left intentionally blank. 20.80-1 (Revised 5/10) 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 5/10)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) Bay Vista Subarea Plan (adopted by Ordinance No. 5077); (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) Manette Subarea Plan (adopted by Ordinance No. 5082); (f) Harrison Employment Center; (g) 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- sequent amendment to adopted subarea plans need not 20.80-3 (Revised 5/10) Bremerton Municipal Code 20.80.080 be identified in this section by the amending ordinance number. (Ord. 5082 §4, 2009: Ord. 5077 §4, 2009: Ord. 5034 §2, 2007: Ord. 5025 §3, 2007: Ord. 4998 §2, 2007: Ord. 4962 §3, 2006: Ord. 4950 §8 (Exh. A) (part), 2005) Number Subject Tables-3 (Revised 5/10) 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 5/10)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, 20.14) 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 (20.10, 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, 20.12) 4981 Adds Ch. 2.36 and § 20.02.085, design review board; amends Ch. 20.02, Table 040 (2.36) 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 5/10) 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 5/10)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) 5052 Creates revenue development area (Repealed by 5088) 5053 Annexation (Special) 5054 Amends § 15.06.040, wastewater rates (15.06) 5055 Alley vacation (Special) 5056 Amends 2008 budget (Special) 5057 Annexation (Special) 5058 (Failed) 5059 Amends Ord. 5053, annexation (Special) 5060 Amends § 13.04.140, liquor in city parks (13.04) 5061 Street vacation (Special) 5062 Amends comprehensive plan (Special) 5063 Adds definition to Ch. 20.40 [20.42]; amends § 20.58.060, residential cluster development (20.42, 20.58) 5064 Amends § 7.08.010, cat and dog licenses (7.08) 5065 Amends § 3.50.050, utility taxes (3.50) 5066 2009 tax levy (Special) 5067 Amends § 13.04.060, discharging firearms or explosives in city parks (13.04) 5068 Approves voluntary separation and reduced work week program (Special) 5069 Amends Rate Tables A, D, E and F of Ch. 3.01, rates and fees (3.01) 5070 Amends Appendix A of § 15.06.015, utility assessments, rates, fees and charges (15.06) 5071 Adopts 2009 budget (Special) 5072 Amends 2008 budget (Special) 5073 Rezone (Special) 5074 Amends § 2.50.040(a), work schedules and leave benefits (2.50) 5075 Amends §§ 2.06.010, 2.06.030, 2.09.010, 2.09.020, 2.90.200 and Ch. 2.92; repeals § 2.09.070, office of risk management (2.06, 2.09, 2.90, 2.92) 5076 Adds Ch. 11.25, transportation benefit district (11.25) 5077 Adds Bay Vista Subarea Plan to the comprehensive plan; amends § 20.80.080, subarea plans; repeals Westpark Subarea Plan (20.80) 5078 Amends § 3.50.050, utility taxes (3.50) 5079 Amends 2009 budget (Special) Number Subject Tables-7 (Revised 5/10) 5080 Amends Ch. 1.06, public records (1.06) 5081 Roadway vacation and reservation of easements (Special) 5082 Amends § 20.80.080 and comprehensive plan, subarea plans (20.80) 5083 Annexation (Special) 5084 Annexation (Special) 5085 Corrections to city boundaries (Special) 5086 Authorizes termination of agreement with Kitsap County and Port Blakely Communities (Special) 5087 Bond issuance (Special) 5088 Creates Bremerton Harborside Revitalization Area; repeals Ord. 5052 (Special) 5089 Adopts public defense standards (Special) 5090 Approves voluntary separation and reduced work hours program (Special) 5091 Amends Ch. 20.02, Figure 20.40(a) [20.40(b)] and § 20.46.110, zoning (20.02, 20.40, 20.46) 5092 (Failed) 5093 Amends §§ 6.32.070 and 6.32.090, noise levels (6.32) 5094 Amends comprehensive plan (Special) 5095 Amends Rate Tables E and F of Ch. 3.01, rates and fees (3.01) 5096 Amends § 3.50.050, utility taxes (3.50) 5097 (Failed) 5098 2010 tax levy (Special) 5099 Adopts 2010 budget (Special) 5100 Cable franchise (Special) 5101 Amends 2009 budget (Special) 5102 Amends Ch. 18.06, ambulance services (18.06) 5103 Amends §§ 2.62.045, 15.01.020(m), 15.06.060, Appendix A of § 15.06.015, and Ch. 15.08, utilities (2.62, 15.01, 15.06, 15.08) 5104 Rezone (Special) 5105 Repeals and replaces Figure 3.78(a), multifamily property tax exemption (3.78) 5106 Alley vacation (Special) 5107 (Pulled) 5108 State-shared sales and use tax for local revitalization (Special) 5109 Bond issuance (Special) 5110 Amends § 2.05.010; repeals Ch. 2.07, economic development department (2.05)