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.
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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: ____________
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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
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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)