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HomeMy WebLinkAbout17 bremerton0214_supp17SUPPLEMENT DIRECTIONS BREMERTON MUNICIPAL CODE Supplement No. 17 – February 2014 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 5240, passed February 19, 2014. The online version of the code is updated more frequently than the print version. Reference the disclaimer on the following webpage to determine whether the online code is more current than the print version: http://www.codepublishing.com/WA/bremerton/ Remove these pages Insert these pages Title 2 Table of Contents .................................. Table of Contents 2.06-1 ....................................................................... 2.06-1 2.09-1 – 2.09-2 .......................................... 2.09-1 – 2.09-2 — ............................................................................. 2.11-1 2.50-1 – 2.50-5 .......................................... 2.50-1 – 2.50-5 2.62-1 – 2.62-2 .......................................... 2.62-1 – 2.62-2 Title 3 3.72-1 – 3.72-2.1 .................................... 3.72-1 – 3.72-2.1 Title 5 Table of Contents .................................. Table of Contents — ............................................................... 5.06-1 – 5.06-4 Title 6 Table of Contents .................................. Table of Contents — ............................................................... 6.10-1 – 6.10-5 Title 9 9.24-1 – 9.24-2 .......................................... 9.24-1 – 9.24-3 Title 9A 9A.32-1 – 9A.32-2 ............................... 9A.32-1 – 9A.32-2 9A.44-1 – 9A.44-2 ............................... 9A.44-1 – 9A.44-2 Title 10 Table of Contents .................................. Table of Contents — ........................................................... 10.08-1 – 10.08-2 10.10-1 – 10.10-5 .................................. 10.10-1 – 10.10-8 Appendix: 020-1 ............................................................. — Appendix: 060-1 ............................................................. — 10.11-1 – 10.11-3 ........................................................... — — ........................................................... 10.20-1 – 10.20-8 10.40-1 – 10.40-8 ........................................................... — Title 11 11.10-1 – 11.10-2 .................................. 11.10-1 – 11.10-2 (Revised 2/14) Updated by: _______ Dated: ____________ Remove these pages Insert these pages Title 15 15.01-1 – 15.01-6.2 ............................. 15.01-1 – 15.01-6.2 15.04-1 – 15.04-7 ................................... 15.04-1 – 15.04-6 15.06-1 – 15.06-2 ................................... 15.06-1 – 15.06-2 15.06-5 – 15.06-6.1 ............................. 15.06-5 – 15.06-6.1 Title 17 17.04-1 – 17.04-5 ................................... 17.04-1 – 17.04-5 17.60-1 – 17.60-8 ................................. 17.60-1 – 17.60-10 Title 18 18.02-1 – 18.02-20 ............................... 18.02-1 – 18.02-16 Title 20 20.04-2.1 – 20.04-4 ............................. 20.04-3 – 20.04-4.1 20.14-25 – 20.14-28 ........................... 20.14-25 – 20.14-28 20.16-1 – 20.16-3 ................................................... 20.16-1 20.40-1 – 20.40-5 ................................... 20.40-1 – 20.40-5 20.42-1 – 20.42-6 ................................... 20.42-1 – 20.42-6 20.42-10.1 – 20.42-14 ........................ 20.42-11 – 20.42-14 20.44-1 – 20.44-4 ................................... 20.44-1 – 20.44-4 20.48-9 ................................................................... 20.48-9 20.62-1 – 20.62-2 ................................... 20.62-1 – 20.62-3 20.64-1 – 20.64-3 ................................... 20.64-1 – 20.64-3 20.66-1 – 20.66-3 ................................... 20.66-1 – 20.66-3 20.70-1 – 20.70-3 ................................... 20.70-1 – 20.70-3 20.80-1 – 20.80-3 ................................... 20.80-1 – 20.80-3 20.82-1 – 20.82-2 ................................... 20.82-1 – 20.82-2 20.84-1 ................................................... 20.84-1 – 20.84-2 20.92-1 – 20.92-2 ................................... 20.92-1 – 20.92-2 20.98-1 – 20.98-2 ................................... 20.98-1 – 20.98-2 Tables 1 – 9 ......................................................................... 1 – 10 Please call Code Publishing Company (206-527-6831) should questions arise while removing and replacing supplement pages. (Revised 2/14) (Revised 2/14) 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 CITY ATTORNEY 2.09 DEPARTMENT OF FINANCIAL SERVICES 2.10 DEPARTMENT OF PUBLIC WORKS AND UTILITIES 2.11 OFFICE OF HUMAN RESOURCES 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 2.36 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 2/14) 2.98 BREMERTON RESERVE OFFICER BOARD OF TRUSTEES 2.100 PUBLIC ACCESS CITIZENS ADVISORY COMMITTEE 2.06-1 (Revised 2/14) Chapter 2.06 OFFICE OF CITY ATTORNEY Sections: 2.06.010 DEPARTMENT CREATED. 2.06.020 APPOINTMENT. 2.06.030 DUTIES. 2.06.040 OUTSIDE EMPLOYMENT. 2.06.010 DEPARTMENT CREATED. There is hereby created the Office of the City Attor- ney which shall serve as the Legal Department for the City pursuant to the laws of the State of Washington and the Charter of the City of Bremerton for the purpose of representing the City in all legal matters involving the City. The office shall be managed by the City Attorney who shall serve as its director, and who shall be respon- sible for hiring and supervising employees of the office. The City Attorney shall oversee and manage the civil and prosecution divisions of the office. The City Attor- ney shall also oversee and manage the Office of Risk Management established pursuant to Chapter 2.92 BMC and the Office of Human Resources established pursu- ant to Chapter 2.11 BMC. (Ord. 5232 §1 (part), 2013: Ord. 5075 §1, 2009: Ord. 4966 §3, 2006: Ord. 4808, Amended, 07/26/2002; Ord. 4793, Amended, 05/05/2002; Ord. 4152 §1, 1988) 2.06.020 APPOINTMENT. The City Attorney shall be appointed by the Mayor subject to confirmation by the City Council. The resig- nation of the City Attorney shall be effective upon the acceptance of resignation by the Mayor. (Ord. 5232 §1 (part), 2013: Ord. 4808, Added, 07/26/2002) 2.06.030 DUTIES. To accomplish the directives of the City Charter and requirements of state law, the functions of the Office of the City Attorney shall include, but not be lim- ited to: (a) Advise the Mayor, boards, commissions, department heads, Council and its committees, and other City officials and officers, including the rendering of formal legal opinions when so requested or when it appears to the Attorney advisable to do so. (b) Attend all regular and special meetings of the Council, unless excused by the President of the Council. (c) Prepare, draft, approve as to form, or supervise the preparation of ordinances, resolutions, leases, deeds, contracts and/or agreements, and such other and similar instruments as may be required by the business of the City. (d) Represent the City in criminal prosecutions in Municipal Court and appellate courts. (e) Represent the City in all litigation and admin- istrative proceedings in which the City is involved either as a plaintiff or defendant, or recommend the appoint- ment of special counsel therein. (f) Attend meetings of the Civil Service Commis- sion, pension boards, and other commissions, boards, or committees required by law, or as directed by the Coun- cil, or requested by the chair of such board or commis- sion. (g) Facilitate bond issues; provided, this shall not mean the rendering of an opinion on the validity of the bonds in any case where special bond counsel has been retained by the City or by any prospective bond buyer. (h) On request of the Mayor or Council participate in intergovernmental relations affecting the City. (i) Keep litigation files and records, and copies of all other official written communications, and deliver same to successors of the Office of the City Attorney. (j) Direct or participate in proceedings for the vacation of streets, condemnation of land, land acquisi- tion, sale of surplus properties, and related legal transac- tions. (k) Prepare and administer the budget for the Office of the City Attorney. (1) Serve as advisor and/or participant in labor negotiations and approve labor contracts as to form. (m) Coordinate and assist in obtaining information and legal opinion from Municipal Research as requested by the Mayor, Council President, or Chair of the Audit Committee. (n) Prepare and/or approve ballot measures and levies. (o) Interpret substance, form, and applicability of the City Charter and ensure consistency of all ordi- nances, resolutions, and administrative rules therewith. (p) Manage the Office of Risk Management. (q) Manage the Office of Human Resources. (Ord. 5232 §1 (part), 2013: Ord. 5075 §2, 2009: Ord. 4966 §4, 2006: Ord. 4808, Amended, 07/26/2002; Ord. 4152 §1, 1988) 2.06.040 OUTSIDE EMPLOYMENT. The City Attorney and Assistant City Attorneys shall not engage in any legal practice outside the Office of the City Attorney that would interfere or conflict with the duties of this office. (Ord. 5232 §1 (part), 2013: Ord. 5029 §1, 2007: Ord. 4808, Amended, 07/26/2002; Ord. 4152 §1, 1988) 2.09-1 (Revised 2/14) Chapter 2.09 DEPARTMENT OF FINANCIAL SERVICES Sections: 2.09.010 DEPARTMENT CREATED. 2.09.020 DIRECTOR OF FINANCIAL SERVICES AND DIVISION MANAGERS - POSITIONS CREATED AND APPOINTMENT. 2.09.030 FINANCE DIVISION CREATED - DUTIES. 2.09.040 OFFICE OF THE CITY CLERK CREATED - DUTIES. 2.09.050 INFORMATION TECHNOLOGY DIVISION CREATED - DUTIES. 2.09.060 BREMERTON KITSAP ACCESS TELEVISION (BKAT) DIVISION CREATED - DUTIES. Prior legislation: Ord. 4982. 2.09.010 DEPARTMENT CREATED. There is hereby created the Department of Financial Services. (a) Divisions. The Department of Financial Ser- vices shall consist of the following divisions, as well as any other divisions established by the City Council: (1) Finance; (2) Office of the City Clerk; (3) Information Technology; and (4) Bremerton Kitsap Access Television (BKAT). (b) Duties. The Director of Financial Services shall be in charge of the Department of Financial Ser- vices and all divisions established thereunder. The duties enumerated in each division as set forth in this chapter may be reassigned within the Department of Financial Services at the discretion of the Director of Financial Services for the purpose of achieving work efficiencies. The Director of Financial Services is also responsible for the management of the Conference Cen- ter operating fund. (Ord. 5232 §2 (part), 2013: Ord. 5128 §1 (part), 2010: Ord. 5075 §3, 2009: Ord. 4983 §1 (part), 2006: Ord. 4966 §5 (part), 2006: Ord. 4900 §2, 2004) 2.09.020 DIRECTOR OF FINANCIAL SERVICES AND DIVISION MANAGERS - POSITIONS CREATED AND APPOINTMENT. (a) Department Director - Appointment. There is hereby created the position of Director of Financial Ser- vices who shall be in charge of the Department of Finan- cial Services and all divisions established thereunder. The Director of Financial Services shall have complete charge of all of the work of the Department and shall be responsible for hiring and supervising employees of the Department. The Director of Financial Services shall be appointed by the Mayor, subject to confirmation by the City Council, on the basis of professional experience, education and demonstrated knowledge of accepted practices relating to the duties of the Department. All appointees to the position of Director of Financial Ser- vices are terminable at will by the Mayor as set forth in Chapter 2.05 BMC. (b) Division Managers - Appointment. There are hereby created the positions of Assistant Director of Financial Services, City Clerk, Information Technology Manager, and Public Access Manager as managers for their respective divisions. The managers (hereinafter "managers" or "division managers") shall manage the operations of their respective divisions and shall report directly to the Director of Financial Services. The divi- sion managers shall be appointed by and shall serve at the pleasure of the Director of Financial Services, sub- ject to the approval of the Mayor, on the basis of profes- sional experience, education and demonstrated knowledge of accepted practices relating to the duties of the division. All appointees to the division manager positions shall serve as "at-will" employees subject to termination by the Director of Financial Services with- out cause at any time with no notice or hearing unless otherwise provided pursuant to an applicable rule or reg- ulation, the City Charter, ordinance, or terms and condi- tions as approved by the City Council. (Ord. 5232 §2 (part), 2013: Ord. 5128 §1 (part), 2010: Ord. 5075 §4, 2009: Ord. 5003 §2, 2007: Ord. 4983 §1 (part), 2006: Ord. 4966 §5 (part), 2006: Ord. 4900 §2, 2004) 2.09.030 FINANCE DIVISION CREATED - DUTIES. There is hereby created the Finance Division for the purpose of performing all finance and accounting func- tions of the City of Bremerton. The division shall be managed by the Assistant Director of Financial Services who shall serve as the City Treasurer. It shall be the duty of the Assistant Director of Financial Services to: (a) Be responsible for assisting in the management of the City’s investment and debt portfolios. (b) Assist City administration in budget prepara- tion and monitoring. (Revised 2/14)2.09-2 (c) Maintain the accounting system in accordance with generally accepted accounting principles (GAAP). (d) Maintain the payroll system. (e) Exercise control of accounts payable and pur- chasing. (f) Maintain an inventory of capital assets. (g) Collect and account for all City funds. The Assistant Director of Financial Services shall perform such other duties as the Mayor and Director of Financial Services may direct or as may be required by law. (Ord. 5232 §2 (part), 2013: Ord. 5128 §1 (part), 2010: Ord. 4983 §1 (part), 2006: Ord. 4966 §5 (part), 2006: Ord. 4900 §2, 2004) 2.09.040 OFFICE OF THE CITY CLERK CREATED - DUTIES. There is hereby created the Office of the City Clerk for the purpose of performing all records management functions of the City. The division shall be managed by the City Clerk. It shall be the duty of the City Clerk to act as the official records keeper of the City and in such capacity shall perform those duties as required by the laws of the state, City Charter or City Code. The City Clerk shall perform such other duties as the Mayor or the Director of Financial Services may direct or as may be required by law. The City Clerk is authorized to appoint one (1) or more Deputy City Clerks as needed to fulfill the duties of the City Clerk during his or her absence. (Ord. 5232 §2 (part), 2013: Ord. 5150 §1, 2011: Ord. 5128 §1 (part), 2010: Ord. 4983 §1 (part), 2006: Ord. 4966 §5 (part), 2006: Ord. 4900 §2, 2004. Formerly 2.09.050) 2.09.050 INFORMATION TECHNOLOGY DIVISION CREATED - DUTIES. There is hereby created the Information Technol- ogy Division for the purpose of performing all informa- tion technology operations of the City. The division shall be managed by the Information Technology Man- ager. It shall be the duty of the Information Technology Manager to: (a) Direct the activities of the Information Tech- nology Division with the responsibility to provide tech- nological leadership in systems planning, implementation and support programs. (b) Direct the development and maintenance of long-range information processing plans and budgets. (c) Act as a contact person with user departments responding to and analyzing their inquiries. The Information Technology Manager shall per- form such other duties as the Mayor or the Director of Financial Services may direct or as may be required by law. (Ord. 5232 §2 (part), 2013: Ord. 5128 §1 (part), 2010. Formerly 2.09.060) 2.09.060 BREMERTON KITSAP ACCESS TELEVISION (BKAT) DIVISION CREATED - DUTIES. There is hereby created the Bremerton Kitsap Access Television (BKAT) Division for the purpose of performing all public access television functions of the City. The division shall be managed by the Public Access Manager. It shall be the duty of the Public Access Manager to manage the production, program- ming and operation of the local access television station. The Public Access Manager shall perform such other duties as the Mayor or the Director of Financial Services may direct or as may be required by law. (Ord. 5232 §2 (part), 2013: Ord. 5128 §1 (part), 2010: Ord. 4983 §1 (part), 2006: Ord. 4966 §5 (part), 2006: Ord. 4900 §2, 2004. Formerly 2.09.070) 2.11-1 (Revised 2/14) Chapter 2.11 OFFICE OF HUMAN RESOURCES Sections: 2.11.010 OFFICE CREATED. 2.11.020 POSITION. 2.11.030 DUTIES. 2.11.010 OFFICE CREATED. There is created the Office of Human Resources. The Office of Human Resources shall be administered by the Human Resources Manager, subject to the direc- tion and supervision of the City Attorney. (Ord. 5232 §3 (part), 2013) 2.11.020 POSITION. The Office of Human Resources shall be adminis- tered by the Human Resources Manager, or other assigns, subject to the direction and supervision of the City Attorney, or designee. The Human Resources Man- ager shall report directly to the City Attorney, or desig- nee. The duties of the Human Resources Manager may be assigned to one (1) or more employees in the City Attorney’s Office who shall hereinafter be referred to in this chapter as "Human Resources Manager." (Ord. 5232 §3 (part), 2013) 2.11.030 DUTIES. It shall be the duty of the Human Resources Man- ager to: (a) Assist City departments with recruitment, test- ing and hiring as applicable. (b) Advise City departments on professional per- sonnel management practices including performance evaluations and employee relations. (c) Support City Labor Negotiator and negotia- tions advisory team. (d) Conduct employee training and counseling. (e) Administer employee benefit programs. (f) Maintain personnel records. (g) Perform salary surveys. (h) Serve as liaison between the administration and Civil Service Commission. (i) Coordinate temporary placements in support of the City Workers Compensation Program. The Human Resources Manager shall perform such other duties as the City Attorney may direct or as may be required by law. (Ord. 5232 §3 (part), 2013) 2.50-1 (Revised 2/14) Chapter 2.50 MANAGEMENT AND PROFESSIONAL STAFF COMPENSATION PROGRAM Sections: 2.50.010 POLICY STATEMENT. 2.50.020 APPLICABILITY, EXCLUSIONS AND EXEMPTIONS. 2.50.030 SALARY PLAN. 2.50.031 ADJUSTMENT OF SALARY BAND LEVELS. 2.50.032 ACTUAL SALARY RATE. 2.50.034 INITIAL BENEFITS FOR DEPARTMENT HEADS. 2.50.040 WORK SCHEDULES AND LEAVE BENEFITS. 2.50.050 DEFERRED COMPENSATION/INSURANCE OPTIONS. 2.50.060 RETIREMENT BENEFITS. 2.50.070 MEDICAL AND DENTAL INSURANCE BENEFITS. 2.50.080 WORKERS’ COMPENSATION. 2.50.090 SEVERANCE PAY. 2.50.010 POLICY STATEMENT. (a) It is the policy of the City of Bremerton to pro- vide a management and professional compensation pro- gram which enables the City to employ staff who possess the necessary skills and abilities to effectively: (1) Manage the delivery of existing City ser- vices and the provision of essential municipal govern- ment support functions; (2) Evaluate and plan future service needs; (3) Advise and support the policy-making activities of the City’s elected officials; and (4) Implement policy changes enacted by the elected representatives of the citizens of Bremerton. (b) It is also the policy of the City of Bremerton to structure the classification and compensation program for management and professional staff in a manner which assures that: (1) The actual duties assigned to a classifica- tion are appropriate to the assigned level of responsibil- ity; (2) Compensation levels are consistent with the level of responsibilities assumed by staff and appro- priate to the City’s financial circumstances; (3) Individual salary rates appropriately reflect each person’s performance and experience at the responsibility level assumed with the City of Bremer- ton. (c) The provisions of this program shall be applied equally to all persons included in the program without discrimination as to age, sex, marital status, race, color, creed, religion, national origin, political affiliation; or mental, physical or sensory handicap, unless based upon a bona fide occupational qualification. (Ord. 4305 §1 (in part), 1991). 2.50.020 APPLICABILITY, EXCLUSIONS AND EXEMPTIONS. (a) Applicability. The provisions of the program adopted by this chapter shall only apply to salaried man- agement and professional appointive positions desig- nated as such and authorized in the City’s annual budget; provided, however, for the City Auditor, the responsibilities of the Mayor shall be exercised by the Audit Committee, and for the City Attorney, Mayoral approvals shall be forwarded to the City Council and may be modified by the Council President. (b) Exclusion from Representation. All classifica- tions and all positions within classifications covered by this program along with other City officials represent "the employer" for purposes of labor relations. As such, no classification and no position within a classification which is included in a representation unit for the pur- pose of collective bargaining under the State of Wash- ington’s public employee collective bargaining statutes contained in Chapter 41.56 RCW shall be included in this program. (c) Noncoverage and Exemption under Fair Labor Standards Act. No classification, no position within a classification and no incumbent of a position which does not qualify for noncoverage or exemption from the Fair Labor Standards Act shall be included in this program. (Ord. 4539, Amended, 12/18/1995; Ord. 4462 §1, 1994; Ord. 4461 §3, 1994; Ord. 4452 §1, 1994; Ord. 4430 §1, 1993; Ord. 4408 §1, 1993; Ord. 4387 §1, 1992; Ord. 4358 §2, 1992; Ord. 4305 §1 (in part), 1991) 2.50.030 SALARY PLAN. A salary plan for management and professional staff shall be structured and salaries set for covered employees as follows: (a) Each position included in BMC 2.50.020 shall be assigned to a salary band. Assignment of positions to bands shall be based upon general salary levels paid by municipal governments of similar size, demography and financial resources for similar responsibilities. A salary survey for each position shall be conducted every five (5) years or as otherwise appropriate to ensure correct assignment to salary bands. The survey shall be con- ducted in conformance with a plan which shall be pre- sented to the City Council prior to implementation and which shall specify: (1) the municipal governments to (Revised 2/14)2.50-2 be included in the survey; (2) the criteria used to select the municipalities for inclusion; (3) identification of the procedures to be used; and (4) personnel assigned to conduct the survey. (1) Band Differential. The percentage differ- ential between the maximum rates of salary bands shall be approximately five (5) percent. (2) Band Range. Salary rates of a band range shall have eight (8) rates. Rate 1 is approximately five (5) percent below Rate 2. Rate 2 through Rate 8 in the band shall be spread approximately two and one-half (2.5) percent. The spread between the minimum and maximum rates shall be approximately twenty-two (22) percent. (Ord. 4984 §1, 2006: Ord. 4401 §1 (in part), 1993) 2.50.031 ADJUSTMENT OF SALARY BAND LEVELS. The City Council shall provide for adjustments to salary band levels as are consistent with the Council’s CPI salary adjustment policy each year. (Ord. 4984 §2, 2006: Ord. 4401 §1 (in part), 1993) 2.50.032 ACTUAL SALARY RATE. (a) Initial Rate. The salary rate of a person upon appointment to a management or professional position shall be set no lower than Rate 1 of the salary band to which an employee’s position is assigned. When it is in the best interest of the City, the City Council may autho- rize an initial salary of a newly hired person at a rate which exceeds Rate 1. (b) Salaries may be increased as follows: (1) Salary Rate Advancement. Each person shall be eligible for a salary rate advancement upon completion of twelve (12) full months of regular (as opposed to interim) service at each rate in the salary band. To receive a salary rate advancement, the employee must be evaluated as "meets expectations" (or equivalent) on his or her work performance evaluation. Salary rate advancements shall be an increase of one rate in the same salary band, if available. (2) Additional Advancement. Those employ- ees who receive a rating that exceeds the rating "meets expectations" (or equivalent) may be eligible to receive an additional salary rate advancement for an increase of one additional rate in the same salary band, if available, above the initial rate advancement provided in subsec- tion (b)(1) of this section. This additional advancement shall require the recommendation of the department head, or equivalent, and approval of the Mayor and City Council. (3) A rate advancement that was denied may be granted following a minimum sixty (60) day review period of the employee’s performance. (4) Notwithstanding the above, when it is in the best interest of the City, the City Council upon the recommendation of the Mayor may authorize an in- range adjustment to provide additional salary in instances of promotion, to provide for internal equity corrections, or for another reason deemed appropriate by the City Council. (c) Changes to Employee Classifications. (1) Downgrading an Employee’s Classifica- tion. Upon the City Council’s approval of downgrading a person’s classification to a lower salary band, the per- son’s initial salary rate will be set at the same rate in the new band that was in effect in the former salary band. In the event a person’s salary rate exceeds the maximum rate of the salary band to which his or her position is assigned on the date of downgrading, his or her actual salary rate shall be frozen until such time as the maxi- mum rate of the new band is equal to or greater than his or her actual salary and, at such time, the employee’s salary rate shall be set at the maximum rate of the salary band to which his or her position is assigned. (2) Upgrading an Employee’s Classification. If an employee’s classification is moved from one salary band to a higher band (excluding promotions), the employee’s salary rate at the higher band shall be set at the next rate which is higher than the salary he or she was receiving at the former band. Any additional rate advancements shall require City Council approval. The employee’s salary rate advancement date does not change. (3) Promotions. In the event an employee is promoted from one classification to a higher classifica- tion (one salary band to a higher salary band), the employee’s salary rate at the higher band shall be set at the next rate which is higher than the salary he or she was receiving at the former band. Promoted employees shall be eligible for a salary rate advancement upon completion of twelve (12) full months of regular (as opposed to interim) service at each rate in the new salary band, which shall be the employee’s new salary rate advancement date. Any additional rate advancements shall require City Council approval. (Ord. 5210 §1, 2013: Ord. 4984 §3, 2006: Ord. 4551, Amended, 05/23/1996; Ord. 4458 §1, 1994; Ord. 4401 §1 (in part), 1993) 2.50.034 INITIAL BENEFITS FOR DEPARTMENT HEADS. When it is in the best interest of the City, the City Council may authorize increased or additional benefits in hiring a department head beyond those specified in this chapter. Any extraordinary benefits must be included in the department head’s employment contract 2.50-3 (Revised 2/14) approved by the City Council. (Ord. 4551, Added, 05/23/1996) 2.50.040 WORK SCHEDULES AND LEAVE BENEFITS. (a) Work Schedules. Full-time managers and pro- fessional staff shall arrange such work schedules as are needed for the effective accomplishment of work and which shall be the equivalent of forty (40) hours per week, including paid holiday, vacation and sick leave time. The work schedules of part-time managers and professional staff shall be apportioned accordingly. Alternative work schedules to the forty (40) hour week may be authorized by the department director and Human Resources Manager. Managers and professional staff may be called back to their work place at any time to respond to emergencies. Managers and professional staff covered by this program are noncovered or exempt from the Fair Labor Standards Act’s overtime provi- sions. (b) Holiday Time. Managers and professional staff shall receive a full day of time off without loss of com- pensation for each holiday observed by the City on the day the City observes the holiday and one additional floating holiday. Holidays observed by the City are: New Year’s Day Martin Luther King’s Birthday President’s Day Memorial Day Independence Day Labor Day Veteran’s Day Thanksgiving Day Day after Thanksgiving Christmas In addition, similar time off without loss of com- pensation is granted for any other holiday which the City Council takes specific official action to observe. (c) Vacation. (1) Vacation Leave. Managers and profes- sional staff shall be granted vacation time off without loss of compensation based upon years of employment in management or professional position(s) as follows: Upon hire and with the approval of the Mayor, the vacation leave time granted a new staff member may be set at twenty (20) days or if a current City employee at twenty-five (25) days unless otherwise approved by City Council. (2) Vacation Availability - Adjustment at Hire or Separation. Annual vacation leave is granted in full on January 1 of each calendar year; however, a pro rata increase shall accrue on the employee’s anniversary date in the year the employee qualifies for a larger vaca- tion benefit. Managers and professional staff who are hired or who separate from employment with the City within a budget year receive vacation days on a pro- rated basis which covers the time of employment. (3) Vacation Eligibility. Vacation time is taken in segments of one (1) whole day or more. Vaca- tion leave available to a manager or professional staff member at the beginning of a vacation leave is to be suf- ficient to cover any vacation time to be taken. (4) Maximum Unused Vacation. The maxi- mum vacation time that shall be allowed to carry for- ward from one calendar year to the next is as follows: In the event a manager or professional staff member has not reduced his or her vacation balance to the maximum allowable carryover at the end of a calen- dar year, excessive days are forfeited unless the Mayor grants an extension of time beyond the end of the calen- dar year during which all vacation days which exceed the maximum allowable carryover are to be taken. (5) Vacation Pay-Out. Upon separation from City employment, unused vacation time will be paid to the manager or professional staff member in a cash pay- ment as follows: i. Prorated Adjustment. Vacation time balance accrued during the year of separation and adjusted pursuant to subsection (c)(2) of this section; plus ii. Allowable Carryover Balance. The maximum allowable vacation time carryover estab- lished in subsection (c)(4) of this section. Any unused vacation leave exceeding the maximum allowable car- ryover that has been approved by the Mayor for carry- over pursuant to subsection (c)(4) of this section is not eligible for cash out. (d) Sick Leave. (1) Accrual. Sick leave is accrued at the rate of twelve (12) full days per year and is proportionately credited to sick leave balances each pay period. (2) Maximum Sick Leave Balance. Sick leave may be accrued to a maximum of one hundred twenty- five (125) days. Upon reaching a maximum of one hun- through 2 full years 15 days (120 hours) through 5 full years 20 days (160 hours) after 5 full years and thereafter 25 days (200 hours) Years of Continuous Employment Maximum Balance 0 through 5 years 20 days (160 hours) more than 5 years 30 days (240 hours) (Revised 2/14)2.50-4 dred twenty-five (125) days, no further accrual is added until such time as sick leave time is taken. Accrued sick leave time is provided as a form of self-insured short- term disability coverage and no cash payment for unused sick leave time is made under any circumstances except as set forth in subsections (d)(9) and (10) of this section. (3) Banked Sick Leave for Certain Managers and Professional Staff. Any person covered by this pro- gram who was employed by the City on January 20, 1985, and who had accrued, unused sick leave time set aside in a sick leave bank at that time shall have the banked time remain on record and made available for his or her use. Upon service retirement from City ser- vice, the person shall receive payment of thirty-five (35) percent of banked sick leave time to a maximum of one hundred twenty (120) banked days (a maximum of forty-two (42) paid days). In the event the person dies while employed with the City, the person’s estate shall be paid for all days of banked time. (4) Sick Leave Incentive. Anyone who takes two (2) days or less of sick leave in a full calendar year shall have one (1) day added to his or her vacation leave balance at the beginning of the following calendar year. (5) Sick Leave Use. Sick leave is charged in one (1) day segments and must be accrued prior to use in order to qualify for paid sick leave time off. Shorter periods of absence due to any of the reasons provided below are administered by the Mayor under subsection (a) of this section and are not charged to sick leave bal- ances for salaried employees. Sick leave is available up to the amount of accrued sick leave balance days and may be used for: i. Temporary disability resulting from personal illness or injury. ii. Providing care for children under the age of eighteen (18) when they have a health condition that requires parental supervision or treatment. iii. Attending medical, dental and/or ocu- list appointments as needed for preventive or rehabilita- tive health personal care or a child’s care, when such care requires parental presence to supervise or authorize treatment. iv. Pursuant to the Family Leave Act, to care for a sick child or other family member (spouse, parent, parent-in-law or grandparent). (6) Notification of Sick Leave Use. A person who is absent or expects to be absent from work due to causes specified in subsection (d)(5) of this section is to promptly notify the City by telephone or otherwise by 9:00 a.m., if possible, of the day of his or her scheduled work day. (7) Sick Leave During Authorized Paid Leave. A person who becomes ill or is injured during paid vacation may request the conversion of the vaca- tion leave to sick leave with pay by promptly notifying the City of the illness or injury and providing such infor- mation as is required by the City to verify the appropri- ateness of such a conversion. (8) Sick Leave Documentation and Approval. Within three (3) days after returning to work, a person who has been absent on sick leave is to submit such forms and provide such information as is required by the City to approve the payment of sick leave. The Mayor may require a person to demonstrate that he or she has sought treatment or require other verification needed to assure that the person is fit for duty or as needed to approve paid sick leave for the absence. (9) Sick Leave Retirement Payment. An employee who retires from City service on a PERS or LEOFF service or disability retirement shall be pro- vided a sick leave retirement payment at thirty-five (35) percent of the employee’s accrued and unused sick leave hours to a maximum of thirty-five (35) percent of nine hundred sixty (960) hours (a maximum total of three hundred thirty-six (336) hours). The payment will be made to the employee at the employee’s regular hourly wage rate in effect at the time of retirement. (10)Payment of Sick Leave Upon Death. In the event of the death of an employee, the employee’s estate shall be paid for the total accrued and unused sick leave hours at the employee’s regular hourly wage rate in effect at the time of death. (e) Bereavement Leave. Three (3) days of bereavement leave are allowed for attending funerals in the State of Washington and five (5) days for attending out of State funerals upon the death of a member of the immediate family. The first three (3) days of time off for bereavement leave will be compensated at the employee’s current salary. The additional two (2) days of time off for bereavement leave shall be charged against the employee’s vacation, floating holiday, sick leave or compensatory time leave balance at the option of the employee. Immediate family is defined as spouse, State registered domestic partner, child, stepchild, mother, father, step-parents, mother/father in-law, brother, sister, brother/sister in-law, grandparents and grandchildren of both an employee and his or her spouse. (f) Jury Duty, Witness Leave. Leave of absence with pay for the purpose of reporting to jury duty or if subpoenaed as a witness for the City is provided. Any juror or witness fees received by a person for the perfor- mance of such duties shall be assigned to the City. (g) Military Leave. A leave of absence with pay for a period not to exceed twenty-one (21) working days 2.50-5 (Revised 2/14) is granted for the purpose of responding to training orders as a member of the organized military reserves of the United States or of the State of Washington. (h) Administrative Leave. The Mayor may place any manager or professional staff member on paid administrative leave for up to thirty (30) working days under circumstances which make it appropriate that the person be absent from the work place during the inves- tigation, resolution or pendency of procedures appropri- ate to the circumstances involving the manager or professional staff member. The Mayor may place other lawful conditions upon the person on administrative leave as are deemed appropriate by the Mayor. (i) Leave of Absence. A leave of absence without compensation may be granted by the Mayor for a period of up to thirty (30) working days and may be subse- quently extended with the approval of the City Council. Any leave of absence greater than thirty (30) days will be without compensation and benefits unless required by law. (Ord. 5210 §2, 2013: Ord. 5074 §1, 2009; Ord. 4551, Amended, 05/23/1996; Ord. 4305 §1 (in part), 1991) 2.50.050 DEFERRED COMPENSATION/INSURANCE OPTIONS. The City will contribute a total of four percent (4%) of gross salary to options selected by each person from City deferred compensation and/or tax exempt benefits made available through approved City policies. (Ord. 4305 §1 (in part), 1991) 2.50.060 RETIREMENT BENEFITS. Each manager or professional staff member cov- ered by this program will be enrolled in the Federal OASDI and/or State of Washington LEOFF I or II, or PERS I, II or III, or PSERS retirement system for which he or she qualifies. Contributions to the respective retirement systems by the City and by each employee will be made in conformance with Federal FICA Laws and State Retirement Laws. (Ord. 5210 §4, 2013: Ord. 4305 §1 (in part), 1991) 2.50.070 MEDICAL AND DENTAL INSURANCE BENEFITS. (a) A manager or professional staff member cov- ered by this program and who qualifies for and is a member of the LEOFF I or II, and PERS I, II or III State Retirement Systems has the same medical and dental insurance plans, coverages and premium payments made available to him or her as are granted to the repre- sented employees employed in his or her department who are included in that particular system. A manager or professional staff member who can provide documenta- tion of alternative medical insurance coverage may elect to receive two hundred fifty dollars ($250.00) per month in lieu of enrolling in a medical plan offered by the City. The City will pay one hundred (100) percent of the cost of coverage for employees and dependents for vision coverage provided through the Association of Washing- ton Cities. (b) The City will offer short-term disability insur- ance coverage to management and professional employ- ees on a voluntary basis, which will be paid by the employee through payroll deduction. (Ord. 5210 §3, 2013: Ord. 4984 §4, 2006: Ord. 4305 §1 (in part), 1991) 2.50.080 WORKERS’ COMPENSATION. Each manager and staff member shall receive such workers’ compensation benefits as are provided by the City pursuant to State laws. A manager or staff member who incurs a work-related illness or injury and who qualifies to receive workers’ compensation benefits shall be allowed to use accrued sick leave to supplement the workers’ compensation benefits so as to provide the same salary he or she would have received for full-time active service, taking into account that workers’ com- pensation payments are not subject to federal or social security taxes. In no event shall the combination of workers’ compensation and sick leave exceed the amount of an employee’s regular salary at any time of the disability period. (Ord. 4305 §1 (in part), 1991) 2.50.090 SEVERANCE PAY. Unless otherwise provided pursuant to the City Charter, ordinance, or civil service rule or regulation as applicable, a manager or professional staff member may be separated from employment without cause ("at will") from a position included in this program upon receiving thirty (30) calendar days’ written notice of separation or pay in lieu of all or part of said notice. A person so sep- arated shall not have the right to displace any other per- son employed by the City by virtue of employment in a management or professional position. The person so separated shall receive severance pay upon separation based upon years of employment with the City as fol- lows: (a) Through two (2) full years of employment: two (2) months’ severance pay. (b) Through five (5) full years of employment: two and one-half (2.5) months’ severance pay. (c) Over five (5) years of employment: three (3) months’ severance pay. (Ord. 4810, Amended, 09/14/2002; Ord. 4305 §1 (in part), 1991) 2.62-1 (Revised 2/14) 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, unless a different appeal period is specifically provided for in the Bremerton Municipal Code relating to the appeal, from the date of appellant’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 accompanied by a filing fee, pursuant to Chap- ter 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. Unless otherwise provided by State law or the Bremerton Municipal Code, enforcement of the admin- istrative decision being appealed to the Municipal Court (Revised 2/14)2.62-2 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. 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) Animals, BMC Title 7; (2) Traffic, BMC Title 10. All references to Hearing Examiner in Chapter 2.96 BMC and these titles shall mean Municipal Court Hear- ing Examiner. (Ord. 5216 §2, 2013: Ord. 5154 §6, 2011: Ord. 5147 §6, 2011: 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) 3.72-1 (Revised 2/14) Chapter 3.72 GAMBLING TAX Sections: 3.72.010 DEFINITIONS. 3.72.020 PERSONS SUBJECT TO TAX - TAX RATES. 3.72.030 TAX TO BE COMPUTED AND PAID QUARTERLY - EXCEPTIONS. 3.72.040 ADMINISTRATION AND COLLECTION OF TAX. 3.72.050 METHOD OF PAYMENT. 3.72.060 FAILURE TO MAKE TIMELY PAYMENT OF TAX OR FEE. 3.72.070 NOTICE OF INTENTION TO ENGAGE IN ACTIVITY TO BE FILED. 3.72.080 RECORDS REQUIRED. 3.72.090 OVERPAYMENT OR UNDERPAYMENT OF TAX. 3.72.100 FAILURE TO MAKE RETURN. 3.72.110 TAX ADDITIONAL TO OTHERS. 3.72.120 CITY TREASURER TO MAKE RULES. 3.72.130 TAXES, PENALTIES AND FEES CONSTITUTE DEBT TO MUNICIPALITY. 3.72.140 LIMITATION ON RIGHT TO RECOVERY. 3.72.150 EFFECTIVE DATE OF TAX. 3.72.160 VIOLATION - PENALTIES. 3.72.010 DEFINITIONS. For the purposes of this chapter, the words and terms used shall have the same meaning as each has under Chapter 218, Laws of 1973, First Extraordinary Session and Chapter 9.46 RCW, each amended, and under the rules of the Washington State Gambling Com- mission, Chapter 230, WAC, unless otherwise specifi- cally provided or the context in which they are used herein clearly indicates that they may be given some other meaning. (Ord. 3187 §1, 1974) 3.72.020 PERSONS SUBJECT TO TAX - TAX RATES. There is levied upon all persons, associations, and organizations conducting or operating within this juris- diction any of the activities listed below a tax in the fol- lowing amount to be paid to the City: (a) Bingo, in the amount of the gross receipts therefrom, less the amount of money paid in cash and amounts paid for merchandise which are actually awarded as prizes during the taxable period, multiplied by the rate of five (5) percent; (b) Raffles, in the amount of the gross receipts therefrom, less the amount of money paid in cash and amounts paid for merchandise which are actually awarded as prizes during the taxable period, multiplied by the rate of five (5) percent. No tax shall be imposed on the first ten thousand dollars ($10,000) gross receipts less the amount awarded as cash or merchandise prizes from raffles conducted by any bona fide charitable or nonprofit organization as defined in Chapter 9.46 RCW; (c) Amusement games, in the amount sufficient to pay the actual costs of enforcement of the provisions of this chapter, which shall not exceed the amount of the gross receipts therefrom, less the amount of money paid in cash and amounts paid for merchandise, which are actually awarded as prizes during the taxable period, multiplied by the rate of two (2) percent; (d) Charitable organizations. No tax shall be imposed under the authority of this chapter on bingo, raffles or amusement games when such activities or any combination thereof are conducted by any bona fide charitable or nonprofit organization, as defined in Chap- ter 9.46 RCW, which organization has not paid operat- ing or management personnel and has gross income from bingo, raffles or amusement games, or any combi- nation thereof, not exceeding five thousand dollars ($5,000) per year less the amount paid as prizes; (e) Fishing derbies, in the amount of the gross receipts therefrom, less the amount of money paid in cash and amounts paid for merchandise which are actu- ally awarded for prizes during the taxable period, multi- plied by the rate of ten (10) percent; (f) Punchboards or pull-tabs. (1) Any organization qualifying as a bona fide charitable or nonprofit organization pursuant to the pro- visions of Chapter 9.46 RCW and any person, associa- tion or organization who desires to utilize punchboards or pull-tabs as a commercial stimulant pursuant to Chap- ter 9.46 RCW shall make such intention known to the City Treasurer; (2) Any organization pursuant to the provi- sions of Chapter 9.46 RCW and any person, association or organization who desires to utilize punchboards or pull-tabs as a commercial stimulant pursuant to Chapter 9.46 RCW shall remit to the City of Bremerton and there is hereby levied a tax computed at the rate of three (3) percent based upon the gross income received in the conduct of such activity, computed by multiplying the number of chances played on said punchboard or pull- tab times the price or value of each individual chance for play; (Revised 2/14)3.72-2 (3) Any organization qualifying as a bona fide charitable or nonprofit organization pursuant to the pro- visions of Chapter 9.46 RCW, who desires to utilize punchboards or pull-tabs pursuant to Chapter 9.46 RCW, shall remit to the City of Bremerton and there is hereby levied a tax computed at the rate of ten (10) per- cent based on gross receipts from the operation of the games less the amount awarded as cash or merchandise prizes. Gross income received in the conduct of such activity is computed by multiplying the number of chances played on said punchboard or pull-tab times the price or value of each individual chance or play. Cash or merchandise awarded is computed by the amount of cash paid or cost of merchandise awarded; (g) Social card games. (1) Social card games (player funded), in the amount of ten (10) percent of the gross receipts received as fees charged persons for the privilege of playing in card games; (2) Social card games (house banked) in the amount of two (2) percent of the gross receipts received by the house from such social card games; (h) Fund-raising events, as defined by RCW 9.46.0233, in the amount of ten (10) percent of the net receipts derived from the fund-raising event. For the purpose of this section, "net receipts" means all money received by an organization during a given period of time, less the amount of money paid out as cash prizes during the same period of time. No additional expendi- tures which arise from the conducting of the fund-rais- ing event shall be deducted for purposes of reducing the gross receipts to arrive at the net receipt. (Ord. 5238 §1, 2013: Ord. 5116 §1, Amended, 07/07/2010: Ord. 4764, Amended, 07/06/2001; Ord. 3924 §1, 1984; Ord. 3187 §2, 1974) 3.72.030 TAX TO BE COMPUTED AND PAID QUARTERLY - EXCEPTIONS. Each of the various taxes imposed by this chapter shall be computed on the basis of activity during each calendar quarter year, shall be due and payable in quar- terly installments, and remittance therefor, together with return forms, shall be made to the city, on or before the last day of the month next succeeding the quarterly period in which the tax accrued, that is, on January 31st, April 30th, July 31st, and October 31st of each year; provided, that the following exceptions to this payment schedule shall be allowed, or required: (1) Except as provided in (2) below, whenever any person, association or organization taxable hereun- der conducting or operating a taxable activity on a regu- lar basis discontinues operation of that taxable activity for a period of more than three consecutive weeks, or quits business, sells out, or otherwise disposes of its business or terminates the business, any tax due hereun- der shall become due and payable, and such taxpayer shall, within ten days thereafter, make a return and pay the tax due. (2) Whenever it appears to the city treasurer that the collection of taxes from any person, association or organization may be in jeopardy, the city treasurer, after not less than thirty days’ notice to the taxpayer, is authorized to require that taxpayer to remit taxes and returns at such shorter intervals than quarterly or annu- ally, as the city treasurer shall deem appropriate under the circumstances. (3) There shall be allowed as a deduction for the various taxes imposed by this chapter an amount equal to the amount of bad debts suffered by any such person, association or organization engaged in such activity as a result of their being unable to collect gam- bling debts. Such deduction shall be allowed to be com- puted and taken on the tax return for the fourth quarter of each calendar year. Such deduction shall not be allowed unless the person, association or organization engaging in such activities shall first cause to be pre- pared and filed with said fourth quarter tax return an affidavit, in form satisfactory to the city treasurer, set- ting forth the amount of bad debts suffered by such per- son, association or organization. (Ord. 3377 §1, 1977; Ord. 3187 §3 1974) 3.72.040 ADMINISTRATION AND COLLECTION OF TAX. Administration and collection of the various taxes imposed by this chapter shall be the responsibility of the city treasurer. Remittance of the amount due shall be accompanied by a completed return form prescribed and provided by the city treasurer. The taxpayer shall be required to swear and affirm that the information given in the return is true, accurate, and complete. The city treasurer is authorized, but not required, to mail to taxpayers forms for returns. Failure of the tax- payer to receive such a form shall not excuse a taxpayer from making the return and timely paying all taxes due. The city treasurer shall make forms available to the pub- lic in reasonable numbers in the office of the city trea- surer during regular business hours. In addition to the return form, a copy of the tax- payer’s quarterly report to the Washington State Gam- bling Commission required by WAC 230-08 for the period in which the tax accrued, shall accompany remit- tance of the tax amount due. (Ord. 3187 §4, 1974) 3.72.050 METHOD OF PAYMENT. Taxes payable hereunder shall be remitted to the city treasurer on or before the time required by bank draft, certified check, cashier’s check, personal check, money order, or in cash. If payment is made by draft or 3.72-2.1 (Revised 2/14) check, the tax shall not be deemed paid until the draft or check is honored in the usual course of business, nor shall the acceptance of any sum by the city treasurer be an acquittance or discharge of the tax unless the amount paid is the full amount due. The return, and copy of quarterly report to the Washington State Gambling Commission, shall be filed in the office of the city trea- surer after notation by that office upon the return of the amount actually received from the taxpayer. (Ord. 3187 §5, 1974) (Revised 2/14) Title 5 BUSINESS LICENSES AND REGULATIONS Chapters: 5.02 GENERAL BUSINESS LICENSES 5.03 GENERAL PROVISIONS FOR REGULATORY LICENSES 5.06 RENTAL PROPERTY REGISTRATION 5.08 STREET VENDORS 5.16 TEMPORARY MERCHANTS, PEDDLERS AND MOBILE FOOD VENDORS 5.17 CHARITABLE SOLICITATION 5.22 PUBLIC DANCES 5.36 SPECIAL EVENTS 5.88 BURGLAR ALARMS 5.96 EROTIC DANCE STUDIOS 5.06-1 (Revised 2/14) Chapter 5.06 RENTAL PROPERTY REGISTRATION Sections: 5.06.010 PURPOSE. 5.06.020 DEFINITIONS. 5.06.030 REGISTRATION AND DECLARATION REQUIRED. 5.06.040 VIOLATIONS AND INSPECTIONS. 5.06.050 INSPECTION FINDINGS - REVIEW AND APPEAL. 5.06.060 ADMINISTRATIVE APPEALS. 5.06.070 VIOLATIONS AND ENFORCEMENT. 5.06.010 PURPOSE. The City Council finds that rental housing is a valu- able community asset, providing homes for all income levels. Additionally, the City Council finds that there exists rental housing in the City that is below the mini- mum building standards and appears to violate RCW 59.18.060 of the Residential Landlord-Tenant Act and that such substandard conditions constitute a public nui- sance. As a result, to ensure the public health, safety, and welfare of its citizens and the maintenance of qual- ity rental housing in the City, this code establishes a pro- gram to prevent and correct conditions in residential rental units that adversely affect or are likely to adversely affect the health, safety, and welfare of the public. It is the purpose of this chapter to assure that rental housing within the City is actively operated and maintained in compliance with RCW 59.18.060. (Ord. 5221 §1 (part), 2013) 5.06.020 DEFINITIONS. "BMC" means Bremerton Municipal Code. "Building Code" means the City Building Code set forth in Chapter 17.04 BMC. "Certificate of inspection" means a certificate made in accordance with the requirements of RCW 9A.72.085 by a qualified inspector on forms provided by the City that states that the owner of rental property has not failed to fulfill any substantial obligation imposed under RCW 59.18.060 of the Landlord Tenant Act, as defined in this section, that endangers or impairs the health or safety of a tenant. "Code enforcement officer" means code enforce- ment officer as defined in Chapter 1.04 BMC. "Declaration of compliance" means an unsworn statement, declaration, verification, or certificate made in accordance with the forms provided by the City that each dwelling unit complies with RCW 59.18.060 of the Landlord Tenant Act as defined in this section, as cur- rently enacted and hereinafter amended, and does not present conditions that endanger or impair the health or safety of the tenants. "Director" means the Director of Community Development or designee as applicable and any other department director authorized by the Mayor to enforce this chapter, or their designee, including, but not limited to, code enforcement officer, Building Official and other designated City official. "Dwelling unit" means any structure or part of a structure which is used as a home, residence, or sleeping place by one (1) or more persons maintaining a common household, including but not limited to single-family residences, a room, rooming units, units of multiplexes, condominiums, apartment buildings, and mobile homes. "Fire Code" means the City Fire Code set forth in Chapter 18.02 BMC. "Landlord" means the owner, lessor, or sublessor of the dwelling unit or the property of which it is a part and in addition means any person designated as representa- tive of the landlord having an interest in and/or respon- sible for the management of the rental property. "Landlord Tenant Act" means the Residential Landlord-Tenant Act set forth in Chapter 59.18 RCW, as currently enacted and hereinafter amended. "Owner" means one (1) or more persons, jointly or severally, in whom is vested all or any part of the legal title to rental property or all or part of the beneficial ownership and a right to present use and enjoyment of the property. "Person" means an individual, group of individuals, corporation, government, governmental agency, busi- ness trust, estate, trust, partnership, association, two (2) or more persons having a joint or common interest, or any other legal or commercial entity. "Qualified inspector" means a United States Department of Housing and Urban Development certi- fied inspector, a Washington State licensed home inspector, an American Society of Home Inspectors cer- tified inspector, a private inspector certified by the National Association of Housing and Redevelopment Officials, the American Association of Code Enforce- ment, International Code Council certified inspector, or other comparable professional association as approved by the Director of Community Development, a Wash- ington licensed structural engineer, or a Washington licensed architect. An "owner'' as defined in this section is not eligible to act as a qualified inspector. "RCW" means Revised Code of Washington. "RCW 59.18.060 of the Landlord Tenant Act" means, for the purpose of this chapter, RCW 59.18.060(1) through (10), as currently enacted or hereinafter amended, relating to the landlord’s duties, which provide as follows: (1) maintain the premises to substantially comply with any applicable code, statute, (Revised 2/14)5.06-2 ordinance, or regulation governing their maintenance or operation, which the legislative body enacting the appli- cable code, statute, ordinance or regulation could enforce as to the premises rented if such condition endangers or impairs the health or safety of the tenant; (2) maintain the structural components, including, but not limited to, the roofs, floors, walls, chimneys, fire- places, foundations, and all other structural components, in reasonably good repair so as to be usable; (3) keep any shared or common areas reasonably clean, sanitary, and safe from defects increasing the hazards of fire or accident; (4) provide a reasonable program for the con- trol of infestation by insects, rodents, and other pests at the initiation of the tenancy and, except in the case of a single-family residence, control infestation during ten- ancy except where such infestation is caused by the tenant; (5) except where the condition is attributable to normal wear and tear, make repairs and arrangements necessary to put and keep the premises in as good con- dition as it by law or rental agreement should have been, at the commencement of the tenancy; (6) provide rea- sonably adequate locks and furnish keys to the tenant; (7) maintain all electrical, plumbing, heating, and other facilities and appliances supplied by him or her in rea- sonably good working order; (8) maintain the dwelling unit in reasonably weathertight condition; (9) except in the case of a single-family residence, provide and main- tain appropriate receptacles in common areas for the removal of ashes, rubbish, and garbage incidental to the occupancy and arrange for the reasonable and regular removal of such waste; (10) provide facilities adequate to supply heat and water and hot water as reasonably required by the tenant. "Rental property" or "property" means all residen- tial dwelling units rented or leased on a contiguous par- cel or parcels of land managed by the same landlord as a single rental complex. "Tenant" is any person who is entitled to occupy a dwelling unit primarily for living or dwelling purposes with or without a rental agreement. (Ord. 5221 §1 (part), 2013) 5.06.030 REGISTRATION AND DECLARATION REQUIRED. (a) General Business License Required. No person shall make available for rent, lease, or let to any person a "dwelling unit" as defined in BMC 5.06.020 without securing and maintaining a current annual general busi- ness license as required by Chapter 5.02 BMC entitled "General Business Licenses." (b) Registration and Declaration of Compliance. Any person renting or making available for rent to the public any dwelling unit that requires a general business license pursuant to Chapter 5.02 BMC shall annually with the general business license application or renewal: (1) Register each dwelling unit; (2) Provide the City with the name and con- tact information of a local person or entity as a point of contact for the properties if the owner does not maintain a local residence or a place of business. If the owner maintains a local residence or place of business, provide the name and contact information of a secondary emer- gency point of contact which does not have to be local. For purposes of this subsection, local means within sixty (60) road/driving miles from the subject property or within thirty (30) road/driving miles from the Washing- ton State ferry terminal located in downtown area of the City of Seattle; (3) Provide an email or mailing address or other method of contact as approved by the Bremerton Police Department for participation in the Department’s landlord notification program for notice of police activ- ity on the rental property; and (4) File with and as part of the registration a declaration of compliance as defined in BMC 5.06.020 that each dwelling unit complies with RCW 59.18.060 of the Landlord Tenant Act and does not present condi- tions that endanger or impair the health or safety of the tenants. (c) Conditions of Issuance. Issuance of the general business license shall require: (1) Registration of dwelling units and provid- ing the name of a local contact person or entity as required in subsection (b) of this section; (2) Submission of a declaration of compliance as required in subsection (b) of this section or, as appli- cable, submission of certificate of inspection if required by BMC 5.06.040; (3) Payment of applicable fees; and (4) Compliance with this chapter. (d) Revocation or Denial. Any general business license issued under Chapter 5.02 BMC may be revoked or denied for any violation of this chapter by the licensee or his or her agents or employees pursuant to BMC 5.02.180. (Ord. 5221 §1 (part), 2013) 5.06.040 VIOLATIONS AND INSPECTIONS. To ensure compliance with RCW 59.18.060 of the Landlord Tenant Act related to conditions of rental housing, the following shall apply: (a) Pending Violation - Correction Notice. When- ever the City is provided notice of a violation of the Building Code, the Fire Code, and/or violations of any other applicable City code or State law which endangers or impairs the health or safety of a tenant, the City code enforcement officer shall issue a correction notice to the owner pursuant to Chapter 1.04 BMC. Notice to the City of the violation may be provided as a result of a pending code enforcement proceeding or other similar action on rental property, an on-site visit by a City official, or by 5.06-3 (Revised 2/14) any other means. The owner shall cure the violation in the time period as requested by the code enforcement officer or provide a plan acceptable to the City to bring the property into compliance with RCW 59.18.060 for any existing violation. (b) Notice of Violation - Hearing. In the event the owner does not or cannot cure the violation or obtain an approved plan within the required time period stated in the correction notice, a notice of violation shall be mailed or otherwise served to the owner scheduling a hearing before the Administrative Hearing Examiner pursuant to BMC 1.04.080. (c) Certificate of Inspection - Required. In the event a hearing is held before the Administrative Hear- ing Examiner and an order is issued requiring the owner to cure the violation, the City may request, as part of the order, that the owner obtain a certificate of inspection pursuant to this section. The certificate of inspection must be provided by a qualified inspector for the subject rental property to ensure full compliance with the order and with RCW 59.18.060 of the Landlord Tenant Act and does not present conditions that endanger or impair the health or safety of a tenant. The dwelling unit or units of the rental property to be inspected and the extent of the inspection shall be as required by the Administra- tive Hearing Examiner’s order. (d) Filing of Certificate of Inspection. The certifi- cate of inspection shall be filed with the City by the date and upon the conditions required by the Administrative Hearing Examiner’s order. If a qualified inspector other than a City code enforcement officer performs the inspection and a selected unit or units of the rental prop- erty fails the initial inspection, both the results of the ini- tial inspection and any certificate of inspection must be provided to the City. (e) False Reporting - Misdemeanor. Any person who knowingly submits or assists in the submission of a falsified declaration of compliance or certificate of inspection is guilty of a misdemeanor pursuant to BMC 1.12.020(2). Any inspector convicted of, admitting to or submitting a falsified certificate of inspection will no longer be a qualified inspector as defined under BMC 5.06.020. (f) Notice of Inspection to Tenant. Notice to tenant of an inspection shall be provided as follows: (1) Landlord shall provide written notification of his or her intent to enter an individual unit for the pur- poses of providing the City a certificate of inspection in accordance with RCW 59.18.150(6) of the Landlord Tenant Act. The written notice must indicate the date and approximate time of the inspection and the company or person performing the inspection, and that the tenant has the right to see the inspector’s identification before the inspector enters the individual unit. A copy of this notice must be provided to the inspector upon request on the day of inspection. (2) A tenant who continues to deny access to his or her unit is subject to RCW 59.18.150(8) of the Landlord Tenant Act. (Ord. 5221 §1 (part), 2013) 5.06.050 INSPECTION FINDINGS - REVIEW AND APPEAL. (a) Administrative Review of Findings. If a rental property owner does not agree with the findings of an inspection performed by a qualified inspector, as defined under this chapter, the property owner may request an administrative review by the Director by fil- ing a written request with the Department of Commu- nity Development within fourteen (14) calendar days of the inspection or may file a direct appeal to the Admin- istrative Hearing Examiner pursuant to BMC 5.06.060. The request shall state in writing the reasons the Direc- tor should review the findings. Failure to state the basis for the review in writing shall be cause for dismissal of the review. Upon receipt of the request for administra- tive review, the Director shall review the information provided. In lieu of filing an appeal with the Director, an appeal may also be made directly to the Administrative Hearing Examiner pursuant to subsection (c) of this sec- tion within thirty (30) calendar days of the inspection. (b) Decision of Director. After considering all of the information provided, including information from the code enforcement officer and the City Attorney, or his or her designee, the Director shall affirm or modify the findings of inspection. The Director’s decision shall be delivered in writing to the appellant by first-class mail, email or hand delivery. (c) Administrative Appeal. Appeals of the deci- sion resulting from the Director’s review shall be made to the Administrative Hearing Examiner pursuant to BMC 5.06.060. (Ord. 5221 §1 (part), 2013) 5.06.060 ADMINISTRATIVE APPEALS. (a) Administrative appeals may be filed as fol- lows: (1) General Business License. Revocation or denial of a general business license issued pursuant to Chapter 5.02 BMC may be appealed as provided in BMC 5.02.180. (2) Penalties, Director’s Decision and Find- ings of an Inspection. The assessment of penalties pur- suant to BMC 5.06.070, a decision of the Director pursuant to BMC 5.06.050(b) and the findings of an inspection performed by a qualified inspector pursuant to BMC 5.06.040(c) ("administrative determination") may be appealed using the appellate procedures set forth in this section. (b) Any applicant or licensee may, within fourteen (14) calendar days from the date notice of the adminis- (Revised 2/14)5.06-4 trative determination was mailed to the applicant or licensee, appeal such administrative determination by filing a written notice of appeal setting forth the grounds thereof with the Administrative Hearing Examiner pur- suant to Chapter 2.13 BMC. A filing fee as set forth in Chapter 3.01 BMC, Community Development - Rate Table C, shall be submitted with the appeal. The filing fee is required to process the appeal. The hearing shall be conducted in accordance with the procedures for hearing contested cases set out in Chapter 2.13 BMC. After the hearing thereon the Administrative Hearing Examiner shall, after appropriate findings of fact, and conclusions of law, affirm, modify, or overrule the denial or revocation and order issuance or reinstatement of the license, and may impose any terms thereupon. (c) No administrative determination issued pursu- ant to the provisions of this chapter shall take effect until fourteen (14) calendar days after service of the notice thereof by the Director, and if the appeal is timely filed, the administrative determination shall be stayed pend- ing final action by the Administrative Hearing Exam- iner. (d) The decision of the Administrative Hearing Examiner shall be final. The applicant or licensee 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 deci- sion. If review is sought as herein prescribed the admin- istrative determination shall be stayed pending final action by the Superior Court. (Ord. 5221 §1 (part), 2013) 5.06.070 VIOLATIONS AND ENFORCEMENT. Violations of this chapter constitute a public nui- sance and may be enforced, in addition to the provisions of this chapter, pursuant to the Building Code; the Fire Code; Chapter 9.92 BMC, Chronic Nuisance Properties; BMC Title 6, Health and Sanitation; and/or any other applicable City code or State law. In the event of a vio- lation of the provisions of this chapter, the City may take the following action: (a) Remedies. If the City finds that any person, firm or entity fails to register a rental dwelling unit as required herein, file the required certificate of inspection as applicable and/or violates any other provision of this chapter, the City may take any one (1) or more of the fol- lowing actions to remedy the violation: (1) Impose a civil penalty as set forth in Chap- ter 3.01 BMC, Community Development - Rate Table C; and/or (2) Revoke or deny the general business license issued pursuant to Chapter 5.02 BMC as autho- rized in BMC 5.02.180. (b) Code Enforcement. In addition to the remedies set forth in subsection (a) of this section, any violation of any provision of this chapter constitutes a civil viola- tion under Chapter 1.04 BMC for which a monetary penalty may be assessed and abatement and/or enforce- ment may be required as provided therein. (Ord. 5221 §1 (part), 2013) (Revised 2/14) Title 6 HEALTH AND SANITATION Chapters: 6.02 PUBLIC NUISANCES 6.04 GARBAGE AND REFUSE 6.06 JUNK VEHICLES 6.08 NUISANCE VEGETATION 6.10 ABANDONED PROPERTY REGISTRATION AND MAINTENANCE 6.28 UNIFORM LITTER CONTROL CODE 6.32 NOISE LEVELS 6.10-1 (Revised 2/14) Chapter 6.10 ABANDONED PROPERTY REGISTRATION AND MAINTENANCE Sections: 6.10.010 PURPOSE. 6.10.020 DEFINITIONS. 6.10.030 ADMINISTRATION. 6.10.040 MAINTENANCE AND REGISTRATION REQUIREMENTS. 6.10.050 RESPONSIBLE PERSON - LOCAL PROPERTY MANAGER. 6.10.060 LENDER INSPECTION AND REGISTRATION. 6.10.070 MONTHLY INSPECTIONS. 6.10.080 MAINTENANCE REQUIREMENTS. 6.10.090 SECURING AND POSTING REQUIREMENTS. 6.10.100 VACANT PROPERTIES NOT ABANDONED. 6.10.110 TIME TO REMEDY FOLLOWING INSPECTION. 6.10.120 ADDITIONAL MAINTENANCE AND SECURITY. 6.10.130 ENFORCEMENT. 6.10.140 VIOLATION - PENALTY. 6.10.010 PURPOSE. It is the purpose and intent of the Bremerton City Council to establish an abandoned real property regis- tration program to protect the community from becom- ing blighted as a result of vacant properties that are abandoned and not properly secured and maintained. Abandoned properties are deemed to be a public nui- sance. This chapter requires that abandoned properties be properly maintained by the owners, lenders, and other responsible persons. Through the registration pro- cess, lenders who have an interest in real properties within the City that are vacant and have been abandoned by the owners are required to maintain and secure these properties. (Ord. 5215 §1 (part), 2013) 6.10.020 DEFINITIONS. For the purposes of this chapter, certain words and phrases used in this chapter are defined as follows: "Abandoned" means a property that is vacant and (1) is under a current notice of default and/or notice of trustee’s sale; (2) is the subject of a pending tax asses- sor’s lien sale; (3) has been the subject of a foreclosure sale where the title was retained by the beneficiary of a deed of trust involved in the foreclosure; or (4) has been transferred under a deed in lieu of foreclosure/sale. "Accessible" means a property that is accessible through a compromised/ breached gate, fence, wall, or similar condition or a structure/building that is unse- cured and/or breached in such a way as to allow access to the interior space by unauthorized persons. "Beneficiary" means a lender or holder of a note secured by a deed of trust. "Borrower" means any owner as defined in this sec- tion who becomes obligated on a real estate loan agree- ment, either directly or indirectly, and includes, but is not limited to, mortgagors, vendees under conditional land sales contracts and grantors under trust deeds. "City" means City of Bremerton. "Days" means consecutive calendar days. "Deed of trust" means an instrument by which title to real estate is transferred to a third party trustee as security for a real estate loan and often used in Washing- ton instead of a mortgage. This definition applies to any and all subsequent deeds of trust, i.e., second trust deed or third trust deed. "Deed in lieu of foreclosure/sale" means a recorded document that transfers ownership of property from the borrower to the lender in lieu of foreclosure including, but not limited to, a trustor to the holder of a deed of trust upon consent of the beneficiary of the deed of trust. "Default" means the failure to fulfill a contractual obligation, monetary, or conditional. "Director" means the Director of Community Development or authorized designate thereof. "Evidence of vacancy" means any condition that on its own or combined with other conditions present would lead a reasonable person to believe that the prop- erty is vacant and not occupied by authorized persons. Such conditions include, but are not limited to, over- grown and/or dead vegetation; accumulation of newspa- pers, circulars, flyers and/or mail; past due utility notices and/or disconnected utilities; accumulation of trash, junk, and/or debris; statements by neighbors, passersby, delivery agents, or government employees that the property is vacant; and for residential properties, the absence of window coverings such as curtains, blinds, and/or shutters; the absence of furnishings and/or personal items consistent with residential habita- tion. "Foreclosure" means the foreclosure process by which a property, placed as security for a real estate loan, is sold at auction, deed of trust foreclosure or a judgment is obtained to satisfy the debt if the borrower defaults. "Lender" means any person who makes, extends, or holds a real estate loan agreement and includes, but is not limited to, mortgagees; beneficiaries under deeds of trust; underwriters under deeds of trust; vendors under conditional land sales contracts; trustees and a successor (Revised 2/14)6.10-2 in interest to any mortgagee, beneficiary, vendor or trustee and any other lien holder on the property. The term also includes any mortgagee, beneficiary or trustee that accepts a deed in lieu of foreclosure. "Local" means within Kitsap County. "Notice of default" means a default has occurred under a deed of trust and that the beneficiary intends to proceed with a trustee’s sale. "Out of area" means outside Kitsap County. "Owner" means any natural person, partnership, association, corporation or other entity having legal title in real property including any borrower as defined in this section. "Property" means any unimproved or improved, residential or commercial real property, or portion thereof, situated in the City, and includes the buildings or structures located on the property regardless of con- dition. "Responsible person" means any person, partner- ship, association, corporation, or fiduciary having legal or equitable title to or any interest in any real property, including but not limited to an owner, borrower, and lender as defined in this section. "Securing" or "secure" means such measures as may be directed by the Director that assist in rendering the property inaccessible to unauthorized persons, including, but not limited to, the repairing of fences and walls, chaining/padlocking of gates and the repair, replacement or boarding of doors, windows, and/or other openings. "Trustee" means the person, partnership, firm, cor- poration, or other entity holding a deed of trust on a property. "Trustor" means a borrower under a deed of trust, who deeds property to a trustee as security for the pay- ment of a debt. "Vacant" means a subject property that is not legally occupied. (Ord. 5215 §1 (part), 2013) 6.10.030 ADMINISTRATION. This chapter shall be administered by the Depart- ment of Community Development by its Director, or his or her designee, who shall promulgate procedures to administer the registration, maintenance, security and related provisions as authorized in this chapter. Appro- priate fees for services as well as fines and penalties for violations shall be set by the City Council and are set forth in Chapter 3.01 BMC. (Ord. 5215 §1 (part), 2013) 6.10.040 MAINTENANCE AND REGISTRATION REQUIREMENTS. Abandoned properties shall be properly maintained and secured as required by this chapter by the owners, lenders and other responsible persons as defined in BMC 6.10.020. Lenders who have an interest in real properties within the City that are vacant and have been abandoned are required to register abandoned properties with the City pursuant to BMC 6.10.060. (Ord. 5215 §1 (part), 2013) 6.10.050 RESPONSIBLE PERSON - LOCAL PROPERTY MANAGER. (a) Responsible Person. When any act as required under this chapter involves more than one lender or other responsible person as defined in BMC 6.10.020, both or all are responsible for performing such act and may be charged with a violation of this code for failure to act. However, it is sufficient if it is accomplished by either one. If information is required to be provided, then both must provide such information. (b) Local Property Manager. If the lender or other responsible person is a corporation and/or out of area lender/owner, that responsible person shall retain a local property manager authorized to take the appropriate steps to comply with the requirements of this chapter. (Ord. 5215 §1 (part), 2013) 6.10.060 LENDER INSPECTION AND REGISTRATION. (a) Initial Inspection Upon Default. Any lender who holds a security interest on a property located within the City shall perform an initial inspection of the property upon default by the borrower prior to initiating foreclosure proceedings such as posting a notice of default or initiating other applicable proceedings to begin the foreclosure process. This inspection shall be performed within fourteen (14) days of default. This inspection shall be to determine whether the property is vacant. If the property is found to be vacant or shows evidence of vacancy, it is, by this chapter, deemed aban- doned and the lender shall, within fourteen (14) days from the date of the inspection, register the property with the Director on forms or in the manner provided by the City. (b) Defaults Prior to August 1, 2013. Any lender who holds a security interest on a property located within the City, and which property as of August 1, 2013, (1) is under a current notice of default; (2) is under a current notice of trustee’s sale; (3) is the subject of a pending tax assessor’s lien sale; (4) has been the subject of a foreclosure where the title was retained by the ben- eficiary of the deed of trust involved in the foreclosure; or (5) was transferred under a deed in lieu of foreclo- sure/sale, shall perform an inspection of the property to determine whether the property is vacant. This inspec- tion shall be performed by August 15, 2013. If the prop- erty is found to be vacant or shows evidence of vacancy, it is, by this chapter, deemed abandoned, and the lender shall, within fourteen (14) days from the date of the inspection, register the property with the Director on forms or in the manner provided by the City. 6.10-3 (Revised 2/14) (c) Registration Contents. Each registration shall contain the following: (1) Information for both the beneficiary and trustee: name (corporation or individual); (2) The street/office address (not a post office box) and, if different, the mailing address; (3) A direct contact name (corporation or individual); (4) A direct contact name and phone number for the person handling the foreclosure; and (5) In the case of a corporation or out of area lender, the telephone number and other contact informa- tion of local property manager/management company responsible for the inspections, maintenance and secu- rity of the property. (d) Registration Fee and Other. (1) There shall be no fee for the annual regis- tration. (2) The registration shall be valid for one (1) calendar year following the date on which registration is initially due to the City. Subsequent registrations are required and due each year thereafter on the anniversary of the due date of the initial registration until such time as the property is transferred or becomes legally occu- pied. (3) Lenders required to register properties pursuant to this chapter shall keep such properties regis- tered and all required information updated, and comply with all the security and maintenance requirements of this chapter for the entire time such properties remain vacant. (4) When properties required to be registered become occupied or title is transferred, the prior lender shall notify the Director in writing within fourteen (14) days of the occupancy or transfer. (5) Any lender required to register a property pursuant to this chapter shall report any change of infor- mation contained in the registration within fourteen (14) days of the change. (6) Inspections conducted pursuant to this chapter are intended only for the purposes set forth in this chapter and not for purposes of triggering disclosure obligations to potential real property purchasers. (Ord. 5215 §1 (part), 2013) 6.10.070 MONTHLY INSPECTIONS. (a) The property shall be inspected on a monthly basis to determine whether or not the property is vacant and whether or not the maintenance, security and other requirements of this chapter and any other applicable laws are being met. (b) If a property is occupied, but remains in default, it shall be inspected by the lender, or an agent/designee of the lender, monthly to determine whether the property is vacant until (1) the borrower or other party remedies the default; or (2) the foreclosure is completed and ownership is transferred to a new owner who is not the former beneficiary or another lender; or (3) it is found to be vacant or shows evidence of vacancy at which time it is deemed abandoned, and the lender shall, within fourteen (14) days of that inspection, regis- ter the property with the Director on forms or in the manner provided by the City. (c) The property shall continue to be inspected after a foreclosure sale where the title was transferred to the beneficiary of a deed of trust involved in the foreclo- sure, or the underwriter of the deed of trust, or any other person or entity who held a security interest in the prop- erty, and any property transferred under a deed in lieu of foreclosure/sale. If upon inspection the property is found to be vacant, it is hereby deemed abandoned and must be registered within fourteen (14) days as required in this chapter. (d) These inspections shall be reported to the City as required by the Director. (Ord. 5215 §1 (part), 2013) 6.10.080 MAINTENANCE REQUIREMENTS. (a) Responsible persons shall maintain and keep properties free of conditions including, but not limited to: (1) Weeds, dry brush, dead vegetation, trash, junk, debris, building materials and junk vehicles, (2) Accumulation of newspapers, circulars, flyers, notices (except those required by federal, state, or local law), and discarded personal items including, but not limited to, furniture, clothing, or large and small appliances. (3) Graffiti, tagging, or similar markings by removal or painting over with an exterior grade paint that matches and/or coordinates with the color of the exterior of the structure. (b) Responsible persons shall; (1) Maintain yards in accordance with City requirements and standards; (2) Secure ponds, pools and hot tubs and ensure that they do not become a public nuisance; and (3) Take any other action necessary to prevent giving the appearance that the property is abandoned. (c) Additionally, responsible persons shall main- tain properties pursuant to the requirements of Chapter 17.04 BMC, the City Building Code, Chapter 18.02 BMC, the City Fire Code, Chapter 9.92 BMC, Chronic Nuisance Properties, BMC Title 6, Health and Sanita- tion, and/or any other applicable City code or state law. (Ord. 5215 §1 (part), 2013) (Revised 2/14)6.10-4 6.10.090 SECURING AND POSTING REQUIREMENTS. (a) Securing. All properties subject to registration shall be secured to prevent access by unauthorized per- sons, including, but not limited to, the following: the closure and locking of windows, doors (walk-through, sliding and garage), gates, and any other opening of such size that it may allow a child or any other person to access the interior of the property and or structure(s). Securing also includes boarding as applicable. Material used for boarding shall be painted with an exterior grade paint that matches and/or coordinates with the color of the exterior of the structure. (b) Posting. The property shall be posted with the name and twenty-four (24) hour contact phone number of the local property manager. The posting shall be no less than eighteen (18) inches by twenty-four (24) inches, and shall be of a font that is legible from a dis- tance of forty-five (45) feet, and shall contain, along with the name and a twenty-four (24) hour contact num- ber, the words: "THIS PROPERTY MANAGED BY [insert name]" and "TO REPORT PROBLEMS OR CONCERNS CALL [insert local telephone number]." The posting shall be placed on the interior of a win- dow facing the street to the front of the property so it is visible from the street, or secured to the exterior of the building/structure facing the street to the front of the property so it is visible from the street, or, if no such area exists, on a stake of sufficient size to support the posting in a location that is visible from the street to the front of the property but not readily accessible to vandals. Exte- rior posting must be constructed of, and printed with, weather resistant materials. (Ord. 5215 §1 (part), 2013) 6.10.100 VACANT PROPERTIES NOT ABANDONED. Vacant properties that are not abandoned as defined in BMC 6.10.020 but have been boarded up and/or oth- erwise secured as a result of City code enforcement action, shall comply with the local property manager requirements of BMC 6.10.050(b) and the posting and security requirements of BMC 6.10.090. (Ord. 5215 §1 (part), 2013) 6.10.110 TIME TO REMEDY FOLLOWING INSPECTION. The lender or other responsible person shall have fourteen (14) days to remedy any defects found follow- ing any inspection required by this chapter, except that the lender or other responsible person shall have four- teen (14) days from the date of registration to remedy any defects found during the initial inspection set forth in BMC 6.10.060(a) or (b) to meet the registration, inspection, maintenance, and security obligations of this chapter, unless otherwise extended by the Director at his or her sole discretion. (Ord. 5215 §1 (part), 2013) 6.10.120 ADDITIONAL MAINTENANCE AND SECURITY. In addition to the enforcement remedies established in this chapter and applicable City Code, the Director shall have the authority to require any responsible per- son of any abandoned property affected by this chapter to implement additional maintenance and/or security measures, including, but not limited to, securing any/all doors, windows or other openings, installing additional security lighting, increasing on-site inspection fre- quency, employment of an on-site security guard, dis- connecting utilities, or any other measures as may be reasonably calculated to arrest the decline of the prop- erty, prevent unauthorized entry, and/or ensure mainte- nance of the property in accordance with this code. (Ord. 5215 §1 (part), 2013) 6.10.130 ENFORCEMENT. (a) In the event the Director believes lender or other responsible person has failed to meet the registra- tion, inspection, maintenance, and security obligations of this chapter, the Director shall send notice of said fail- ure to the responsible person at the address listed on the tax rolls of the County or at such other address as may be known to the Director. The notice shall set out the nature of the failure(s) to be corrected and shall give the responsible person within fourteen (14) days from the date of the notice to correct them unless an imminent danger exists in which case the responsible person shall take immediate action to cure the condition creating the imminent danger. In the event the lender or other responsible person fails to remedy the matters within the time set out in the notice (or make, in the view of the Director, adequate arrangements otherwise) the City may seek enforcement pursuant to BMC 6.10.140. (b) Violations of this chapter constitute a public nuisance and may be enforced, in addition to the provi- sions of this chapter, pursuant to Chapter 17.04 BMC, the City Building Code, Chapter 18.02 BMC, the City Fire Code, Chapter 9.92 BMC, Chronic Nuisance Prop- erties, BMC Title 6, Health and Sanitation, and/or any other applicable City code or state law. (Ord. 5215 §1 (part), 2013) 6.10.140 VIOLATION - PENALTY. (a) Penalty. Any person, firm or entity who fails to register and perform the required inspections, mainte- nance and/or security as required herein shall be subject to a penalty as set forth in Chapter 3.01 BMC. 6.10-5 (Revised 2/14) (b) Code Enforcement. In addition, any violation of any provision of this chapter is a civil violation as provided for in Chapter 1.04 BMC, for which a mone- tary penalty may be assessed and abatement may be required as provided therein. (Ord. 5215 §1 (part), 2013) 9.24-1 (Revised 2/14) Chapter 9.24 PROSTITUTION Sections: 9.24.010 DEFINITIONS. 9.24.020 PROSTITUTION PROHIBITED. 9.24.040 PATRONIZING A PROSTITUTE PROHIBITED. 9.24.050 PERMITTING PROSTITUTION PROHIBITED. 9.24.060 SOLICITING OR LOITERING FOR PROSTITUTION PROHIBITED. 9.24.070 DEFENSE. 9.24.080 STAY OUT OF AREAS OF PROSTITUTION ORDERS. 9.24.090 VIOLATION OF CONDITION OF RELEASE OR PROBATION. 9.24.100 VIOLATIONS. 9.24.010 DEFINITIONS. As used in this chapter: (a) "Known prostitute or promoter of prostitution" means a person who, within one (1) year previous to the date of arrest for violation of this chapter, has, within the knowledge of the arresting officer, been convicted in any court of an offense involving prostitution. (b) "Prostitution" means to engage in conduct pro- scribed in BMC 9.24.020. (c) "Public place" is an area generally visible to public view, including, but not limited to, streets, side- walks, bridges, alleys, plazas, parks, driveways, parking lots, automobiles, buildings open to the public including those which serve food and/or drink, doorways and entrances to buildings not open to the general public, but which are open to a certain class or group of the general public through the use of club membership or affilia- tions with a club or organization, including, but not lim- ited to, the United States Armed Forces. (Ord. 5225 §1 (part), 2013: Ord. 3737 §2, 1992; Ord. 3294 §1, 1976) 9.24.020 PROSTITUTION PROHIBITED. (a) It is unlawful for any person to engage in, or agree to engage in, or offer to engage in, sexual conduct with another person in return for any form of compensa- tion. (b) For purposes of this chapter "sexual conduct" means sexual intercourse as defined in RCW 9A.44.010(1) or sexual contact as defined in RCW 9A.44.010(2). (Ord. 5225 §1 (part), 2013: Ord. 4696, Amended, 03/07/2000; Ord. 4470 §1, 1994; Ord. 3737 §1, 1982; Ord. 3294 §1, 1976) 9.24.040 PATRONIZING A PROSTITUTE PROHIBITED. It is unlawful for any person to patronize a prosti- tute. A person is guilty of patronizing a prostitute if: (a) Pursuant to a prior understanding or agreement he or she pays any form of compensation to another per- son in exchange for such person, or for a third person, to engage in sexual conduct with him or her; or (b) He or she pays or agrees to pay any form of compensation to another person pursuant to an under- standing or agreement that, in return therefor, such per- son will engage in sexual conduct with him or her; or (c) He or she solicits or requests another person to engage in sexual conduct with him or her for any form of compensation. (Ord. 5225 §1 (part), 2013: Ord. 4696, Amended, 03/07/2000; Ord. 3294 §3, 1976) 9.24.050 PERMITTING PROSTITUTION PROHIBITED. It is unlawful for any person to permit prostitution in or on premises which are in his or her possession and/or control. A person is guilty of permitting prostitu- tion if, having possession or control of premises which he or she knows, or should know, are being used for prostitution purposes, he or she fails to make a reason- able effort to halt or abate such use. (Ord. 5225 §1 (part), 2013: Ord. 3294 §4, 1976) 9.24.060 SOLICITING OR LOITERING FOR PROSTITUTION PROHIBITED. (a) Solicitation. It is unlawful for any person to intentionally solicit, induce, entice or procure another to commit an act of prostitution. (b) Loitering. It shall be unlawful for any person to loiter in or near any public place in any manner and under circumstances manifesting the purpose of com- mitting, or inducing, enticing, soliciting or procuring another to permit an act of prostitution. (c) Among the circumstances which may be con- sidered in determining whether solicitation or loitering is intended are if the actor: (1) Repeatedly beckons to, stops, or attempts to stop, or engages passers-by in conversation; (2) Repeatedly stops or attempts to stop motor vehicles; (3) Is a known prostitute or promoter of pros- titution; and/or (4) Attempts to detect or identify a police offi- cer, peace officer, or other law enforcement officer, during an investigation into prohibited conduct in this chapter, by any of the following means: (i) Exposing or offering to expose one’s breast or breasts, buttocks, sexual organs or private body parts; (Revised 2/14)9.24-2 (ii) Requesting, asking or encouraging another to touch or fondle one’s breast or breasts, but- tocks, sexual organs or private body parts; (iii) Touching or requesting to touch the breast, breasts, buttocks, sexual organs or private body parts of another; (iv) Requesting, asking or encouraging another to expose or show the other’s breasts, buttocks, sexual organs or private body parts; (v) Inquiring whether a potential patron, procurer or prostitute is a police officer; or (vi) Searching for articles that would identify a police officer. (Ord. 5225 §1 (part), 2013: Ord. 3294 §5, 1976) 9.24.070 DEFENSE. It shall not be a defense to any violation of this chapter that the parties or prospective parties to an act of prostitution or contemplated act of prostitution are of the same sex. Further, it shall not be a defense to any viola- tion of this chapter that the person who received, agreed to receive or solicited a fee was male, and the person who paid or agreed to pay such fee was female. (Ord. 5225 §1 (part), 2013: Ord. 3294 §6, 1976) 9.24.080 STAY OUT OF AREAS OF PROSTITUTION ORDERS. (a) Stay Out of Areas of Prostitution orders, here- inafter designated as SOAP orders, may be issued by the Bremerton Municipal Court to anyone charged with any offense defined in this chapter as a condition of pre-trial release. (1) Any individual arrested or charged with any offense defined in this chapter shall appear for a hearing before the Bremerton Municipal Court to show cause why a SOAP order should not be issued as a con- dition of pre-trial release. (2) At the time the individual is arrested or charged with any offense under this chapter, the individ- ual shall be issued a RELEASE FROM CUSTODY AFTER ARREST form, to be signed by the individual, acknowledging the following: (i) The date and time of hearing; (ii) The designated areas of the City the individual will be ordered to stay out of by the SOAP order; (iii) The penalties for violating a SOAP order; (iv) That if the individual fails to appear at the hearing or fails to show good cause why the order shouldn’t be entered, the SOAP order will be entered. (3) Any individual charged with an offense under this chapter shall have the right to a single one (1) week continuance of said hearing for good-cause shown. (4) If the individual fails to show cause why the SOAP order should not be entered, the SOAP order shall be entered pending trial. (5) If the individual fails to appear at said hearing, the SOAP order shall be entered pending trial. (b) SOAP orders may be issued by the Bremerton Municipal Court to anyone convicted of any offense defined in this chapter. (c) SOAP orders may order the person named in the order to stay out of the following described areas of the City designated to be anti-prostitution emphasis areas in order to assure elimination of all prostitution and prostitution-related activity within these areas: (1) The entire area extending from the 100 block to the 900 block of North Callow Avenue, and one (1) block east and west of this area of North Callow Avenue; and (2) The entire area extending from the 100 block to the 2500 block of 6th Street, and one (1) block north and south of this area of 6th Street; and (3) The entire area extending from the 600 block to the 1100 block of Park Avenue, and one (1) block east and west of this area of Park Avenue includ- ing Evergreen Park; and (4) The entire area extending from the 300 block to the 1100 block of Warren Avenue, and one (1) block east and west of this area of Warren Avenue. (5) Any other area found by the Judge of the Municipal Court to warrant designation as an anti-pros- titution emphasis area when specifically set forth and identified in a court order naming a particular defendant. (Ord. 5225 §1 (part), 2013: Ord. 4696, Amended, 03/07/2000; Ord. 4604, Added, 11/27/1997. Formerly 9.24.072) 9.24.090 VIOLATION OF CONDITION OF RELEASE OR PROBATION. The presence of any person within an anti-prostitu- tion emphasis area in violation of court-imposed condi- tions of release or conditions of suspension, diversion or deferral of any sentence shall constitute a separate crime hereby designated a gross misdemeanor and any such person may be apprehended and arrested without the necessity for any warrant or additional court order. Upon conviction, any person so violating the conditions of release or conditions of suspension or deferral shall be punished by imprisonment in jail for a maximum term fixed by the court of not more than one (1) year, or by a fine in an amount fixed by the court of not more than five thousand dollars ($5,000.00), or by both such imprisonment and fine. (Ord. 5225 §1 (part), 2013: Ord. 4604, Added, 11/27/1997. Formerly 9.24.074) 9.24-3 (Revised 2/14) 9.24.100 VIOLATIONS. Any person violating any of the provisions of this chapter shall be guilty of a misdemeanor as defined in BMC 1.12.020(2). (Ord. 5225 §1 (part), 2013: Ord. 4470 §3, 1994; Ord. 3294 §8, 1976. Formerly 9.24.080) 9A.32-1 (Revised 2/14) Chapter 9A.32 ASSAULT Sections: 9A.32.010 ASSAULT. 9A.32.020 RECKLESS ENDANGERMENT. 9A.32.030 COERCION. 9A.32.050 HARASSMENT. 9A.32.060 TELEPHONE CALLS TO HARASS, INTIMIDATE, TORMENT OR EMBARRASS. 9A.32.070 DOMESTIC VIOLENCE - STATE STATUTES ADOPTED BY REFERENCE. 9A.32.080 ORDER FOR PROTECTION AND RESTRAINING ORDER - STATE STATUTES ADOPTED BY REFERENCE. 9A.32.090 CUSTODIAL INTERFERENCE. 9A.32.100 INTERFERING WITH THE REPORTING OF DOMESTIC VIOLENCE. 9A.32.110 STALKING. 9A.32.120 CRIMINAL MISTREATMENT. 9A.32.130 SEXUAL MOTIVATION. 9A.32.140 CYBERSTALKING. 9A.32.010 ASSAULT. RCW 9A.36.041 is adopted by reference as cur- rently enacted and as hereinafter amended from time to time, and shall be given the same force and effect as if set forth herein in full. (Ord. 5208 §1 (part), 2013: Ord. 4850 §2 (in part), 2003) 9A.32.020 RECKLESS ENDANGERMENT. RCW 9A.36.050 is adopted by reference as cur- rently enacted and as hereinafter amended from time to time, and shall be given the same force and effect as if set forth herein in full. (Ord. 5208 §1 (part), 2013: Ord. 4850 §2 (in part), 2003) 9A.32.030 COERCION. RCW 9A.36.070 is adopted by reference as cur- rently enacted and as hereinafter amended from time to time, and shall be given the same force and effect as if set forth herein in full. (Ord. 5208 §1 (part), 2013: Ord. 4850 §2 (in part), 2003) 9A.32.050 HARASSMENT. RCW 9A.46.020 is adopted by reference as cur- rently enacted and as hereinafter amended from time to time, and shall be given the same force and effect as if set forth herein in full. (Ord. 5208 §1 (part), 2013: Ord. 4850 §2 (in part), 2003) 9A.32.060 TELEPHONE CALLS TO HARASS, INTIMIDATE, TORMENT OR EMBARRASS. The following sections of Chapter 9.61 RCW, with the exception of those provisions contained therein for which a violation constitutes a felony crime, are hereby adopted by reference as currently enacted and as herein- after amended from time to time, and shall be given the same force and effect as if set forth herein in full: RCW 9.61.230 Defined. RCW 9.61.240 Permitting telephone to be used. RCW 9.61.250 Offense where deemed committed. (Ord. 5208 §1 (part), 2013: Ord. 4850 §2 (in part), 2003) 9A.32.070 DOMESTIC VIOLENCE - STATE STATUTES ADOPTED BY REFERENCE. Chapter 10.99 RCW, with the exception of those provisions contained therein for which a violation con- stitutes a felony crime, is adopted by reference as cur- rently enacted and as hereinafter amended from time to time, and shall be given the same force and effect as if set forth herein in full. (Ord. 5208 §1 (part), 2013: Ord. 4850 §2 (in part), 2003) 9A.32.080 ORDER FOR PROTECTION AND RESTRAINING ORDER - STATE STATUTES ADOPTED BY REFERENCE. RCW 26.09.300 and Chapters 10.14 and 26.50 RCW, with the exception of those provisions contained therein for which a violation constitutes a felony crime, are hereby adopted by reference as currently enacted and as hereinafter amended from time to time, and shall be given the same force and effect as if set forth herein in full. (Ord. 5208 §1 (part), 2013: Ord. 4850 §2 (in part), 2003) 9A.32.090 CUSTODIAL INTERFERENCE. The following statutes of the State, with the excep- tion of those provisions contained therein for which a violation constitutes a felony crime, are adopted by ref- erence as currently enacted and as hereinafter amended from time to time, and shall be given the same force and effect as if set forth herein in full: RCW 9A.40.070 Custodial interference in the second degree. RCW 9A.40.080 Custodian interference - Assessment of costs - Defense - Consent defense, restricted. (Ord. 5208 §1 (part), 2013: Ord. 4850 §2 (in part), 2003) (Revised 2/14)9A.32-2 9A.32.100 INTERFERING WITH THE REPORTING OF DOMESTIC VIOLENCE. RCW 9A.46.150 is adopted by reference as cur- rently enacted and as hereinafter amended from time to time, and shall be given the same force and effect as if set forth herein in full. (Ord. 5208 §1 (part), 2013: Ord. 4850 §2 (in part), 2003) 9A.32.110 STALKING. RCW 9A.46.110, with the exception of those provi- sions contained therein for which a violation constitutes a felony crime, is adopted by reference as currently enacted and as hereinafter amended from time to time, and shall be given the same force and effect as if set forth herein in full. (Ord. 5208 §1 (part), 2013: Ord. 4850 §2 (in part), 2003) 9A.32.120 CRIMINAL MISTREATMENT. The following sections of Chapter 9A.42 RCW, with the exception of those provisions contained therein from which a violation constitutes a felony crime, are hereby adopted by reference as currently enacted and as hereinafter amended from time to time, and shall be given the same force and effect as if set forth herein in full: RCW 9A.42.005 Findings and intent - Christian Science treatment - Rules of evidence. RCW 9A.42.010 Definitions. RCW 9A.42.035 Criminal mistreatment in the third degree. RCW 9A.42.037 Criminal mistreatment in the fourth degree. RCW 9A.42.040 Withdrawal of life support systems. RCW 9A.42.045 Palliative care. RCW 9A.42.050 Defense of financial inability. RCW 9A.42.080 Abandonment of a dependent person in the third degree - Exception. RCW 9A.42.090 Abandonment of a dependent person - Defense. RCW 9A.42.110 Leaving a child in the care of a sex offender. (Ord. 5208 §1 (part), 2013: Ord. 4850 §2 (in part), 2003) 9A.32.130 SEXUAL MOTIVATION. RCW 9.94A.835, entitled "Special allegation - Sex- ual motivation - Procedures," is adopted by reference as currently enacted and as hereafter amended from time to time, and shall be given the same force and effect as if set forth herein in full. (Ord. 5208 §1 (part), 2013: Ord. 5146 §1, 2011) 9A.32.140 CYBERSTALKING. RCW 9.61.260, with the exception of those provi- sions contained therein for which a violation constitutes a felony crime, is adopted by reference as currently enacted and as hereinafter amended from time to time, and shall be given the same force and effect as if set forth herein in full. (Ord. 5208 §1 (part), 2013) 9A.44-1 (Revised 2/14) Chapter 9A.44 PUBLIC DISTURBANCES Sections: 9A.44.010 DEFINITIONS. 9A.44.020 DISORDERLY CONDUCT. 9A.44.030 FAILURE TO DISPERSE. 9A.44.040 EXPECTORATING. 9A.44.050 MISCHIEF ON BRIDGES. 9A.44.060 UNLAWFUL TRANSIT CONDUCT. 9A.44.065 URINATING IN PUBLIC. 9A.44.070 INDECENT EXPOSURE. 9A.44.080 INTRODUCING CONTRABAND IN THE THIRD DEGREE. 9A.44.090 RIOT. 9A.44.100 PEDESTRIAN INTERFERENCE. 9A.44.110 LASERS. 9A.44.010 DEFINITIONS. The following definitions are applicable in BMC 9A.44.020 through 9A.44.080, unless the context other- wise requires: (a) "Peace" as used in the phrase "public peace" means the tranquility enjoyed by members of a commu- nity where good order presides. (b) "Public place" means an area generally visible to public view and includes streets, sidewalks, bridges, alleys, plazas, parks, driveways, parking lots and build- ings open to the general public, including those that serve food or drink or provide entertainment, and the doorways and entrances to buildings or dwellings and the grounds enclosing them. (c) "Unreasonably disrupts" means to substan- tially impair the conduct of a meeting by intentionally committing acts in violation of implicit customs or usages or of explicit rules for governance of the meeting he or she knew, or as a reasonable man or woman should have known. (Ord. 5208 §2 (part), 2013: Ord. 5145 §1 (in part), 2011: Ord. 4850 §2 (in part), 2003) 9A.44.020 DISORDERLY CONDUCT. RCW 9A.84.030 is adopted by reference as cur- rently enacted and as hereafter amended from time to time, and shall be given the same force and effect as if set forth herein in full. (Ord. 5208 §2 (part), 2013: Ord. 5145 §1 (in part), 2011: Ord. 4850 §2 (in part), 2003) 9A.44.030 FAILURE TO DISPERSE. RCW 9A.84.020 is adopted by reference as cur- rently enacted and as hereafter amended from time to time, and shall be given the same force and effect as if set forth herein in full. (Ord. 5208 §2 (part), 2013: Ord. 5145 §1 (in part), 2011: Ord. 4850 §2 (in part), 2003) 9A.44.040 EXPECTORATING. It is unlawful for a person to expectorate upon the floor, walls or furniture of any public conveyance, pub- lic building or any store open to and used by the public. (Ord. 5208 §2 (part), 2013: Ord. 5145 §1 (in part), 2011: Ord. 4850 §2 (in part), 2003) 9A.44.050 MISCHIEF ON BRIDGES. It is unlawful for any person to intentionally: (a) Throw, drop or otherwise cause any object or missile to be thrown, dropped or released from any por- tion of any bridge, including the bridges crossing the Port Washington Narrows, commonly known as the Bremerton-Manette and Warren Avenue Bridges; or (b) Jump, leap or go upon with the intent of jump- ing or leaping from any portion of any bridge, including the Port Washington Narrows, commonly known as the Bremerton-Manette and Warren Avenue Bridges. (Ord. 5208 §2 (part), 2013: Ord. 5145 §1 (in part), 2011: Ord. 4850 §2 (in part), 2003) 9A.44.060 UNLAWFUL TRANSIT CONDUCT. RCW 9.91.025 is adopted by reference as currently enacted and as hereinafter amended from time to time, and shall be given the same force and effect as if set forth herein in full. (Ord. 5208 §2 (part), 2013: Ord. 5145 §1 (in part), 2011: Ord. 4850 §2 (in part), 2003) 9A.44.065 URINATING IN PUBLIC. (a) A person is guilty of the crime of urinating in public if he or she intentionally urinates or defecates in a public place, other than a washroom or toilet room, or at a place and under circumstances where such act could be observed by any member of the public. (b) Any violation of the provisions of this section shall be an infraction, and any person found in violation shall be subject to a penalty not to exceed two hundred fifty dollars ($250.00). (Ord. 5208 §2 (part), 2013: Ord. 5145 §1 (in part), 2011) 9A.44.070 INDECENT EXPOSURE. RCW 9A.88.010, with the exception of those provisions contained therein for which a violation con- stitutes a felony crime, is adopted by reference as cur- rently enacted and as hereinafter amended from time to time, and shall be given the same force and effect as if set forth herein in full. (Ord. 5208 §2 (part), 2013: Ord. 5145 §1 (in part), 2011: Ord. 4850 §2 (in part), 2003) (Revised 2/14)9A.44-2 9A.44.080 INTRODUCING CONTRABAND IN THE THIRD DEGREE. RCW 9A.76.160 is adopted by reference as cur- rently enacted and as hereafter amended from time to time, and shall be given the same force and effect as if set forth herein in full. (Ord. 5208 §2 (part), 2013: Ord. 5145 §1 (in part), 2011: Ord. 4850 §2 (in part), 2003) 9A.44.090 RIOT. RCW 9A.84.010 is adopted by reference as cur- rently enacted and as hereafter amended from time to time, and shall be given the same force and effect as if set forth herein in full. (Ord. 5208 §2 (part), 2013: Ord. 5145 §1 (in part), 2011: Ord. 4850 §2 (in part), 2003) 9A.44.100 PEDESTRIAN INTERFERENCE. (a) The following definitions apply in this section: (1) "Aggressively beg" means to beg with the intent to intimidate another person into giving money or goods. (2) "Intimidate" means to engage in conduct which would make a reasonable person fearful or feel compelled. (3) "Beg" means to ask for money or goods as a charity, whether by words, bodily gestures, signs, or other means. (4) "Obstruct pedestrian or vehicular traffic" means to walk, stand, sit, lie, or place an object in such a manner as to block passage by another person or a vehicle, or to require another person or a driver of a vehicle to take evasive action to avoid physical contact. Acts authorized as an exercise of one’s constitutional right to picket or to legally protest, and acts authorized by a permit issued pursuant to the Bremerton Municipal Code, shall not constitute obstruction of pedestrian or vehicular traffic. (5) "Public place" means an area generally visible to public view and includes alleys, bridges, buildings, driveways, parking lots, parks, plazas, side- walks and streets open to the general public, including those that serve food or drink or provide entertainment, and the doorways and entrances to buildings or dwell- ings and grounds enclosing them. (b) A person is guilty of pedestrian interference if, in a public place, he or she intentionally: (1) Obstructs pedestrian or vehicular traffic; or (2) Aggressively begs. (c) Pedestrian interference is a misdemeanor. (Ord. 5208 §2 (part), 2013: Ord. 5145 §1 (in part), 2011: Ord. 4930 §1, 2005) 9A.44.110 LASERS. Chapter 9A.49 RCW, with the exception of those provisions contained therein for which a violation con- stitutes a felony crime, is adopted by reference as cur- rently enacted and as hereinafter amended from time to time, and shall be given the same force and effect as if set forth herein in full. (Ord. 5208 §2 (part), 2013: Ord. 5165 §1, 2011) (Revised 2/14) Title 10 TRAFFIC Chapters: 10.04 STATE STATUTES 10.08 IMPOUNDMENT OF VEHICLES 10.10 PARKING CODE 10.12 SKATEBOARDS 10.13 MOTORIZED WHEELED TRANSPORTATION DEVICES 10.14 BICYCLE SAFETY AND HELMETS 10.16 TURNING MOVEMENTS 10.20 COMMUTE TRIP REDUCTION PLAN 10.24 OVERSIZE LOADS 10.36 COMPRESSION BRAKES 10.42 AUTOMATED TRAFFIC SAFETY CAMERAS 10.08-1 (Revised 2/14) Chapter 10.08 IMPOUNDMENT OF VEHICLES Sections: 10.08.010 PURPOSE. 10.08.020 IMPOUNDMENT BY POLICE OFFICER AUTHORIZED. 10.08.030 IMPOUNDMENTS FOR DRIVING WHILE LICENSE SUSPENDED. 10.08.040 DWLS IMPOUNDMENT PERIODS. 10.08.050 STORAGE AND REDEMPTION OF IMPOUNDED VEHICLES. 10.08.060 HEARING. 10.08.010 PURPOSE. This chapter identifies the authority for the impoundment of vehicles. Furthermore, this chapter supplements Chapter 46.55 RCW of the Model Traffic Ordinance entitled "Towing and Impoundment" ("MTO"), adopted by the City of Bremerton in BMC 10.04.010, by adding provisions relating to impounds of vehicles for violations of driving while license is sus- pended or revoked ("DWLS") and redemption of impounded vehicles. In the event that a conflict exists between the provisions of this chapter and Chapter 46.55 RCW, this chapter shall prevail. (Ord. 5216 §1 (part), 2013) 10.08.020 IMPOUNDMENT BY POLICE OFFICER AUTHORIZED. A police officer may impound a vehicle for: (a) Incidents and circumstances as set forth in RCW 46.55.113; (b) Parking violations set forth in RCW 46.61.570; (c) Parking violations set forth in the City’s Park- ing Code, Chapter 10.10 BMC; and (d) Any other violation for which a vehicle impound is authorized by law. (Ord. 5216 §1 (part), 2013) 10.08.030 IMPOUNDMENTS FOR DRIVING WHILE LICENSE SUSPENDED. (a) DWLS Impoundment. Whenever the driver of a vehicle is arrested for a violation of driving while license is suspended or revoked pursuant to RCW 46.20.342, or operation of motor vehicle under other license or permit while license is suspended or revoked pursuant to RCW 46.20.345, the vehicle is subject to summary impoundment at the discretion and direction of a law enforcement officer as authorized pursuant to RCW 46.55.113. (b) Owner of Vehicle Responsible. It shall be the responsibility of the owner or other person lawfully charged with possession of a vehicle to ensure that any person driving such vehicle has a valid license. It shall not be a defense to impoundment or to the payment of any of the costs of impound that the owner or other per- son lawfully charged with the vehicle was not aware that the driver’s license was suspended, revoked, or other- wise invalid. (Ord. 5216 §1 (part), 2013) 10.08.040 DWLS IMPOUNDMENT PERIODS. (a) DWLS in Third Degree and Operation under Other License. If a vehicle is impounded because the driver is arrested for a violation of RCW 46.20.342(1)(c) (driving while license suspended or revoked in the third degree) or RCW 46.20.345 (opera- tion under other license or permit while license sus- pended or revoked), the vehicle shall be immediately redeemable, pursuant to BMC 10.08.050(b). (b) DWLS in First or Second Degree. If a vehicle is impounded because the driver is arrested for a viola- tion of RCW 46.20.342(1)(a) (driving while license sus- pended or revoked in the first degree) or RCW 46.20.342(1)(b) (driving while license suspended or revoked in the second degree), the vehicle shall be impounded for fourteen (14) days. (c) Exception to Impound Period. Notwithstand- ing the fourteen (14) day impoundment period set forth in subsection (b) of this section, an impounded vehicle may be redeemed upon payment of the costs of removal, towing, storage and applicable fees, including the administrative fee set forth in BMC 10.08.050(b)(3), under the following circumstances: (1) Due to economic or personal hardship to the spouse or when the owner of the vehicle was not the driver pursuant to RCW 46.55.120(1)(a), as now enacted or hereafter amended; (2) A rental car business that owns an impounded vehicle or a motor vehicle dealer or lender with a perfected security interest in an impounded vehi- cle may immediately redeem the vehicle pursuant to RCW 46.55.120(1)(c) and (d), as now enacted or here- after amended; or (3) An impounded vehicle may also be imme- diately redeemed as otherwise required by law. Early redemption of a vehicle impounded pursuant to the provisions of this subsection may be authorized by the Chief of Police or designee. (Ord. 5216 §1 (part), 2013) 10.08.050 STORAGE AND REDEMPTION OF IMPOUNDED VEHICLES. (a) Inventory of Vehicle and Property. A vehicle impounded pursuant to BMC 10.08.020 may be inven- toried incident to impoundment pursuant to the laws of (Revised 2/14)10.08-2 the State of Washington and the United States. With the exception of personal property seized by a police offi- cer, personal property contained within an impounded vehicle shall continue to be the responsibility of its owner, or the person driving the vehicle, and shall be dealt with pursuant to the requirements of RCW 46.55.090 and other applicable statutes as now enacted or hereafter amended. (b) Redemption of Vehicle. The redemption of impounded vehicles shall be as set forth in RCW 46.55.120, except as otherwise provided for in this chapter. An impounded vehicle may be redeemed as fol- lows: (1) Redemption. At the conclusion of the applicable period of impoundment, if any, the registered owner, a person authorized by the registered owner, or one (1) who has purchased the vehicle from the regis- tered owner, who produces proof of ownership or autho- rization and signs a receipt therefor, may redeem an impounded vehicle. A towing contractor may use any reasonable means necessary to confirm that the person redeeming the vehicle is authorized to redeem the vehi- cle, and neither the City nor the tow company shall be responsible for any loss resulting from a delay during the time in which the towing contractor is confirming authorization. (2) Payment of Impound Costs. Prior to redeeming the impounded vehicle, any person redeem- ing a vehicle impounded pursuant to this section shall pay the towing contractor for the costs of impoundment, including removal, towing, and storage fees accrued as a result of the impoundment. The towing contractor shall accept payment as provided in RCW 46.55.120 and other applicable statutes as currently enacted or hereafter amended. (3) Administrative Fee and Costs - DWLS Impounds. Any person redeeming a vehicle impounded pursuant to the provisions of BMC 10.08.030(a) (DWLS Impoundment) shall pay an administrative fee of one hundred dollars ($100.00) to the City prior to the redemption of the vehicle. (Ord. 5216 §1 (part), 2013) 10.08.060 HEARING. Any person seeking to redeem an impounded vehi- cle under this chapter has a right to a hearing in the Bremerton Municipal Court to contest the validity of the impound or the amount of towing or storage charges pursuant to RCW 46.55.120(2), as now enacted or here- after amended. Any request for a hearing shall be made within ten (10) calendar days from the date of receipt of the notice of right of redemption and opportunity for a hearing pursuant to RCW 46.55.120(2)(b). A vehicle impounded pursuant to this chapter shall remain impounded for the required impound period regardless of the filing of a request for a hearing, unless otherwise released by the Chief of Police or the Bremerton Munic- ipal Court. (Ord. 5216 §1 (part), 2013) 10.10-1 (Revised 2/14) Chapter 10.10 PARKING CODE Sections: 10.10.010 DEFINITIONS. 10.10.020 PARKING ADMINISTRATION. 10.10.030 NONRESIDENTIAL RESTRICTED PARKING ZONES. 10.10.040 RESIDENTIAL RESTRICTED PARKING ZONES. 10.10.050 PARKING PERMITS. 10.10.060 PARKING FOR DISABLED PERSONS. 10.10.070 PARKING VIOLATIONS. 10.10.080 ENFORCEMENT PROCEDURES. 10.10.090 FINES AND PENALTIES. 10.10.100 FAILURE TO RESPOND - ADDITIONAL PENALTY. 10.10.110 VEHICLE IMPOUND - OTHER ENFORCEMENT. 10.10.120 COSTS OF IMPOUND. 10.10.130 ENFORCEMENT - EXEMPT PERIODS. 10.10.140 APPEAL. 10.10.010 DEFINITIONS. For the purpose of this chapter, the words and phrases set forth in this section are defined as follows: "Boat or vessel" means every description of water- craft used or capable of being used as a means of trans- portation on the water including marine vehicle (trailered or nontrailered). "Block" means the area comprised of properties along each side of a street between two (2) intersections or an intersection and a road end. "BMC" means Bremerton Municipal Code. "City parking facility" means City owned or con- trolled parking facility, including parking garages and parking lots, whether paid or unpaid parking. "Department" means the Department of Financial Services, unless another department is referenced. "Director" means Director of Financial Services or other department director authorized by the Mayor to enforce this chapter, or their designee, including, but not limited to, parking enforcement officer, unless another director is referenced. "Downtown core" means that area in downtown Bremerton from and including Warren Avenue east to the waterfront and from and including 6th Street south to the waterfront and the Puget Sound Naval Shipyard. "Motor vehicle" means any self-propelled vehicle such as a car, truck, van, motorcycle, or any other simi- lar self-propelled vehicle. "Paid parking zone" means the street, or part thereof, within the City where parking spaces are restricted to paid parking. "Parking generator" means anything that signifi- cantly increases commuter parking demand. Examples include, but are not limited to: ferry terminals, schools, hospitals, business districts, and military installations. "Parking permit" means a permit issued by the City that exempts the permit holder, when displayed prop- erly, from the parking restrictions in effect in the permit holder’s restricted parking zone. "Passenger load only zone" means a parking space reserved for passenger loading only. These spaces will be marked with the time restriction applicable to them. "Peak parking hours" means those hours in a day where a particular vicinity experiences the greatest demand for parking. "Permit only zone" means a prescribed area where on-street parking is reserved for the exclusive use of the permit holders in the prescribed vicinity and their visi- tors holding a permit. "RCW" means Revised Code of Washington. "Recreational vehicle" means a travel trailer, motor home, truck camper, or camping trailer that is primarily designed and used as temporary living quarters, is either self-propelled or mounted on or drawn by another vehi- cle, is transient and is not immobilized or permanently affixed to a mobile home lot and further includes a dune buggy or off-road vehicle (trailered or nontrailered). "Resident," as used in this chapter, refers to an indi- vidual living in a dwelling unit or a business owner operating a business on property owned or leased by the business owner. "Resident vehicle" means a motor vehicle parked in a prescribed residential area by a resident of the area. "Residential area" means a contiguous area con- taining public rights-of-way or parts thereof primarily abutted by residential property or residential use. "Restricted parking zone" means an area of the City subject to parking restrictions including time limits or other restrictions contained in this chapter including paid parking zones, passenger load only zones and other restricted parking areas or spaces both in residential and nonresidential areas. "Residential restricted parking zone" means a restricted parking zone in a residential area. "Street" means any right-of-way, highway, avenue, lane, road, drive, place, boulevard, alley, way, sidewalk, planting or parking strip, shoulder and every way or place in the City of Bremerton open as a matter of right to public vehicular travel or parking or other similar public use. (Revised 2/14)10.10-2 "Trailer" means every vehicle without motive power designed to be drawn by another vehicle and attached to the towing vehicle by means of a hitch or other connector, and ordinarily used for transporting items upon public rights-of-way. "Vehicle" means motor vehicle, car, truck, vehicle, van, tractor, bus, trailer (including boat trailer with or without a boat situated thereon), recreational vehicle, tractor or semi-trailer, motorcycle or boat or vessel (trailered or nontrailered), whether licensed or unli- censed, or motorized or nonmotorized, unless otherwise defined. "Visitor vehicle" means a motor vehicle parked by a person who is visiting a resident within a residential restricted parking zone. (Ord. 5206 §2 (part), 2013) 10.10.020 PARKING ADMINISTRATION. Collection of parking fees, maintenance of parking meters or other collection devices, and the issuance of parking permits shall be administered by the Depart- ment of Financial Services, which shall promulgate pro- cedures to administer permits as authorized in this chapter, including processes for establishing proof of residency; vehicle ownership, use or control; and for the revocation of permits for misuse. Appropriate parking fee schedules, permit fees and related services as well as fines and penalties for violations shall be set by the City Council and are set forth in Chapter 3.01 BMC. Fees may be collected by the use of parking meters, pay boxes or other devices and through the issuance of park- ing permits authorized by this chapter. The Director shall, in a manner consistent with this chapter, establish, locate and post parking restrictions within the City rights-of-way where required to regulate parking. (Ord. 5206 §2 (part), 2013) 10.10.030 NONRESIDENTIAL RESTRICTED PARKING ZONES. The creation, deletion or boundary changes of restricted parking zones as defined in BMC 10.10.010 in nonresidential areas may be initiated either: (1) By the decision of the Director following a finding by the Director of Public Works and Utilities, or designee, that the change is in the best interest of the community and will improve the health, safety or wel- fare of the community; or (2) By motion, resolution or ordinance of the City Council as deemed appropriate. (Ord. 5206 §2 (part), 2013) 10.10.040 RESIDENTIAL RESTRICTED PARKING ZONES. (a) Creation. The creation, deletion or boundary changes or time change of residential restricted parking zones as defined in BMC 10.10.010 may be initiated either: (1) By a verified petition of property owners as provided for in subsection (b) of this section for either a one (1), two (2), three (3), or four (4) hour parking restriction time period; or (2) By the decision of the Director following a finding by the Director of Public Works and Utilities, or designee, that the change is in the best interest of the community and will improve the health, safety or wel- fare of the community; or (3) By motion, resolution or ordinance of the City Council as deemed appropriate. The City Council may, at any time, create a residen- tial restricted parking zone or it may delete or change the boundary of a residential restricted parking zone created pursuant to subsections (a)(1) and (2) of this section. (b) Petitions. Property owners in a residential area as defined in BMC 10.10.010 may seek to create, delete or change the boundary of a residential restricted park- ing zone or to change a parking restriction time period to a new parking restriction time period that is autho- rized in subsection (a)(1) of this section by submitting a verified petition of at least two-thirds (2/3) of the prop- erty owners of each parcel of property located within the block indicating support for the change. Upon submittal of a verified petition, the Director of Public Works and Utilities must make a finding that: (1) There is an identifiable parking generator; (2) It appears that seventy-five percent (75%) or more of the parking spaces located on the petitioning block are being used at peak parking hours; (3) The conditions described in subsections (b)(1) and (2) of this subsection exist on at least three (3) contiguous blocks; (4) Whether the proposed parking restriction time period is appropriate; and (5) The parking restriction time period being changed has been in effect for at least one year. (c) Appeal. Appeals relating to the creation, dele- tion, boundary change or change of a parking restriction time period to a new parking restriction time period of a residential restricted parking zone may be made by a property owner within the designated permit area to the Municipal Court Hearing Examiner pursuant to BMC 10.10.140. The right to appeal exists only when such creation, deletion, boundary change or time change was completed under subsection (a)(1) of this section by a verified petition or subsection (a)(2) of this section by a Director’s decision. If such creation, deletion, boundary change or time change is subject to appeal, the City Clerk shall post notice in the particular residential area of the future location and boundaries of the proposed residential restricted parking zone and of the right of the property owner to appeal the designation within seven (7) working days. A timely appeal will stay the action until the Municipal Court Hearing Examiner’s review 10.10-3 (Revised 2/14) and decision. The Hearing Examiner shall be authorized to deny the creation, deletion, boundary change or time change if he/she determines that significant errors were made in the process that created a substantial likelihood that the creation, deletion, boundary or time change would have failed had proper procedures been followed or if he/she determines that the creation, deletion or boundary change is not in the best interest of the com- munity. The change shall be enforceable following the expi- ration of the appeal period or at such time as any appeal filed is denied. Until such time, the parking restriction previously in place, if any, shall continue. (d) Posting. (1) If the creation, deletion, boundary change or time change is subject to appeal under subsection (c) of this section, the creation, deletion, boundary change or time change shall become effective at such time as notice is posted in the affected area of the location and boundaries of the residential restricted parking zone, and either: (i) The seven (7) working day appeal period has expired without an appeal being filed; or (ii) At such time as a decision of the Hearing Examiner is issued on an appeal filed under subsection (b) of this section. (2) If the creation, deletion, boundary change or time change is not subject to appeal under subsection (c) of this section, the creation, deletion, boundary change or time change shall become effective upon posting of applicable parking restriction signage in the residential restricted parking zone. (e) Permit Only Zone. Effective April 1, 2013, permit only zones cannot be created nor can their boundaries be changed by petition. Permit only zones in effect on January 1, 2013, are grandfathered and may remain in effect or be deleted by petition. The City Council may, at any time, create, delete or change the boundary of a permit only zone. (Ord. 5206 §2 (part), 2013) 10.10.050 PARKING PERMITS. (a) Residential Parking Permits. Residential park- ing permits may be issued to park in a residential restricted parking zone for motor vehicles not exceeding twenty-two (22) feet in length or having a maximum gross vehicle weight in excess of ten thousand (10,000) pounds only upon application of the following persons: (1) A legal resident of the residential restricted parking zone who has a motor vehicle regis- tered in his or her name, or who has a motor vehicle for his exclusive use and under his control. (2) A person who owns or leases commercial property and actively engages in business activity within a residential restricted parking zone. Permits will be issued for one (1) year terms and be renewed upon expiration conditioned upon meeting the residency requirements for a permit. There shall be a limit of two (2) residential parking permits issued per dwelling unit/business location, unless parking avail- ability allows a greater number not to exceed four (4) permits per dwelling unit as determined by the Director in his or her sole discretion. (b) Visitor Parking Permits. Visitor parking per- mits are authorized for residents of a residential restricted parking zone for bona fide transient use for visitors to the residence. No dwelling unit or place of business located in a residential restricted parking zone shall be issued more than one (1) visitor permit. It shall be the responsibility of the resident to control the use of the permit. Bona fide transient uses include: visiting guests, babysitters, repair persons and other similar vis- itors. The following is prohibited: (1) Parking in excess of seven (7) days within any thirty (30) day period unless approved administra- tively prior to such use; or (2) Parking more than one (1) block from the permitted residence, or (3) Use of visitor permits by residents for the residents’ vehicles. Visitor permits shall only be used for visitor vehicles. (c) Service Parking Permits. Service parking per- mits may be issued, on a short term temporary basis, for parking of vehicles on a street for a period of time exceeding a parking restriction time period established in BMC 10.10.030 and 10.10.040(a) when necessary. Service parking permits may be issued to landlords or their contractors for building improvements, individuals working in a home service industry (home health care, etc.), or for other short-term use for the providing of ser- vices to a residence or to a business in a residential restricted parking zone or a nonresidential restricted parking zone. Service parking permits, and any exten- sions thereto, shall be issued for a period not to exceed thirty (30) days unless the Director determines that a longer period is warranted. The City may require proof of ongoing continuous work and of a City business or landlord license, as applicable, as a condition to main- taining or extending a valid permit. (d) Display. Parking permits shall state thereon the particular restricted parking zone, the license number of the motor vehicle for which it is issued and the expira- tion date. Permits shall be displayed so as to be clearly visible through the rear window of the vehicle on the left side thereof or the front windshield on the left side when necessary. A parking permit shall not guarantee or reserve to the holder thereof an on-street parking space within the designated residential parking area. (e) The Director may establish policies for the issuance of parking permits. Parking permits may be (Revised 2/14)10.10-4 issued throughout different times of the year based on zones or other criteria. (f) Permits issued pursuant to this section are not subject to the parking restriction time periods such as one (1), two (2), three (3), or four (4) hour parking set forth in BMC 10.10.030 and 10.10.040(a), however, they are subject to the five (5) day parking restriction set forth in BMC 10.10.070(b)(1) unless otherwise permit- ted with a temporary parking permit pursuant to BMC 10.10.070(b)(4). (Ord. 5206 §2 (part), 2013) 10.10.060 PARKING FOR DISABLED PERSONS. (a) As authorized pursuant to RCW 46.61.582, a person who has received a current and valid special dis- abled person’s card, decal or license plate from the Washington State Department of Licensing under RCW 46.19.050 shall be allowed to park a vehicle being used to transport such person in parking meter spaces free of charge and in nonmetered spaces for unlimited periods of time in parking zones or areas which are otherwise restricted as to the length of time parking is permitted except as otherwise provided in subsection (b) of this section. This section shall have no application to those zones or areas in which the stopping, parking or stand- ing of all vehicles is prohibited or which are reserved for special types of vehicles. Such person shall not be per- mitted the foregoing privilege unless the person obtains and displays a distinguishing card, decal, or license plate issued pursuant to RCW 46.19.050. (b) No person shall stop, stand or park a vehicle in a parking space reserved for disabled persons provided on street or on private property without charge without obtaining and displaying a special license plate, card, or decal issued pursuant to RCW 46.19.050, provided, pur- suant to RCW 46.19.050, a time limitation of four (4) hours is imposed on the use of such parking spaces for on-street parking when so signed and a time restriction of four (4) hours is imposed on the use of nonreserved, on-street parking spaces by vehicles displaying the spe- cial parking placards when such time restriction is clearly posted. (c) A parking space or stall for a disabled person shall be identified as described in RCW 46.61.581, including fine, time limitation (if applicable), and tow- away information. Notwithstanding any provision in this chapter, in accordance with RCW 46.61.581, failure of the person owning or controlling the property where required parking spaces are located to erect and main- tain the sign is a Class 2 civil infraction under Chapter 7.80 RCW for each parking space that should be so des- ignated. The person owning or controlling the property where the required parking spaces are located shall ensure that the parking spaces are not blocked or made inaccessible, and failure to do so is a Class 2 civil infrac- tion. (d) No person shall make inaccessible the access aisle located next to a space reserved for physically dis- abled persons. (e) Special Plate, Card or Decal Issued by Another Jurisdiction. RCW 46.61.583 is hereby adopted by ref- erence. (Ord. 5206 §2 (part), 2013) 10.10.070 PARKING VIOLATIONS. In addition to those statutes set forth in the Wash- ington Model Traffic Ordinance as adopted pursuant to Chapter 10.04 BMC restricting standing, stopping and parking of vehicles, it shall be unlawful and punishable as a civil infraction for any person to commit any of the following actions: (a) Parking in Time Limit and No Repark Zones. (1) Downtown Core. Where a time limit and no reparking is established by official signs, no vehicle may be reparked on either side of the same named street (i.e., Pacific Avenue or 5th Street) in the downtown core during the same calendar day after the expiration of the posted time limit. For purposes of this section, a vehicle shall be deemed to be reparked and in violation of this section even if the vehicle is moved prior to the expira- tion of the posted time limit and is reparked on either side of the same named street. (2) Residential. Where posted, it is unlawful for a vehicle to remain parked, or to be reparked within four (4) blocks of the original parking location within a restricted parking zone, if the parking time or combined parking time for the vehicle exceeds the time limitations of the parking zone. Vehicles issued permits under Chapter 10.10 BMC shall be exempt from posted time limits according to the terms of the permit, however, they will not be exempt from the time restrictions set forth in subsections (b)(1), (2) and (3) of this section. (b) Parking or Storage of Vehicles Within Street. Except when otherwise provided by subsection (b)(4) of this section, the parking or storage of vehicles within any street shall be subject to the following parking restrictions in addition to other parking restrictions set forth in this chapter: (1) Time Restriction - No Repark. The park- ing or storage of any vehicle in the same parking loca- tion on a street in excess of five (5) consecutive calendar days without movement shall be unlawful. If any time after the initial five (5) consecutive calendar day period the vehicle is still parked in the same location on the street in violation of the five (5) day parking restriction and is then reparked on the street within the same block for any period of time up to twenty-four (24) hours, it shall be considered to be parked in the same location within the street and therefore still in violation of the five (5) day parking restriction. 10.10-5 (Revised 2/14) (2) Recreational Vehicles, Boats or Vessels, and Trailers - Additional Restrictions. No person shall park any recreational vehicle, boat or vessel, or trailer, as defined in BMC 10.10.010 on any street for longer than twenty-four (24) hours, unless such activity is authorized pursuant to a temporary permit pursuant to subsection (b)(4) of this section. (3) Oversized Vehicles - Additional Restric- tions. The City Council finds that the parking and stor- age of commercial trucks, vans, tractor trailers, and semi-trailers, or combination thereof, exceeding twenty- two (22) feet in length (including any attached trailer) or with a maximum gross vehicle weight exceeding ten thousand (10,000) pounds presents unacceptable risks and hazards to public health, safety, and welfare when such vehicles are parked or stored on any street at times when such vehicles are not engaged in business or com- mercial activity. Accordingly, no commercial truck, vehicle, van, trailer, or semi-trailer, or combination thereof exceeding twenty-two (22) feet in length (including any attached trailer) or with a maximum gross vehicle weight exceeding ten thousand (10,000) pounds, whether licensed or unlicensed, may be stored or parked upon any street for longer than twenty-four (24) hours, unless such activity is authorized pursuant to a temporary permit pursuant to subsection (b)(4) of this section. (4) Temporary Parking Permits - Exception to Time Restrictions. A vehicle may park on a street for a period of time that exceeds the time restrictions set forth in this section, BMC 10.10.070, as well as any parking restriction time period established in BMC 10.10.030 and 10.10.040(a) if it has been specifically permitted, on a temporary short term limited basis and for the period of time permitted. Such a permit may be issued: (i) To a resident when necessary such as when the resident will be out of town or some other sim- ilar short term use; (ii) With a public works right-of-way per- mit or other similar City or State authorization for con- struction or other related public purpose; or (iii) When otherwise authorized by the Director for good reason. (c) Unauthorized Disabled Parking. It is a traffic infraction for any person to park a vehicle in a public place provided on private property without charge or on public property reserved for physically disabled persons without a placard or special license plate as provided for in BMC 10.10.060 and RCW 46.19.050. If a person is charged with a violation, the person shall not be deter- mined to have committed an infraction if the person pro- duces in court or before the court appearance the placard or special license plate required under this section. Additionally, it is a traffic infraction pursuant to subsec- tion (a) of this section for any vehicle displaying the placard or special license plate as provided for in BMC 10.10.060 and RCW 46.19.050 to violate any time restrictions imposed on nonmetered, on-street parking places reserved for persons with physical disabilities as well as nonreserved, on-street parking spaces. (d) Parking on City Property. A motor vehicle parking or standing on property owned, leased, or oper- ated by the City is subject to the following restrictions: (1) Only motor vehicles belonging to persons who work for the City, who are transacting business with the City or who otherwise have specific permission from the City, may be parked upon such property; and (2) Where pavement markings or signs desig- nate parking stalls on such property, all motor vehicles must be parked within such stalls and not elsewhere on such property, unless otherwise authorized by the City; and (3) Where a parking stall or stalls is desig- nated by pavement markings or signage, any motor vehicle parked in these stalls must be parked within the designated limits of the parking space as indicated. (e) Parking Against Traffic. Except when other- wise provided by City code, ordinance or resolution, it shall be unlawful for any vehicle to stop or park on a street unless: (1) Stopped or parked parallel (or at an angle when authorized) to the traveled portion of the street; (2) In the direction of authorized traffic move- ment of the street immediately adjacent thereto; and (3) Within twelve (12) inches of the curb or as close as practicable to the edge of the shoulder. In the event of a conflict between the provisions of subsection (m) of this section and RCW 46.61.575 adopted as part of the Washington Model Traffic Ordi- nance pursuant to Chapter 10.04 BMC, the provisions of this subsection shall apply. (f) Expired Registration. It is unlawful to park any vehicle on a street or on public property without valid, current vehicle license plates or registration tab dis- played according to law. (g) Inoperable Motor Vehicle. It is unlawful to park or store an inoperable motor vehicle on a street or on public property. For purposes of this subsection, an "inoperable motor vehicle" is defined as a motor vehicle which is: (1) By any reason of dismantling, disrepair, or other cause is incapable of being propelled under its own power; (2) Unsafe for operation on the streets and highways of this State due to inability to comply with the Washington Model Traffic Ordinance as adopted pursuant to Chapter 10.04 BMC; or (3) Damaged to such extent as to render it ille- gal for operation on any street, including but not limited (Revised 2/14)10.10-6 to any of the following: broken head or taillights, broken or missing mirrors, cracked or missing window or wind- shield, deflated tires, missing seats or steering wheel or other general conditions that would render a vehicle incapable of being driven on a public highway. (h) Junk and Abandoned Vehicles. Enforcement of junk and abandoned vehicles may be pursuant to Chapter 46.55 RCW adopted as part of the Washington Model Traffic Ordinance pursuant to Chapter 10.04 BMC. (i) Counterfeit Permits. It is unlawful for any per- son to copy, reproduce, or otherwise counterfeit a park- ing permit or to possess any counterfeit copy or facsimile of a City parking permit. (j) Unauthorized Use of Permit. It is unlawful for any person issued a parking permit by the City to: (1) Lend, sell or assign said permit to another; (2) Display any permit issued to another; or (3) Display any permit issued when the recip- ient of the permit is no longer eligible pursuant to Chap- ter 10.10 BMC. (k) Tampering with Parking Meters or Collection Devices. No person shall deface, injure, tamper with, open, or willfully break, destroy, or impair the useful- ness of any parking meter or collection device. (l) Unlawful Parking in City Lot. In addition to other enforcement remedies, it is unlawful to park any vehicle on a City-owned parking lot or structure without paying the posted fee or parking in excess of posted time limits or in violation of use restrictions. (m) Obliterating Tire Markings. It is unlawful to conceal, obliterate, or erase markings on vehicle tires made by a parking enforcement officer for the purpose of recording parking time. (n) False Application. It is unlawful for any person to intentionally provide false or misleading information on any application for a parking permit. (o) Failure to Surrender Permit. The Director is authorized to revoke the residential parking permit of any person found to be in violation of its intended use. Upon written notification of permit revocation by the Director, it shall be unlawful for any person to fail to surrender a parking permit as directed. (p) Parking Fee - Nonpayment. It is unlawful to park a vehicle in any parking space monitored by a park- ing fee collection device, including parking meters, without payment as indicated on the collection device. (q) Parking Fee - Time Permitted. It is unlawful to park a vehicle in any parking space monitored by a col- lection device, including parking meters, for a consecu- tive period of time longer than that limited period of time for which parking is lawfully permitted in the time zone, irrespective of the amount of money deposited in such collection device. (r) Habitation in Vehicles. No person shall park and/or occupy any vehicle on any street for the purpose of habitation in such vehicle. For purpose of this section, habitation means to camp, live or occupy within such vehicle for residential purposes. (Ord. 5206 §2 (part), 2013) 10.10.080 ENFORCEMENT PROCEDURES. (a) Enforcement Officer. The parking regulations set forth in this chapter and the Washington Model Traf- fic Ordinance as adopted pursuant to Chapter 10.04 BMC shall be enforced by the: (1) City’s police officers and other law enforcement officers; and/or (2) City’s parking enforcement officers, as applicable. The City’s parking enforcement officers include parking enforcement officers with limited commission as set forth in subsection (d) of this section and those City officials authorized by the Director of Financial Services or by the Director of Public Works and Utilities to enforce provisions of this chapter. (b) Notice of Infraction. If any vehicle is found parked, standing, or stopped in violation of this chapter, or otherwise violates the provisions of this chapter, the enforcement officer finding the vehicle shall take its license number and may take any other information dis- played on the vehicle which may identify its user and shall conspicuously affix to the vehicle a notice of park- ing infraction. A notice of parking infraction represents a determination that a parking infraction has been com- mitted. (c) Registered Owner - Responsible for Violation. In any parking violation case involving an infraction relating to the stopping, standing, or parking of a vehi- cle, the registered owner of the vehicle shall be respon- sible for the violation unless the registered owner can provide proof that the vehicle was sold or stolen or other similar event in which the registered owner had no direct or indirect control of the vehicle. (d) Limited Commission Officers. The City’s Police Department is authorized to appoint parking enforcement officers with a limited commission to issue notices of infractions for violations of the City’s parking regulations. (Ord. 5206 §2 (part), 2013) 10.10.090 FINES AND PENALTIES. Unless specifically set forth elsewhere in this chap- ter, the fines and penalties for parking violations of the provisions of this chapter and provisions of the Wash- ington Model Traffic Ordinance as adopted pursuant to Chapter 10.04 BMC, defined as an infraction, shall be pursuant to Chapters 3.01 and 10.04 BMC. (Ord. 5206 §2 (part), 2013) 10.10-7 (Revised 2/14) 10.10.100 FAILURE TO RESPOND - ADDITIONAL PENALTY. Any person who has been issued a notice of infrac- tion relating to parking pursuant to BMC 10.10.080(b) and who fails to respond as provided in RCW 46.63.110, as adopted by the Washington Model Traffic Ordinance pursuant to Chapter 10.04 BMC, shall pay an additional penalty of twenty-five dollars ($25.00), regardless of the disposition of the notice of infraction. This enhanced penalty shall be in addition to a misdemeanor citation which may be issued for failure to respond to a notice of infraction. (Ord. 5206 §2 (part), 2013) 10.10.110 VEHICLE IMPOUND - OTHER ENFORCEMENT. Any vehicle parked and/or used in violation of this chapter or any regulation or restriction established thereunder, or any other applicable provision of the Bremerton City Code or of any ordinance, is an unau- thorized vehicle declared to be a nuisance which may be summarily abated by the impounding and removal of the vehicle as follows: (a) Impound with Notice. As authorized pursuant to RCW 46.55.080(1), an unauthorized vehicle left within a street may be impounded under the direction of a police officer or parking enforcement officer after notice of such proposed impoundment has been securely attached to and conspicuously displayed on the vehicle for a period of twenty-four (24) hours prior to such impoundment pursuant to RCW 46.55.085 under the following circumstances: (1) Violations of Parking Code. When such vehicle is parked and/or used in violation of the provi- sions of this chapter or any other law, ordinance or reg- ulation; or (2) Chronic Nuisance. A vehicle is hereby declared to be a chronic nuisance and subject to impound as provided herein when: (i) Outstanding Infractions. When a vehicle is parked on any street or City parking facility within the City and there are three (3) or more outstand- ing parking infractions issued against the vehicle for each of which a person has failed to respond, failed to appear at a requested hearing, or failed to pay a parking infraction for at least forty-five (45) days from the date of the filing of the notice of infraction. (ii) Multiple Infractions. When a vehicle is parked on any street within the downtown core as defined in BMC 10.10.010 and said vehicle has been issued six (6) or more parking infractions while parked on any street within the City, whether paid or unpaid, within the preceding ninety (90) days. Furthermore, such vehicle may not park on any street within the downtown core for a period of ninety (90) days from the date of issuance of the notice of impoundment. (b) Impound Without Notice. As authorized pur- suant to RCW 46.55.080(1), a vehicle may be impounded under the direction of a police officer or parking enforcement officer, with or without citation and without giving prior notice to its owner as required in subsection (a) of this section, only under the follow- ing circumstances: (1) Public Safety. When a vehicle is unat- tended upon a street where the vehicle constitutes an obstruction to traffic or jeopardizes public safety as defined in RCW 46.55.113; or (2) City Parking Facility. When an unautho- rized vehicle is parked in a City owned or controlled parking facility which is properly posted with parking restrictions pursuant to RCW 46.55.070. (c) Other Impoundment. In addition to the impound provisions set forth in subsections (a) and (b) of this section and those penalties established pursuant to this chapter, a vehicle in violation of any of the park- ing regulations established herein may be impounded by a registered tow truck operator at the direction of a police officer pursuant to those requirements estab- lished in WAC 308-330-406 and other related sections of the Washington Model Traffic Ordinance as adopted pursuant to Chapter 10.04 BMC. (See RCW 46.55.113) (d) Immobilization of Vehicle. In lieu of impound- ment, a vehicle may be immobilized with a restraining device (i.e., boot). A vehicle that has been immobilized for forty-eight (48) or more hours may be impounded, unless the vehicle needs to be towed sooner for public safety reasons as set forth is subsection (b)(1) of this section as determined by the police officer or parking enforcement officer. (Ord. 5206 §2 (part), 2013) 10.10.120 COSTS OF IMPOUND. (a) The registered owner shall be responsible for all towing and storage costs relating to impounds of a nuisance vehicle. If the vehicle is immobilized pursuant to this chapter, the Police Department shall affix to said vehicle a notice setting forth procedures for release and directing, that in addition to the payment of fines or posting bail, the owner shall pay an administrative immobilization fee of one hundred dollars ($100.00) before the vehicle may be released. (b) If impounded or immobilized, the vehicle shall not be released until the Police Department, or its desig- nee, parking enforcement officer or towing company, as applicable, receives a receipt or other notice from the court showing that all infractions and crimes relating to standing, stopping or parking the vehicle have been paid or otherwise resolved unless such release is otherwise approved by the Police Department, or its designee or parking enforcement officer for good reason. (Ord. 5206 §2 (part), 2013) (Revised 2/14)10.10-8 10.10.130 ENFORCEMENT - EXEMPT PERIODS. Time restrictions on parking, as set forth in this chapter, shall not be effective on City holidays identi- fied in BMC 1.02.020 or such additional days specifi- cally exempted by Council resolution, except that enforcement in residential restricted parking zones shall be at the times posted. (Ord. 5206 §2 (part), 2013) 10.10.140 APPEAL. Appeals relating to the creation, deletion, boundary change or time change of a restricted parking zone pur- suant to BMC 10.10.040(c) and appeals of parking infractions and impoundments pursuant to this chapter shall be filed with and heard by the Municipal Court Hearing Examiner pursuant to BMC 2.62.045. Failure to appear at the scheduled hearing will be deemed a waiver of any rights to contest the declaration. (Ord. 5206 §2 (part), 2013) 10.20-1 (Revised 2/14) Chapter 10.20 COMMUTE TRIP REDUCTION PLAN Sections: 10.20.010 PURPOSE. 10.20.020 DEFINITIONS. 10.20.030 RESPONSIBLE AGENCY. 10.20.040 THE CITY OF BREMERTON’S CTR PLAN. 10.20.050 CTR GOALS. 10.20.060 APPLICABILITY. 10.20.070 REQUIREMENTS FOR AFFECTED EMPLOYERS. 10.20.080 RECORD KEEPING. 10.20.090 CTR PROGRAM ACCEPTANCE AND IMPLEMENTATION. 10.20.100 COMPLIANCE AND VIOLATIONS. 10.20.110 EXEMPTIONS AND GOAL MODIFICATIONS. 10.20.120 APPEALS. 10.20.010 PURPOSE. The purpose of this chapter is to establish commute trip reduction program requirements for affected employers within the City of Bremerton as required by RCW 70.94.527. These requirements will promote alternative commute modes and reduce the total number of drive alone commute trips, and vehicle miles traveled (VMT) per employee, thereby decreasing traffic con- gestion, automobile related air pollution, and energy use within the City of Bremerton. The City of Bremerton recognizes the importance of increasing individual citi- zens’ awareness of air quality, energy consumption, and traffic congestion and the contribution individual actions can make toward addressing these issues. (Ord. 5223 §1 (part), 2013) 10.20.020 DEFINITIONS. The following definitions shall apply in the inter- pretation and enforcement of this chapter: (a) (1) "Affected employee" means a full-time employee who begins his or her regular work day at a single worksite covered by the commute trip reduction plan between 6:00 a.m. and 9:00 a.m. (inclusive) on two (2) or more weekdays per week for at least twelve (12) continuous months who is not an independent contrac- tor. Seasonal agriculture employees, including seasonal employees of processors of agriculture products are excluded from the count of affected employees. (2) "Affected employer" means an employer that employs one hundred (100) or more affected employees at a single worksite covered by the commute trip reduction plan who scheduled to begin their regular work day between 6:00 a.m. and 9:00 a.m. (inclusive) on two (2) or more weekdays for at least twelve (12) continuous months. Construction worksites, when the expected duration of the construction is less than two (2) years, are excluded from this definition. (Also see defi- nition of "employer.") (3) "Alternative mode" means any means of commute transportation other than that in which the sin- gle-occupant motor vehicle is the dominant mode, including telecommuting and compressed work week schedules if they result in reducing commute trips. (4) "Alternative work schedules" means pro- grams such as compressed work week schedules that eliminate work trips by affected employees. (b) (1) "Base year" means the twelve (12) month period which commences when a major employer is determined by the jurisdiction to be participating within the CTR program. The City uses this twelve (12) month period as the basis upon which it develops commute trip reduction goals. (2) "Baseline measurement" means the sur- vey, during the base year, of employees at a major employer worksite to determine the drive alone rate and vehicle miles traveled per employee at the worksite. The jurisdiction uses this measurement to develop commute trip reduction goals for the major employer. The base- line measurement must be implemented in a manner that meets the requirements specified by Kitsap Transit. (c) (1) "Carpool" means any motor vehicle, including a motorcycle, occupied by two (2) to six (6) people of at least sixteen (16) years of age traveling together for their commute trip, resulting in the reduc- tion of a minimum of one (1) motor vehicle commute trip. (2) "Commute trips" means trips made from a worker’s home to a worksite (inclusive) on weekdays. (3) "CTR" is the abbreviation of commute trip reduction. (4) "Commute trip reduction (CTR) plan" means the goals established for the City and affected employers. (5) "Commute trip reduction (CTR) program" means an employer’s strategies to reduce employees’ drive alone commutes and average VMT per employee. (6) "Commute trip vehicle miles traveled per employee" means the sum of individual vehicle com- mute trip lengths in miles over a set period divided by the number of full-time employees during that period. (7) "Compressed work week" means an alter- native work schedule, in accordance with employer pol- icy, that regularly allows a full-time employee to (Revised 2/14)10.20-2 eliminate at least one (1) work day every two (2) weeks by working longer hours during the remaining days, resulting in fewer commute trips by the employee. This definition is primarily intended to include weekly and bi-weekly arrangements, the most typical being four (4) ten (10) hour days or eighty (80) hours in nine (9) days, but may also include other arrangements. (8) "Custom bus/buspool" means a commuter bus service arranged specifically to transport employees to work. (d) (1) "Dominant mode" means the mode of travel used for the greatest distance of a commute trip. (2) "Drive alone" means a motor vehicle occupied by one (1) employee for commute purposes, including a motorcycle. (3) "Drive alone trips" means commute trips made by employees in single occupant vehicles. (e) (1) "Employee transportation coordinator (ETC)" means a person who is designated as responsible for the development, implementation, and monitoring of an employer’s CTR program. (2) "Employer" means a sole proprietorship, partnership, corporation, unincorporated association, cooperative, joint venture, agency, department, district or other individual or entity, whether public, nonprofit, or private, that employs workers. (3) "Exemption" means a waiver from any or all CTR program requirements granted to an employer by the City of Bremerton based on unique conditions that apply to the employer or employment site. (f) (1) "Flex-time" is an employer policy that provides work schedules allowing individual employees some flexibility in choosing the start and end time but not the number of their working hours. (2) "Full-time employee" means a person, other than an independent contractor, whose position is scheduled on a continuous basis for fifty-two (52) weeks for an average of at least thirty-five (35) hours per week. (g) (1) "Good faith effort" means that an employer has met the minimum requirements identified in this chapter and in RCW 70.94.531, and is working collaboratively with Kitsap Transit to continue its exist- ing CTR program or is developing and implementing program modifications likely to result in improvements to its CTR program over an agreed upon length of time. (i) (1) "Implementation" or "implement" means active pursuit by an employer of the CTR goals of RCW 70.94.521 through 70.94.551 and this chapter as evi- denced by appointment of an employee transportation coordinator (ETC), distribution of information to employees regarding alternatives to drive alone com- muting, and commencement of other measures accord- ing to its improved CTR program and schedule. (m) (1) "A major employer" means a private or public employer, including state agencies, that employs one hundred (100) or more full-time employees at a sin- gle worksite who are scheduled to begin their regular work day between 6:00 a.m. and 9:00 a.m. on weekdays for at least twelve (12) continuous months. (2) "Major employer worksite" or "affected employer worksite" or "worksite" means the physical location occupied by a major employer, as determined by the local jurisdiction. (3) "Major employment installation" means a military base or federal reservation, excluding tribal res- ervations, or other locations as designated by the City of Bremerton, at which there are one hundred (100) or more affected employees. (4) "Mode" refers to the means of transporta- tion used by employees, such as single-occupant motor vehicle, rideshare vehicle (carpool or vanpool), transit, ferry, bicycle, walking, compressed work week sched- ule and telecommuting. (n) (1) "Notice" means written communication delivered via the United States Postal Service with receipt deemed accepted three (3) days following the day on which the notice was deposited with the Postal Service unless the third day falls on a weekend or legal holiday in which case the notice is deemed accepted the day after the weekend or legal holiday. (p) (1) "Peak period" means the hours from 6:00 a.m. to 9:00 a.m. (inclusive), Monday through Friday, except legal holidays. (2) "Peak period trip" means any commute trip that delivers the employee to begin his or her regular workday between 6:00 a.m. and 9:00 a.m. (inclusive), Monday through Friday, except legal holidays. (3) "Proportion of drive alone trips" or "drive alone rate" means the number of commute trips over a set period made by employees in single occupancy vehi- cles divided by the number of potential trips taken by employees working during that period. (r) (1) "Ride matching service" means a system which assists in matching commuters for the purpose of commuting together. (t) (1) "Teleworking" or "telecommuting" means the use of telephones, computers, or other similar tech- nology to permit an employee to work at home eliminat- ing a commute trip, or to work from a work place closer to home, reducing the distance traveled in a commute trip by at least half. (2) "Transit" means a multiple-occupant vehi- cle operated on a for-hire, shared-ride basis, including bus, passenger ferry, shared-ride taxi, shuttle bus, or vanpool. 10.20-3 (Revised 2/14) (3) "Transportation demand management (TDM)" means a broad range of strategies that are pri- marily intended to reduce and reshape demand on the transportation system. (4) "Transportation management association (TMA)" means a group of employers or an association representing a group of employers in a defined geo- graphic area. A TMA may represent employers within specific city limits or may have a sphere of influence that extends beyond city limits. (v) (1) "Vanpool" means a vehicle occupied by from five (5) to fifteen (15) people traveling together for their commute trip, resulting in the reduction of a mini- mum of one (1) motor vehicle trip. (2) "Vehicle miles traveled (VMT) per employee" means the sum of the individual vehicle commute trip lengths in miles made by employees over a set period divided by the number of employees during that period. (w) (1) "Week" means a seven (7) day calendar period, starting on Monday and continuing through Sun- day. (2) "Weekday" means any day of the week except Saturday or Sunday. (3) "Writing," "written," or "in writing" means original signed and dated documents. Facsimile (fax) and email transmissions are a temporary notice of action that must be followed via mail or delivery of the original signed and dated document. (Ord. 5223 §1 (part), 2013) 10.20.030 RESPONSIBLE AGENCY. The City of Bremerton has entered into an interlo- cal agreement with Kitsap Transit pursuant to Chapter 39.34 RCW and RCW 70.94.527(5) whereby Kitsap Transit is the agency responsible for implementing and administering the City of Bremerton’s CTR plan and this chapter. Kitsap Transit is located at: 60 Washington Avenue, Ste. 200 Bremerton, Washington 98337 (Ord. 5223 §1 (part), 2013) 10.20.040 THE CITY OF BREMERTON’S CTR PLAN. The goals established for the jurisdiction and affected employers in the City of Bremerton are set forth in the City’s commute trip reduction plan ("CTR plan") as currently enacted and hereinafter amended by the City, incorporated herein by this reference. (Ord. 5223 §1 (part), 2013) 10.20.050 CTR GOALS. (a) Commute Trip Reduction Goals. (1) The City of Bremerton’s goals for reduc- tions in the proportions of drive alone commute trips and vehicle miles traveled per employee by affected employers in the City of Bremerton’s jurisdiction, major employment installations, and other areas designated by the City of Bremerton are hereby established by the City of Bremerton’s CTR plan incorporated by BMC 10.20.040. These goals establish the desired level of performance for the CTR program in its entirety in the City of Bremerton. (2) Kitsap Transit will set the individual worksite goals for affected employers based on how the worksite can contribute to the City of Bremerton’s over- all goal established in the CTR plan. The goals will appear as a component of the affected employer’s approved implementation plan outlined in BMC 10.20.070. (b) Commute Trip Reduction Goals for Affected Employers. (1) The drive alone and VMT goals for affected employers in the City of Bremerton are hereby established as set forth in the CTR plan incorporated by BMC 10.20.040. (2) If the goals for an affected employer or newly affected employer are not listed in the CTR plan, they will be established by Kitsap Transit at a level designed to achieve the City of Bremerton’s overall goals for the jurisdiction and other areas as designated by the City of Bremerton. Kitsap Transit shall provide written notification of the goals for each affected employer worksite by providing the information when Kitsap Transit reviews the employer’s proposed pro- gram and incorporating the goals into the program approval issued by Kitsap Transit. (Ord. 5223 §1 (part), 2013) 10.20.060 APPLICABILITY. The provisions of this chapter shall apply to any affected employer within the geographic limits of the CTR plan adopted in BMC 10.20.040. (a) Notice of Applicability. (1) Publication of Notice. Notice of the ordi- nance adopting this chapter shall be published in accor- dance with the City of Bremerton’s established public notification procedures for adoption of an ordinance or an amendment to an ordinance. (2) Affected employers located in the City of Bremerton shall receive written notification from Kitsap Transit that they are subject to this chapter. Such notices shall be by certified mail or delivery, return receipt, addressed to the employer’s chief executive officer, senior official, CTR program manager, or registered (Revised 2/14)10.20-4 agent at the worksite. Such notification shall provide ninety (90) days for the affected employer to perform a baseline measurement as defined in BMC 10.20.020. Kitsap Transit shall also send to all known affected employers notice of any amendments to this chapter. (3) Affected employers who, for whatever reason, do not receive notification within thirty (30) days of the effective date of the ordinance codified in this chapter and are either notified or identify them- selves to Kitsap Transit within ninety (90) days of the effective date of the ordinance codified in this chapter will be granted an extension up to ninety (90) days within which to perform a baseline measurement speci- fied by Kitsap Transit. (4) Affected employers that have not been identified or do not identify themselves within ninety (90) days of the effective date of the ordinance codified in this chapter and do not perform a baseline measure- ment consistent with the measurement requirements specified by Kitsap Transit within ninety (90) days from the effective date of the ordinance codified in this chap- ter are in violation of this chapter. (5) If an affected employer has already per- formed a baseline measurement, or an alternative acceptable to Kitsap Transit, under previous iterations of this chapter, the employer is not required to perform another baseline measurement. (b) Newly Affected Employers. (1) Employers meeting the definition of "affected employer" in this chapter shall identify them- selves to Kitsap Transit within ninety (90) days of either moving into the boundaries outlined in the CTR plan adopted in BMC 10.20.040 or growing in employment at a work site to one hundred (100) or more affected employees. Employers who do not identify themselves within ninety (90) days are in violation of this chapter. (2) Newly affected employers identified as such shall be given ninety (90) days to perform a base- line measurement consistent with the measurement requirements specified by Kitsap Transit. Employers who do not perform a baseline measurement within ninety (90) days of receiving written notification that they are subject to this chapter are in violation of this chapter. (3) Not more than ninety (90) days after receiving written notification of the results of the base- line measurement, the newly affected employer shall develop and submit a commute trip reduction program ("CTR program") to Kitsap Transit. The program will be developed in consultation with Kitsap Transit staff listed in BMC 10.20.030 to be consistent with the goals of the CTR plan adopted in BMC 10.20.040. Employers who do not implement an approved CTR program according to this schedule are in violation of this chap- ter. (c) Change in Status as an Affected Employer. Any of the following changes in an affected employer’s status may change the employer’s CTR program requirements: (1) If an employer initially designated as an affected employer no longer employs one hundred (100) or more affected employees and expects not to employ one hundred (100) or more affected employees for the next twelve (12) months, that employer is no longer con- sidered an affected employer. It is the responsibility of the employer to notify Kitsap Transit, in writing, that it is no longer an affected employer, the burden of proof lies with the employer; (2) If the same employer returns to the level of one hundred (100) or more affected employees within the same twelve (12) months, that employer will be con- sidered an affected employer for the entire twelve (12) months, and will be subject to the same CTR program requirements as other affected employers. It is the responsibility of the employer to notify Kitsap Transit, in writing, that it has become an affected employer; and (3) If the same employer returns to the level of one hundred (100) or more affected employees twelve (12) or more months after its change in status to an "unaffected" employer, that employer shall be treated as a newly affected employer, and will be subject to the same CTR program requirements as other newly affected employers. It is the responsibility of the employer to notify Kitsap Transit, in writing that it has become an affected employer. (Ord. 5223 §1 (part), 2013) 10.20.070 REQUIREMENTS FOR AFFECTED EMPLOYERS. An affected employer is required to make a good faith effort, as defined in RCW 70.94.534(2) and this chapter, to develop and implement a CTR program that will encourage its employees to reduce VMT per employee and drive alone commute trips. The CTR pro- gram must include the mandatory elements as described below. (a) Mandatory Program Elements. (1) Employee Transportation Coordinator. The name of the employer’s designated employee trans- portation coordinator (ETC) to administer the CTR pro- gram. The ETC and/or designee’s name, location, and telephone number must be physically or electronically prominently displayed at each affected worksite. The ETC shall oversee all elements of the employer’s CTR program and act as liaison between the employer and Kitsap Transit. The objective is to have an effective transportation coordinator presence at each worksite; an 10.20-5 (Revised 2/14) affected employer with multiple sites may have one (1) ETC for all sites. (2) Information Distribution. Information about alternatives to drive alone commuting as well as a summary of the employer’s CTR program shall be pro- vided to employees at least once a year and to new employees at the time of hire. The summary of the employer’s CTR program shall also be submitted to Kit- sap Transit with the employer’s program description and regular report. (b) Additional Program Elements. In addition to specific program elements described above, the employer’s CTR program shall include additional ele- ments as needed to meet CTR goals. Elements may include, but are not limited to, one (1) or more of the fol- lowing: (1) A provision for preferential parking or reduced parking charges, or both, for high-occupancy vehicles; (2) Instituting or increasing parking charges for drive alone commuters; (3) A provision for commuter ride matching services to facilitate employee ride-sharing for com- mute trips; (4) A provision for subsidies for rail, transit, or vanpool fares and/or transit passes; (5) A provision for vans or buses for use as vanpools or custom bus/buspools (Kitsap Transit’s worker/driver buses) for employee ride-sharing; (6) A provision for subsidies for carpools, vanpools, walking, bicycling, teleworking, or com- pressed schedules; (7) A provision of incentives for employees that do not drive alone to work; (8) Permitting the use of the employer’s vehi- cles for carpooling or vanpooling; (9) Permitting flexible work schedules to facilitate employees’ use of transit, carpools, or van- pools; (10)Cooperation with transportation providers to provide additional regular or express service to the worksite; (11)Construction of special loading and unloading facilities for transit, carpool, and vanpool users; (12)A provision for bicycle parking facilities, lockers, changing areas, and showers for employees who bicycle or walk to work; (13)A provision for a program of parking incentives such as a rebate for employees who do not use the parking facilities; (14)Establishment of a telecommuting pro- gram to permit employees to work part- or full-time at home or at an alternative worksite closer to their homes; (15)Establishment of a program of alternative work schedules such as a compressed work week which reduces commuting; (16)Implementation of other measures designed to facilitate the use of high-occupancy vehi- cles, such as on-site day care facilities, emergency taxi services, or guaranteed ride home programs; (17)Charging employees for parking, and/or the elimination of free parking; and (18)Other measures that the employer believes will reduce the number and length of commute trips made to the site. (c) CTR Program Report and Description. (1) Affected employers shall review their pro- gram and file a regular progress report with Kitsap Tran- sit in accordance with the format provided by Kitsap Transit. (2) The CTR program report and description outlines the strategies to be undertaken by an employer to achieve the commute trip reduction goals for the reporting period. Employers are encouraged to consider innovative strategies and combine program elements in a manner that will best suit their location, site character- istics, business type, and employees’ commuting needs. Employers are further encouraged to cooperate with each other to implement program elements. (3) At a minimum the employer’s CTR pro- gram report and description must include: (i) A general description of the employ- ment site location, transportation characteristics, employee parking availability, on-site amenities, and surrounding services; (ii) The number of employees affected by the CTR program and the total number of employees at the site; (iii) Documentation on compliance with the mandatory CTR program elements as described in subsection (a) of this section; (iv) A description of any additional ele- ments included in the employer’s CTR program as described in subsection (b) of this section; (v) A statement of organizational com- mitment to provide appropriate resources to the program to meet the employer’s established goals. (d) Biennial Measure of Employee Commute Behavior. In addition to the baseline measurement, employers shall conduct a program evaluation as a means of determining worksite progress toward meeting CTR goals. As part of the program evaluation, the employer shall distribute and collect CTR program (Revised 2/14)10.20-6 employee questionnaires (surveys) at least once every two (2) years, and strive to achieve at least a seventy (70) percent response rate from employees at the worksite. (Ord. 5223 §1 (part), 2013) 10.20.080 RECORD KEEPING. Affected employers shall maintain a copy of their approved CTR program description and report, their CTR program employee questionnaire results, and all supporting documentation for the descriptions and assertions made in any CTR report to Kitsap Transit for a minimum of forty-eight (48) months. Kitsap Transit and the affected employer shall agree in writing on the record keeping requirements as part of the affected employer’s accepted CTR program. (Ord. 5223 §1 (part), 2013) 10.20.090 CTR PROGRAM ACCEPTANCE AND IMPLEMENTATION. (a) Document Review. (1) Kitsap Transit shall provide the employer with written notification if the employer’s CTR program is deemed acceptable. The notification must give cause for any rejection. Such notification shall be by certified mail or delivery, return receipt, addressed to the employer’s employee transportation coordinator. If the employer receives no written notification of extension of the review period or comment on the CTR program or annual report within ninety (90) days of submission, the employer’s CTR program or annual report shall be deemed accepted. Kitsap Transit may extend the review period up to ninety (90) days. The implementation date for the employer’s CTR program will be extended an equivalent number of days. (b) Schedule. Upon review on an employer’s ini- tial CTR program, Kitsap Transit shall establish the employer’s regular reporting date. This report will be provided in a form provided by Kitsap Transit consistent with BMC 10.20.070(c). (c) Modification of CTR Program Elements. An affected employer may request a modification of the CTR program elements. This request must be in writing and delivered to Kitsap Transit. Such request may be granted by Kitsap Transit if one (1) of the following conditions exist: (1) Beyond Control. The affected employer can demonstrate it would be unable to comply with the CTR program element(s), for which the affected employer seeks an exemption, for reasons beyond the control of the employer; or (2) Undue Hardship. The affected employer can demonstrate that compliance with the CTR program element(s) would constitute an undue hardship. Kitsap Transit may ask the affected employer to substitute a program element of similar trip reduction potential rather than grant the employer’s request. (d) Extensions. An affected employer may request from Kitsap Transit additional time to submit a CTR program description and report, or to implement or modify a CTR program. Such requests shall be made in writing and delivered by certified mail to Kitsap Transit no less than thirty (30) days before the due date for which the extension is being requested. Extensions not to exceed ninety (90) days may be considered for rea- sonable cause. Kitsap Transit shall grant or deny the employer’s extension request by certified letter, return receipt within ten (10) days of receiving the request. If there is no response issued to the employer, an extension is automatically granted for thirty (30) days. Extension shall not exempt an employer from any responsibility in meeting the CTR program goals. Extensions granted due to delays or difficulties with any CTR program ele- ment(s) shall not be cause for discontinuing or failing to implement other program elements. An employer’s annual reporting date shall not be adjusted permanently as a result of these extensions. An employer’s annual reporting date may be extended at the discretion of Kit- sap Transit. (e) Implementation of Employer’s CTR Program. Unless extensions are granted, employer shall imple- ment its approved CTR program, including approved program modifications, not more than ninety (90) days after receiving written notice for Kitsap Transit that the program has been approved or with the expiration of the program review period without receiving notice from Kitsap Transit. (Ord. 5223 §1 (part), 2013) 10.20.100 COMPLIANCE AND VIOLATIONS. (a) Compliance. Except as otherwise provided in this chapter, compliance shall mean: (1) Fully implementing in good faith all man- datory program elements as well as provisions in an approved CTR program description and report and sat- isfying the requirements of this chapter; (2) Providing a complete CTR program description and report on the regular reporting date; and (3) Distributing and collecting the CTR pro- gram employee questionnaire during the scheduled sur- vey time period. (b) Program Modification Criteria. Kitsap Transit shall use the following criteria for achieving goals for VMT per employee and proportion of drive alone trips shall be applied in determining requirements for employer CTR program modifications: (1) If an employer meets either or both goals, the employer has satisfied the objectives of the CTR 10.20-7 (Revised 2/14) plan and will not be required to modify its CTR pro- gram. (2) If an employer makes a good faith effort, as defined in this chapter and in RCW 70.94.534(2), but has not met or is not likely to meet the applicable drive alone or VMT goal, no additional modifications are required. (3) If an employer fails to make a good faith effort, as defined in this chapter and in RCW 70.94.534(2), and fails to meet either the applicable drive alone or VMT reduction goal, Kitsap Transit shall direct the employer to revise its program within thirty (30) days to come into compliance with the measures defined in RCW 70.94.534(2), including specific rec- ommended program modifications. In response to the recommended modifications, the employer shall submit a revised CTR program description and report, includ- ing the requested modifications or equivalent measures, within thirty (30) days of receiving written notice to revise its program. Kitsap Transit shall review the revi- sions and notify the employer of acceptance or rejection of the revised program. If a revised program is not accepted, Kitsap Transit will send written notice to that effect to the employer within thirty (30) days and, if nec- essary, require the employer to attend a conference with program review staff for the purpose of reaching a con- sensus on the required program. A final decision on the required program will be issued in writing by Kitsap Transit within ten (10) working days of the conference. (c) Violations. The following constitute violations of this chapter: (1) Failure to self-identify as an affected employer; (2) Failure to perform a baseline measure- ment, including: (i) Affected employers notified or that have identified themselves to Kitsap Transit within ninety (90) days of the effective date of the ordinance codified in this chapter and that do not perform a base- line measurement consistent with the requirements specified by Kitsap Transit within ninety (90) days from the notification or self-identification; and (ii) Affected employers not identified or self-identified within ninety (90) days of the effective date of the ordinance codified in this chapter that do not perform a baseline measurement consistent with the requirements specified by Kitsap Transit within ninety (90) days from the effective date of the ordinance codi- fied in this chapter; (3) Failure to develop and/or submit a com- plete CTR program by the applicable deadlines as stated in this chapter; (4) Failure to implement an approved CTR program, unless the program elements that are carried out can be shown through quantifiable evidence to meet or exceed VMT and drive alone goals as specified in this chapter; (5) Intentionally submitting false or fraudu- lent date in response to survey requirements; (6) Failure to make a good faith effort, as defined in this chapter and in RCW 70.94.534; or (7) Failure to modify an unacceptable CTR program by the applicable deadlines as stated in this chapter. (d) Penalties. As authorized by RCW 70.94.534(5), civil penalties may be imposed as fol- lows: (1) Class I Civil Infraction. Any affected employer violating any provision of this chapter shall be liable for a Class I civil infraction, and submit to civil penalties pursuant to RCW 7.80.120; (2) Separate Offenses. Such affected employer shall be liable for a separate offense for each and every day during any portion of which any violation of this chapter is committed or continued and shall be subject to civil penalties as herein provided; and (3) Union Agreements. An employer shall not be liable for civil penalties if failure to implement an element of a CTR program was the result of an inability to reach agreement with a certified collective bargaining agent under applicable laws where the issue was raised by the employer and pursued in good faith. Unionized employers shall be presumed to act in good faith com- pliance if they: (i) Propose to a recognized union any provision of the employer’s CTR program that is subject to bargaining as defined by the National Labor Relations Act; and (ii) Advise the union of the existence of the Washington State CTR Law, this chapter, and the mandates of the CTR program approved by Kitsap Tran- sit and advise the union that the proposal being made is necessary for compliance with this chapter and state law (RCW 70.94.531). (4) Failure to Reach Goals. No affected employer with an approved CTR program may be held liable for failure to reach the applicable SOV or VMT goals. (Ord. 5223 §1 (part), 2013) 10.20.110 EXEMPTIONS AND GOAL MODIFICATIONS. (a) Worksite Exemptions. An affected employer may submit a request to Kitsap Transit to grant an exemption from all CTR program requirements for a particular worksite. The employer must demonstrate that it would experience undue hardship in complying (Revised 2/14)10.20-8 with the requirements of this chapter as a result of the characteristics of its business, its work force, or its loca- tion(s). An exemption may be granted if and only if the affected employer demonstrates that it faces extraordi- nary circumstances, such as bankruptcy, and is unable to implement any measures that could reduce the propor- tion of drive alone trips and VMT per employee. Exemptions may be granted by Kitsap Transit at any time based on written notice provided by the affected employer. The notice should clearly explain the condi- tions for which the affected employer is seeking an exemption from the requirements of the CTR program. Kitsap Transit shall grant or deny the request within thirty (30) days of receipt of the request. Kitsap Transit shall review annually all employers receiving exemp- tions and shall determine whether the exemption will be in effect during the following program year. (b) Employee Exemptions. Specific employees or groups of employees who are required to drive alone to work as a condition of employment may be exempted from a worksite’s CTR program. Exemptions may also be granted for employees who work variable shifts throughout the year and who do not rotate as a group to identical shifts. Kitsap Transit will use the criteria iden- tified in the CTR Board Administrative Guidelines to assess the validity of employee exemption request. Kit- sap Transit shall grant or deny the request within thirty (30) days of receipt of the request. Kitsap Transit shall review annually all employee exemption requests, and shall determine whether the exemption will be in effect during the following program year. (c) Modification of CTR Program Goals. (1) An affected employer may request that Kitsap Transit modify the employer’s CTR goals. Such request shall be filed in writing at least sixty (60) days prior to the date the worksite is required to submit its program description and annual report. The goal modi- fication request must clearly explain why the worksite is unable to achieve the applicable goal. The worksite must also demonstrate that it has implemented all the elements contained in its approved CTR program. (2) Kitsap Transit will review and grant or deny requests for goal modifications in accordance with procedures and criteria identified in the CTR Board Guidelines. An employer may not request a modifica- tion of the applicable goals until one (1) year after Kit- sap Transit has approved the employer’s initial program description or annual report. (Ord. 5223 §1 (part), 2013) 10.20.120 APPEALS. (a) Appeal of the Assessment of Penalties. An assessment of penalties pursuant to BMC 10.20.100(d) may be appealed to the Municipal Court Hearing Exam- iner pursuant to Chapter 2.62 BMC. (b) Appeal of Final Administrative Decision. A final administrative decision of Kitsap Transit relating to the acceptance, modification or exemption of an affected employer’s CTR program may be appealed using the administrative appellate procedures as fol- lows: (1) Kitsap Transit shall hire and pay for a Hearing Examiner for the sole purpose of hearing appeals brought pursuant to this chapter. (2) Appeals shall be heard within sixty (60) days of the date the notice of appeal is received by the presiding officer; however, no appeal shall be set less than fifteen (15) days after notice of the date for the appeal is mailed by certified mail, return receipt requested, to the party seeking review. (3) The Hearing Examiner will evaluate employers’ appeals of administrative decisions by determining if the decisions were consistent with this chapter, the Washington State CTR Law and the CTR Task Force Guidelines. Appeals may be granted by the CTR Hearing Examiner if the employer can show the violations for which the penalties were imposed occurred for the reasons beyond the control of the employer, or the penalties were imposed for the failure of the employer to revise its CTR program as directed by Kitsap Transit and the employer can demonstrate that measures Kitsap Transit directed the employer to incor- porate in its CTR program are unlikely to reduce the proportion of SOV commute trips and/or VMT per employee. (c) Decision. The decision of the Hearing Exam- iner shall be final. (Ord. 5223 §1 (part), 2013) 11.10-1 (Revised 2/14) Chapter 11.10 SIDEWALKS - DUTIES OF ABUTTING PROPERTY OWNERS Sections: 11.10.010 HAZARDOUS CONDITIONS PROHIBITED. 11.10.020 DUTY TO MAINTAIN, CLEAN AND REPAIR SIDEWALK. 11.10.030 SIDEWALK RELOCATION. 11.10.040 DRIVEWAYS - DECOMMISSIONING AND RECOMMISSIONING. 11.10.050 VIOLATION - PENALTY. 11.10.010 HAZARDOUS CONDITIONS PROHIBITED. (a) It shall be the duty of persons occupying prop- erty abutting on public sidewalks to keep those side- walks free of snow, ice, obstruction or other objectionable thing. It shall be the duty of the owner and/or any person, firm, or corporation occupying or having charge or control of any premises abutting upon any public street, right-of-way, or alley, or beneath such public sidewalk area in the City to construct, place, cause, create, maintain, or permit to remain upon any sidewalk any condition, structure, or object dangerous or hazardous to the use of said sidewalk by the members of the general public including, but not limited to, the following conditions: (1) Defective sidewalk surfaces including, but not limited to, broken or cracked cement, stub-toes, depressions within or between sidewalk joints; (2) Defective cement surfaces placed adjacent to the public sidewalk or defects at the juncture between said cement surfaces and said public sidewalks, includ- ing stub-toes or depressions at said junction; (3) Defects in sidewalks or public ways caused or contributed to by the roots of trees or similar growth or vegetation located either on private adjoining property or on the parking strip portion of any such street right-of-way; (4) Defective conditions caused by tree limbs, foliage, brush or grass on or extending over such public sidewalks or rights-of-way; (5) Defective conditions on the planting strip, unless posted for parking; (6) Defects resulting from accumulation of ice and snow on public sidewalks or on the right-of-way between the curbline or, if there is no curbline, then between the adjacent edge of the traveled portion of the street roadway and the abutting property line; (7) Defects consisting of foreign matter on the public sidewalks including, but not limited to, gravel, oil, grease, or any other foreign subject matter that cause pedestrians using said sidewalk to fall, stumble or slip by reason of the existence of such foreign matter; (8) Defective handrails or fences or other sim- ilar structures within or immediately adjacent to said right-of-way. (b) The term "person occupying property" shall mean owners, tenants, subtenants and licensees who occupy or are entitled to occupy and make general use of property. (1) In the case of apartment houses, rooming houses, courts, and similar buildings, the term "person occupying property" shall mean that person or persons owning or in control and management of the building on the property. (2) In the case of office buildings, duplexes and other property occupied by more than one (1) per- son, firm or family and not included in subsection (b)(1) of this section the term "person occupying property" shall mean each of the owners or occupants of such building whose premises are on the sidewalk level and they shall be responsible for so much of the sidewalk as is adjacent to their premises. (c) For purposes of this section, the term "side- walk" shall mean part of any right-of-way located between the curbline, or if there is no curbline, then between the adjacent edge of the traveled portion of such right-of-way and the abutting property line. (d) Construction or reconstruction of a sidewalk by the abutting property owner may be required when necessary for public safety and convenience pursuant to Chapter 35.69 RCW. (Ord. 5206 §3 (part), 2013: Ord. 4856 §7 (in part), 2003; Ord. 4260 §5, 1990; Ord. 4211 §8, 1989; Ord. 2968 §1, 1971) 11.10.020 DUTY TO MAINTAIN, CLEAN AND REPAIR SIDEWALK. Whenever any public right-of-way in the City has been improved by the construction of a sidewalk along either side thereof, the duty and expense of the mainte- nance, cleaning, repair and renewal of said sidewalk, including the erection or maintenance of suitable barri- ers along the outer margin of said sidewalk where the same is elevated more than two (2) feet above the abut- ting property, shall be upon the owner of the directly abutting property. All such repairs shall be made after application for and issuance of a proper building permit therefor, as required by law, and all of such work to be duly inspected and approved by the City Engineer or designee. (Ord. 5206 §3 (part), 2013: Ord. 4856 §7 (in part), 2003; Ord. 2968 §2, 1971) (Revised 2/14)11.10-2 11.10.030 SIDEWALK RELOCATION. Any person, firm or corporation desiring to change or relocate any sidewalk in front of and abutting its property shall make application in writing to the engi- neering department of the City, and such application shall contain, among others, the exact location of such proposed change or relocation, the location of any new sidewalk to be laid and the connections and locations of other sidewalks upon such street; no change or reloca- tion of any sidewalk shall be made until the issuance of an appropriate permit therefor. (Ord. 5206 §3 (part), 2013: Ord. 4856 §7 (in part), 2003; Ord. 2968 §4, 1971) 11.10.040 DRIVEWAYS - DECOMMISSIONING AND RECOMMISSIONING. The provisions of this section authorize the decom- missioning of driveways not formally abandoned pursu- ant to City right-of-way standards in order to allow street parking on parts of streets fronting the decommis- sioned driveways and further provide for the recommis- sioning of said driveways when appropriate. (a) Decommissioning of Driveways. The owner of the property upon which a driveway is located may apply for a decommissioning of the driveway by the fil- ing of a written request on a form and with the informa- tion required by the Department and by the payment of the required fee set forth in Rate Table G of the City of Bremerton’s rate and fee schedule. Upon meeting these conditions and a determination of the Director that the driveway is no longer required and that the area of the street fronting the driveway may be used for street park- ing, the City will post the area of the street fronting the decommissioned driveway as authorized for street park- ing. (b) Recommissioning of Driveways. The owner of the property upon which a decommissioned driveway is located may apply for a recommissioning of the drive- way. The request shall be made by the filing of a written request on a form and with the information required by the Department and by the payment of the required fee set forth in Rate Table G of the City of Bremerton’s rate and fee schedule. Upon meeting these conditions and a determination of the Director that the driveway may be recommissioned, the City will remove the street signs which authorized parking on the area of the street front- ing the decommissioned driveway. (c) The City may, at any time, remove the street signs which authorized parking on the area of the street fronting the decommissioned driveway and prohibit such parking due to public safety or other related rea- sons. (Ord. 5206 §3 (part), 2013) 11.10.050 VIOLATION - PENALTY. (a) Any violation of any provision of this chapter constitutes a civil violation under Chapter 1.04 BMC for which a monetary penalty may be assessed and abate- ment and/or enforcement may be required as provided therein. (b) In addition to or as an alternative to any other penalty provided in this chapter or by law, any person who violates any provision of this chapter shall 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. 5206 §3 (part), 2013: Ord. 4856 §7 (in part), 2003; Ord. 4733, Reaffirmed, 11/30/2000; Ord. 4680, Amended, 12/17/1999; Ord. 2968 §4, 1971. Formerly 11.10.040) 15.01-1 (Revised 2/14) Chapter 15.01 GENERAL PROVISIONS Sections: 15.01.010 UTILITY OPERATIONS. 15.01.015 STANDARD UPDATES. 15.01.020 DEFINITIONS. 15.01.030 UTILITY SERVICE AGREEMENT. 15.01.040 CONDITIONS OF SERVICE - RETAIL. 15.01.050 CONDITION OF SERVICE - CONTRACT. 15.01.060 PENALTY FOR FALSE INFORMATION. 15.01.070 DEVELOPER SYSTEM IMPROVEMENT - AGREEMENTS. 15.01.080 DEVELOPER SYSTEM IMPROVEMENTS - FEES. 15.01.090 DEVELOPER SYSTEM IMPROVEMENTS - REIMBURSEMENT. 15.01.100 SYSTEM DEVELOPMENT AND CONSTRUCTION STANDARDS. 15.01.110 UTILITY PERMIT REQUIRED. 15.01.010 UTILITY OPERATIONS. It is the purpose of this title to regulate City utility operations so as to provide continued safe and reliable utility service to the residents of the City of Bremerton and to those non-residents the City agrees to serve. It is the City’s policy to provide sufficient revenue from those served through the fees and rates of this title to support the costs of operation, capitalization and debt service of the municipal utilities. Municipal utilities shall include water, wastewater and stormwater systems, and those operations related to the efficient administration of these systems and their assets. (Ord. 4454 §1 (in part), 1994; Ord. 4442 §3, 1993; Ord. 4309 §2 (in part), 1991) 15.01.015 STANDARD UPDATES The Public Works Director or designee is autho- rized to update and revise all Standards in this title as deemed appropriate. (Ord. 5209 §1, 2013) 15.01.020 DEFINITIONS. The terms used in this title shall mean the follow- ing, except where the context otherwise requires: "Active account" shall mean an account that has current usage, billing and payment activity. "Active water service" shall mean that the water meter for the service location has registered consump- tion. "AKART" shall mean all known, available, and reasonable methods of prevention, control, and treat- ment. See also the State Water Pollution Control Act, RCW 90.48.010 and 90.48.520. "As-graded" shall mean the extent of surface condi- tions on completion of grading. "Average daily" shall mean the total quantity divided by the number of days of waste or stormwater discharge or water use by the typical user in a user class. "Backflow" shall mean the flow of water or other liquids, mixtures or substances into the distribution sys- tem of the public water supply from any source or sources other than the intended source. "Backflow prevention device" shall mean a device to counteract back pressure and prevent back siphonage or back flow. "Bulkhead" shall mean a seawall or rock embank- ment constructed along the waterfront to protect the land behind it from erosion by waves and tidal action of the sea. "Caliper" shall mean the diameter of any tree trunk as measured at a height of four (4) feet above the ground on the upslope side of the tree. "Capital costs" shall mean the total costs of physi- cal system improvements (exclusive of repair and replacement costs covered under operation and mainte- nance costs), including, but not limited to, the costs of direct construction, engineering, financing, legal fees, real estate, right-of-way, debt service, and other costs associated with such improvements. "Clearing" shall mean the destruction and removal of vegetation by manual, mechanical, or chemical meth- ods. This definition shall include grubbing vegetation. "Clearing and grading permit" shall mean the writ- ten approval of the City of Bremerton building inspector to proceed with the act of clearing property within the City limits of Bremerton. The clearing and grading per- mit includes the associated approved plans and any con- ditions of approval as well as the permit form itself. "Combined sewer" shall mean a sewer intended to convey sanitary sewage, industrial wastes, and storm and surface water in a single system. "Commercial I" shall mean any user whose busi- ness or nonresidential wastewater discharges whose total suspended solids and biochemical oxygen demand is less than two hundred one (201) mg/l. "Commercial II" shall mean any user whose busi- ness or nonresidential wastewater discharges whose total suspended solids and biochemical oxygen demand ranges from four hundred one (401) to six hundred (600) mg/l. "Commercial III" shall mean any user whose busi- ness or nonresidential wastewater discharges whose (Revised 2/14)15.01-2 total suspended solids and biochemical oxygen demand ranges from two hundred one (201) to four hundred (400) mg/l. The commercial III user shall have some form of pretreatment in place to reduce the discharge strength. The user must have an appropriately sized, properly installed regularly maintained and sufficiently documented type of treatment device in place to help reduce the strength of their sewer discharge. "Commercial business with living units" shall mean a business with residential living units attached; the util- ity rates will be based on the business type. "Commercial property" shall mean a parcel of prop- erty which is developed for nonresidential purposes. "Commercial special" shall mean any user whose business or nonresidential wastewater discharge whose total suspended solids (TSS) and biochemical oxygen demand (BOD) exceeds six hundred one (601) mg/l. These users will be charged for wastewater services on the basis of their specific discharge, which provides equitable recovery of the City’s cost of conveying, own- ing, operating, and maintaining the wastewater treat- ment system, rather than average class strength. "Condo" shall mean an apartment that is individu- ally owned but the land is jointly owned by all home- owners. "Connection fee" shall mean charges made for con- nection to the utility system. The connection fees will include the costs of tapping the water main, sewer main or storm main, installing the service and meter, restoring the surface, and all other costs associated with the phys- ical connection of the customer system to the City utility system. "Construction charge and special fees" shall mean those charges made by the City to cover its unreim- bursed construction costs for installing special facilities not covered by connection fees and general facility fees. "Contract user" shall mean any user who, by virtue of the amount, strength, or location of its discharge or the conditions of service, requires a contractual basis for service to be equitably served. "Creek" shall mean those areas where surface waters flow sufficiently to produce a defined channel or bed. A defined channel or bed is indicated by hydrauli- cally sorted sediments or the removal of vegetative litter or loosely rooted vegetation by the action of moving water. The channel or bed need not contain water year around. This definition is not meant to include stormwa- ter runoff devices or other entirely artificial water- courses unless they are used to store and/or convey pass- through stream flows naturally occurring prior to con- struction. "Critical area" shall mean any area designated as a critical area pursuant to RCW 36.70A.170 and Chapter 20.14 BMC. "Cross connection" shall mean any physical arrangement whereby a public water supply is con- nected, directly or indirectly, with any other water sup- ply system, sewer, drain, conduit, pool, storage reservoir, plumbing fixture, or other device which con- tains or may contain contaminated water, sewage, or other waste or liquids of unknown or unsafe quality that may be capable of imparting contamination to the public water supply as a result of backflow. Bypass arrange- ments, jumper connections, removal sections, swivel or changeover devices, and other temporary or permanent devices through which or because of which backflow could occur are considered to be a cross connections. "Cubic feet (CF)" shall mean cubic feet of measure. "Deactivated meters" shall mean utility accounts where the customer request that water and wastewater services and billing be suspended. The customer will not be billed for water or wastewater services but shall be billed for stormwater services. "Degradation" shall mean deterioration of an area including, but is not limited to, impacts such as sedi- mentation, erosion, and loss of shading, light, and noise. "Department" shall mean the Department of Public Works and Utilities. "Developed lot" shall mean a lot or parcel of land upon which a structure(s) is located, which cannot be more intensively developed pursuant to the Bremerton zoning code, and which cannot be further subdivided pursuant to City subdivision regulations. "Development" shall mean any activity that requires federal, state, or local approval for the use or modification of land or its resource. These activities include, but are not limited to, subdivision and short subdivisions; binding site plans; planned unit develop- ments; variances; shoreline substantial development; clearing activity; excavation; embankment; fill and grade work; converting fallow land or undeveloped land to agricultural purposes; activity conditionally allowed; building or construction; revocable encroachment per- mits; and septic approval. "Development area" shall mean an area where the movement of earth, or a change in the existing soil cover (both vegetative and nonvegetative) and/or the existing soil topography occurs as a result of an applicant’s development plans. "Director" shall mean the Director of Public Works and Utilities or any other duly authorized representative designated by the Director as the person responsible for technical direction of this code. "Drainage basin" shall mean an area from which runoff water collects to be discharged into a stream or other waterbody. "Drainage plan" shall mean a plan for receiving, handling, and transporting stormwater or surface water runoff within the site. "Drip line of a tree" shall mean a line projected to the ground delineating the outermost extent of foliage in all directions. 15.01-3 (Revised 2/14) "Dry season" shall mean the months of May through September. "Duplex" shall mean a residential unit containing two (2) separate dwelling units with any configuration or two (2) dwelling units located on one parcel. "Earth" shall mean the natural mineral and organic material forming the soil and its underlying substance. For the purposes of this chapter, earth shall include sand, gravel, and ledge rock. "Ecology" shall mean the Washington State Department of Ecology. "Emergency" shall mean a situation demanding immediate action with threat to life, property or environ- ment. "Engineered fill" shall mean soil fill, which is wet- ted or dried to near its optimum moisture content, placed in lifts of twelve (12) inches or less and each lift com- pacted to a minimum percent compaction as specified by a geotechnical engineer. "Engineering Design and Construction Standards" shall mean the City of Bremerton’s Standards for Work in Rights-of-Way. "Equivalent residential unit (ERU)" shall mean a unit of measurement equivalent to an average single family residence. This measurement shall be used to determine sewer general facility charges. ERUs cannot be transferred from one property or account to another property or account. "Excavate" shall mean the mechanical removal of earth material, including soil, sand, gravel, rock, con- crete or asphalt. "Existing service" shall mean a functioning water service line or sewer lateral that is physically located at the parcel. "Existing site conditions" shall mean: For developed sites with stormwater facilities that have been constructed to meet the standards in the min- imum requirements of the ordinance codified in this sec- tion, existing site conditions shall mean the existing conditions on the site; For developed sites that do not have stormwater facilities that meet the minimum requirements, existing site conditions shall mean the conditions that existed prior to local government adoption of the ordinance cod- ified in this section. If in question, the existing site con- ditions shall be documented by aerial photograph records, or other appropriate means; For all sites in water quality sensitive areas, existing site conditions shall mean undisturbed forest for the pur- pose of calculating runoff characteristics; and/or For all undeveloped sites outside of water quality sensitive areas, existing site conditions shall mean the existing conditions on the site. "Expanded service" shall mean the increase in water service based on the addition or increase in size in water meter(s) serving the customer, the increase in wastewater service based on equivalent residential units or the increase in stormwater service based on impervi- ous surface units. "Extended line" shall mean a privately financed water, wastewater or stormwater main constructed with the written approval of the Director or their designee. "Fill" means a deposit of earth material placed by artificial means to increase the ground surface elevation or to replace excavated material. "Force main" shall mean a sanitary sewer pressur- ized pipe system used to transfer wastewater from a sewer lift station to the wastewater treatment facility. "Fourplex" shall mean a residential unit containing four separate dwelling units with any configuration or four dwelling units located on one (1) parcel. "General facilities charges (GFC)" shall mean the charge established to reflect the proportionate cost share for existing source, treatment, distribution, transmis- sion, collection, interception, and storage facilities that will be paid on all new and/or expanded utility connec- tions to the City utility. "Geologically hazardous areas" shall mean areas as defined in the City’s Critical Areas Ordinance and includes areas that because of their susceptibility to ero- sion, sliding, earthquake or other geological events are not suited to the siting of commercial, residential or industrial development consistent with public health or safety concerns. "Geotechnical engineer" shall mean a professional engineer currently registered in the state of Washington, qualified by reason of experience and education in the practice of geotechnical engineering, and designated by the owner as the geotechnical engineer of record for the project. "Grading" shall mean the movement of earth mate- rial through mechanical or other means to create the fin- ished surface and contour of a project site. "Ground cover" shall mean a dense covering of small plants such as salal, ivy, ferns, mosses, grasses, or other types of vegetation with a trunk or stem size less than four inches in diameter and which normally cover the ground. "Ground water" shall mean water in a saturated zone or stratum beneath the surface of land or a surface water body. "Grubbing" shall mean the act of removing vegeta- tion by the roots. "Hard surface" means an impervious surface, a per- meable pavement, or a vegetated roof. "Hazardous materials" means any material, includ- ing any substance, waste, or combination thereof, which because of its quantity, concentration, or physical, chemical, or infectious characteristics may cause, or sig- nificantly contribute to, a substantial present or potential hazard to human health, safety, property or the environ- (Revised 2/14)15.01-4 ment when improperly treated, stored, transported, dis- posed of, or otherwise managed. "Health Officer" shall mean the Kitsap Health Dis- trict Health Officer or designee. "Hundred cubic feet (HCF)" shall mean hundred cubic feet of measure. "Hyperchlorinated" means water that contains more than ten (10) mg/l chlorine. "Illicit connection" means any manmade convey- ance that is connected to a municipal separate storm sewer without a permit, excluding roof drains and other similar type connections. Examples include sanitary sewer connections, floor drains, channels, pipelines, conduits, inlets, or outlets that are connected directly to the municipal separate storm sewer system. "Illicit discharge" means any direct or indirect non- stormwater discharge to the City’s storm drain system, except as expressly exempted by this chapter. "Inactive account" shall mean an account that has no current usage, billing or payment activity. "Inactive water service" shall mean that the water meter for the service location has not registered any noticeable consumption. Some of the reasons for inac- tivity would be by a customer’s request, shut off for nonpayment, requested deactivation or the water meter has been removed for non-usage. Industrial User. (See "Commercial special"). "Infiltration" shall mean ground water entering the wastewater or stormwater system through open pipe joints, cracks in manhole walls, and cracked pipe. "Inflow" shall mean rainwater or other clean water that enters the wastewater system through roof leader connections, catch basins, yard and foundation drains, perforated manhole covers, and other openings to the wastewater system. "Impervious/hard surface unit (IHSU)" shall mean a configuration or conglomeration of impervious sur- face. One (1) impervious surface unit (IHSU) is equiva- lent to two thousand five hundred (2,500) square feet of impervious surface area. "Improper stormwater inflow" or "improper con- nection" shall mean any kind of stormwater connection or inflow to the wastewater system prohibited by this chapter including, but not limited to: roof drains, park- ing lot drains, curtain drains, driveway drains and sump pumps. "Roof drains" shall mean any downspout, scupper or device that collects and conveys stormwater runoff from a roof surface; "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 centers, etc; "Driveway drain" shall mean a drain typically located below street grade at the bottom of a sloped driveway; and/or "Sump pump" shall mean a pump that conveys ground water or stormwater runoff to a storm system or to the ground surface. A sump pump that collects and conveys ground water or stormwater runoff from the area outside of the building’s foundation footprint to the wastewater system is an improper connection. A sump pump that collects and conveys ground water or storm- water runoff from the area within the building’s founda- tion footprint is required to be connected to the wastewater system. (Kitsap County Health District code requires sump pumps located within the foundation footprint to be connected to the wastewater system. This is due to the potential for contamination by human waste, detergents or other household chemicals or oils which are not appropriate to discharge into a stormwater system.) "Improved premises" shall mean any area which has been altered such that the runoff from the site is greater than runoff prior to development. "Lakes" shall mean natural or artificial bodies of water of two or more acres and/or where the deepest part of the basin at low water exceeds two meters (6.6 feet). Artificial bodies of water with a recirculation system approved by the public works department are not included in this definition. "Land development permit" shall mean a prelimi- nary or final plat for a single-family residential develop- ment; a building permit; site plan; preliminary or final planned unit development plan. "Lateral sewer" shall mean a sanitary sewer con- structed within a public right-of-way between the main- line/trunk sewer and the right-of-way line in accordance with current Engineering Design and Construction Stan- dards. "Low impact development (LID)" shall mean a stormwater and land use management strategy that strives to mimic predisturbance hydrologic processes of infiltration, filtration, storage, evaporation and transpi- ration by emphasizing conservation, use of on-site natu- ral features, site planning, and distributed stormwater management practices that are integrated into a project design. Mainline Sewer. (See "Trunk sewer"). "Mechanical equipment" shall mean all motorized equipment used for earth moving, trenching, excava- tion, gardening, landscaping, and general property maintenance exceeding twelve (12) horsepower in size. "Multifamily units" shall mean a parcel of property which has been legally developed with more than two (2) residential living units. "Municipal separate storm sewer system (MS4)" means a conveyance or system of conveyances, includ- 15.01-5 (Revised 2/14) ing roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, manmade channels, or storm drains, which are: (a) Owned or operated by the City of Bremerton; (b) Designed or used for collecting or conveying stormwater; and (c) Not part of a publicly owned treatment works (POTW) and not a combined sewer. "National pollutant discharge elimination system (NPDES) stormwater discharge permit" shall mean a permit issued by the Environmental Protection Agency (EPA) (or by the Washington Department of Ecology under authority delegated pursuant to 33 USC Section 1342(b)) that authorizes the discharge of pollutants to waters of the United States, whether the permit is appli- cable on an individual, group, or general area-wide basis. "Native growth area" shall mean a restrictive area where all native, predevelopment vegetation shall not be disturbed or removed except for removal pursuant to an enhancement program approved pursuant to this chapter or to remove dead or diseased vegetation. The purpose of the area is to protect steep slopes, slopes with erosion potential, landslide and seismic hazards, creeks, wet- lands and/or riparian corridors, wildlife, and areas shown on the environmentally sensitive areas map. This area shall be defined during the development review process and shown on the recorded plat, short plat or approved site plan. "Natural location" shall mean the location of those channels, swales, and other non-manmade conveyance systems as defined by topographic contours existing for the subject property, as defined from maps or photo- graphs, or such other historical means as appropriate. "New development" shall mean the following activities: land disturbing activities, structural develop- ment, including construction, installation or expansion of a building or other structure; creation of impervious and hard surfaces; Class IV - general forest practices that are conversions 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 commer- cial agriculture are not considered new development. "Non-stormwater discharge" shall mean any dis- charge to the storm drain system that is not composed entirely of stormwater. "Notice of intent for construction activity" means the application form for coverage under the construction stormwater general permit. "Occupied property" shall mean real property on which a structure exists that is being served and being billed by an existing or temporary utility facility. "Open space" shall mean land set aside for public or private use within a development that is not built upon. "Operation and maintenance costs (O & M costs)" shall mean the total cost of operating and maintaining the utility system, including, but not necessarily limited to, costs for labor, supplies and materials, utility ser- vices, vendor services, equipment usage, testing, taxes and assessments. "Outfall" shall mean point source as defined by 40 CFR 122.2 at the point where a discharge leaves the MS4 and discharges to waters of the state. Outfall does not include pipes, tunnels, or other conveyances which connect segments of the same stream or other surface waters and are used to convey primarily surface waters (i.e., culverts). "Partially developed lot" shall mean a lot or parcel of land upon which a structure is located and which is of sufficient area so as to be capable of accommodating additional development pursuant to the Bremerton zon- ing code; or which may be subdivided in accordance with the City of Bremerton subdivision chapter. "Permanent stormwater quality control plan (PSQC)" shall mean 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. "Permeable" shall mean soil or other material that allows the infiltration or passage of water or other liq- uids. "Permeable pavement" shall mean pervious con- crete, porous asphalt, permeable pavers or other forms of pervious or porous paving material intended to allow passage of water through the pavement section. It often includes an aggregate base that provides structural sup- port and acts as a stormwater reservoir. "Permit" shall mean a written legal authorization to conduct an action. "Person" shall mean any individual, association, organization, partnership, firm, corporation or other entity recognized by law and acting as either the owner of a premises or as the owner’s agent. "Pervious surface" shall mean any surface material that allows stormwater to infiltrate into the ground. Examples include lawn, landscape, pasture, native veg- etation areas, and permeable pavements. "Pollution" shall mean contamination or other alter- ation of the physical, chemical, or biological properties of waters of the state, including change in temperature, taste, color, turbidity, or odor of the waters, or such dis- charge 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 harmful, det- rimental or injurious to the public health, safety or wel- fare, or to alter the ecosystem so as to endanger domestic, commercial, industrial, agricultural, recre- ational, or other legitimate beneficial uses, or to live- stock, wild animals, birds, fish or other aquatic life. Further defined in the Washington State Surface Water Quality Standards (Chapter 173-201A WAC), Ground Water Quality Standards (Chapter 173-200 WAC), Sed- (Revised 2/14)15.01-6 iment Management Standards (Chapter 173-204 WAC), or human health-based criteria in the national Toxics Rule (Federal Register, Vol. 57, NO. 246, Dec. 22, 1992, pages 60848-60923). "Premises" shall mean a single tract of land, build- ing, or portion of a building under a single control and ownership. "Pressure line" shall mean a sanitary sewer through which wastewater must be forced by pumping or gravity pressure to a point of collection. "Public utilities construction agreement (PUCA)" shall mean an agreement between the City, the devel- oper, and the developer’s contractor to construct utility improvements to serve a proposed development. "Publicly owned treatment works (POTW)" shall mean any device or system used in treatment of munic- ipal sewage or industrial wastes of a liquid nature which is publicly owned. "Reimbursement agreement" shall mean an agree- ment entered into between the installer of a utility facil- ity and the Department for the purpose of reimbursing the installer for all or part of the costs for installation or extension of the utility system by subsequent develop- ment for the facility defined in the agreement. "Removal" shall mean the actual destruction or causing the effective destruction through damaging, poisoning or other direct or indirect actions resulting in the death of a tree or ground cover. "Rockery or rock wall" shall mean one or more courses of large rocks stacked near vertical in front of an exposed soil face to protect the soil face from erosion and sloughing. "Routine landscape maintenance" shall mean prun- ing, weeding, planting annuals, mowing turf lands and ground cover management which is undertaken by a person in connection with the normal maintenance and repair of property. This definition does not include fall- ing or topping of trees or removal of invasive plants resulting from lack of regular maintenance. "Sanitary 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. "Sanitary sewer" shall mean only those portions of the utility system which are designated to carry, trans- port, or dispose of wastewater. "Sedimentation" shall mean the process of gravity- induced settling, sinking and deposition of fragmented rock, soil, or organic particles displaced, transported, and deposited by erosive water-based processes. "Septage waste" shall mean waste material pumped from an on-site wastewater disposal system such as a septic tank or cesspool or holding tank. "Siltation" shall mean deposition of soil, sand, and gravel on the surface or in stormwater conveyance sys- tems as a result of erosion in tributary areas and trans- port by runoff water. "Single-family parcel or unit" shall mean a parcel which has been developed with a single-family living unit. "Site" shall mean the portion of a piece of property which is directly subject to development. "Slope" shall mean the inclination of a surface expressed in a ratio of horizontal run to vertical rise measured as a numerical ratio, percent, or in degrees. Expressed as a ratio, the first number is the horizontal distance (run) and the second 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. "Standard construction costs" shall mean the total cost of installation of a utility piping system, including the cost of all manholes, distribution system, or inciden- tal work necessary to place the utility system in service, meeting the minimum size and installation requirements of the utility for the intended service. "Standard gravity sanitary sewer" shall mean a san- itary trunk sewer conveying flow to a point of collection without pumping and constructed in accordance with current Engineering Design and Construction Stan- dards. "Standard gravity sewer connection" shall mean a connection made to a gravity trunk or lateral sanitary sewer of the City, except those City sewer lines located on the waterfront or pressure sewer line. "Standard stormwater sewer" shall mean a storm- water line not less than twelve (12) inches in diameter and constructed in accordance with current Engineering Design and Construction Standards. "Standard water main" shall mean a water distribu- tion line constructed in accordance with current Engi- neering Design and Construction Standards. "Standards" shall mean the current Engineering Design and Construction Standards for the City of Bremerton. "Stormwater management manual" or "stormwater manual" shall mean the latest version of the Washington Department of Ecology Stormwater Management Man- ual for Western Washington, Kitsap County Stormwater Management Manual and the Low Impact Development (LID) Guidance Manual for Kitsap County, Low Impact Development Technical Guidance Manual for Puget Sound (LID Manual) by Washington State University and Puget Sound Partnership and such other standards 15.01-6.1 (Revised 2/14) incorporated in the "Engineering Design and Construc- tion Standards." "Stormwater pollution prevention plan (SWPPP)" shall mean a report containing a narrative and drawings used to explain and justify the pollution prevention deci- sions made for a particular project. The narrative con- tains concise information concerning existing site conditions, construction schedules, and other pertinent items that are not contained on the drawings. The draw- ings and notes describe where and when the various BMPs should be installed, the performance the BMPs are expected to achieve, and actions to be taken if the performance goals are not achieved. It also means a doc- ument which describes the best management practices and activities to be implemented by a person to identify sources of pollution or contamination at a premises and the actions to eliminate or reduce pollutant discharges to stormwater, stormwater conveyance systems, and/or receiving waters to the maximum extent practicable. "Stormwater site plan" shall mean a comprehensive site plan and report containing all of the technical infor- mation and analysis necessary for the City of Bremerton to evaluate a proposed new development or redevelop- ment project for compliance with the Bremerton Munic- ipal Code, and the Stormwater Manual. Contents of the stormwater site plan will vary with the type and size of the project, and individual site characteristics. "Stormwater system" shall mean all facilities for collecting, transporting, pumping, treating and dis- charging stormwater. "Sub-basin" shall mean the smallest unit into which the land surface is subdivided for hydrologic study pur- poses. "SWMMWW" shall mean the current version of the Washington State Department of Ecology’s Stormwater Management Manual for Western Washington. "Townhouse" shall mean a row of homes that share common walls but ownership includes the land to each individual owner. "Tree" shall mean any living woody plant charac- terized by one main stem or trunk and many branches and having a caliper of four inches or greater, or a multi- stemmed trunk system with a definitely formed crown. "Triplex" shall mean a multifamily residential unit containing three separate dwelling units with any con- figuration or three dwelling units located on one parcel. "Undeveloped parcel" shall mean any parcel of real property that has no structure or improvement requiring utility service or has not been altered by grading or fill- ing of the ground surface, or by construction of any improvement or other impervious surface area that affects the hydraulic properties of the parcel. "Uniform Plumbing Code (UPC)" shall mean the latest version of the Uniform Plumbing Code that has been accepted by the City of Bremerton. "User" shall mean any person, business, or institu- tion owning or controlling property for which utility ser- vice is provided and who is responsible for an account. "User parcel" shall mean any parcel of land within the utility service area to which water, wastewater, or stormwater service is currently provided or to which a charge is imposed therefor, or any other land with any significant manmade impervious surface. "Utility" shall mean the water, wastewater, and stormwater utility systems of the City. "Utility service agreement (USA)" shall mean an agreement that the person requesting utility service signs, which constitutes a contract with the utility. "Utility service rates" shall mean the rates charged for services. These will include the zero usage fixed fees which are for the maintenance and repair of the utility infrastructure and commodity charge for usage. Based on service location, other associated rates, fees and charges may be applied to the customer’s account. "Wastewater" shall mean liquid wastes, and all con- stituents dissolved or suspended therein, discharged by residential, commercial, or industrial users of the waste- water facilities system. "Wastewater" is essentially syn- onymous with the term "sewage." "Wastewater system" shall mean all facilities for collecting, transporting, pumping, treating, and dispos- ing of sewage, including sludge utilization. "Water meter" shall mean a device used to measure and record the amount of water flowing through a pipe. "Water system" shall mean all facilities for treat- ment, storage, pumping, transmission and distribution of water. "Watershed" shall mean 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. "Wet season" shall mean the months of October through April. "Wetlands" shall mean 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 prevalence of vegetation typically adopted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas. "Wetponds" shall mean drainage facilities for water quality treatment that contain permanent pools of water that are filled during the initial runoff from a storm event. They are designed to optimize water quality by providing retention time in order to settle out particles of fine sediment to which pollutants such as heavy metals absorb. They also allow biologic activity to occur that metabolizes nutrients and organic pollutants. (Ord. 5209 §2, 2013) (Revised 2/14)15.01-6.2 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 premises 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) 15.01.060 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- 15.04-1 (Revised 2/14) Chapter 15.04 STORMWATER Sections: 15.04.010 PURPOSE. 15.04.020 ADOPTION OF MANUALS. 15.04.030 DEFINITIONS. 15.04.040 STORMWATER COMPREHENSIVE PLAN. 15.04.050 STORMWATER MANAGEMENT PROGRAM (SWMP) 15.04.060 SERVICE AREA. 15.04.070 REGULATED ACTIVITIES. 15.04.080 EXEMPTIONS. 15.04.090 STORMWATER SYSTEMS/ENGINEERING DESIGN AND CONSTRUCTION STANDARDS GENERAL. 15.04.100 LOW IMPACT DEVELOPMENT - ALTERNATIVE STANDARDS. 15.04.110 SERVICE CONNECTIONS. 15.04.120 ON-SITE PRIVATE DEVELOPMENT OR REDEVELOPMENT IMPROVEMENTS. 15.04.130 STORM DRAINAGE SAMPLING STATIONS. 15.04.140 ABATEMENT OF NONCONFORMING, UNAUTHORIZED OR UNSAFE CONDITIONS. 15.04.150 STORMWATER SYSTEM OPERATION AND MAINTENANCE. 15.04.160 CONSTRUCTION AND MAINTENANCE OF PRIVATE STORMWATER FACILITIES. 15.04.170 INTERRUPTION OF SERVICE. 15.04.180 CHANGED SITE CONDITIONS. 15.04.190 PROHIBITED ACTS. 15.04.200 ELIMINATION OF IMPROPER STORMWATER INFLOW TO THE WASTEWATER SYSTEM. 15.04.210 VIOLATION ENFORCEMENT - PENALTY. 15.04.010 PURPOSE. This chapter establishes availability, conditions of service, system improvement requirements, and the operation and maintenance of the stormwater utility sys- tem for the collection and treatment of surface drainage. (Ord. 5209 §3 (part), 2013) 15.04.020 ADOPTION OF MANUALS. The following manuals are hereby adopted by ref- erence as currently published and as hereinafter amended: (a) Department of Ecology Stormwater Manage- ment Manual for Western Washington; (b) Kitsap County Stormwater Management Man- ual; (c) Low Impact Development (LID) Guidance Manual for Kitsap County; (d) Low Impact Development Technical Guidance Manual for Puget Sound (LID Manual) by Washington State University and Puget Sound Partnership; and (e) City of Bremerton Standards of Work in the Rights-of-Way (Engineering Design and Construction Standards). (Ord. 5209 §3 (part), 2013) 15.04.030 DEFINITIONS. In addition to definitions set forth in BMC 15.01.020, the definitions set forth in the manuals adopted in BMC 15.04.020 are hereby incorporated. If definitions in BMC 15.01.020 conflict with defi- nitions in the manuals, the definitions set forth in BMC 15.01.020 shall prevail. (Ord. 5209 §3 (part), 2013) 15.04.040 STORMWATER COMPREHENSIVE PLAN. A Stormwater Comprehensive Plan shall be devel- oped by the Department meeting the provisions of RCW 35.67.030. The Plan shall be approved by the Mayor, adopted by the City Council and administered by the Director. (Ord. 5209 §3 (part), 2013) 15.04.050 STORMWATER MANAGEMENT PROGRAM (SWMP) A Stormwater Management Program shall be administered by the City of Bremerton pursuant to the Western Washington Phase II Municipal Stormwater NPDES Permit currently in effect and issued by the Washington State Department of Ecology in compli- ance with provisions of the State of Washington Water Pollution Control Law Chapter 90.48 RCW and the Fed- eral Water Pollution Control Act (the Clean Water Act) Title 33 United States Code, Section 1251 et seq. (Ord. 5209 §3 (part), 2013) 15.04.060 SERVICE AREA. Stormwater service is considered available to all of the public and private property within the City of Bremerton. Stormwater service area includes all public and private properties within the City of Bremerton through either natural drainages, direct discharge to receiving water or constructed conveyance systems. Service is considered available for all properties in the City of Bremerton however storm drainage mitigation (Revised 2/14)15.04-2 may be required pursuant to BMC 15.04.070. (Ord. 5209 §3 (part), 2013) 15.04.070 REGULATED ACTIVITIES. Consistent with the minimum requirements con- tained in this section, the City shall approve or disap- prove the following activities, unless exempted in BMC 15.04.080: (a) New development; (b) Redevelopment; (c) Construction site activities; and (d) Property maintenance, repair or replacement activities meeting specific thresholds as defined by SWMMWW. (Ord. 5209 §3 (part), 2013) 15.04.080 EXEMPTIONS. Commercial agriculture, and forest practices regu- lated under WAC Title 222, except for Class IV - gen- eral forest practices that are conversions from timber land to other uses, are exempt from the provisions of this section. Development undertaken by the Washington State Department of Transportation in state highway rights- of-way is regulated by Chapter 173-270 WAC, the Puget Sound Highway Runoff Program. All other new development and redevelopment is subject to the minimum requirements of this chapter. (Ord. 5209 §3 (part), 2013) 15.04.090 STORMWATER SYSTEMS/ENGINEERING DESIGN AND CONSTRUCTION STANDARDS GENERAL. All stormwater sewers and appurtenances shall be installed by the Department or a contractor in accor- dance with the manuals adopted in BMC 15.04.020. A covenant and/or easement shall be recorded with the Kitsap County Auditor’s office for each property containing or served by stormwater drainage facilities. This covenant/easement shall be in a form approved by the City Attorney. The covenant/easement shall identify requirements and liability for preservation and mainte- nance of LID facilities approved under this chapter and privately held in individual or undivided ownership or intended for public ownership, shall restrict conversion of LID facilities, and shall grant the City access to LID facilities on private property to allow inspection, main- tenance, and repair as required. (Ord. 5209 §3 (part), 2013) 15.04.100 LOW IMPACT DEVELOPMENT - ALTERNATIVE STANDARDS. (a) The City encourages low impact development (LID) best management practices (BMPs), as an alterna- tive to conventional stormwater management systems that rely on detention ponds and closed conveyance. LID is intended to manage runoff close to the source of generation and to mimic the predeveloped hydrologic condition of a site. (b) LID is accomplished first through minimizing the impervious surface coverage and second by manag- ing runoff through dispersion, infiltration, evapotranspi- ration, or a combination of these approaches. Use of LID BMPs may reduce or eliminate the need for con- ventional detention facilities but does not remove the obligation to comply with the minimum requirements of the Stormwater Manual. (c) A variety of BMPs to minimize impervious surfaces and to manage stormwater have been devel- oped and tested for use in Western Washington. These BMPs and the overall LID approach are described in the LID Manual. (d) The menu of LID BMPs identified in the LID Guidance Manual are accepted by the City for use in stormwater site plans to address the minimum require- ments for flow control and runoff treatment in this chap- ter, subject to the specifications, performance standards, and design criteria in the LID Manual and review and approval under this chapter. (e) A covenant and/or easement shall be recorded with the Kitsap County Auditor’s office for each prop- erty containing or served by storm drainage facilities. This covenant/easement shall be in a form approved by the City Attorney. The covenant/easement shall identify requirements and liability for preservation and mainte- nance of low impact development facilities approved under this chapter and privately held in individual or undivided ownership or intended for public ownership, shall restrict conversion of LID facilities, and shall grant the City access to low impact development facilities on private property to allow inspection, maintenance, and repair. (Ord. 5209 §3 (part), 2013) 15.04.110 SERVICE CONNECTIONS. All service connections shall be in accordance with the Engineering Design and Construction Standards as adopted in BMC 15.04.020. A service connection shall extend from the property and to the stormwater drainage system and shall be maintained by the property owner. IHSUs cannot be transferred from one property or account to another property or account. (Ord. 5209 §3 (part), 2013) 15.04.120 ON-SITE PRIVATE DEVELOPMENT OR REDEVELOPMENT IMPROVEMENTS. All new or redevelopment projects shall provide on-site water quality and quantity improvements to include conveyance facilities, retention/detention ponds, under-drains, infiltration facilities, or other on- site stormwater drainage facilities necessary to mitigate 15.04-3 (Revised 2/14) any increase in stormwater runoff, control off-site dis- charge of stormwater and provide stormwater quality treatment. All storm drainage improvements shall be in accordance with the Engineering Design and Construc- tion Standards and the Bremerton Municipal Code. On-site facilities shall be regularly maintained, cleaned, serviced and repaired by the owner. Any facil- ity that has not been serviced or maintained and is not functioning as designed is nonconforming pursuant to City standards and will be subject to abatement under BMC 15.04.080. Constructed facilities shall not be removed. (Ord. 5209 §3 (part), 2013) 15.04.130 STORM DRAINAGE SAMPLING STATIONS. When required by the Department, the property owner shall install and maintain at their expense, a storm drainage sampling station down stream from the private stormwater drainage facilities to facilitate observation, sampling, and measurement of surface drainage and stormwater flows prior to discharge into the City’s storm drainage system. The storm drainage sampling station shall be located as approved by the Department and constructed in accordance with Standards. (Ord. 5209 §3 (part), 2013) 15.04.140 ABATEMENT OF NONCONFORMING, UNAUTHORIZED OR UNSAFE CONDITIONS. The Department shall be responsible for the integ- rity, safety, and continuity of the stormwater system. As a condition of the Utility Service Agreement, the prop- erty owner shall grant the Department the authority to make inspections at any reasonable time. The Director or their designee may enter onto such property to inspect conditions or to perform any duties imposed upon the Department by this code, provided the Department shall first make reasonable efforts to contact the owner or per- son responsible for such property. The Department shall have recourse to every rem- edy provided by law to secure entry and abate noncon- forming, illegal, unauthorized, or unsafe conditions. Such remedies may include, but not be limited to, secur- ing property owner’s correction; revocation, suspen- sion, or discontinuation of service, permits, or authorizations; removal, reconstruction, replacement, or alteration of unauthorized condition; or all other powers and remedies that may be available under this title, and regulations and procedures adopted hereunder. Expense incurred by the stormwater utility in abating such condi- tions shall constitute a civil debt owed to the stormwater utility and will be collected from the owner, in accor- dance with the current assessments, rates, fees and charges. (Ord. 5209 §3 (part), 2013) 15.04.150 STORMWATER SYSTEM OPERATION AND MAINTENANCE. The Department shall be responsible for the opera- tion, maintenance and repair of the stormwater system and appurtenances under its jurisdiction and located within the public right-of-way, dedicated utility ease- ments and City owned property. The Department shall not be responsible for servicing private systems con- nected to the City’s stormwater main line, except as pro- vided in this chapter. When maintenance, repair, or replacement of pub- licly-owned facilities is required, due to user activities resulting in unsafe, nonconforming, or unauthorized conditions as set forth in this section, the City shall hold the responsible party liable for all costs of repairs, replacement, and inspection, and any other cost incurred to the City as a result of such activities. (Ord. 5209 §3 (part), 2013) 15.04.160 CONSTRUCTION AND MAINTENANCE OF PRIVATE STORMWATER FACILITIES. (a) All stormwater facilities required under this chapter shall be constructed and maintained as set forth in the Stormwater Management Manual and the permits and/or approvals of the City. (b) Maintenance of Private Stormwater Facilities. (1) The person or persons holding title to the property and the applicant required to construct a storm- water facility shall remain responsible for the facility’s continual performance, operation, and maintenance in accordance with the standards and requirements of the Stormwater Management Manual, this chapter, and the permits and/or approvals of the City and shall remain responsible for any liability as a result of these duties. Language designating the responsible parties shall be printed on the face of the plat documents, covenant, easement or other agreement recorded with the Kitsap County Auditor’s office for each property containing or served by said stormwater drainage facilities. This cov- enant/easement shall be in a form approved by the City Attorney. (2) The City shall have authority to periodi- cally enter upon the property and inspect the facilities to ensure such compliance and to issue orders requiring maintenance and/or repair. In event that the titleholders or other responsible parties do not effect such mainte- nance and/or repairs, the City may perform such work, and the cost thereof shall be recoverable by the City from said titleholders or other responsible parties and/or by filing a lien against the property. (3) When an inspection identifies an exceed- ence of the maintenance standard or a nonconforming, (Revised 2/14)15.04-4 unauthorized condition, maintenance/repair shall be performed in accordance with the following schedule: i. Within one (1) year for typical main- tenance of facilities, except catch basins. ii. Within six (6) months for typical maintenance. iii. Within two (2) years for maintenance that requires capital construction of less than twenty- five thousand dollars ($25,000). (Ord. 5209 §3 (part), 2013) 15.04.170 INTERRUPTION OF SERVICE. Stormwater service may be temporarily discontin- ued in an emergency without notice to customers or for the purpose of making repairs, extension, or any other necessary work. Whenever reasonable, and in cases where it has advance knowledge, the Department will provide notice of such emergency using appropriate methods of com- munication. The City shall not be held responsible for any dam- age to a private property resulting from interruption, failure of the stormwater system, or failure of the prop- erty owner to comply with provisions of this code. (Ord. 5209 §3 (part), 2013) 15.04.180 CHANGED SITE CONDITIONS. When an alteration to an existing parcel of property requires a building or grading permit, a new stormwater Utility Service Agreement shall be required if any exist- ing stormwater connections do not meet the current Engineering Design and Construction Standards. How- ever, this requirement shall only apply if the improve- ment can be installed for twenty-five percent (25%) or less of the total improvement cost of the project or, if in the judgment of the Director, the improvements are nec- essary to protect other upstream and downstream prop- erties. (Ord. 5209 §3 (part), 2013) 15.04.190 PROHIBITED ACTS. Violations under this section shall be punishable as a misdemeanor and subject to conditions of BMC 15.04.210 unless otherwise indicated: (a) Unlawful Tampering. It shall be unlawful for any person, unless duly authorized by the Department, to disturb, interfere with, or damage any stormwater facilities, including pipe, machinery, tools, buildings, improvements, or other appurtenances belonging to, connected with, or under the control of the Department. (b) Prohibited Discharges. (1) No person shall throw, drain, or otherwise discharge, cause or allow others under his/her control to throw, drain or otherwise discharge into the municipal storm drain system any materials other than stormwater. (2) Examples of prohibited contaminants include but are not limited to the following: Acids, alkalis, or bases; Animal carcasses; Antifreeze and other automotive products; Bark and other fibrous materials; Batteries; Chemicals not normally found in uncon- taminated water; Chlorine, bromine, or other disinfectants; Construction materials; Degreasers and/or solvents; Domestic animal wastes; Drain cleaners; Dyes, unless approved by the City; Flammable or explosive materials; Food wastes; Heated water; Lawn clippings, leaves, or branches; Metals in either particulate or dissolved form; Paints, stains, resins, lacquers, or var- nishes; Pesticides, herbicides, or fertilizers; Petroleum products including but not lim- ited to oil, gasoline, grease, fuel oil and heating oil; Radioactive material; Recreational vehicle waste; Sewage; Silt, sediment, concrete, cement or gravel; Soaps, detergents, or ammonia; Steam cleaning wastes; Swimming pool cleaning wastewater or filter backwash; Trash or debris; Any other process-associated discharge except as otherwise allowed in this section; and Any hazardous material or waste not listed above. (c) Allowable Discharges. The following types of discharges shall not be considered illegal discharges for the purposes of this chapter unless the City determines that the type of discharge, whether singly or in combina- tion with others, is causing or is likely to cause pollution of surface water or groundwater: Air conditioning condensation; Discharges from emergency fire-fighting activities; Diverted stream flows; Flows from riparian habitats and wetlands; Footing drains; Foundation drains; Irrigation water from agricultural sources that is commingled with urban stormwater; 15.04-5 (Revised 2/14) Rising ground waters; Springs; Uncontaminated ground water infiltration as defined in 40 CFR 35.2005(20); and Uncontaminated pumped ground water. (d) Conditional Discharges. The following types of discharges shall not be considered illegal discharges for the purposes of this chapter, if they meet the stated conditions, or unless the City determines that the type of discharge, whether singly or in combination with others, is causing or is likely to cause pollution of surface water or groundwater: (1) Potable water, including water from water line flushing, hyper chlorinated water line flushing, fire hydrant system flushing, and pipeline hydrostatic test water. These planned discharges shall be de-chlorinated to a concentration of 0.1 ppm or less, pH-adjusted, if necessary and in volumes and velocities controlled to prevent re-suspension of sediments in the stormwater system. (2) Lawn watering and other irrigation runoff. These types of discharges shall be permitted if the amount of runoff is minimized through water conserva- tion efforts. (3) De-chlorinated swimming pool dis- charges. These discharges shall be de-chlorinated to a concentration of 0.1 ppm or less, pH-adjusted and reox- ygenized if necessary, volumetrically and velocity con- trolled to prevent re-suspension of sediments in the stormwater system. (4) Street and sidewalk wash water, water used to control dust, and routine external building wash down that does not use detergents. These discharges shall be permitted, if the amount of street wash and dust control water used is minimized. At active construction sites, street sweeping must be performed prior to wash- ing the street. (5) Non-stormwater discharges covered by another NPDES permit. These discharges shall be in full compliance with all requirements of the permit, waiver, or order and other applicable laws and regulations. (6) Other non-stormwater discharges. These discharges shall be in compliance with the requirements of a stormwater pollution prevention plan (SWPPP) reviewed and approved by the City, which addresses control of such discharges by applying AKART to pre- vent contaminants from entering surface or ground water. (e) Prohibited Connections. (1) The construction, use, maintenance, or continued existence of illicit connections to the storm- water system is prohibited. (2) This prohibition expressly includes, with- out limitation, illicit connections made in the past, regardless of whether the connection was permissible under law or practices applicable or prevailing at the time of connection. (3) A person is considered to be in violation of this section, if the person connects a line conveying sew- age to the MS4 or allows such a connection to continue. (f) Any discharge that exceeds the following daily maximum pollutant limits: (Ord. 5209 §3 (part), 2013) 15.04.200 ELIMINATION OF IMPROPER STORMWATER INFLOW TO THE WASTEWATER SYSTEM. (a) Purpose. The purpose of this section is to sig- nificantly reduce improper stormwater inflow to the wastewater system in order to eliminate or reduce instances of combined sewer overflow events and sur- charged sanitary sewers due to the improper inflows, which are detrimental to public health and welfare; and to maximize efficient operation of the wastewater col- lection system and treatment plant. (b) Stormwater connections to the wastewater sys- tem are prohibited, as of January 1, 2005. A property that maintains a stormwater connection after January 1, 2005, is charged a fee for the connection pursuant to BMC 15.06.050(b), Rates - Stormwater - Improper Stormwater Inflow to Wastewater System. (c) Director’s Authority to Order Disconnection. (1) Purpose. The Director has the authority to order the disconnection of improper stormwater inflow to the wastewater system where that disconnection is necessary to meet combined sewer overflow reduction and elimination of sanitary sewer surcharging. The Ammonia 50.0 mg/L Arsenic 0.10 mg/L Cadmium 0.10 mg/L Chromium (hexavalent) 0.25 mg/L Chromium (total) 1.0 mg/L Copper (total) 0.75 mg/L Cyanide (free) 0.20 mg/L Cyanide (total) 0.64 mg/L Lead 0.25 mg/L Mercury (total) 0.010 mg/L Molybdenum 1.0 mg/L Nickel 0.60 mg/L Selenium 0.10 mg/L Silver (total) 0.20 mg/L Zinc 2.0 mg/L (Revised 2/14)15.04-6 order of disconnection will generally be in target areas as defined elsewhere in this section. (2) Notice. Director’s order of disconnection will be provided in writing and will establish an effec- tive date by which the improper stormwater inflow shall be discontinued. The effective date shall be no sooner than ninety (90) days from the date of the letter. The effective date may be extended in writing by the Direc- tor. (d) Target Areas. The Director may identify target areas within the wastewater service area (sewer or storm drainage basins or sub-basins) which have the highest priority for reduction of improper stormwater inflow to the wastewater system based upon combined sewer overflow events and sanitary sewer surcharge problems. (e) Abatement of Improper Stormwater Inflow. Whenever an improper stormwater inflow to the waste- water system exists subsequent to the disconnection requirements specified elsewhere in this section, the Director may abate the condition including: reconstruc- tion, replacement or removal on public or private prop- erty as specified elsewhere in this chapter. (Ord. 5209 §3 (part), 2013) 15.04.210 VIOLATION ENFORCEMENT - PENALTY (a) Any violation of any provision of this title con- stitutes a civil violation under Chapter 1.04 BMC for which a monetary penalty may be assessed and abate- ment may be required as provided therein. (b) In addition to or as an alternative to any other penalty provided in this chapter or by law, any person who violates any provision of this title shall be guilty of a misdemeanor pursuant BMC 1.12.020, Penalties. (Ord. 5209 §3 (part), 2013) 15.06-1 (Revised 2/14) Chapter 15.06 ASSESSMENTS, RATES, FEES AND CHARGES Sections: 15.06.010 PURPOSE. 15.06.015 ASSESSMENTS, RATES, FEES AND CHARGES - ESTABLISHED. 15.06.020 ASSESSMENTS. 15.06.025 SEWER CONSERVATION LOAN PROGRAM. 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 ASSESSMENTS, RATES, FEES AND CHARGES - ESTABLISHED. Assessments, rates, fees and charges for services relating to the Department of Public Works and Utilities for water, wastewater, stormwater and other related ser- vices are established by resolution or ordinance and are on file with the City Clerk and may be posted or linked on the City of Bremerton’s website.* (Ord. 5131 §1, 2010: 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) * Code reviser’s note: The link to the Rates and Fees page of the City website is: http://www.ci.bremerton.wa.us/display.php?id=1136. The link to the Utility Rates Table is: http://www.ci.bremerton.wa.us/forms/city/UtilityRates.pdf. 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 2/14)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 1 0 - 330 2 331 - 660 3 661 - 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. 15.06-5 (Revised 2/14) Ord. 4454 §1 (in part), 1994; Ord. 4309 §2 (in part), 1991) 15.06.025 SEWER CONSERVATION LOAN PROGRAM. (a) Property owners who meet the requirements of this section may qualify for a loan known as a sewer conservation loan pursuant to RCW 35.67.360. A sewer conservation loan under this section is a loan from the City to a property for all, or a portion, of the GFC estab- lished under BMC 15.06.020 and any inspection fees related to connection to the City’s sewer system. The principal amount of the loan authorized by this section shall not exceed the amount of the GFC, together with inspection fees. (b) In order for a property owner to qualify for a loan under this section, the property to which the con- nection is to be made must be: (1) Within the City’s sewer service area; (2) A developed lot with an existing single- family home; and (3) Served by a septic system that has been designated as a failed septic system by the Kitsap Public Health District. (c) In order to qualify for a loan under this section, the property owner must: (1) Complete a sewer conservation loan appli- cation; (2) Pay the sewer conservation loan applica- tion fee; (3) Have no utility shut-offs within the thirty- six (36) months prior to the date of the sewer conserva- tion loan application; (4) Execute a promissory note and deed of trust under the terms set out in this section; (5) Pay the recording fee to record the deed of trust; and (6) If outside City limits, agree not to protest any annexation petition that includes the property being connected to the City’s sewer system and grant the City a limited power of attorney to include consent to the annexation of said property as part of any notice of intent or petition for annexation presented to the City. (d) The terms of the loan shall be as follows: (1) The loan will be structured as a simple promissory note. (2) The term of the note shall not exceed five (5) years, commencing on the date the property owner executes the promissory note. (3) The note will bear interest at the rate which is based on the City’s current investment yield at the time of the loan, plus a two (2) percent margin to cover administrative costs and interest rate fluctuations over the loan period. (4) The loan will be secured by a deed of trust, or such other instrument as may be acceptable to the City Finance Director and City Attorney. (5) The note shall provide for acceleration of the principal upon default in any payment. In the event of default, the City shall have all available remedies, including, but not limited to, foreclosure of its interest in the property, notification of credit bureaus, use of col- lection agencies, and terminating service. (6) Loan principal and interest charges will be amortized and billed by the City and due monthly. The monthly payment will be no lower than fifty dollars ($50.00). Appropriate penalties may be imposed by the City for delinquent accounts. (7) There shall be no penalty for prepayment. (8) The note will contain a due on sale clause which provides for payment in full of all outstanding principal and interest upon sale of the property. Loans shall be limited by available funds. The amount of avail- able funds shall be at the discretion of the City Council and shall be determined periodically by City Council motion, resolution, or ordinance. All funds used for loan purposes shall be derived from operating revenues from the sale of sewer services. (Ord. 5211 §1, 2013) 15.06.030 RATES - WATER. (a) Retail Water Rates. A general retail water rate shall be assessed all users of the utility water system. The retail rate shall be calculated on a periodic billing with a minimum service charge based on meter size and a commodity charge computed to the nearest HCF. (1) Sprinkler and Fire Protection Service. The Department shall levy a general fire service charge to users of the utility water system for fire service pro- vided. The fire service rate shall be billed on a periodic billing and shall be based on the meter size. The service charge herein set forth shall be granted only during such times as there is no appreciable regis- tration by meters maintained by the Department. Water used for purposes other than extinguishing fires through a fire service connection shall be charged at a rate not less than double the domestic rate provided by this Chapter. (2) Temporary/Construction Meters. Persons desiring temporary water service from a fire hydrant, hose connection, or meter for the purposes of construc- tion, special events, or other activities that are limited in duration shall make application to the Department on the form provided and make a deposit established for temporary/construction meters. Temporary/construction meters shall be limited to six (6) month duration and may be renewed subject to approval by the department. (Revised 2/14)15.06-6 The rate shall be calculated on a periodic billing with a minimum service charge based on the meter size and a commodity charge computed to the nearest HCF. (b) Wholesale Water Service. The Department may sell water to water districts or other public agen- cies. Such service shall be through a wholesale contract, under such terms and under such conditions as shall be deemed fair and equitable by the City. All wholesale water contracts shall be subject to Mayoral approval and City Council authorization. (Ord. 4729, Reaffirmed, 11/30/2000; Ord. 4675, Amended, 11/30/1999; Ord. 4454 §1 (in part), 1994; Ord. 4309 §2 (in part), 1991) 15.06.040 RATES - WASTEWATER. (a) Retail Wastewater Rates. A general retail wastewater rate shall be assessed of all users of the Util- ity wastewater system. The retail rate shall be calculated on a periodic billing with a minimum service charge and a commodity charge computed to the nearest HCF. The retail rate shall be based on flow and strength of sewage discharged by the user of the system. Flow shall be determined by the metered amount of domestic water usage. Flows for summer usage for single-family, duplex, and multifamily residential customers shall be deter- mined based on the previous six (6) month average win- ter domestic water usage by the customer, provided the account was active for at least two (2) billing periods of the preceding six (6) months. The calculation period shall be determined by the Department based on usage and billing cycles. In no case shall this calculation for summer usage result in a volume less than two and one- half (2.5) HCF per month. In the event the customer is not connected to a pub- lic water supply that utilizes a domestic water meter, the flow shall be determined by the Department based on the average flow of the like customer class. Strength shall be determined by the loadings dis- charged by the customer and shall be segregated into like customer classes based on their respective sewage strengths. (b) Multiple Residential/Commercial Units on Single Meter. Any commercial account that has residen- tial living units above the commercial business and/or multiple business suites/buildings served by a single meter will be assessed a monthly flat fee based on the total number of units at that location. The commercial account discharge strength will determine the sewer rate level. (c) Commercial or Industrial Out of Class Dis- charge. Any commercial or industrial account that is connected to the City of Bremerton sewer system and the amount of wastewater discharged or the strength of the wastewater discharge for that property is different than those defined by the current billing rates will need to be assessed on an individual basis. The assessment will be determined and approved by the Department and a special billing rate will be established for that busi- ness. (Ord. 5131 §3, 2010: Ord. 5054, Amended, 08/20/2008; Ord. 4766, Amended, 08/24/2001; Ord. 4729, Reaffirmed, 11/30/2000; Ord. 4675, Amended, 11/30/1999; Ord. 4454 §1 (in part), 1994; Ord. 4309 §2 (in part), 1991) 15.06.050 RATES - STORMWATER. (a) Surface Drainage/Stormwater Rates. A general retail stormwater rate shall be assessed all property own- ers who contribute to or benefit from the utility storm- water system. Rates shall be determined by the approximate amount of impervious surface area of developed parcel, including publicly owned property and right-of-way. Impervious surface, measured in equivalent imper- vious surface units (ISUs) shall be determined for each developed property, except single-family or duplex uses which shall be assigned the minimum rate. (b) Improper Stormwater Inflow to Wastewater System. A rate shall be assessed on all property owners who have an improper stormwater discharge to the wastewater system pursuant to the Utility Fee and Rate Schedule established for stormwater by City Council ordinance. Rates shall be based upon the approximate amount of impervious surface area of the property. The impervi- ous surface area, measured in equivalent impervious surface units (ISUs), shall be that used for the stormwa- ter rates elsewhere in this chapter. Payment of the improper stormwater surcharge shall be terminated when the property has disconnected all sources of the improper stormwater inflow from the wastewater system. The service rate for maintaining an improper storm- water inflow connection to the wastewater system will be identified on the utility billing statement as "Storm- water Facilities Impact" fee. (c) Stormwater rate classes are as follows: (1) Residential. (i) Stormwater I. The basic stormwater service rate. (ii) Stormwater II. This rate consists of the basic stormwater fee, plus fifty (50) percent of the current stormwater fee as the "Stormwater Facilities Impact" fee. This class may have a driveway drain of not more than four hundred (400) square feet of impervious surface draining into the sanitary sewer system and no other improper connection to the sanitary sewer system. (iii) Stormwater III. This rate consists of the basic stormwater fee, plus one hundred (100) per- cent of the current stormwater fee as the "Stormwater Facilities Impact" fee. This class has a driveway drain with more than four hundred (400) square feet of imper- 15.06-6.1 (Revised 2/14) vious surface draining into the sanitary sewer system and/or more than one (1) improper connection to the sanitary sewer system. (2) Commercial. (i) Commercial I Stormwater. The basic commercial stormwater fee. (ii) Commercial II Stormwater. The basic stormwater fee, plus fifty (50) percent of the current stormwater fee as the surcharge. This class may have no more than four hundred (400) square feet of impervious surface where stormwater runoff is collected by a roof drain, parking lot drain, driveway drain or any other device that conveys this runoff into the sanitary sewer system. This does not include stormwater runoff that is collected from under fueling station canopies since these areas are required to be connected to the sanitary sewer system. However, roof runoff from the canopy is not allowed to be connected to the sanitary sewer sys- tem. This class may not have more than one (1) improper connection to the sanitary sewer system. (iii) Commercial III Stormwater. The basic stormwater fee, plus one hundred (100) percent of the current stormwater fee as the "Stormwater Facilities Impact" fee. This class has more than four hundred (400) square feet of impervious surface where stormwa- ter runoff is collected by a roof drain, parking lot drain, driveway drain or any other device that conveys this runoff into the sanitary sewer system. This does not include stormwater runoff that is collected from under fueling station canopies since these areas are required to be connected to the sanitary sewer system. However, roof runoff from the canopy is not allowed to be con- nected to the sanitary sewer system. (d) Rate Adjustments. Rate adjustments for water quantity and water quality pursuant to the Utility Rate Schedule will be applied to all multi-family (three (3) or more units), commercial, and industrial development which provide for the installation of on-site water qual- ity and quantity improvements which meet all System Development and Construction Standards. Eligibility will require the treatment of stormwater discharges prior to entry into the utility stormwater system and the reduc- tion of the amount of stormwater discharges into the utility stormwater system to an amount not to exceed two-tenths (0.2) cubic feet per second, CFS per acre based on a twenty-five (25) year storm. All new development will be required to install water quality and quantity improvements prior to con- nection to the stormwater system and will receive the rate adjustment upon successful completion of the installation. Application for building permits or fill/grade permits must include standard stormwater quality and quantity improvement plans. If topography, soils, location or lot size make on-site detention imprac- tical, new development may be permitted, but a penalty shall be assessed pursuant to the Utility Rate Schedule if stormwater runoff from the developed property exceeds three-tenths (0.3) CFS per acre based on a twenty-five (25) year storm. The facts set forth in this subsection shall apply only if the on-site or other facility that has received an adjustment in its rates is maintained and operated in accord with any City standards applicable at the time of billing. In the event that the Director determines that the system is not properly operated and maintained, the rate reduction shall be discontinued until deficiencies are corrected in addition to other remedies provided in this chapter. (e) Exempt Properties. (1) All parcels of property that are undevel- oped. (2) All public rights-of-way. (f) Public School District Properties. Parcels owned or leased by public school districts which pro- vide activities which directly benefit the surface and stormwater management program. The activities may include: curriculum specific to the issues and problems of surface and stormwater management and student activities in the community to expose students to the efforts required to restore, monitor, or enhance the sur- face and stormwater management system. Pursuant to RCW 35.92.021, the amount of the service charge shall be determined by the Director, based upon the cost of the activities to the school district, but not to exceed the value of the activity to the stormwater management pro- gram. Determination of which activities qualify for the stormwater management service charge reduction will be made by the Director. Reductions in stormwater management service charges will only be granted to school districts which provide programs that have been evaluated by the Director. The service charge adjust- ment for the school activity may be applied to any parcel in the service area which is owned or operated by the school district. 17.04-1 (Revised 2/14) Bremerton Municipal Code 17.04.040 Chapter 17.04 CITY BUILDING CODE Sections: 17.04.010 PURPOSE. 17.04.020 STATE BUILDING CODE - ADOPTION. 17.04.030 CODE CONFLICTS. 17.04.040 AMENDMENTS TO THE INTERNATIONAL BUILDING CODE - ADMINISTRATION. 17.04.080 AMENDMENTS TO THE INTERNATIONAL RESIDENTIAL CODE. 17.04.090 AMENDMENTS TO THE INTERNATIONAL MECHANICAL CODE. 17.04.100 AMENDMENTS TO THE UNIFORM PLUMBING CODE. 17.04.110 AMENDMENTS TO THE INTERNATIONAL PROPERTY MAINTENANCE CODE. 17.04.130 BUILDING CODES - FEES. 17.04.140 APPEALS. 17.04.150 VIOLATION - PENALTY. 17.04.010 PURPOSE. The purpose of the City Building Code is to enhance the health, safety and welfare of the public as a whole by ensuring that buildings, dwellings, structures and land will be constructed, maintained and used in a manner so as to reduce hazards, increase durability and require consistent patterns of community development; provided, notwithstanding anything in this chapter or in the codes adopted in BMC 17.04.020 to the contrary, this chapter and the codes adopted in BMC 17.04.020 establish duties owed to the public as a whole and not any duties to protect any person or class of persons. (Ord. 4904 §1, 2004) 17.04.020 STATE BUILDING CODE - ADOPTION. In accordance with Chapter 19.27 RCW, the fol- lowing codes (collectively, the "building codes") together with any additions, deletions, and exceptions currently enacted or as may be amended from time to time by the State of Washington through its Building Code Council pursuant to the Washington Administra- tive Code ("WAC"), and as further amended in this chapter, are adopted by reference: (a) The International Building Code, 2012 Edi- tion, published by the International Code Council, Inc., as amended pursuant to Chapter 51-50 WAC. (b) The International Residential Code, 2012 Edi- tion, published by the International Code Council, Inc., as amended pursuant to Chapter 51-51 WAC. (c) The International Mechanical Code, 2012 Edi- tion, published by the International Code Council, Inc., as amended pursuant to Chapter 51-52 WAC. (d) The Uniform Plumbing Code, 2012 Edition, published by the International Association of Plumbing and Mechanical Officials, as amended pursuant to Chapter 51-56 WAC and the Uniform Plumbing Code Standards (Appendices A, B, and I to the Uniform Plumbing Code), as amended pursuant to Chapter 51-57 WAC. (e) The International Property Maintenance Code, 2012 Edition, published by the International Code Council, Inc. (f) The International Fuel Gas Code, 2012 Edi- tion, published by the International Code Council, Inc., as amended pursuant to Chapter 52-52 WAC. (g) The 2012 International Energy Conservation Code published by the International Code Council, Inc., as amended pursuant to Chapter 51-11 WAC. One (1) copy of each of these codes is on file with the City’s Building Official. (Ord. 5219 §1, 2013: Ord. 5113 §1, 2010: Ord. 5015 §1, 2007: Ord. 4904 §1, 2004) 17.04.030 CODE CONFLICTS. To the extent allowed by RCW 19.27.040, if a con- flict exists between the provisions of the State Building Codes adopted by the Washington State Building Code Council and the provisions of this chapter, the Bremer- ton Municipal Code provisions shall govern. In cases of conflict among the codes enumerated in BMC 17.04.020(a) through (h), the first named shall govern over those following. (Ord. 5015 §2, 2007: Ord. 4904 §1, 2004) 17.04.040 AMENDMENTS TO THE INTERNATIONAL BUILDING CODE - ADMINISTRATION. The following local amendments to the Interna- tional Building Code previously adopted in BMC 17.04.020 are hereby adopted and incorporated into the International Building Code: (a) General - Building Code Appendices Adopted. Section 101 of the International Building Code, entitled "General," is amended by adding the following new Subsection 101.5: Sec. 101.5 Building code appendices adopt- ed. Appendices C, H, I, and J to the Internation- al Building Code are hereby adopted; however, the public works director shall have the authori- ty to enforce and interpret Appendix J and, ac- cordingly, all references to the “building official” (Revised 2/14)17.04-2 17.04.080 in Appendix J shall be substituted with the words “public works director.” (b) Duties and Powers of Building Official - Lot Lines and Setback Lines. Section 104 of the Interna- tional Building Code, entitled "Duties and Powers of Building Official," is amended by adding the following new Subsection 104.12: Sec. 104.12 Lot lines and setback lines. Not- withstanding the authority of the building official to administer and enforce the building code, the building official shall have no duty to verify or establish lot lines or setback lines. No such duty is created by this code, and none shall be im- plied. (c) Board of Appeals. Section 113 of the Interna- tional Building Code, entitled "Board of appeals," is amended by substituting Section 113 with the follow- ing: Sec. 113 Board of appeals. The City of Bremerton hearings examiner is designated as the board of appeals in order to hear and decide appeals of orders, decisions, or determinations made by the building official relative to the suit- ability of alternate materials, design, and meth- ods of construction and appeals of the reasonable application and interpretation of the building codes. Appeals shall be made as set forth in section 17.04.140 of the Bremerton Mu- nicipal Code. (Ord. 5113 §2, 2010; Ord. 5008 §2, 2007: Ord. 4906 §2, 2004; Ord. 4904 §1, 2004) 17.04.080 AMENDMENTS TO THE INTERNATIONAL RESIDENTIAL CODE. The following local amendments to the Interna- tional Residential Code previously adopted in BMC 17.04.030 are hereby adopted and incorporated into the International Residential Code: (a) Duties and Powers of Building Official - Lot Lines and Setback Lines. Section R104 of the Interna- tional Residential Code, entitled "Duties and Powers of Building Official," is amended by adding the following new Subsection R104.12: Sec. R104.12 Lot lines and setback lines. Notwithstanding the authority of the building of- ficial to administer and enforce the building code, the building official shall have no duty to verify or establish lot lines or setback lines. No such duty is created by this code, and none shall be implied. (b) Board of Appeals. Section R112.1 of the Inter- national Residential Code, entitled "Board of Appeals," is amended by substituting Section R112.1 with the fol- lowing: Sec. R112.1 Board of appeals. The City of Bremerton hearings examiner is designated as the board of appeals in order to hear and decide appeals of orders, decisions, or determinations made by the building official relative to the suit- ability of alternate materials, design, and meth- ods of construction and appeals of the reasonable application and interpretation of the building codes. Appeals shall be made as set forth in section 17.04.140 of the Bremerton Mu- nicipal Code. (c) Sec. R313 Automatic Fire Sprinkler Systems. Automatic Fire Sprinkler Systems is adopted with the exception of R313.2, One- and two-family dwellings automatic fire systems. (Ord. 5113 §4, 2010; Ord. 4904 §1, 2004) 17.04.090 AMENDMENTS TO THE INTERNATIONAL MECHANICAL CODE. The following local amendments to the Interna- tional Mechanical Code previously adopted in BMC 17.04.030 are hereby adopted and incorporated into the International Mechanical Code as if fully set forth therein. (a) Violations - Penalties. Section 108 of the Inter- national Mechanical Code, entitled "Violations," is amended by substituting Subsection 108.4 with the fol- lowing: Sec. 108.4 Penalties. Any person who violates a provision of this code or fails to comply with any of its requirements or who erects, installs, alters, or repairs mechanical work in violation of: (a) the approved construction documents, (b) a directive of the building code official, or (c) a permit or certificate issued under the provi- sions of this code, shall be subject to penalties as set forth in section 17.04.150 of the Bremer- ton Municipal Code or as otherwise provided by law. (b) Means of Appeal - Board of Appeals. Section 109 of the International Mechanical Code, entitled "Means of Appeal," is amended by substituting Section 109 with the following: Sec. 109 Board of appeals. The City of Bremerton hearings examiner is designated as the board of appeals in order to hear and decide appeals of orders, decisions, or determinations 17.04-3 (Revised 2/14) Bremerton Municipal Code 17.04.110 made by the building official relative to the suit- ability of alternate materials, designs, and meth- ods of construction and appeals of the reasonable application and interpretation of the building codes. Appeals shall be made as set forth in section 17.04.140 of the Bremerton Mu- nicipal Code. (Ord. 4904 §1, 2004) 17.04.100 AMENDMENTS TO THE UNIFORM PLUMBING CODE. The following local amendments to the Uniform Plumbing Code previously adopted in BMC 17.04.030 are hereby adopted and incorporated into the Uniform Plumbing Code: (a) Title, Scope, and General - Appendices Adopted. Section 101 of the Uniform Plumbing Code, entitled "Title, Scope, and General," is amended by add- ing the following new Subsection 101.6: Sec. 101.6 Appendices adopted. The Uniform Plumbing Code standards set forth in Appendi- ces A, B, and I of the Uniform Plumbing Code are hereby adopted. (b) Organization and Enforcement - Penalties. Section 102 of the Uniform Plumbing Code, entitled "Organization and Enforcement," is amended by substi- tuting Subsection 102.3.2 with the following: Sec. 102.3.2 Penalties. Any person who vio- lates a provision of this code or fails to comply with any of its requirements or who erects, in- stalls, alters, or repairs plumbing work in viola- tion of: (a) the approved construction documents, (b) a directive of the building code official, or (c) a permit or certificate issued under the provisions of this code, shall be subject to penalties as set forth in section 17.04.150 of the Bremerton Municipal Code or as otherwise pro- vided by law. (c) Organization and Enforcement - Board of Appeals. Section 102 of the Uniform Plumbing Code, entitled "Organization and enforcement," is amended by substituting Subsection 102.4, a subsection that was added to the State Code in accordance with WAC 51- 56-0100, with the following: Sec. 102.4 Board of appeals. The City of Bremerton hearings examiner is designated as the board of appeals in order to hear and decide appeals of orders, decisions, or determinations made by the building official relative to the suit- ability of alternate materials, designs, and meth- ods of construction and appeals of the reasonable application and interpretation of the building codes. Appeals shall be made as set forth in section 17.04.140 of the Bremerton Mu- nicipal Code. (Ord. 4904 §1, 2004) 17.04.110 AMENDMENTS TO THE INTERNATIONAL PROPERTY MAINTENANCE CODE. The following local amendments to the Interna- tional Property Maintenance Code are hereby adopted as if fully set forth therein: (a) Section 101 of the International Property Maintenance Code entitled "General" is amended by amending Subsection 101.1 to read as follows: Sec. 101.1 Title. These regulations shall be known as the International Property Mainte- nance Code of the City of Bremerton, hereafter referred to as "this code." (b) Section 103 of the International Property Maintenance Code entitled "Department of Property Maintenance Inspection" is not adopted. (c) Section 106 of the International Property Maintenance Code entitled "Violations" is amended by amending Subsections 106.1, 106.2 and 106.3 to read as follows: 106.1 Unlawful acts. It shall be unlawful for any person, firm, or corporation to erect, construct, alter, extend, repair, move, remove, demolish, or occupy any building, structure, or equipment regulated by this code, or cause same to be done, in conflict with or in violation of any of the provisions of this code. 106.2 Notice of violations. The code official shall serve a notice of violation or order in ac- cordance with Chapter 1.04 BMC. 106.3 Prosecution of violation. Any person failing to comply with a notice of violation or or- der served in accordance with Subsection 106.2 above shall be enforced pursuant to Chapter 1.04 BMC. (d) Section 107 of the International Property Maintenance Code entitled "Notices and Orders" is amended by not adopting certain subsections and by amending Subsection 107.5 to read as follows: 107.1 Notice to person responsible. This sub- section is not adopted. 107.2 Form. This subsection is not adopted. (Revised 2/14)17.04-4 17.04.130 107.3 Method of service. This subsection is not adopted. 107.5 Penalties. Penalties for noncompliance with orders and notices shall be as set forth in BMC Chapter 1.04. (e) Section 111 of the International Property Maintenance Code entitled "Means of Appeal" is not adopted. (f) Section 202 of the International Property Maintenance Code entitled "General Definitions" shall not include the definitions of "Garbage" and "Rubbish." (g) Chapter 3 of the International Property Mainte- nance Code is adopted with the exception of Subsec- tions 302.4, "Weeds," 302.9, "Defacement of property," 303.2, "Swimming Pools, Spas and Hot Tubs - Enclo- sures," 304.3, "Premises identification," 304.14, "Insect screens," 304.17, "Guards for basement windows," 304.18.1, "Doors," and Section 308, "Rubbish and Gar- bage," and further amended by amending Subsection 307.1 to read as follows: 307.1 General. Every exterior and interior flight of stairs having more than four risers shall have a handrail on at least one side of the stair and every open portion of a stair, landing, balcony, porch, deck, ramp or other walking surface which is more than 30 inches (762 mm) above the floor or grade below shall have guards. Handrails shall not be less than 34 inches (864 mm) high or more than 38 inches (965 mm) high measured vertically above the nosing of the tread or above the finished floor of the landing or walking surfaces for existing handrails still in place and in good condition, or may be contin- ued at the height in effect in the code at the time of construction. Guards shall not be less than the height prescribed by the code in effect at the time of construction nor 36 inches (914 mm) in height above the floor of the landing, balcony, porch, deck, or ramp or other walking surface. Replacement or new guardrails shall comply with the codes for new construction. Exception: Guards shall not be required where exempted by the adopted building code. (h) Section 505 of the International Property Maintenance Code entitled "Water Systems" is amended by amending Subsection 505.1 to read as fol- lows: 505.1 General. Every sink, lavatory, bathtub and shower, drinking fountain, water closet or other plumbing fixture shall be properly con- nected to either a public water system or to an approved private water system. All kitchen sinks, lavatories, laundry facilities, bathtubs and showers shall be supplied with hot or tempered and cold running water. (i) Section 602 of the International Property Maintenance Code entitled "Heating Facilities" is amended by amending Subsections 602.2, 602.3 and 602.4 to read as follows: 602.2 Residential occupancies. Dwellings shall be provided with heating facilities capable of maintaining a room temperature of 68F (20C) in all habitable rooms, bathrooms and toilet rooms. Cooking appliances shall not be used to provide space heating to meet the re- quirements of this section. 602.3 Heat supply. Every owner and operator of any building who rents, leases or lets one or more dwelling units or sleeping units on terms, either expressed or implied, to furnish heat to the occupants thereof shall supply heat of not less than 68 F (20C) in all habitable rooms, bathrooms, and toilet rooms. 602.4 Occupiable work spaces. Indoor occu- piable work space shall be supplied with heat of not less than 65° F (18C) during the period the spaces are occupied. (j)Appendix A. Appendix A: Boarding Standard of the International Property Maintenance Code is adopted in its entirety. (Ord. 5219 §2, 2013: Ord. 5113 §3, 2010; Ord. 5015 §6, 2007) 17.04.130 BUILDING CODES - FEES. The fees to be assessed for the codes adopted in this chapter shall be as set forth in BMC 3.01.040, Commu- nity Development - Rate Table C, as currently enacted or as hereafter amended. (Ord. 4904 §1, 2004) 17.04.140 APPEALS. (a) Appeals to the Hearings Examiner. (1) Jurisdiction. The City Hearings Examiner has been designated as the Board of Appeals and shall have jurisdiction over all matters concerning the appli- cation of the building codes cited in this chapter. The City Hearings Examiner, however, shall have no author- ity relative to interpretation of the administrative provi- sions of these codes, nor shall the City Hearings Examiner be empowered to waive requirements of these building codes. (2) Filing. Appeals shall be filed with the Hearings Examiner in accordance with Chapter 2.13 BMC. 17.04-5 (Revised 2/14) Bremerton Municipal Code 17.04.150 (3) Standing. Standing to bring an appeal under this chapter is limited to the following persons: (i) The applicant and the owner of prop- erty to which the permit decision is directed. (ii) Another person aggrieved or adversely affected by the order, determination, or deci- sion, or who would be aggrieved or adversely affected by a reversal or modification of the order, determina- tion, or decision. A person is aggrieved or adversely affected within the meaning of this section only when all of the following conditions are present: a. The order, determination, or decision has prejudiced or is likely to prejudice that per- son; b. A judgment in favor of that per- son would substantially eliminate or redress the preju- dice to that person caused or likely to be caused by the order, determination, or decision; and c. The appellant has exhausted his or her administrative remedies to the extent required by law. (b) Appeals to Superior Court. Appeals to the Hearings Examiner shall be made pursuant to Chapter 2.13 BMC. (Ord. 4904 §1, 2004) 17.04.150 VIOLATION - PENALTY. (a) Any violation of any provision of the City Building Code, Chapter 17.04 BMC, constitutes a civil violation under Chapter 1.04 BMC for which a mone- tary penalty may be assessed and abatement 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 the City Building Code, Chapter 17.04 BMC, shall be guilty of a misdemeanor pursuant to BMC 1.12.020(2). (Ord. 4904 §1, 2004) 17.60-1 (Revised 2/14) Bremerton Municipal Code 17.60.030 Chapter 17.60 FLOODPLAIN MANAGEMENT Sections: 17.60.010 STATUTORY AUTHORIZATION. 17.60.020 FINDINGS OF FACT. 17.60.030 STATEMENT OF PURPOSE. 17.60.040 METHODS OF REDUCING FLOOD LOSSES. 17.60.050 DEFINITIONS. 17.60.060 LANDS TO WHICH THIS CHAPTER APPLIES. 17.60.070 BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD. 17.60.080 PENALTIES FOR NONCOMPLIANCE. 17.60.090 ABROGATION AND GREATER RESTRICTIONS. 17.60.100 INTERPRETATION. 17.60.110 WARNINGS AND DISCLAIMER OF LIABILITY. 17.60.120 ESTABLISHMENT OF FLOODPLAIN DEVELOPMENT PERMIT. 17.60.130 DESIGNATION OF CITY ENGINEER AS LOCAL ADMINISTRATOR. 17.60.140 DUTIES AND RESPONSIBILITIES OF THE CITY ENGINEER. 17.60.150 VARIANCE - COUNCIL AUTHORITY GENERALLY. 17.60.160 VARIANCE - ALLEGED ERROR BY ENGINEER. 17.60.170 VARIANCE - APPEAL TO COUNTY COURT. 17.60.180 VARIANCE - CONSIDERATIONS. 17.60.190 VARIANCE - LOTS OF ONE- HALF (0.5) ACRE. 17.60.200 VARIANCE - COUNCIL AUTHORITY TO ATTACH CONDITIONS. 17.60.210 VARIANCE - RECORDS AND REPORTS. 17.60.220 VARIANCE - CONDITIONS GENERALLY. 17.60.230 FLOOD HAZARD PROTECTION - GENERAL STANDARDS. 17.60.240 ANCHORING. 17.60.250 CONSTRUCTION MATERIALS AND METHODS. 17.60.260 UTILITIES. 17.60.270 SUBDIVISION PROPOSALS. 17.60.280 REVIEW OF BUILDING PERMITS. 17.60.290 FLOOD HAZARD PROTECTION - SPECIFIC STANDARDS. 17.60.300 RESIDENTIAL CONSTRUCTION. 17.60.310 NONRESIDENTIAL CONSTRUCTION. 17.60.315 CRITICAL FACILITY. 17.60.320 MANUFACTURED/MOBILE HOMES. 17.60.325 RECREATIONAL VEHICLES. 17.60.330 FLOODWAYS. 17.60.340 ZONES WITH BASE FLOOD ELEVATIONS BUT NO FLOODWAYS. 17.60.350 COASTAL HIGH HAZARD AREAS. 17.60.010 STATUTORY AUTHORIZATION. The City of Bremerton has the legal authority and responsibility to adopt regulations designed to promote the public health and general welfare of its citizenry pur- suant to Article XI, Sections 10 and 11 of the Washing- ton State Constitution and Article III of the Bremerton City Charter. (Ord. 5231 §1 (part), 2013: Ord. 3544 §1.1, 1979) 17.60.020 FINDINGS OF FACT. (a) The flood hazard areas of the City are subject to periodic inundation which results in loss of life and property, health and safety hazards, disruption of com- merce and governmental services, extraordinary public expenditures for flood protection and relief, and impair- ment of the tax base, all of which adversely affect the public health, safety and general welfare. (b) These flood losses are caused by the cumula- tive effect of obstructions in areas of special flood haz- ards which increase flood heights and velocities, and when inadequately anchored, damage uses in other areas. Uses that are inadequately floodproofed, elevated or otherwise protected from flood damage also contrib- ute to the flood loss. (Ord. 5231 §1 (part), 2013: Ord. 3544 §1.2, 1979) 17.60.030 STATEMENT OF PURPOSE. It is the purpose of this chapter to promote the pub- lic health, safety and general welfare, and to minimize public and private losses due to flood conditions in spe- cific areas by provisions designed: (a) To protect human life and health; (Revised 2/14)17.60-2 17.60.040 (b) To minimize expenditure of public money and costly flood control projects; (c) To minimize the need for rescue and relief effort associated with flooding and generally under- taken at the expense of the general public; (d) To minimize prolonged business interruptions; (e) To minimize damage to public facilities and utilities such as water and gas mains; electric, telephone and sewer lines; streets and bridges located in areas of special flood hazard; (f) To help maintain a stable tax base by providing for the sound use and development of areas of special flood hazard so as to minimize blight resulting from future flood; (g) To ensure that potential buyers are notified that property is in an area of special flood hazard; and (h) To ensure that those who occupy the areas of special flood hazard assume responsibility for their actions. (Ord. 5231 §1 (part), 2013: Ord. 3544 §1.3, 1979) 17.60.040 METHODS OF REDUCING FLOOD LOSSES. In order to accomplish its purposes, this chapter includes methods and provisions: (a) Restricting or prohibiting uses which are dan- gerous to health, safety and property due to water or ero- sion hazards or in flood heights or velocities; (b) Requiring that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction; (c) Controlling the alteration of natural flood- plains, stream channels, and natural protective barriers, which help accommodate or channel floodwaters; (d) Controlling filling, grading, dredging and other development which may increase flood damage; and (e) Preventing or regulating the construction of flood barriers which will unnaturally divert floodwaters or which may increase flood hazards in other areas. (Ord. 5231 §1 (part), 2013: Ord. 3544 §1.4, 1979) 17.60.050 DEFINITIONS. Unless specifically defined below, words or phrases used in this chapter shall be interpreted so as to give them the meaning they have in common usage and to give this chapter its most reasonable application. "Appeal" means a request for a review of the City Engineer’s interpretation of any provision of this chap- ter or a request for a variance. "Area of shallow flooding" means a designated AO or AH zone on the Flood Insurance Rate Map (FIRM). The base flood depths range from one (1) to three (3) feet; a clearly defined channel does not exist; the path of flooding is unpredictable and indeterminate; and veloc- ity flow may be evident. AO is characterized as sheet flow and AH indicates ponding. "Area of special flood hazard" means the land in the floodplain within a community subject to a one (1) per- cent or greater chance of flooding in any given year. "Base flood" means the flood having a one (1) per- cent chance of being equaled or exceeded in any given year. "Base flood elevation" means the water surface ele- vation corresponding to a flood having a one (1) percent probability of being equaled or exceeded in a given year. "Basement" means any area of the building having its floor subgrade (below ground level) on all sides. "Breakaway wall" means a wall that is not part of the structural support of the building and is intended through its design and construction to collapse under specific lateral loading forces, without causing damage to the elevated portion of the building or supporting foundation system. "Coastal high hazard area" means an area of special flood hazard extending from offshore to the inland limit of a primary frontal dune along an open coast and any other area subject to high velocity wave action from storms or seismic sources. The area is designated on the FIRM as Zone V1-30, VE or V. "Critical facility" means a facility for which even a slight chance of flooding might be too great. Critical facilities include (but are not limited to) schools, nursing homes, hospitals, police, fire and emergency response installations, and installations which produce, use or store hazardous materials or hazardous waste. "Development" means any manmade change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredg- ing, filling, grading, paving, excavation or drilling oper- ations, or storage of equipment or materials located within the area of special flood hazard. "Elevated building" means, for insurance purposes, a nonbasement building that has its lowest elevated floor raised above ground level by foundation walls, shear walls, post, piers, pilings, or columns. "Elevations certificate" means the official form (FEMA Form 81-31) used to track development, pro- vide elevation information necessary to ensure compli- ance with community floodplain management ordinances, and determine the proper insurance pre- mium rate with Section B completed by community officials. "Flood" or "flooding" means a general and tempo- rary condition of partial or complete inundation of nor- mally dry land areas from: (a) The overflow of inland or tidal waters; and/or (b) The unusual and rapid accumulation of runoff of surface waters from any source. "Flood Insurance Rate Map" or "FIRM" means the official map on which the Federal Insurance Adminis- tration has delineated both the areas of special flood 17.60-3 (Revised 2/14) Bremerton Municipal Code 17.60.050 hazards and the risk premium applicable to the commu- nity. "Flood Insurance Study" means the official report provided by the Federal Insurance Administration that includes flood profiles, the Flood Boundary Floodway Map, and the water surface elevation of the base flood. "Floodplain" means any land area susceptible to being inundated by water from any source. "Floodway" means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one (1) foot. "Habitable floor" means any floor usable for living purposes, which include working, sleeping, eating, cooking or recreation, or a combination thereof. A floor used only for storage purposes is not a "habitable floor." "Increased cost of compliance" or "ICC" means a flood insurance claim payment up to thirty thousand dollars ($30,000) directly to a property owner for the cost to comply with floodplain management regulations after a direct physical loss caused by a flood. Eligibility of an ICC claim can be through a single instance of "substantial damage" or as a result of "cumulative sub- stantial damage." "Lowest floor" means the lowest floor of the enclosed area (including basement). An unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access or storage, in an area other than a basement area, is not considered a building’s low- est floor; provided, that such enclosure is not built so as to render the structure in violation of the applicable non- elevation design requirements of this chapter found at BMC 17.60.300(b). "Manufactured home" means a structure, transport- able in one (1) or more sections, which is built on a per- manent chassis and is designed for use with or without a permanent foundation when connected to the required utilities. For floodplain management purposes the term "manufactured home" also includes park trailer, travel trailers, and other similar vehicles placed on a site for greater than one hundred eighty (180) consecutive days. For insurance purposes the term "manufactured home" does not include park trailers, travel trailers, and other similar vehicles. "Manufactured home park or subdivision" means a parcel (or contiguous parcels) of land divided into two (2) or more manufactured home lots for rent or sale. "New construction" means structures for which the "start of construction" commenced on or after the effec- tive date of the ordinance codified in this chapter. "Recreational vehicle" means a vehicle built on a single chassis, that is four hundred (400) square feet or less when measured at the largest horizontal projection, designed to be self-propelled or permanently towable by a light duty truck, and is designed primarily not for use as a permanent dwelling but as temporary living quar- ters for recreational, camping, travel, or seasonal use. "Start of construction" includes substantial improvements, and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, placement or other improvement was within one hundred eighty (180) days of the permit date. The "actual start" means the first placement of per- manent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundation or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the "actual start of construction" means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the exter- nal dimensions of the building. "Structure" means a walled and roofed building including a gas or liquid storage tank that is principally above ground. "Substantial damage" means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before-damaged condition would equal or exceed fifty (50) percent of the market value of the structure before the damage occurred. "Substantial improvement" means any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds fifty (50) percent of the mar- ket value of the structure: (a) Before the improvement or repair is started; or (b) If the structure has been damaged and is being restored, before the damage occurred. For the pur- poses of this definition "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include either: (a) Any project for improvement of a struc- ture to correct pre-cited existing violations of state or local health, sanitary, or safety code specifications which have been previously identified by the local code enforcement official and which are the minimum neces- sary to assure safe living conditions; or (Revised 2/14)17.60-4 17.60.060 (b) Any alteration of a structure listed on the National Register of Historic Places or a state inventory of historic places. "Variance" means a grant of relief from the require- ments of this chapter which permits construction in a manner that would otherwise be prohibited by this chap- ter. (Ord. 5231 §1 (part), 2013: Ord. 5020 §1, 2007: Ord. 4103 §51, 1987; Ord. 3544 §2.0, 1979) 17.60.060 LANDS TO WHICH THIS CHAPTER APPLIES. This chapter shall apply to all areas of special flood hazards within the jurisdiction of the City of Bremerton. (Ord. 5231 §1 (part), 2013: Ord. 3544 §3.1, 1979) 17.60.070 BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD. The areas of special flood hazard identified by the Federal Insurance Administration in a scientific and engineering report entitled "The Flood Insurance Study for Kitsap County and Incorporated Areas" dated November 4, 2010, and any revisions thereto, with accompanying Flood Insurance Rate Maps, and any revisions thereto, are hereby adopted by reference and declared to be a part of this chapter. The best available information for flood hazard area identification as out- lined in BMC 17.60.140(b) shall be the basis for regula- tion until a new FIRM is issued that incorporates data utilized under BMC 17.60.140(b). The Flood Insurance Study is on file at the Bremerton Department of Com- munity Development, 345 6th Street, Suite 600, Bremerton, WA 98337. (Ord. 5231 §1 (part), 2013: Ord. 5127 §1, 2010: Ord 5123 §1, 2010: Ord. 5020 §2, 2007: Ord. 4965 §2, 2006: Ord. 3544 §3.2, 1979) 17.60.080 PENALTIES FOR NONCOMPLIANCE. No structure or land shall hereafter be constructed, located, extended, converted, or altered without full compliance with the terms of this chapter and other applicable regulations. Violation of the provisions of this chapter by failure to comply with any of its require- ments (including violations of conditions and safe- guards established in connection with conditions) shall constitute a misdemeanor. Any person who violates this chapter or fails to comply with any of its requirements shall upon conviction thereof be fined not more than one thousand dollars ($1,000) or imprisoned for not more than ninety (90) days, or both, for each violation, and in addition shall pay all costs and expenses involved in the case. Nothing herein contained shall prevent the City of Bremerton from taking such other lawful action as is necessary to prevent or remedy any violation. (Ord. 5231 §1 (part), 2013: Ord. 4103 §2, 1987; Ord. 3544 §3.3, 1979) 17.60.090 ABROGATION AND GREATER RESTRICTIONS. This chapter is not intended to repeal, abrogate or impair any existing easements, covenants or deed restrictions. However where this chapter and another ordinance, easement, covenant or deed restriction con- flict or overlap, whichever imposes the more stringent restrictions shall prevail. (Ord. 5231 §1 (part), 2013: Ord. 3544 §3.4, 1979) 17.60.100 INTERPRETATION. In the interpretation and application of this chapter, all provisions shall be: (a) Considered as minimum requirements; (b) Liberally construed in favor of the governing body; and (c) Deemed neither to limit nor repeal any other powers granted under state statutes. (Ord. 5231 §1 (part), 2013: Ord. 3544 §3.5, 1979) 17.60.110 WARNINGS AND DISCLAIMER OF LIABILITY. The degree of flood protection required by this chapter is considered reasonable for regulatory purposes and is based on scientific and engineering consider- ations. Larger floods can and will occur on rare occa- sions. Flood heights may be increased by manmade or natural causes. This chapter does not imply that land outside the areas of special flood hazards or uses permit- ted within such areas will be free from flooding or flood damages. This chapter shall not create liability on the part of the City, any officer or employee thereof, or the Federal Insurance Administration for any flood dam- ages that result from reliance on this chapter or any administrative decision lawfully made thereunder. (Ord. 5231 §1 (part), 2013: Ord. 3544 §3.6, 1979) 17.60.120 ESTABLISHMENT OF FLOODPLAIN DEVELOPMENT PERMIT. A floodplain development permit shall be obtained before construction or development begins within any area of special flood hazard established in BMC 17.60.070. The permit shall be for all structures includ- ing mobile homes, as set forth in BMC 17.60.050, and for all other developments including fill and other activ- ities, also as set forth in BMC 17.60.050. Application for floodplain development permit shall be made on forms furnished by the City Engineer and may include, but not be limited to, plans in duplicate drawn to scale showing the nature, location, dimensions and elevations of the area in question; existing or proposed structures, fill, storage of materials, drainage facilities; and the location of the foregoing. Specifically, the following information is required: 17.60-5 (Revised 2/14) Bremerton Municipal Code 17.60.180 (a) Elevation in relation to mean sea level of the lowest floor (including basement) of all structures; (b) Elevation in relation to mean sea level to which any structure has been floodproofed; (c) Certification by a registered professional engi- neer or architect that the floodproofing methods for any nonresidential structure meet the floodproofing criteria in BMC 17.60.310; and (d) Description of the extent to which any water- course will be altered or relocated as a result of proposed development. (Ord. 5231 §1 (part), 2013: Ord. 3544 §4.1, 1979) 17.60.130 DESIGNATION OF CITY ENGINEER AS LOCAL ADMINISTRATOR. The City Engineer is appointed to administer and implement this chapter, by granting or denying flood- plain development permit applications in accordance with its provisions. (Ord. 5231 §1 (part), 2013: Ord. 3544 §4.2, 1979) 17.60.140 DUTIES AND RESPONSIBILITIES OF THE CITY ENGINEER. Duties of the City Engineer shall include, but not be limited to: (a) Floodplain Development Permit Application Review. (1) Review all development permits to deter- mine that the permit requirements of this chapter have been satisfied. (2) Review all development permits to deter- mine that all necessary permits have been obtained from those federal, state, or local governmental agencies from which prior approval is required. (3) Review all development permits to deter- mine if the proposed development is located in the floodway. If located in the floodway, assure that the encroach- ment provisions of BMC 17.60.330(a) are met. (b) Use of Other Base Flood Data. When base flood elevation data has not been provided in accor- dance with BMC 17.60.070, Basis for Establishing the Areas of Special Flood Hazard, the City Engineer shall obtain, review, and reasonably utilize any base flood elevation and floodway data available from a federal, state or other source, in order to administer BMC 17.60.290, Flood Hazard Protection - Specific Stan- dards, and 17.60.330, Floodways. (c) Information to Be Obtained and Maintained. (1) Where base flood elevation data is pro- vided through the Flood Insurance Study or required as in subsection (b) of this section, obtain and record the actual elevation (in relation to mean sea level) of the lowest floor (including basement) of all new or substan- tially improved structures, and whether or not the struc- ture contains a basement. (2) For all new or substantially improved floodproofed structures: (i) Verify and record the actual elevation (in relation to mean sea level) to which the structure was floodproofed; and (ii) Maintain the floodproofing certifica- tions required in BMC 17.60.120(c). (3) Maintain for public inspection all records pertaining to the provisions of this chapter. (d) Alteration of Watercourses. (1) Notify adjacent communities and the Department of Ecology prior to any alteration or reloca- tion of a watercourse, and submit evidence of such noti- fication to the Federal Insurance Administration. (2) Require that maintenance is provided within the altered or relocated portion of said water- course so that the flood carrying capacity is not dimin- ished. (3) Interpretation of FIRM Boundaries. Make interpretations, where needed, as to exact location of the boundaries of the areas of special flood hazards (for example, where there appears to be a conflict between a mapped boundary and actual field conditions). The per- son contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpreta- tion as provided in BMC 17.60.150. (Ord. 5231 §1 (part), 2013: Ord. 4103 §3, 1987; Ord. 3544 §4.3, 1979) 17.60.150 VARIANCE - COUNCIL AUTHORITY GENERALLY. The City Council shall hear and decide appeals and requests for variances from the requirements of this chapter. (Ord. 5231 §1 (part), 2013: Ord. 3544 §4.4- 1(1), 1979) 17.60.160 VARIANCE - ALLEGED ERROR BY ENGINEER. The City Council shall hear and decide appeals when it is alleged there is an error in any requirement, decision or determination made by the City Engineer in the enforcement or administration of this chapter. (Ord. 5231 §1 (part), 2013: Ord. 3544 §4.4-1(2), 1979) 17.60.170 VARIANCE - APPEAL TO COUNTY COURT. Those aggrieved by the decision of the City Council or any taxpayer may appeal such decision to the Kitsap County Superior Court, as provided by law. (Ord. 5231 §1 (part), 2013: Ord. 3544 §4.4-1(3), 1979) 17.60.180 VARIANCE - CONSIDERATIONS. In passing upon such applications, the City Council shall consider all technical evaluations, all relevant fac- (Revised 2/14)17.60-6 17.60.190 tors, standards specified in other sections of this chapter, and: (a) The danger that materials may be swept onto other lands to the injury of others; (b) The danger to life and property due to flooding or erosion damage; (c) The susceptibility of the proposed facility and its contents to flood damage and the effect of such dam- age on the individual owner; (d) The importance of the services provided by the proposed facility to the community; (e) The necessity to the facility of a waterfront location, where applicable; (f) The availability of alternative locations for the proposed use which are not subject to flooding or ero- sion damage; (g) The compatibility of the proposed use with existing and anticipated development; (h) The relationship of the proposed use to the Comprehensive Plan and floodplain management pro- gram for that area; (i) The safety of access to the property in times of flood for ordinary and emergency vehicles; (j) The expected heights, velocity, duration, rate of rise and sediment transport of the floodwaters and the effects of wave action, if applicable, expected at the site; and (k) The costs of providing governmental services during and after flood conditions, including mainte- nance and repair of public utilities and facilities such as sewer, gas, electrical and water systems, and streets and bridges. (Ord. 5231 §1 (part), 2013: Ord. 3544 §4.4- 1(4), 1979) 17.60.190 VARIANCE - LOTS OF ONE-HALF (0.5) ACRE. Generally, variances may be issued for new con- struction and substantial improvements to be erected on a lot of one-half (0.5) acre or less in size contiguous and surrounded by lots with existing structures constructed below the base flood level, providing BMC 17.60.180(a) through (k) have been fully considered. As the lot size increases beyond the one-half (0.5) acre, the technical justification required for issuing the variance increases. (Ord. 5231 §1 (part), 2013: Ord. 3544 §4.4- 1(5), 1979) 17.60.200 VARIANCE - COUNCIL AUTHORITY TO ATTACH CONDITIONS. Upon consideration of the factors of BMC 17.60.180 and the purposes of this chapter, the City Council may attach such conditions to the granting of variances as it deems necessary to further the purposes of this chapter. (Ord. 5231 §1 (part), 2013: Ord. 3544 §4.4-1(6), 1979) 17.60.210 VARIANCE - RECORDS AND REPORTS. The City Engineer shall maintain the records of all appeal actions and report any variances to the Federal Insurance Administration upon request. (Ord. 5231 §1 (part), 2013: Ord. 3544 §4.4-1(7), 1979) 17.60.220 VARIANCE - CONDITIONS GENERALLY. (a) Variances may be issued for the reconstruc- tion, rehabilitation or restoration of structures listed on the National Register of Historic Places or the State Inventory of Historic Places that will not preclude the structure’s continued designation as a historic structure and the variance is the minimum necessary to preserve the historic character and design of the structure without regard to the procedures set forth in the remainder of this section. (b) Variances shall not be issued within any desig- nated floodway if any increase in flood levels during the base flood discharge would result. (c) Variances shall only be issued upon a determi- nation that the variance is the minimum necessary, con- sidering the flood hazard, to afford relief. (d) Variances shall only be issued upon: (1) A showing of good and sufficient cause; (2) A determination that failure to grant the variance would result in exceptional hardship to the applicant; and (3) A determination that the granting of a vari- ance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public as identified in BMC 17.60.180, or conflict with existing local laws or ordinances. (e) Any applicant to whom a variance is granted shall be given written notice that the structure will be permitted to be built with a lowest floor elevation below the base flood elevation and that the cost of flood insur- ance will be commensurate with the increased risk resulting from the reduced lowest floor elevation. (f) Variances as interpreted in the National Flood Insurance Program are based on the general zoning law principle that they pertain to a physical piece of prop- erty; they are not personal in nature and do not pertain to the structure, its inhabitants, or economic or financial circumstances. They primarily address small lots in densely popu- lated residential neighborhoods. As such, variances from the flood elevations should be quite rare. (g) Variances may be issued for nonresidential buildings in very limited circumstances to allow a lesser degree of floodproofing than watertight or dry flood- proofing, where it can be determined that such action will have low damage potential, complies with all other 17.60-7 (Revised 2/14) Bremerton Municipal Code 17.60.300 variance criteria, except this section, and otherwise complies with BMC 17.60.240. (Ord. 5231 §1 (part), 2013: Ord. 4103 §4, 1987; Ord. 3544 §4.4-2, 1979) 17.60.230 FLOOD HAZARD PROTECTION - GENERAL STANDARDS. In all areas of special flood hazards the standards set out in BMC 17.60.240 through 17.60.280 are required. (Ord. 5231 §1 (part), 2013: Ord. 3544 §5, 1979) 17.60.240 ANCHORING. (a) All new construction and substantial improve- ments shall be anchored to prevent flotation, collapse or lateral movement of the structure. (b) All manufactured/mobile homes shall be anchored to prevent flotation, collapse or lateral move- ment, and shall be installed using methods and practices that minimize flood damage. Anchoring methods may include, but are not limited to, use of over-the-top and frame ties to ground anchors. (Ord. 5231 §1 (part), 2013: Ord. 5020 §3, 2007: Ord. 3544 §5.1-1, 1979) 17.60.250 CONSTRUCTION MATERIALS AND METHODS. (a) All new construction and substantial improve- ments shall be constructed with materials and utility equipment resistant to flood damage. (b) All new construction and substantial improve- ments shall be constructed using methods and practices that minimize flood damage. (c) Electrical, heating, ventilation, plumbing and air-conditioned equipment and other service facilities shall be designed and/or otherwise elevated or located at least one (1) foot above the base flood elevation so as to prevent water from entering or accumulating within the components during conditions of flooding. (Ord. 5231 §1 (part), 2013: Ord. 4965 §3, 2006: Ord. 4233 §1, 1989; Ord. 3544 §5.1-2, 1979) 17.60.260 UTILITIES. (a) All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters into the system. (b) New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters into the systems and discharge from the sys- tems into floodwaters. (c) On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding. (d) Water wells shall be located on high ground that is not in the floodway. (Ord. 5231 §1 (part), 2013: Ord. 3544 §5.1-3, 1979) 17.60.270 SUBDIVISION PROPOSALS. (a) All subdivision proposals shall be consistent with the need to minimize flood damage. (b) All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize flood damage. (c) All subdivision proposals shall have adequate drainage provided to reduce exposure to flood damage. (d) Base flood elevation data shall be provided for subdivision proposals and other proposed development which contain at least fifty (50) lots or five (5) acres, whichever is less. (Ord. 5231 §1 (part), 2013: Ord. 3544 §5.1-4, 1979) 17.60.280 REVIEW OF BUILDING PERMITS. Where elevation data is not available either through the Flood Insurance Study or from another authoritative source (BMC 17.60.140(b)), applications for building permits shall be reviewed to assure that proposed con- struction will be reasonably safe from flooding. The test of reasonableness is a local judgment and includes use of historical data, high water marks, photographs of past flooding, etc., where available. Base flood elevation data and reference marks are generally provided throughout Bremerton and are indicated on Bremerton’s flood insurance map. Failure to elevate at least two (2) feet above grade in these zones may result in higher insurance rates. (Ord. 5231 §1 (part), 2013: Ord. 4103 §4, 1987; Ord. 3544 §5.1-5, 1979) 17.60.290 FLOOD HAZARD PROTECTION - SPECIFIC STANDARDS. In all areas of special flood hazards where base flood elevation data has been provided as set forth in BMC 17.60.070, the provisions set out in BMC 17.60.300 through 17.60.320 are required. (Ord. 5231 §1 (part), 2013: Ord. 3544 §5.2, 1979) 17.60.300 RESIDENTIAL CONSTRUCTION. (a) New construction and substantial improve- ment of any residential structure shall have the lowest floor, including basement, elevated to one (1) foot or more above base flood elevation. (b) Fully enclosed areas below the lowest floor that are subject to flooding are prohibited, or shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this require- ment must either be certified by a registered profes- sional engineer or architect or must meet or exceed the following minimum criteria: (1) A minimum of two (2) openings have a total net area of not less than one (1) square inch of every square foot of enclosed area subject to flooding shall be provided. (Revised 2/14)17.60-8 17.60.310 (2) The bottom of all openings shall be no higher than one (1) foot above grade. (3) Openings may be equipped with screens, louvers, or other coverings or devices; provided, that they permit the automatic entry and exit of floodwaters. (Ord. 5231 §1 (part), 2013: Ord. 4965 §4, 2006: Ord. 4103 §5, 1987; Ord. 3544 §5.2-1, 1979) 17.60.310 NONRESIDENTIAL CONSTRUCTION. New construction and substantial improvement of any commercial, industrial or other nonresidential struc- ture shall either have the lowest floor, including base- ment, elevated to one (1) foot or more above the level of the base flood elevation, or, together with attendant util- ity and sanitary facilities, shall: (a) Be floodproofed so that below one (1) foot or more above the base flood level the structure is water- tight with walls substantially impermeable to the pas- sage of water; (b) Have structural components capable of resist- ing hydrostatic and hydrodynamic loads and effects of buoyancy; and (c) Be certified by a registered professional engi- neer or architect that the design and methods of con- struction are in accordance with accepted standards of practice for meeting provisions of this section based on their development and/or review of the structural design, specifications and plans. Such certifications shall be provided to the official as set forth in BMC 17.60.140(c)(2). (d) Nonresidential structures that are elevated, not floodproofed, must meet the same standards for space below the lowest floor as described in BMC 17.60.300(b). (e) Applicants floodproofing nonresidential build- ings shall be notified that flood insurance premiums will be based on rates that are one (1) foot below the flood- proofed level (e.g., a building constructed to the base flood level will be rated as one (1) foot below that level). (Ord. 5231 §1 (part), 2013: Ord. 5020 §4, 2007: Ord. 4965 §5, 2006: Ord. 4233 §2, 1989; Ord. 4103 §7, 1987; Ord. 3544 §5.2-2, 1979) 17.60.315 CRITICAL FACILITY. Construction of new critical facilities shall be, to the extent possible, located outside the limits of the spe- cial flood hazard area (SFHA) one hundred (100) year floodplain. Construction of new critical facilities shall be permissible within the SFHA if no feasible alterna- tive site is available. Critical facilities constructed within the SFHA shall have the lowest floor elevated three (3) feet above BFE or to the height of the five hun- dred (500) year flood, whichever is higher. Access to and from the critical facility should also be protected to the height utilized above. Floodproofing and sealing measures must be taken to ensure that toxic substances will not be displaced by or released into the floodwaters. Access routes elevated to or above the level of the base flood elevation shall be provided to all critical facilities to the extent possible. (Ord. 5231 §1 (part), 2013) 17.60.320 MANUFACTURED/MOBILE HOMES. All manufactured/mobile homes in the floodplain to be placed or substantially improved on sites shall be elevated on a permanent foundation such that the lowest floor of the manufactured/mobile home is elevated one (1) foot or more above the base flood elevation and be securely anchored to an adequately anchored foundation system to resist flotation, collapse and lateral move- ment. (Ord. 5231 §1 (part), 2013: Ord. 5020 §5 (part), 2007: Ord. 4965 §6, 2006: Ord. 3544 §5.2-3, 1979) 17.60.325 RECREATIONAL VEHICLES. Recreational vehicles placed on sites in the flood- plain are required to either: (a) Be on the site for fewer than one hundred eighty (180) consecutive days; or (b) Be fully licensed and ready for highway use, on wheels or jacking system, attached to the site only by quick disconnect type utilities and security devices, and have no permanently attached additions; or (c) Meet the requirements for manufac- tured/mobile homes as found in BMC 17.60.320. (Ord. 5231 §1 (part), 2013: Ord. 5020 §5 (part), 2007) 17.60.330 FLOODWAYS. Located within areas of special flood hazard estab- lished in BMC 17.60.070 are portions of Gorst and Par- ish Creeks which are designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of floodwaters which carry debris, potential projectiles, and erosion potential projectiles, and ero- sion potential, the following provisions apply: (a) Prohibit encroachments, including fill, new construction, substantial improvements and other devel- opment unless certification by a registered professional engineer or architect is provided demonstrating that encroachments shall not result in any increase in flood levels during the occurrence of the base flood discharge; (b) If subsection (a) of this section is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction pro- visions of BMC 17.60.230 through 17.60.320; (c) Construction or reconstruction of residential structures is prohibited within designated floodways, except for: (1) Repairs, reconstruction, or improvements to a structure which do not increase the ground floor area; and 17.60-9 (Revised 2/14) Bremerton Municipal Code 17.60.350 (2) Repairs, reconstruction or improvements to a structure, the cost of which does not exceed fifty (50) percent of the market value of the structure either: (i) Before the repair or reconstruction is started, or (ii) If the structure has been damaged, and is being restored before the damage occurred. Work done on structures to comply with existing health, sani- tary, or safety codes which have been identified by the Code Enforcement or Building Official and are the min- imum necessary to assure safe living conditions shall not be included in the fifty (50) percent determination in subsection (c)(2) of this section; (d) Manufactured/mobile homes are prohibited in designated floodways. (Ord. 5231 §1 (part), 2013: Ord. 5020 §6, 2007: Ord. 4233 §3, 1989; Ord. 3544 §5.3, 1979) 17.60.340 ZONES WITH BASE FLOOD ELEVATIONS BUT NO FLOODWAYS. In areas with base flood elevations (but a regulatory floodway has not been designated), no new construc- tion, substantial improvements, or other development (including fill) shall be permitted within Zones A1-30 and AE on the community’s FIRM, unless it is demon- strated that the cumulative effect of the proposed devel- opment, when combined with all other existing and anticipated development, will not increase the water surface elevation of the base flood more than one (1) foot at any point within the community. (Ord. 5231 §1 (part), 2013) 17.60.350 COASTAL HIGH HAZARD AREAS. Located within areas of special flood hazard estab- lished in BMC 17.60.070 are coastal high hazard areas, designated as Zones V1-30, VE and/or V. These areas have special flood hazards associated with high velocity waters from surges and, therefore, in addition to meeting all provisions in this chapter, the following provisions shall also apply: (a) All new construction and substantial improve- ments in Zones V1-30 and VE (V if base flood elevation data is available) on the community’s FIRM shall be elevated on pilings and columns so that: (1) The bottom of the lowest horizontal struc- tural member of the lowest floor (excluding the pilings or columns) is elevated one (1) foot or more above the base flood level; and (2) The pile or column foundation and struc- ture attached thereto is anchored to resist flotation, col- lapse and lateral movement due to the effects of wind and water loads acting simultaneously on all building components. Wind and water loading values shall each have a one (1) percent chance of being equaled or exceeded in any given year (one hundred (100) year mean recurrence interval). A registered professional engineer or architect shall develop or review the structural design, specifications and plans for the construction, and shall certify that the design and methods of construction to be used are in accordance with accepted standards of practice for meeting the provisions of subsections (a)(1) and (2) of this section. (b) Obtain the elevation (in relation to mean sea level) of the bottom of the lowest structural member of the lowest floor (excluding pilings and columns) of all new and substantially improved structures in Zones V1- 30, VE, and V on the community’s FIRM and whether or not such structures contain a basement. The local administrator shall maintain a record of all such infor- mation. (c) All new construction within Zones V1-30, VE, and V on the community’s FIRM shall be located land- ward of the reach of mean high tide. (d) Provide that all new construction and substan- tial improvements within Zones V1-30, VE, and V on the community’s FIRM have the space below the lowest floor either free of obstruction or constructed with non- supporting breakaway walls, open wood lattice-work, or insect screening intended to collapse under wind and water loads without causing collapse, displacement, or other structural damage to the elevated portion of the building or supporting foundation system. For the pur- poses of this section, a breakaway wall shall have a design safe loading resistance of not less than ten (10) and no more than twenty (20) pounds per square foot. Use of breakaway walls which exceed a design safe loading resistance of twenty (20) pounds per square foot (either by design or when so required by local or state codes) may be permitted only if a registered profes- sional engineer or architect certifies that the design pro- posed meets the following conditions: (1) Breakaway wall collapse shall result from water load less than that which would occur during the base flood; and (2) The elevated portion of the building and supporting foundation system shall not be subject to col- lapse, displacement, or other structural damage due to the effects of wind and water loads acting simultane- ously on all building components (structural and non- structural). Maximum wind and water loading values to be used in this determination shall each have a one (1) percent chance of being equaled or exceeded in any given year (one hundred (100) year mean recurrence interval). If breakaway walls are utilized, such enclosed space shall be usable solely for parking of vehicles, building access, or storage. Such space shall not be used for human habitation. (Revised 2/14)17.60-10 17.60.350 (e) Prohibit the use of fill for structural support of buildings within Zones V1-30, VE, and V on the com- munity’s FIRM. (f) Prohibit manmade alteration of sand dunes within Zones V1-30, VE, and V on the community’s FIRM which would increase potential flood damage. (g) All manufactured homes to be placed or sub- stantially improved within Zones V1-30, V, and VE on the community’s FIRM on sites: (1) Outside of a manufactured home park or subdivision; (2) In a new manufactured home park or sub- division; (3) In an expansion to an existing manufac- tured home park or subdivision; or (4) In an existing manufactured home park or subdivision on which a manufactured home has incurred "substantial damage" as the result of a flood; shall meet the standards of subsections (a) through (f) of this section, and manufactured homes placed or substan- tially improved on other sites in an existing manufac- tured home park or subdivision within Zones V1-30, V and VE on the FIRM shall meet the requirements of BMC 17.60.320. (h) Recreational vehicles placed on sites within Zones V1-30, V and VE on the community’s FIRM shall either: (1) Be on the site for fewer than one hundred eighty (180) consecutive days; or (2) Be fully licensed and ready for highway use, on its wheels or jacking system, attached to the site only by quick disconnect type utilities and security devices, and have no permanently attached additions; or (3) Meet the requirements of BMC 17.60.120 (development permit required) and subsections (a) through (f) of this section. (Ord. 5231 §1 (part), 2013) 18.02-1 (Revised 2/14) Chapter 18.02 CITY FIRE CODE Sections: 18.02.010 PURPOSE. 18.02.020 FIRE CODE - ADOPTED. 18.02.025 AUTHORITY. 18.02.030 CODE CONFLICTS. 18.02.040 AMENDMENTS TO THE IFC - ADMINISTRATION. 18.02.050 AMENDMENTS TO THE INTERNATIONAL FIRE CODE - SECTION 311, VACANT PREMISES. 18.02.055 AMENDMENTS TO THE INTERNATIONAL FIRE CODE - CHAPTER 4, EMERGENCY PREPAREDNESS. 18.02.060 AMENDMENTS TO THE INTERNATIONAL FIRE CODE - CHAPTER 5, FIRE SERVICE FEATURES. 18.02.070 AMENDMENTS TO THE INTERNATIONAL FIRE CODE - SECTION 901, GENERAL. 18.02.080 AMENDMENTS TO THE INTERNATIONAL FIRE CODE - SECTION 903, AUTOMATIC SPRINKLER SYSTEMS. 18.02.090 AMENDMENTS TO THE INTERNATIONAL FIRE CODE - SECTION 907, FIRE ALARM AND DETECTION SYSTEMS. 18.02.100 AMENDMENTS TO THE INTERNATIONAL FIRE CODE - SECTION 913, FIRE PUMPS. 18.02.110 AMENDMENTS TO THE INTERNATIONAL FIRE CODE - CHAPTER 23, MOTOR FUEL- DISPENSING FACILITIES AND REPAIR GARAGES. 18.02.120 AMENDMENTS TO THE INTERNATIONAL FIRE CODE - CHAPTER 33, FIRE SAFETY DURING CONSTRUCTION AND DEMOLITION. 18.02.130 AMENDMENTS TO THE INTERNATIONAL FIRE CODE - APPENDIX D, FIRE APPARATUS ACCESS ROADS. 18.02.140 FIRE CODES - FEES. 18.02.150 CITY OF BREMERTON FALSE ALARM CODE. 18.02.160 RESERVED. 18.02.170 AUTOMATIC SPRINKLER SYSTEMS - BUILDINGS CONTAINING TWO (2) OR LESS DWELLING UNITS. 18.02.180 SPECIFIC VIOLATIONS - FINES. 18.02.190 VIOLATION - PENALTY. 18.02.200 APPEALS. 18.02.010 PURPOSE. The purpose of the City Fire Code is to prescribe regulations consistent with nationally recognized good practice for safeguarding to a reasonable degree of pro- tection the life and property of our citizens from the haz- ards of fire and explosion arising from the storage, handling and use of hazardous substances, materials and devices, and from conditions hazardous to life or prop- erty in the use or occupancy of buildings or premises. It is understood the fire code and its referenced documents are to provide a framework for the fire and life safety requirements to protect the citizens and emergency responders from the predictable situations the codes reg- ulate. Therefore under no circumstance shall any space, occupancy or other location be allowed to be occupied or otherwise utilized, whether temporarily or perma- nently, without the Fire Code Official’s written authori- zation. (Ord. 5234 §1 (part), 2013: Ord. 5112 §1 (part), 2010: Ord. 5016 §1 (part), 2007: Ord. 4903 §1, 2004) 18.02.020 FIRE CODE - ADOPTED. In accordance with Chapter 19.27 RCW, the Inter- national Fire Code, 2012 Edition, published by the Inter- national Code Council, Inc., together with any additions, deletions, and exceptions currently enacted or as may be amended from time to time by the State of Washington through its Building Code Council pursu- ant to Chapter 51-54 of the Washington Administrative Code ("WAC"), and International Fire Code, 2012 Edi- tion, Appendices B, C, D, H, and I, and as further amended in this chapter, is hereby adopted and incorpo- rated by this reference. One (1) copy of the International Fire Code is on file with the City’s Fire Code Official. (Ord. 5234 §1 (part), 2013: Ord. 5112 §1 (part), 2010: Ord. 5016 §1 (part), 2007: Ord. 4903 §1, 2004) 18.02.025 AUTHORITY. The Fire Code Official is authorized to enforce the provisions of the Fire Code. "Fire Code Official" shall mean the City of Bremerton Fire Marshal or other City official designated by the City of Bremerton Fire Chief who shall be the formal administrator of the City Fire Code. (Ord. 5234 §1 (part), 2013) (Revised 2/14)18.02-2 18.02.030 CODE CONFLICTS. To the extent allowed by RCW 19.27.040, if a con- flict exists between the provisions of the International Fire Code adopted and amended by the Washington State Building Code Council and the provisions of this chapter, the Bremerton Municipal Code provisions shall govern. (Ord. 5234 §1 (part), 2013: Ord. 5112 §1 (part), 2010: Ord. 5016 §1 (part), 2007: Ord. 4903 §1, 2004) 18.02.040 AMENDMENTS TO THE IFC - ADMINISTRATION. (a) General Authority and Responsibilities - Retained Authority. Section 104 of the International Fire Code, entitled "General Authority and Responsibil- ities," is amended by adding the following new Subsec- tion 104.1.1: Sec. 104.1.1 Retained authority - Additional conditions. The Fire Code Official retains the authority to impose additional conditions where the official determines it necessary to mitigate identified fire protection impacts. These condi- tions may include, by way of example and with- out limitation, increased setbacks, use of fire retardant materials, installation of standpipes, smoke and heat vents, draft curtains, smoke control, fire sprinkler and fire alarm systems, in- cluding temporary provisions and without limita- tion such as fire watch, fire department standby, blocking of roads and additional fire safety in- spections. (b) General Authority and Responsibilities - Lot Lines and Setback Lines. Section 104 of the Interna- tional Fire Code, entitled "General Authority and Responsibilities," is amended by adding the following new Subsection 104.12: Sec. 104.12 Lot lines and setback lines. Not- withstanding the authority of the Fire Code Offi- cial to administer and enforce the fire code, the Fire Code Official shall have no duty to verify or establish lot lines or setback lines. No such duty is created by this code and none shall be im- plied. (c) Permits - Fees. Section 105 of the International Fire Code, entitled "Permits," is amended by adding the following new Subsection 105.1.4: Sec. 105.1.4 Fees. The Fire Code Official shall prepare a resolution establishing a schedule of fees, if any, for council consideration, which fees shall include the cost involved in the pro- cessing, issuance, and renewal of permits and certificates. Any fee schedule adopted by reso- lution shall govern the fee amount to be as- sessed for any permit or certificate and the Fire Code Official shall collect those fees as a con- dition to issuance or renewal of any permit or certificate. Failure to pay for either an original permit or the required renewal within 30 days of the date notice is given, shall result in the City’s termination of the permit or certificate applica- tion. (d) Permits - Term. Section 105 of the Interna- tional Fire Code, entitled "Permits," is amended by add- ing the following new Subsection 105.3.6.1: Sec. 105.3.6.1 Unsafe Situations: Actions tak- en outside of the guidelines contained within any permit required by section 105 of the IFC shall be deemed unsafe and shall entitle the Fire Code Official to immediately have all utili- ties including but not limited to: electricity, wa- ter, sewer and gas shut off or otherwise disconnected from the site. Utilities shall not be restored without the conditions of all required permit(s) resolved. (e) Board of Appeals. Section 108 of the Interna- tional Fire Code, entitled "Board of appeals," is amended by substituting Section 108 with the follow- ing: Sec. 108 Board of appeals. The City of Bremerton hearings examiner is designated as the board of appeals in order to hear and decide appeals of orders, decisions, or determinations made by the Fire Code Official relative to the suitability of alternate materials, designs, and methods of construction and appeals of the rea- sonable application of the Fire Code. Appeals shall be made as set forth in section 18.02.200 of the Bremerton Municipal Code. (f) Violation Penalties. Section 109 of the Interna- tional Fire Code, entitled "Violations," is amended by substituting Subsection 109.3 with the following: Sec. 109.3 Violation penalties. Any person, company or corporation who violates any provi- sion of this code or fails to comply with any of its requirements or who erects, constructs, alters, or repairs a building or structure or building sys- tem in violation or inconsistent with (a) the ap- proved construction documents, (b) a directive of the Fire Code Official, or (c) a permit or cer- tificate issued under the provisions of this code, or operates without such permit, shall be sub- ject to penalties as set forth in section 18.02.190 of the Bremerton Municipal Code or as otherwise provided by law. 18.02-3 (Revised 2/14) (g) General Definitions. Section 202 of the Inter- national Fire Code is amended to add the following gen- eral definitions: APWA is the American Public Works Associa- tion. AWWA is the American Water Works Associa- tion. FIRE FLOW. A measure of the sustained flow of available water for firefighting at a specific building or within a specific area at 20 pounds- per-square-inch residual pressure. FIRE WALL. An approved wall of not less than 4 hour fire-resistive construction with no open- ings, which extends vertically from the founda- tion to terminate in a parapet not less than 30 inches above the roof, and which extends hori- zontally to the furthest projection of any portion of the building or to a point 30 inches beyond the intersecting exterior wall, whichever is fur- thest. As an alternative to the horizontal require- ments, such fire wall may be extended a minimum of 30 inches along both sides of the intersecting exterior wall, provided there are no projections beyond the intersecting exterior wall. LIFE SAFETY RESCUE ACCESS. Unobstruct- ed access to all floor levels and each roof level of a building on not less than 20 percent of the building perimeter by utilizing a 35 foot ladder. An alternate method would be at least 1 stair- way enclosure with exit doorways from each floor level and with a door opening onto each roof level which conforms to the requirements of the International Building Code. PRIVATE HYDRANT is a fire hydrant situated and maintained to provide water for firefighting purposes with restrictions as to use. PUBLIC HYDRANT is a fire hydrant situated and maintained to provide water for firefighting purposes without restrictions as to use for that purpose and is accessible for immediate use at all times. (Ord. 5234 §1 (part), 2013: Ord. 5112 §1 (part), 2010: Ord. 5016 §1 (part), 2007: Ord. 4903 §1, 2004) 18.02.050 AMENDMENTS TO THE INTERNATIONAL FIRE CODE - SECTION 311, VACANT PREMISES. The following local amendments to Section 311 of the International Fire Code, entitled "Fire Protection," are adopted and incorporated into the International Fire Code: (a) Vacant Premises - Fire Protection Systems. Section 311 of the International Fire Code, entitled "Vacant Premises," is amended by substituting Subsec- tion 311.2.2 with the following: Sec. 311.2.2 Fire protection. Fire alarm, sprin- kler, and standpipe systems shall be main- tained in an operable condition at all times. Exception: If, in the opinion of the Fire Code Official, the premises (a) has been cleared of all combustible materials and debris, (b) is of the type of construction with sufficient fire separa- tion distance so as to not create a fire hazard, (c) has been secured to prohibit entry by unau- thorized persons, and (d) has buildings that will not be heated, potentially exposing fire protec- tion systems to freezing temperatures, then the Fire Code Official may allow fire alarm and sprinkler systems to be placed out of service and may allow standpipes to be maintained as dry systems (without an automatic water sup- ply). (Ord. 5234 §1 (part), 2013: Ord. 5112 §1 (part), 2010: Ord. 5016 §1 (part), 2007: Ord. 4903 §1, 2004) 18.02.055 AMENDMENTS TO THE INTERNATIONAL FIRE CODE - CHAPTER 4, EMERGENCY PREPAREDNESS. The following local amendments to Chapter 4 of the International Fire Code, entitled "Emergency Plan- ning and Preparedness," are hereby adopted: Sec. 401.9 Hardwired Telephones. All occu- pancies with hardwired telephones, new and existing, when 911 is dialed shall correctly re- port the address of the actual location dialed from. (Ord. 5234 §1 (part), 2013: Ord. 5112 §1 (part), 2010) 18.02.060 AMENDMENTS TO THE INTERNATIONAL FIRE CODE - CHAPTER 5, FIRE SERVICE FEATURES. The following local amendments to Chapter 5 of the International Fire Code, entitled "Fire Service Fea- (Revised 2/14)18.02-4 tures," are adopted and incorporated into the Interna- tional Fire Code: (a) Fire Service Features - Fire Apparatus Access Roads. Section 503 of the International Fire Code, enti- tled "Fire Apparatus Access Roads," is hereby adopted. (b) Fire Apparatus Access Roads - Where Required. Section 503 of the International Fire Code, entitled "Fire Apparatus Access Roads," is amended by adding the following new Subsection 503.1.4: Sec. 503.1.4 Residential access. For develop- ment of Group R-3 occupancies accessed from a fire apparatus access road that does not meet specifications set forth in Section 503 and Ap- pendix D, and automatic fire sprinkler system is required in compliance with BMC 18.02.080(n). Exception: All residential development on lots that are existing or have received preliminary subdivision approval prior to December 1, 2013, unless otherwise required. (c) Fire Apparatus Access Roads - Dimensions. Section 503 of the International Fire Code, entitled "Fire Apparatus Access Roads," is amended by substituting Subsection 503.2.1 with the following: Sec. 503.2.1 Dimensions. Unless otherwise approved by the Fire Code Official, the following minimum dimensions shall apply for fire appara- tus access roads: 1. Fire apparatus access roads shall have an unobstructed width of not less than 20 feet (6096 mm), except for approved security gates in accordance with section 503.6 and Appendix D 103.5, and an unobstructed vertical clearance of not less than 13 feet 6 inches (4115 mm). 2. In the immediate vicinity of any building or portion thereof in excess of 28 feet in height, the fire apparatus access road shall have an unob- structed width of not less than 26 feet (7924 mm) and an unobstructed vertical clearance of not less than 13 feet 6 inches (4115 mm). (d) Fire Apparatus Access Roads - Bridges and Elevated Surfaces. Section 503 of the International Fire Code, entitled "Fire Apparatus Access Roads," is amended by substituting Subsection 503.2.6 with the following: Sec. 503.2.6 Bridges and elevated surfaces. Where a bridge or an elevated surface is part of a fire apparatus access road or likely to be used during emergency operations, including EMS, the bridge or elevated surface shall be con- structed and maintained in accordance with specifications established by the Fire Code Of- ficial and the City’s public works director, or their designees; at a minimum, however, the bridge or elevated surface shall be constructed and maintained in accordance with AASHTO Standard Specifications for Highway Bridges. Bridges and elevated surfaces shall be de- signed for a live load sufficient to carry the im- posed loads of a 35 or more ton fire apparatus, the total imposed load to be determined by the Fire Code Official. Vehicle load limits shall be posted at both entrances to bridges when re- quired by the Fire Code Official. Where elevat- ed surfaces designed for emergency vehicle use are adjacent to surfaces which are not de- signed for that use, approved barriers or ap- proved signs, or both, shall be installed and maintained, if required by the Fire Code Official. (e) Fire Apparatus Access Roads - Marking. Sec- tion 503 of the International Fire Code, entitled "Fire Apparatus Access Roads," is amended by substituting Subsection 503.3 with the following: Sec. 503.3 Marking. Fire apparatus access roads shall be marked whenever necessary to maintain the unobstructed minimum required width of roadways, as determined by the Fire Code Official. Subject to the Fire Code Official’s prior written approval, marked fire apparatus access roads, or "fire lanes" as defined in sec- tion 502.1 of the code, may be established or relocated at the time of plan review, pre-con- struction site inspection, and/or post construc- tion site inspection as well as any time during the life of the occupancy. Only those fire appa- ratus access roads established by the Fire Code Official can utilize red marking paint and the term "fire lane." Once a fire lane is estab- lished it shall be maintained in a clean and leg- ible condition at all times or repair/replaced to maintain visibility. Fire lanes shall be marked as directed by the Fire Code Official with one or more of the following types of marking: 503.3.1 Type 1. The following shall apply to Type 1 marking: 1. Curbs shall be identified by red traffic paint with a 6 inch wide stripe on the top and front, ex- tending the length of the designated fire lane. 2. Rolled curbs shall be identified by red traf- fic paint with a 6 inch wide stripe on the curb, ex- tending the length of the designated fire lane. 3. Lanes without curbs shall be identified by red traffic paint with a 6 inch wide stripe on the 18.02-5 (Revised 2/14) pavement, extending the length of the designat- ed fire lane. 4. The words "NO PARKING - FIRE LANE" shall be in 3 inch stroke white letters 18 inches in height, and placed 8 inches measured per- pendicular from the red paint stripe on the pave- ment. In most cases, both sides of the access road shall be marked. Where long drives are to be marked, the repetitions shall alternate sides of the drive. 503.3.2 Type 2. The following shall apply to Type 2 marking: In addition to the requirements for Type 1 mark- ing, Type 2 marking shall also include the addi- tion of metal signs stating "NO PARKING - FIRE LANE" to be installed at intervals or locations designated by the Fire Code Official. The signs shall be approximately 12 inches in width and 18 inches in height and have red letters on a white background. Metal signs shall be installed on either 2 inch metal pipes, for private proper- ty, or treated 4 inch by 4 inch wood posts, for public property, and shall be located so that the bottom of the sign is a minimum of 7 feet above the curb. Where fire lanes are adjacent to build- ings or structures and when approved or direct- ed by the Fire Code Official, the signs may be placed on the face of the building or structure. 503.3.3 Type 3. The following shall apply to Type 3 marking: Where directed by the Fire Code Official, specif- ic areas shall be designated and those areas are to be marked with diagonal striping across the width of the fire lane. Diagonal marking shall be used in conjunction with painted curbs and/or edge striping and shall run at an angle of 30 to 60 degrees from one side to the other. These diagonal lines shall be in red traffic paint, parallel with each other, at least 6 inches in width, and 24 inches apart. Lettering shall occur as with Type 1 marking. 503.3.4 Street or Road Signs. Street or road signs shall be provided for all private and public roads. All private street and road signs shall be designed and installed to meet public road sign standards as set by the City of Bremerton Street Department; any expense shall be the respon- sibility of the property owner. New street and road signs shall be posted within 30 days after receiving approval from the City of Bremerton Engineering Department. 503.3.5 Alternate materials and methods. The Fire Code Official may modify, on a case- by-case basis, any of the marking provisions in this subsection 503.3 where practical difficulties exist. Modification requests shall be submitted in writing to the Fire Code Official setting forth a suggested alternative. (f) Access to Building Openings and Roofs - Required Access. Section 504 of the International Fire Code, entitled "Access to Building Openings and Roofs," is amended by substituting Subsection 504.1 with the following: Sec. 504.1 Required access. The following points of access must be provided: 1. Exterior doors and openings required by this code or the International Building Code shall be maintained readily accessible for emer- gency access by the fire department. 2. Each tenant space provided with a second- ary exit to the exterior or exit corridor shall be provided with tenant identification by business name and/or address. Letters and numbers shall be posted on the corridor/exterior side of the door, be plainly legible, and shall contrast with their background. 3. An approved access walkway shall be pro- vided to connect fire apparatus access roads to exterior openings. 4. All rescue windows shall be accessible by a 35-foot ground extension ladder placed so that the inclination of the ladder does not ex- ceed 70 degrees. An area of discharge, 36 inch- es in all directions around the base of the ladder, shall be provided. Ladders and associ- ated areas of discharge shall be located within the property lines. 5. All occupancies shall be required to pro- vide approved life safety rescue access, as de- fined in section 202 of the International Building Code or the International Residential Code as applicable. (g) Premises Identification. Section 505 of the International Fire Code, entitled "Premises Identifica- tion," is amended by adding the following new Subsec- tion 505.1.1: 505.1.1 Address numbers for Commercial Buildings. Address numbers for commercial buildings shall be 12" and contrast with the background. Individual unit/suite or space num- (Revised 2/14)18.02-6 bers or letter shall be 6" in size and contrasting with the background and visible from the ap- proach side or angle. Housing developments which contain 100 or more dwelling units which alley ways are or may be used for access to dwelling units shall have 4" minimum house numbers including street designation included. The street designation may be a smaller size, but no less than 2" in size. Example: (h) Fire Protection Water Supplies - Where Required. Section 507 of the International Fire Code, entitled "Fire Protection Water Supplies," is amended by substituting Subsection 507.5.1 with the following: Sec. 507.5.1 Where required. All buildings or structures shall be located so that there is at least 1 hydrant within 150 feet, and no portion of the building or structure is more than 300 feet from a hydrant, as measured by an approved route. Exceptions: 1. For Group R-3 and Group U occupancies the distance required shall be 600 feet (183 m). 2. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with section 903.3.1.1, 903.3.1.2, or other approved fire protection sys- tem, the distance requirement shall be 600 feet (183 m). (i) Fire Protection Water Supplies - Existing Non- conforming Hydrants. Section 507 of the International Fire Code, entitled "Fire Protection Water Supplies," is amended to add a new Subsection 507.5.7 as follows: Sec. 507.5.7 Existing non-conforming hy- drants. At such time as an existing hydrant, which does not conform to the requirements and standards of this section, is replaced, it shall be replaced with a hydrant that does con- form to the standards and requirements of this section. (j) Fire Protection Water Supplies - Installation Requirements. Section 507 of the International Fire Code, entitled "Fire Protection Water Supplies," is amended by substituting Subsection 507.5.8 with the following: Sec. 507.5.8 Installation requirements. All fire hydrants shall be installed in accordance with the specifications established by the Fire Code Official and the Director of Public Works and Utilities, or his or her designee, or at a min- imum, in accordance with the currently adopted NFPA, APWA, or AWWA standards. In addition, unless modified by written decision of the Fire Code Official, the following requirements shall apply to all building construction projects: 1. All fire hydrant piping, valves, and related appurtenances shall be approved by the City’s public works department. 2. The fire hydrant installation and its atten- dant water system connection shall conform to the City’s specifications and design and con- struction standards. 3. An auxiliary gate valve shall be installed at the main line tee to permit the repair and re- placement of the hydrant without disruption of water service. 4. All hydrants shall be plumb, plus or minus 3 degrees, to be set to finished grade with the bottom flange 2 inches above the ground or curb grade and have no less than 36 inches in diameter of clear area around the hydrant for the clearance of hydrant wrenches on both out- lets and the operating nut. 5. The largest port shall face the most likely direction of approach and location of the fire ap- paratus while pumping as determined by the Fire Code Official. Distance from the pumper port to the street curb shall be no further than 10 feet. 6. The lead from the service main to the hy- drant shall be no less than 6 inches in diameter. Any hydrant leads over 50 feet in length from the water main to hydrant shall be no less than 8 inches in diameter. 7. All hydrants installed in single family resi- dential areas shall be supplied by not less than 6 inch mains and shall be capable of delivering 1,000 gpm fire flow over and above average maximum demands at the farthest point of the installation except with Fire Code Official ap- proval and the home is installed with a fire sprin- kler system in accordance with this code. 18.02-7 (Revised 2/14) 8. All hydrants shall have at least 5 inch mini- mum valve openings, "O" ring stem seal, two 2- 1/2 inch national standard thread hose ports, one 4-1/2 inch steamer port with national stan- dard threads or otherwise determined by the Fire Code Official. In addition, all hydrants shall meet AWWA standards for public hydrants and be of a type approved for use in the City by the City’s public works department. In addition, all hydrants shall be equipped with a 5 inch Storz adapter on the steamer port and, when required by the Fire Code Official, locking Storz caps. 9. All pipe shall meet the City standards as determined by the public works department. Piping located entirely within private property and maintained by the property owner shall meet the requirements and be approved by the Fire Code Official. The Fire Code Official may approve any piping material that has been test- ed and approved by a nationally recognized testing laboratory. 10. The maximum distance between hydrants in single family use district zones shall be 600 feet. 11. The maximum distance between hydrants in commercial, industrial, and apartment (in- cluding duplex) use zones shall be 300 feet. 12. Lateral spacing of hydrants shall be predi- cated on hydrants being located at street inter- sections. 13. The appropriate water authority and the fire department shall be notified in writing of the an- ticipated date the hydrant installation and its at- tendant water connection system will be available for use. 14. All hydrants shall meet City of Bremerton Hydrant Identification standards as established by the Fire Code Official. (k) Fire Protection Water Supplies - Notification. Section 507 of the International Fire Code, entitled "Fire Protection Water Supplies," is amended by adding a new Subsection 507.6 as follows: Sec. 507.6 Notification. The owner of property on which private hydrants are located and the public agencies that own or control public hy- drants must provide the Fire Code Official with the following written service notifications: Sec. 507.6.1 In-service notification. The Fire Code Official shall be notified when any newly installed hydrant or main is placed into service. Sec. 507.6.2 Out-of-service notification. Where any hydrant is out of service or has not yet been placed in service, the hydrant shall be identified as being out of service and shall be appropriately marked as out of service, by a method approved by the Fire Code Official. (l) Fire Protection Water Supplies - Dead-End Mains Prohibited. Section 507 of the International Fire Code, entitled "Fire Protection Water Supplies," is amended by adding a new Subsection 507.7 as follows: Sec. 507.7 Dead-end mains prohibited. When appropriate, all water mains in any proj- ect shall be looped. (m) Fire Protection Water Supplies - Building Per- mit Requirements. Section 507 of the International Fire Code, entitled "Fire Protection Water Supplies," is amended by adding a new Subsection 507.8 as follows: Sec. 507.8 Building permit requirements. No building permit shall be issued until all plans re- quired by this section have been submitted and approved in accordance with the provisions of this section. No combustible construction be- yond the foundation shall be permitted until all hydrants and mains required by this section are in place and approved. (n) Fire Department Access to Equipment - Identi- fication. Section 509 of the International Fire Code, entitled "Fire Department Access to Equipment," is amended by substituting Subsection 509.1 with the fol- lowing: Sec. 509.1 Identification. The following identi- fication requirements shall apply to access to equipment. 1. Fire protection equipment and fire hydrants shall be clearly identified in an approved man- ner to prevent parking and/or other obstruc- tions. 2. Entrances to rooms containing controls for air-conditioning systems, sprinkler risers and valves, or other fire detection, suppression, or control elements shall be identified for the use of the fire department. 3. Approved signs are required to identify fire protection equipment and equipment location. (Revised 2/14)18.02-8 Signs shall be constructed of durable materials, permanently installed, and readily visible. 4. All fire department connections shall have a sign approved by the Fire Code Official. The sign shall specify the type of water-based fire protection system it serves and the building ar- eas served. 5. All main control valves and sectional valves for water-based fire protection systems shall have a sign specifying what the valves control. 6. All sprinklers and standpipe risers shall have signs to indicate which type of water- based fire protection system is being used. (Ord. 5234 §1 (part), 2013: Ord. 5112 §1 (part), 2010: Ord. 5016 §1 (part), 2007: Ord. 4903 §1, 2004) 18.02.070 AMENDMENTS TO THE INTERNATIONAL FIRE CODE - SECTION 901, GENERAL. The following local amendments to Section 901 of the International Fire Code, entitled "General," are adopted and incorporated into the International Fire Code: (a) Fire Protection Systems - Scope. Section 901 of the International Fire Code, entitled "General," is amended by substituting Subsection 901.1 with the fol- lowing: Sec. 901.1 Scope. The provisions of this chap- ter shall apply to all occupancies and buildings, shall specify where fire protection systems are required, and shall apply to the design, installa- tion, inspection, operation, testing, and mainte- nance of all fire protection systems; however, nothing contained in this chapter shall diminish or reduce the requirements of any duly adopted building codes, including state and local amendments, or other City ordinances, resolu- tions, or regulations. In the event of any conflict in requirements among these codes, ordinanc- es, resolutions, or regulations, the more strin- gent provision shall apply. (b) Fire Protection Systems - Alterations, Repairs, and Additions. Section 901 of the International Fire Code, entitled "General," is amended by adding a new Subsection 901.4.2.1 as follows: 901.4.2.1 Fire Alarm Systems no longer re- quired by the Fire Code or any other applicable code or that were not installed as an alternative method to other code provisions may, after the written approval of the Fire Code Official, may be discontinued and removed. The removal of the system shall be pursuant to the regulations of Washington State Department of Labor and Industries Electrical Division as applicable, but as a minimum shall require the removal of visi- ble wiring, fire alarm panels and other related visible devices. The Fire Alarm System may be maintained as a local system rather than be re- moved. Fire alarm systems that remain in ser- vice, either monitored or local, shall be inspected, maintained and tested per the Inter- national Fire Code, NFPA 72 and this code. (c) Fire Protection Systems - Records. Section 901 of the International Fire Code, entitled "General," is amended by substituting Subsection 901.6.2 with the following: Sec. 901.6.2 Records. Records of all system inspections, tests, and maintenance required by the referenced standards shall be main- tained on the premises for a minimum of 3 years. A copy of each inspection, test, or main- tenance record shall be forwarded to the Fire Code Official, by an approved electronic meth- od of delivery, within ten (10) business days of the date the inspection, test, or maintenance occurred. All fire protection systems taken off line or out of service, and subsequently re- turned to service shall be reported to the Fire Code Official’s office by an approved method of delivery. A copy of all system inspections shall be main- tained in a three-ring binder or other folder type cover and located at the fire alarm main panel or other approved location. (Ord. 5234 §1 (part), 2013: Ord. 5112 §1 (part), 2010: Ord. 5016 §1 (part), 2007: Ord. 4903 §1, 2004) 18.02.080 AMENDMENTS TO THE INTERNATIONAL FIRE CODE - SECTION 903, AUTOMATIC SPRINKLER SYSTEMS. The following local amendments to Section 903 of the International Fire Code, entitled "Automatic Sprin- kler Systems," are adopted and incorporated into the International Fire Code: (a) Automatic Sprinkler Systems - Where Required. Section 903 of the International Fire Code, entitled "Automatic Sprinkler Systems," is amended by substituting Subsection 903.2 with the following: Sec. 903.2 Where required. Approved fire sprinkler systems shall be installed throughout buildings and structures as follows: 18.02-9 (Revised 2/14) 1. In all new buildings and structures without adequate fire flow as required by this code. Exception: Group U Occupancies and remod- els and replacements to existing Group R-3 res- idential structures as defined in the International Residential Code regardless of the require- ments of Chapter 5 of the International Fire Code. 2. All new buildings and structures with a gross floor area of 10,000 or more square feet (929 m2), or where this code provides a more restrictive floor area requirement, and shall be provided in all locations or where described by the International Fire Code. Exception: Spaces or areas in telecommunica- tions buildings used exclusively for telecommu- nications equipment, associated electrical power distribution equipment, batteries, and standby engines, provided those spaces or ar- eas are equipped throughout with an automatic fire alarm system and are separated from the remainder of the building by a wall with a fire-re- sistance rating of not less than 1 hour and a floor/ceiling assembly with a fire-resistance rat- ing of not less than 2 hours. 3. Where this code requires the installation of an automatic sprinkler system to protect an oc- cupancy within an otherwise non-sprinkled building, then automatic sprinkler protections will be required throughout the entire building unless otherwise authorized by the Fire Code Official. 4. Only 4 hour area separation walls without openings shall constitute separate buildings to allow for a fire sprinkler exemption. (b) Automatic Sprinkler Systems - Where Required. Section 903 of the International Fire Code, entitled "Automatic Sprinkler Systems," is amended by substituting Subsection 903.2.1 with the following: Sec. 903.2.1 Group A. An automatic sprinkler system shall be provided throughout buildings and portions thereof used as Group A occupan- cies as provided in this section. For Group A-1, A-2, A-3, and A-4 occupancies, the automatic sprinkler system shall be provided throughout the entire building. For Group A-5 occupancies, the automatic sprinkler system shall be provid- ed in the spaces indicated in 903.2.1.5. (c) Automatic Sprinkler Systems - Where Required. Section 903 of the International Fire Code, entitled "Automatic Sprinkler Systems," is amended by substituting Subsection 903.2.1.1 with the following: Sec. 903.2.1.1 Group A-1. An automatic sprin- kler system shall be provided for Group A-1 oc- cupancies where one of the following conditions exists: 1. The gross fire area of the building exceeds 10,000 square feet. 2. The fire area has an occupant load of 300 or more. 3. The fire area is located on a floor other than the level of exit discharge. 4. The fire area contains a multi-theater com- plex. 5. Dance halls where the total gross floor area exceeds 5,000 square feet (465 m2). (d) Automatic Sprinkler Systems - Where Required. Section 903 of the International Fire Code, entitled "Automatic Sprinkler Systems," is amended by substituting Subsection 903.2.1.2 with the following: Sec. 903.2.1.2 Group A-2. An automatic sprin- kler system shall be provided for Group A-2 oc- cupancies where one of the following conditions exists: 1. The fire area of the building exceeds 5,000 square feet. 2. The fire area has an occupant load of 100 or more. 3. The fire area is located on a floor other than the level of exit discharge. (e) Automatic Sprinkler Systems - Where Required. Section 903 of the International Fire Code, entitled "Automatic Sprinkler Systems," is amended by substituting Subsection 903.2.1.3 with the following: Sec. 903.2.1.3 Group A-3. An automatic sprin- kler system shall be provided for Group A-3 oc- cupancies where one of the following conditions exists: 1. The fire area of the building exceeds 10,000 square feet. 2. The fire area has an occupant load of 300 or more. (Revised 2/14)18.02-10 3. The fire area is located on a floor other than the level of exit discharge. Exception: Areas used exclusively as partici- pant sports arena areas where the main floor area is located at the same level as the level of exit discharge of the main entrance and exit. (f) Automatic Sprinkler Systems - Where Required. Section 903 of the International Fire Code, entitled "Automatic Sprinkler Systems," is amended by substituting Subsection 903.2.1.4 with the following: Sec. 903.2.1.4 Group A-4. An automatic sprin- kler system shall be provided for Group A-4 oc- cupancies where one of the following conditions exists: 1. The fire area of the building exceeds 10,000 square feet. 2. The fire area has an occupant load of 300 or more. 3. The fire area is located on a floor other than the level of exit discharge. Exception: Areas used exclusively as partici- pant sports arena areas where the main floor area is located at the same level as the level of exit discharge of the main entrance and exit. (g) Automatic Sprinkler Systems - Where Required. Section 903 of the International Fire Code, entitled "Automatic Sprinkler Systems," is amended by substituting Subsection 903.2.3, Group E, with the fol- lowing: Sec. 903.2.3 Group E. An automatic sprinkler system shall be provided for Group E occupan- cies as follows: 1. Throughout all buildings with a group E fire area. (h) Automatic Sprinkler Systems - Where Required. Section 903 of the International Fire Code, entitled "Automatic Sprinkler Systems," is amended by substituting Subsection 903.2.4, Group F-1, with the following: Sec. 903.2.4 Group F-1: An automatic sprinkler system shall be provided throughout all build- ings containing a Group F occupancy where one of the following conditions exists: 1. Where the fire area of the building exceeds 10,000 square feet; or 2. Where a Group F-1 fire area is located more than three stories above grade. (i) Automatic Sprinkler Systems - Where Required. Section 903 of the International Fire Code, entitled "Automatic Sprinkler Systems," is amended by substituting Subsection 903.2.7 with the following: Sec. 903.2.7 Group M. An automatic sprinkler system shall be provided throughout all build- ings containing a Group M occupancy where one of the following conditions exists: 1. Where the fire area of the building exceeds 10,000 square feet; or 2. Where a Group M fire area is located more than three stories above grade. (j) Automatic Sprinkler Systems - Where Required. Section 903 of the International Fire Code, entitled "Automatic Sprinkler Systems," is amended by amending Subsection 903.2.8 and by adding Subsec- tions 903.2.8.3 and 903.2.8.4 as follows: Sec. 903.2.8.3 Existing Group R-1 and R-2 buildings shall install a full fire sprinkler system when any one of the following occurs: 1. A fire occurs which migrates from the unit of origin to involve a neighboring unit. 2. Two or more separate fires occur, which re- quire a fire department response, in the same complex within a two year span. Sec. 903.2.8.4 Sprinkler heads in kitchens shall be installed (on the ceiling) with at least one sprinkler head no more than 4 feet out from the front of the stove top. (k) Automatic Sprinkler Systems - Where Required. Section 903 of the International Fire Code, entitled "Automatic Sprinkler Systems," is amended by substituting Subsection 903.2.9 with the following: Sec. 903.2.9 Group S-1. An automatic sprinkler system shall be provided throughout all build- ings containing a Group S-1 occupancy where one of the following conditions exists: 1. Where the fire area of the building exceeds 10,000 square feet; or 2. Where a Group S-1 fire area is located more than three stories above grade. 18.02-11 (Revised 2/14) (l) Automatic Sprinkler Systems. Section 903 of the International Fire Code, entitled "Automatic Sprin- kler Systems," is amended by substituting Subsection 903.3.1.1.1 with the following: Sec. 903.3.1.1.1 Exempt locations. When ap- proved by the Fire Code Official automatic sprinklers may not be required in the following rooms or areas where such rooms or areas are protected with an approved automatic fire de- tection system in accordance with Section 907.2 that will respond to visible or invisible par- ticles of combustion. Sprinklers shall not be omitted from any room merely because it is damp, of fire-resistance rated construction, or contains electrical equipment. 1. Any room where the application of water, or flame and water, constitutes a serious life or fire hazard. 2. Any room or space where sprinklers are considered undesirable because of the nature of the contents, when approved by the Fire Code Official. 3. Generator and transformer rooms separat- ed from the remainder of the building by walls and floor/ceiling or roof/ceiling assemblies hav- ing a fire-resistance rating of not less than 2 hours. 4. In rooms or areas that are of noncombusti- ble construction with wholly noncombustible contents. (m) Automatic Sprinkler Systems. Section 903 of the International Fire Code, entitled "Automatic Sprin- kler Systems," is amended by substituting Subsection 903.3.1.2.1 with the following: Sec. 903.3.1.2.1 Balconies and decks. Sprin- kler protection shall be provided for exterior bal- conies, decks and ground floor patios of dwelling units. (n) Automatic Sprinkler Systems. Section 903 of the International Fire Code, entitled "Automatic Sprin- kler Systems," is amended by substituting Subsection 903.3.1.3 with the following: Sec. 903.3.1.3 NFPA 13D Sprinkler Systems. The design of NFPA 13D fire sprinkler systems shall comply with the flow-through options listed in NFPA 13D. It is generally understood the flow-through systems be interconnected with the domestic plumbing system, sized accord- ingly, to provide adequate turnover of potable water as well as the minimum required density required by that of NFPA 13D. Sec. 903.3.1.3.1 Design. In addition to the gen- eral design/coverage of the NFPA 13D fire sprinkler system a single sidewall, or other ap- proved design, shall be installed above the man door between the habitable space and the at- tached garage. When the garage also contains a fuel fired appliance, the sidewall head, if with- in the listed spacing, will be adequate coverage for that appliance. All habitable spaces and oth- er spaces with the potential to be occupied are to be covered. (o) Automatic Sprinkler Systems - Installation Requirements. Section 903 of the International Fire Code, entitled "Automatic Sprinkler Systems," is amended by substituting Subsection 903.3.7 with the following: Sec. 903.3.7 Fire department connection lo- cations. All fire department connection loca- tions (F.D.C.’s) to automatic sprinklers and/or standpipe systems shall be located not less than 3 feet, nor more than 10 feet from the fin- ished edge of an approved fire apparatus ac- cess road. F.D.C.’s shall not be located more than 50 feet from a fire hydrant. F.D.C.’s and F.D.C.’s serving sprinkler systems shall not be located on the wall of a building, unless ap- proved by the Fire Code Official. F.D.C.’s serv- ing class 1 or 3 standpipe systems may be located on walls, provided such walls are of fire resistive or noncombustible construction. Exception: F.D.C.’s that are not able to be lo- cated away from a wall due to physical restric- tions may be located in an area approved by the Fire Code Official. F.D.C.’s shall be installed/lo- cated at the front of the building not less than 18 inches nor more than 36 inches above the fin- ished grade of an approved fire apparatus ac- cess road. F.D.C.’s shall not be obstructed by vehicle parking, carports, garages, refuse stor- age containers, fences, landscaping or other obscuring features. F.D.C.’s shall be provided with tight fitting threaded caps or Knox type lockable caps. (p) Automatic Sprinkler Systems - Alarms. Sec- tion 903 of the International Fire Code, entitled "Auto- matic Sprinkler Systems," is amended by substituting Subsection 903.4.2 with the following: Sec. 903.4.2 Alarms - Exterior notification. Approved audible alarm devices shall be con- nected to every automatic sprinkler system. (Revised 2/14)18.02-12 Such sprinkler water-flow alarm devices shall be activated by water flow equivalent to the flow of a single sprinkler of the smallest orifice size installed in the system. Alarm devices shall be water-motor gong or approved electric bell which operates with water flow and shall be pro- vided on the exterior of the building in an ap- proved location at each riser or riser group. Exception: NFPA 13D and NFPA 13R sprinkler systems may utilize an electrically operated alarm bell on the exterior of the building in an approved location at each riser or riser group, provided that the electrically operated alarm bell cannot be silenced during water flow. 903.4.2.1 Alarms - Interior notification. Actu- ation of the automatic sprinkler system shall ac- tuate interior audible/visual notification appliances as outlined in NFPA 72 at all exits from all floors or where a fire alarm system is in- stalled. The fire alarm system notification cir- 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 on buildings/structures four (4) or more stories in height or 30 feet above grade plane as defined in Chapter 2 of the Internation- al Fire Code. (Ord. 5234 §1 (part), 2013: Ord. 5112 §1 (part), 2010: 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 907.1.2: Sec. 907.1.2 Fire Alarm Shop Drawings. 14. A Bremerton Fire Department submittal checklist. 15. A copy of the device/zone map. 16. All fire alarm system drawings shall be sub- mitted on no less than 36"x24" sized drawings and to an approved scale with a digital copy of the design in PDF format. (b) Fire Alarm and Detection Systems - Where Required. Section 907 of the International Fire Code, entitled "Fire Alarm and Detection Systems," is amended to add the following Subsection 907.1.3.1 as follows: Sec. 907.1.3.1 All fire alarm systems shall be addressable. A fully functional annunciator panel shall be placed at the main entrance(s) and fire sprinkler room(s). Graphic annunciators shall be utilized in all high-rises and schools. Shielded fire alarm cable shall be utilized as re- quired by the Fire Code Official. (c) 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 - new buildings and structures. All new and remodeled occu- pancies where the fire area exceeds 10,000 square feet, an approved and automatic fire alarm system shall be provided. 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. A prescriptive design will be: 1. Automatic smoke detection in common ar- eas, corridors and/or means of egress areas. 18.02-13 (Revised 2/14) 2. Automatic heat detection throughout un- less covered by a fire sprinkler system or smoke detection. (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 add the following to Subsection 907.2.13.1.2: Sec. 907.2.13.1.2 Duct smoke detectors. 3. 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 audible supervisory signal at a constantly at- tended location. Duct smoke detectors shall not be used as a substitute for required open area detection. 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 - 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 907.5.2.3.5 as follows: Sec. 907.5.2.3.5 Retroactive R-2 visible noti- fication. At the request of the tenant, the build- ing owner shall replace an existing audible device to an audible/visible device to assist hearing impaired tenants. Building owners are not required to otherwise change or modify fire alarm systems if due to design or device place- ment this option is not feasible. (f) 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 907.6.5 with the following: Sec. 907.6.5 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. (g) 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 907.9.1: Sec. 907.9.1 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. (h) 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 907.10: Sec. 907.10. 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 occupan- cies 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 annunciator or main entrance. Alarm panel ac- cess 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. (i) Fire Alarm and Detection Systems - Monitor- ing. Section 907 of the International Fire Code, entitled "Fire Alarm and Detection Systems," is amended by adding new Subsections 907.11, 907.12, 907.13, 907.14 and 907.15: Sec. 907.11. Instructions. Written operating instructions for the fire alarm system shall be provided and kept in an on-site wall mounted (Revised 2/14)18.02-14 entry key safe provided by the building owner and shall meet specifications of Fire Code Offi- cial. All alarm systems shall be capable of being silenced without having to be reset. Alarm pan- els that require a reset code to silence or reset the system shall be programmed with a fire de- partment reset code that is approved by the Fire Code Official. Sec. 907.12. Designer Qualifications. Per- sons who design fire alarm systems shall be ei- ther a fire protection engineer registered by the State of Washington or NICET III and current with all continuing education and training re- quired by NICET. The designer must be NICET II by July 1, 2008 and NICET III by January 1, 2009. Sec. 907.13. Installation Requirements. During the course of a fire alarm installation, in- cluding all subsequent modifications and annu- al testing, a NICET level II technician in fire alarms shall personally conduct all program- ming and testing. Sec. 907.14. Existing Fire Alarm Systems. All existing fire alarm systems are subject to the provisions of 907.13. Sec. 907.15. Violations. Violations of section 907.13 and 907.14 constitutes a mandatory $1000 violation per occurrence. Each day con- stitutes a separate and distinct violation. Any three violations of this provision immediately re- vokes the affected fire alarm company’s City of Bremerton business license and prohibits re- application for a period of not less than three years. (Ord. 5234 §1 (part), 2013: Ord. 5137 §1, 2011: Ord. 5112 §1 (part), 2010: Ord. 5016 §1 (part), 2007: Ord. 4903 §1, 2004) 18.02.100 AMENDMENTS TO THE INTERNATIONAL FIRE CODE - SECTION 913, FIRE PUMPS. The following local amendment to Section 913 of the International Fire Code, entitled "Fire Pumps," is adopted and incorporated into the International Fire Code: (a) Fire Pumps. Section 913 of the International Fire Code is amended by adding a new Subsection 913.2.2: Sec. 913.2.2 Fire pumps utilizing electric driv- ers shall provide a back-up power supply. Exception: In F and S occupancies when the normal occupant load does not exceed 15, the occupancy would normally be vacated during power outages and with the Fire Code Official’s approval. (Ord. 5234 §1 (part), 2013: Ord. 5112 §1 (part), 2010: Ord. 5016 §1 (part), 2007. Formerly 18.02.095) 18.02.110 AMENDMENTS TO THE INTERNATIONAL FIRE CODE - CHAPTER 23, MOTOR FUEL- DISPENSING FACILITIES AND REPAIR GARAGES. The following local amendment to Chapter 23 of the International Fire Code, entitled "Motor Fuel-Dis- pensing Facilities and Repair Garages," is hereby adopted and incorporated into the International Fire Code as if fully set forth therein: Sec. 2305.3.1. Required Spill Control Equip- ment. Every fuel dispensing facility and repair garage shall maintain at least 50 pounds of rice hulls or other approved absorbent and at least 25 approved absorbent pads, minimum dimen- sion 16 inch by 16 inch and/or other spill control equipment as approved by the Fire Code Offi- cial. (Ord. 5234 §1 (part), 2013: Ord. 5112 §1 (part), 2010: Ord. 5016 §1 (part), 2007: Ord. 4903 §1, 2004) 18.02.120 AMENDMENTS TO THE INTERNATIONAL FIRE CODE - CHAPTER 33, FIRE SAFETY DURING CONSTRUCTION AND DEMOLITION. The following local amendment to Chapter 33 of the International Fire Code, entitled "Fire Safety During Construction and Demolition," is hereby adopted and incorporated into the International Fire Code as if fully set forth therein: (a) Water Supply for Fire Protection - When Required. Section 3312 of the International Fire Code, entitled "Water Supply for Fire Protection," is amended by substituting Subsection 3312.1 with the following: Sec. 3312.1 When required. An approved wa- ter supply for fire protection shall be made avail- able as soon as combustible material arrives on the site. (Ord. 5234 §1 (part), 2013) 18.02-15 (Revised 2/14) 18.02.130 AMENDMENTS TO THE INTERNATIONAL FIRE CODE - APPENDIX D, FIRE APPARATUS ACCESS ROADS. The following local amendments to Appendix D to the International Fire Code, entitled "Fire Apparatus Access Roads," are hereby adopted and incorporated into the International Fire Code as if fully set forth therein: (a) Minimum Specifications - Turning Radius. Section D103 of the International Fire Code, entitled "Minimum specifications," is amended by substituting Subsection D103.3 with the following: Sec. D103.3 Turning radius. The fire appara- tus access road shall have a 23 foot minimum inside turning radius and a 45 foot minimum outside turning radius. (b) Fire Apparatus Access Road Gates. Section D103.5 of the International Fire Code, entitled "Fire Apparatus Access Road Gates," is amended by substi- tuting Subsection D103.5.1 with the following: Sec. D103.5.1 The minimum gate width shall be 14 feet. (Ord. 5234 §1 (part), 2013: Ord. 5112 §1 (part), 2010: Ord. 5016 §1 (part), 2007: Ord. 4903 §1, 2004. Former- ly 18.02.140) 18.02.140 FIRE CODES - FEES. The fees to be assessed for the codes adopted in this chapter shall be as set forth in Chapter 3.01 BMC, Fire Department - Rate Table E, as currently enacted or as hereafter amended. (Ord. 5234 §1 (part), 2013: Ord. 5112 §1 (part), 2010: Ord. 5016 §1 (part), 2007: Ord. 4903 §1, 2004. Formerly 18.02.150) 18.02.150 CITY OF BREMERTON FALSE ALARM CODE. (a) For the purposes of this section, a false alarm shall be deemed and construed as being: the activation of any fire protection system due to some form of main- tenance or lack of maintenance element. (b) It shall be unlawful for any person to give, sig- nal, or transmit or for any person to cause or permit to be given, signaled, or transmitted, in any manner, any false alarm. (c) It shall be unlawful for any person to tamper with or maliciously injure or activate any fire protection system or equipment maintained for the purpose of transmitting fire alarms to the Fire Department. (d) Nothing in this section shall prohibit the sounding of any such signal essential for the carrying out of any system maintenance or fire drill. The Fire Code Official, his designated representative, or the responsible central station monitoring agency shall be notified in advance when such signal will be sounded. (e) Any person, firm or corporation who is found to have signaled or transmitted a false alarm shall be guilty of a civil infraction and shall be fined per Chapter 3.01 BMC, Fire Department - Rate Table E. (f) Definitions. (1) "False alarm" shall mean the activation of a fire protection system at a time when no conditions attributable to a fire or smoke condition are found to exist upon arrival of the Fire Department. (2) "Person" shall mean any person, firm, partnership, association, corporation, company or orga- nization of any kind. (3) "Preventable false alarm" shall mean a false alarm caused or initiated or allowed to be caused or initiated by the premises owner, or by a representa- tive, assignee, or other persons that function under the direction or control of the owner, whether caused by direct intent, malicious action or by system neglect or improper system maintenance. (4) "Unpreventable false alarm" shall mean a false alarm caused by power failures or interferences unrelated to the operation of the premises. (g) Any person having or maintaining a fire alarm shall, within three (3) working days after notice by the Fire Code Official at the scene of a false alarm, make a written report to the Fire Code Official setting forth the cause of such false alarm, the corrective action taken, whether such alarm has been inspected by an authorized service person, and such other information as the Fire Code Official may reasonably require to determine the cause of such false alarm and the prescribed action nec- essary. (h) The determination whether or not a false alarm was preventable shall be made by the Fire Code Official. Any fee resulting from a determination that a false alarm was preventable shall be billed by the City Treasurer’s Office and shall be deposited in the General Fund. (Ord. 5234 §1 (part), 2013: Ord. 5112 §1 (part), 2010: Ord. 5016 §1 (part), 2007: Ord. 4903 §1, 2004. Formerly 18.02.160) 18.02.160 RESERVED. (Ord. 5234 §1 (part), 2013) 18.02.170 AUTOMATIC SPRINKLER SYSTEMS - BUILDINGS CONTAINING TWO (2) OR LESS DWELLING UNITS. (a) When automatic sprinkler systems are installed in buildings containing two (2) or less dwelling units as defined in the International Residential Code, whether attached or detached, they are permitted to be connected (Revised 2/14)18.02-16 to the domestic service within said unit utilizing an inte- grated fire/plumbing flow-through system. (b) Automatic sprinkler systems installed pursuant to subsection (a) of this section shall not be subject to general facility charges, connection fees, inspections fees and other permit fees specifically related to the installation of a fire sprinkler system with a service size up to and including one (1) inch. (c) Automatic sprinkler systems installed pursuant to subsection (a) of this section are integrated into and dependent upon the domestic water supply of the resi- dential dwelling unit; therefore, the property owner is responsible for maintaining a connection to and paying for an adequate supply of water to the residential dwell- ing unit. (Ord. 5234 §1 (part), 2013: Ord. 5112 §1 (part), 2010: Ord. 5016 §1 (part), 2007: Ord. 4958 §3, 2005) 18.02.180 SPECIFIC VIOLATIONS - FINES. Any violation of any provision of the City Fire Code identified in this section may be assessed a mone- tary fine for each incident or occurrence as follows: (a) Illegal burning: two hundred fifty dollars ($250.00); (b) NICET violations: one thousand dollars ($1,000); (c) False fire alarms: two hundred dollars ($200.00); (d) Fire Code violations with the knowledge of a responsible party: one hundred twenty-five dollars ($125.00); (e) Repeat Fire Code violations for failure to cor- rect or comply with the City Fire Code: one hundred twenty-five dollars ($125.00). Nothing in this section prohibits the City from seek- ing other remedies as allowed by ordinance, including, but not limited to, those set forth in BMC 18.02.190. The Fire Code Official may, at his or her discretion, reduce the amount of the assessed fine due to mitigating circumstances. (Ord. 5234 §1 (part), 2013: Ord. 5164 §1, 2011. Formerly 18.02.175) 18.02.190 VIOLATION - PENALTY. (a) Any violation of any provision of the City Fire Code, BMC Title 18, constitutes a civil violation under Chapter 1.04 BMC for which a monetary penalty may be assessed and abatement 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 of the provisions of the City Fire Code, BMC Title 18, shall be guilty of a misdemeanor pursu- ant to BMC 1.12.020(2). (Ord. 5234 §1 (part), 2013: Ord. 5112 §1 (part), 2010: Ord. 5016 §1 (part), 2007: Ord. 4958 §4 (part), 2005: Ord. 4903 §1, 2004. For- merly 18.02.180) 18.02.200 APPEALS. (a) Appeals to the Hearings Examiner. (1) Jurisdiction. The City Hearings Examiner has been designated as the Board of Appeals and shall have jurisdiction over all matters concerning the reason- able application of the fire codes cited in this chapter. (2) Filing. Appeals shall be filed with the Hearings Examiner in accordance with Chapter 2.13 BMC. (3) Standing. Standing to bring an appeal under this chapter is limited to the following persons: (i) The applicant and the owner of prop- erty to which the permit decision is directed. (ii) Another person aggrieved or adversely affected by the order, determination, or deci- sion, or who would be aggrieved or adversely affected by a reversal or modification of the order, determina- tion, or decision. A person is aggrieved or adversely affected within the meaning of this section only when all of the following conditions are present: a. The order, determination, or decision has prejudiced or is likely to prejudice that per- son; b. A judgment in favor of that per- son would substantially eliminate or redress the preju- dice to that person caused or likely to be caused by the order, determination, or decision; and c. The appellant has exhausted his or her administrative remedies to the extent required by law. (b) Appeals to Superior Court. Appeals to the Hearings Examiner shall be made pursuant to Chapter 2.13 BMC. (Ord. 5234 §1 (part), 2013: Ord. 5112 §1 (part), 2010: Ord. 5016 §1 (part), 2007: Ord. 4958 §4 (part), 2005: Ord. 4903 §1, 2004. Formerly 18.02.190) 20.04-3 (Revised 2/14) Bremerton Municipal Code 20.04.100 shall also give notice of the transfer to the private appli- cant and any other agencies with jurisdiction over the proposal. (Ord. 4950 §5 (part), 2005: Ord. 3934 Art. 2 §E, 1984) 20.04.070 TIME LIMITS APPLICABLE TO THE SEPA PROCESS - ADDITIONAL CONSIDERATIONS. The following time limits (expressed in calendar days) shall apply when the City processes licenses for all private projects and those governmental proposals submitted to the City by other agencies: (a) Categorical Exemptions. The City should iden- tify whether an action is categorically exempt within seven (7) days of receiving a completed application. (b) Threshold Determinations. When the responsi- ble official requires further information from the appli- cant or consultation with other agencies with jurisdiction: (1) The City shall wait no longer than thirty (30) days for a consulted agency to respond; (2) The responsible official should complete the threshold determination within fifteen (15) days of receiving the requested information from the applicant or the consulted agency. (Ord. 4950 §5 (part), 2005: Ord. 3934 Art. 2 §F, 1984) 20.04.080 ADDITIONAL TIMING CONSIDERATIONS. (a) For nonexempt proposals, the DNS or draft EIS for the proposal shall accompany the City’s staff recommendation to the appropriate decision-making body, such as the Planning Commission. (b) If the City’s only action on a proposal is a deci- sion on a building permit or other license that requires detailed project plans and specifications, the applicant may request in writing that the City conduct environ- mental review prior to submission of the detailed plans and specifications. (Ord. 4950 §5 (part), 2005: Ord. 3934 Art. 2 §G, 1984) 20.04.090 PURPOSE OF ARTICLE III - ADOPTION OF WAC PROVISIONS BY REFERENCE. This article contains the rules for deciding whether a proposal has a "probable significant, adverse environ- mental impact" requiring an environmental impact statement (EIS) to be prepared. This article also contains rules for evaluating the impacts of proposals not requir- ing an EIS. The City adopts the following sections of Chapter 197-11 WAC by reference, as supplemented in this part: WAC 197-11-300 - Purpose of this part. 305 Categorical exemptions. 310 Threshold determination required. 315 Environmental checklist. 330 Threshold determination process. 335 Additional information. 340 Determination of nonsignificance (DNS). 350 Mitigated DNS. 360 Determination of significance (DS)/initiation of scoping. 390 Effect of threshold determination. (Ord. 4950 §5 (part), 2005: Ord. 3934 Art. 3 §A, 1984) 20.04.100 USE OF CATEGORICAL EXEMPTIONS. (a) Whenever a department within the City receives an application for a license or, in the case of governmental proposals, the department within the City initiates the proposal, the Planning Department shall determine whether the license and/or the proposal is exempt. The Planning Department’s determination that a proposal is exempt shall be final and not subject to administrative review. If a proposal is exempt, none of the procedural requirements of this chapter apply to the proposal. The City shall not require completion of an environmental checklist for an exempt proposal. (b) In determining whether or not a proposal is exempt, the Planning Department shall make certain that the proposal is properly defined, and shall identify the governmental licenses required (WAC 197-11-060). If a proposal includes exempt and nonexempt actions, the Planning Department shall determine the lead agency even if the license application that triggers the Department’s consideration is exempt. (c) If a proposal includes both exempt and nonex- empt actions, the City may authorize exempt actions prior to compliance with the procedural requirements of this chapter, except that: (1) The City shall not give authorization for: (i) Any nonexempt action; (ii) Any action that would have an adverse environmental impact; or (iii) Any action that would limit the choice of alternatives; (2) The responsible official may withhold approval of an exempt action that would lead to modifi- cation of the physical environment, when such modifi- cation would serve no purpose if nonexempt action(s) were not approved; and (3) The responsible official may withhold approval of exempt actions that would lead to substan- tial financial expenditures by a private applicant when the expenditures would serve no purpose if nonexempt action(s) were not approved. (d) Threshold Levels for Categorical Exemptions. Pursuant to WAC 197-11-800(1)(c) and (1)(d), cities (Revised 2/14)20.04-4 20.04.110 may adopt raised levels of threshold exemptions for cer- tain types of actions, except as provided in WAC 197- 11-305 and 197-11-800(1)(a). As authorized pursuant to WAC 197-11-800(1)(c) and (1)(d), the following threshold exemptions are adopted: (1) The construction or location of thirty (30) or fewer single-family residential units. (2) The construction or location of sixty (60) or fewer multifamily residential units. (3) The construction of an office, school, commercial, recreational, service or storage building with thirty thousand (30,000) square feet of gross floor area, and with associated parking facilities designed for ninety (90) parking spaces. (4) The construction of a parking facility designed for ninety (90) parking spaces. (5) Any landfill or excavation of one thousand (1,000) cubic yards throughout the lifetime of the fill or excavation, and any fill or excavation classified as Class I, II, or III forest practice under RCW 76.09.050 or reg- ulations thereunder. (Ord. 5222 §2, 2013: Ord. 4950 §5 (part), 2005: Ord. 3934 Art. 3 §B, 1984) 20.04.110 ENVIRONMENTAL CHECKLIST. (a) A completed environmental checklist (or a copy), in the form provided in WAC 197-11-960, shall be filed at the same time as an application for a permit, license, certificate or other approval not specifically exempted in this chapter; except, a checklist is not needed if the City and applicant agree an EIS is required, SEPA compliance has been completed, or SEPA compliance has been initiated by another agency. The City shall use the environmental checklist to deter- mine the lead agency and, if the City is the lead agency, for determining the responsible official and for making the threshold determination. (b) For private proposals, the City will require the applicant to complete the environmental checklist, pro- viding assistance as necessary. For City proposals, the department initiating the proposal shall complete the environmental checklist for that proposal. (c) The City may require that it, and not the private applicant, will complete all or part of the environmental checklist for a private proposal, if either of the following occurs: (1) The City has technical information on a question or questions that is unavailable to the private applicant; or (2) The applicant has provided inaccurate information on previous proposals or on proposals cur- rently under consideration. (Ord. 4950 §5 (part), 2005: Ord. 3934 Art. 3 §C, 1984) 20.04.120 MITIGATED DNS. (a) As provided in this section and in WAC 197- 11-350, the responsible official may issue a determina- tion of nonsignificance (DNS) based on conditions attached to the proposal by the responsible official or on changes to, or clarifications of, the proposal made by the applicant. (b) An applicant may request in writing early notice of whether a DS is likely under WAC 197-11- 350. The request must: follow submission of a permit application and environmental checklist for a nonex- empt proposal for which the department is lead agency, and precede the City’s actual threshold determination for the proposal. (c) The responsible official should respond to the request for early notice within ten (10) working days. The response shall: be written; state whether the City currently considers issuance of a DS likely and, if so, indicate the general or specific area(s) of concern that are leading the City to consider a DS; and state that the applicant may change or clarify the proposal to mitigate the indicated impacts, revising the environmental checklist and/or permit application as necessary to reflect the changes or clarifications. (d) As much as possible, the City should assist the applicant with identification of impacts to the extent necessary to formulate mitigation measures. (e) When an applicant submits a changed or clari- fied proposal, along with a revised environmental checklist, the City shall base its threshold determination on the changed or clarified proposal and should make the determination within fifteen (15) days of receiving the changed or clarified proposal; if the City indicated specific mitigation measures in its response to the request for early notice, and the applicant changed or clarified the proposal to include those specific mitiga- tion measures, the City shall issue and circulate a deter- mination of nonsignificance under WAC 197-11- 340(2); if the City indicated areas of concern, but did not indicate specific mitigation measures that would allow it to issue a DNS, the City shall make the threshold deter- mination, issuing a DNS or DS as appropriate; the appli- cant’s proposed mitigation measures (clarifications, changes or conditions) must be in writing and must be specific. For example, proposals to "control noise" or "prevent stormwater runoff" are inadequate, whereas proposals to "muffle machinery to X decibel" or "con- struct two hundred (200) foot stormwater retention pond at Y location" are adequate; mitigation measures which justify issuance of a mitigated DNS may be incorporated in the DNS by reference to agency staff reports, studies or other documents. (f) A mitigated DNS is issued under WAC 197- 11-340(2), requiring a fifteen (15) day comment period and public notice. 20.04-4.1 (Revised 2/14) Bremerton Municipal Code 20.04.130 (g) Mitigation measures incorporated in the miti- gated DNS shall be deemed conditions of approval of the permit decision, and may be enforced in the same manner as any term or condition of the permit, or enforced in any manner specifically prescribed by the City. (h) If the City’s tentative decision on a permit or approval does not include mitigation measures that were incorporated in a mitigated DNS for the proposal, the City should evaluate the threshold determination to assure consistency with WAC 197-11-340(3)(a) (with- drawal of DNS). (i) The City’s written response under subsection (b) of this section shall not be construed as a determina- tion of significance. In addition, preliminary discussion of clarifications or changes to a proposal, as opposed to a written request for early notice, shall not bind the City to consider the clarification or changes in its threshold determination. (Ord. 4950 §5 (part), 2005: Ord. 3934 Art. 3 §D, 1984) 20.04.130 PURPOSE OF ARTICLE IV - ADOPTION OF WAC PROVISIONS BY REFERENCE. This article contains the rules for preparing envi- ronmental impact statements. The City adopts the fol- lowing sections of Chapter 197-11 of the WAC by reference, as supplemented by this part: 20.14-25 (Revised 2/14) Bremerton Municipal Code 20.14.630 base flood elevations, flood protection elevation, boundary of floodplain, and zero rise floodway. (Ord. 4965 §7 (part), 2006) 20.14.600 GEOLOGICALLY HAZARDOUS AREAS. BMC 20.14.600 through 20.14.660 pertain to geo- logically hazardous areas. (Ord. 4965 §7 (part), 2006) 20.14.610 PURPOSE. The purpose of BMC 20.14.600 through 20.14.660 is to protect human life and property from potential risks related to development on or near geologically hazard- ous areas. Geologically hazardous areas include areas susceptible to erosion, sliding, geologic events, land- slides, and moderate and steep slope areas. BMC 20.14.600 through 20.14.660 classifies geologically hazardous areas and sets development standards for development and clearing in or near geologically haz- ardous areas. (Ord. 4965 §7 (part), 2006) 20.14.620 CLASSIFICATION. The following categories shall be used in classify- ing geologically hazardous areas: (a) Areas of high geologic hazard are areas meet- ing either of the following two (2) criteria: (1) Areas with slopes greater than forty (40) percent with vertical relief of ten (10) or more feet; or (2) Areas with slopes greater than thirty (30) percent with vertical relief of ten (10) or more feet, and any of the following characteristics: (i) Unstable soil or shoreline classified as "unstable" (U), "unstable old slides" (UOS), "unsta- ble recent slides" (URS), or "intermediate" (I) by the U.S. Department of Agriculture Soil Conservation Ser- vice, U.S. Geologic Survey, the Washington Depart- ment of Ecology Coastal Zone Atlas, or qualified geologist or geotechnical engineer; (ii) Groundwater seepage or springs pres- ent on the slope, areas underlain by impermeable silts or clays, or mappable emergent water; (iii) Erosion hazard as indicated by poten- tial for stream or wave incision or as classified as "highly erodible" or "potentially erodible" by the Natu- ral Resources Conservation Service; (iv) Seismic areas subject to liquefaction from earthquakes such as hydric soils as identified by the Natural Resources Conservation Service, and areas that have been filled to make a site more suitable. (b) Areas of moderate geologic hazard are any areas with slopes of thirty (30) percent or greater and vertical relief of ten (10) or more feet, and any areas with slopes of fifteen (15) percent to thirty (30) percent with vertical relief of ten (10) or more feet and any of the characteristics per subsections (a)(2)(i) through (iii) of this section. Seismic hazard areas subject to liquefaction from earthquakes, areas with hydric soils, and areas of loose fill shall be classified as moderate geologic hazard areas regardless of percent slope. (c) Site-Specific Determination. Site-specific geo- logical reports may be used to determine the classifica- tion of a potentially geologically hazardous area in either of the following cases: (1) When an applicant questions the informa- tion the Department must rely on to determine whether a location is classified as a geologically hazardous area, the applicant may submit an appropriate site-specific geological report. If supportable by the geological report, the Department may make a nongeologically hazardous determination. (2) The Department is authorized but not mandated to require submittal of a geological report for any proposal on a site with slopes of fifteen (15) percent or greater and vertical relief of ten (10) or more feet, or potential seismic hazard areas. Requests by the Depart- ment for submittal of a geological report may be made when slope percentages are poorly documented, or when it is deemed through site visit, close proximity to mapped areas of unstable soils, previously prepared geological reports in the vicinity, or other pertinent information that a probable likelihood of soil instability per subsection (a)(2)(i) through (iv) of this section exists on the site. The Department shall not make requests for geological reports in cases where slope percentages are well documented and there is a probable likelihood of stable soil characteristics on the site. (Ord. 4965 §7 (part), 2006) 20.14.630 DEVELOPMENT STANDARDS. The following standards shall apply to any land or vegetation modification or construction within a geo- logically hazardous area as classified per BMC 20.14.620 and its buffer as described herein. The Department will approve, approve with conditions or deny the development proposal based on its ability to meet the development standards. The Department will also consider any proposed mitigation measures or buf- fer reductions included in a geotechnical report per sub- section (c) of this section. (a) Areas of high geologic hazard as classified per BMC 20.14.620(a) shall be subject to the following standards: (1) Building and Impervious Surface Buffer. No construction of any structure or impervious surface is allowed within fifty (50) feet of the top and toe of the slope, unless reductions supportable by a geotechnical report are approved. (2) Native Vegetation Buffer. Native vegeta- tion shall be in place from the toe of the slope to twenty- (Revised 2/14)20.14-26 20.14.630 five (25) feet beyond the top of the slope, unless modi- fications supportable by a geotechnical report are approved. Native vegetation shall meet the standards of subsection (g) of this section. (b) Areas of moderate geologic hazard as classi- fied per BMC 20.14.620(b) shall be subject to the fol- lowing standards: (1) Building and Impervious Surface Buffer. No construction of any structure or impervious surface is allowed within twenty-five (25) feet of the top and toe of the slope, unless reductions supportable by a geotech- nical report are approved. (2) Native Vegetation Buffer. Native vegeta- tion shall be in place from the toe of the slope to twenty- five (25) feet beyond the top of the slope, unless modi- fications supportable by a geotechnical report are approved. Native vegetation shall meet the standards of subsection (g) of this section. (c) Reductions with Geological or Geotechnical Report. Modifications and/or reductions to the buffers prescribed per subsections (a)(1) and (2) and (b)(1) and (2) of this section may be granted if a geotechnical or geological report demonstrates that modified or reduced buffers, through design and engineering solutions, will provide protection to the proposed development and adjacent properties equal to that of the standard buffer. Such reports are subject to third-party review per BMC 20.14.660(h). Reductions shall utilize the mitigation and performance standards listed per BMC 20.14.650 to the greatest possible extent. Requirements for geotechnical and geological reports are outlined in BMC 20.14.660. (d) Buffer Increase. Should the Department deter- mine based on a geological or geotechnical report that greater buffers than required per subsections (a)(1) and (2) and (b)(1) and (2) of this section are necessary to protect the proposed development and adjacent proper- ties, greater buffers may be required. The Department may require an applicant to submit a geotechnical report with any proposal for land alteration that is located within two hundred (200) feet of an area of high or mod- erate geologic hazard if it determines through site visit, review of available documents, or history of prior events in the area, that the proposal could potentially require increased buffers to ensure safety. (e) Elimination of Danger Trees. Within high or moderate geologic hazard areas, removal of danger trees may be allowed only if such activity is approved by the Department, provided a certified arborist in the State of Washington makes a written determination that the trees proposed for elimination present a legitimate safety haz- ard. (f) Vegetation Thinning. Within high or moderate geologic hazard areas, minor pruning of vegetation or trees for view enhancement may be allowed only if such activity is approved by the Department. The following are allowable methods and techniques for vegetation thinning, except that mature or old-growth trees shall only be treated per method in subsection (f)(5) of this section: (1) Tree Thinning. The selective removal of branches in the inner crown of the tree, provided no more than twenty-five percent (25%) of a tree’s leaf- bearing crown is removed. An even distribution of inte- rior small branches and foliage on remaining limbs shall be maintained to avoid over-thinning. (2) Tree Raising. The removal of the lower branches of a tree in order to provide clearance for pas- sage or vistas. After raising, the height of the pruned portion shall not exceed one-third (1/3) of the total tree height; provided, that removal of branches from the lower portion shall not exceed twenty-five (25) percent of the tree’s leaf-bearing crown. (3) Tree Reduction. Reducing the height or spread of a tree for clearance or vistas by selectively removing leaders and terminals of branches. Cuts should be made to lateral branches at unions, whereby the cut branch is at least one-third (1/3) the diameter of the stem at the union. No more than twenty-five percent (25%) of a tree’s crown mass shall be removed, unless it can be demonstrated that further reduction is neces- sary for functions such as utility clearance. (4) Tree Topping. Topping shall be used as a last resort when it can be demonstrated that methods in subsections (f)(1) through (3) of this section are not fea- sible, or when it can be demonstrated by a certified arborist that topping is less harmful to the particular spe- cies of tree than other listed methods. Topping is the indiscriminate cutting of branches and laterals to stubs at a specific tree height or spread, often exceeding twenty-five percent (25%) of a tree’s crown mass. Top- ping is harmful to a tree and creates unsightly regrowth that requires future trimming at frequent intervals. When tree topping is used in a geologically hazardous area, the root system shall remain in place. (5) Pruning Mature Trees. Mature and old- growth trees are more susceptible to permanent damage or death from pruning. Pruning of mature trees should only be done as a corrective or preventative measure, such as the removal of decayed, rubbing, or crowded branches. (6) Brush Removal. Clearing of noninvasive brush, shrubs, natural grasses and other such vegetation shall be the minimum necessary to maintain vistas, pas- sage and other necessary functions. (g) Native Vegetation. Native vegetation shall be of appropriate plant selection and species to perform slope stabilization and erosion prevention functions. The Department may require vegetation enhancement with appropriate species, and may call for an analysis of 20.14-27 (Revised 2/14) Bremerton Municipal Code 20.14.650 the relationship between vegetation and slope stability per BMC 20.14.660(e)(1). Valid scientific resources such as Washington State Department of Ecology docu- ments "Vegetation Management: A Guide For Puget Sound Bluff Property Owners," and "Erosion Control Using Vegetation" should be consulted when vegetation is proposed for slope stabilization and erosion control purposes. (h) Erosion Control. Clearing or grading of any area within a high or moderate geologic hazard area or within two hundred (200) feet of the high or moderate geologic hazard area shall be limited to the period between May 1st to October 1st, unless the applicant provides an erosion and sedimentation control plan pre- pared by a qualified professional licensed in the State of Washington that specifically and realistically identifies methods of erosion control for wet weather conditions. All land modification proposals shall be consistent with the guidelines set forth in BMC 15.04.090, Stormwater Systems/Engineering Design and Construction Stan- dards General. The faces of all cut and fill slopes shall be protected to prevent erosion as required by the engi- neered erosion and sedimentation control plan. (i) Stormwater Runoff. At no time shall concen- trated stormwater runoff be allowed to surface flow directly over a moderate or high geologically hazardous area or its buffer on a subject site or on neighboring properties. To reduce potentially harmful stormwater runoff discharge from impervious surfaces, the Depart- ment may approve reductions to required parking stan- dards, provided it can be demonstrated that such reductions would not significantly impact neighboring properties. Stormwater discharge shall meet all stan- dards set forth in BMC 15.04.090, Stormwater Sys- tems/Engineering Design and Construction Standards General. (j) Significant Development Risk. In cases where a geotechnical report indicates a significant risk to pub- lic health, safety and welfare, the Department shall deny or require revision of the site development proposal. (k) Utilities, Trails, and Roads. The following activities are allowable within geologically hazardous areas and buffers, provided it can be demonstrated through a geotechnical report that construction will not significantly increase landslide or erosion risk: (1) Public or private trails approved by the Department per the provisions of this chapter; (2) Public or private utilities; (3) Public roads and related infrastructure. (l) On-Site Sewage Disposal. On-site sewage dis- posal should be avoided in areas of high geologic hazard and their buffers. In cases where such areas cannot be avoided, review by a geologist or a geotechnical engi- neer licensed in the State of Washington will be required in coordination with the Kitsap County Health District. (m) Construction for Earthquake Loads. All con- struction must meet the requirements of the City Build- ing Code as set forth in Chapter 17.04 BMC. (Ord. 5209 §4, 2013: Ord. 4965 §7 (part), 2006) 20.14.650 MITIGATION, PERFORMANCE STANDARDS AND REQUIREMENTS. (a) The following project design and location techniques are preferred in areas of moderate or high geologic hazard and their buffers. The Department may condition or modify development proposals to require incorporation of such design techniques in cases where their application would increase public safety and wel- fare without substantially altering the allowable scope and scale of the proposal: (1) Minimize soil disturbance and vegetation removal; (2) Cluster structures to maintain natural topography; (3) Minimize building footprints and impervi- ous surface areas; (4) Construct roads, walkways and parking areas to parallel natural contours; (5) Provide access in areas of the site with less sensitivity; (6) Avoid toe armoring at the base of banks, bluffs and near shorelines. Toe armoring is only an acceptable engineering solution when it meets the pro- visions of BMC 20.14.660(b), and all requirements of the Bremerton Shoreline Master Program and other sec- tions of this chapter; (7) The following performance and mitigation standards shall apply to seismically hazardous areas; (i) Avoid construction of structures using unreinforced masonry materials in areas of hydric soils, fill, or other soils prone to liquefaction from earth- quakes; (ii) When redevelopment is proposed on a site containing hydric soils, fill, or other soils prone to liquefaction from earthquakes encourage replacement or removal of existing unreinforced masonry structures; (iii) Use appropriate building footing techniques such as pilings on sites containing hydric soils, fill, or other soils prone to liquefaction from earth- quakes; (iv) Avoid construction of essential public facilities, other potential emergency response facilities, and large-scale public gathering places on sites under- lain by known surface fault lines. (Ord. 4965 §7 (part), 2006) (Revised 2/14)20.14-28 20.14.660 20.14.660 SPECIAL REPORTS. Whenever development is proposed in a geologi- cally hazardous area as defined in BMC 20.14.620, or when the Department determines that additional soils and slope analysis is appropriate on a particular site per BMC 20.14.620(c), the applicant is required to submit a geotechnical or geological report that evaluates the sur- face and subsurface soil conditions on the site. (a) Qualifications. Geotechnical reports shall be prepared by a qualified professional (defined in BMC 20.14.200 under "qualified professional"). (b) General Provisions. Report recommendations for earthwork, clearing or siting structures in geologi- cally hazardous areas shall be based on existing site con- ditions rather than measures that have not yet been successfully approved or constructed (e.g., slope recon- touring, retaining walls, bulkheads, etc.). Shoreline bulkheads and retaining walls may only be utilized as an engineering solution where it can be demonstrated that: (1) An existing structure or existing public facility such as roads cannot be safely maintained with- out such measures; (2) Other nonstructural methods of beach sta- bilization have been considered and determined infeasi- ble; and (3) The resulting stabilization structure is the minimum necessary to provide stability for the existing structure and appurtenances. (c) Minor Repairs. Minor repair activities on exist- ing permitted structures (i.e., those that do not involve design modifications, changes in structure location, and/or demolition or abandonment of failed structure and replacement with new structures) are not subject to the following project submittal requirements. (d) Geological Reports. A geological report is required for site development proposals that involve development activities within a geological hazardous area or its buffer per BMC 20.14.630(c), but do not require an engineered solution. The following minimum information is required: (1) Description of surface and subsurface con- ditions, including ground materials, vegetation, surface drainage, groundwater, and a preliminary geologic haz- ard assessment which includes the location of structures and the identification of the slope and/or coastal pro- cesses occurring at the site and factors that contribute to them; (2) Review of available information, litera- ture, and mapping; (3) Detailed description of slope and other topographic features; and (4) Conceptual siting of structure and general recommendation which include methods and practices that avoid and/or reduce slope and shore impacts. Mini- mum recommendations should include upland and slope drainage control, groundwater control, site vegetation management, and erosion control. (e) Geotechnical Reports. A geotechnical report is required when the Department or geological report determines that a site development proposal requires additional site information such as engineering design recommendation, slope stability analysis, subsurface exploration and testing, coastal process analyses, or construction recommendations. Depending on the level of activity proposed, the report will either be a more lim- ited geotechnical slope evaluation report, or a full geo- technical design investigation report as described below: (1) Geotechnical Slope Evaluation Report. A geotechnical slope evaluation report is required when slope stability analyses are confined to existing surface and/or drainage conditions, including the relationship of natural and constructed slope features to proposed changes in environmental conditions such as drainage, vegetation removal and slope geometry. The following minimum information is required: (i) All information under subsection (d) of this section; (ii) Subsurface data, exploration logs, and testing data, when required by the geotechnical engineers; (iii) Estimated (or surveyed) contour map and site plan, and the Department may require ground surface profiles and typical cross-sections; (iv) Relative location of ordinary high water (OHW) on the surface profile and cross-sections which include mean higher high water (MHHW) for the site location, where applicable; (v) Soil strength parameters; (vi) Stability analysis of existing site; (vii)Analysis of the relationship of vegeta- tion and slope stability; and (viii)Conceptual site development plans and cross-sections. (2) Geotechnical Design Investigation Report. A geotechnical design investigation report is required for site development activities that propose design and construction measures at the slope crest, face and/or toe. If a designed structure does not impact slope stability or coastal processes, the report will not be required to perform all items listed under this section, as long as each item is addressed and the report details why a particular item does not apply. The following informa- tion is required: (i) All the information required under subsection (e)(1) of this section; (ii) Geotechnical requirements and mea- sures to reduce risks; 20.16-1 (Revised 2/14) Bremerton Municipal Code 20.16.010 Chapter 20.16 SHORELINE DEVELOPMENT Sections: 20.16.010 SHORELINE MASTER PROGRAM. 20.16.010 SHORELINE MASTER PROGRAM. For all applicable requirements within the shoreline jurisdiction, see the Bremerton Shoreline Master Pro- gram which is on file with the City Clerk and may be posted or linked on the City of Bremerton’s website. (Ord. 5230 §1, 2013) 20.40-1 (Revised 2/14) Bremerton Municipal Code 20.40.080 Division III. Zoning Chapter 20.40 ADMINISTRATION Sections: 20.40.010 TITLE. 20.40.020 AUTHORITY. 20.40.030 INTENT AND PURPOSE. 20.40.040 ADMINISTRATIVE AUTHORITY. 20.40.050 DEFINING "SHALL" AND "MAY." 20.40.060 MINIMUM REQUIREMENTS. 20.40.070 CONFLICTS. 20.40.080 INTERPRETATIONS. 20.40.090 ZONING DESIGNATIONS. 20.40.100 ZONING MAP INTERPRETATIONS. 20.40.110 COMPLIANCE WITH OTHER LAWS. 20.40.120 CITY LIABILITY. 20.40.130 PROPERTY OWNER/ APPLICANT RESPONSIBILITY. 20.40.140 SCOPE OF UNLAWFUL ACTIVITY. 20.40.150 SIMILAR USE DETERMINATION. 20.40.160 PROHIBITED USES. 20.40.170 COMPREHENSIVE PLAN AND ZONING CONSISTENCY. 20.40.180 ENFORCEMENT. 20.40.190 PROHIBITION OF FURTHER PERMITS OR APPROVALS. 20.40.200 VIOLATION - PENALTY. 20.40.010 TITLE. This title shall be known as the "City of Bremerton zoning code." This code shall consist of this text and the map entitled "City of Bremerton official zoning map." (Ord. 4950 §§8 (Exh. A) (part), 10, 2005) 20.40.020 AUTHORITY. This title is adopted pursuant to Chapters 35.63 and 36.70A RCW. (Ord. 4950 §8 (Exh. A) (part), 2005) 20.40.030 INTENT AND PURPOSE. The intent of this title is to regulate the physical development of all lands within the City of Bremerton’s jurisdiction, except federally owned properties, in order to provide for orderly development within the City. The purpose is: (a) To implement the City’s Comprehensive Plan; (b) To protect the community’s social and eco- nomic stability, as well as the positive qualities and unique characteristics of all areas throughout the com- munity; (c) To address both natural and manmade environ- mental considerations as part of the land use and devel- opment permitting processes; and (d) To ensure the orderly and beneficial develop- ment and use of all lands by: (1) Reserving an adequate supply of develop- able land area for each major category of land use and in the most appropriate locations; (2) Preventing the encroachment of incompat- ible uses; and (3) Providing clear, concise regulations and development guidelines that are consistent with City goals and visions. (e) To protect the public’s health, safety and wel- fare as a whole and not to create a duty of protecting any person or class of persons. (Ord. 4950 §8 (Exh. A) (part), 2005) 20.40.040 ADMINISTRATIVE AUTHORITY. The Director shall have the authority to make and issue orders, rules, requirements, permits, interpreta- tions, decisions, or determinations as necessary in the administration and enforcement of the provisions of this title, except when provided for otherwise. (Ord. 4950 §8 (Exh. A) (part), 2005) 20.40.050 DEFINING "SHALL" AND "MAY." The word "shall" is always mandatory; the word "may" denotes a use of discretion in making a decision. (Ord. 4950 §8 (Exh. A) (part), 2005) 20.40.060 MINIMUM REQUIREMENTS. The provisions set forth in this title shall constitute the minimum requirements necessary to promote the public health, safety, morals, and general welfare. (Ord. 4950 §8 (Exh. A) (part), 2005) 20.40.070 CONFLICTS. The provisions of this title shall govern when this code imposes a greater restriction than is required by other ordinances, regulations, easements, covenants, or other agreements. In the case of internal conflicts within this code, the most restrictive provision shall prevail. (Ord. 4950 §8 (Exh. A) (part), 2005) 20.40.080 INTERPRETATIONS. The Director shall have the authority to make writ- ten interpretations when necessary for clarification or to (Revised 2/14)20.40-2 20.40.090 resolve conflicts within these regulations. The Direc- tor’s interpretations are processed as a Type I Director’s decision as prescribed in Chapter 20.02 BMC. Any per- son may submit a written request for a code interpreta- tion to the Director, or the Director may issue a code interpretation on the Director’s own initiative. A request for a code interpretation shall include the following: (a) The provision of this title for which an inter- pretation is requested; (b) Why an interpretation of the provision is nec- essary; (c) Any reason or material in support of a pro- posed interpretation; and (d) Any fees adopted pursuant to Chapter 3.01 BMC by the City Council. (Ord. 4950 §8 (Exh. A) (part), 2005) 20.40.090 ZONING DESIGNATIONS. Zoning is the primary implementing tool of the Comprehensive Plan. The Plan’s land use designations provide the basis for the official zoning map, which breaks each of those designations into more specific zones. Each zone includes the land use standards and development requirements for development in each zone. Figure 20.40(a) lists the zones and the general cat- egory of each zone, which are included herein. (Ord. 4950 §8 (Exh. A) (part), 2005) 20.40.100 ZONING MAP INTERPRETATIONS. The Director shall use the following criteria to interpret the official zoning map: (a) Where a zone boundary is indicated as approx- imately following a property line, the property line is the zone boundary. (b) Where a zone boundary is indicated as follow- ing a street or other right-of-way, the centerline of the street or right-of-way is the zone boundary. (c) Where a zone abuts or extends into a lake or into Puget Sound, the zone boundary extends into that body of water to the full limit and territorial extent of the jurisdiction and control of the City. (d) Where a zone boundary is not indicated to fol- low a property line, street, or other right-of-way, the boundary line is as drawn, based on the scale shown on the zoning map. (Ord. 4950 §8 (Exh. A) (part), 2005) 20.40.110 COMPLIANCE WITH OTHER LAWS. Nothing in this title shall be construed to excuse compliance with other applicable federal, state, or local laws or regulations. (Ord. 4950 §8 (Exh. A) (part), 2005) 20.40.120 CITY LIABILITY. Nothing in this title shall be construed to impose any duty upon the City or any of its officers or employ- ees so as to subject them to liability for damages not oth- erwise imposed by law to protect individuals from personal injuries or property damage. (Ord. 4950 §8 (Exh. A) (part), 2005) 20.40.130 PROPERTY OWNER/APPLICANT RESPONSIBILITY. (a) It is the intent of this title to place the obliga- tion of complying with the requirements of this title and all applicable laws and regulations upon the owner, and jointly and severally upon the occupant of the land and buildings within its scope. (b) The applicant is responsible to provide accu- rate and complete information and plans to comply with the requirements of this title and all applicable laws and regulations. The City is not responsible for the accuracy of information or plans provided to the City for review or approval. (Ord. 4950 §8 (Exh. A) (part), 2005) 20.40.140 SCOPE OF UNLAWFUL ACTIVITY. It shall be unlawful for any person, firm or corpora- tion to erect, construct, alter, repair, move, remove, con- vert, demolish, use, occupy, or maintain any structure or use of land, or any portion, in violation of the provisions of this title. The violation shall exist until the unlawful act and/or unlawful use has been remedied or abated. (Ord. 4950 §8 (Exh. A) (part), 2005) 20.40.150 SIMILAR USE DETERMINATION. Whenever a proposal is not listed as a permitted, conditional or accessory use in the zone, it may be per- mitted in that zone if the Director determines it is a use similar to a listed use for that zone. (a) The applicant shall make in writing requests for a similar use determination. The determination shall be processed as a Type I Director’s decision as set forth in the procedures for a Type I decision in Chapter 20.02 BMC. (b) The Director shall issue a decision in writing and shall consider the scale, visual impacts, traffic gen- eration, relationship to surroundings, and other factors which influence and/or define the nature of the proposal. (c) If the proposal is found to be similar to a listed use, the proposal shall be subject to all standards, requirements and permitting processes to which the listed use is subject. (Ord. 4950 §8 (Exh. A) (part), 2005) 20.40.160 PROHIBITED USES. (a) No use that is illegal under local, state, or fed- eral law shall be allowed in any zone within the City. 20.40-3 (Revised 2/14) Bremerton Municipal Code 20.40.200 (b) Any use not listed as a permitted, conditional or accessory use by the zone; or any use not determined to be a similar use pursuant to BMC 20.40.150; or any use not found to be an allowable accessory use to the principle use shall be prohibited within that zone unless allowed otherwise by law. (c) A collective garden, as defined in BMC 20.42.040, is prohibited in all zoning districts of the City. (1) Any violation of this section is declared to be a public nuisance per se, and shall be abated by the City Attorney under applicable provisions of this code or State law, including, but not limited to, the provisions of Chapter 1.04 BMC; (2) 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, State, or Federal law or statute. (Ord. 5205 §3, 2013: Ord. 4950 §8 (Exh. A) (part), 2005) 20.40.170 COMPREHENSIVE PLAN AND ZONING CONSISTENCY. Regulations used to implement the Comprehensive Plan must be consistent with the Plan. Figure 20.40(b) identifies the relationships between a Comprehensive Plan designation and establishes the zoning districts that may be approved within each Comprehensive Plan des- ignation. (Ord. 4950 §8 (Exh. A) (part), 2005) 20.40.180 ENFORCEMENT. (a) It is the duty of the Director to enforce the pro- visions of this title. Enforcement actions may include one or more of the following: (1) Withhold or revoke land use permits or approvals; (2) Withhold or revoke building permits for construction or alteration of a structure, abatement of structures; (3) Revocation of use permits and variances; (4) Enforcement through Chapter 1.04 BMC; (5) Filing a court action in a court of compe- tent jurisdiction. (b) Land Use/Permit Revocation. A permit or land use approval may be revoked if: (1) The work is not authorized by a valid per- mit or approval; (2) Inaccurate or incorrect information was used to obtain the permit or approval or the permit or approval was issued in error; (3) The permittee is not complying with the terms of the permit or approved plans; (4) The permittee is in violation of the requirements of this chapter or of any land use ordi- nance, statute, or regulation; or (5) The work is, in the Director’s judgment, a hazard to property or public safety, is adversely affect- ing or about to adversely affect adjacent property or rights-of-way, a drainage way, watercourse, sensitive areas or storm water facility, or is otherwise adversely affecting the public health, safety, or welfare. (c) Revocation of a permit or land use approval shall be made by: (1) The Director for Type I and Type II per- mits subject to the right of appeal as set forth in BMC 20.02.140. (2) The Administrative Hearing Examiner for a Type III permit subject to the right of appeal as set forth in BMC 20.02.140 and Chapter 36.70C RCW. (3) The Council for a Type IV permit as set forth in BMC 20.02.140 and Chapter 36.70C RCW pro- vided by law. (Ord. 4950 §8 (Exh. A) (part), 2005) 20.40.190 PROHIBITION OF FURTHER PERMITS OR APPROVALS. The City shall not accept, process, or approve any application for a subdivision or any other land use per- mit or approval, or issue a certificate of occupancy for property on which a violation of this title has occurred until the violation is cured by restoration or other means accepted by the Director and by payment of any penalty imposed for the violation. (Ord. 4950 §8 (Exh. A) (part), 2005) 20.40.200 VIOLATION - PENALTY. (a) Any violation of any provision of this title con- stitutes a civil violation under Chapter 1.04 BMC for which a monetary penalty may be assessed and abate- ment may be required as provided therein. (b) In addition to, or as an alternative to, any other penalty provided in this chapter or by law, any person who violates any provision of this title shall be guilty of a misdemeanor pursuant to BMC 1.12.020(2). (Ord. 4950 §8 (Exh. A) (part), 2005) (Revised 2/14)20.40-4 Figure 20.40(a) Figure 20.40(a) The following figure lists the zones in BMC Title 20, Land Use, by major category of residential, commercial, industrial, centers and special districts. (Ord. 4950 §8 (Exh. A) (part), 2005) Figure 20.40(b) The following figure lists the Bremerton Comprehensive Plan Land Use Map designations with corresponding BMC Title 20, Land Use, implementing zoning districts. Figure 20.40(a) ZONING DESIGNATIONS Category Zoning District Chapter Residential Low Density Residential (R-10) 20.60 Multiple Residential (MR) 20.77 City Core Residential (CCR) 20.78 Commercial Commercial Corridor (CC) 20.62 Wheaton Way Redevelopment Corridor (WWRC) 20.64 Neighborhood Business (NB) 20.82 Limited Commercial (LC) 20.84 Freeway Corridor (FC) 20.86 Industrial Marine Industrial (MI) 20.88 Industrial Park (IP) 20.90 Industrial (I) 20.94 Downtown Center and Centers Neighborhood Center Core (NCC) 20.66 District Center Core (DCC) 20.70 Business Core (BC) 20.74 Downtown Core (DC) 20.75 Downtown Waterfront (DW) 20.76 Employment Center (EC) 20.92 Master Development (MD) 20.80 Special Districts City Utility Lands (CUL) 20.96 Watershed (WS) 20.97 Institutional (INST) 20.98 Figure 20.40(b) COMPREHENSIVE PLAN/ZONING CONSISTENCY COMPREHENSIVE PLAN DESIGNATION IMPLEMENTING ZONING DISTRICTS Low Density Residential (LDR) Open Space (OS) Low Density Residential (R-10) Core Centers Supporting Residential (CCSR) City Core Residential (CCR) Neighborhood Centers (NC) Low Density Residential (R-10) Neighborhood Center Core (NCC) District Centers (DC) Low Density Residential (R-10) District Center Core (DCC) Employment Center (EC) Employment Center (EC) Master Development (MD) Institutional (INST) Low Density Residential (R-10) 20.40-5 (Revised 2/14) Bremerton Municipal Code Figure 20.40(b) (Ord. 5111 §2, 2010: Ord. 5091 §3, 2009: Ord. 4950 §8 (Exh. A) (part), 2005) Downtown Regional Center (DRC) Commercial Corridor (CC) Business Core (BC) Downtown Core (DC) Downtown Waterfront (DW) Multiple Residential (MR) Neighborhood Business (NB) Limited Commercial (LC) Low Density Residential (R-10) 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) City Utility Land (CUL) Industrial Park (IP) Industrial Park (IP) Marine Industrial (MI) Marine Industrial (MI) Higher Education (HE) Institutional (INST) Public Sector Redevelopment Site (PSRS) Low Density Residential (R-10) Master Development (MD) Institutional (INST) Transportation, Utilities and Public Facilities (TUPF) Industrial Park (IP) City Utility Lands (CUL) City Utility Lands (CUL) City Utility Lands (CUL) Watershed Lands (WS) Watershed Lands (WS) Reserve Center (RC) (Overlay) Per the implementing zones of the underlying Comprehensive Plan designation Homeport - PSNS Industrial Support - PSNS PSNS Figure 20.40(b) COMPREHENSIVE PLAN/ZONING CONSISTENCY (Continued) COMPREHENSIVE PLAN DESIGNATION IMPLEMENTING ZONING DISTRICTS 20.42-1 (Revised 2/14) Bremerton Municipal Code 20.42.020 Chapter 20.42 DEFINITIONS Sections: 20.42.010 INTRODUCTION TO DEFINITIONS. 20.42.020 LIST OF DEFINED TERMS. 20.42.040 DEFINITIONS. 20.42.010 INTRODUCTION TO DEFINITIONS. Terms not defined herein shall take their meaning from definitions in the Comprehensive Plan, Shoreline Master Program and other ordinances incorporated by reference. If a specific term is not defined or referenced, it shall take its normal and customary meaning within the context of how it is used. When not inconsistent with the context, words used in the present tense include the future, words in the singular include the plural, and words in the plural include the singular. The following terms are defined in this chapter and shall be applied to the provisions of this title. (Ord. 4950 §8 (Exh. A) (part), 2005) 20.42.020 LIST OF DEFINED TERMS. Abandoned sign Abandonment or Abandoned Accessory dwelling unit (ADU) Accessory use, activity or structure Acre, net Acre, gross Adjoining or adjacent Administrative Hearing Examiner Adult entertainment business Adult family home Alley Alteration Alteration, structural Antenna, tower Antenna, wireless Applicant Appurtenance or Appendage Area of sign Art gallery Art studio Assisted living facility Automobile sales Automobile service and repair Awning/canopy Bay window Bed and breakfast Boarding house or rooming house Buffering Building code Building coverage Building envelope Building line Bulletin board/kiosk Car wash Caretaker Caretaker’s residence Carport Cell on wheels (COW) Change of use Changeable copy/readerboard sign City Collective garden Co-location Community facility Concealed Construction sign Day care facility Deck Density Density, maximum Density, minimum Detached Detoxification center Development coverage Directional sign Director Drinking place Drive-through facility Drive-through lanes Duplex Dwelling unit Dwelling, conventional Dwelling, modular or factory-built Dwelling, multi-unit structure Dwelling, single-unit attached Dwelling, single-unit structure Education and school Education, higher and college Entertainment use Equipment structure FAA FCC Fence Finance, insurance and real estate Foster home Franchise business Freestanding sign Frontage Garage Gas station Grade Grade, average final Grade, existing Gross floor area (Revised 2/14)20.42-2 20.42.020 Group residential Group residential - Class I (assisted living) Group residential - Class II Group residential home Heavy industrial/manufacturing Height Home occupation Homeowners’ association Hospital Hotel and lodging place Household Identification sign Illegal sign Impervious surface Incidental sign Incubator for business Junk yard Kennel Light industrial/manufacturing Loading area Lot Lot area Lot line, front Lot line, rear Lot line, side Lot, depth Lot, flag Lot, waterfront Lot, width Maintain Manufactured home Marina Marquee Medical laboratory Medical office and clinic Mobile home Monument sign Motion picture theater Multiple-building complex Multiple-occupancy building Museum and gallery Nonconforming sign Nursery and greenhouse Nursing/convalescent home Office and business services, general Off-premises sign Open space Opiate substitution treatment facility Outdoor athletic fields Parcel Park, playground and open space Parking, satellite Parking, structure Paved surface Personal service Physical fitness and health club Pier Pole sign Porch Portable sign Premises Private club or lodge Product sign Projecting sign Provider Public administration Public distribution/transmission facility Public utility facility Public information/identification sign Public services Recreational vehicle Recreational vehicle park Recycling center Recycling collection station Recycling collection station (limited) Rehabilitation Residential use Residential, as secondary use Restaurant Restaurant, fast food Retail, general Retail, large Rezone Sandwich board sign Satellite dish Senior citizen Senior housing complex Setback, maximum Setback, minimum Shop Shopping center Sidewalk vendor Sign Sign structure Social services Stadium and sports complex Storage building and shop Storage yard, outdoor storage Story Street Street, private Structure Structure, accessory Structure, principal Structure, temporary Support structures Temporary sign Tower Townhouse Transient person Transportation facility Use 20.42-3 (Revised 2/14) Bremerton Municipal Code 20.42.040 Use, accessory Use, conditional 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. 5205 §4, 2013; Ord. 5177 §2, 2012: 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. (Revised 2/14)20.42-4 20.42.040 (1) "Type I tower" means a tower up to, but not exceeding, sixty (60) feet in height. (2) "Type II tower" means a tower greater than sixty (60) feet in height. "Antenna, wireless" means any exterior equipment attached or mounted to a building or tower in the form of one or more rods, panels, discs or similar devices 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 facility for elderly persons (age fifty-five (55) or older) who require moderate to extensive assistance with daily tasks such as cooking, eating, bathing, housekeeping, dispens- ing of medicines, shopping, appointments and other tasks. "Automobile sales" means an establishment pri- marily engaged in the sale or rental of personal or com- mercial 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 20.42-5 (Revised 2/14) Bremerton Municipal Code 20.42.040 coverage and similar restrictions establish the building envelope. "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. "Collective garden" means gardens established and/or maintained for the growing, production, trans- portation, and delivery of cannabis, by qualifying patients, for medical use, as defined in RCW 69.51A.085, as currently enacted and hereinafter amended. "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 premises and may include such information as the name of the project and contractors, phone numbers, comple- tion 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 (Revised 2/14)20.42-6 20.42.040 302 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 during the period in which the person recovers from the transitory effects of acute intoxication. "Development coverage" means that portion of a lot covered by the impervious surface areas of all struc- tures, and impervious paved areas, such as driveways and walkways. "Directional sign" means a permanent sign which is designed solely for the purpose of directing motor 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 prem- ises. "Drive-through facility" means an automobile- oriented component of a permitted use that includes both service window(s) and a stacking lane designed primarily for drive-through trade, and which provides service and caters to patrons while in their motor vehi- cles. (See BMC 20.44.120.) "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- 20.42-11 (Revised 2/14) Bremerton Municipal Code 20.42.040 "Portable sign" means any sign designed to be moved easily and not permanently affixed to the ground or to a structure or building. A-frame or sandwich board signs and movable readerboard signs are examples. "Premises" means contiguous land in the same ownership or control not divided by a street or public right-of-way. "Private club or lodge" means structures, facilities and grounds owned or operated by a private or fraternal organization for use by its members and guests. "Product sign" means any sign with a face consist- ing of more than fifty (50) percent of the area devoted to the advertisement of a commercial product or product logo without integrated advertising for the on-premises business establishment, community facility, or tempo- rary event. "Projecting sign" means a sign, other than a wall sign, which is attached to and projects from a structure or building facade and the face(s) of which is not paral- lel to the building’s facade. This sign may be supported by a structure in addition to its building or wall support. "Provider" means every corporation, company association, joint stock company, firm, partnership, lim- ited liability company, other entity and individual licensed to provide personal wireless services over per- sonal wireless communication facilities. "Public administration" means services and 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. (Revised 2/14)20.42-12 20.42.040 "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- premises 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 primar- ily engaged in the sale or rental of goods or merchandise to the general public for personal or household con- sumption, and primarily rendering services incidental to the sale of such goods. Establishments with a portion of their sales going to other businesses or contractors, such as office supply stores, butcher shops, paint stores, hard- ware stores and similar shall also be considered general retail. Art studios shall also be included. General retail uses do not exceed seventy-five thousand (75,000) gross square feet of ground floor building area and do not include gas stations or automobile sales. "Retail, large" means an establishment with a 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. "Stacking lane" means a designated driving lane provided for vehicles waiting for, receiving, and exiting after receiving a service at a drive-up window from a permitted use. The lane is physically separated from other traffic and pedestrian circulation on the property and includes adequate area for cars to wait for service. "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. 20.42-13 (Revised 2/14) Bremerton Municipal Code 20.42.040 "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. "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 (Revised 2/14)20.42-14 20.42.040 public transit vehicles including buses and licensed taxi- cabs. Vesting. A fully completed development applica- tion is "vested" at the time it is received by the permit- ting authority. The development may then be processed, permitted and carried out under the zoning, land divi- sion, and other regulations that were in effect when vest- ing occurred. "Veterinary clinic" and "animal hospital" mean a facility providing routine and emergency medical atten- tion to domestic pets and other animals. "Wall sign" means a sign attached directly to or erected against the wall of a building with the face par- allel to the facade of the building and extending no more than twelve (12) inches from the wall. "Warehousing" means establishments involved in the storage and/or sale of bulk goods for resale or assem- bly, including wholesaling. This does not include estab- lishments offering the sale of bulk goods to the general public, which may be classified as large retail. Whip Antenna. See "omnidirectional antenna" under "Antenna, wireless." "Wireless telecommunications facility" means a facility for the transmission and reception of radio or microwave signals used for communication, cellular phones, personal communications services, enhanced specialized mobile radio or any other services licensed by the FCC, and unlicensed wireless services including but not limited to associated equipment shelter, support tower and antenna array. "Worship and religious facility" means a building or structure primarily intended as a place for public wor- ship and related activities such as religious education, meeting halls, and kitchens, or places for personal wor- ship or meditation. It does not include preschools, paro- chial schools, day care facilities, major recreational facilities, vehicle or equipment storage yards, or other functions that are not clearly a necessary or integral part of the religious institution. "Yard" means that portion of a lot that lies between a lot line (property line) and the building line. (See also "Lot, front," "Lot, side," and "Lot, rear.") (1) "Front yard" means the yard area extend- ing the full width of the front of a lot between the front property line (lot line) and the front building line. (2) "Rear yard" means a yard extending the full width of the lot between the rear property line (lot line) and the rear building line. When irregular lots, through lots, and corner lots have no rear lot lines, they will have no rear yard areas as defined. (3) "Side yard" means a yard between the side lot line and the side building line and extending from the front yard to the rear yard. Triangular lots, 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. 5222 §3, 2013; Ord. 5205 §5, 2013; Ord. 5177 §3, 2012; 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) 20.44-1 (Revised 2/14) Bremerton Municipal Code 20.44.030 Chapter 20.44 GENERAL DEVELOPMENT STANDARDS Sections: 20.44.010 FRONT YARD. 20.44.020 TRADITIONAL FRONT YARD. 20.44.030 SIDE YARD. 20.44.040 REAR YARD. 20.44.050 ALTERNATIVE SETBACKS. 20.44.060 ACCESSORY STRUCTURE SETBACKS. 20.44.070 MEASURING THE HEIGHT OF A STRUCTURE. 20.44.080 CALCULATING LOT AREA. 20.44.090 ROUNDING OF FRACTIONS. 20.44.100 FLAG LOTS. 20.44.110 LIGHTING REGULATIONS. 20.44.120 DRIVE-THROUGH FACILITIES. 20.44.010 FRONT YARD. (a) The front yard is the area extending the full width of the front of a lot between the front lot line and the front building line. (See Figure 20.44(a) for an illus- tration of front yards.) Structure intrusions into front yard setbacks are prohibited except: (1) Eaves, cornices, awnings, bay windows, architectural appendages, fireplaces, and chimneys and may project not more than two (2) feet into the front yard setback; (2) Decks, platforms, porches, steps, walk- ways, and driveways that do not exceed thirty (30) inches in height above the finished grade; (3) Raised decks, high or enclosed porches, balconies or similar architectural appendages that extend more than thirty (30) inches above finished grade may project not more than six (6) feet into the front yard setback; (4) Fences and freestanding walls that meet the requirements set forth in BMC 20.46.020 may be allowed. (b) Front yard setbacks shall be applied in the fol- lowing manner for through lots: (1) Through Lot. A through lot has two (2) front lot lines parallel or approximately parallel to each other. The front yard setback shall apply to each front lot line, except the Director may designate one (1) of the front lot lines a rear lot line, provided the following cri- teria are met: (i) Orientation of the lot or structure shall be considered; (ii) At least sixty (60) percent of the lots or structures within the neighborhood block, or area being considered, are oriented in a similar direction away from the lot line being designated as a rear lot line; (2) Corner Lots. Corner lots have abutting streets that intersect. The front yard setbacks shall apply to each front property line. (3) Exceptions. When a property contains three (3) or more front yards, the Director may grant exceptions to maximum front yard setback requirements provided: (i) The maximum front yard setback continues to be applied to at least two (2) front yards that intersect each other; (ii) Relief is necessary to facilitate good design; and (iii) A strict application of the setback requirement would result in larger structures that are not practical for the intended use of the site. (Ord. 4950 §8 (Exh. A) (part), 2005) 20.44.020 TRADITIONAL FRONT YARD. In residential zones, the Director may grant modifi- cations to the front yard setback provided: (a) Sixty (60) percent or more of the houses or garages/carports within a numbered block on the same side of the street as the subject property are set back less than the required zoning front yard setback; the average setback of the existing nonconforming structures may be used to establish the minimum front yard of all prop- erties fronting on that side of the street; (b) No new structure may be set back less than five (5) feet from the front of the structures on the adjoining lots; and (c) The minimum front yard setback shall in no case be less than five (5) feet. (Ord. 4950 §8 (Exh. A) (part), 2005) 20.44.030 SIDE YARD. The side yard is the area extending between the side lot line and the side building line and extends from the front yard to the rear yard. Triangle lots, corner lots and other irregular lots may have only front and side yards and no rear yards. Structure intrusions into side yard set- backs are prohibited except: (a) Eaves, cornices, awnings, fireplaces, and chimneys may project not more than two (2) feet into the side yard setback; (b) Platforms, steps, walkways, and driveways (does not include parking spaces) that do not exceed thirty (30) inches in height above the finished grade; and (c) Fences and freestanding walls that meet the requirements set forth in BMC 20.46.020. (Ord. 4950 §8 (Exh. A) (part), 2005) (Revised 2/14)20.44-2 20.44.040 20.44.040 REAR YARD. The rear yard is the area extending the full width of the lot between the rear lot line and the rear building line. Structure intrusions into rear yard setbacks are pro- hibited except: (a) Eaves, cornices, awnings, architectural appendages, fireplaces, and chimneys and may extend no more than two (2) feet into the required rear yard area setback, and are no closer than three (3) feet from any lot line. (b) Decks, platforms and open, uncovered porches, provided they do not exceed thirty (30) inches in height above the finished grade and are no closer than three (3) feet from any lot line. (c) Fences and freestanding walls that meet the requirements set forth in BMC 20.46.020; and steps, walks and driveways, provided they do not exceed thirty (30) inches in height above the finished grade. (Ord. 4950 §8 (Exh. A) (part), 2005) 20.44.050 ALTERNATIVE SETBACKS. The Director may approve alternative setbacks that generate a public benefit, provided the following criteria are satisfied: (a) Total site area within setbacks shall be equal to or exceed that created by adherence to the standard set- backs; (b) There shall be a finding of public benefit that is consistent with the goals and policies of the Comprehen- sive Plan. An example of public benefit includes but is not limited to reduction of setback adjacent to a street or other public right-of-way in exchange for increased set- back from a development-sensitive environment such as a wetland or an existing incompatible land use; and (c) The development plan shall not be inconsistent with the intent of any provision of the zoning code. (Ord. 4950 §8 (Exh. A) (part), 2005) 20.44.060 ACCESSORY STRUCTURE SETBACKS. (a) Accessory structures shall observe the front yard setback requirements of the zone in which they are located except for intrusions per BMC 20.44.010, 20.44.030, and 20.44.040. (b) Accessory structures in residential zoning dis- tricts may be constructed no closer than three (3) feet from the side or rear property lines that adjoin other property. No setback is required if the side or rear prop- erty line adjoins an alley. (Ord. 4971 §5, 2006: Ord. 4950 §8 (Exh. A) (part), 2005) 20.44.070 MEASURING THE HEIGHT OF A STRUCTURE. The height of a building or structure shall be mea- sured as the distance from the average final grade to the highest point of the structure. Exceptions: penthouse for elevators, firewalls, chimneys, and flagpoles may exceed maximum height limits. None of these excep- tions to the height regulations shall be used for advertis- ing of any kind. (Ord. 4950 §8 (Exh. A) (part), 2005) 20.44.080 CALCULATING LOT AREA. Lot area shall include all areas within the exterior lot lines less any water areas, wetlands and other areas that may be restricted from use or from the types of development allowed by the zone in which the property is located. Lot widths, depths and setbacks on shoreline lots are measured from the ordinary high water mark. (See Figure 20.44(b) for an illustration of measuring lot area.) (Ord. 4950 §8 (Exh. A) (part), 2005) 20.44.090 ROUNDING OF FRACTIONS. In several instances throughout the code, the num- ber of units allowed may end in a fraction due to the mathematical equation used to determine allowable units. For instance, the number of dwelling units allowed on property using density calculations is deter- mined by dividing the lot size by the number of square feet permitted per dwelling unit. When this number results in a fraction, round up to the next whole number (unit) when the fraction of whole number is at least 0.50. In no case shall setback requirements be rounded. (Ord. 4971 §6, 2006: Ord. 4950 §8 (Exh. A) (part), 2005) 20.44.100 FLAG LOTS. A flag lot is defined as a lot with access to a street by way of a narrow strip of land. The lot consists of two (2) parts: the "flag" or main body of the lot and the "pan- handle" or the narrow accessway connecting the lot to the street. (a) When creating new lots the following stan- dards shall apply: (1) The minimum lot size shall be one hun- dred and fifty (150) percent of the minimum lot size of the underlying zone; (2) The "panhandle" shall have a minimum width of twenty (20) feet; (3) The minimum lot width and depth of the "flag" shall be the same as the underlying zone. (b) Flag lot dimensions shall be measured from the midpoint between two (2) opposite lot lines of the "flag" body of the lot. (c) The yard setbacks shall be the same as under- lying zone setbacks, except the front yard setback area shall be applied per Figure 20.44(a). (d) In those cases where subsection (c) of this sec- tion cannot be applied, the property line that most closely parallels the street from which the lot gains its access shall be deemed the front lot line and front yard setbacks shall be measured from that line. 20.44-3 (Revised 2/14) Bremerton Municipal Code 20.44.120 (e) The accessway or driveway shall be under the same ownership as the body of the flag lot. An easement shall not be used as a method of providing access to the body of the flag lot. (f) The panhandle shall provide access to a paved and dedicated public right-of-way or a private street. Flag lots shall not be created in order to avoid providing turnarounds per City engineering street standards. (Ord. 4950 §8 (Exh. A) (part), 2005) 20.44.110 LIGHTING REGULATIONS. The following requirements shall apply concerning exterior lighting: (a) Light sources, both direct and nondirect, shall be selected and placed so that glare produced by any light source does not extend beyond the property lines, except onto adjacent sidewalks. (g) A photometric plan shall be submitted for all nonresidential development and multiple-family devel- opments to confirm compliance with light requirements. The plan shall include the following items: (1) Location of all lighting fixtures; (2) Manufacturer’s model identification of each lighting fixture; (3) Manufacturer’s performance specifica- tions of each fixture; and (4) Photometric plan of the installed fixtures which demonstrates that all illumination is confined within the boundaries of the site. (Ord. 4950 §8 (Exh. A) (part), 2005) 20.44.120 DRIVE-THROUGH FACILITIES. (a) Applicability. Drive-through facilities are an accessory to a principal use of a structure and therefore are only allowed when found in association with a per- mitted use. Drive-through facilities are expressly pro- hibited in some zoning districts regardless of the principal use. (1) Exception. While generally prohibited within the NCC and DCC zones, drive-through facilities may be permitted in the following areas provided the business has direct vehicular access from either Whea- ton Way or Kitsap Way: (i) Properties zoned Neighborhood Cen- ter Core (NCC) that are within the Oyster Bay Neigh- borhood Center; and (ii) Properties within the Wheaton Rid- dell Subarea Plan. (2) Drive-through facilities standards within this section apply to the construction of new drive- through facilities, the addition of a drive-through facil- ity to existing developments, and/or the relocation of an existing drive-through facility on site. (b) Site Design Requirements. All drive-through facilities shall comply with the following requirements: (1) Location. All efforts should be taken to locate the drive-through facility towards the side and/or rear of buildings. Drive-through facilities shall not be located between the building and the street frontage except in the following circumstances: (i) Primary Frontage. A drive-through facility may be placed between a building and the street frontage only when all other site designs have been exhausted and are deemed unworkable by the Director. The drive-through facility shall be fully screened from view of the fronting street through the use of features such as sight-obscuring fencing, walls, trellises, and landscaping. (ii) Secondary Frontage. When a site con- tains more than one (1) street frontage the drive-through facility may be located between the building and sec- ondary frontage only when all other site designs have been exhausted and found unworkable. Screening from the secondary frontage is encouraged, but not required. (2) Stacking. All drive-through facilities shall include a stacking lane that provides room for a mini- mum of four (4) cars to line up behind the drive-through window. For restaurant/food/drink uses the stacking lane shall provide room for a minimum of six (6) cars. (3) Design. The drive-through lane(s) shall be designed as a dedicated lane, physically separated from parking areas and internal parking circulation aisles in order to enhance pedestrian safety and provide screen- ing from adjacent properties and right-of-way. A combi- nation of two (2) of the following shall be provided adjacent to the drive-through lane(s): (i) Landscaped strips, islands, or berms that are a minimum of three (3) feet wide and fifty (50) square feet in size are required in addition to all other required landscaping areas. Said landscaped areas shall include a mix of ground covers and shrubs that act as a barrier between the drive-through lane and adjacent properties, right-of-way, and parking area; (ii) Hedges, decorative walls, fencing, or trellises that act as a visual barrier between the drive- through lane(s) and adjacent properties, right-of-way and parking areas; (iii) Decorative pavement, alternative materials (bricks, stamped concrete), or other durable ground treatment that clearly separates the drive- through lane(s) from other driving and parking areas on site that will withstand heavy traffic conditions found in association with drive-through lanes. Paint striping does not meet this requirement. (4) Signage. (i) Each ordering location shall have a maximum of (1) one menu board. One (1) additional menu board may be placed adjacent to the stacking lane (Revised 2/14)20.44-4 Figure 20.44(a) for patrons waiting behind the ordering station. Each menu board sign shall not exceed thirty (30) square feet and have a maximum height of seven (7) feet. (ii) Menu boards shall be located in a landscaped strip or island no smaller than three (3) feet wide and fifty (50) square feet in total size. This land- scaping area shall be in addition to all other required landscaping. The menu board(s) shall be oriented away from public streets and be intended for viewing by drive-through patrons only. Screening of the menu board may be required when the board is located adja- cent to the right-of-way or neighboring properties. Screening shall ensure the board is not readable from the surrounding properties or street. (5) Pedestrian Features. In order to enhance safe pedestrian access, designated walkways from all on-site parking areas and from the public sidewalk to a building entry shall be provided as follows: (i) Walkways shall be a minimum five (5) feet in width, clearly marked and easily distin- guished from driving surfaces by using a combination of landscaping strips or islands that delineate the pedes- trian walkways; and (ii) Walkways shall include at least one (1) of the following treatments: decorative paving, stamped/stained concrete or raised walkways with alter- native materials (such as brick, cobblestone, and deco- rative pavers) to clearly indicate the safe walking route. Walkways through heavy traffic areas such as the drive- through must be made of durable materials able to with- stand heavy traffic conditions. (Ord. 5222 §4, 2013: Ord. 4950 §8 (Exh. A) (part), 2005) Figure 20.44(a) Front Yard Setback Areas The following figure provides guidance in the application of front yard setback requirements to different types of lot and street configurations. (Ord. 4950 §8 (Exh. A) (part), 2005) 20.48-9 (Revised 2/14) Bremerton Municipal Code 20.48.260 (1) The principal building or use shall be located within a radius of eight hundred (800) feet of the joint parking facilities. (2) The principal building or use shall not be separated from its parking by an arterial street unless it is within one (1) block of a signalized intersection. (3) The applicant shall demonstrate there will be no substantial conflict between the two (2) uses regarding hours of operation for which joint use of park- ing facilities is proposed. (4) A properly drawn legal instrument, approved by the City Attorney and executed by affected parties to set forth clearly the terms of the parking agree- ment, shall be recorded with the County Auditor. A copy of the recorded agreement shall be submitted to the Department. (5) The right to occupy the primary premises shall terminate if the joint use parking facilities that are necessary and were approved cease to be available. (Ord. 4950 §8 (Exh. A) (part), 2005) 20.48.260 DRIVE-THROUGH STACKING REQUIREMENTS. Drive-through stacking requirements can be found in BMC 20.44.120. (Ord. 5222 §5, 2013: Ord. 4971 §10, 2006: Ord. 4950 §8 (Exh. A) (part), 2005) Figure 20.48(a) (Ord. 4950 §8 (Exh. A) (part), 2005) Parking Minimum Design Requirements Parking Angle Standards Minimum Stall Width Minimum Stall Depth Minimum Aisle Width One-way Two-way 0° 22'0" 8'0" 10'0" 18'0" 30° 8'6" 17'0" 12'0" 20'0" 45° 8'6" 17'4" 12'3" 10'0" 50° 8'6" 18'0" 12'9" 20'0" 55° 8'6" 18'6" 13'3" 20'0" 60° 8'6" 18'10" 14'4" 20'0" 65° 8'6" 19'0" 15'2" 21'0" 70° 8'6" 19'2" 16'0" 21'6" 75° 8'6" 19'0" 17'6" 22'0" 90° 8'6" 17'11" 22'6" 22'6" A B C D D 20.62-1 (Revised 2/14) Bremerton Municipal Code 20.62.060 Chapter 20.62 COMMERCIAL CORRIDOR (CC) Sections: 20.62.010 INTENT. 20.62.020 PERMITTED USES. 20.62.040 CONDITIONAL USES. 20.62.060 DEVELOPMENT STANDARDS. 20.62.070 DESIGN STANDARDS. 20.62.080 PARKING REQUIREMENTS. 20.62.090 LANDSCAPING REQUIREMENTS. 20.62.100 SIGN STANDARDS. 20.62.010 INTENT. The intent of the commercial corridor (CC) district is to provide locations for high intensity commercial uses serving the entire community while preserving maritime views, forested areas, and buffering impacts to adjacent residential areas. The corridor accommodates access to businesses by automobile while also creating a pedestrian-friendly, transit-supporting corridor. (Ord. 4950 §8 (Exh. A) (part), 2005) 20.62.020 PERMITTED USES. The following uses are permitted outright: (a) The following uses, provided they do not exceed twenty thousand (20,000) square feet gross floor area: (1) Automobile service and repair excluding outdoor display areas for cars, boats, or other vehicles; (2) Community facility; (3) Day care; (4) Drinking place; (5) Drive-through facility; (6) Education and school; (7) Entertainment use; (8) Finance, insurance and real estate; (9) General office and business service; (10)General retail; (11)Medical office and clinic; (12)Personal service; (13)Physical fitness and health club; (14)Restaurant; (15)Senior center; (b) Co-location of wireless telecommunications facilities per BMC 20.46.140; (c) Hotel and lodging place; (d) Museum and gallery; (e) Nonmotorized outdoor recreation facility; (f) Public administration use; (g) Residential as a secondary use; (h) Veterinary clinic. (Ord. 5008 §10, 2007: Ord. 4950 §8 (Exh. A) (part), 2005) 20.62.040 CONDITIONAL USES. The following uses may be permitted provided a conditional use permit is approved pursuant to BMC 20.58.020: (a) Hardware and materials supply stores includ- ing garden supply, provided: (1) The structure(s) is less than twenty thou- sand (20,000) square feet of gross floor area; (2) Outdoor storage and product display shall be screened from view by a solid fence or wall; (3) No loading areas shall be located in a front yard or side yard abutting or located across from a resi- dentially zoned property; and (4) Outside storage is limited to five thousand (5,000) square feet. (b) Gas stations and car washes, provided: (1) No more than two (2) points of ingress/egress are allowed per street frontage. Ingress/egress points shall be separated in accordance with City engineering requirements. (2) Buffering is provided pursuant to BMC 20.50.050, and in addition, trees at least ten (10) feet in height of two (2) inch caliper, measured four (4) feet above ground at time of planting and/or construction shall be included at intervals not greater than fifteen (15) feet. (Ord. 4950 §8 (Exh. A) (part), 2005) 20.62.060 DEVELOPMENT STANDARDS. (a) Lot development shall be in accordance with the following standards, unless allowed for otherwise by law: (1) Maximum front yard setback: ten (10) feet. At least sixty-five (65) percent of the building’s front facade must meet the maximum front yard setback. The setback may be increased if the Director finds that such increase is the minimum necessary to facilitate a superior site design. In order to obtain approval for an increased setback, the applicant shall submit a written analysis establishing how the project facilitates superior site design is the minimum necessary, is consistent with specific goals and policies within the Comprehensive Plan, and is compliant with all applicable sections of the BMC. The following list identifies examples of circum- stances where increased setbacks may be found to be appropriate: (i) When the site includes more than one (1) street frontage; (ii) To accommodate existing topogra- phy, utilities, or other physical site constraints that make compliance with the setback infeasible; (Revised 2/14)20.62-2 20.62.070 (iii) To accommodate phasing of infill development; (iv) On sites that are significantly devel- oped with existing legally established nonconforming uses or structures whereby strict code compliance will not facilitate effective circulation; or (v) For projects that in the opinion of the Director provide enhanced public amenities within the setback area which include, but are not limited to, the following: public plazas, increased landscaping, archi- tectural features, improved pedestrian connections. (2) Minimum side yard setback: zero (0) except when adjacent to the low density residential zone (R-10) where a ten (10) to twenty (20) foot visual screen is required pursuant to BMC 20.50.050(b). (3) Minimum rear yard setback: zero (0), except when adjacent to the low density residential zone (R-10) where a ten (10) to twenty (20) foot visual screen is required pursuant to BMC 20.50.050(b). (4) No maximum density for secondary resi- dential uses. (5) Maximum building coverage: fifty (50) percent unless increased per subsection (b) of this sec- tion. In no case shall maximum lot coverage exceed sev- enty-five (75) percent. (6) Maximum development coverage is sev- enty-five (75) percent unless increased per subsection (b) of this section. In no case shall maximum lot cover- age exceed ninety-five (95) percent. (7) Maximum height: forty-five (45) feet, except that structures within one hundred (100) feet of the low density residential (R-10) zone shall not exceed thirty-five (35) feet in height. (8) Maximum building heights within the downtown regional center are pursuant to the Down- town Subarea Plan and shall supersede subsection (a)(7) of this section. (b) A development that provides the following may have its maximum development and lot coverage increased by adding bonus percentages to the maximum base area percentage, provided the total does not exceed the maximum allowed above: (1) Commercial/residential mixed use devel- opment: twenty (20) percent bonus; (2) Development containing seventy-five (75) percent of the building footprint with three (3) and four (4) story buildings: ten (10) percent bonus; (3) Ten (10) percent bonus if a sidewalk ten (10) feet in width or greater is installed extending to the front of the building and continuing along the entire arterial frontage of the parcel; (4) Pedestrian through-corridor that provides pedestrian access to a location approved by the Director: five (5) percent bonus; (5) Fifty (50) percent of off-street parking is provided underground or within a building designed for occupancy: twenty (20) percent bonus. (Ord. 5222 §6, 2013; Ord. 5046 §7, 2008; Ord. 5008 §11, 2007: Ord. 4950 §8 (Exh. A) (part), 2005) 20.62.070 DESIGN STANDARDS. The following design standards shall be applied to all new development or significant redevelopment of a site. When development involves the remodel or expan- sion of existing structures, the Director may modify these requirements to reasonably fit the scope and scale of the remodel or expansion. (a) Bulk Reduction. At least two (2) of the follow- ing criteria shall be used to reduce the appearance of mass and bulk of the facade of all buildings facing pub- lic streets: (1) Upper floor setbacks of not more than ten (10) feet, provided the setbacks are not applied to more than twenty-five (25) percent of building facades facing a public street. (2) One (1) or more of the following tech- niques: (i) Recessing the entrance area at least three (3) feet. (ii) An entrance area that protrudes at least three (3) feet. (iii) A canopy, portico or overhang extending at least five (5) feet over the sidewalk in the entrance area. (3) Buildings with at least five (5) foot over- hangs, awnings, canopies or arcades elevated between eight (8) and twelve (12) feet above the sidewalk. (4) Window Fenestration. Windows shall occupy at least fifty (50) percent of the ground floor facade measured to ten (10) feet above the sidewalk or finished grade. (b) Outdoor storage of all materials shall be pro- hibited except for nurseries, which shall provide screen- ing pursuant to BMC 20.50.050(b). (c) Refuse Containers. (1) Refuse container screening shall be required and be of a material and design compatible with the overall architectural theme of the associated structure, shall be at least as high as the refuse container, and shall in no case be less than six (6) feet high; (2) No refuse container shall be permanently stored between a street and the front of a building; (3) Refuse collection areas shall be designed to contain all refuse generated on site and deposited between collections. Deposited refuse shall not be visi- ble from outside the refuse enclosure. (Ord. 5046 §8, 2008: Ord. 4950 §8 (Exh. A) (part), 2005) 20.62-3 (Revised 2/14) Bremerton Municipal Code 20.62.100 20.62.080 PARKING REQUIREMENTS. On-site parking shall be provided in accordance with Chapter 20.48 BMC, and the following standards shall be met: (a) On-site parking shall be to the rear or to the side of buildings on the site and shall not occupy more than fifty (50) percent of the site frontage facing the arterial street frontage(s). The site frontage includes all of the area between the right-of-way and front building wall which applies to the entire length of the property regardless of building width. Corner lots have two (2) site frontages as they are positioned on two (2) street frontages. (b) All efforts shall be taken to avoid installing parking on street corners. Parking located between the building frontage and street corners shall be fully screened. Screening shall consist of the following: (1) A four (4) foot tall decorative wall within the front yard landscaping area that fully screens the parking areas. The wall shall be located such that it blocks views of the parking from the right-of-way. For long spans of frontage (one hundred (100) feet or more), the wall shall include modular articulation to add archi- tectural variety. (2) Shrubs or other alternative materials may be substituted for the wall, provided it is demonstrated that the shrubs/alternative will provide equal to or better visual screening than the wall. Shrubs shall be a mini- mum of three (3) feet tall at time of installation and shall be additional to the landscaping required in Chapter 20.50 BMC. (3) Openings may be required within a wall section in order to provide a sidewalk from the right-of- way to the building entry. The entry shall be the mini- mum necessary to accommodate a sidewalk that is a minimum of five (5) feet in width, clearly marked, and distinguished from driving surfaces by using decorative paving, stamped/stained concrete, or raised walkways with alternative materials (such as brick, cobblestone, decorative pavers). Paint striping does not meet this requirement. (c) Access to parking may be from adjacent non- principal arterial streets, or from driveways off of the principal arterial. (d) Driveways providing access to parking area shall be well marked. (Ord. 5222 §7, 2013: Ord. 4950 §8 (Exh. A) (part), 2005) 20.62.090 LANDSCAPING REQUIREMENTS. The landscaping requirements set forth in Chapter 20.50 BMC shall be satisfied. (Ord. 5046 §9, 2008: Ord. 4950 §8 (Exh. A) (part), 2005) 20.62.100 SIGN STANDARDS. Signage shall meet the standards of Chapter 20.52 BMC. For freestanding signs, the maximum size and height standards of Figure 20.52(a) shall apply. (Ord. 4950 §8 (Exh. A) (part), 2005) 20.64-1 (Revised 2/14) Bremerton Municipal Code 20.64.060 Chapter 20.64 WHEATON WAY REDEVELOPMENT CORRIDOR (WWRC) Sections: 20.64.010 INTENT. 20.64.020 OUTRIGHT PERMITTED USES. 20.64.040 CONDITIONAL USES. 20.64.060 DEVELOPMENT STANDARDS. 20.64.070 DESIGN STANDARDS. 20.64.080 PARKING REQUIREMENTS. 20.64.090 LANDSCAPING REQUIREMENTS. 20.64.100 SIGN STANDARDS. 20.64.010 INTENT. The intent of the Wheaton Way redevelopment cor- ridor (WWRC) zone is to provide for the transition over time of the corridor away from suburban-style strip commercial development. The WWRC zone seeks to create a mixed use, high density corridor that will enable a full range of commercial uses oriented closer to the street, and medium to high density residential uses above or on portions of larger sites away from the street frontage. The zone seeks to balance the needs of auto- mobile-oriented businesses with a desire to incorporate a more pedestrian-oriented design approach. Introduc- tion of residential use within the corridor is intended, in part, to support high levels of transit usage within the corridor. In addition, the WWRC zone seeks to provide adequate transitions to less intense adjacent zone dis- tricts. (Ord. 4950 §8 (Exh. A) (part), 2005) 20.64.020 OUTRIGHT PERMITTED USES. The following uses are permitted outright: (a) All residential uses except Class II group resi- dential; (b) Automobile service and repair; (c) Co-location of wireless telecommunications facilities per BMC 20.46.140; (d) Community facility; (e) Drinking place; (f) Drive-through facility; (g) Entertainment use; (h) Finance, insurance and real estate; (i) General office and business service; (j) General retail; (k) Hotel and lodging place; (l) Medical office and clinic; (m) Museum and gallery; (n) Park, playground and open space; (o) Personal service; (p) Physical fitness and health club; (q) Public administration use; (r) Restaurant; (s) Veterinary clinic. (Ord. 5008 §12, 2007: Ord. 4950 §8 (Exh. A) (part), 2005) 20.64.040 CONDITIONAL USES. The following uses may be permitted, provided a conditional use permit is approved pursuant to BMC 20.58.020: (a) Hardware and materials supply stores includ- ing garden supply, provided: (1) The structure is less than twenty thousand (20,000) square feet of gross floor area; (2) Outside storage shall be entirely screened from view by a solid fence or wall; (3) Outside storage is limited to five thousand (5,000) gross square feet or less of materials. (b) Gas stations and carwashes, provided: (1) No more than two (2) points of ingress/ egress are allowed per street frontage. Ingress/egress points shall be separated laterally along the property frontage(s) to the maximum possible while meeting all other street standards and City requirements; (2) Buffering is provided pursuant to BMC 20.50.050, and in addition, trees at least ten (10) feet in height of two (2) inch caliper, measured four (4) feet above ground at time of planting and/or construction shall be included at intervals no greater than fifteen (15) feet. (Ord. 4950 §8 (Exh. A) (part), 2005) 20.64.060 DEVELOPMENT STANDARDS. (a) Lot development shall be in accordance with the following standards, unless allowed for otherwise by law: (1) Maximum front yard setback: ten (10) feet. At least sixty-five (65) percent of the building’s front facade must meet the maximum front yard setback. The setback may be increased if the Director finds that such increase is the minimum necessary to facilitate a superior site design. In order to obtain approval for an increased setback, the applicant shall submit a written analysis establishing how the project facilitates superior site design is the minimum necessary, is consistent with specific goals and policies within the Comprehensive Plan, and is compliant with all applicable sections of the BMC. The following list identifies examples of circum- stances where increased setbacks may be found to be appropriate: (i) When the site includes more than one (1) street frontage; (ii) To accommodate existing topogra- phy, utilities, or other physical site constraints that make compliance with the setback infeasible; (Revised 2/14)20.64-2 20.64.070 (iii) To accommodate phasing of infill development; (iv) On sites that are significantly devel- oped with existing legally established nonconforming uses or structures whereby strict code compliance will not facilitate effective circulation; or (v) For projects that in the opinion of the Director provide enhanced public amenities within the setback area which include, but are not limited to, the following: public plazas, increased landscaping, archi- tectural features, improved pedestrian connections; (2) Minimum side yard setback: zero (0) except when adjacent to the low density residential zone (R-10) where a ten (10) to twenty (20) foot visual screen is required pursuant to BMC 20.50.050(b); (3) Minimum rear yard setback: zero (0) except when adjacent to the low density residential zone (R-10) where a ten (10) to twenty (20) foot visual screen is required pursuant to BMC 20.50.050(b); (4) Maximum building coverage: fifty (50) percent unless increased per subsection (b) of this sec- tion. In no case shall maximum lot coverage exceed sev- enty-five (75) percent; (5) Maximum development coverage: sev- enty-five (75) percent unless increased per subsection (b) of this section. In no case shall maximum lot cover- age exceed ninety-five (95) percent; (6) Maximum height: forty (40) feet, and structures within one hundred (100) feet of the low den- sity residential (R-10) zone shall not exceed three (3) stories in height. (b) A development that provides the following may have its maximum development and lot coverage increased by adding bonus percentages to the maximum base area percentage, provided the total does not exceed the maximum allowed above: (1) Commercial/residential mixed use devel- opment: twenty (20) percent bonus; (2) Development containing seventy-five (75) percent of the building footprint with three (3) and four (4) story buildings: ten (10) percent bonus; (3) Ten (10) percent bonus if a sidewalk ten (10) feet in width or greater is installed extending to the front of the building and continuing along the entire arterial frontage of the parcel; (4) Projects providing a through-block corri- dor that facilitates pedestrian access in a location approved by the City: five (5) percent bonus; (5) Projects providing at least fifty (50) per- cent of their required parking underground or within the building: twenty (20) percent bonus. (c) Maximum residential density: twelve (12) units per acre, except on sites in single ownership larger than three (3) acres, residential density may be increased to a maximum density of twenty (20) units per acre; pro- vided, that: (1) Site design provides for internal circula- tion connections for both pedestrians and vehicles between all portions of the site; (2) Landscaping and/or screening adjacent to a single-family zone district shall be provided per BMC 20.50.040(c); (3) A transit stop with shelter is provided at the arterial street frontage. (d) Commercial uses shall be located within two hundred (200) feet of the arterial street frontage. (Ord. 5222 §8, 2013; Ord. 5046 §10, 2008; Ord. 5008 §13, 2007: Ord. 4977 §11, 2006; Ord. 4950 §8 (Exh. A) (part), 2005) 20.64.070 DESIGN STANDARDS. The following design standards shall be applied to all new development or significant redevelopment of a site. When development involves the remodel or expan- sion of existing structures, the Director may modify these requirements to reasonably fit the scope and scale of the remodel or expansion. (a) Bulk Reduction. At least two (2) of the follow- ing criteria shall be used to reduce the appearance of mass and bulk of the facade of all buildings facing pub- lic streets: (1) Upper floor setbacks of not more than ten (10) feet, provided the setbacks are not applied to more than twenty-five (25) percent of building facades facing a public street. (2) One or more of the following techniques: (i) Recessing the entrance area at least three (3) feet; (ii) An entrance area that protrudes at least three (3) feet; or (iii) A canopy, portico or overhang extending at least five (5) feet over the sidewalk in the entrance area. (3) Buildings with at least five (5) foot over- hangs, awnings, canopies or arcades elevated between eight (8) and twelve (12) feet above the sidewalk. (4) Window Fenestration. Windows shall occupy at least fifty (50) percent of the ground floor facade measured to ten (10) feet above the sidewalk or finished grade. (b) Residential uses shall be placed only on upper floors of mixed-use structures in which ground floors are occupied with nonresidential uses, except that on sites in single ownership larger than three (3) acres, sin- gle-use residential structures are permitted if screened from major arterials by mixed-use structures or struc- tures containing other permitted nonresidential uses only. Such screening structures must comprise at least 20.64-3 (Revised 2/14) Bremerton Municipal Code 20.64.100 sixty-five (65) percent of the arterial frontage to a height of thirty-five (35) feet. (c) Outdoor storage of all materials shall be pro- hibited except for nurseries, which shall provide screen- ing pursuant to BMC 20.50.050(b). (d) Refuse containers, provided: (1) Refuse container screening shall be required and be of a material and design compatible with the overall architectural theme of the associated structure, shall be at least as high as the refuse container, and shall in no case be less than six (6) feet high; (2) No refuse container shall be permanently stored between a street and the front of a building; and (3) Refuse collection areas shall be designed to contain all refuse generated on site and deposited between collections. Deposited refuse shall not be visi- ble from outside the refuse enclosure. (Ord. 5046 §11, 2008: Ord. 4950 §8 (Exh. A) (part), 2005) 20.64.080 PARKING REQUIREMENTS. On-site parking shall be provided in accordance with Chapter 20.48 BMC and the following standards shall be met: (a) On-site parking shall be to the rear or to the side of buildings on the site and shall not occupy more than fifty (50) percent of the site frontage facing the arterial street frontage(s). The site frontage includes the area between the right-of-way and front building wall which applies to the entire length of the property regard- less of building width. Corner lots have two (2) site frontages as they are positioned on two (2) street front- ages. (b) All efforts shall be taken to avoid placing park- ing on street corners. Parking located between the build- ing frontage and street corners shall be fully screened. Screening shall consist of the following: (1) A four (4) foot tall decorative wall within the front yard landscaping area that fully screens the parking areas. The wall shall be located such that it blocks views of the parking from the right-of-way. For long spans of frontage (one hundred (100) feet or more), the wall shall include modular articulation to add archi- tectural variety. (2) Shrubs or other alternative materials may be substituted for the wall, provided it is demonstrated that the shrubs/alternative will provide equal to or better visual screening than the wall. Shrubs shall be a mini- mum of three (3) feet tall at time of installation and shall be additional to the landscaping required in Chapter 20.50 BMC. (3) Openings may be required within a wall section in order to provide a sidewalk from the right-of- way to the building entry. The entry shall be the mini- mum necessary to accommodate a sidewalk that is a minimum of five (5) feet in width, clearly marked, and distinguished from driving surfaces by using decorative paving, stamped/stained concrete, or raised walkways with alternative materials (such as brick, cobblestone, decorative pavers). Paint striping does not meet this requirement. (c) Access to parking may be from adjacent non- principal arterial streets, or from driveways off of the principal arterial. (d) Driveways providing access to parking area shall be well-defined, highly visible entryways. (Ord. 5222 §9, 2013: Ord. 4950 §8 (Exh. A) (part), 2005) 20.64.090 LANDSCAPING REQUIREMENTS. Landscaping shall meet the standards of Chapter 20.50 BMC. (Ord. 5046 §12, 2008: Ord. 4950 §8 (Exh. A) (part), 2005) 20.64.100 SIGN STANDARDS. Signage shall meet the standards of Chapter 20.52 BMC. For freestanding signs, the maximum size and height standards of Figure 20.52(a) shall apply. (Ord. 4950 §8 (Exh. A) (part), 2005) 20.66-1 (Revised 2/14) Bremerton Municipal Code 20.66.060 Chapter 20.66 NEIGHBORHOOD CENTER CORE (NCC) Sections: 20.66.010 INTENT. 20.66.020 PERMITTED USES. 20.66.050 PROHIBITED USES. 20.66.060 DEVELOPMENT STANDARDS. 20.66.070 DESIGN STANDARDS. 20.66.080 PARKING REQUIREMENTS. 20.66.090 LANDSCAPING REQUIREMENTS. 20.66.100 SIGN STANDARDS. 20.66.010 INTENT. The intent of the neighborhood center core (NCC) zone is to establish base threshold standards for the cen- tral core of neighborhood centers that preserve future opportunity for full realization of the centers concept. The NCC designation assumes that future amendments to the zoning code will more fully implement the centers intent. (Ord. 4950 §8 (Exh. A) (part), 2005) 20.66.020 PERMITTED USES. Permitted uses include: (a) Bed and breakfast; (b) Co-location of wireless telecommunications facilities per BMC 20.46.140; (c) Community facility; (d) Drinking place; (e) Entertainment use; (f) Finance insurance and real estate; (g) General office and business service; (h) General retail; (i) Hotel and lodging place containing ten (10) or fewer guest rooms; (j) Medical office and clinic; (k) Museum and gallery; (l) Park, playground and open space; (m) Personal service; (n) Public administration; (o) Transportation facility; (p) Residential as a secondary use; (q) Restaurant; (r) Transportation facility; (s) Veterinary clinic. (Ord. 5008 §14, 2007: Ord. 4950 §8 (Exh. A) (part), 2005) 20.66.050 PROHIBITED USES. (a) Drive-through lanes except within the Oyster Bay Neighborhood Center when the business has direct vehicular access from Kitsap Way. (Ord. 5222 §10, 2013: Ord. 4950 §8 (Exh. A) (part), 2005) 20.66.060 DEVELOPMENT STANDARDS. (a) Maximum front yard setback: ten (10) feet. At least sixty-five (65) percent of the building’s front facade shall meet the maximum front yard setback. The setback may be increased if the Director finds that such increase is the minimum necessary to facilitate a supe- rior site design. In order to obtain approval for an increased setback, the applicant shall submit a written analysis establishing how the project facilitates superior site design is the minimum necessary, is consistent with specific goals and policies within the Comprehensive Plan, and is compliant with all applicable sections of the BMC. The following list identifies examples of circum- stances where increased setbacks may be found to be appropriate: (1) When the site includes more than one (1) street frontage; (2) To accommodate existing topography, utilities, or other physical site constraints that make compliance with the setback infeasible; (3) To accommodate phasing of infill devel- opment; (4) On sites that are significantly developed with existing legally established nonconforming uses or structures whereby strict code compliance will not facil- itate effective circulation; or (5) For projects that in the opinion of the Director provide enhanced public amenities within the setback area which include, but are not limited to, the following: public plazas, increased landscaping, archi- tectural features, improved pedestrian connections. (b) Side yard setback: zero (0), except when adja- cent to the low density residential zone (R-10) where a ten (10) to twenty (20) foot visual screen is required pur- suant to BMC 20.50.050(b). (c) Rear yard setback: zero (0), except when adja- cent to the low density residential zone (R-10) where a ten (10) to twenty (20) foot visual screen is required pur- suant to BMC 20.50.050(b). (d) There is no maximum density for residential as a secondary use. (e) Maximum building coverage: sixty (60) per- cent base maximum; provided, that through the use of any combination of the following, building coverage may be increased up to eighty-five (85) percent maxi- mum. (1) Projects containing mixed uses: twenty (20) percent bonus. (2) Projects within a two (2) or three (3) story building: ten (10) percent bonus. (3) Projects providing a pedestrian-oriented plaza or area of at least one hundred fifty (150) square feet along a pedestrian walkway at an intersection cor- ner, bus stop or other key pedestrian area approved by the city. Such areas shall contain seating for at least four (Revised 2/14)20.66-2 20.66.070 (4) people, a trash receptacle and three (3) or more of the following: a pedestrian shelter, a drinking fountain, a bike rack, pedestrian-scale lights, pavers on the walk- way surfaces, a kiosk, a street vendor station providing food or beverages, trees, a statue or sculpture, or a pub- lic restroom. Interior courtyards with these amenities qualify if they would be readily apparent and accessible to pedestrians on adjoining sidewalks: ten (10) percent bonus. (4) Projects providing a through-block corri- dor that facilitates pedestrian access in a location approved by the city: five (5) percent bonus. (5) Projects providing at least fifty (50) per- cent of their required parking underground or within the building: twenty (20) percent bonus. (f) Maximum development coverage: maximum coverage by impervious surfaces seventy-five (75) per- cent; provided, that through the use of any combination of the mechanisms listed in subsections (e)(1) through (5) of this section, up to ninety-five (95) percent maxi- mum development coverage may be allowed. (g) Maximum building height: thirty-five (35) feet. (Ord. 5222 §11, 2013; Ord. 5046 §13, 2008; Ord. 4950 §8 (Exh. A) (part), 2005) 20.66.070 DESIGN STANDARDS. (a) Building Design. The following guidelines apply to mixed use and commercial structures only: (1) To enhance the pedestrian environment, commercial uses shall include large windows along any ground floor facade facing the public sidewalk or side- walks providing circulation within a site. Windows shall allow views into interior building spaces. At least sev- enty-five (75) percent of all such facades, measured to ten (10) feet above the sidewalk or surface grade, shall be comprised of such windows. (2) At least one (1) of the following amenities shall be required along any ground floor facade facing the public sidewalk: outdoor eating areas; street furni- ture such as benches, bike racks and trash receptacles; plantings in window boxes; public art; or public display cases, kiosks, or boards. (3) Building entrances shall be easily identifi- able from the street and sidewalks. This may be accom- plished by: (i) Ornamentation and/or architectural detailing around the door; and (ii) One (1) or more of the following tech- niques: (A) Recessing the entrance area at least three (3) feet. (B) An entrance area that protrudes at least three (3) feet. (C) A canopy, portico or overhang extending at least five (5) feet over the sidewalk in the entrance area. (4) Bulk. Building modulation shall be used to reduce the appearance of mass and bulk of the struc- ture. This can be achieved by utilizing any combination of at least two (2) of the following; (i) Setback of upper floors by at least ten (10) feet. However, such setbacks shall not be applied to more than fifty (50) percent of a facade facing a major arterial. (ii) Recessed or protruding doorways per subsection (a)(3)(ii) of this section. (iii) Overhangs, awnings, canopies, or arcades between eight (8) and twelve (12) feet above the sidewalk. (iv) Window fenestration per subsection (a)(1) of this section. (5) Building Size. Structures shall not exceed twenty thousand (20,000) square feet in ground floor area. (6) Blank Facades. Building facades shall not present a blank facade to view from public rights-of- way, common parking areas, or residential properties. Such facades may be broken by windows, trellises, col- umns, variations in plane, or other devices that add vari- ation and interest to the facade. (7) Structures at the intersection of two (2) arterial streets shall include a significant architectural feature at the building corner that provides visual emphasis at the corner. This may be accomplished in one or more of the following ways: (i) The inclusion of a major entryway at the corner. Such entryways must be marked by an awning, recessed area, colonnade, or other architectural feature that defines the entry. (ii) The inclusion of a building element the height of which varies from the remainder of the building by at least ten (10) percent. (iii) A plaza at the corner that includes a fountain, artwork, or planting of at least ten (10) feet in height. (b) Site Design. In addition to other guidelines provided in this chapter, site design shall meet the fol- lowing requirements: (1) Retail structures shall not be set back more than ten (10) feet from the public right-of-way. In addi- tion, retail structures shall be either mixed-use struc- tures with residential or office uses above or be constructed so as to allow future addition of at least one (1) additional story containing residential or office uses. (2) Circulation. Clearly defined pedestrian and vehicle circulation routes shall be provided such that all portions of the site are linked. 20.66-3 (Revised 2/14) Bremerton Municipal Code 20.66.100 (3) Storage. Outside storage of any kind is prohibited with the exception of garbage cans and/or dumpsters. Garbage cans and dumpsters shall be placed in an enclosure as per BMC 20.46.120. No garbage enclosure shall be permitted between a street and the front of a building. (Ord. 5046 §14, 2008; Ord. 4950 §8 (Exh. A) (part), 2005) 20.66.080 PARKING REQUIREMENTS. Parking shall meet the standards of Chapter 20.48 BMC and the following requirements: (a) For nonresidential uses, the minimum parking requirement is one (1) space per employee, plus one (1) handicapped-accessible space; (b) On-site parking for nonresidential uses shall not exceed one (1) space per three hundred (300) square feet of floor area; (c) On-site parking shall be to the rear or to the side of buildings on the site and shall not occupy more than fifty (50) percent of the site frontage facing the arterial street(s). The site frontage includes the area between the right-of-way and front building wall which applies to the entire length of the property regardless of building width. Corner lots have two (2) site frontages as they are positioned on two (2) street frontages; (d) All efforts shall be taken to avoid placing park- ing on street corners. Parking located between the build- ing frontage and street corners shall be fully screened as follows: (1) A four (4) foot tall decorative wall within the front yard landscaping area that fully screens the parking areas. The wall shall be located such that it blocks views of the parking from the right-of-way. For long spans of frontage (one hundred (100) feet or more), the wall shall include modular articulation to add archi- tectural variety. (i) Alternate architectural features, shrubs may be substituted for the wall, provided it is demonstrated that the shrubs/alternative will provide equal to or better visual screening than the wall. Shrubs shall be a minimum of three (3) feet tall at time of instal- lation and shall be additional to the landscaping required in Chapter 20.50 BMC. (ii) Openings and architectural features may be required within a wall section in order to tie the wall feature into the architecture of the building and to provide pedestrian access. The entry shall be the mini- mum necessary to accommodate a sidewalk that is a minimum of five (5) feet in width, clearly marked, and distinguished from driving surfaces by using decorative paving, stamped/stained concrete, or raised walkways with alternative materials (such as brick, cobblestone, decorative pavers). Paint striping does not meet this requirement; (e) Access to parking shall be provided per the fol- lowing priority: (1) First, from an alley if available; if an alley is not available, then from local street; (2) If neither is available, then from a non- principal arterial street; (3) If none of the above are available then from a principal arterial street. Project applicants shall be required to demonstrate to the satisfaction of the City that access design has been considered with the preceding priorities. The applicant shall demonstrate that the proposed access is provided from the highest priority facility per the above list; (f) Driveways providing access to parking shall be well marked; (g) Reduction in Number of Required Parking Spaces. The Director may reduce the number of required parking spaces on a site by up to ten (10) when a remodel, expansion, alteration, or change in the use or tenancy of an existing building occurs, provided: (1) For sites with multiple uses or structures, the reduction shall be applied to the entire site and not to individual uses. (2) When a use is nonconforming to the required number of off-street parking spaces, it shall not be allowed to reduce the number of existing spaces. (Ord. 5222 §12, 2013: Ord. 4950 §8 (Exh. A) (part), 2005) 20.66.090 LANDSCAPING REQUIREMENTS. Landscaping shall meet the standards of Chapter 20.50 BMC. (Ord. 4950 §8 (Exh. A) (part), 2005) 20.66.100 SIGN STANDARDS. Signs shall meet the standards of Chapter 20.52 BMC. For freestanding signs, the maximum size and height standards of Figure 20.52(a) shall apply. (Ord. 4950 §8 (Exh. A) (part), 2005) 20.70-1 (Revised 2/14) Bremerton Municipal Code 20.70.060 Chapter 20.70 DISTRICT CENTER CORE (DCC) Sections: 20.70.010 INTENT. 20.70.020 OUTRIGHT PERMITTED USES. 20.70.050 PROHIBITED USES. 20.70.060 DEVELOPMENT STANDARDS. 20.70.070 DESIGN STANDARDS. 20.70.080 PARKING REQUIREMENTS. 20.70.090 LANDSCAPING REQUIREMENTS. 20.70.100 SIGN STANDARDS. 20.70.010 INTENT. The intent of the district center core (DCC) zone is to establish base threshold standards for district centers that preserve future opportunity for full realization of the centers concept. The DCC designation assumes that future amendments to the zoning code will more fully implement the centers intent. (Ord. 4950 §8 (Exh. A) (part), 2005) 20.70.020 OUTRIGHT PERMITTED USES. The following uses are permitted outright: (a) Bed and breakfast; (b) Co-location of wireless telecommunications facility per BMC 20.46.140; (c) Community facility; (d) Day care facility; (e) Drinking place; (f) Entertainment use; (g) Finance, insurance and real estate; (h) General office and business services; (i) General retail; (j) Group residential facilities - Class I; (k) Hotel and lodging place; (l) Medical office and clinic; (m) Motion picture theater; (n) Museum and gallery; (o) Nursing/convalescent home; (p) Park, playground and open space; (q) Personal services business; (r) Physical fitness and health club; (s) Public or private park, playground or open space; (t) Public administration; (u) Residential as a secondary use; (v) Restaurant; (w) School and education; (x) Senior housing complex; (y) Transportation facility; (z) Veterinary clinic. (Ord. 5008 §15, 2007: Ord. 4950 §8 (Exh. A) (part), 2005) 20.70.050 PROHIBITED USES. (a) Drive-through lanes except within the Whea- ton/Riddell District Center when the business has direct vehicular access from Wheaton Way. (Ord. 5222 §13, 2013: Ord. 4950 §8 (Exh. A) (part), 2005) 20.70.060 DEVELOPMENT STANDARDS. Lot development shall be in accordance with the following unless allowed for otherwise by law: (a) Maximum front yard setback: ten (10) feet. At least sixty-five (65) percent of a building’s front facade shall meet the maximum front yard setback. The setback may be increased if the Director finds that such increase is the minimum necessary to facilitate a superior site design. In order to obtain approval for an increased set- back, the applicant shall submit a written analysis estab- lishing how the project facilitates superior site design is the minimum necessary, is consistent with specific goals and policies within the Comprehensive Plan, and is compliant with all applicable sections of the BMC. The following list identifies examples of circumstances where increased setbacks may be found to be appropri- ate: (1) When the site includes more than one (1) street frontage; (2) To accommodate existing topography, utilities, or other physical site constraints that make compliance with the setback infeasible; (3) To accommodate phasing of infill devel- opment; (4) On sites that are significantly developed with existing legally established nonconforming uses or structures whereby strict code compliance will not facil- itate effective circulation; or (5) For projects that in the opinion of the Director provide enhanced public amenities within the setback area which include, but are not limited to, the following: public plazas, increased landscaping, archi- tectural features, improved pedestrian connections. (b) Side yard setback: zero (0) except when adja- cent to the low density residential zone (R-10) where a ten (10) to twenty (20) foot visual screen is required pur- suant to BMC 20.50.050(b). (c) Rear yard setback: zero (0) except when adja- cent to the low density residential zone (R-10) where a ten (10) to twenty (20) foot visual screen is required pur- suant to BMC 20.50.050(b). (d) There is no maximum density for residential as a secondary use. (e) Maximum building coverage: sixty (60) per- cent base maximum; provided, that through the use of any combination of the following, building coverage (Revised 2/14)20.70-2 20.70.070 may be increased up to eighty-five (85) percent maxi- mum: (1) Projects containing mixed uses: ten (10) percent bonus. (2) Projects with a three (3) or four (4) story building: ten (10) percent bonus. (3) Projects providing a pedestrian-oriented plaza or area of at least one hundred fifty (150) square feet along a pedestrian walkway at an intersection cor- ner, bus stop or other key pedestrian area approved by the City. Such areas shall contain seating for at least four (4) people, a trash receptacle and three (3) or more of the following: a pedestrian shelter, a drinking fountain, a bike rack, pedestrian-scale lights, pavers on the walk- way surfaces, a kiosk, a street vendor station providing food or beverages, trees, an appropriately sized statue or sculpture, or a public restroom. Interior courtyards with these amenities qualify if they would be readily apparent and accessible to pedestrians on adjoining sidewalks: twenty (20) percent bonus. (4) Projects providing a through-block corri- dor that facilitates pedestrian access in a location approved by the City: five (5) percent bonus. (5) Projects providing at least fifty (50) per- cent of their required parking underground or within the building: twenty (20) percent bonus. (f) Maximum development coverage: maximum development coverage by impervious surfaces, seventy- five (75) percent; provided, that through the use of any combination of the mechanisms listed in subsections (e)(1) through (5) of this section, up to ninety-five (95) percent maximum development coverage may be allowed. (g) Maximum building height: fifty (50) feet. (Ord. 5222 §14, 2013; Ord. 5046 §15, 2008; Ord. 5008 §16, 2007: Ord. 4950 §8 (Exh. A) (part), 2005) 20.70.070 DESIGN STANDARDS. (a) Building Design. (1) To enhance the pedestrian environment, commercial uses shall include large windows along any facade facing the public sidewalk or sidewalks provid- ing circulation within a site. Windows shall allow views into interior building spaces. At least seventy-five (75) percent of all such facades, measured to ten (10) feet above the sidewalk or surface grade, shall be comprised of such windows. (2) At least one (1) of the following amenities shall be required along building facades facing the pub- lic sidewalk: outdoor eating areas, street furniture such as benches, bike racks and trash receptacles, and plant- ings in window boxes. (3) Building entrances shall be easily identifi- able from the street and sidewalks. This may be accom- plished by: (i) Ornamentation and/or architectural detailing around the door; and (ii) One (1) or more of the following tech- niques: (A) Recessing the entrance area at least three (3) feet; (B) An entrance area that protrudes at least three (3) feet; (C) A canopy, portico or overhang extending at least five (5) feet over the sidewalk in the entrance area. (4) Bulk. Building modulation shall be used to reduce the appearance of mass and bulk of the struc- ture. This can be achieved by utilizing any combination of at least two (2) of the following: (i) Setback of upper floors by at least ten (10) feet. However, such setbacks shall not be applied to more than fifty (50) percent of a facade facing a major arterial. (ii) Recessed or protruding doorways per subsection (a)(3)(ii) of this section. (iii) Overhangs, awnings, canopies, or arcades between eight (8) and twelve (12) feet above the sidewalk. (iv) Window fenestration per subsection (a)(1) of this section. (5) Blank Facades. Building facades shall not present a blank facade to view from public rights-of- way, common parking areas, or residential properties. Such facades may be broken by windows, trellises, col- umns, variations in plane, or other devices that add vari- ation and interest to the facade. (6) Structures at the intersection of two (2) arterial streets shall include a significant architectural feature at the building corner that provides visual emphasis at the corner. This may be accomplished in one (1) or more of the following ways: (i) The inclusion of a major entryway at the corner. Such entryways must be marked by an awning, recessed area, colonnade, or other architectural feature that defines the entry. (ii) The inclusion of a building element the height of which varies from the remainder of the building by at least ten (10) percent. (iii) A plaza at the corner that includes a fountain, artwork, or planting of at least ten (10) feet in height. 20.70-3 (Revised 2/14) Bremerton Municipal Code 20.70.100 (b) Site Design. In addition to other standards pro- vided in this chapter, site design shall meet the follow- ing requirements: (1) Circulation. Clearly defined pedestrian and vehicle circulation routes shall be provided such that all portions of the site are linked. (2) Storage. Outside storage of any kind is prohibited with the exception of garbage cans and/or dumpsters. Garbage cans and dumpsters shall be placed in an enclosure per BMC 20.46.120. No garbage enclo- sure shall be permitted between a street and the front of a building. (Ord. 5222 §15, 2013; Ord. 5046 §16, 2008; Ord. 4950 §8 (Exh. A) (part), 2005) 20.70.080 PARKING REQUIREMENTS. Parking shall meet the standards of Chapter 20.48 BMC and the following requirements: (a) For nonresidential uses, the minimum parking requirement is one (1) space per employee. (b) On-site parking for nonresidential uses shall not exceed four (4) spaces per one thousand (1,000) square feet of floor area. (c) On-site parking shall be to the rear or side of buildings and shall not occupy more than fifty (50) per- cent of the site frontage facing the arterial street(s). The site frontage includes the area between the right-of-way and front building wall which applies to the entire length of the property regardless of building width. Corner lots have two (2) site frontages as they are positioned on two (2) street frontages. (d) All efforts shall be taken to avoid placing park- ing on street corners. Parking located between the build- ing frontage and street corners shall be fully screened as follows: (1) A four (4) foot tall decorative wall within the front yard landscaping area that fully screens the parking areas. The wall shall be located such that it blocks views of the parking from the right-of-way. For long spans of frontage (one hundred (100) feet or more), the wall shall include modular articulation to add archi- tectural variety. (i) Alternate architectural features, shrubs may be substituted for the wall, provided it is demonstrated that the shrubs/alternative will provide equal to or better visual screening than the wall. Shrubs shall be a minimum of three (3) feet tall at time of instal- lation and shall be additional to the landscaping required in Chapter 20.50 BMC. (ii) Openings and architectural features may be required within a wall section in order to tie the wall feature into the architecture of the building and to provide pedestrian access. The entry shall be the mini- mum necessary to accommodate a sidewalk that is a minimum of five (5) feet in width, clearly marked, and distinguished from driving surfaces by using decorative paving, stamped/stained concrete, or raised walkways with alternative materials (such as brick, cobblestone, decorative pavers). Paint striping does not meet this requirement. (e) Access to parking shall be provided per the fol- lowing priority: (1) First, from an alley if available; if an alley is not available, then from local street; (2) If neither is available, then from a non- principal arterial street; (3) If none of the above are available then from a principal arterial street. Project applicants shall be required to demonstrate to the satisfaction of the City that access design has been considered with the preceding priorities. The applicant shall demonstrate that the proposed access is provided from the highest priority facility per the above list. (f) Driveways providing access to parking shall be well marked. (g) Reduction in Number of Required Parking Spaces. The Director may reduce the number of required parking spaces on a site by up to ten (10) when a remodel, expansion, alteration, or change in the use or tenancy of an existing building occurs, provided: (1) For sites with multiple uses or structures, the reduction shall be applied to the entire site and not to individual uses. (2) When a use is nonconforming to the required number of off-street parking spaces, it shall not be allowed to reduce the number of existing spaces. (Ord. 5222 §16, 2013: Ord. 4950 §8 (Exh. A) (part), 2005) 20.70.090 LANDSCAPING REQUIREMENTS. Landscaping shall meet the standards of Chapter 20.50 BMC. (Ord. 4950 §8 (Exh. A) (part), 2005) 20.70.100 SIGN STANDARDS. Signs shall meet the standards of Chapter 20.52 BMC. For freestanding signs, the maximum size and height standards of Figure 20.52(a) shall apply. (Ord. 4950 §8 (Exh. A) (part), 2005) 20.80-1 (Revised 2/14) 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 2/14)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; (h) SKIA Subarea Plan (adopted by Ordinance No. 5188); (i) Gorst Subarea Plan (adopted by Ordinance No. 5237). The subarea planning areas listed above having adopted subarea plans are identified with the corre- 20.80-3 (Revised 2/14) Bremerton Municipal Code 20.80.080 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 be identified in this section by the amending ordinance number. (Ord. 5237 §4, 2013: Ord. 5188 §3, 2012: 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) 20.82-1 (Revised 2/14) Bremerton Municipal Code 20.82.060 Chapter 20.82 NEIGHBORHOOD BUSINESS ZONE (NB) Sections: 20.82.010 INTENT. 20.82.020 OUTRIGHT PERMITTED USES. 20.82.030 PROHIBITED USES. 20.82.040 CONDITIONAL USES. 20.82.060 DEVELOPMENT STANDARDS. 20.82.080 PARKING REQUIREMENTS. 20.82.090 LANDSCAPING REQUIREMENTS. 20.82.110 SIGN STANDARDS. 20.82.010 INTENT. The intent of the neighborhood business (NB) zone is to provide for small-scale business districts outside of centers and corridors that reflect the scale and character of surrounding neighborhoods. These NB locations sup- port neighborhoods which generally lack walkable access to a designated center. The NB zone shall include uses such as small groceries, convenience stores, offices, and restaurants. Neighborhood business dis- tricts are generally limited in size to one (1) acre each and are typically comprised of a tight cluster of busi- nesses on several parcels. (Ord. 4950 §8 (Exh. A) (part), 2005) 20.82.020 OUTRIGHT PERMITTED USES. The following uses are permitted outright: (a) Bed and breakfast; (b) Co-location of wireless telecommunications facilities per BMC 20.46.140; (c) Day care facility, and foster home; (d) General office and business service under five thousand (5,000) gross square feet; (e) General retail under five thousand (5,000) gross square feet; (f) Medical offices and clinics; (g) Park, playground and open space; (h) Personal services under five thousand (5,000) gross square feet; (i) Public administration; (j) Residential as a secondary use; (k) Restaurant under two thousand five hundred (2,500) gross square feet; (l) Worship and religious facility located on a col- lector or higher street. (Ord. 4950 §8 (Exh. A) (part), 2005) 20.82.030 PROHIBITED USES. (a) Drive-through lanes. (Ord. 4950 §8 (Exh. A) (part), 2005) 20.82.040 CONDITIONAL USES. The following uses may be permitted, provided a conditional use permit is approved pursuant to BMC 20.58.020: (a) Restaurants larger than two thousand five hun- dred (2,500) gross square feet and all drinking places, provided: (1) All seating, dining, and cooking areas are located within the principal structure at all times; (2) All refuse and recycling containers are fully enclosed and screened from view from all adjacent and adjoining properties, and meet the standards of Chapter 20.46 BMC; (3) Measures are taken to ensure that parking will not spill over into the neighborhood; (b) Community uses, provided: (1) The applicant can demonstrate that all pro- visions of the noise levels ordinance, Chapter 6.32 BMC, shall be met; (2) Measures are taken to ensure that parking will not spill over into the neighborhood; (3) Public events, programs or performances shall not continue later than 10:00 p.m. (Ord. 4950 §8 (Exh. A) (part), 2005) 20.82.060 DEVELOPMENT STANDARDS. Lot development requirements shall be in accor- dance with the following standards unless allowed for by law otherwise: (a) Maximum front yard setback: ten (10) feet. At least sixty-five (65) percent of a building’s front facade must meet the maximum front yard setback. The setback may be increased if the Director finds that such increase is the minimum necessary to facilitate a superior site design. In order to obtain approval for an increased set- back, the applicant shall submit a written analysis estab- lishing how the project facilitates superior site design is the minimum necessary, is consistent with specific goals and policies within the Comprehensive Plan, and is compliant with all applicable sections of the BMC. The following list identifies examples of circumstances where increased setbacks may be found to be appropri- ate: (1) When the site includes more than one (1) street frontage; (2) To accommodate existing topography, utilities, or other physical site constraints that make compliance with the setback infeasible; (3) To accommodate phasing of infill devel- opment; (4) On sites that are significantly developed with existing legally established nonconforming uses or structures whereby strict code compliance will not facil- itate effective circulation; or (Revised 2/14)20.82-2 20.82.080 (5) For projects that in the opinion of the Director provide enhanced public amenities within the setback area which include, but are not limited to, the following: public plazas, increased landscaping, archi- tectural features, improved pedestrian connections; (b) Side yard setback: zero (0) except when adja- cent to the low density residential zone (R-10) where a ten (10) to twenty (20) foot visual screen is required pur- suant to BMC 20.50.050(b); (c) Rear yard setback: zero (0) except when adja- cent to the low density residential zone (R-10) where a ten (10) to twenty (20) foot visual screen is required pur- suant to BMC 20.50.050(b); (d) Maximum building size: nonresidential uses may not exceed a footprint of five thousand (5,000) gross square feet at ground level; (e) Maximum building coverage: eighty-five (85) percent; (f) Maximum development coverage: eighty-five (85) percent; (g) Maximum building height: thirty-five (35) feet; (h) Maximum building heights within the down- town regional center are pursuant to Figure 20.74(a), and shall supersede subsection (g) of this section; (i) Outdoor storage of any kind shall be prohib- ited, except for refuse and recycling containers, which shall meet the standards set forth in Chapter 20.46 BMC. (Ord. 5222 §17, 2013; Ord. 5046 §22, 2008; Ord. 4977 §13, 2006; Ord. 4950 §8 (Exh. A) (part), 2005) 20.82.080 PARKING REQUIREMENTS. Parking shall meet the standards of Chapter 20.48 BMC and the following: (a) On-site parking shall be to the rear or to the side of buildings on the site and shall not occupy more than fifty (50) percent of the site frontage facing the arterial street frontage(s). The site frontage includes the area between the right-of-way and front building wall which applies to the entire length of the property regard- less of building width. Corner lots have two (2) site frontages as they are positioned on two (2) street front- ages. (b) All efforts shall be taken to avoid placing park- ing on street corners. Parking located between the build- ing frontage and street corners shall be fully screened as follows: (1) A four (4) foot tall decorative wall within the front yard landscaping area that fully screens the parking areas. The wall shall be located such that it blocks views of the parking from the right-of-way. For long spans of frontage (one hundred (100) feet or more), the wall shall include modular articulation to add archi- tectural variety. (i) Alternate architectural features, shrubs may be substituted for the wall, provided it is demonstrated that the shrubs/alternative will provide equal to or better visual screening than the wall. Shrubs shall be a minimum of three (3) feet tall at time of instal- lation and shall be additional to the landscaping required in Chapter 20.50 BMC. (ii) Openings and architectural features may be required within a wall section in order to tie the wall feature into the architecture of the building and to provide pedestrian access. The entry shall be the mini- mum necessary to accommodate a sidewalk that is a minimum of five (5) feet in width, clearly marked, and distinguished from driving surfaces by using decorative paving, stamped/stained concrete, or raised walkways with alternative materials (such as brick, cobblestone, decorative pavers). Paint striping does not meet this requirement. (c) Access to parking may be from adjacent non- principal arterial streets, or from driveways off of the principal arterial. (d) Driveways providing access to parking area shall be well-defined, highly visible entryways. (Ord. 5222 §18, 2013: Ord. 4950 §8 (Exh. A) (part), 2005) 20.82.090 LANDSCAPING REQUIREMENTS. Landscaping shall meet the standards of Chapter 20.50 BMC. (Ord. 5046 §23, 2008: Ord. 4950 §8 (Exh. A) (part), 2005) 20.82.110 SIGN STANDARDS. Signs shall meet the standards of Chapter 20.52 BMC. For freestanding signs, the maximum size and height standards of Figure 20.52(a) shall apply. (Ord. 4950 §8 (Exh. A) (part), 2005) 20.84-1 (Revised 2/14) Bremerton Municipal Code 20.84.070 Chapter 20.84 LIMITED COMMERCIAL ZONE (LC) Sections: 20.84.010 INTENT. 20.84.020 OUTRIGHT PERMITTED USES. 20.84.060 DEVELOPMENT STANDARDS. 20.84.070 DESIGN STANDARDS. 20.84.080 PARKING REQUIREMENTS. 20.84.090 LANDSCAPING REQUIREMENTS. 20.84.100 SIGN STANDARDS. 20.84.010 INTENT. The intent of the limited commercial (LC) zone is to recognize the community’s existing general commer- cial districts outside the designated boundaries of cen- ters on lots zoned general business (GB) in the City, or an equivalent designation in the county, on December 1, 2004. The LC zone is not intended to be expanded or applied to new properties or areas of the City. (Ord. 4950 §8 (Exh. A) (part), 2005) 20.84.020 OUTRIGHT PERMITTED USES. The following uses are permitted: (a) Automobile service and repair, and car wash; (b) Co-location of wireless telecommunications facilities per BMC 20.46.140; (c) Day care facility, all; (d) Drive-through facility; (e) Finance, insurance and real estate; (f) Gas stations at the intersection of arterial road- ways; (g) General office and business services; (h) General retail; (i) Hotel and lodging places, motels, and inns; (j) Personal services; (k) Public administration; (l) Recycling collection station; (m) Residential as a secondary use; (n) Restaurant drinking place; (o) Veterinary clinic. (Ord. 5008 §21, 2007: Ord. 4950 §8 (Exh. A) (part), 2005) 20.84.060 DEVELOPMENT STANDARDS. (a) Maximum front yard setback: ten (10) feet. At least sixty-five (65) percent of a building’s front facade must meet the maximum front yard setback. The setback may be increased if the Director finds that such increase is the minimum necessary to facilitate a superior site design. In order to obtain approval for an increased set- back, the applicant shall submit a written analysis estab- lishing how the project facilitates superior site design is the minimum necessary, is consistent with specific goals and policies within the Comprehensive Plan, and is compliant with all applicable sections of the BMC. The following list identifies examples of circumstances where increased setbacks may be found to be appropri- ate: (1) When the site includes more than one (1) street frontage; (2) To accommodate existing topography, utilities, or other physical site constraints that make compliance with the setback infeasible; (3) To accommodate phasing of infill devel- opment; (4) On sites that are significantly developed with existing legally established nonconforming uses or structures whereby strict code compliance will not facil- itate effective circulation; or (5) For projects that in the opinion of the Director provide enhanced public amenities within the setback area which include, but are not limited to, the following: public plazas, increased landscaping, archi- tectural features, improved pedestrian connections. (b) Side yard setback: zero (0) except when adja- cent to the low density residential zone (R-10) where a ten (10) to twenty (20) foot visual screen is required pur- suant to BMC 20.50.050(b). (c) Rear yard setback: zero (0) except when adja- cent to the low density residential zone (R-10) where a ten (10) to twenty (20) foot visual screen is required pur- suant to BMC 20.50.050(b). (d) Maximum building size: nonresidential uses may not exceed fifteen thousand (15,000) gross square feet at ground level. (e) No maximum building coverage, provided all setbacks and landscaping standards are met. (f) No maximum development coverage, provided all setbacks and landscaping standards are met. (g) Maximum building height: fifty (50) feet. (h) Maximum building heights within the down- town regional center are pursuant to Figure 20.74(a), and shall supersede subsection (g) of this section. (Ord. 5222 §19, 2013; Ord. 5046 §24, 2008; Ord. 4977 §14, 2006: Ord. 4950 §8 (Exh. A) (part), 2005) 20.84.070 DESIGN STANDARDS. (a) Bulk Reduction. At any side or rear lot line adjacent to a residential zone, portions of buildings above thirty (30) feet in height shall be set back one (1) foot in addition to the standard setback per BMC 20.84.060 for each additional foot of height. (Ord. 4950 §8 (Exh. A) (part), 2005) (Revised 2/14)20.84-2 20.84.080 20.84.080 PARKING REQUIREMENTS. Parking shall meet the standards of Chapter 20.48 BMC and the following: (a) On-site parking shall be to the rear or to the side of buildings on the site and shall not occupy more than fifty (50) percent of the site frontage facing the arterial street frontage(s). The site frontage includes the area between the right-of-way and front building wall which applies to the entire length of the property regard- less of building width. Corner lots have two (2) site frontages as they are positioned on two (2) street front- ages. (b) All efforts shall be taken to avoid placing park- ing on street corners. Parking located between the build- ing frontage and street corners shall be fully screened as follows: (1) A four (4) foot tall decorative wall within the front yard landscaping area that fully screens the parking areas. The wall shall be located such that it blocks views of the parking from the right-of-way. For long spans of frontage (one hundred (100) feet or more), the wall shall include modular articulation to add archi- tectural variety. (2) Alternate architectural features, shrubs may be substituted for the wall, provided it is demon- strated that the shrubs/alternative will provide equal to or better visual screening than the wall. Shrubs shall be a minimum of three (3) feet tall at time of installation and shall be additional to the landscaping required in Chapter 20.50 BMC. (3) Openings and architectural features may be required within a wall section in order to tie the wall feature into the architecture of the building and to pro- vide pedestrian access. The entry shall be the minimum necessary to accommodate a sidewalk that is a minimum of five (5) feet in width, clearly marked, and distin- guished from driving surfaces by using decorative pav- ing, stamped/stained concrete, or raised walkways with alternative materials (such as brick, cobblestone, deco- rative pavers). Paint striping does not meet this require- ment. (c) Access to parking may be from adjacent non- principal arterial streets, or from driveways off of the principal arterial. (d) Driveways providing access to parking area shall be well-defined, highly visible entryways. (Ord. 5222 §20, 2013: Ord. 4950 §8 (Exh. A) (part), 2005) 20.84.090 LANDSCAPING REQUIREMENTS. Landscaping shall meet the standards of Chapter 20.50 BMC. (Ord. 5046 §25, 2008: Ord. 4950 §8 (Exh. A) (part), 2005) 20.84.100 SIGN STANDARDS. Signs shall meet the standards of Chapter 20.52 BMC. For freestanding signs, the maximum size and height standards of Figure 20.52(a) shall apply. (Ord. 4950 §8 (Exh. A) (part), 2005) 20.92-1 (Revised 2/14) Bremerton Municipal Code 20.92.060 Chapter 20.92 EMPLOYMENT CENTER (EC) Sections: 20.92.010 INTENT. 20.92.020 OUTRIGHT PERMITTED USES. 20.92.040 CONDITIONAL USES. 20.92.060 DEVELOPMENT STANDARDS. 20.92.070 DESIGN STANDARDS. 20.92.080 PARKING REQUIREMENTS. 20.92.090 LANDSCAPING REQUIREMENTS. 20.92.100 SIGN STANDARDS. 20.92.010 INTENT. The intent of the employment center (EC) zone is to offer a well planned and designed environment where a potentially large employee population is offered the option to live near places of employment. The EC zone provides for integration of employment activities with housing and commercial activities scaled to serve the employee population at the center, thereby reducing home-to-workplace commute trips. Employment cen- ters create large numbers of jobs in uses to include office and services. (Ord. 4950 §8 (Exh. A) (part), 2005) 20.92.020 OUTRIGHT PERMITTED USES. The following uses are permitted outright: (a) Co-location of wireless telecommunications facilities per BMC 20.46.140; (b) Community use facility; (c) Day care facility, all; (d) General office and business services; (e) Finance, insurance and real estate; (f) General retail; (g) Hotels and lodging places; (h) Medical offices; (i) Outdoor athletic fields; (j) Park playgrounds and open space, and parks; (k) Personal service business; (l) Physical fitness and health clubs; (m) Public administration; (n) Residential uses of the following types: (1) Group residential facility - Class I; (2) Multi-unit structure; (3) Nursing convalescent home; (4) Senior housing complex; (5) Single-unit structure, attached or detached; (6) Townhouse; (o) Restaurants and drinking places; (p) Schools and education uses; (q) Transportation facility; (r) Veterinary clinic; (s) Worship and religious facility. (Ord. 5222 §21, 2013: Ord. 5008 §23, 2007: Ord. 4950 §8 (Exh. A) (part), 2005) 20.92.040 CONDITIONAL USES. The following uses may be permitted, provided a conditional use permit is approved pursuant to BMC 20.58.020: (a) Light industrial/manufacturing, provided: (1) No odor, dust or smoke byproduct will be clearly detectable on any abutting commercial or resi- dential lot; (2) All standards of the noise levels ordi- nance, Chapter 6.32 BMC, are met; (3) No unshielded light or glare will be visible during periods of darkness on adjacent commercial or residential lots; (4) The applicant can demonstrate that the use will not significantly detract from the visual character as seen from public rights-of-way or any adjacent lot. Unkempt or unsightly storage, refuse, yard, or equip- ment and mechanical areas are elements with potential to negatively impact visual character. (Ord. 4950 §8 (Exh. A) (part), 2005) 20.92.060 DEVELOPMENT STANDARDS. Development shall be in accordance with the fol- lowing standards: (a) Minimum density for residential uses: fifteen (15) dwelling units/acre; (b) Minimum side yard setback: zero (0), except when adjacent to the low density residential zone (R-10) where a ten (10) to twenty (20) foot visual screen is required pursuant to BMC 20.50.050(b); (c) Minimum rear yard setback: zero (0), except when adjacent to the low density residential zone (R-10) where a ten (10) to twenty (20) foot visual screen is required pursuant to BMC 20.50.050(b); (d) Minimum front yard setback requirements: zero (0), except that for residential uses with garages facing a public right-of-way, the garage shall have a set- back five (5) feet greater than that of the principal struc- ture; (e) Maximum building coverage: sixty-five (65) percent base maximum; provided, that through the use of any combination of the following, building coverage may be increased to a maximum of eighty-five (85) per- cent: (1) Projects with two or more stories: ten (10) percent bonus; (2) Projects containing mixed uses: ten (10) percent bonus; (Revised 2/14)20.92-2 20.92.070 (3) Projects incorporating at least fifty (50) percent of required parking underground or within the structure: twenty (20) percent bonus; (f) No maximum development coverage, provided all setbacks and landscaping requirements are met; (g) Maximum Building Height. Eighty (80) feet for residential uses and sixty (60) feet for nonresidential uses. For mixed uses, the building height will be based on the use that predominately (fifty (50) percent or greater) occupies the structure. (Ord. 5046 §31, 2008; Ord. 4971 §18, 2006; Ord. 4950 §8 (Exh. A) (part), 2005) 20.92.070 DESIGN STANDARDS. (a) Blank Facades. The horizontal dimension of any structure facing the perimeter of the site along a public right-of-way shall provide one (1) of the follow- ing visual treatments for a width of twenty (20) feet at intervals not to exceed one hundred (100) feet: (1) An offset with a minimum depth of five (5) feet; (2) A facade material, texture or color that is visually different and distinct from that of the base material, texture or color; (b) Structures containing general retail uses, restaurant uses, drinking place uses, or personal service business uses shall have the following features: (1) Large windows along any facade facing the public sidewalk or a sidewalk providing circulation within the site. At least sixty-five (65) percent of all such facades measured to ten (10) feet above sidewalk or surface grade shall be comprised of such windows. (2) Either a clearly identifiable entrance that is recessed or protruding at least three (3) feet, or a can- opy or overhang extending at least five (5) feet over the sidewalk in the entrance area. (Ord. 4950 §8 (Exh. A) (part), 2005) 20.92.080 PARKING REQUIREMENTS. Parking shall meet the standards of Chapter 20.48 BMC except as modified by the following: (a) Required parking for a nonresidential use may be reduced by twenty (20) percent if the project is within one thousand three hundred (1,300) feet of designated transit-oriented development. (Ord. 5046 §32, 2008: Ord. 4950 §8 (Exh. A) (part), 2005) 20.92.090 LANDSCAPING REQUIREMENTS. Landscaping shall meet the standards of Chapter 20.50 BMC. (Ord. 5046 §33, 2008: Ord. 4950 §8 (Exh. A) (part), 2005) 20.92.100 SIGN STANDARDS. Signage shall meet the standards of Chapter 20.52 BMC. For freestanding signs, the maximum size and height standards of Figure 20.52(a) shall apply. (Ord. 4950 §8 (Exh. A) (part), 2005) 20.98-1 (Revised 2/14) Bremerton Municipal Code 20.98.090 Chapter 20.98 INSTITUTIONAL (INST) Sections: 20.98.010 INTENT. 20.98.020 OUTRIGHT PERMITTED USES. 20.98.030 ACCESSORY USES. 20.98.040 CONDITIONAL USES. 20.98.060 DEVELOPMENT STANDARDS. 20.98.080 PARKING REQUIREMENTS. 20.98.090 LANDSCAPING REQUIREMENTS. 20.98.100 SIGN STANDARDS. 20.98.010 INTENT. The intent of the institutional (INST) zone is to pro- vide for continued operation and facilitate managed growth of existing major institutions within the City. Institutions in the zone shall also be compatible with surrounding neighborhoods. Major institutions include the Olympic College campus, and the Harrison Hospi- tal. (Ord. 4950 §8 (Exh. A) (part), 2005) 20.98.020 OUTRIGHT PERMITTED USES. The following uses are permitted: (a) Co-location of wireless telecommunications facilities per BMC 20.46.140; (b) Community facility; (c) General office and business services; (d) General retail associated with an institution; (e) Higher education and colleges; (f) Hospitals; (g) Medical offices and clinics; (h) Outdoor athletic fields and park playground and open spaces; (i) Parking as a principal use; (j) Public administration; (k) Residential uses of the following types: (1) Group residential facility - Class I; (2) Nursing convalescent home; (3) Senior housing complex; (4) Single-unit dwelling unit, detached; (5) Single-unit dwelling unit, attached; (l) Restaurants; (m) Schools and education uses; (n) Transportation facility; (o) Welfare and charitable services and facility; (p) Worship and religious facility. (Ord. 5222 §22, 2013: Ord. 4950 §8 (Exh. A) (part), 2005) 20.98.030 ACCESSORY USES. Any subordinate use with a direct connection to or association with the core functions of a higher education college or a hospital may be permitted by the Director as an accessory use. (Ord. 4950 §8 (Exh. A) (part), 2005) 20.98.040 CONDITIONAL USES. A conditional use permit, which is approved pursu- ant to BMC 20.58.020, may permit the following uses: (a) Opiate substitution treatment facility, pro- vided: (1) The permit shall be processed as a Type III Hearing Examiner decision; (2) May only be located in the Institutional zone where the Harrison Medical Center campus is sited, in the vicinity of Cherry Avenue, Wheaton Way, and Clare Avenue; (3) No opiate substitution treatment facility shall be sited within 1,000 (one thousand) feet of another opiate substitution treatment facility; (4) Off-street parking shall be provided one (1) parking space per one hundred fifty (150) square feet of gross floor area; and (5) Landscaping is provided meeting the min- imum requirements for nonresidential uses as pre- scribed in Chapter 20.50 BMC. (Ord. 5177 §5, 2012) 20.98.060 DEVELOPMENT STANDARDS. Development shall be in accord with the following standards: (a) Minimum front yard setback: zero (0), except ten (10) feet where adjacent to any lot not within the institutional zone; (b) Minimum side yard setback: zero (0), except when adjacent to the low density residential zone (R-10) where a ten (10) to twenty (20) foot visual screen is required pursuant to BMC 20.50.050(b); (c) Minimum rear yard setback: zero (0), except when adjacent to the low density residential zone (R-10) where a ten (10) to twenty (20) foot visual screen is required pursuant to BMC 20.50.050(b); (d) Maximum height: eighty-five (85) feet, pro- vided all upper level setback requirements are met; (e) Upper level setbacks: where adjacent to any lot not within the institutional (INST) zone, structures shall be set back one (1) additional foot for each additional foot of height above thirty-five (35) feet. (Ord. 5046 §36, 2008; Ord. 4950 §8 (Exh. A) (part), 2005) 20.98.080 PARKING REQUIREMENTS. Parking shall meet the standards of Chapter 20.48 BMC. (Ord. 4950 §8 (Exh. A) (part), 2005) 20.98.090 LANDSCAPING REQUIREMENTS. Landscaping shall meet the standards of Chapter 20.50 BMC. (Ord. 4950 §8 (Exh. A) (part), 2005) (Revised 2/14)20.98-2 20.98.100 20.98.100 SIGN STANDARDS. Signage shall meet the standards of Chapter 20.52 BMC. (Ord. 4950 §8 (Exh. A) (part), 2005) Tables-1 (Revised 2/14) Ordinance Table Information on the disposition of ordinances prior to 4848 can be found in the office of the city clerk. Number Subject 4848 Recodifies Chapter 5.50 as Chapter 18.06, ambulance services (18.06) 4849 Amends § 21.22.240, critical lands ordinance (Repealed by 4965) 4850 Repeals and replaces Chapter 9.88 and Title 9A, criminal code (9.88, 9A.04, 9A.08, 9A.12, 9A.16, 9A.20, 9A.24, 9A.28, 9A.32, 9A.36, 9A.40, 9A.44, 9A.48, 9A.52) 4851 Amends § 6.32.110, noise levels (6.32) 4852 Repeals and replaces Chapter 21.06, comprehensive plans (20.10) 4853 Council salaries (Special) 4854 Alley vacation (Special) 4855 Rezone (Special) 4856 Adds Chapter 11.12, transportation development; amends Chapter 11.08, sidewalks construction and repair, Chapter 11.10, sidewalks, duties of abutting property owners, and § 13.10.080, trees, planting and maintenance; and repeals and replaces § 15.01.100, utility system standards (11.08, 11.10, 11.12, 13.10, 15.01) 4857 Amends § 11.02.080, right-of-way use permits (11.02) 4858 Amends Chapter 21.02, Figure 152(b), zoning (Repealed by 4901) 4859 Adds Chapter 9.20, pawnbrokers and second hand dealers; amends Chapter 3.01, Rate Table A, and Chapter 5.03, general provisions; recodifies Chapter 5.42 as Chapter 9.34, hotels and motels, and Chap- ter 5.80 as Chapter 3.74, amusement devices; repeals Chapters 5.10, 5.12, 5.25, 5.30, 5.38, 5.46, 5.48, 5.54, 5.60, 5.76, 5.84, 5.98, and 5.99 (3.74, 5.03, 9.20, 9.34) 4860 Adds § 21.02.335, wireless telecommunications facilities (Repealed by 4950) 4861 Amends § 21.02.330, off-premises signs (Repealed by 4950) 4862 Street vacation (Special) 4863 Amends Ord. 4839, fiscal year 2003 budget (Special) 4864 Adds Chapter 2.03, mayor; repeals § 2 of Ord. 4357 (2.03) 4865 Amends Chapter 3.01, Rate Table B, and § 10.11.010, parking and enforcement; repeals Chapter 10.08, parking zones, and Chapter 10.09, residential parking permits; repeals and replaces Chapter 10.10, handicapped parking (Repealed by 5206) 4866 Amends Chapter 7.12, dangerous animals, and Chapter 7.14, misdemeanors, infractions, and penalties; repeals Chapter 7.16, livestock restricted areas (7.12, 7.14) 4867 Amends Chapter 2.05, departments and directors (2.05) 4868 Adds § 2.76.550, credit/purchase card use (Repealed by 4934, 4975) 4869 Amends Chapter 3.01, Rate Table A (Repealed by 5130) 4870 Westpark housing cooperation (Special) 4871 Adds Chapter 2.74, travel authorization and expense reimbursement; repeals Ord. 3693 (Repealed by 5004) 4872 Natural gas franchise (Special) 4873 Community renewal plan (Special) 4874 Amends §§ 11.02.250, 11.02.260, 11.02.270, 11.02.280, 11.02.310, and 11.02.320, right-of-way use (11.02) 4875 Energy franchise (Special) 4876 Tax levy (Special) 4877 Adds Chapter 2.01, elected official - PERS (2.01) 4878 Amends 2003 budget (Special) 4879 Amends § 3.82.020, commercial parking tax (3.82) Number Subject (Revised 2/14)Tables-2 4880 Amends Chapter 3.01, Rate Tables A, B, C, D, E, F, and G; repeals Rate Table F1, §§ 3.01.090 and 3.01.095 (Repealed by 5130) 4881 Amends § 15.06.015, Appendix A (15.06) 4882 Amends § 3.50.050, utility taxes (3.50) 4883 2004 budget; repeals Chapters 3.10, conference center fund, and 3.38, discretionary reserve fund (Spe- cial) 4884 Street vacation (Special) 4885 Property condemnation (Special) 4886 Amends §§ 21.02.070 and 21.02.150, zoning (Repealed by 4950) 4887 Amends § 21.02.152, zoning (Repealed by 4950) 4888 Street vacation (Special) 4889 Recodifies Ch. 2.02 to Ch. 1.02, city business hours, and Ch. 2.04 to Ch. 2.02, city council (1.02, 2.02) 4890 Amends Port Blakely initial development agreement (Special) 4891 Amends § 6.32.010, noise levels (6.32) 4892 Amends § 11.08.100; repeals § 11.08.130, sidewalks - construction, reconstruction and repair (11.08) 4893 Repeals and replaces Ch. 2.78, real property transactions; repeals city financial policy 1-20-03 (2.78) 4894 Amends §§ 2.13.090 and 2.13.110, administrative hearing examiner (2.13) 4895 Amends Ch. 3.50 and § 3.86.170, utility taxes (3.50, 3.86) 4896 Street vacation (Special) 4897 Number not used 4898 Adds Ch. 9.32, unauthorized camping, and § 10.11.050 [10.11.005]; amends title to Ch. 10.11 and § 10.11.010, parking enforcement (9.32) 4899 Amends §§ 21.02.850, 21.02.855, Figure 840 and Figure 895(A), zoning (Repealed by 4950) 4900 Amends § 2.05.010; repeals Ch. 2.08 and repeals and replaces Ch. 2.09, department of financial ser- vices (2.05, 2.09) 4901 Repeals and replaces Ch. 21.02 Appendix Figure 152(b), zoning (Repealed by 4950) 4902 Repeals § 21.02.750 (Repealer) 4903 Repeals and replaces Ch. 18.02, city fire code (18.02) 4904 Repeals and replaces Ch. 17.04, city building code (17.04) 4905 Amends § 9A.48.030, criminal impersonation (9A.48) 4906 Amends Ch. 3.01 and §§ 17.04.040 and 21.02.230, fence height and fees (17.04) 4907 Street vacation (Special) 4908 Amends Ch. 3.01, rates and fees (Repealed by 5130) 4909 Amends §§ 15.01.020, 15.01.030, 15.01.070, 15.01.090, 15.06.015, 15.06.020 and 15.06.015(a) Appen- dix A, municipal utilities (15.01, 15.06) 4910 Amends 2004 budget (Special) 4911 Amends §§ 2.18.020 and 2.18.040, audit committee and city auditor (2.18) 4912 Street vacation (Special) 4913 Street vacation (Special) 4914 Adds § 21.22.320; amends title to Ch. 21.22 and §§ 21.22.300, 21.22.310, critical areas (Repealed by 4965) 4915 Adds Ch. 10.13; amends §§ 6.32.010(f) and 13.04.100, motorized wheeled transportation devices (6.32, 10.13, 13.04) 4916 2005 tax levy (Special) 4917 2005 comprehensive plan (Special) 4918 Amends § 3.50.050, utility taxes (3.50) 4919 Amends Ch. 3.01, rates and fees (Repealed by 5130) 4920 LTGO bond/Kitsap regional conference center (Special) 4921 Adopts 2005 budget (Special) 4922 Annexation (Special) Number Subject Tables-3 (Revised 2/14) 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 (Repealed by 5199) 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, 20.18, 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 (Repealed by 5130) 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 (Repealed by 5199) 4958 Adds § 18.02.170; amends §§ 15.02.090, 18.02.080; recodifies §§ 18.02.170 to 18.02.180 and 18.02.180 to 18.02.190, automatic sprinkler systems (15.02, 18.02) 4959 Adopts 2006 budget (Special) 4960 Amends 2005 budget (Special) Number Subject (Revised 2/14)Tables-4 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) 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 (3.78) 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) 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 (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 (Repealed by 5130) 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 (Repealed by 5220) 4993 Amends 2006 budget (Special) 4994 Amends Ch. 20.10, comprehensive plan amendments (20.10) 4995 Amends § 2.46.100, employee recognition (2.46) 4996 Amends and restates 457(b) deferred compensation plan (Not codified) 4997 Annexation (Special) Number Subject Tables-5 (Revised 2/14) 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 (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 (15.06) 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 (Repealed by 5130) 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) 5040 Amends Ch. 2.88, disability action committee (2.88) Number Subject (Revised 2/14)Tables-6 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 (Repealed by 5143) 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 (Repealed by 5144) 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 (Repealed by 5130) 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) 5080 Amends Ch. 1.06, public records (1.06) Number Subject Tables-7 (Revised 2/14) 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 (Repealed by 5207) 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 (Repealed by 5130) 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, 15.06, 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) 5111 Amends Figure 20.40(b) and §§ 20.60.040, 20.78.040 and 20.79.040, community facilities (20.40, 20.60, 20.78, 20.79) 5112 Amends Ch. 18.02, fire code (18.02) 5113 Adds § 17.04.080(c); amends §§ 17.04.020, 17.04.040(c) and 17.04.110(d), building codes (17.04) 5114 Amends §§ 10.10.140 and 10.11.010(f), parking for disabled persons (Repealed by 5206) 5115 (Pulled) 5116 Amends § 3.72.020, gambling tax (3.72) 5117 Amends 2010 budget (Special) 5118 Amends § 20.48.060, residential parking development standards (20.48) 5119 Right-of-way transfer (Special) 5120 Amends Ch. 3.68, equipment rental reserve fund (3.68) 5121 Amends Ch. 10.12, skateboards (10.12) 5122 Amends §§ 10.10.020, 10.10.030, 10.11.005 and 10.11.010, parking (Repealed by 5206) 5123 Amends § 17.60.070, floodplain management (17.60) 5124 Bond issuance (Special) 5125 Amends § 2.18.060, audit committee (2.18) 5126 Adds Ch. 7.06; amends §§ 3.01.050, 7.04.020, 7.15.010 and 7.16.030, keeping of chickens (7.04, 7.06, 7.15, 7.16) 5127 Amends § 17.60.070, floodplain management (17.60) Number Subject (Revised 2/14)Tables-8 5128 Amends Ch. 2.09 and § 2.10.030, information technology reorganization (2.09, 2.10) 5129 Tax levy (Special) 5130 Repeals and replaces Ch. 3.01, rates and fees (3.01) 5131 Amends §§ 15.06.015 and 15.06.040; repeals Appendix A of Ch. 15.06, assessments, rates, fees and charges (15.06) 5132 Establishes rates and fees for the department of public works and utilities (Not codified) 5133 Adopts 2011 budget (Special) 5134 Amends 2010 budget (Special) 5135 Adds § 10.10.150, driveways (Repealed by 5206) 5136 Repeals Ch. 18.08, outdoor fires (Repealer) 5137 Amends § 18.02.090, fire code (18.02) 5138 Amends § 10.04.010 and Ch. 10.11, parking (10.04) 5139 Amends § 3.48.030, business and occupation tax (3.48) 5140 Adds Ch. 5.08; amends § 7.08.030(a), street vendors; repeals Chs. 5.04 and 5.20 (5.08, 7.08) 5141 Adds Ch. 3.49, natural or manufactured gas use tax (3.49) 5142 Repeals Ch. 3.44, admissions tax (Repealer) 5143 Repeals Ord. 5050, alley vacation (Repealer) 5144 Repeals Ord. 5061, street vacation (Repealer) 5145 Amends Ch. 9A.44, public disturbances (9A.44) 5146 Adds § 9A.32.130, sexual motivation for assault (9A.32) 5147 Adds Ch. 6.06; amends § 2.62.045; recodifies Ch. 9.14 to 6.08 and Ch. 9.16 to Ch. 6.02; repeals Chs. 6.02, 9.08 and 9.90, health and sanitation (2.62, 6.02, 6.06, 6.08) 5148 Amends Ch. 1.04 and § 2.13.120, code enforcement (1.04, 2.13) 5149 Alley vacation (Special) 5150 Amends § 2.09.040, city clerk’s duties (2.09) 5151 Alley vacation (Special) 5152 Bond issuance (Special) 5153 Amends 2011 budget (Special) 5154 Amends §§ 2.62.045, 7.06.010, 9.92.020, 11.12.120 and 13.10.090, code reference corrections; repeals § 13.10.100 (2.62, 7.06, 9.92, 11.12, 13.10) 5155 Moratorium on methadone treatment facilities (Special) 5156 Amends § 3.12.060, authorized expenditures from arts fund (3.12) 5157 Authorizes termination of development agreement (Special) 5158 Amends Ch. 5.16, temporary merchants, peddlers and mobile food vendors (5.16) 5159 Moratorium on medical marijuana collective gardens (Special) 5160 (Number not used) 5161 Alley vacation (Special) 5162 Council districts; repeals Ord. 4812 (Repealed by 5179) 5163 Repeals Ch. 3.56, fiscal and cremation agent (Repealer) 5164 Adds § 18.02.175, fire code violation fines (18.02) 5165 Adds § 9A.44.110, lasers (9A.44) 5166 Amends § 13.04.140, liquor in city parks (13.04) 5167 Suspends One Percent for the Arts Program (2.32, 3.12) 5168 2012 tax levy (Special) 5169 Amends § 3.82.020, commercial parking tax (3.82) 5170 Amends § 3.50.050, utility taxes (3.50) 5171 Adds Ch. 11.18, addressing (11.18) 5172 Amends rates and fees for the department of public works and utilities (Not codified) 5173 Adopts 2012 budget (Special) 5174 Amends §§ 10.10.140, 10.11.010, 10.11.050 and 10.11.060, parking zones (Repealed by 5206) Number Subject Tables-9 (Revised 2/14) 5175 Amends 2011 budget (Special) 5176 (Renumbered) 5177 Adds § 20.98.040; amends §§ 20.42.020, 20.42.040 and 20.86.040, opiate substitution treatment facili- ties (20.42, 20.86, 20.98) 5178 Extends moratorium on medical marijuana collective gardens (Special) 5179 Council districts; repeals Ord. 5162 (Not codified) 5180 Street vacation (Special) 5181 Amends §§ 2.92.020 and 2.92.030, office of risk management (2.92) 5182 Amends § 10.04.034, inattention to driving (10.04) 5183 Amends §§ 9A.12.020 and 13.04.140, liquor in city parks (9A.12, 13.04) 5184 Adds § 11.12.085, complete streets (11.12) 5185 Amends Ch. 7.06 and § 7.15.010, chickens (7.06, 7.15) 5186 Amends 2012 budget (Special) 5187 Adds § 20.04.205; amends § 20.04.010, State Environmental Policy Act (20.04) 5188 Amends comprehensive plan and § 20.80.080, subarea plans (20.80) 5189 Establishes planned action for South Kitsap industrial area (Special) 5190 Amends §§ 2.16.020, 2.19.020 and 2.30.020, civil service system (2.16, 2.19, 2.30) 5191 Bonds issuance (Special) 5192 Extends moratorium on medical marijuana collective gardens (Special) 5193 Adds § 1.06.110, public records (1.06) 5194 (Failed) 5195 Amends § 3.48.050, business and occupation taxes (3.48) 5196 (Failed) 5197 2013 tax levy (Special) 5198 Amends § 2.03.010, mayor (2.03) 5199 Repeals Ch. 2.34, Gold Mountain Golf Complex board of directors (Repealer) 5200 Adopts 2013 budget (Special) 5201 Amends Ch. 3.48 and § 3.86.200, business and occupation taxes (3.48, 3.86) 5202 Amends comprehensive plan (Special) 5203 Amends 2012 budget (Special) 5204 Amends Ch. 9.88, drug offenses (9.88) 5205 Amends §§ 20.40.160, 20.42.020 and 20.42.040, medical marijuana collective gardens (20.40, 20.42) 5206 Amends Ch. 11.10; repeals and replaces Ch. 10.10; repeals Ch. 10.11, parking and sidewalks (10.10, 11.10) 5207 Repeals Ord. 5089, public defense standards (Repealer) 5208 Amends Chs. 9A.32 and 9A.44, criminal code (9A.32, 9A.44) 5209 Adds § 15.01.015; amends § 20.14.630; repeals and replaces §15.01.020 and Ch. 15.04, stormwater (15.01, 15.04, 20.14) 5210 Amends §§ 2.50.032, 2.50.040, 2.50.060 and 2.50.070, management and professional staff compensa- tion program (2.50) 5211 Adds § 15.06.025, sewer conservation loan program (15.06) 5212 Rezone (Special) 5213 Amends rates and fees for the department of public works and utilities (Not codified) 5214 Bonds issuance (Special) 5215 Adds Ch. 6.10, abandoned property registration and maintenance (6.10) 5216 Adds Ch. 10.08; amends § 2.62.045, impoundment of vehicles, appeals (2.62, 10.08) 5217 Amends 2013 budget (Special) 5218 Cable franchise (Special) 5219 Amends §§ 17.04.020 and 17.04.110, building code (17.04) 5220 Repeals Ord. 4992, 2005 water system plan (Repealer) Number Subject (Revised 2/14)Tables-10 5221 Adds Ch. 5.06, rental property registration (5.06) 5222 Amends §§ 20.04.100, 20.42.040, 20.44.120, 20.48.260, 20.62.060(a), 20.62.080, 20.64.060(a), 20.64.080, 20.66.050, 20.66.060(a), 20.66.080, 20.70.050, 20.70.060(a), 20.70.070(b), 20.70.080, 20.82.060(a), 20.82.080, 20.84.060(a), 20.84.080, 20.92.020 and 20.98.020, zoning (20.04, 20.42, 20.44, 20.48, 20.62, 20.64, 20.66, 20.70, 20.82, 20.84, 20.92, 20.98) 5223 Adds Ch. 10.20; repeals Ch. 10.40, commute trip reduction plan (10.20) 5224 Fiscal policy regarding tax receipts (Special) 5225 Amends Ch. 9.24, prostitution (9.24) 5226 Amends Ord. 4875, energy franchise (Special) 5227 2014 tax levy (Special) 5228 Amends Ord. 5213, rates and fees for the department of public works and utilities (Not codified) 5229 Shoreline master program; repeals Resos. 1736, 1746, 1765, 1769 and 1770 and Ords. 4183, 4365, 4634, 4797 and 4829 (Not codified) 5230 Repeals and replaces Ch. 20.16, shoreline development (20.16) 5231 Amends Ch. 17.60, floodplain management (17.60) 5232 Adds Ch. 2.11; amends Chs. 2.06 and 2.09, human resources (2.06, 2.09, 2.11) 5233 Amends comprehensive plan (Special) 5234 Amends Ch. 18.02, city fire code (18.02) 5235 Adopts 2014 budget (Special) 5236 Amends 2013 budget (Special) 5237 Amends comprehensive plan and § 20.80.080, subarea plans (20.80) 5238 Amends § 3.72.020, gambling tax (3.72) 5239 Street vacation (Special) 5240 Establishes planned action for Gorst urban growth area (Special)