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
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This supplement includes all legislation passed up to and including Ordinance 5240, passed February 19,
2014.
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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
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(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 68F
(20C) 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 (20C) 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 (18C) 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)