HomeMy WebLinkAbout22 bremerton716_supp22SUPPLEMENT DIRECTIONS
BREMERTON MUNICIPAL CODE
Supplement No. 22 – July 2016
New, reprinted pages included with this supplement are listed by title and page number in the right-hand
column below. The left-hand column lists obsolete material which should be removed from the code. Follow
the instruction columns in sequence: remove and replace pages as necessary.
When completed, insert these directions in a convenient place near the front of the code book. For future
reference, the person making these changes may also date and initial this page.
This supplement includes all legislation passed up to and including Ordinance 5304, passed June 15, 2016.
The online version of the code is updated more frequently than the print version. Reference the disclaimer
on the following webpage to determine whether the online code is more current than the print version:
http://www.codepublishing.com/WA/bremerton/
Remove these pages Insert these pages
Title 2
2.62-1 – 2.62.2 ........................................... 2.62-1 – 2.62-2
Title 3
3.48-1 – 3.48-2 .......................................... 3.48-1 – 3.48-2
3.48-9 – 3.48-10 ...................................... 3.48-9 – 3.48-10
3.50-1 – 3.50-2 .......................................... 3.50-1 – 3.50-2
3.78-1 – 3.78-4 .......................................... 3.78-1 – 3.78-4
3.78-7 – 3.78-8 ........................................ 3.78-7 – 3.78-13
Title 5
5.12-1 – 5.12-2 .......................................... 5.12-1 – 5.12-2
5.12-5 – 5.12-7 .......................................... 5.12-5 – 5.12-7
Title 6
6.32-1 – 6.32-2 .......................................... 6.32-1 – 6.32-2
Title 7
7.08-1 – 7.08-2 .......................................... 7.08-1 – 7.08-2
Title 11
Table of Contents .................................. Table of Contents
11.01-1 – 11.01-8 ............................... 11.01-1 – 11.01-8.1
11.01-11 – 11.01-13 .......................... 11.01-11 – 11.01-13
11.03-1 – 11.03-2 .................................. 11.03-1 – 11.03-2
11.05-1 ................................................................... 11.05-1
11.06-1 ................................................................... 11.06-1
11.12-7 – 11.12-8 .................................. 11.12-7 – 11.12-8
11.25-1 ................................................... 11.25-1 – 11.25-2
Title 15
15.06-3 – 15.06-4/6 ............................ 15.06-3 – 15.06-4/6
Title 17
17.04-1 – 17.04-4 ............................... 17.04-1 – 17.04-4.2
Title 18
18.02-9 – 18.02-10 .............................. 18.02-9 – 18.02-10
(Revised 7/16)
Updated by: _______
Dated: ____________
Remove these pages Insert these pages
Title 20
Table of Contents ................................... Table of Contents
20.02-1 – 20.02-9 ................................. 20.02-1 – 20.02-10
20.04-1 – 20.04-9 ................................... 20.04-1 – 20.04-9
20.10-1 – 20.10-2 .......................................20.10-1 – 20.10-2
20.12-1 – 20.12-8 ................................... 20.12-1 – 20.12-8
20.14-1 – 20.14-41 ............................... 20.14-1 – 20.14-44
20.16-1 ................................................................... 20.16-1
20.18-1 – 20.18-2 ................................... 20.18-1 – 20.18-2
20.40-1 – 20.40-5 ................................... 20.40-1 – 20.40-4
20.42-1 – 20.42-13 ............................... 20.42-1 – 20.42-12
20.44-1 – 20.44-6 ................................... 20.44-1 – 20.44-7
20.46-1 – 20.46-12 ............................... 20.46-1 – 20.46-12
20.48-1 – 20.48-9 ................................... 20.48-1 – 20.48-9
20.50-1 – 20.50-4 ................................... 20.50-1 – 20.50-5
20.52-1 – 20.52-8 ................................... 20.52-1 – 20.52-8
20.54-1 – 20.54-3 ................................... 20.54-1 – 20.54-4
20.58-1 – 20.58-7 ................................... 20.58-1 – 20.58-6
20.60-1 – 20.60-6 ................................... 20.60-1 – 20.60-5
20.62-1 – 20.62-3 ................................... 20.62-1 – 20.62-4
20.64-1 – 20.64-3 ........................................................... —
20.66-1 – 20.66-3 ........................................................... —
20.70-1 – 20.70-4 ................................... 20.70-1 – 20.70-4
20.74-1 ................................................................... 20.74-1
20.75-1 ................................................................... 20.75-1
20.76-1 ................................................................... 20.76-1
20.78-1 ................................................... 20.78-1 – 20.78-4
20.79-1 ................................................... 20.79-1 – 20.79-2
20.80-1 – 20.80-3 ........................................................... —
20.82-1 – 20.82-2 ................................... 20.82-1 – 20.82-3
20.84-1 – 20.84-2 ........................................................... —
20.86-1 – 20.86-2 ................................... 20.86-1 – 20.86-2
20.88-1 – 20.88-2 ........................................................... —
20.90-1 – 20.90-2 ........................................................... —
20.92-1 – 20.92-2 ................................... 20.92-1 – 20.92-2
20.94-1 ................................................... 20.94-1 – 20.94-2
20.96-1 – 20.96-2 ................................... 20.96-1 – 20.96-2
20.97-1 ................................................................... 20.97-1
20.98-1 – 20.98-2 ................................................... 20.98-1
Zoning Maps ................................................. Zoning Maps
Tables
1 – 11 ....................................................................... 1 – 11
Please call Code Publishing Company (206-527-6831) should questions
arise while removing and replacing supplement pages.
(Revised 7/16)
2.62-1 (Revised 7/16)
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 (1) 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 eighty percent (80%) of the hourly sal-
ary of the Bremerton Municipal Court Judge, or sixty-
three dollars and forty-one cents ($63.41) per hour,
whichever is higher.
The Municipal Court Judge may appoint one (1) or
more court commissioners under RCW 3.50.075. An
appointed commissioner of Bremerton Municipal Court
shall receive a salary for each hour in which the com-
missioner serves at a rate equivalent to ninety percent
(90%) of the hourly salary of the Bremerton Municipal
Court Judge.
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. 5295 §1, 2016: 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-
(Revised 7/16)2.62-2
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
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)
3.48-1 (Revised 7/16)
Chapter 3.48
BUSINESS AND OCCUPATION TAXES
Sections:
3.48.020 EXERCISE OF REVENUE
LICENSE POWER.
3.48.025 BUSINESS LICENSE -
REQUIRED.
3.48.028 ADMINISTRATIVE
PROVISIONS.
3.48.030 DEFINITIONS.
3.48.040 AGENCY - SALES AND
SERVICES BY AGENT,
CONSIGNEE, BAILEE,
FACTOR OR AUCTIONEER.
3.48.050 IMPOSITION OF THE TAX -
TAX OR FEE LEVIED.
3.48.070 MULTIPLE ACTIVITIES
CREDIT WHEN ACTIVITIES
TAKE PLACE IN ONE (1) OR
MORE CITIES WITH
ELIGIBLE GROSS RECEIPT
TAXES.
3.48.075 DEDUCTIONS TO PREVENT
MULTIPLE TAXATION OF
MANUFACTURING
ACTIVITIES AND PRIOR TO
JANUARY 1, 2008,
TRANSACTIONS INVOLVING
MORE THAN ONE (1) CITY
WITH AN ELIGIBLE GROSS
RECEIPTS TAX.
3.48.076 ASSIGNMENT OF GROSS
INCOME DERIVED FROM
INTANGIBLES.
3.48.077 ALLOCATION AND
APPORTIONMENT OF
INCOME WHEN ACTIVITIES
TAKE PLACE IN MORE THAN
ONE (1) JURISDICTION.
3.48.078 ALLOCATION AND
APPORTIONMENT OF
PRINTING AND PUBLISHING
INCOME WHEN ACTIVITIES
TAKE PLACE IN MORE THAN
ONE (1) JURISDICTION.
3.48.090 EXEMPTIONS.
3.48.100 DEDUCTIONS.
3.48.120 TAX PART OF OVERHEAD.
3.48.125 RULES AND REGULATIONS.
3.48.130 SEVERABILITY CLAUSE.
3.48.020 EXERCISE OF REVENUE
LICENSE POWER.
The provisions of this chapter shall be deemed an
exercise of the power of the City to license and/or tax for
revenue. The provisions of this chapter are subject to
periodic statutory or administrative rule changes or judi-
cial interpretations of the ordinances or rules. The
responsibility rests with the licensee or taxpayer to
reconfirm tax computation procedures and remain in
compliance with the City code. (Ord. 5201 §2 (part),
2012: Ord. 5028 §1 (part), 2007: Ord. 4843, Added,
01/03/2003)
3.48.025 BUSINESS LICENSE - REQUIRED.
It is unlawful for any person to engage in business
in the City without having first obtained a business
license pursuant to Chapter 5.02 BMC. (Ord. 5201 §2
(part), 2012: Ord. 5028 §1 (part), 2007: Ord. 4843,
Added, 01/03/2003)
3.48.028 ADMINISTRATIVE PROVISIONS.
The provisions contained in Chapter 3.86 BMC
shall be fully applicable to the provisions of this chapter
except as expressly stated to the contrary herein. (Ord.
5201 §2 (part), 2012: Ord. 5028 §1 (part), 2007: Ord.
4843, Added, 01/03/2003)
3.48.030 DEFINITIONS.
In construing the provisions of this chapter, the follow-
ing definitions shall be applied. Words in the singular
number shall include the plural, and the plural shall
include the singular.
"Advance," "reimbursement."
(1) "Advance" means money or credits received
by a taxpayer from a customer or client with which the
taxpayer is to pay costs or fees on behalf of the customer
or client.
(2) "Reimbursement" means money or credits
received from a customer or client to repay the taxpayer
for money or credits expended by the taxpayer in pay-
ment of costs or fees of the customer or client.
"Agricultural product" means any product of plant
cultivation or animal husbandry including, but not lim-
ited to: a product of horticulture, grain cultivation, ver-
miculture, viticulture, or aquaculture as defined in RCW
15.85.020; plantation Christmas trees; turf; or any ani-
mal including but not limited to an animal that is a pri-
vate sector cultured aquatic product as defined in RCW
15.85.020, or a bird, or insect, or the substances
obtained from such an animal. "Agricultural product"
does not include animals intended to be pets.
"Artistic or cultural organization." As used in this chap-
ter:
(1) The term "artistic or cultural organization"
means an organization which is organized and operated
exclusively for the purpose of providing artistic or cul-
(Revised 7/16)3.48-2
tural exhibitions, presentations, or performances or cul-
tural or art education programs, as defined in subsection
(10) of this definition, for viewing or attendance by the
general public.
(2) The organization must be a not-for-profit cor-
poration under Chapter 24.03 RCW.
(3) The organization must be managed by a gov-
erning board of not less than eight (8) individuals none
of whom is a paid employee of the organization or by a
corporation sole under Chapter 24.12 RCW.
(4) No part of its income may be paid directly or
indirectly to its members, stockholders, officers, direc-
tors, or trustees except in the form of services rendered
by the corporation in accordance with its purposes and
bylaws.
(5) Salary or compensation paid to its officers and
executives must be only for actual services rendered,
and at levels comparable to the salary or compensation
of like positions within the State.
(6) Assets of the corporation must be irrevocably
dedicated to the activities for which the exemption is
granted and, on the liquidation, dissolution, or abandon-
ment by the corporation, may not inure directly or indi-
rectly to the benefit of any member or individual except
a nonprofit organization, association, or corporation
which also would be entitled to the exemption.
(7) The corporation must be duly licensed or certi-
fied when licensing or certification is required by law or
regulation.
(8) The amounts received that qualify for exemp-
tion must be used for the activities for which the exemp-
tion is granted.
(9) Services must be available regardless of race,
color, national origin, ancestry, religion, age, sex, mari-
tal status, sexual orientation, Vietnam or disabled vet-
eran status, or the presence of any mental or physical
disability.
(10)The term "artistic or cultural exhibitions, pre-
sentations, or performances or cultural or art education
programs" is limited to:
(a) An exhibition or presentation of works of
art or objects of cultural or historical significance, such
as those commonly displayed in art or history museums;
(b) A musical or dramatic performance or
series of performances; or
(c) An educational seminar or program, or
series of such programs, offered by the organization to
the general public on an artistic, cultural, or historical
subject.
"Business" includes all activities engaged in with the
object of gain, benefit, or advantage to the taxpayer or to
another person or class, directly or indirectly.
"Business and occupation tax" or "gross receipts
tax" means a tax imposed on or measured by the value
of products, the gross income of the business, or the
gross proceeds of sales, as the case may be, and that is
the legal liability of the business.
"Cash discount" means a deduction from the invoiced
amount allowed by the seller if the bill is paid within a
certain time period or before a specified date.
"City" means City of Bremerton, Washington.
"Commercial or industrial use" means the following
uses of products, including by-products, by the extractor
or manufacturer thereof:
(1) Any use as a consumer;
(2) Any use in the manufacturing of products
including articles, substances or commodities.
"Competitive telephone service" means the providing
by any person of communications equipment or appara-
tus, or service related to that equipment or apparatus
such as repair or maintenance service, if the equipment
or apparatus is of a type which can be provided by per-
sons that are not subject to regulation as telephone com-
panies under RCW Title 80 and for which a separate
charge is made.
"Consumer" means the following:
(1) Any person who purchases, acquires, owns,
holds, or uses any tangible or intangible personal prop-
erty irrespective of the nature of the person’s business
and including, among others, without limiting the scope
hereof, persons who install, repair, clean, alter, improve,
construct, or decorate real or personal property of or for
a consumer other than for the purpose of:
(a) Resale as tangible or intangible personal
property in the regular course of business;
(b) Incorporating such property as an ingredi-
ent or component of real or personal property when
installing, repairing, cleaning, altering, imprinting,
improving, constructing, or decorating such real or per-
sonal property of or for consumers;
(c) Incorporating such property as an ingredi-
ent or component of a new product or as a chemical used
in processing a new product when the primary purpose
of such chemical is to create a chemical reaction directly
through contact with an ingredient of a new product; or
(d) Consuming the property in producing fer-
rosilicon which is subsequently used in producing mag-
nesium for sale, if the primary purpose of such property
is to create a chemical reaction directly through contact
with an ingredient of ferrosilicon;
(2) Any person engaged in any business activity
taxable under BMC 3.48.050(1)(g);
(3) Any person who purchases, acquires, or uses
any competitive telephone service as herein defined,
other than for resale in the regular course of business;
(4) Any person who purchases, acquires, or uses
any personal, business, or professional service defined
as a retail sale or retail service in this section other than
for resale in the regular course of business;
(5) Any person who is an end user of software;
3.48-9 (Revised 7/16)
ations on data to extract the required information in an
appropriate form or to convert the data to usable infor-
mation. Data processing includes check processing,
image processing, form processing, survey processing,
payroll processing, claim processing, and similar activ-
ities.
(6) "Sale at retail" or "retail sale" shall also include
the sale of or charge made for labor and services ren-
dered in respect to the building, repairing, or improving
of any street, place, road, highway, easement, right-of-
way, mass public transportation terminal or parking
facility, bridge, tunnel, or trestle which is owned by a
municipal corporation or political subdivision of the
State, the State of Washington, or by the United States
and which is used or to be used primarily for foot or
vehicular traffic including mass transportation vehicles
of any kind (public road construction).
(7) "Sale at retail" or "retail sale" shall also include
the sale of or charge made for labor and services ren-
dered in respect to the constructing, repairing, decorat-
ing, or improving of new or existing buildings or other
structures under, upon, or above real property of or for
the United States, any instrumentality thereof, or a
county or city housing authority created pursuant to
Chapter 35.82 RCW, including the installing or attach-
ing of any article of tangible personal property therein or
thereto, whether or not such personal property becomes
a part of the realty by virtue of installation (government
contracting).
(8) "Sale at retail" or "retail sale" shall also include
the sale of or charge made for an extended warranty to a
consumer. For purposes of this subsection, "extended
warranty" means an agreement for a specified duration
to perform the replacement or repair of tangible personal
property at no additional charge or a reduced charge for
tangible personal property, labor, or both, or to provide
indemnification for the replacement or repair of tangible
personal property, based on the occurrence of specified
events. The term "extended warranty" does not include
an agreement, otherwise meeting the definition of
extended warranty in this subsection, if no separate
charge is made for the agreement and the value of the
agreement is included in the sales price of the tangible
personal property covered by the agreement.
(9) "Sale at retail" or "retail sale" shall not include
the sale of services or charges made for the clearing of
land and the moving of earth of or for the United States,
any instrumentality thereof, or a county or city housing
authority. Nor shall the term include the sale of services
or charges made for cleaning up for the United States, or
its instrumentalities, radioactive waste and other by-
products of weapons production and nuclear research
and development. (This is reported under the service or
other classification.)
(10)"Sale at retail" or "retail sale" shall not include
the sale of or charge made for labor and services ren-
dered for environmental remedial action. (This is
reported under the service and other classification.)
(11)"Sale at retail" or "retail sale" shall also include
the following sales to consumers of digital goods, digital
codes, and digital automated services:
(a) Sales in which the seller has granted the
purchaser the right of permanent use;
(b) Sales in which the seller has granted the
purchaser a right of use that is less than permanent;
(c) Sales in which the purchaser is not obli-
gated to make continued payment as a condition of the
sale; and
(d) Sales in which the purchaser is obligated
to make continued payment as a condition of the sale.
A retail sale of digital goods, digital codes, or digi-
tal automated services under this subsection, subsection
(11), includes any services provided by the seller exclu-
sively in connection with the digital goods, digital
codes, or digital automated services, whether or not a
separate charge is made for such services.
For purposes of this subsection (11), "permanent"
means perpetual or for an indefinite or unspecified
length of time. A right of permanent use is presumed to
have been granted unless the agreement between the
seller and the purchaser specifies or the circumstances
surrounding the transaction suggest or indicate that the
right to use terminates on the occurrence of a condition
subsequent.
(12)"Sale at retail" or "retail sale" shall also include
the installing, repairing, altering, or improving of digital
goods for consumers.
"Sale at wholesale" or "wholesale sale" means any
sale of tangible personal property, digital goods, digital
codes, digital automated services, prewritten computer
software, or the services described in subsection (5)(b)
of this definition which is not a retail sale, and any
charge made for labor and services rendered for persons
who are not consumers, in respect to real or personal
property, if such charge is expressly defined as a retail
sale when rendered to or for consumers. "Sale at whole-
sale" also includes the sale of telephone business to
another communications company as defined in RCW
80.04.010 for the purpose of resale, as contemplated by
RCW 35.21.715.
"Services" means any business activity other than or in
addition to those defined in this section.
"Software," "canned software," "custom software,"
"customization of canned software," "master cop-
ies," "retained rights."
(1) "Canned software" means software that is cre-
ated for sale to more than one (1) person. For purposes
of this chapter, canned software is deemed to be tangible
personal property regardless of the method of delivery:
tangible media (e.g., disk or installed on hardware) or
intangible (e.g., electronically over communications
paths).
(Revised 7/16)3.48-10
(2) "Custom software" means software created for
a single person.
(3) "Customization of canned software" means
any alteration, modification, or development of applica-
tions using or incorporating canned software to specific
individualized requirements of a single person. Custom-
ization of canned software includes individualized con-
figuration of software to work with other software and
computer hardware but does not include routine instal-
lation. Customization of canned software does not
change the underlying character or taxability of the orig-
inal canned software.
(4) "Master copies" of software means copies of
software from which a software developer, author,
inventor, publisher, licensor, sublicensor, or distributor
makes copies for sale or license. The software encoded
on a master copy and the media upon which the software
resides are both ingredients of the master copy.
(5) "Retained rights" means any and all rights,
including intellectual property rights such as those
rights arising from copyrights, patents, and trade secret
laws, that are owned or are held under contract or
license by a software developer, author, inventor, pub-
lisher, licensor, sublicensor, or distributor.
(6) "Software" means any information, program,
or routine, or any set of one (1) or more programs, rou-
tines, or collections of information used, or intended for
use, to convey information that causes one (1) or more
computers or pieces of computer-related peripheral
equipment, or any combination thereof, to perform a
task or set of tasks. "Software" includes the associated
documentation, materials, or ingredients regardless of
the media upon which that documentation is provided,
that describes the code and its use, operation, and main-
tenance and that typically is delivered with the code to
the consumer. All software is classified as either canned
or custom.
"Successor" means any person to whom a taxpayer
quitting, selling out, exchanging, or disposing of a busi-
ness sells or otherwise conveys, directly or indirectly, in
bulk and not in the ordinary course of the taxpayer’s
business, any part of the materials, supplies, merchan-
dise, inventory, fixtures, or equipment of the taxpayer.
Any person obligated to fulfill the terms of a contract
shall be deemed a successor to any contractor defaulting
in the performance of any contract as to which such per-
son is a surety or guarantor.
"Tax year" or "taxable year" means the calendar
year.
"Taxpayer" means any person, as herein defined,
required to have a business license under this chapter or
liable for the collection of any tax or fee under this chap-
ter, or who engages in any business or who performs any
act for which a tax or fee is imposed by this chapter.
"Tuition fee" includes library, laboratory, health ser-
vice and other special fees, and amounts charged for
room and board by an educational institution when the
property or service for which such charges are made is
furnished exclusively to the students or faculty of such
institution. "Educational institution," as used in this sec-
tion, means only those institutions created or generally
accredited as such by the State and includes educational
programs that such educational institution cosponsors
with a nonprofit organization, as defined by the Internal
Revenue Code Section 501(c)(3), as hereafter amended,
if such educational institution grants college credit for
course work successfully completed through the educa-
tional program, or an approved branch campus of a for-
eign degree-granting institution in compliance with
Chapter 28B.90 RCW, and in accordance with RCW
82.04.4332 or defined as a degree-granting institution
under RCW 28B.85.010(3) and accredited by an accred-
iting association recognized by the United States Secre-
tary of Education, and offering to students an
educational program of a general academic nature or
those institutions which are not operated for profit and
which are privately endowed under a deed of trust to
offer instruction in trade, industry, and agriculture, but
not including specialty schools, business colleges, other
trade schools, or similar institutions.
"Value of products."
(1) The value of products, including by-products,
extracted or manufactured, shall be determined by the
gross proceeds derived from the sale thereof whether
such sale is at wholesale or at retail, to which shall be
added all subsidies and bonuses received from the pur-
chaser or from any other person with respect to the
extraction, manufacture, or sale of such products or by-
products by the seller.
(2) Where such products, including by-products,
are extracted or manufactured for commercial or indus-
trial use; and where such products, including by-prod-
ucts, are shipped, transported or transferred out of the
City, or to another person, without prior sale or are sold
under circumstances such that the gross proceeds from
the sale are not indicative of the true value of the subject
matter of the sale; the value shall correspond as nearly
as possible to the gross proceeds from sales in this State
of similar products of like quality and character, and in
similar quantities by other taxpayers, plus the amount of
subsidies or bonuses ordinarily payable by the purchaser
or by any third person with respect to the extraction,
manufacture, or sale of such products. In the absence of
sales of similar products as a guide to value, such value
may be determined upon a cost basis. In such cases,
there shall be included every item of cost attributable to
the particular article or articles extracted or manufac-
tured, including direct and indirect overhead costs. The
Director may prescribe rules for the purpose of ascer-
taining such values.
(3) Notwithstanding subsection (2) of this defini-
tion, the value of a product manufactured or produced
3.50-1 (Revised 7/16)
Chapter 3.50
UTILITY TAXES
Sections:
3.50.010 EXERCISE OF REVENUE
LICENSE POWER.
3.50.020 BUSINESS LICENSE -
REQUIRED.
3.50.030 ADMINISTRATIVE
PROVISIONS.
3.50.040 DEFINITIONS.
3.50.050 PERSONS SUBJECT TO TAX -
AMOUNT.
3.50.060 DEDUCTIONS.
3.50.070 TAX - WHEN DUE.
3.50.080 RULES AND REGULATIONS.
3.50.090 SEVERABILITY.
3.50.010 EXERCISE OF REVENUE
LICENSE POWER.
The provisions of this chapter shall be deemed an
exercise of the power of the City to license and/or tax for
revenue. The provisions of this chapter are subject to
periodic statutory or administrative rule changes or judi-
cial interpretations of the ordinances or rules. The
responsibility rests with the licensee or taxpayer to
reconfirm tax computation procedures and remain in
compliance with the City Code. (Ord. 4895 §2, 2004;
Ord. 4844, Added, 01/03/2003)
3.50.020 BUSINESS LICENSE - REQUIRED.
It is unlawful for any person to engage in business
in the City without having first obtained a business
license pursuant to Chapter 5.02 BMC. (Ord. 4895 §2,
2004; Ord. 4844, Added, 01/03/2003)
3.50.030 ADMINISTRATIVE PROVISIONS.
The provisions contained in Chapter 3.86 BMC
shall be fully applicable to the provisions of this chapter
except as expressly stated to the contrary herein. (Ord.
4895 §2, 2004; Ord. 4844, Added, 01/03/2003)
3.50.040 DEFINITIONS.
For the purposes of this chapter, the definitions con-
tained in Chapter 3.48 BMC shall apply equally to the
provisions of this chapter as applicable unless the term
is defined otherwise in this chapter. In addition, the fol-
lowing definitions will apply:
"Cellular telephone service" is a voice or data tele-
phone/communications system based in whole or sub-
stantial part on wireless radio communications, whether
or not the communications are subject to regulation by
the Washington Utilities and Transportation Commis-
sion (WUTC). This includes cellular mobile service.
Cellular mobile service includes other wireless radio
communications services such as specialized mobile
radio (SMR), personal communications services (PCS),
and any other evolving wireless radio communications
technology which accomplishes the same purpose as
cellular mobile service.
"Competitive telephone service" means the providing
by any person of telephone communications equipment
or apparatus, or service related to that equipment or
apparatus such as a repair and maintenance service, if
the equipment or apparatus is of a type which can be
provided by persons who are not subject to regulation as
telephone companies under RCW Title 80, and for
which a separate charge is made.
"Gross income" means the value proceeding or accru-
ing by reason of the business activity engaged in and
operations incidental thereto, and includes gross pro-
ceeds of sales, compensation for the rendition of ser-
vices and other emoluments, but without any deduction
on account of the cost of the commodity furnished or
sold, the cost of materials used, labor costs, interest, dis-
count, delivery costs, taxes, or any other expense what-
soever paid or accrued and without any deduction on
account of losses.
"Gross income from timber sales" means "stumpage
value of timber" as defined in Chapter 84.33 RCW
minus the costs of production including, but not limited
to, logging and trucking costs, fees and excise taxes.
"Page service" means service provided by means of an
electronic device that has the ability to send or receive
voice or digital messages transmitted through the local
telephone network, via satellite or any other form of
voice or data transmission.
"Reporting period" means a one (1) month period
beginning the first day of each calendar month
(monthly).
"Solid waste collection service" means receiving solid
waste from any facility or location within the City for
transfer, processing, treatment, storage, or disposal,
including, but not limited to, all collection services, pub-
lic or private dumps or landfills, transfer stations, and
other similar operations.
"Solid waste," for purposes of this chapter, means gar-
bage, trash, rubbish, or other material discarded as
worthless or not economically viable for further use,
infectious, hazardous, or toxic wastes, and recyclable or
reusable materials collected, in whole or part, for recy-
cling or salvage.
"Telephone business" means the providing by any per-
son of access to a local telephone network, local tele-
phone network switching service, toll service, cellular
or mobile telephone service, coin telephone service,
page service, or the providing of telephonic, video, data,
or similar communication, or transmission for hire, via
a local telephone network, toll line or channel, cable,
(Revised 7/16)3.50-2
microwave, or similar communications or transmission
system. The term includes cooperative or farmer line
telephone companies or associations operating
exchanges. The term also includes the provision of
transmission to and from the site of an internet provider
via a local telephone network, toll line or channel, cable,
microwave, or similar communicationsor transmission
system. "Telephone business" does not include the pro-
viding of competitive telephone service, or providing of
cable television service, or other providing of broadcast
services by radio or television stations. (Ord. 4895 §2,
2004; Ord. 4844, Added, 01/03/2003)
3.50.050 PERSONS SUBJECT TO TAX -
AMOUNT.
In addition to other taxes or fees that may be
imposed or levied by the City, there is hereby levied
upon all persons (including the City) engaging in busi-
ness within the City a fee or tax to be collected as fol-
lows:
(a) Gas. Upon every person engaging in the busi-
ness of transmitting, distributing or the selling of manu-
factured or natural gas, a fee or tax equal to six (6)
percent of the total gross income from such business
conducted within the City.
(b) Water. Upon every person engaging in the
business of providing water utility service, a fee or tax
equal to fifteen and one-half (15.5) percent of the total
gross income from such business conducted within the
City. The total gross income from the business of pro-
viding water utility service includes the "gross income
from timber sales" of the utility as that term is defined in
this chapter.
(c) Wastewater. Upon every person engaging in
the business of providing wastewater utility service, a
fee or tax equal to twenty (20) percent of the total gross
income from such business conducted within the City.
(d) Stormwater. Upon every person engaging in
the business of providing stormwater utility service, a
fee or tax equal to twenty (20) percent of the total gross
income from such business conducted within the City.
(e) Cable. Upon every person engaging in the
business of transmitting television signals by means of a
cable distribution system commonly known as televi-
sion cable service, a fee or tax equal to seven (7) percent
of the total gross income from such business conducted
within the City.
(f) Solid Waste. Upon every person engaging in
the business of providing solid waste collection service,
a fee or tax equal to nine and one-half (9.5) percent of
the total gross income from such business conducted
within the City.
(g) Electricity. Upon every person engaging in the
business of producing, transmitting, distributing or sell-
ing electricity, a fee or tax equal to six (6) percent of the
total gross income from such business conducted within
the City.
(h) Telephone. Upon every person engaged in car-
rying on a telephone business for hire or for sale of a
commodity or a service within or partly within the cor-
porate limits of the City, a tax for the privilege of so
doing business equal to six (6) percent of the total gross
income rendered within the City.
(1) Deductions. In computing the telephone
tax, there shall be deducted from the gross operating
revenues the following items:
(i) Amounts derived from transactions in
interstate or foreign commerce or from any business
which the City is prohibited from taxing under the Con-
stitutions of the United States or the State of Washing-
ton.
(ii) Amounts derived from that portion of
network telephone service, as defined in RCW
82.04.065, which represents charges to another commu-
nications company, as defined in RCW 80.04.010, for
connecting fees, switching charges or carrier access
charges relating to intrastate toll telephone services, or
for access to, or charges for, interstate services or
charges for network telephone service that is purchased
for the purpose of resale.
(iii) Adjustments made to a billing or to a
customer account or to a communications company
accrual account in order to reverse a billing or charge
that had been made as a result of third-party fraud or
other crime and was not properly a debt of a customer.
(iv) A complete deduction from gross
income shall be allowed for credit losses, only to cellu-
lar telephone service companies which keep their regu-
lar books of account on an accrual basis, for cash
discounts and credit losses actually sustained by a tax-
payer as a result of telephone service business.
(2) Allocation of Income - Cellular Telephone
Service.
(i) Service Address. Payments by a cus-
tomer for the telephone service from telephones without
a fixed location shall be allocated among taxing jurisdic-
tions to the location of the customer’s principal service
address during the period for which the tax applies.
(ii) Roaming Phones. When the service is
provided while a subscriber is roaming outside the sub-
scriber’s normal cellular network area, the gross income
shall be assigned consistent with the taxpayer’s account-
ing system to the location of the originating cell site of
the call, or to the location of the main cellular switching
office that switched the call. (Ord. 5289 §2, 2015: Ord.
5170 §1, 2011: Ord. 5096 §1, 2009: Ord. 5078 §1, 2009:
Ord. 5065 §1, 2008: Ord. 4988 §4, 2006; Ord. 4918 §1,
2004; Ord. 4895 §2, 2004; Ord. 4882 §1, 2003; Ord.
4844, Added, 01/03/2003)
3.78-1 (Revised 7/16)
Chapter 3.78
MULTIFAMILY PROPERTY TAX EXEMPTION
Sections:
3.78.010 PURPOSE.
3.78.020 DEFINITIONS.
3.78.030 APPLICABILITY.
3.78.040 TERMS OF THE TAX
EXEMPTION.
3.78.050 PROJECT ELIGIBILITY.
3.78.060 APPLICATION PROCEDURE.
3.78.070 APPLICATION FOR
CONDITIONAL CERTIFICATE.
3.78.080 EXTENSION OF
CONDITIONAL CERTIFICATE.
3.78.090 APPLICATION FOR FINAL
CERTIFICATE.
3.78.100 ISSUANCE OF FINAL
CERTIFICATE.
3.78.110 ANNUAL COMPLIANCE
REVIEW.
3.78.120 CANCELLATION OF TAX
EXEMPTION.
3.78.130 CONFLICT OF PROVISIONS.
3.78.010 PURPOSE.
As provided for in Chapter 84.14 RCW, the pur-
pose of this chapter is to provide limited exemptions
from ad valorem property taxation for multifamily hous-
ing in designated residential targeted areas to:
(a) Encourage increased residential opportunities,
including affordable housing units, within areas of the
City designated by the City Council as residential tar-
geted areas; and/or
(b) Stimulate new construction or rehabilitation of
existing vacant and underutilized buildings for multi-
family housing in designated residential targeted areas
to increase and improve housing opportunities, includ-
ing affordable housing; and
(c) Assist in directing future population growth to
designated residential targeted areas, thereby reducing
development pressure on single-family residential
neighborhoods; and
(d) Achieve development densities which are
more conducive to transit use in designated residential
targeted areas. (Ord. 5036 §1 (part), 2007: Ord. 4968 §1
(part), 2006)
3.78.020 DEFINITIONS.
When used in this chapter, the following terms shall
have the following meanings, unless the context indi-
cates otherwise:
(a) "Affordable housing" means residential hous-
ing that is rented by a person or household whose
monthly housing costs, including utilities other than
telephone, do not exceed thirty (30) percent of the
household’s monthly income. For the purposes of hous-
ing intended for owner occupancy, "affordable housing"
means residential housing that is within the means of
low- or moderate-income households.
(b) "Building codes" means the City and state
building and fire codes as set forth in Chapters 17.04,
18.02 and 18.03 BMC.
(c) "City" means the City of Bremerton.
(d) "Department" means the City Department of
Community Development.
(e) "Director" means the Director of the Depart-
ment of Community Development, or designee.
(f) "High-cost area" means a county where the
third quarter median house price for the previous year as
reported by the Washington Center for Real Estate
Research at Washington State University is equal to or
greater than one hundred thirty (130) percent of the
statewide median house price published during the same
time period.
(g) "Household" means a single person, family, or
unrelated persons living together.
(h) "Low-income household" means a single per-
son, family, or unrelated persons living together whose
adjusted income is at or below eighty (80) percent of the
median family income adjusted for family size, for the
county where the project is located, as reported by the
United States Department of Housing and Urban Devel-
opment. For cities located in high-cost areas, "low-
income household" means a household that has an
income at or below one hundred (100) percent of the
median family income, adjusted for family size, for the
county where the project is located.
(i) "Moderate-income household" means a single
person, family, or unrelated persons living together
whose adjusted income is more than eighty (80) percent
but is at or below one hundred fifteen (115) percent of
the median family income adjusted for family size, for
the county where the project is located, as reported by
the United States Department of Housing and Urban
Development. For cities located in high-cost areas,
"moderate-income household" means a household that
has an income that is more than one hundred (100) per-
cent, but at or below one hundred fifty (150) percent, of
the median family income adjusted for family size, for
the county where the project is located.
(j) "Multifamily housing" means a building hav-
ing ten (10) or more dwelling units not designed or used
as transient accommodations and not including hotels
and motels. Multifamily units may result from new con-
struction or rehabilitated or conversion of vacant,
underutilized, or substandard buildings to multifamily
housing.
(Revised 7/16)3.78-2
(k) "Multifamily property tax exemption" means
an exemption from ad valorem property taxation for
multifamily housing.
(l) "Owner" means the property owner of record.
(m) "Permanent residential occupancy" means
multiunit housing that provides either rental or owner
occupancy on a nontransient basis. This includes owner-
occupied or rental accommodation that is leased for a
period of at least one (1) month. This excludes hotels
and motels that predominantly offer rental accommoda-
tion on a daily or weekly basis.
(n) "Rehabilitation improvements" means modifi-
cations to existing structures that are vacant for twelve
(12) months or longer that are made to achieve a condi-
tion of substantial compliance with existing building,
fire, and zoning codes, or modification to existing occu-
pied structures which increase the number of multifam-
ily housing units.
(o) "Residential targeted area," also "residential
target area," means the geographic area located within
the areas set forth in Figures 3.78(a) through 3.78(g).
(p) "Substantial compliance" means compliance
with all local building, fire and zoning code require-
ments, which are typically required for rehabilitation as
opposed to new construction. (Ord. 5302 §4, 2016: Ord.
5036 §1 (part), 2007: Ord. 4968 §1 (part), 2006)
3.78.030 APPLICABILITY.
Multifamily housing projects in designated residen-
tial targeted areas resulting from new construction or
rehabilitation or conversion of vacant, underutilized, or
substandard buildings may be entitled to a limited
exemption from ad valorem property taxation as set
forth in this chapter. (Ord. 5036 §1 (part), 2007: Ord.
4968 §1 (part), 2006)
3.78.040 TERMS OF THE TAX
EXEMPTION.
(a) Duration of Exemption. The value of new
housing construction, conversion, and rehabilitation
improvements qualifying under this chapter is exempt
from ad valorem property taxation, as follows:
(1) For properties for which applications for
certificates of tax exemption eligibility are submitted
under this chapter before July 22, 2007, the value is
exempt for ten (10) successive years beginning January
1st of the year immediately following the calendar year
of issuance of the certificate; and
(2) For properties for which applications for
certificates of tax exemption eligibility are submitted
under this chapter on or after July 22, 2007, the value is
exempt:
(i) For eight (8) successive years begin-
ning January 1st of the year immediately following the
calendar year of issuance of the certificate; or
(ii) For twelve (12) successive years
beginning January 1st of the year immediately follow-
ing the calendar year of issuance of the certificate, if the
property otherwise qualifies for the exemption under
this chapter and meets the conditions in this subsection
(a)(2)(ii). For the property to qualify for the twelve (12)
year exemption under this subsection, the applicant
must commit to renting or selling at least twenty (20)
percent of the multifamily housing units as affordable
housing units to low- and moderate-income households,
and the property must satisfy that commitment and any
additional affordability and income eligibility condi-
tions adopted by the local government under this chap-
ter. In the case of projects intended exclusively for
owner occupancy, the minimum requirement of this
subsection (a)(2)(ii) may be satisfied solely through
housing affordable to moderate-income households.
(b) Limits on Exemption. The exemption does not
apply:
(1) To the value of land or to the value of non-
housing-related improvements not qualifying under this
chapter.
(2) In the case of rehabilitation of existing
buildings, to the value of improvements constructed
prior to submission of the completed application
required under this chapter.
(3) To increases in assessed valuation made
by the Kitsap County Assessor on nonqualifying por-
tions of building or other improvements and value of
land nor to increases made by lawful order of a County
board of equalization, the Department of Revenue, or
Kitsap County, to a class of property throughout the
County or specific area of the County to achieve the uni-
formity of assessment or appraisal required by law.
(c) Conclusion of Exemption. At the conclusion of
the exemption period, the new or rehabilitated housing
cost shall be considered as new construction for the pur-
poses of Chapter 84.55 RCW. (Ord. 5036 §1 (part),
2007: Ord. 4968 §1 (part), 2006)
3.78.050 PROJECT ELIGIBILITY.
A proposed multifamily housing project must meet
the following requirements for consideration for a prop-
erty tax exemption:
(a) Location. The project must be located within a
residential targeted area as defined in BMC 3.78.020
and as set forth in Figures 3.78(a) through 3.78(g).
(b) Tenant Displacement Prohibited. The project
must not displace existing residential tenants of struc-
tures that are proposed for redevelopment. If the prop-
erty proposed to be rehabilitated is not vacant, an
applicant shall provide each existing tenant housing of
comparable size, quality, and price and a reasonable
opportunity to relocate.
3.78-3 (Revised 7/16)
(c) Noncompliance with Building Codes. Existing
dwelling units proposed for rehabilitation must fail to
comply with one or more standards of the applicable
State or City building codes.
(d) Size of Project. The new, converted, or rehabil-
itated multiple-unit housing must provide for a mini-
mum of fifty (50) percent of the space for permanent
residential occupancy. The project, whether new, con-
verted, or rehabilitated multiple-unit housing, must
include at least ten (10) units of multifamily housing
within a residential structure or as part of an urban
development. In the case of existing multifamily hous-
ing that is occupied or which has not been vacant for
twelve (12) months or more, the multifamily housing
project must also provide for a minimum of four (4)
additional multifamily units for a total project of at least
ten (10) units including the four (4) additional units.
Existing multifamily housing that has been vacant for
twelve (12) months or more does not have to provide
additional units.
(e) Proposed Completion Date. New construction
of multifamily housing and rehabilitation improvements
must be completed within three (3) years from the date
of approval of the application.
(f) Compliance with Guidelines and Standards.
The project must be designed to comply with the City’s
Comprehensive Plan, building, housing, and zoning
codes, and any other applicable regulations. The project
must also comply with any other standards and guide-
lines adopted by the City Council for the residential tar-
geted area. (Ord. 5302 §5, 2016: Ord. 5036 §1 (part),
2007: Ord. 4968 §1 (part), 2006)
3.78.060 APPLICATION PROCEDURE.
A property owner who wishes to propose a project
for a tax exemption shall complete the following proce-
dures:
(a) The application provided by the City shall be
filed with the Department along with the required fees
as established pursuant to RCW 84.14.080.
(b) A complete application shall include:
(1) A completed City of Bremerton applica-
tion form setting forth the grounds for the exemption.
(2) Preliminary floor and site plans of the pro-
posed project.
(3) A statement acknowledging the potential
tax liability when the project ceases to be eligible under
this chapter.
(4) An affidavit stating the occupancy record
of the property for a period of twelve (12) months prior
to filing the application.
(5) Verification by oath or affirmation of the
information submitted.
(6) For rehabilitation projects, the applicant
shall provide a report prepared by a registered architect
identifying property noncompliance with the building
codes. This report shall identify specific code violations
and must include supporting data that satisfactorily
explains and proves the presence of a violation. Sup-
porting data must include a narrative and such graphic
materials as needed to support this application. Graphic
materials may include, but are not limited to, building
plans, building details, and photographs. (Ord. 5036 §1
(part), 2007: Ord. 4968 §1 (part), 2006)
3.78.070 APPLICATION FOR
CONDITIONAL CERTIFICATE.
The Director may certify as eligible an application
which is determined to comply with the requirements of
this chapter. A decision to approve or deny an applica-
tion shall be made within ninety (90) calendar days of
receipt of a complete application.
(a) Application. The Director may approve the
application if he/she finds that:
(1) A minimum of ten (10) new units are
being constructed or in the case of occupied rehabilita-
tion or conversion within twelve (12) months of occu-
pancy, a minimum of four (4) additional multifamily
units for a total project of at least ten (10) units including
the four (4) additional multifamily units are being devel-
oped.
(2) The proposed project is or will be, at the
time of completion, in conformance with all applicable
local plans and regulations.
(3) The owner has complied with all standards
and guidelines adopted by the City under this chapter.
(4) The site is located in the residential tar-
geted area.
(5) If applicable, the proposed multiunit hous-
ing project meets the affordable housing requirements
as described in BMC 3.78.040.
(b) Approval of Application. If an application is
approved, the applicant shall enter into a contract with
the City, regarding the terms and conditions of imple-
mentation of the project, and the Director shall issue a
conditional certificate of acceptance of tax exemption.
The conditional certificate shall expire three (3) years
from the date of approval unless an extension is granted
as provided in this chapter.
(c) Denial of Application. If an application is
denied, the Director shall state in writing the reasons for
denial and shall send notice to the applicant at the appli-
cant’s last known address within ten (10) calendar days
of the denial.
(d) Appeal. Per RCW 84.14.070, an applicant may
appeal a denial to the City Council within thirty (30) cal-
endar days of receipt of the denial by filing a complete
appeal application and fee with the Director. The appeal
before the City Council will be based on the record
made before the Director. The Director’s decision will
(Revised 7/16)3.78-4
be upheld unless the applicant can show that there is no
substantial evidence on the record to support the Direc-
tor’s decision. The City Council’s decision on appeal
will be final. (Ord. 5036 §1 (part), 2007: Ord. 4968 §1
(part), 2006)
3.78.080 EXTENSION OF CONDITIONAL
CERTIFICATE.
(a) Extension. The conditional certificate and time
for completion of the project may be extended by the
Director for a period not to exceed a total of twenty-four
(24) consecutive months. To obtain an extension, the
applicant must submit a written request with a fee stat-
ing the grounds for the extension. An extension may be
granted if the Director determines that:
(1) The anticipated failure to complete con-
struction or rehabilitation within the required time
period is due to circumstances beyond the control of the
owner;
(2) The owner has been acting and could rea-
sonably be expected to continue to act in good faith and
with due diligence; and
(3) All the conditions of the original contract
between the applicant and the City will be satisfied upon
completion of the project.
(b) Denial of Extension. If an extension is denied,
the Director shall state in writing the reason for denial
and shall send notice to the applicant’s last known
address within ten (10) calendar days of the denial.
(c) Appeal. Pursuant to RCW 84.14.090(6), an
applicant may appeal the denial of an extension to the
Hearing Examiner pursuant to Chapter 2.13 BMC
within fourteen (14) calendar days of receipt of the
denial by filing a complete appeal application and fee
with the Director. The appeal before the Hearing Exam-
iner shall be processed as a Type I Director decision pur-
suant to Chapter 20.02 BMC. No appeal to the City
Council is provided from the Hearing Examiner’s deci-
sion. The applicant may appeal the Hearing Examiner’s
decision to the Kitsap County Superior Court, under
RCW 34.05.510 through 34.05.598, if the appeal is filed
within thirty (30) calendar days of receiving notice of
that decision. (Ord. 5036 §1 (part), 2007: Ord. 4968 §1
(part), 2006)
3.78.090 APPLICATION FOR FINAL
CERTIFICATE.
Upon completion of the improvements agreed upon
in the contract between the applicant and the City and
upon issuance of a certificate of occupancy, the appli-
cant may request a final certificate of tax exemption by
filing with the Director the following:
(a) A statement of expenditures made with respect
to each multifamily housing unit and the total expendi-
tures made with respect to the entire property;
(b) A description of the completed work and a
statement of qualification for the exemption;
(c) A statement that the work was completed
within the required three (3) year period or any autho-
rized extension; and
(d) If applicable, that the project meets the afford-
able housing requirements as described in RCW
84.14.020. (Ord. 5036 §1 (part), 2007: Ord. 4968 §1
(part), 2006)
3.78.100 ISSUANCE OF FINAL
CERTIFICATE.
Within thirty (30) calendar days of receipt of all
materials required for a final certificate, the Director
shall determine whether the specific improvements sat-
isfy the requirements of the contract, application, and
this chapter.
(a) Granting of Final Certificate. If the Director
determines that the project has been completed in accor-
dance with this chapter and the contract between the
applicant and the City, and has been completed within
the authorized time period, the City shall, within ten
(10) calendar days of the expiration of the thirty (30) day
review period above, file a final certificate of tax
exemption with the Kitsap County Assessor.
(b) Denial of Final Certificate. The Director shall
notify the applicant in writing that a final certificate will
not be filed if the Director determines that:
(1) The improvements were not completed
within the authorized time period;
(2) The improvements were not completed in
accordance with the contract between the applicant and
the City; or
(3) The owner’s property is otherwise not
qualified under this chapter.
(c) Appeal. Pursuant to RCW 84.14.090(6), an
applicant may appeal a denial to the Hearing Examiner
pursuant to Chapter 2.13 BMC within fourteen (14) cal-
endar days of issuance of the denial of a final certificate
by filing a complete appeal application and fee with the
Director. The appeal before the Hearing Examiner shall
be processed as a Type I Director decision pursuant to
Chapter 20.02 BMC. No appeal to the City Council is
provided from the Hearing Examiner’s decision. The
applicant may appeal the Hearing Examiner’s decision
to the Kitsap County Superior Court, under RCW
34.05.510 through 34.05.598, if the appeal is filed
within thirty (30) calendar days of receiving notice of
that decision. (Ord. 5036 §1 (part), 2007: Ord. 4968 §1
(part), 2006)
3.78.110 ANNUAL COMPLIANCE REVIEW.
(a) Within thirty (30) calendar days after the first
anniversary of the date of filing the final certificate of
tax exemption and each year for the tax exemption
3.78-7 (Revised 7/16)
(Ord. 5302 §3 (Exh. B) (part), 2016)
(Revised 7/16)3.78-8
(Ord. 5302 §3 (Exh. B) (part), 2016)
3.78-9 (Revised 7/16)
(Ord. 5302 §3 (Exh. B) (part), 2016)
(Revised 7/16)3.78-10
(Ord. 5302 §3 (Exh. B) (part), 2016)
3.78-11 (Revised 7/16)
(Ord. 5302 §3 (Exh. B) (part), 2016)
(Revised 7/16)3.78-12
(Ord. 5302 §3 (Exh. B) (part), 2016)
3.78-13 (Revised 7/16)
(Ord. 5302 §3 (Exh. B) (part), 2016)
5.12-1 (Revised 7/16)
Chapter 5.12
TAXICABS
Sections:
5.12.010 DEFINITIONS.
5.12.020 PURPOSE.
5.12.030 DUTIES OF POLICE CHIEF.
5.12.040 CERTIFICATES REQUIRED,
TERM AND RENEWAL.
5.12.050 TAXICAB BUSINESS
CERTIFICATE -
APPLICATION.
5.12.060 OWNER RESPONSIBILITIES -
OPERATIONS AND
NOTIFICATION.
5.12.070 VEHICLE MAINTENANCE -
INSPECTION.
5.12.080 VEHICLE DECAL - FEE.
5.12.090 NAME OF OWNER DISPLAYED
ON VEHICLE.
5.12.100 ISSUANCE OF TAXICAB
BUSINESS CERTIFICATE.
5.12.110 TAXICAB DRIVER’S
CERTIFICATE -
APPLICATION.
5.12.120 ISSUANCE OF TAXICAB
DRIVER’S CERTIFICATE.
5.12.130 DRIVER TO FURNISH
RECEIPT ON DEMAND.
5.12.140 NO SMOKING IN TAXICABS.
5.12.150 CRIMINAL BACKGROUND
CHECKS.
5.12.160 PENALTY.
5.12.170 CERTIFICATES AND
LICENSES - DENIAL,
SUSPENSION, AND
REVOCATION.
5.12.180 ADDITIONAL
ENFORCEMENT.
5.12.190 APPEALS.
5.12.010 DEFINITIONS.
For the purposes of this chapter, words and phrases
used in this chapter mean as follows:
(a) "Certificate holder" means any person as
defined herein required to obtain a taxicab business cer-
tificate or a taxicab driver’s certificate under the provi-
sions of this chapter.
(b) "City" means the City of Bremerton.
(c) "Compensation" means remuneration or any-
thing of economic value that is provided, promised, or
donated primarily in exchange for services rendered.
This includes but is not limited to voluntary donations,
fee-sharing between a taxicab association or transporta-
tion network company and an affiliated driver, or other
similar consideration.
(d) "Driver" means any person, whether agent,
employee, contractor, subcontractor or lessee autho-
rized to operate or physically engage in driving a taxicab
carrying passengers or baggage for hire, whether or not
such person is the owner of or has any financial interest
in the ownership of such vehicle; provided, however,
that the provisions of this chapter shall not apply to driv-
ers of motor vehicles operated by any municipal or pri-
vately owned, licensed nonprofit transit system.
(e) "Operate" or "engage in the business of operat-
ing any taxicab" means the pickup and transportation of
any fare-paying passenger or baggage from a point
within the geographical confines of the City, whether or
not the vehicle is dispatched from within any other
municipal corporation, and whether or not the ultimate
destination or route of travel is within the confines of the
City; provided, that nothing in this chapter shall be con-
strued to apply to taxicabs licensed by any other munic-
ipal corporation and transporting passengers from a
point within the licensing municipality to a destination
outside thereof, whether or not the ultimate destination
or route traveled is within the City.
(f) "Owner" means any person owning a taxicab
and/or a taxicab business who is required to obtain cer-
tificates for taxicabs under the provisions of this chap-
ter. In the case of a business entity, "owner" includes all
officers, directors, shareholders, general partners, lim-
ited partners and managing partners of the entity, all per-
sons vested with authority to manage or direct the affairs
of the legal entity or to bind the legal entity in dealings
with third parties, and all persons who have any owner-
ship interest.
(g) "Person" includes an individual, a corporation,
a partnership, any unincorporated association, or legal
entity. In the case of a business entity, "person" includes
all officers, directors, shareholders, general partners,
limited partners and managing partners of the entity, all
persons vested with authority to manage or direct the
affairs of the legal entity or to bind the legal entity in
dealings with third parties, and all persons who have any
ownership interest.
(h) "Sightseeing vehicle" or "charter bus" means
every motor vehicle held for public hire as a common
carrier, used primarily for sightseeing purposes and gen-
erally over a fixed route for a stipulated consideration
per trip.
(i) "Special service vehicle" means a vehicle
equipped to accommodate and which is used for the
transportation of developmentally disabled persons as
herein defined; the term "developmentally disabled"
means any person who is physically or mentally dis-
abled and who is transported by vehicle in a wheelchair.
(Revised 7/16)5.12-2
(j) "Taxicab," also known as a for-hire vehicle,
means every motor vehicle held for public hire as a com-
mon carrier, usually for transportation of individuals,
subject to call by the public generally or other form of
solicitation; and the fare is based on an amount recorded
and indicated on a taximeter, or on a special fare rate or
contracted agreement, a flat rate or any other compensa-
tion for the transportation of individuals as defined
herein. "Taxicab" includes sightseeing vehicles and spe-
cial service vehicles. "Taxicab" does not include vehi-
cles operated by or through a transportation network
company as defined herein.
(k) "Transportation network company (TNC)"
means a person or entity that provides application dis-
patch services to connect TNC drivers with passengers
for the transport of passengers. "Application dispatch
services" is any technology that allows consumers to
directly request, via the Internet or other means, dis-
patch of for-hire drivers for trips. (Ord. 5296 §1, 2016:
Ord. 5254 §1 (part), 2014)
5.12.020 PURPOSE.
This chapter is an exercise of the City’s power to
certify, control and regulate privately operated taxicab
transportation services within the City. These regulatory
purposes, without limitation, include protection of the
public health, safety and welfare as it relates to taxicab
transportation service within the City. (Ord. 5254 §1
(part), 2014)
5.12.030 DUTIES OF POLICE CHIEF.
(a) The examining of the qualifications of appli-
cants to operate taxicab businesses and applicants to
drive taxicabs, the certifying of taxicab businesses and
taxicab drivers, and the enforcing of the provisions of
this chapter shall be under the supervision of the Chief
of Police (hereafter referred to as "Chief"). All refer-
ences to the "Chief" in this chapter shall include the
Chief of Police and his or her designee.
(b) The Chief is authorized to promulgate rules
and regulations for the operation of taxicabs consistent
with the terms of this chapter.
(c) The Chief shall have authority and discretion
to interpret, administer and enforce the provisions of
this chapter. (Ord. 5254 §1 (part), 2014)
5.12.040 CERTIFICATES REQUIRED,
TERM AND RENEWAL.
(a) Owner. Any owner who engages in the busi-
ness of operating any taxicab in the City must obtain a:
(1) State of Washington for-hire certificate as
required by RCW 46.72.070;
(2) City general business license as required
by Chapter 5.02 BMC; and
(3) Taxicab business certificate as required
pursuant to the provisions of this chapter.
(b) Driver. All taxicab drivers must obtain a taxi-
cab driver’s certificate pursuant to this chapter.
(c) It is unlawful for any owner to allow operation
of its taxicab in the City without having first obtained
the licenses and certificates required by this chapter and
it is unlawful for any driver to operate a taxicab without
having first obtained a taxicab driver’s certificate as
required by this chapter. Issuance or renewal of a gen-
eral business license, taxicab business certificate and/or
taxicab driver’s certificate required by this chapter is
subject to compliance with the provisions of this chap-
ter.
(d) All certificates issued under this chapter shall
expire on December 31st of each year. Certificates must
be renewed by the certificate holder by making applica-
tion therefor with the Chief by December 15th for the
new certificate to be effective by the first of the succeed-
ing year. Certificate renewal is subject to the Chief’s
review in the same manner as the original application.
(e) The provisions of this chapter shall not apply to
motor vehicles operated by any municipal or privately
owned, licensed nonprofit transit system. (Ord. 5254 §1
(part), 2014)
5.12.050 TAXICAB BUSINESS
CERTIFICATE - APPLICATION.
(a) Applications. Applications for taxicab busi-
ness certificates shall be made by the owner thereof
upon forms to be furnished by the Chief.
(b) For-Hire Certificate. Applicants must provide
proof of any applicable valid state for-hire certificate or
license.
(c) Taxicab Business Certificate. The applications
shall contain:
(1) The full name and address of the owner;
(2) The type of each vehicle and each vehi-
cle’s passenger-carrying capacity;
(3) The vehicle registration with the proper
"cab" or "for-hire" endorsement;
(4) Certificate of insurance pursuant to sub-
section (d) of this section;
(5) Authorization for the Chief to review the
applicant’s driving record and criminal history pursuant
to BMC 5.12.150; and
(6) Any other information deemed necessary
by the Chief.
(d) Insurance. Applicants shall submit a certificate
of insurance to the City at the time of application with
the following requirements:
(1) Insurance coverage must comply with
Chapter 46.72 RCW as now or hereafter amended. In
addition, in the event the applicant leases its for-hire
vehicles, the applicant shall file proof of insurance cov-
erage of all of applicant’s lessees.
5.12-5 (Revised 7/16)
also be responsible for paying a fee for each fingerprint-
ing as set forth in Chapter 3.01 BMC.
(b) Upon receipt of the fingerprints and the appro-
priate criminal background check fees, pursuant to
RCW 35.21.920, the Washington State Patrol will com-
pare the applicant’s fingerprints against its criminal
database and submit the fingerprints to the Federal
Bureau of Investigation for a comparison with nation-
wide records. The results will be sent directly to the City
for review. (Ord. 5254 §1 (part), 2014)
5.12.160 PENALTY.
In addition to or as an alternative to any other pen-
alty provided herein, any certificate holder, person, or
business that violates any provision of this chapter is
subject to the following:
(a) Infraction. The following infractions shall be
punishable by a civil penalty of one hundred twenty-five
dollars ($125.00).
(1) Failure to obtain, renew, and/or maintain
any certificates required by this chapter, other than a
Washington State driver’s license.
(2) To operate, or allow to be operated, a taxi-
cab that does not have required insurance.
(3) To operate, or allow to be operated, a taxi-
cab that does not have required vehicle registration with
the proper "cab" or "for-hire" endorsement.
(4) To operate, or allow to be operated, a taxi-
cab that does not have displayed a decal as specified in
BMC 5.12.080.
(5) For a taxicab driver to operate a taxicab
without a valid taxicab driver’s certificate as specified in
this chapter.
(6) Failure to comply with any provision of
this chapter.
(b) Misdemeanor.
(1) Any second or subsequent violation of
subsection (a) of this section within a six (6) month
period shall be a misdemeanor pursuant to BMC
1.12.020(2).
(2) For a driver to operate a taxicab, or an
owner to allow a driver to operate a taxicab, after the
driver’s certificate has been denied, suspended, or
revoked shall be a misdemeanor pursuant to BMC
1.12.020(2).
(3) For an owner to allow operation of its taxi-
cab after a taxicab business owner certificate has been
denied, suspended, or revoked shall be a misdemeanor
pursuant to BMC 1.12.020(2).
(4) Operation of a taxicab by a driver without
a valid Washington State driver’s license, or when the
driver’s Washington State driver’s license is suspended,
shall be a gross misdemeanor pursuant to BMC
1.12.020(1).
(c) Each day for which a violation occurs shall
constitute a separate offense. (Ord. 5254 §1 (part),
2014)
5.12.170 CERTIFICATES AND LICENSES -
DENIAL, SUSPENSION, AND
REVOCATION.
(a) Generally.
(1) Any application for the issuance or
renewal of a taxicab business certificate or a taxicab
driver’s certificate issued under this chapter may be
denied, and any certificate issued under this chapter may
be suspended or revoked based on one (1) or more fail-
ures to comply with the requirements of this chapter or
based on one (1) or more violations of the requirements
of this chapter as well as the provisions set forth below.
(2) The Chief shall have the power and
authority to deny, suspend or revoke any certificate
required under the provisions of this chapter. The Chief
shall notify such applicant or certificate holder in writ-
ing by certified mail or personal service of the denial,
suspension or revocation of his or her certificate appli-
cation or certificate and the grounds therefor. The sus-
pension or revocation of a certificate shall be effective
as set forth in BMC 5.12.190. The denial, suspension or
revocation of a certificate may be appealed pursuant to
BMC 5.12.190.
(3) Failure to comply with the provisions of
this chapter may result in the denial or revocation of a
general business license pursuant to BMC 5.02.180.
(b) Taxicab Business Certificate. A taxicab busi-
ness certificate may be suspended or revoked or an
application denied, in the sole discretion of the Chief, if
the applicant, certificate holder or any of its owners does
any of the following:
(1) Allows any person to drive a taxicab
which is not in safe condition;
(2) Allows a driver to operate owner’s taxicab
when insufficiently covered by insurance under state
law;
(3) Makes any false statement on the applica-
tion or omits information required on the application;
(4) Owns a taxicab that is engaged in business
at any time when its driver does not have a valid taxicab
driver’s certificate;
(5) Owns a taxicab that is engaged in business
at any time when it does not have a proper or valid taxi-
cab vehicle license or registration;
(6) Operates or permits the operation of the
taxicab while the driver is using or in possession of alco-
hol or controlled substances;
(7) Falsifies or omits any record, document or
information required to be kept or submitted to the City
(Revised 7/16)5.12-6
by this chapter, or by rule or regulation prescribed there-
under;
(8) At any time fails to meet the qualifications
for a taxicab business certificate under this chapter, in
the discretion of the Chief;
(9) Violates any of the ordinances of the City
or laws of the state, the violation of which reflects unfa-
vorably on the fitness of the certificate holder to offer
public transportation;
(10)Exhibits or has exhibited past behavior
from which the Chief could reasonably conclude that the
applicant or certificate holder does not possess the skill,
care or judgment necessary to operate a taxicab business
with due regard for the safety of passengers and the pub-
lic at large or does not possess the trust and honesty nec-
essary in operating a taxicab business. In making this
determination, the Chief may consider the following:
(i) Whether the applicant, certificate
holder or any owner has been convicted of violating any
law or ordinance reasonably related to the applicant’s or
certificate holder’s fitness or ability to operate a taxicab
business, such as laws or ordinances pertaining to alco-
hol, controlled substances, prostitution, gambling, phys-
ical violence, fraud, larceny, extortion, theft,
racketeering, or any crime of moral turpitude;
(ii) Any other record and/or reputation as
to the applicant or certificate holder being law-abiding;
(iii) The applicant’s or certificate holder’s
business experience and the nature and kind of occupa-
tion or business in which the applicant or certificate
holder has previously been engaged;
(iv) The manner in which an applicant or
certificate holder has previously conducted business; or
(v) Any other conduct exhibited by the
applicant or certificate holder which would lead the
Chief to reasonably conclude that the applicant, certifi-
cate holder or any owner is dishonest or immoral, or
desires such certificate to enable said person or entity to
engage in a dishonest, unlawful, or immoral act, practice
or enterprise;
(11)Violates any of the provisions of this chap-
ter.
(c) Taxicab Driver’s Certificate. Any driver of a
taxicab may have his or her taxicab driver’s certificate
suspended or revoked or an application denied, in the
sole discretion of the Chief, if the driver:
(1) At any time fails to meet the qualifications
for a taxicab driver under this chapter;
(2) At any time has his or her state motor vehi-
cle driver’s license suspended or revoked during the
time period covered by the certificate;
(3) At any time drives a taxicab without insur-
ance coverage as required under state law;
(4) At any time uses or is found to be in pos-
session or consumption of controlled substances or alco-
hol while in control of or while operating any taxicab;
(5) At any time drives a taxicab without a
valid taxicab driver’s certificate;
(6) Makes any false statement in his or her
application or omits information required on the appli-
cation;
(7) Fails, while operating or in control of a
taxicab, to display identification or a decal with the
information and in the manner and form required in this
chapter;
(8) At any time exhibits conduct which would
lead the Chief to reasonably conclude that the applicant
or certificate holder does not possess the skill, care or
judgment necessary to operate the taxicab with due
regard for the safety, health, or welfare of passengers
and the public at large;
(9) At any time exhibits conduct which would
lead the Chief to reasonably conclude that the applicant
or certificate holder does not possess the trust and hon-
esty necessary in dealing with money and property of
the public;
(10)At any time exhibits conduct which would
lead the Chief to reasonably conclude that the applicant
or certificate holder is immoral or desires such certifi-
cate to enable him to engage in an immoral act, practice
or enterprise;
(11)Exhibits or has exhibited past behavior
from which the Chief could reasonably conclude that the
applicant or certificate holder does not possess the skill,
care or judgment necessary to operate a taxicab with due
regard for the safety of passengers and the public at
large or does not possess the trust and honesty necessary
in operating a taxicab. In making this determination, the
Chief may consider the following:
(i) Whether the applicant or certificate
holder has been convicted of violating any law or ordi-
nance reasonably related to the applicant’s or certificate
holder’s fitness or ability to operate a taxicab, such as
laws or ordinances pertaining to alcohol, controlled sub-
stances, prostitution, gambling, physical violence,
fraud, larceny, extortion, theft, racketeering, or any
crime of moral turpitude;
(ii) Any other record and/or reputation as
to the applicant or certificate holder being law-abiding;
or
(iii) Any other conduct exhibited by the
applicant or certificate holder which would lead the
Chief to reasonably conclude that the applicant or certif-
icate holder is dishonest or immoral, or desires such cer-
tificate to enable said person or entity to engage in a
5.12-7 (Revised 7/16)
dishonest, unlawful, or immoral act, practice or enter-
prise; or
(12)Violates any of the provisions of this chap-
ter. (Ord. 5296 §2, 2016: Ord. 5254 §1 (part), 2014)
5.12.180 ADDITIONAL ENFORCEMENT.
In lieu of or in addition to any enforcement of the
provisions of this chapter, the City Attorney or designee
shall, at his or her discretion, have authority to file an
action in a court of competent jurisdiction to seek
enforcement of this chapter, including, but not limited
to, the cure or abatement of any violation and the assess-
ment and collection of penalties, fees and costs. (Ord.
5254 §1 (part), 2014)
5.12.190 APPEALS.
(a) Any applicant or certificate holder may, within
fourteen (14) calendar days from the date that the denial,
suspension or revocation notice was mailed to the appli-
cant or certificate holder, appeal from such denial, sus-
pension or revocation by filing a written notice of appeal
setting forth the grounds therefor with the Administra-
tive Hearing Examiner pursuant to Chapter 2.13 BMC.
A filing fee as set forth in Chapter 3.01 BMC shall be
submitted with the appeal, which filing fee is required to
process the appeal. The hearing shall be conducted in
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, suspension or
revocation and order issuance or reinstatement of the
certificate, and may impose any terms thereupon.
(b) No suspension or revocation of a certificate
issued pursuant to the provisions of this chapter shall
take effect until fourteen (14) calendar days after service
of the notice thereof by the Chief, and if an appeal is
timely filed, the suspension or revocation shall be stayed
pending final action by the Administrative Hearing
Examiner. All certificates which are suspended or
revoked shall be surrendered to the City on the effective
date of such suspension or revocation.
(c) Notwithstanding subsection (b) of this section,
a suspension or revocation of a certificate shall become
effective immediately when the Chief determines that
such suspension or revocation is in the best interest of
the health, safety and/or welfare of the public.
(d) The decision of the Administrative Hearing
Examiner shall be final. The applicant or certificate
holder and/or the City may seek review of the decision
by the Superior Court of Washington in and for Kitsap
County within twenty-one (21) calendar days from the
date of the decision. If review is sought as herein pre-
scribed, the renewal or revocation shall be stayed pend-
ing final action by the Superior Court.
(e) When revoked, the certificate shall be canceled
and immediately surrendered to the Chief. Upon revoca-
tion of any certificate as provided in this chapter, no por-
tion of the certificate fee shall be refunded to the
certificate holder.
(f) Upon denial or revocation, the person whose
application was denied or certificate denied or revoked
shall not be granted a similar certificate, upon any new
application that may be made, for a period of ninety (90)
calendar days from date of denial or revocation and, fur-
ther, no similar certificate shall be issued until such per-
son cures any defaults that resulted in the denial or
revocation. (Ord. 5296 §3, 2016: Ord. 5254 §1 (part),
2014)
6.32-1 (Revised 7/16)
Chapter 6.32
NOISE LEVELS
Sections:
6.32.010 DEFINITIONS.
6.32.040 ENVIRONMENTAL SOUND -
MAXIMUM PERMISSIBLE
LEVELS.
6.32.050 MEASUREMENT OF SOUND.
6.32.060 POSITION OF
ADMINISTRATOR
ESTABLISHED.
6.32.070 VARIANCE PROCEDURE.
6.32.090 APPEAL TO SUPERIOR
COURT.
6.32.110 PUBLIC DISTURBANCE
NOISES.
6.32.115 BELLS, CHIMES OR
CARILLONS.
6.32.120 VIOLATIONS - CIVIL
PENALTY, CRIMINAL
PENALTY.
6.32.010 DEFINITIONS.
All technical terminology used in this chapter not
defined herein shall be interpreted in conformance with
American National Standards Institute Specifications,
Sections 1.1-1960 and 1.4-1971. For purposes of this
chapter, the words and phrases used herein shall have
the meaning indicated below:
(a) "Administrator" means the Mayor of the City
of Bremerton or his or her designee.
(b) "db(A)" means a sound level, measured in
decibels, using the A frequency-weighing network of a
sound-level meter.
(c) "District" means the land use zones to which
the provisions of this chapter apply. For the purposes of
this chapter, the following noise control districts shall be
established, which include land use zones designated in
the Bremerton zoning ordinance, as follows:
(d) "Emergency work" means:
(1) Work made necessary to restore property
to a safe condition following a public calamity;
(2) Work required to protect persons or prop-
erty from imminent exposure to danger; or
(3) Work by private or public utilities for pro-
viding or restoring immediately necessary utility service.
(e) "Motorcycle" means any motor vehicle having
a saddle for the use of the rider and designed to travel on
not more than three (3) wheels in contact with the
ground, except farm tractors and such vehicles powered
by an engine of less than five (5) horsepower.
(f) "Motor vehicle" means any vehicle which is
self-propelled, used primarily for transporting persons
or property upon public highways, and required to be
licensed under RCW 46.16.010 or a motorized transpor-
tation device as defined in BMC 10.13.010. (Aircraft,
watercraft, and vehicles used on rails or tracks are not
motor vehicles as that term is used herein.)
(g) "Noise" means the intensity, duration and char-
acter of sounds from any and all sources.
(h) "Person" means any individual firm, associa-
tion, partnership, corporation or any other entity, public
or private.
(i) "Police officer" means a duly appointed city,
county or State law enforcement officer.
(j) "Property boundary" means the survey line at
ground surface which separates real property owned,
rented or leased by one or more other persons and its
vertical extension.
(k) "Receiving property" means real property
within which sound originating from sources outside the
property is received.
(l) "Sound level" means a weighted sound pres-
sure level obtained by the use of a sound level meter and
weighted as specified in American National Standards
Institute Specifications, Section 1.4-1971.
(m) "Sound level meter" means a sound-level mea-
suring device, either Type I or Type II, as defined by
American National Standards Institute Specifications,
Section 1.4-1971.
(n) "Weekend" means Saturday and Sunday or any
legal holiday. (Ord. 5301 §9, 2016: Ord. 4977 §2, 2006;
Ord. 4915 §2, 2004; Ord. 4891 §1, 2004; Ord. 4226 §1,
1989; Ord. 3722 §1, 1982)
6.32.040 ENVIRONMENTAL SOUND -
MAXIMUM PERMISSIBLE
LEVELS.
(a) It is unlawful for any person to cause or permit
noise from any source located within the City of
Bremerton to intrude into the property of another which
exceeds the maximum or permissible noise level set
forth below:
Noise Control District Land Use Zones (pursuant
to BMC Title 20)
District I R-10, R-10M, R-20, East
Park Subarea Plan (SAP)
District II NB, BC, DCC, DW, DC,
EC, INST, GC, Bay Vista
SAP, Downtown SAP, Gorst
SAP
District III I, CUL, WS, FC
(Revised 7/16)6.32-2
(b) Between the hours of 10:00 p.m. and 7:00 a.m.
the noise limitations of the foregoing table shall be
reduced by ten (10) dBA for receiving property within
District I.
(c) At any hour of the day or night the applicable
noise limitations in (a) and (b) above may be exceeded
for any receiving property by no more than:
(1) Five (5) dBA for a total of fifteen (15)
minutes in any one (1) hour period; or
(2) Ten (10) dBA for a total of five (5) min-
utes in any one (1) hour period; or
(3) Fifteen (15) dBA for a total of one and
one-half (1.5) minutes in any one (1) hour period.
(d) Exemptions.
(1) The following shall be exempt from the
provisions of subsections (a) and (b) between the hours
of 7:00 a.m. and 10:00 p.m.:
i. Sounds originating from residential
property relating to temporary projects for the mainte-
nance or repair of homes, grounds and appurtenances.
ii. Sounds created by the discharge of
firearms on authorized shooting ranges.
iii. Sounds created by blasting.
iv. Sounds created by aircraft engine
testing and maintenance not related to flight operations;
provided, that aircraft testing and maintenance shall be
conducted at remote sites whenever possible.
v. Sounds created by the installation or
repair of essential utility services.
(2) The following shall be exempt from the
provisions of subsection (b).
i. Noise from electrical substations and
existing stationary equipment used in the conveyance of
water, waste water, and natural gas by a utility.
ii. Noise from existing industrial instal-
lations which exceed the standards contained in these
regulations and which, over the previous three years,
have consistently operated in excess of fifteen (15)
hours per day as a consequence of process necessity
and/or demonstrated routine normal operation. Changes
in working hours, which would affect exemptions under
this regulation, require approval of the State Department
of Ecology.
(3) The following shall be exempt from the
provisions of subsections (a) and (b), except insofar as
such provisions relate to the reception of noise within
District I between the hours of 10:00 p.m. and 7:00 a.m.
i. Sounds originating from temporary
construction sites as a result of construction activity.
ii. Sounds originating from forest har-
vesting and silvicultural activity.
(4) The following shall be exempt from all
provisions of subsections (a) and (b):
i. Sounds created by motor vehicles
when regulated by Chapter 173-62 WAC.
ii. Sounds originating from aircraft in
flight and sounds that originate at airports which are
directly related to flight operations.
iii. Sounds created by surface carriers
engaged in interstate commerce by railroad.
iv. Sounds created by warning devices
not operating continuously for more than five (5) min-
utes, or bells, chimes, and carillons.
v. Sounds created by safety and protec-
tive devices where noise suppression would defeat the
intent of the device or is not economically feasible.
vi. Sounds created by emergency equip-
ment and work necessary in the interests of law enforce-
ment or for health safety or welfare of the community.
vii. Sounds originating from motor vehi-
cle racing events at existing authorized facilities.
viii. Sounds originating from officially
sanctioned parades and other public events.
ix. Sounds emitted from petroleum refin-
ery boilers during start-up of said boilers; provided, that
the start-up operation is performed during daytime
hours whenever possible.
x. Sounds created by watercraft.
xi. Sound created by the discharge of
firearms in the course of hunting.
xii. Sounds created by motor vehicles,
licensed or unlicensed, when operated off public high-
ways except when such sounds are received in District
I. (Ord. 4226 §3, 1989; Ord. 3722 §3, 1982)
6.32.050 MEASUREMENT OF SOUND.
(a) If the measurements of sound are made with a
sound-level meter, it shall be an instrument in good
operating condition meeting the requirements for a Type
I or Type II instrument, as delineated in American
National Standards Institute Specifications (ANSI),
Section 1.4-1971. If the measurements are made with
other instruments, or assemblages of instruments, the
procedure must be carried out in such a manner that the
overall accuracy shall be at least that called for in Sec-
tion 1.4-1971 ANSI for Type II instruments.
(b) When the location, distance or technique for
measurement of sound is impractical or would yield
misleading or inaccurate results, measurements shall be
TABLE I
District of
Sound Source
District Receiving Property Within the
City of Bremerton
IIIIII
I 55 dB(A) 57 dB(A) 60 dB(A)
II 57 dB(A) 60 dB(A) 65 dB(A)
III 60 dB(A) 65 dB(A) 70 dB(A)
7.08-1 (Revised 7/16)
Bremerton Municipal Code 7.08.020
Chapter 7.08
LICENSES AND LICENSING REQUIREMENTS
Sections:
7.08.010 CAT AND DOG LICENSES.
7.08.020 CAT AND DOG LICENSE
PROCEDURE.
7.08.030 COMMERCIAL PET
FACILITIES, GROOMING
PARLORS AND ANIMAL
WELFARE FACILITIES.
7.08.040 UNLAWFUL - VIOLATIONS
AND PENALTIES.
7.08.010 CAT AND DOG LICENSES.
(a) License. All dogs and cats shall be licensed
within thirty (30) calendar days from the date the owner
acquires the animal or takes up residence in the City of
Bremerton.
(b) License Expiration.
(1) Annual licenses shall expire one (1) calen-
dar year from the date of issuance.
(2) Lifetime or permanent licenses shall
expire upon death of the cat or dog, or upon change of
ownership of the animal.
(c) Cat and Dog License Fee. License fees are as
set forth in Chapter 3.01 BMC.
(d) Additional License Fee. Annual licenses not
renewed by the designated renewal date shall be
assessed an additional license fee as set forth in Chapter
3.01 BMC; provided, there shall be no additional license
fee where:
(1) The applicant has owned the cat or dog for
less than thirty (30) calendar days; or
(2) The applicant has resided in the City for
less than thirty (30) calendar days; or
(3) At the discretion of the City Clerk,
amnesty may be granted to all residents for an
announced period of time not to exceed ninety (90) days
in duration, and no more frequently than once per calen-
dar year.
(e) Exemptions from License Fees. The following
are exempt from license fees:
(1) Cats and dogs in the temporary custody of
a veterinarian or animal welfare organization whose
owners are unknown;
(2) Cats and dogs owned, and available for
retail sale, by the owner or operator of a licensed com-
mercial pet facility; or
(3) Service dogs.
(f) Maximum Number of Household Pets. Not
more than the accumulative total of four (4) of the fol-
lowing animals may be kept in conjunction with each
permitted dwelling:
(1) Dogs, cats and ferrets over the age of six
(6) months.
(2) Rabbits and similar animals over the age
of three (3) months.
(3) Pigeons over the age of three (3) months.
(Ord. 5294 §1 (part), 2016: Ord. 5064 §1, 2008: Ord.
4949 §1 (part), 2005: Ord. 4807, Repealed & Replaced,
06/28/2002)
7.08.020 CAT AND DOG LICENSE
PROCEDURE.
(a) Issuance of Licenses. The City Treasurer, ani-
mal control authority, or the authorized agents thereof
shall issue licenses pursuant to BMC 7.08.010, as spec-
ified in this section.
(b) Contents of License. The license shall contain
the following:
(1) Date of issuance and date of expiration, if
applicable;
(2) A serial number;
(3) Type of animal, its name, age, color(s),
sex, breed/mix, distinguishing characteristics, and
whether the animal is spayed or neutered;
(4) The name, address, and telephone number
of the owner of the animal;
(5) Permanent identification number or mark-
ing, such as microchip implant, if applicable.
(c) License Tag.
(1) With each license, the owner shall receive
a license tag that shall contain the serial number that cor-
responds to the serial number on the license and the date
of license expiration.
(2) The license tag shall be worn at all times
except that the license tag need not be worn by the
licensed cat or dog in a sanctioned cat or dog show or
while engaged in formal, recognized training. A micro-
chip implant may replace a license tag; provided, the
license is valid and the owner informs the licensing
agent of change of address or phone number.
(d) Licenses Not Transferable. Licenses are not
transferable from one (1) cat or dog to another or from
one (1) owner to another.
(e) Lost Tags. Lost license tags may be replaced
by a substitute license or tag upon application to the City
Treasurer, the animal control authority, or their autho-
rized agents thereof and payment of a replacement
charge, as set forth in Chapter 3.01 BMC. (Ord. 5294 §1
(part), 2016: Ord. 4949 §1 (part), 2005: Ord. 4807,
Repealed & Replaced, 06/28/2002)
(Revised 7/16)7.08-2
7.08.030
7.08.030 COMMERCIAL PET FACILITIES,
GROOMING PARLORS AND
ANIMAL WELFARE FACILITIES.
(a) License Required. Commercial pet facilities,
grooming parlors, and animal welfare facilities shall be
licensed pursuant to Chapters 3.01 and 5.02 BMC.
(b) Operation requirements for commercial pet
facilities and animal welfare facilities:
(1) Adequate food and water for each species,
pursuant to BMC 7.04.020(a), and proper habitat and
medical attention, if needed, shall be provided during
normal business hours and when the facilities are not
open for business;
(2) Food shall be stored in a fashion that pre-
vents contamination or infestation;
(3) The facilities shall be maintained and
operated in a healthful and sanitary manner, free from
disease, infestation, and foul odors;
(4) Sick animals shall be isolated from
healthy ones in quarters adequately ventilated to prevent
contamination of healthy animals;
(5) Sick or injured animals shall receive
appropriate medical treatment by or under the auspices
of a licensed veterinarian. Records shall be maintained
reflecting treatment, care, dates of veterinary visits, and
the name of the veterinarian and veterinary clinic pro-
viding treatment. Sick or injured animals shall not be
sold, bartered, or otherwise transferred from a commer-
cial pet facility or animal welfare facility to a new owner
until the illness or injury is substantially healed, unless
such transfer is to an animal welfare organization that
assumed all responsibility for providing the appropriate
medical treatment;
(6) Cats and dogs shall receive age-appropri-
ate vaccines and anthelmintics. Records of such shall be
maintained for each animal and made available to the
animal control authority and the Bremerton-Kitsap
County Health District, including the name and address
of the attending veterinarian, if applicable;
(7) A copy of all medical records including,
but not limited to, the records described in subsections
(b)(5) and (6) of this section shall be provided to new
owners at the time the ownership of the animal is trans-
ferred, or to the animal control authority upon request.
(c) Facility and individual housing and habitat
requirements for commercial pet facilities and animal
welfare facilities:
(1) Indoor and outdoor animal housing facili-
ties shall be in good repair, protect the animals from
injury, and shall provide sufficient security to contain
the animals while preventing entry by unwanted ani-
mals. Also, the habitat shall provide species-specific
requirements including, but not limited to, temperature,
humidity, and light.
(2) Indoor facilities shall:
(i) Provide the animal with adequate
space for movement and ability to sit, lie, stand, and
stretch without touching the sides or top of housing;
(ii) Be heated or cooled to protect the ani-
mals from temperatures to which they are not accli-
mated;
(iii) Be adequately ventilated;
(iv) Have interior walls, ceilings, and
floors that are sealed and are resistant to absorption of
moisture or odors;
(v) Have flooring with a surface that can
be sanitized and treated to minimize growth of harmful
bacteria;
(vi) Have a waste collection and removal
system that facilitates cleaning and permits maintaining
the facility in a sanitary condition; and
(vii)Have available a washroom with sink
for hot and cold running water.
(3) Outdoor facilities shall:
(i) Provide adequate shelter and protec-
tion from adverse weather;
(ii) Provide sufficient room for adequate
exercise and movement; and
(iii) When no indoor facility is available,
outdoor facilities shall also:
(iv) Have flooring with a surface that can
be sanitized and treated to minimize growth of harmful
bacteria;
(v) Have a waste collection and removal
system that facilitates cleaning and permits maintaining
the facility in a sanitary condition; and
(vi) Have available a washroom with sink
for hot and cold running water.
(d) Operation and Facility Requirements for
Grooming Parlors. Grooming parlors shall:
(1) Not board animals;
(2) Provide restraining straps for animals to
prevent injury while being groomed;
(3) Sterilize grooming equipment after each
use;
(4) Not leave animals unattended when
placed before a dryer;
(5) Not prescribe or administer treatment or
medicine or otherwise engage in veterinary practice as
defined in RCW 18.92.010;
(6) Not confine more than one (1) animal in
the same cage unless so requested by the owner of the
animals;
(7) Be structurally sound and in good repair,
designed to protect the animals from injury, and provide
sufficient security to contain the animals while prevent-
ing entry by unwanted animals;
(Revised 7/16)
Title 11
STREETS AND RIGHTS-OF-WAY
Chapters:
11.01 GENERAL PROVISIONS FOR
COMMUNICATIONS SYSTEMS
11.02 RIGHT-OF-WAY USE
11.03 SPECIAL RULES APPLICABLE TO
COMMUNICATIONS FACILITIES AND
COMMUNICATIONS SERVICE PROVIDERS
11.04 LOCAL IMPROVEMENT DISTRICTS
11.05 PRIVATE COMMUNICATIONS FACILITIES
11.06 MISCELLANEOUS PROVISIONS FOR
COMMUNICATIONS SYSTEMS
11.08 SIDEWALK AND STREET FRONTAGE
11.12 TRANSPORTATION DEVELOPMENT CODE
11.15 ON STREET PAID PARKING
11.18 ADDRESSING
11.20 VACATION OF PUBLIC RIGHTS-OF-WAY
11.25 ASSUMPTION OF TRANSPORTATION BENEFIT
DISTRICT
11.01-1 (Revised 7/16)
Chapter 11.01
GENERAL PROVISIONS FOR
COMMUNICATIONS SYSTEMS
Sections:
11.01.010 PURPOSE.
11.01.020 POLICY GUIDELINES.
11.01.030 DEFINITIONS.
11.01.040 MASTER PERMIT REQUIRED.
11.01.050 GENERAL CONDITIONS UPON
USE OF PUBLIC RIGHTS-OF-
WAY.
11.01.060 TAXES AND FEES.
11.01.070 PROTECTION OF THE CITY
AND RESIDENTS.
11.01.080 ENFORCEMENT AND
REMEDIES.
11.01.010 PURPOSE.
The purpose of this Title is to:
A. Establish a local policy concerning communi-
cations systems, and private communications systems
for use of the Public Rights-of-Way;
B. Establish a policy that promotes availability of
high-quality and diverse communications services to
City residents, businesses, the City, and other public
institutions; promotes the availability of diverse, multi-
media information resources to the community; pro-
vides for the development of a communications
infrastructure that provides opportunities for more open
government, enhancing educational opportunities
throughout the community, providing public access to
the communications infrastructure, and building a stron-
ger community; while ensuring that the City has the
authority to act to protect the public, safety, and welfare
in the face of a rapidly-changing industry that is placing
increasing demand on public resources;
C. Establish clear and nondiscriminatory local
guidelines, standards and time frames for the exercise of
local authority with respect to the regulation of the use
of Public Rights-of-Way by communications operators,
private communication operators, and resellers, and
their respective facilities and licenses;
D. Promote competition in communications;
E. Minimize unnecessary local regulation of pro-
viders and services;
F. Encourage the provision of advanced and com-
petitive communications, on the widest possible basis to
the businesses, institutions and residents of the City;
G. Permit and manage reasonable access to the
Public Rights-of-Way of the City for communications
purposes on a competitively neutral basis, to the extent
required by law;
H. Conserve the limited physical capacity of the
Public Rights-of-Way held in public trust by the City;
I. Assure that the City’s current and ongoing
costs of granting and regulating private access to and
use of the Public Rights-of-Way are fully paid by the
persons seeking such access and causing such costs;
J. Secure fair and reasonable compensation to the
City and the residents of the City, in a non-discrimina-
tory manner, for permitting private use of the Public
Rights-of-Way;
K. To encourage economic development while
preserving aesthetic and other community values and
preventing proliferation of above ground facilities;
L. Assure that all persons providing communica-
tions services within the City comply with the ordi-
nances, rules and regulations of the City;
M. Ensure the ability of the City to obtain suffi-
cient information from persons subject to its jurisdiction
to enable effective decisions regarding their access to
City rights-of-way and effective management of activity
in the rights-of-way;
N. Assure that the City can continue to fairly and
responsibly protect the public health, safety and wel-
fare;
O. Enable the City to discharge its public trust
consistent with rapidly evolving federal and state regu-
latory policies, industry competition and technological
development; and
P. Reserve to the City and provide for the fullest
exercise possible of the authority and discretion of the
City to require that: (1) facilities are installed and main-
tained within the public rights-of-way in such manner
and at such points so as not to inconvenience the public
use of the public rights-of-way or to adversely affect the
public, safety and welfare; (2) all non-city users of the
rights-of-way shall be required to reimburse and hold
harmless the City for the actual costs incurred by the
City by reason of the construction or presence in the
public rights-of-way of the Facilities of such other users.
(Ord. 4777, Added, 10/25/2001)
11.01.020 POLICY GUIDELINES.
The administration of this Title shall be governed
by the following communications policy guidelines.
A. The City of Bremerton supports efforts to
establish an open, competitive marketplace for commu-
nications services. The City promotes and encourages
competition for voice, data, video, and video program-
ming services that make the latest and best technology
available and keep service prices affordable for all City
residents and businesses. An integral component of this
open marketplace is the consistent application of regula-
tions to all communications providers and the preserva-
tion of local authority over matters of local impact.
B. The following policy guidelines express the
commitment of the City to support communications ser-
(Revised 7/16)11.01-2
vices and to manage its rights-of-way proactively while
balancing the interests and needs of the community:
1. The City will manage access to the Public
Rights-of-Way for communications purposes in a non-
discriminatory, competitively neutral and non-exclusive
way to the extent required under applicable law and, to
the extent allowed under applicable law, to receive fair
compensation. The public interest will be protected by
collecting associated fees, taxes, administrative costs,
and construction costs for use of the rights-of-way.
2. Communications Master Permits will be
managed to preserve the integrity of the City’s infra-
structure, ensure efficient use of City property and
ensure compliance with City ordinances, rules and reg-
ulations.
3. In order to effectively manage and regu-
late the use of public rights-of-way by private entities in
the best interests of the City and its citizens it is neces-
sary for the City to reserve and exercise all legislative,
administrative and discretionary authority it may have
to the full extent allowed or not prohibited by law and
nothing in this Title shall be construed to diminish or in
any way to limit the discretionary, administrative or leg-
islative authority of the City and its officials as respects
the management and use of the City’s public rights-of-
way or in respect to the granting, delaying, or denying
any Master Permit, ROW Permit or License. (Ord. 4777,
Added, 10/25/2001)
11.01.030 DEFINITIONS.
A. "Administrator" means the Master Permit
Administrator or designee.
B. "Affiliate" means a person that (directly or
indirectly) owns or controls, is owned or controlled by,
or is under common ownership or control with, another
person.
C. "Application Fee" means the charge specified
in Section 11.03.020 and designed to recover the City’s
actual costs in processing applications for Master Per-
mits, Use Permits or Licenses, including applications
for transfer thereof.
D. "Cable Television Service" means the one-
way transmission to subscribers of video programming
and other programming service and subscriber interac-
tion, if any, that is required for the selection or use of the
video programming or other programming service.
E. "City" means the City of Bremerton and all
departments, divisions, and agencies thereof.
F. "Communications facility" means a device
which alone or as part of an aggregation of devices is
capable of transmitting signals from place to place.
G. "Communications system" refers to a com-
munications system.
H. "Construction, operation or repair" and sim-
ilar formulations of that term means the named actions
interpreted broadly, encompassing, among other things,
installation, extension, maintenance, replacement of
components, relocation, undergrounding, grading, site
preparation, adjusting, testing, make-ready and excava-
tion.
I. "Generally." For the purposes of this Title, the
following terms, phrases, words, and abbreviations shall
have the meanings given herein, unless otherwise
expressly stated. When not inconsistent with the con-
text, words used in the present tense include the future
tense; words in the plural number include the singular
number; and words in the singular number include the
plural number; and the masculine gender includes the
feminine gender. The words "shall" and "will" are man-
datory, and "may" is permissive. Unless otherwise
expressly stated, words not defined in this Title shall be
construed consistent with Title 47 of the United States
Code, and, if not defined therein, their common and
ordinary meaning. References to governmental entities
(whether persons or entities) refer to those entities or
their successors in authority. If specific provisions of
law referred to herein are renumbered, then the refer-
ence shall be read to refer to the renumbered provision.
References to laws, ordinances or regulations shall be
interpreted broadly to cover government actions, how-
ever nominated, and include laws, ordinances and regu-
lations now in force or hereafter enacted or amended.
J. "Grantee" refers to a Person holding a Master
Permit.
K. "Gross Revenues" means any and all revenue,
of any kind, nature or form, as more particularly defined
under Bremerton Municipal Code Chapter 5.02.
L. "License" refers to the legal authorization, ter-
minable at will to use a particular, discrete, and limited
portion of the public rights-of-way to construct, operate,
or repair a Communications Facility or a Private Com-
munications System. The term License shall not mean
or include.
1. any other permit or authorization required
for the privilege of transacting and carrying on a busi-
ness within the City required by the ordinances and laws
of the City;
2. any permit, agreement, or authorization
required in connection with operations on public streets
or property, including by way of example and not lim-
itation, street cut permits;
3. any permits or agreements for occupying
any other property of the City or private entities to
which access is not specifically granted by the License
including, without limitation, permits and agreements
for placing devices on or in poles, conduits, other struc-
tures, or railroad easements, whether owned by the City
or a private entity; or
11.01-3 (Revised 7/16)
4. the right to place devices in the right of
way, such as pay telephones, for end user use in origi-
nating and terminating transmissions.
M. "Master Permit" refers to the authorization
granted by the City to an Operator of a Communications
System, under this Title giving the Operator the non-
exclusive right to occupy the space, or use facilities
upon, across, beneath, or over any Public Right-of-Way
in the City, to provide a specified service within a Mas-
ter Permit area. Such Master Permit shall not include or
be a substitute for:
1. any other permit or authorization required
for the privilege of transacting and carrying on a busi-
ness within the City required by the ordinances and laws
of the City;
2. any permit, agreement or authorization
required in connection with operations on or in public
streets or property, including by way of example and not
limitation, street cut permits;
3. any permits or agreements for occupying
any other property of the City or private entities to
which access is not specifically granted by the Master
Permit including, without limitation, permits and agree-
ments for placing devices on or in poles, conduits, other
structures, or railroad easements, whether owned by the
City, or a private entity; or
4. the right to place devices in the right-of-
way, such as pay telephones, for end user use in termi-
nating or originating transmissions.
By way of example, and without limiting the fore-
going, this Title shall not be read to diminish or in any
way affect the authority of the City to control the use of
the City’s real estate, fixtures or personal property.
Therefore, any Person who desires to use such property
must obtain additional approvals, or agreements for that
purpose, as may be required by the City.
N. "Master Permit Area" means the area of the
City that a Grantee is authorized to serve by the terms of
its Master Permit or by operation of law.
O. "Operator" when used with reference to a sys-
tem, refers to a Person (1) who provides service over a
Communications System and directly or through one or
more Affiliates owns a significant interest in such facil-
ity; or (2) who otherwise controls or is responsible for,
through any arrangement, the management and opera-
tion of such a facility. A Person that operates under
agreement a Communications System or a specific por-
tion of a Communications System to provide Communi-
cations Services shall be treated as an Operator for
purposes of this Title.
P. "Overhead Facilities" refers to communica-
tions facilities located above the surface of the ground,
including the underground supports and foundations for
such facilities.
Q. "Person" includes any individual, corporation,
partnership, association, Joint Stock Company, trust, or
any other legal entity, but not the City.
R. "Private Communications System" means a
facility placed in whole or in part in the Public Rights-
of-Way for the provision of communications in connec-
tion with a Person’s business, but not encompassing in
any respect the provision of Communications Services.
S. "Private Communications System Owner"
means a Person that owns or leases a Private Communi-
cations System.
T. "Public Rights-of-Way" mean land acquired
or dedicated for public roads and streets which under the
applicable ordinances and laws the City has authority to
grant Master Permits, ROW permits or licenses for use
thereof or has regulatory authority thereover and as may
be more specifically defined in the Master Permit, ROW
permit or license granting any right to or use thereof but
for purposes of this Title does not include (1) state high-
ways, (2) land dedicated for roads, streets and highways
not open and not improved for motor vehicle use by the
public; (3) structures such as, but not limited to, poles
and conduits located within the right-of-way; (4) parks
and open space; and (5) publicly owned shorelines or
harbor areas.
U. "Reseller" refers to any Person who resells a
Communications Service, for which he makes a sepa-
rate charge, provided over a Communications System,
where that Person does not own or lease the underlying
Communications System used for the transmission.
V. "Communications Service" means the trans-
mission for hire of information in electronic or optical
form, including, but not limited to, voice, video, or data,
whether or not the transmission medium is owned by the
provider itself. Communications Service includes tele-
phone service but does not include Cable Service or
over-the-air broadcasts to the public-at-large from facil-
ities licensed by the Federal Communications Commis-
sion or any successor thereto.
W. "Communications System" means a tangible
facility that is used to provide one or more Communica-
tions Services, any portion of which occupies Public
Rights-of-Way. The term Communications System by
way of example, and not limitation, includes wires,
equipment cabinets, guys, conduit, radio transmitting
towers, poles, other supporting structures, and associ-
ated and appurtenant facilities used to transmit commu-
nications signals. The term Communications System
includes all devices mounted on light poles in the Public
Rights-of-Way through which Communications Ser-
vices are originated or terminated.
X. "Title" when used in the context of referring to
this Title of the Bremerton Municipal Code, shall mean
Title 11 of the Bremerton Municipal Code and Chapters
11.01, 11.03, 11.05 and 11.06.
(Revised 7/16)11.01-4
Y. "Underground Facilities" refers to all utilities
and communications and cable facilities located under
the surface of the ground, excluding the underground
foundations or supports for Overhead Facilities.
Z. "Use Permit" means the authorization in what-
ever form whereby a city or town may grant permission
to a service provider to enter and use the specified right-
of-way for the purpose of installing, maintaining, repair-
ing, or removing identified facilities.
AA."Wireless Communications Services Facili-
ties." Wireless communications facilities are those facil-
ities that the City has authorized to be placed in the
public rights-of-way and which are necessary for the
provision of personal wireless services. Personal wire-
less services means commercial mobile services, unli-
censed wireless services, and common carrier wireless
exchange access services as defined by Federal law and
regulations. (Ord. 4777, Added, 10/25/2001)
11.01.040 MASTER PERMIT REQUIRED.
A.Master Permit requirement. An Operator of
a communications facility must obtain a Master Permit
prior to constructing a communications facility or pro-
viding Communications Services. The fact that a partic-
ular Master Permitted Communications Facility may be
used for multiple purposes does not obviate the need to
obtain a Master Permit for other purposes unless appli-
cable federal or state law prohibits the City from requir-
ing such additional Master Permit. No Master Permit
shall become effective without the Grantee signing an
acceptance of the Master Permit.
B.Exceptions. Subject to the requirements of
applicable law, a Master Permit requirement may be
waived in whole or in part for a Communications Sys-
tem where the City determines the use of the Public
Rights-of-Way is de minimus (i.e. uses only a short dis-
tance of street or occupies only a small isolated area of
a specific street). For such facilities, the City may issue
a License. In addition, every Private Communications
System Owner must obtain a License. Every License
shall include or be read to include, as if stated therein, a
reservation of rights by the City to require the Licensee
to obtain a Master Permit if the City determines that the
Licensees use of the public rights of way has increased
substantially and is no longer de minimus use.
C.Additional Exceptions. The City does hereby
request that any Operator now providing communica-
tions service within the City over an existing communi-
cations system within the public rights-of-way of the
City without having a Master Permit from the City
granting and allowing such use at the time this provision
becomes effective apply for a Master Permit from the
City for such use of the public rights-of-way. In the
event such Operator fails to request a Master Permit
within thirty (30) days from the effective date of this
ordinance and such Operator submits evidence satisfac-
tory to the City that it is involved in pending litigation
wherein the Operator claims the Operator has an exist-
ing state-wide grant to occupy the public right-of-way or
the Operator otherwise submits a non-frivolous and doc-
umented claim that it has an existing state-wide grant to
occupy public right-of-way, including streets in the City
of Bremerton, then in such event the requirement for
obtaining a Master Permit for the continued use of pub-
lic right-of-way in Bremerton for existing wireline facil-
ities will be suspended until there is a final judicial
decision resolving the issue or the City by decision of its
City Council determines that the best interests of the
City will be served by terminating the suspension of the
requirement to obtain a Master Permit. The suspension
of any master Permit required hereunder shall not con-
stitute a consent or permission by the City to occupy the
public right-of-way by the Operator for any use, nor
shall it be construed as a waiver of any right of the City
to require the Operator to hereafter at any time to obtain
a Master Permit or to remove any or all of its facilities
in the public right-of-way at any time upon its failure to
obtain a Master Permit. In the event an Operator fails to
obtain a Master Permit as herein requested and the Mas-
ter Permit requirement is suspended as herein provided
then the Operator shall be required to apply for a City
ROW Permit prior to constructing or placing any wire-
line communications facility in the public right-of-way.
D.Nature of grant. Neither a master Permit nor a
License shall convey title, equitable or legal, in the Pub-
lic Rights-of-Way. The right granted is only the right to
occupy those portions of the Public Rights-of-Way to
which the City has the right to grant access, for the pur-
poses and for the period stated in the Master Permit or
License, and, subject to the limitations in this section
and elsewhere in this Title, the right may not be subdi-
vided or subleased. A Master Permit, ROW Permit or
License shall not grant a vested right for any facility to
be located or to remain at any specific location in the
public right-of-way and any right, permission or consent
to occupy any location in the public right-of-way shall
be revocable and terminable at the discretion of the City
and the facility therein removed at the cost of the Oper-
ator in order to allow free and unencumbered use of the
public right-of-way for public work or other public pur-
pose as may be in the best public or municipal interest
as determined by the City.
Every Master Permit shall be:
1. Deemed to include all of the provisions
that are required to be in a Master Permit under this title,
as if fully set forth in the Master Permit.
2. Deemed to provide for forfeiture under the
circumstances set forth in the provisions of this Title and
any Master Permit thereunder; and
3. Construed to exclude the grant of any
rights in any easement granted for or in favor of any city
11.01-5 (Revised 7/16)
or public utility facilities or operations, unless the Mas-
ter Permit or License shall expressly state otherwise.
No reference herein, or in any Master Permit, ROW
Permit or License, to a public Right-of-Way shall be
deemed to be a representation or guarantee by the City
that its interest or other right to control the use of such
property is sufficient to permit its use for such purposes,
and a Master Permit shall be deemed to grant no more
than those rights which the City may have the undis-
puted right and power to give. (Ord. 4777, Added,
10/25/2001)
11.01.050 GENERAL CONDITIONS UPON
USE OF PUBLIC RIGHTS-OF-
WAY.
A.Responsibility for costs. Except as expressly
provided otherwise, any act that a Communications Sys-
tem Operator, its contractors or subcontractors are
required to perform under this Section 11.01.050 shall
be performed at their cost. If a Communications System
Operator fails to perform work that it is required to per-
form within the time provided for performance, the City
may perform the work and bill the Communications
System Operator therefor. The Communications System
Operator shall pay the amounts billed within thirty (30)
days.
B.Construction Procedures and Placement of
Facilities - Obligation to Minimize Interference With
Use of Public Rights-of-Way.
1. The construction, operation, and repair of
communications facilities are subject to the supervision
of all of the authorities of the City that have jurisdiction
in such matters and shall be performed in compliance
with all laws, ordinances, departmental rules and regu-
lations and practices affecting such system. By way of
example, and not limitation, this includes zoning codes
and safety codes and current City standards, including
the most current version of the Standard Specifications
for Road, Bridge and Municipal Construction, as pre-
pared by the Washington State Department of Transpor-
tation (WSDOT) and the Washington State Chapter of
American Public Works Association (APWA); the most
current version of the APWA Amendments to Division
One, and the most current version of the City of Bremer-
ton Amendments thereto. In addition, the construction,
operation, and repair shall be performed in a manner
consistent with high industry standards. Persons
engaged in the construction, operation, or repair or com-
munications facilities shall exercise reasonable care in
the performance of all their activities and shall use com-
monly accepted methods and devices for preventing
failures and accidents that are likely to cause damage,
injury, or nuisance to the public or to property.
2. Construction, operation, or repair of a
communications system shall not commence until all
required permits have been properly filed for and
obtained from the proper City officials and all required
permits and associated fees paid. In any permit so
issued, the City may impose as a condition of the grant-
ing of the permit such conditions and regulations as may
be necessary to the management of the rights-of-way,
including, by way of example and not limitation, for the
purpose of protecting any structures in the Public
Rights-of-Way, for the proper restoration of such Public
Rights-of-Way and structures, and for the protection of
the City and the public and the continuity of pedestrian
and vehicular traffic. A Master Permit, License or ROW
Permit or other applicable provision of the Bremerton
Municipal Code may provide for the conditions under
which certain emergency work may be undertaken prior
to obtaining certain permits where such work is neces-
sary to immediately remedy an emergency situation
involving an imminent danger to health, safety or prop-
erty or to temporarily restore communications system
services which have been disrupted by storms, earth-
quakes, riots or other unexpected accidents or phenom-
enon. Provided, however that the communications
system operator undertaking such emergency work shall
be required (a) to give notice to the City of the com-
mencement of the emergency work as quickly as practi-
cal, (b) to apply for the permits which would otherwise
be required for such work by the next business day from
the commencement of such work; and (c) to conform
any work performed prior to the approval of the required
permit and to carry out any other work in the area
involved in accordance with the requirements of the per-
mit. Sub-contractors are prohibited from liening public
property or any facilities placed in the public right-of-
way.
3. Operators of communications systems
must follow City-established requirements for place-
ment of facilities in Public Rights-of-Way, including the
specific location of facilities in the Public Rights-of-
Way, and must in any event install facilities in a manner
that minimizes interference with the use of the Public
Rights-of-Way by others, including others that may be
installing communications facilities. The City may
require that facilities be installed at a particular time, at
a specific place, or in a particular manner as a condition
of access to a particular right-of-way; may deny access
if an Operator is not willing to comply with the City’s
requirements; and may remove, or require removal of,
any facility that is not installed in compliance with the
requirements established by the City, or which is
installed without prior City approval of the time, place,
or manner of installation and charge the Operator of the
facility for all the costs associated with removal; and
may require a Person using the rights-of-way to cooper-
(Revised 7/16)11.01-6
ate with others to minimize adverse impacts on the
rights-of-way through joint trenching, joint use of facil-
ities and other arrangements.
4. Upon order of the Administrator, all work
which does not comply with the permit, the approved
plans or specifications for the work, or the requirements
of this Title or other applicable law shall be removed.
5. Unless otherwise agreed or provided in a
Master Permit, License or ROW permit a communica-
tions systems operator shall be required to reimburse
and hold harmless the City for any cost or expense rea-
sonably incurred by the City in the planning, construc-
tion, installing, altering, or implementing any public
work as a result of the construction or the presence in the
public right-of-way of the facility of such communica-
tions system operator.
6. No new poles or extenders on poles to
increase capacity shall be allowed in the public rights-
of-way and all new overhead facilities of any nature are
prohibited unless specifically allowed under this chapter
or other applicable provisions of the Bremerton Munic-
ipal Code or applicable City policies, procedures and
current standards.
7. The specific location within the right-of-
way and the method of installing facilities underground
or overhead will be subject to approval by the Public
Works Director/City Engineer. Cutting of pavement in
the public right-of-way shall be prohibited where the
Public Works Director/City Engineer approves locating
underground facilities in the unimproved portions of the
right-of-way or in the sidewalk areas or requires alterna-
tive methods for undergrounding not requiring trench-
ing or the cutting of pavement.
8. Cutting of pavement shall be prohibited in
any event in a newly constructed or reconstructed street
for a period of five (5) years from the paving of such
street or in a street where a trench was previously avail-
able for a period of three (3) years from the date the
trench was available. The City may require as a condi-
tion to the occupancy of the rights-of-way that commu-
nications facilities be located within existing
underground ducts or conduits wherever the capacity
exists. Provided, however, the Public Works Direc-
tor/City Engineer may in his or her discretion permit
pot-holing (subject to conditions to alleviate the harmful
effects) where conduit is to be placed underground by
means of directional boring and the person seeking per-
mission has provided evidence satisfactory to the Public
Works Director/City Engineer that (a) such pot-holing is
necessary to avoid interference with existing utilities;
(b) such pot-holing is the only reasonable alternative
available to locate existing utilities and (c) such pot-hol-
ing will result in little or no visual or other detrimental
impact to the street.
9. Any and all Public Rights-of-Way, public
property, or private property that is disturbed or dam-
aged during the construction, operation, repair or
removal of a Communications Facility shall be
promptly repaired by the Communications System
Operator that disturbed or damaged the Public Rights-
of-Way, public property or private property. Public
property and public right-of-way must be restored to the
satisfaction of the City and to a condition as good or bet-
ter than before the disturbance or damage occurred. A
communications system operator shall continue to
maintain the restored street area, which may consist of
curb, gutter, sidewalk, pavement, or other restored
appurtenances, in a condition as good as or better than
the condition of the adjacent undisturbed area of the
street for the life of the street (to the extent such mainte-
nance or restoration is required, (a) as a result of the
restored street area being defective or otherwise inferior
to the adjacent undisturbed area of the street or (b) as a
result of the presence of the facilities of the communica-
tions system operator), until the restored area is repaved
or reconstructed by a different party, except when such
repaving or reconstruction is a result of enforcement
action by the City for the lack of such maintenance
activity; unless (a) the assessment of the Impact Assess-
ment under this Title provides for an exemption; or (b)
a Master Permit, License or Permit specifically exempts
the communications system operator from such obliga-
tion.
10. No tree trimming shall be performed with-
out the permission of the City and other affected author-
ities, and tree trimming must be performed in strict
accordance with the City Code.
11. Within forty-eight (48) hours after notice
from the City, a Communications System operator shall
remove any graffiti on any part of its Communications
System in the public rights-of-way (including by way of
example and not limitation) equipment cabinets. If the
operator fails to do so, the City may remove the graffiti
and bill the operator for the cost thereof.
C.Relocation and Abandonment of facilities.
1. A Communications System Operator
shall, by a time specified by the City, protect, support,
temporarily disconnect, relocate, or remove any of its
property when required by the City by reason of traffic
conditions; public, safety; public right-of-way construc-
tion; public right-of-way repair (including resurfacing
or widening); change of public right-of-way grade; con-
struction, installation or repair of sewers, drains, water
pipes, power lines, signal lines, tracks, or any other type
of government-owned Communications System, public
11.01-7 (Revised 7/16)
work, public facility or improvement, or any govern-
ment-owned utility; public right-of-way vacation; or for
any other purpose where the work involved would be
aided by the removal or relocation of the Communica-
tions Facility. Collectively, such matters are referred to
below as the "public work".
(a) Except in the case of emergencies, the
City shall provide written notice describing where the
public work is to be performed as soon as practical but
at least thirty (30) days prior to the deadline by which a
Communications System Operator must protect, sup-
port, temporarily disconnect, relocate or remove its
facilities. A Communications System Operator may
seek an extension of the time to perform such tasks
where they cannot be performed in thirty (30) days or by
the completion time specified even with the exercise of
its best efforts, and such request for an extension shall
not be unreasonably refused.
(b) In the event of an emergency, or
where a Communications Facility creates or is contrib-
uting to an imminent danger to health, safety, or prop-
erty, the City may protect, support, temporarily
disconnect, remove, or relocate any or all parts of the
Communications Facility without prior notice, and
charge the Communications System Operator for costs
incurred.
(c) If a Communications System Opera-
tor does not comply with the requirements of this Title
and the applicable Master Permit, License or ROW Per-
mit does not provide otherwise and if not prohibited by
applicable law the City shall have the right to revoke any
right of a Communications System Operator to have its
facilities remain at specific location in the public right-
of-way at any time the City determines that the Facilities
of such communications system operator must be
removed from their present location or from the street in
order to facilitate a public work in the public right-of-
way and upon such revocation of the Master Permit,
License or ROW Permit of the Communications System
Operator as to the affected designated facilities the
Communications System Operator shall remove the
same and restore the street at its cost.
2. If any Person that is authorized to place
facilities in the rights-of-way requests another Commu-
nications System Operator receiving the request to pro-
tect, support, temporarily disconnect, remove, or
relocate its facilities to accommodate the Construction,
Operation, or Repair of the facilities of such other Per-
son, the Communications System Operator shall, after
thirty (30) days’ advance written notice, take action to
effect the necessary changes requested. Unless the mat-
ter is governed by a valid contract or a state or federal
law or regulation, or unless the Communications Facil-
ity that is being requested to move was not properly
installed, the reasonable cost of the same shall be borne
by the Person requesting the protection, support, tempo-
rary disconnection, removal, or relocation and at no
charge to the City, even if the City makes the request for
such action.
3. A Communications System Operator
shall, on the request of any Person holding a valid per-
mit issued by a governmental authority, temporarily
raise or lower its wires to permit the moving of buildings
or other objects. The expense of such temporary
removal or raising or lowering of wires shall be paid by
the Person requesting the same. A Communications
System Operator shall be given not less than seven (7)
days’ advance notice to arrange for such temporary wire
changes.
4. Grantee may abandon and surrender its
Master Permit to the City upon six (6) months written
notice to the Administrator, with copies thereof served
upon the Mayor and City Attorney. Abandonment shall
be subject to acceptance by the City, by a resolution of
acceptance adopted by the City Council. Upon abandon-
ment, non-renewal, revocation or expiration of this
Master Permit, and if no extension is granted, Grantee
may, at the discretion of the Administrator, be required
in part or entirely, to remove all its fiber, wire, poles,
fixtures, and other facilities or equipment installed or
used in the enjoyment of the Master Permit. Alterna-
tively, the Administrator may direct, limit or condition
Grantee’s removal, sale or continued use or abandon-
ment of Grantee’s facilities and equipment, either by
agreement or through means of any other lawful munic-
ipal power or right. The City may continue to invoke
any provision of this Master Permit against Grantee or
any successor entity enjoying de facto Master Permit
privileges after revocation or expiration. The City may
take all other actions deemed necessary and proper by
the City to accommodate the transition to any successor
as may be in the best interests of the City and its resi-
dents.
D.Facility subject to inspection; operator must
provide information. Every Communications Facility
shall be subject to the right of periodic inspection by the
City to determine compliance with the provisions of this
Title, a Master Permit or License agreement, or other
applicable law. The City shall have the right, upon
request, to be notified and present when the Communi-
cations System is inspected by the Operator to deter-
mine compliance with the provisions of this Title; a
Master Permit, License or ROW Permit; or applicable
law where the City has enforcement authority. Each
Operator must respond to requests for information
regarding its system and plans for the system as the City
may from time to time issue, including requests for
(Revised 7/16)11.01-8
information regarding its plans for construction, opera-
tion and repair and the purposes for which the plant is
being constructed, operated, or repaired to the extent
such plant is or will be in the public right-of-way or has
been or will be provided under any Master Permit,
License or ROW Permit granted by or requested from
the City.
E.Underground services alert. Each Operator
of a Communications System that places facilities
underground shall be a member of the regional notifica-
tion center for subsurface installations (Underground
Services Alert) and shall field mark the locations of its
underground communications facilities upon request.
The Operator shall locate its facilities for the City at no
charge. Grantee promises to reasonably cooperate with
City initiatives to coordinate underground fixture loca-
tions and installations. Grantee is familiar with Chapter
19.122 RCW, Washington State’s "Underground Utili-
ties" statute. Grantee certifies it understands local proce-
dures, custom and practice relating to facilities locating,
and will see to it that its contractors or others working in
the right-of-way on Grantee’s behalf are similarly well
informed.
F.Undergrounding of lines. The Grantee recog-
nizes the City’s right to preserve and control of the pub-
lic right-of-way, particularly with respect to policies
regarding the undergrounding of overhead lines for aes-
thetic reasons. Consistent with any general municipal
undergrounding policy or program now or hereafter
developed, the City reserves the right to require
Grantee’s participation in municipally imposed under-
grounding or related requirements as may now or here-
after arise, as a condition of Grantee’s new installation
or major maintenance or restoration construction activi-
ties of overhead facilities under this franchise. Grantee
agrees to coordinate its underground installation and
planning activities with the City’s underground plan and
policies; provided, in no event shall any third party ben-
eficiary rights be implied or created. Nothing in this sec-
tion shall be permitted in conflict with RCW 35.99.060,
and the provisions of this section shall be applied in con-
formity thereto.
G.Plans for and publicizing work.
1. Work shall be publicized as the City may
direct from time to time. The publication of work may
be used to notify the public and operators of other com-
munications systems, of the impending work, in order to
minimize inconvenience and disruption to the public
and to allow joint use by others.
2. Each Communications System owner
shall provide the City a plan for any initial system con-
struction, or for any substantial rebuild, upgrade or
extension of its facility, which shall show its timetable
for construction of each phase of the project, and the
areas of the City that will be affected.
3. Grantee promises to supply and maintain
updated, at no cost, any information requested by the
Administrator to coordinate municipal functions with
Grantee’s activities and fulfill any municipal obliga-
tions under state law. Said information may include an
installation inventory, location of existing or planned
facilities, maps, plans, and as-built drawings of
Grantee’s installations within the City. Said information
may be requested either in hard copy and/or electronic
format compatible with the City’s data base system, as
now or hereafter existing. Grantee shall keep the
Administrator informed of its long-range plans for coor-
dination with the City’s long-range plans.
4. Each Communications Facility Operator
shall maintain accurate maps and improvements plans
which show the location, size, and a general description
of all facilities installed in the Public Rights-of-Way and
any power supply sources (including voltages and con-
nections). Maps shall be based upon post-construction
inspection to verify location. The Operator of each
Communications Facility shall provide a map (on 24" x
36" Mylar) to the City showing the location of its facil-
ities, in such detail and scale as may be directed by the
City Engineer. New system maps shall be promptly sub-
mitted to the City when the facility expands or is relo-
cated. Copies of maps shall be provided on disk, in a
commercially available electronic format specified by
the City Engineer or in such alternate form as approved
by the City Engineer.
5. The Administrator may from time to time,
when the City receives application for a permit to use a
particular route, or upon the Administrator’s own initia-
tive, designate by published order a route or proposed
route for installation of Communications Facilities and
may (1) require all persons who wish to place Under-
ground Facilities along that route or any part thereof to
install them during a specified period and (2) otherwise
prohibit placement of such facilities along the route or
any part thereof for thirty-six (36) months or for such
other, longer period as is necessary to protect the public.
(Ord. 4777, Added, 10/25/2001)
11.01.060 TAXES AND FEES.
A. No franchise fee shall be charged to the
Grantee for its operation of communications facilities in
the right of way, whether as a lessor of the facilities to
third parties or as a direct provider of communications
services. Nothing in this Master Permit shall limit the
City’s power of taxation, as may now or hereafter exist.
B. Consistent with RCW 35.21.860 (1) (b), noth-
ing in this Master Permit shall prohibit the City from
charging a fee to recover the actual administrative
expenses it incurs that are directly related to receiving
and approving a Master Permit, License, and ROW Per-
11.01-8.1 (Revised 7/16)
mit, to inspecting plans and construction, or to the
preparation of a detailed statement pursuant to chapter
43.21C RCW. Upon request of Grantee, the City will
submit proof of any charges or expenses incurred. For
any project or time frame, Grantee can also request a
written estimate from the Administrator, in advance of
costs planned to be expended by the City, and Grantee
may object to any costs as provided hereafter in the case
of a challenged cost billed by the City. Except as other-
wise provided, said fees must be paid within thirty (30)
days of receipt of the City’s billing. Grantee will pay all
other taxes applicable to its operations or activities
within the City of Bremerton, all such obligations also
being a condition of this Master Permit.
C. Grantee shall make any required payments in
the form, intervals and manner requested by the City
Administrator, and furnish him/her any information
related to his/her revenue collection functions reason-
ably requested. In case of audit, the Administrator may
require Grantee to furnish a verified statement of com-
pliance with Grantee’s obligations or in response to any
questions, verified by an officer of the Grantee. All
audits will take place on Grantee’s premises or offices
furnished by Grantee, which shall be a location within
the City of Bremerton. Grantee agrees, upon request of
the City Auditor, to provide copies of all documents
filed with any federal, state, or local regulatory agency,
to be mailed to the City Auditor on the same day as filed,
postage prepaid, affecting any of Grantee’s facilities or
business operations in the State of Washington. (Ord.
4777, Added,
11.01-11 (Revised 7/16)
first having obtained or having in effect a valid Master
Permit, License, or ROW permit as required by this
Title shall be guilty of a misdemeanor and shall be pun-
ished by a fine not exceeding $1,000 or by imprison-
ment not exceeding ninety (90) days or by both such fine
and imprisonment. Each day that any such occupancy or
activity shall continue in violation of this Title shall con-
stitute a separate offense.
D.Revocation, reduction of term, or forfeiture
of Master Permit or License.
1. Licenses shall be revocable at will.
2. This Master Permit may be revoked for
violation of any terms and conditions of the Master Per-
mit or other city ordinances, resolutions or policy
including but not limited to the following.
(a) Construction or operation in the pub-
lic rights-of-way of the City or upon City property in a
manner in violation of this Master Permit;
(b) Construction or operation at an unau-
thorized location in the public rights-of-way of the City
or upon City property;
(c) Misrepresentation by or on behalf of
Grantee in any material respect in any application or
written statements or documents to the City upon which
the City relies in making the decision to grant, review,
or amend this Master Permit.
(d) Abandonment of communications
facilities in the public ways or upon City property;
(e) Failure to relocate or remove facilities
as required by this Ordinance or Master Permit;
(f) Failure to pay taxes, compensation,
fees, or costs when and as due the City under this Ordi-
nance;
(g) Insolvency or bankruptcy of Grantee;
(h) Violation of any material provision of
this Ordinance or Master Permit, which is not timely,
cured upon notice to Grantee by the City.
3. In the event that the City believes that
grounds exist for revocation of the Master Permit,
Grantee shall be given written notice of the apparent
violation or noncompliance, which notice shall provide
the Grantee a reasonable period of time not exceeding
thirty (30) days to furnish evidence:
(a) That corrective action has been, or is
being actively and expeditiously pursued, to remedy the
violation or noncompliance;
(b) That rebuts the alleged violation or
noncompliance; or
(c) That it would be in the public interest
to impose some penalty or sanction less than revocation.
4. In the event that Grantee fails to provide
evidence reasonably satisfactory to the Administrator,
the Administrator shall refer the apparent violation or
non-compliance to the City Council or Hearings Exam-
iner. The City Council or Hearings Examiner shall pro-
vide the Grantee with reasonable notice and a
reasonable opportunity to be heard concerning the mat-
ter.
5. General administration of this Master Per-
mit for the City is through the office of the Administra-
tor. However, the Administrator may delegate his/her
authority and responsibility to other agents of the City.
All questions of application, interpretation, conflict or
ambiguity arising out of or in connection with this Mas-
ter Permit may be determined through communications
with the Administrator, except where otherwise specifi-
cally stated.
6. Grantee may appeal any decision of the
Administrator to the City Council or Hearings Examiner
by filing a written notice of appeal within thirty (30)
days of the date of issuance of the Administrator’s deci-
sion, with copies also sent to the Mayor, Administrator
and City Attorney. The notice of appeal must include a
copy of the Administrator’s decision and a complete
record originally submitted to the Administrator by
Grantee. The Administrator shall submit any additional
response to the City Council or Hearings Examiner
within ten (10) days of receipt of the notice of appeal.
The City Council or Hearings Examiner shall schedule
a hearing within a reasonable period of time but not to
exceed sixty (60) days from filing of the Notice of
Appeal and decide the question submitted. No opportu-
nity to cure is allowed for fraud, which shall be deemed
incurable.
7. Notwithstanding the foregoing, the City
may declare a Master Permit forfeited without opportu-
nity to cure or the notice required by Section 3 where the
Grantee fails to begin to exercise its rights under the
Master Permit within a period specified in the Master
Permit. However, a Grantee shall have the right to
receive thirty (30) days’ prior notice of intent to declare
a Master Permit forfeited, and shall have the opportunity
to show cause why the Master Permit should not be for-
feited.
8. Notwithstanding the foregoing, a Master
Permit or License will automatically terminate by force
of law one hundred twenty (120) calendar days after an
assignment for the benefit of creditors or the appoint-
ment of a receiver or trustee to take over the business of
the Grantee or Licensee, whether in a receivership, reor-
ganization, bankruptcy assignment for the benefit of
creditors, or other action or proceeding. However, the
Master Permit or License may be reinstated within that
120 day period, if: (1) such assignment, receivership or
trusteeship has been vacated; or (2) such assignee,
receiver or trustee has fully complied with the terms and
conditions of this Title and the Master Permit or License
(Revised 7/16)11.01-12
and has executed an agreement, approved by any court
having jurisdiction, assuming and agreeing to be bound
by the terms and conditions of this title and the Master
Permit or License. However, in the event of foreclosure
or other judicial sale of any of the facilities, equipment
or property of a Grantee or Licensee, the City may
revoke the Master Permit or License, following a public
hearing before the City Council, by serving notice upon
the Grantee or Licensee and the successful bidder at the
sale, in which event the Master Permit or License and all
rights and privileges of the Master Permit or License
will be revoked and will terminate thirty (30) calendar
days after serving such notice, unless: (1) the City has
approved the transfer of the Master Permit or License to
the successful bidder; and (2) the successful bidder has
covenanted and agreed with the City to assume and be
bound by the terms and conditions of the Master Permit
or License and this Title.
E.Sale, Lease, Assignment.
1. This Master Permit or License shall not be
sold, leased, assigned, or otherwise alienated without
the express consent of the City, and no rule of estoppel
shall be invoked against the City in case the City shall
assert the invalidity of any attempted transfer in viola-
tion of this section. The City agrees not to withhold con-
sent where Grantee demonstrates that the requested
assignment is in the nature of a change of name or a
change in the nature of a reorganization or merger of or
with an entity controlled by, controlling, or under the
common control of the Grantee, there being no other
change in the resulting entity’s ability to meet its Master
Permit or License obligations.
2. The City reserves the right to invoke any
or all provisions of this Master Permit or License upon
the Grantee’s successors or assigns, judgment creditors,
or distributes of facilities or property used in enjoyment
of privileges conferred herein, whether or not stated
elsewhere, all without waiver of the right to withhold
consent not expressly given of any such transfer and/or
require a new Master permit or License.
3. Grantee will not permit installations by
others in the permitted areas, without written approval
from the Administrator. Such approval shall not be in
lieu of a Master Permit or License or other requirements
of the City. Whether or not permitted, Grantee remains
responsible for all third party users permitted or allowed
by Grantee for compliance with this Master Permit or
License. The intent of this provision is so third parties
who might otherwise desire to use Grantee’s facilities
are also required to comply with City requirements
regarding Master Permit or License, as may apply.
F.Effect of termination or forfeiture. Upon ter-
mination or forfeiture of a License or Master Permit,
whether by action of the City as provided above, or by
passage of time, the Grantee or Licensee shall be obli-
gated to cease using the Communications System for the
purposes authorized by the Master Permit. The City may
either take possession of some or all of the Licensee’s or
Grantee’s facilities in the Public Rights-of-Way or
require the Licensee or Grantee or its bonding company
to remove some or all of the Licensee’s or Grantee’s
facilities from the Public Rights-of-Way and restore the
Public Rights-of-Way to its same, or better, condition.
Should the Grantee or Licensee neglect, refuse, or fail to
remove such facility, the City may remove the facility at
the expense of the Grantee or Licensee. The obligation
of the Licensee or Grantee to remove shall survive the
termination of the Master Permit of License for a period
of two (2) years; provided that, this provision does not
permit the City to take possession of, or require the
Grantee or Licensee to remove, any facilities that are
used to provide another service for which the Grantee
holds a valid Master Permit or License issued by the
City.
G.Remedies cumulative. All remedies under
this Title and any Master Permit or License are cumula-
tive unless otherwise expressly stated. The exercise of
one remedy shall not foreclose use of another, nor shall
the exercise of a remedy or the payment of liquidated
damages or penalties relieve a Communications System
Operator of its obligations to comply with its Master
Permit or License. Remedies may be used singly or in
combination; in addition, the City may exercise any
rights it has at law or equity. Recovery by the City of any
amounts under insurance, the performance bond, the
security fund or letter of credit, or otherwise, does not
limit a Communications System Operator’s duty to
indemnify the City in any way; nor shall such recovery
relieve a Communications System Operator of its obli-
gations under a Master Permit, ROW Permit or License,
limit the amounts owed to the City, or in any respect pre-
vent the City from exercising any other right or remedy
it may have.
H.Compliance with laws. Each Grantee and
Licensee shall comply with all applicable laws hereto-
fore and hereafter adopted or established during the
entire term of its Master Permit, Permit or License.
I.Reservation of authority. The City may do all
things which are necessary and convenient in the exer-
cise of its jurisdiction under this Title.
J.No waiver. The failure of the City to insist on
timely performance or compliance by any Person hold-
ing a License, ROW Permit or Master Permit shall not
constitute a waiver of the City’s right to later insist on
timely performance or compliance by that Person or any
other Person holding such a License, ROW Permit or
Master Permit.
K.Title not a contract. The City expressly
reserves the right to amend this Title and any Master
Permit, ROW Permit or License hereunder from time-
11.01-13 (Revised 7/16)
to-time in the exercise of its lawful powers. The provi-
sions of this Title shall not be construed to create to be a
contract.
L.No waiver. The failure of the City to enforce
any provision of this Title on any occasion shall not
operate as a waiver or estoppel of this right to enforce
any provision of this Title on any other occasion, nor
shall the failure to enforce any prior ordinance, law or
contractual provision affecting communications facili-
ties or Communications System operators act as a
waiver or estoppel against application of this Title or
any other provision of applicable law. (Ord. 4777,
Added, 10/25/2001)
11.03-1 (Revised 7/16)
Chapter 11.03
SPECIAL RULES APPLICABLE TO
COMMUNICATIONS FACILITIES AND
COMMUNICATIONS SERVICE PROVIDERS
Sections:
11.03.010 APPLICATION FOR A MASTER
PERMIT.
11.03.020 COMPENSATION.
11.03.010 APPLICATION FOR A MASTER
PERMIT.
A.Contents of application for initial or
renewal Master Permit. In order to obtain an initial or
renewal Master Permit, an Operator of a communica-
tions system must apply for a master Permit. The appli-
cation must contain the following information, and such
information as the City may from time to time require.
1. Identity of the applicant and corporate
structure.
2. A proposal for construction of a communi-
cations facility that includes at least the following:
(a) a description of the services that are to
be provided using the facility.
(b) the location of proposed facility and
facility design, including a description of the miles of
plant to be installed, and a description of the size of
equipment cabinets, shielding and electronics that will
be installed along the plant route, the power sources that
will be used and a description of the noise, exhaust and
pollutants, if any, that will be generated by the operation
of the same; provided, however, that, if some of the
descriptive data is not available at the time of applica-
tion, the Master Permit may be issued subject to condi-
tions that the data be filed and approved by the City
before construction begins and that the Master Permit
will be deemed to be forfeited if the data is not supplied
and approved; provided further, in the event that Sec-
tions 11.03.010.A.2.(b)-(c) require information that is a
business or trade secret and/or proprietary information
and the Operator wishes to protect the information
against disclosure, then Operator shall provide said
information to City in a separate envelope marked "Pro-
prietary Information: DO NOT DISCLOSE". The City
will exercise good faith efforts to protect the confidenti-
ality of the business or trade secrets or proprietary infor-
mation that is designated as such; provided further, that
(1) in the event a public disclosure request is made for
information marked as proprietary, and if the City Attor-
ney determines that said information may be subject to
being disclosed; or (2) the City determines that the
information should be disclosed in connection with its
enforcement of any provision of this Title, or in the
exercise of its police or regulatory powers; then the City
shall notify the Operator of the Operator’s opportunity
to seek a protective order from a court with appropriate
jurisdiction. In the event that a protective order is not
obtained within thirty (30) days or, if shorter, the time
limitation set forth in State law, then City may disclose
said information. The Operator is obligated to reimburse
and indemnify City for all costs, damages and attorney
fees that may be awarded or assessed by the court for
any actions the City took at the request of Operator.
(c) a map of the general route the facility
will follow; a designation of the portions of the system
that will be placed above ground and the portions that
will be placed underground, and the construction tech-
niques that the Operator proposes to use in installing the
system above ground and underground; a schedule for
construction of the facility describing when and where
construction will begin, how it will proceed, and when
it will be completed; and the expected effect on right-of-
way usage, including information on the ability of the
Public Rights-of-Way to accommodate the proposed
system, including, as appropriate given the system pro-
posed, an estimate of the availability of space in con-
duits and an estimate of the cost of any necessary
rearrangement of existing facilities; provided, however,
that any proprietary information required under this sub-
paragraph as well as the preceding subparagraph shall
be subject to the non-disclosure procedure prescribed in
the proviso of the preceding subparagraph.
(d) A description, where appropriate, of
how services will be converted from existing facilities to
new facilities, and what will be done with existing facil-
ities.
(e) Identification of the area of the City to
be served by the proposed system, including a descrip-
tion of the proposed area’s boundaries under the Master
Permit.
(f) An affidavit or declaration of the
applicant or authorized officer thereof certifying the
truth and accuracy of the information in the application,
and certifying that the application meets all require-
ments of applicable law.
B.Applications for transfer. An application for
a transfer of a Master Permit must contain the same
information required by Section 11.03.010.A, except
that, if the transferor submitted an application under
Section 11.03.010.A, to the extent information provided
by the transferor under Section 11.03.010.A.2 remains
accurate, the transferee may simply cross-reference the
earlier application.
C.City review. The City may request such addi-
tional information as it finds necessary, and require such
modifications to the system proposed as may be neces-
(Revised 7/16)11.03-2
sary in the exercise of the City’s authority over the use
of its public rights-of-way for communications systems.
Once the information required by the City has been pro-
vided, the application shall be subject to review by the
City and any approval shall be subject to the City’s
determination that:
1. the applicant will accept the modifications
required by the City to its proposed system. This section
does not authorize the City to exercise authority it does
not otherwise have under applicable law.
2. the applicant will accept a Master Permit
satisfactory to the City and comply with any conditions
precedent to its effectiveness.
3. in the case of a transfer, any approval will
also be subject to a determination that:
(a) there will be no adverse effect on the
public interest, or the City’s interest in the Master Per-
mit;
(b) transferee will agree to be bound by
all the conditions of the Master Permit and to assume all
the obligations of its predecessor; and
(c) any outstanding compliance issues
will be resolved or preserved to the satisfaction of the
City.
D. An applicant shall not be issued a Master Per-
mit if it files or has previously filed materially inaccu-
rate or misleading information in a Master Permit
application or intentionally withheld information that
the applicant lawfully is required to provide. (Ord. 4777,
Added, 10/25/2001)
11.03.020 COMPENSATION.
A.Rights-of-way fee. Subject only to the excep-
tions set out in Section 11.01.040.C of this Title, every
Operator of a communications facility must compensate
the City for its actual cost of administering this applica-
tion and the rights-of-way. (Ord. 4777, Added,
10/25/2001)
11.05-1 (Revised 7/16)
Chapter 11.05
PRIVATE COMMUNICATIONS FACILITIES
Sections:
11.05.010 APPLICATION FOR LICENSE.
11.05.020 CONDITIONS OF LICENSE.
11.05.010 APPLICATION FOR LICENSE.
A Person wishing to construct, install, place, oper-
ate, replace, reconstruct, or maintain a Private Commu-
nications System in a public right-or-way must obtain a
License therefore. The License shall only authorize
placement of the system in a specific portion of the Pub-
lic Rights-of-Way for a limited and specific purpose in
connection with the Person’s business but not encom-
passing in whole or in part the carriage of communica-
tions for hire in the Public Rights-of-Way, and for a
limited period of time. Such application must be in the
form provided for by regulation and must be accompa-
nied by a filing fee, covering the cost of administration
of this application. (Ord. 4777, Added, 10/25/2001)
11.05.020 CONDITIONS OF LICENSE.
Any License shall be subject to such conditions as
the City may from time to time establish, shall be
expressly subordinate to the use of the Public Rights-of-
Way by operators of communications facilities, and
shall otherwise conform to the requirements of this
Title. Subject to the foregoing, the provisions of Chapter
11.01, Section 11.01.050 shall apply to a Private Com-
munications System as if it were a Communications
Facility. (Ord. 4777, Added, 10/25/2001)
11.06-1 (Revised 7/16)
Chapter 11.06
MISCELLANEOUS PROVISIONS FOR
COMMUNICATIONS SYSTEMS
Sections:
11.06.010 CAPTIONS.
11.06.020 CALCULATION OF TIME.
11.06.030 SEVERABILITY.
11.06.010 CAPTIONS.
The captions to sections throughout this Title are
intended solely to facilitate reading and reference to the
sections and provisions of this Title. Such captions shall
not affect the meaning or interpretation of this Title.
(Ord. 4777, Added, 10/25/2001)
11.06.020 CALCULATION OF TIME.
Unless otherwise indicated, when the performance
or doing of any act, duty, matter, or payment is required
under this Title or any Master Permit or License, and a
period of time or duration for the fulfillment of doing
thereof is prescribed and is fixed herein, the time shall
be computed so as to exclude the first and include the
last day of the prescribed or fixed period of duration
time. (Ord. 4777, Added, 10/25/2001)
11.06.030 SEVERABILITY.
If any term, condition, or provision of this Title
shall, to any extent, be held to be invalid or unenforce-
able by a valid order of any court or regulatory agency,
the remainder hereof shall be valid in all other respects
and continue to be effective. In the event of a subsequent
change in applicable law so that the provision which had
been held invalid is no longer invalid, said provision
shall thereupon return to full force and effect without
further action by the City and shall thereafter be binding
on the Grantee and the City. If, as determined by the
City upon appropriate legal advice, or applicable court
decision, any term, condition or provision of this Title
imposes a requirement which is prohibited by applicable
federal or state law, or prohibits an action which must be
allowed under applicable federal or state law, then any
such term, condition or provision shall be construed to
not impose the requirement which is prohibited by valid
federal or state laws or not to prohibit the action which
must be allowed under valid federal or state law. (Ord.
4777, Added, 10/25/2001)
11.12-7 (Revised 7/16)
11.12.200 STREET LIGHTING.
(a) Street lighting is required along all public
streets, including new public streets in subdivisions and
short subdivisions in accordance with the engineering
standards and BMC 11.12.110. The property owner is
responsible for design and installation of new lighting
and relocation of existing lighting along the street front-
age of the development.
(b) All street light installations, including wiring,
conduit, and power connections, shall be located or relo-
cated underground except in residential areas with exist-
ing above-ground utilities.
(c) For new subdivisions, the City will accept
maintenance and power cost responsibility for the pub-
lic street light system when a subdivision is fifty percent
(50%) or more occupied. Until then, the property owner
shall remain responsible for the maintenance of and
energy charges for the street lighting system. The prop-
erty owner shall notify the City when fifty percent
(50%) occupancy is obtained.
(d) The City will not accept maintenance and
power cost responsibility for a public street light system
that does not conform to the City’s most current engi-
neering standards.
(e) Street illumination in accordance with engi-
neering standards is required at the intersection of a pri-
vate street and a public street. No street lighting is
required along a private street. (Ord. 4856 §5 (in part),
2003)
11.12.210 TRAFFIC CONTROL.
(a) Temporary traffic control to ensure traffic and
pedestrian safety during construction activities must be
provided by the property owner at the owner’s expense.
A plan meeting the approval of the City Engineer must
be developed prior to starting construction activities.
(b) The developer is responsible for supplying and
installing all necessary permanent traffic control
devices such as street name signs, stop signs, speed limit
signs, and channelization, all in accordance with City
Standards and the MUTCD.
(c) Neighborhood traffic control devices such as
speed humps, traffic circles, curb extensions, etc., are
devices used to control vehicle speeds and cut-through
traffic. Installation of these devices will be permitted
only in accordance with engineering standards and war-
rants, and with approval by the City Engineer. (Ord.
4856 §5 (in part), 2003)
11.12.220 UTILITY COMPANIES.
(a) Subject to the rules, regulations and schedules
of the WUTC for private utilities, utility companies with
facilities in City right-of-way shall relocate their facili-
ties at their own expense when the relocation is neces-
sary to accommodate public street improvements. The
improvement work must be required by the City in order
for the relocation work to be the financial responsibility
of the utility; otherwise, all costs shall be the responsi-
bility of the property owner. In the event such utility
company is subject to a franchise agreement or right-of-
way use agreement with the City, such agreement shall
control any relocation requirement.
(b) All new utility transmission, distribution or
collection systems in new subdivisions and short subdi-
visions, including power, telephone, television, cable,
Internet cable, and all other communications shall be
installed underground unless otherwise provided in a
franchise agreement or right-of-way agreement.
(c) Above-ground utility devices (e.g., poles and
transformers) shall be located as shown in the engineer-
ing standards and shall not under any circumstances
reduce the unobstructed width of the sidewalk to less
than forty-two (42) inches.
(d) Utility companies are subject to the Depart-
ment of Public Works and Utilities policies regarding
"Type B Right-of-Way Use," "Elimination of Nuisance
Utility Poles," "Trenching in the Right-of-Way," and
other policies as prepared and updated by the Director.
(Ord. 4856 §5 (in part), 2003)
11.12.230 STREET INTERSECTION SIGHT
DISTANCE REQUIREMENTS.
No new development, redevelopment, and mainte-
nance of existing conditions (e.g., parking, vegetation
growth, or other obstructions) shall result in obstruction
of sight distance to motor vehicle operators as deter-
mined by the Director. Specific criteria for identifica-
tion of sight obstructions are set forth in the City’s
Engineering Design and construction standards. (Ord.
4856 §5 (in part), 2003)
11.12.240 SIGHT DISTANCE
REQUIREMENTS FOR
PEDESTRIAN SAFETY.
(a) The minimum sight distance for pedestrian
safety shall be determined as follows: the driver of an
exiting vehicle shall be able to view a one (1) foot-high
object in the center of a sidewalk or shoulder and located
fifteen (15) feet away from either edge of the driveway
throat when the driver’s eye is fifteen (15) feet behind
the back of the sidewalk.
(b) The minimum sight distance defined in subsec-
tion (a) of this section shall be maintained at all drive-
ways, buildings, and garage entrances where structures,
wing walls, etc., are located adjacent to or in close prox-
imity to a pedestrian walkway.
(c) Sight lines to traffic control devices such as
signs, signals, etc., shall not be obscured by landscap-
ing, street furniture, marquees, awnings, or other such
obstructions. (Ord. 4856 §5 (in part), 2003)
(Revised 7/16)11.12-8
11.12.250 PAVEMENT RESTORATION FOR
TRENCHING IN RIGHT-OF-WAY.
(a) Construction in the right-of-way including
trenching, excavation and pavement restoration shall be
in accordance with the engineering standards.
(b) Public street pavement shall not be degraded
by trenching, excavation, and pavement restoration
activities without due compensation to the City. Devia-
tions to subsection (a) of this section may be approved
by the Director of Public Works and Utilities upon writ-
ten request by the applicant and demonstration of a sat-
isfactory alternative.
(c) A five (5) year moratorium on pavement
trenching is effective upon completion of new street
construction and upon pavement overlay of an existing
street. Deviations to this subsection may be approved by
the Director under compelling circumstances and emer-
gencies, such as utility failures, main breaks, etc. (Ord.
4856 §5 (in part), 2003)
11.12.260 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. 4856
§5 (in part), 2003)
11.25-1 (Revised 7/16)
Chapter 11.25
ASSUMPTION OF TRANSPORTATION
BENEFIT DISTRICT
Sections:
11.25.010 TRANSPORTATION BENEFIT
DISTRICT ASSUMED.
11.25.020 GOVERNING BOARD.
11.25.030 AUTHORITY OF THE CITY.
11.25.040 TRANSPORTATION
IMPROVEMENTS FUNDED.
11.25.050 NO EXISTING RIGHTS
IMPAIRED.
11.25.060 RULES, REGULATIONS,
PENDING BUSINESS, AND
CONTRACTS.
11.25.070 REPORTS, BOOKS, AND
RECORDS.
11.25.080 FUNDS, CREDITS,
APPROPRIATIONS, FEDERAL
GRANTS, OR OTHER ASSETS.
11.25.090 ASSUMPTION OF
INDEBTEDNESS.
11.25.100 LIBERAL CONSTRUCTION.
11.25.010 TRANSPORTATION BENEFIT
DISTRICT ASSUMED.
The City Council, by Ordinance No. 5076, as
amended by Ordinance No. 5245, established a trans-
portation benefit district with geographical boundaries
comprised of the corporate limits of the City as they
existed or as subsequently annexed, known as the
Bremerton Transportation Benefit District (or "Dis-
trict"). RCW 36.74.010 authorizes any city in which a
transportation benefit district has been established pur-
suant to Chapter 36.73 RCW, with boundaries cotermi-
nous with the boundaries of the city, to assume the
rights, powers, functions, and obligations of the trans-
portation benefit district. As authorized pursuant to
RCW 36.74.010, the City of Bremerton assumes all of
the rights, powers, functions, and obligations of the
Transportation Benefit District previously established in
this chapter, and the City of Bremerton is hereby vested
with each and every right, power, function, and obliga-
tion granted to or possessed by the Bremerton Transpor-
tation Benefit District under Chapter 36.73 RCW,
Chapter 36.74 RCW, this chapter, and/or any other
applicable law, as currently enacted and subsequently
amended. By this assumption of the rights, powers,
functions, and obligations of the District, the Bremerton
Transportation Benefit District will cease to exist as a
separate entity. (Ord. 5297 §3 (part), 2016: Ord. 5245
§ 1 (part), 2014: Ord. 5076 §3 (part), 2009)
11.25.020 GOVERNING BOARD.
As authorized pursuant to RCW 36.74.030(2), the
governing body of the Bremerton Transportation Bene-
fit District established pursuant to RCW 36.73.020 is
hereby abolished and the City of Bremerton City Coun-
cil ("City Council") hereby assumes and is vested with
all the rights, powers, functions and obligations previ-
ously vested, exercised and/or performed by the govern-
ing body of the Bremerton Transportation Benefit
District. (Ord. 5297 §3 (part), 2016: Ord. 5245 § 1
(part), 2014: Ord. 5076 §3 (part), 2009)
11.25.030 AUTHORITY OF THE CITY.
The City shall have the authority to exercise the
rights, powers, functions and obligations set forth in this
chapter and Chapter 36.73 RCW, as currently enacted
and subsequently amended, including, but not limited
to:
(a) Imposing a vehicle fee pursuant to RCW
36.73.065;
(b) Implementing a material change policy previ-
ously adopted by the Bremerton Transportation Benefit
District to address major plan changes that affect project
delivery of the ability to finance the plan, pursuant to the
requirements set forth in RCW 36.73.160(1); and
(c) Funding transportation improvements as
authorized pursuant to BMC 11.25.040. (Ord. 5297 §3
(part), 2016: Ord. 5245 § 1 (part), 2014: Ord. 5076 §3
(part), 2009)
11.25.040 TRANSPORTATION
IMPROVEMENTS FUNDED.
The revenues generated by the exercise of the pow-
ers granted in BMC 11.25.030 and/or Chapter 36.73
RCW may be used for any purpose allowed by law to
make transportation improvements that are consistent
with existing state, regional, and local transportation
plans and necessitated by existing or reasonably fore-
seeable congestion levels pursuant to Chapter 36.73
RCW. The transportation improvements funded by the
City shall be made in an effort to protect the City’s long
term investments in its infrastructure, to reduce the risk
of transportation facility failure, to improve safety, to
continue optimal performance of the infrastructure over
time, to avoid more expensive infrastructure replace-
ments in the future and to improve modal connectivity
within the City of Bremerton. Any expansion of these
authorized purposes may be funded only after compli-
ance with the provisions of RCW 36.73.050(b) or a vote
of the people pursuant to RCW 36.73.065(c). (Ord. 5297
§3 (part), 2016: Ord. 5245 § 1 (part), 2014: Ord. 5076
§3 (part), 2009)
(Revised 7/16)11.25-2
11.25.050 NO EXISTING RIGHTS
IMPAIRED.
Pursuant to RCW 36.74.040, nothing in this chapter
shall be construed as impairing or altering any existing
rights acquired by the Bremerton Transportation Benefit
District under Chapter 36.73 RCW, this chapter, or any
other provision of law applicable to transportation ben-
efit districts. Nor does this assumption impair or alter
any actions, activities, or proceedings validated thereun-
der; any civil or criminal proceedings instituted thereun-
der; any rule, regulation, or order promulgated
thereunder; any administrative action taken thereunder;
nor the validity of any act performed by the Bremerton
Transportation Benefit District or division thereof or
any officer thereof prior to the assumption of such
rights, powers, functions, and obligations by the City as
authorized by law. (Ord. 5297 §3 (part), 2016)
11.25.060 RULES, REGULATIONS, PENDING
BUSINESS, AND CONTRACTS.
Pursuant to RCW 36.74.050(1), all rules and regu-
lations and all pending business before the board of the
Bremerton Transportation Benefit District shall be con-
tinued and acted upon by the City Council. In addition,
pursuant to RCW 36.74.050(2), all existing contracts
and obligations of the Bremerton Transportation Benefit
District remain in full force and effect, and will be per-
formed by the City. The assumption does not affect the
validity of any official act performed by any official or
employee prior to the assumption authorized in the ordi-
nance codified in this chapter. (Ord. 5297 §3 (part),
2016)
11.25.070 REPORTS, BOOKS, AND
RECORDS.
Pursuant to RCW 36.74.060(1), all reports, docu-
ments, surveys, books, records, files, papers, or other
writings relating to the administration of the powers,
duties, and functions available to the Bremerton Trans-
portation Benefit District shall be made available to the
City. (Ord. 5297 §3 (part), 2016)
11.25.080 FUNDS, CREDITS,
APPROPRIATIONS, FEDERAL
GRANTS, OR OTHER ASSETS.
Pursuant to RCW 36.74.060(2), all funds, credits,
or other assets held in connection with rights, powers,
duties, and functions of the Bremerton Transportation
Benefit District assumed hereunder shall be assigned to
the City. Further, pursuant to RCW 36.74.060(3), any
appropriations or federal grant made to the Bremerton
Transportation Benefit District (if any) for the purpose
of carrying out the rights, powers, functions, and obliga-
tions authorized to be assumed by the City must, on the
effective date of the assumption, be credited to the City
for the purpose of carrying out such assumed rights,
powers, functions, and obligations. (Ord. 5297 §3 (part),
2016)
11.25.090 ASSUMPTION OF
INDEBTEDNESS.
Pursuant to RCW 36.74.070, the City assumes and
agrees to provide for the payment of all of the indebted-
ness of the Bremerton Transportation Benefit District,
including the payment and retirement of outstanding
general obligation and revenue bonds (if any) issued by
the Bremerton Transportation Benefit District. (Ord.
5297 §3 (part), 2016)
11.25.100 LIBERAL CONSTRUCTION.
As authorized pursuant to Chapter 36.73 RCW, this
chapter shall be liberally construed to permit the accom-
plishment of its purposes. (Ord. 5297 §3 (part), 2016:
Ord. 5245 § 1 (part), 2014: Ord. 5076 §3 (part), 2009.
Formerly 11.25.060)
15.06-3 (Revised 7/16)
Bremerton Municipal Code 15.06.030
(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 wastewater 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 percent (2%) 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. 5250 §1 (in part), 2014:
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 water system. A prop-
erty owner becomes a customer/user of the water system
at the closing of the sale of the property and entering
into an agreement by signing the utility billing
owner/tenant change form. The retail rate shall be calcu-
lated on a periodic billing with a zero usage 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 assembly size installed.
Water used for purposes other than extinguish-
ing 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 Water Meters.
Persons desiring temporary water service from a fire
hydrant, hose connection, or meter for the purposes of
construction, special events, or other activities that are
limited in duration shall make application to the Depart-
ment on the form provided and make a deposit estab-
lished for temporary/construction water meters. A
deposit based on meter size shall be assessed for tempo-
rary/construction water meters. The deposit may be
retained by the City to recover damage, loss, or any mis-
use of the water meter.
Temporary/construction water meters shall be
limited to twelve (12) month duration. The twelve (12)
month limitation allows for billing meter calibration and
yearly testing of backflow prevention devices. If the
applicant requires a temporary/construction water meter
for longer than twelve (12) months, the applicant must
reapply.
Access to the temporary/construction meter
must be available to the department to inspect and read
at any reasonable time.
The rate shall be calculated on a periodic bill-
ing with a minimum service charge based on the water
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 metered wholesale
water usage contract, under such terms and under such
conditions as shall be deemed fair and equitable by the
(Revised 7/16)15.06-4/6
15.06.040
City. All wholesale water contracts shall be subject to
Mayoral approval and City Council authorization. (Ord.
5298 §1, 2016: Ord. 5250 §1 (in part), 2014: 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
wastewater system. A property owner becomes a cus-
tomer/user of the wastewater system at the closing of the
sale of the property and entering into an agreement by
signing the utility billing owner/tenant change form.
The retail rate shall be calculated on a periodic billing
with a zero usage fixed fee service charge and a com-
modity 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 City
water system 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 Water Meter. Any commercial account that has
residential living units above the commercial business
and/or multiple business suites/buildings served by a
single water 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 wastewater 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 spe-
cial billing rate will be established for that business.
(Ord. 5250 §1 (in part), 2014: 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 on all property
within the City.
Rates shall be determined by the approximate
amount of impervious hard surface area of developed
parcel, including publicly owned property and right-of-
way.
Impervious surface, measured in equivalent imper-
vious hard surface units (IHSUs) shall be determined for
each individually developed property, except single-
family or duplex uses which shall be assigned the mini-
mum rate.
Payment of a surface drainage/stormwater rate does
not guaranty that property subject to the charges will
always or at any time be free from stormwater flooding
or flood damage or that stormwater systems capable of
handling all stormwater events can be cost effectively
operated or maintained.
(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 assessments, rates,
fees, and charges set forth in this chapter established for
stormwater by City Council ordinance.
17.04-1 (Revised 7/16)
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.
17.04.050 AMENDMENTS TO THE
INTERNATIONAL EXISTING
BUILDING CODE.
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, 2015 Edi-
tion, published by the International Code Council, Inc.,
as amended pursuant to Chapter 51-50 WAC.
(b) The International Existing Building Code,
2015 Edition, published by the International Code
Council, Inc., as amended pursuant to Chapter 51-50
WAC.
(c) The International Residential Code, 2015 Edi-
tion, published by the International Code Council, Inc.,
as amended pursuant to Chapter 51-51 WAC.
(d) The International Mechanical Code, 2015 Edi-
tion, published by the International Code Council, Inc.,
as amended pursuant to Chapter 51-52 WAC.
(e) The Uniform Plumbing Code, 2015 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.
(f) The International Property Maintenance Code,
2015 Edition, published by the International Code
Council, Inc.
(g) The International Fuel Gas Code, 2015 Edi-
tion, published by the International Code Council, Inc.,
as amended pursuant to Chapter 52-52 WAC.
(h) The 2015 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. 5304 §1, 2016: 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.
The following local amendments to the Interna-
tional Building Code 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:
(Revised 7/16)17.04-2
17.04.050
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”
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) Certificate of Occupancy. Section 111 of the
International Building Code, entitled "Certificate of
Occupancy," is amended to read as follows:
Sec. 111.1 Use and occupancy. A building or
structure shall not be used or occupied, and a
change in the existing use, occupancy classifi-
cation, or occupant of a building or structure or
portion thereof shall not be made, until the
building official has issued a certificate of occu-
pancy therefor as provided herein. Issuance of
a certificate of occupancy shall not be con-
strued as an approval of a violation of the provi-
sions of this code or of other ordinances of the
jurisdiction.
Exception: Certificates of occupancy are not re-
quired for work exempt from permits in accor-
dance with Section 105.2.
(d) 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.
(e) Appendix H - Signs. Appendix H of the Inter-
national Building Code entitled "Signs" is hereby
amended as follows:
1) Section H101.2, entitled "Signs Exempt
from Permits," is amended to read as follows:
Sec. H101.2 Signs exempt from permits. The
following signs are exempt from the require-
ments to obtain a permit before erection:
1. Temporary signs announcing the sale or rent
of property.
2. Signs erected by transportation authorities.
3. The changing of moveable parts of an ap-
proved sign that is designed for such changes
shall not be deemed an alteration.
2) Section H109.2 entitled "Required clear-
ances" is not adopted. (Ord. 5304 §2, 2016: Ord. 5113
§2, 2010; Ord. 5008 §2, 2007: Ord. 4906 §2, 2004; Ord.
4904 §1, 2004)
17.04.050 AMENDMENTS TO THE
INTERNATIONAL EXISTING
BUILDING CODE.
The following local amendments to the Interna-
tional Existing Building Code adopted in BMC
17.04.020 are hereby adopted and incorporated into the
International Existing Building Code:
(a) Section 110 of the International Existing
Building Code entitled "Certificate of Occupancy" is
hereby amended by amending Subsection 110.1 to read
as follows:
Sec. 110.1 Altered area use and occupancy
classification. Altered areas of a building and
relocated buildings shall not be used or occu-
pied; and change in the existing use, occupancy
classification, or occupant of a building or por-
tion thereof shall not be made until the code of-
ficial has issued a certificate of occupancy
therefor as provided herein. Issuance of a cer-
tificate of occupancy shall not be construed as
an approval of a violation of the provisions of
this code or of other ordinances of the jurisdic-
tion.
(b) Section 112 of the International Existing
Building Code entitled "Board of Appeals" is amended
to read as follows:
17.04-3 (Revised 7/16)
Bremerton Municipal Code 17.04.080
Sec. 112 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. 5304 §3, 2016)
17.04.080 AMENDMENTS TO THE
INTERNATIONAL RESIDENTIAL
CODE.
The following local amendments to the Interna-
tional Residential Code adopted in BMC 17.04.020 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) Design Criteria. Table R301.2(1) of the Inter-
national Residential Building Code entitled "Climatic
and Geographic Design Criteria" is amended to insert
the design criteria specific to the City into the table cat-
egories as designated in Table R301.2(1) below. The
remaining parts and footnotes of the table are
unchanged.
(d) Existing Basements. Section R310 of the Inter-
national Residential Building Code entitled "Emer-
gency escape and rescue windows" is amended by
substituting Section R310.6 with the following:
Sec. R310.6 Alterations or repairs of existing
basement. An emergency escape and rescue
opening in compliance with Section R310 in ad-
dition to a means of egress complying with Sec-
tion R311 is required where existing basements
undergo alterations, repairs, or change of use
Table R301.2(1)
Climate and Geographic Design Criteria
GROUND
SNOW
LOAD
WIND DESIGN
SEISMIC
DESIGN
CATEGORY
SUBJECT TO DAMAGE FROM
Speed
(mph)
Topographic
effects
Special
wind region
Wind-
borne
debris zone
Weathering Frost line
depth Termite
30 PSF 110 No No No D2 Negligible 12"No
WINTER DESIGN
TEMP
ICE BARRIER
UNDERLAYMENT REQUIRED
FLOOD
HAZARDS
AIR FREEZING
INDEX
MEAN ANNUAL
TEMP
29 No See footnote
1,2,3 113 51.4
1 Date of entry into NFIP: April, 1987; Community Number 530093
2 Date of latest study: November 18, 2014
3 FIRM PANELS# 53035C0335E, 53035C0343E, 53035C0344E, 53035C0345E, 53035C0450E, 53035C0455E, 53035C0352F,
53035C0353F, 53035C0354F, 53035C0360F, 53035C0364F, 53035C065F, 53035C0366F, 53035C0367F, 53035C0368F,
53035C0380F, 53035C0390F
(Revised 7/16)17.04-4
17.04.090
from non-habitable space to habitable area. An
escape and rescue opening in a sleeping room
may be used for compliance for the basement
provided the other basement rooms are not
used for sleeping.
Exceptions:
1) An emergency escape and rescue window is
not required in an existing bedroom or habitable
basement that was legally established before
1940 with a building permit and that has the re-
quired window for living area in compliance with
the code of the time.
2) An emergency escape and rescue window is
not required for alterations or repairs of an ex-
isting non-habitable basement that will not be-
come habitable area. Construction of a new
foundation wall is not considered a repair under
this exception.
(e) 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.
(f) Roof Drainage. Section R801 of the Interna-
tional Residential Building Code entitled "General"
shall be amended to read as follows:
Sec. R801.3 Roof drainage. All structures shall
have a controlled method of water disposal from
roofs that will collect and discharge roof drain-
age to the ground surface not less than 12 inch-
es (304 mm) from foundation walls or to an
approved drainage system.
(Ord. 5304 §4, 2016: 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
17.04.020 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
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 17.04.020
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
17.04-4.1 (Revised 7/16)
Bremerton Municipal Code 17.04.110
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:
Sec. 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.
Sec. 106.2 Notice of violations. The code offi-
cial shall serve a notice of violation or order in
accordance with Chapter 1.04 BMC.
Sec. 106.3 Prosecution of violation. Any per-
son failing to comply with a notice of violation or
order 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:
Sec. 107.1 Notice to person responsible.
Whenever the code official determines that
there has been a violation of this code or has
grounds to believe that a violation has occurred,
notice shall be given in the manner prescribed
in Chapter 1.04 BMC to the person responsible
for the violation as specified in this code. Notic-
es for condemnation procedures shall also
comply with Section 108.3.
Sec. 107.2 Form. This subsection is not adopt-
ed.
Sec. 107.3 Method of service. This subsection
is not adopted.
Sec. 107.5 Penalties. Penalties for noncompli-
ance with orders and notices shall be as set
forth in Chapter 1.04 BMC.
(e) Section 108 of the International Property
Maintenance Code entitled "Unsafe Structures and
Equipment" is amended by amending Subsection 108.3
to read as follows:
Sec. 108.3 Notice. Whenever the code official
has condemned a structure or equipment under
the provisions of this section, notice shall be
posted in a conspicuous place in or about the
structure affected by such notice and served on
the owner, owner’s authorized agent or the per-
son or persons responsible for the structure or
equipment in accordance with Chapter 1.04
BMC. If the notice pertains to equipment, it shall
be placed on the condemned equipment. The
notice shall be in the form prescribed in Chapter
1.04 BMC.
(f) Section 111 of the International Property
Maintenance Code entitled "Means of Appeal" is not
adopted.
(g) Section 112 of the International Property
Maintenance Code entitled "Stop Work Order" is
(Revised 7/16)17.04-4.2
17.04.130
amended by amending Subsection 112.4 to read as fol-
lows:
Sec. 112.4 Failure to comply. Any person who
shall continue any work after having been
served with a stop work order, except such work
as that person is directed to perform to remove
a violation or unsafe condition, shall be liable to
a fine pursuant to Chapter 1.04 BMC.
(h) Section 202 of the International Property
Maintenance Code entitled "General Definitions" shall
not include the definitions of "Garbage" and "Rubbish."
(i) 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:
Sec. 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, bal-
cony, porch, deck, ramp or other walking sur-
face which is more than 30 inches (762 mm)
above the floor or grade below shall have
guards. Handrails shall not be less than 34 inch-
es (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 hand-
rails still in place and in good condition, or may
be continued 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 land-
ing, balcony, porch, deck, or ramp or other
walking surface. Replacement or new guard-
rails shall comply with the codes for new con-
struction.
Exception: Guards shall not be required where
exempted by the adopted building code.
(j) Section 505 of the International Property
Maintenance Code entitled "Water Systems" is
amended by amending Subsection 505.1 to read as fol-
lows:
Sec. 505.1 General. Every sink, lavatory, bath-
tub 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.
(k) 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:
Sec. 602.2 Residential occupancies. Dwell-
ings shall be provided with heating facilities ca-
pable of maintaining a room temperature of
68°F (20°C) in all habitable rooms, bathrooms
and toilet rooms. Cooking appliances shall not
be used to provide space heating to meet the
requirements of this section.
Sec. 602.3 Heat supply. Every owner and op-
erator of any building who rents, leases or lets
one or more dwelling units or sleeping units on
terms, either expressed or implied, to furnish
heat to the occupants thereof shall supply heat
of not less than 68° F (20°C) in all habitable
rooms, bathrooms, and toilet rooms.
Sec. 602.4 Occupiable work spaces. Indoor
occupiable work space shall be supplied with
heat of not less than 65° F (18°C) during the pe-
riod the spaces are occupied.
(l) Appendix A. Appendix A: Boarding Standard
of the International Property Maintenance Code is
adopted in its entirety. (Ord. 5304 §5, 2016: 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.
18.02-9 (Revised 7/16)
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 communica-
tions buildings used exclusively for communica-
tions equipment, associated electrical power
distribution equipment, batteries, and standby
engines, provided those spaces or areas are
equipped throughout with an automatic fire
alarm system and are separated from the re-
mainder 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 7/16)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.
(Revised 7/16)
Title 20
LAND USE*
Chapters:
Division I. Permitting
20.02 PROJECT PERMITS
20.04 STATE ENVIRONMENTAL POLICY ACT
Division II. Land Development
20.10 COMPREHENSIVE PLAN AMENDMENTS
20.12 LAND DIVISION
20.14 CRITICAL AREAS
20.16 SHORELINE DEVELOPMENT
20.18 TEXT AMENDMENTS
Division III. Zoning
20.40 ADMINISTRATION
20.42 DEFINITIONS
20.44 GENERAL DEVELOPMENT STANDARDS
20.46 SPECIAL DEVELOPMENT STANDARDS
20.48 OFF-STREET PARKING REQUIREMENTS
20.50 LANDSCAPING
20.52 SIGN STANDARDS
20.54 NONCONFORMING PROVISIONS
20.58 LAND USE PERMITS
20.60 LOW DENSITY RESIDENTIAL (R-10)
20.62 GENERAL COMMERCIAL (GC)
20.70 DISTRICT CENTER CORE (DCC)
20.74 BUSINESS CORE (BC)
20.75 DOWNTOWN CORE (DC)
20.76 DOWNTOWN WATERFRONT (DW)
20.78 MEDIUM DENSITY RESIDENTIAL (R-10M)
20.79 MULTIFAMILY RESIDENTIAL (R-20)
20.82 NEIGHBORHOOD BUSINESS (NB)
20.86 FREEWAY CORRIDOR (FC)
20.92 EMPLOYMENT CENTER (EC)
20.94 INDUSTRIAL (I)
20.96 CITY UTILITY LANDS (CUL)
20.97 WATERSHED (WS)
20.98 INSTITUTIONAL (INST)
ZONING MAPS
* Code reviser’s note: Ord. 4950 §1 provides as follows: "Title 20 of the Bremerton Municipal Code entitled "Subdivisions" is hereby recodified as
Title 20, "Land Use," consisting of three parts: Division I entitled "Permitting," consisting of Chapters 20.02 and 20.04; Division II entitled "Land
Development," consisting of Chapters 20.10 through 20.18; and Division III entitled "Zoning," consisting of Chapters 20.40 through 20.98."
20.02-1 (Revised 7/16)
Bremerton Municipal Code 20.02.020
Division I. Permitting
Chapter 20.02
PROJECT PERMITS
Sections:
20.02.010 PURPOSE AND INTENT.
20.02.020 DEFINITIONS.
20.02.030 GENERAL PROVISIONS.
20.02.040 PROJECT PERMIT
PROCESSING PROCEDURES.
20.02.050 PRESUBMITTAL
APPLICATION CONFERENCE.
20.02.060 SUBMISSION
REQUIREMENTS.
20.02.070 VESTING.
20.02.080 OPTIONAL CONSOLIDATED
PERMITTING PROCESS.
20.02.090 DETERMINATION OF
COMPLETENESS.
20.02.100 NOTICE OF APPLICATION.
20.02.110 NOTICE OF HEARING.
20.02.120 JOINT PUBLIC HEARING.
20.02.130 NOTICE OF DECISION.
20.02.140 APPEALS.
20.02.150 DESIGN REVIEW.
20.02.160 DEVELOPMENT AGREEMENT
REVIEW PROCEDURES.
20.02.170 PLANNED ACTIONS.
20.02.010 PURPOSE AND INTENT.
(a) Fundamental land use planning choices made
in adopted Comprehensive Plans and development reg-
ulations shall serve as the foundation for project review.
This chapter establishes how the City of Bremerton will
process applications for project permits.
(b) These procedures provide for an effective pro-
cessing and review of permits consistent with Chapter
36.70B RCW. This chapter is applied in conjunction
with Chapter 2.13 BMC (Administrative Hearing
Examiner); Chapter 17.04 BMC (City Building Code);
Chapter 20.04 BMC (State Environmental Policy Act);
Chapter 20.12 BMC (Land Division); BMC Title 20,
Division III; the Bremerton Shoreline Master Program;
Chapter 20.14 BMC (Critical Areas); and other applica-
ble codes making reference to this chapter. (Ord. 5301
§3 (Exh. B) (part), 2016: Ord. 5301 §3 (Exh. B) (part),
2016: Ord. 5091 §2 (part), 2009: Ord. 4938 §3 (part),
2005)
20.02.020 DEFINITIONS.
Unless the context clearly requires otherwise, the
definitions in this section apply throughout this chapter.
"City" means the City of Bremerton.
"Closed-record appeal" means an administrative
appeal on the record on a project permit application fol-
lowing an open-record hearing with no or limited new
evidence or information allowed to be submitted and
only appeal argument allowed.
"Days" means calendar days.
"Department" means Department of Community
Development.
"Director" means the Director of the Department of
Community Development of the City of Bremerton or
his/her designee.
"Hearing body" means the City Council, Hearing
Examiner or any other body designated by the City
Council to preside over an open-record hearing or
closed-record appeal.
"Hearing examiner" means the Administrative
Hearing Examiner pursuant to Chapter 2.13 BMC.
"Open-record appeal hearing" means an open-
record hearing held on an appeal when no open-record
predecision hearing has been held on the project permit
application.
"Open-record hearing" means a hearing that creates
the City’s record through testimony and submission of
evidence and information, under procedures prescribed
by the City by ordinance or resolution. An open-record
hearing held prior to the City’s decision shall be known
as an "open-record predecision hearing."
"Parties of record" means:
(1) The applicant;
(2) The property tax payer as identified by the
records available from the Kitsap County Assessor’s
Office;
(3) Any person who testified at the open-
record public hearing on the application; and/or
(4) Any person who submitted written com-
ments during administrative review or has submitted
written comments concerning the application at the
open-record public hearing (excluding persons who
have only signed petitions or mechanically produced
form letters).
"Project permit" or "project permit application"
means any land use or environmental permit or license
required from the City of Bremerton for a project action,
including but not limited to building permits, site devel-
opment permits, land use preparation permits, subdivi-
sions, binding site plans, planned unit developments,
conditional uses, shoreline substantial development per-
mits, development plan review, site-specific rezones
authorized by the Comprehensive Plan, but excluding
adoption or amendment of the Comprehensive Plan and
development regulations, zoning of newly annexed
(Revised 7/16)20.02-2
20.02.030
land, area-wide rezones, and zoning map amendments
except as otherwise specifically included in this subsec-
tion.
"Public meeting" means an informal meeting, hear-
ing, workshop, or other public gathering of persons to
obtain comments from the public or other agencies on a
proposed project permit prior to the City’s decision. A
public meeting may include, but is not limited to, a
design review meeting, a special committee meeting,
such as the short subdivision committee, or a scoping
meeting on a draft environmental impact statement. A
public meeting does not include an open-record hearing.
The proceedings at a public meeting may be recorded
and a report or recommendation may be included in the
City’s project permit application file.
"SEPA" means the State Environmental Policy Act
and includes the provisions of Chapter 43.21C RCW,
Chapter 197-11 WAC and Chapter 20.04 BMC.
"Stand alone nonproject SEPA" means a nonex-
empt proposal involving a decision on policies, plans, or
programs that requires SEPA review and that is not
associated with the Comprehensive Plan, development
regulations, or area-wide rezones subject to Chapter
20.10 BMC, Chapter 20.18 BMC, and BMC 20.58.050,
respectively. (Ord. 5301 §3 (Exh. B) (part), 2016: Ord.
5091 §2 (part), 2009: Ord. 4938 §3 (part), 2005)
20.02.030 GENERAL PROVISIONS.
(a) General Exemptions. The following permits or
approvals are exempt from the procedures set forth in
this chapter:
(1) Landmark designations;
(2) Street vacations;
(3) Right-of-way/street use permits;
(4) Permits or approvals relating to the use of
public areas or facilities;
(5) Permits or approvals involving the loca-
tion or development of essential public facilities or util-
ities;
(6) Project permits not listed in this chapter
which are categorically exempt from SEPA;
(7) Legislative actions such as the adoption of
or amendments to the Comprehensive Plan, subarea
plans, area-wide map amendments, and development
regulations. Such legislative actions are addressed in
Chapters 20.10 and 20.18 BMC and BMC 20.58.050.
(b) Applicable Procedures. The Director shall
determine the proper procedure for the processing of
each project permit application pursuant to the provi-
sions of this chapter. Disputes shall be resolved in favor
of the higher category. Type I is considered the lowest
and Type IV is the highest.
(c) Standard Consistency. The City reviews pro-
posals for consistency to applicable development regu-
lations and the Comprehensive Plan. This determination
includes consideration of the following:
(1) The type of land use permitted, including
uses that may be permitted under certain circumstances,
provided the criteria for their approval is satisfied;
(2) The density of development allowed such
as units per acre or other measures of density;
(3) Availability and adequacy of infrastruc-
ture, which includes public facilities and services iden-
tified in the Comprehensive Plan; and
(4) Characteristics of the development such as
development design standards.
(d) Conflict with Other Regulations. When any
provisions of this chapter conflict with provisions of
other City regulations, ordinances or resolutions, the
more restrictive shall apply.
(e) Severability. If any part or provision of this
chapter or the application of these regulations to any
person or circumstances is adjudged invalid by any
court of competent jurisdiction, the judgment shall be
confined in its operations to the part, provision, or appli-
cation directly involved in the controversy in which the
judgment shall be rendered and it shall not affect or
impair the validity of the remainder of these regulations
or the application of them to other persons or circum-
stances.
(f) General Notice Requirements. The available
records of the Kitsap County Assessor’s Office shall be
used to determine the property tax payer of record. All
notices shall be deemed to have been provided or
received on the date the notice is deposited in the mail
or personally delivered, whichever occurs first. Failure
to provide the public notice as described in this chapter
shall not be grounds for invalidation of a decision on a
permit.
(g) Optional Public Notice. In addition to required
public notice, the City may provide notice to other indi-
viduals or organizations interested or possibly affected
by the proposal. Failure to provide optional public
notice shall not be grounds for invalidation of a decision
on a permit. (Ord. 5301 §3 (Exh. B) (part), 2016: Ord.
5091 §2 (part), 2009: Ord. 4938 §3 (part), 2005)
20.02.040 PROJECT PERMIT PROCESSING
PROCEDURES.
Project permit applications are categorized as Type
I, Type II, Type III or Type IV project permits. Permit
processing procedures may include determination of
completeness, notice of application, notice of public
hearing and notice of decision. Applicable procedures
for the processing of permits are pursuant to the follow-
ing provisions:
(a) Type I Project Permits. These are administra-
tive decisions by the Director who may approve, condi-
tionally approve or deny the application. They include
20.02-3 (Revised 7/16)
Bremerton Municipal Code 20.02.050
permits categorically exempt from SEPA review or that
have had SEPA review completed in connection with
another application or permit. Type I project permit pro-
cessing procedures are set forth in Table 040. Examples
of Type I permits include administrative code interpre-
tations, building/construction/demolition permits
(SEPA exempt), final short subdivisions, permit revoca-
tions, etc.
(b) Type II Project Permit. These are administra-
tive decisions by the Director with limited public notice.
The Director has the authority to approve, conditionally
approve or deny the application. Type II project permit
processing procedures are set forth in Table 040. Exam-
ples of Type II permits include administrative condi-
tional use permits, short plats/binding site plans, site
plan review (requiring SEPA), building/construc-
tion/demolition permits (requiring SEPA), stand alone
nonproject SEPA, etc.
(c) Type III Project Permit. These are Hearing
Examiner decisions. The Hearing Examiner may
approve, conditionally approve, or deny the application.
Type III project permit processing procedures are set
forth in Table 040. Examples of Type III permits include
nonadministrative conditional use permits, preliminary
formal subdivisions, variances, etc.
(d) Type IV Project Permit. These are decisions by
the City Council after a closed-record hearing. The City
Council may approve, conditionally approve, modify
and approve or deny the application. Type IV project
permit processing procedures are set forth in Table 040.
Examples of Type IV permits include site-specific
rezones, final formal subdivisions, development agree-
ments, vacation of subdivisions, etc.
(e) Table 040 Permit Processing Procedures.
1 The Hearing Examiner holds an open-record hearing for preliminary approval. The City Council makes a final decision at a public
meeting; a second hearing is not required.
2 The Hearing Examiner holds an open-record hearing. The City Council holds a closed-record hearing for final approval.
(Ord. 5301 §3 (Exh. B) (part), 2016: Ord. 5091 §2 (part), 2009: Ord. 4938 §3 (part), 2005)
20.02.050 PRESUBMITTAL APPLICATION
CONFERENCE.
(a) Purpose. The purpose of the pre-application
conference is to acquaint the applicant with the review
procedures and applicable Bremerton Municipal Code
provisions to the proposal. Type II, III and IV permits
require a presubmittal application conference prior to
submitting an application. Anyone choosing the consol-
idated permit process set forth in BMC 20.02.060 also
requires a presubmittal submittal application confer-
ence. Only one (1) meeting is required for all project
permit applications related to the same project action.
(b) Waiver. The Director may waive the require-
ment for a presubmittal application conference when a
proposal is determined not to be of a size and complex-
ity to require a detailed analysis.
(c) Submission. Presubmittal application confer-
ences may be held at any time before an application is
submitted. A completed form and related information in
sufficient number of copies as determined by the Direc-
tor are required. The information does not need to meet
the submission requirement set forth in BMC 20.02.060.
(d) Timeline. The City shall hold the presubmittal
application conference within thirty (30) days of the
receipt of a completed request, unless the applicant
agrees to an extension of this time in writing.
(e) Nonbinding. The presubmittal application con-
ference is not intended to be an exhaustive review of all
potential issues and the discussions shall not be binding
or prohibit the enforcement of applicable laws. Failure
to provide all pertinent information may prevent the
City from identifying all of the issues or providing the
most effective presubmittal application conference.
Application Type Determination of
Completeness
Notice of
Application
Notice of
Hearing
Notice of
Decision
Type I Permit No No No No
Type II Permit Yes Yes No Yes
Type III Permit Yes Yes Yes Yes
Type IV Permit Yes Yes Yes Yes
Development Agreement No No Yes Yes
Final Subdivision1 No No No No
Site Specific Rezone2 Yes Yes Yes Yes
Stand Alone Nonproject SEPA No No No No
(Revised 7/16)20.02-4
20.02.060
(f) Lapse of Time. If a time lapse of more than one
(1) year occurs between a presubmittal application con-
ference and the submission for permits, or if the Director
determines the scope of the project has changed signifi-
cantly from the presubmittal application conference, a
new conference may be required. (Ord. 5301 §3 (Exh.
B) (part), 2016: Ord. 5091 §2 (part), 2009)
20.02.060 SUBMISSION REQUIREMENTS.
(a) Application Contents. An application submit-
ted to the Department shall be in a manner determined
by the Director. Unless specified otherwise, an applica-
tion shall at least include the following:
(1) A completed application form;
(2) A legal description of the property and
associated tax account number(s);
(3) A vicinity map showing the location of the
property including surrounding major streets, shorelines
and other reference points;
(4) A site plan;
(5) When required, mailing labels containing
the names and addresses of all owners of record of par-
cels within the notification radius;
(6) When required, SEPA checklist and/or
other environmental documentation;
(7) Additional information required by the
Director to support a decision on the application(s);
(8) The application fee(s) for the permit(s)
requested as set forth in Chapter 3.01 BMC or by other
applicable rule or regulation. (Ord. 5301 §3 (Exh. B)
(part), 2016: Ord. 5091 §2 (part), 2009: Ord. 4938 §3
(part), 2005. Formerly 20.02.050)
20.02.070 VESTING.
A project permit application shall vest in the land
use regulations in effect on the land at the time of sub-
mission of a completed project permit application as
defined herein and all application fees are paid. (Ord.
5301 §3 (Exh. B) (part), 2016: Ord. 5091 §2 (part),
2009: Ord. 4938 §3 (part), 2005. Formerly 20.02.060)
20.02.080 OPTIONAL CONSOLIDATED
PERMITTING PROCESS.
(a) An application which involves two (2) or more
permits or procedures may have the processes consoli-
dated under the highest project permit classification and
procedures. The applicant shall request if they want
their permit processes consolidated or if they want each
permit processed individually.
(b) If a project involving two (2) or more permits
has the permits processed individually, the highest proj-
ect permit classification and procedures shall be final-
ized before subsequent permits can be issued. The
Director may waive this requirement for permits not
dependent on the higher classification of permit for their
justification or implementation.
(c) If applicable, a single open-record hearing and
no more than one (1) closed-record appeal shall be pro-
vided on a consolidated review process. The consoli-
dated process may combine an open-record hearing on
one (1) or more permits with an open-record appeal
hearing on the other permits. (Ord. 5301 §3 (Exh. B)
(part), 2016: Ord. 5091 §2 (part), 2009: Ord. 4938 §3
(part), 2005. Formerly 20.02.070)
20.02.090 DETERMINATION OF
COMPLETENESS.
When review procedures require a determination of
completeness, the following shall apply:
(a) Determination. Within twenty-eight (28) days
of accepting the application, the Department shall pro-
vide a written determination to the applicant, stating
that:
(1) The application is complete; or
(2) The application is incomplete and what is
necessary to make the application complete.
To the extent known, the City shall identify other
agencies of local, state or federal governments that may
have jurisdiction over some aspect of the application.
(b) Failure to Notify. Failure to provide a written
determination within the required time shall automati-
cally deem the application complete.
(c) Processing. A complete application meets the
submission requirements set forth in BMC 20.02.060
and is sufficient for continued processing. The determi-
nation of completeness shall not preclude the City from
requesting additional information or studies either at the
time of the notice or subsequently if new information is
required or substantial changes in the proposed action
occur. Should additional information be requested, the
applicant shall have ninety (90) days from the date noti-
fied to submit the requested materials. Should the mate-
rials not be submitted within the time limits, the
application shall lapse.
(d) Incomplete Application. An incomplete appli-
cation shall have ninety (90) days from the date of the
written determination in subsection (a)(2) of this section
for the necessary information to be submitted. If the
applicant either refuses in writing or does not submit the
required information within the time limits, the applica-
tion shall lapse.
(e) Review of Additional Information. When addi-
tional information for an incomplete application is
received, the City shall notify the applicant within four-
teen (14) days of receipt of the additional information
whether the application is complete or what additional
information is necessary.
(f) Review Timeline. Following the date an appli-
cation is determined complete, the date shall be noted
and the one hundred twenty (120) day official review
20.02-5 (Revised 7/16)
Bremerton Municipal Code 20.02.110
period to render a decision shall begin. (Ord. 5301 §3
(Exh. B) (part), 2016: Ord. 5091 §2 (part), 2009: Ord.
4977 §3, 2006; Ord. 4938 §3 (part), 2005)
20.02.100 NOTICE OF APPLICATION.
When review procedures require a notice of appli-
cation, the following shall apply:
(a) Timeline. The notice shall be provided within
fourteen (14) days after the determination of complete-
ness is issued.
(b) Content. The notice of application shall
include the following:
(1) The file number assigned;
(2) The date of application, date of the notice
of completeness, and the date of the notice of applica-
tion;
(3) A description of the proposed project
action and a list of permits included with the application
and, if applicable, a list of requested studies;
(4) Identification of known permits not
included with the application;
(5) Identification of existing environmental
documents that evaluate the proposal;
(6) The location where the application and
any studies can be reviewed;
(7) A statement of the public comment period
and which shall not be less than fourteen (14) or more
than thirty (30) days;
(8) A statement of the rights of any person to
comment on the application, receive notice of and par-
ticipate in any hearings, request a copy of the decision
and any appeal rights;
(9) Any other information determined appro-
priate by the City.
(c) Legal Notice. Notice shall be provided in the
following manner as applicable:
(1) Mail. The notice shall be sent by email,
first class or higher mail to the following:
(i) The applicant;
(ii) Affected City departments;
(iii) State, federal and local agencies with
jurisdiction;
(iv) For Type III permits, mailed notice
shall also be sent to all property owners of real property
(as shown by the records of the Kitsap County Asses-
sor’s Office) within three hundred (300) feet of the sub-
ject property. Where any portion of a property abutting
the subject property is owned, controlled, or under the
option of purchase by the applicant, all property owners
within a three hundred (300) foot radius of the total
ownership interest shall be notified; and
(v) Any person who requests such notice
in writing to the Department.
(2) Posting of the Property. Notice shall be
posted according to the following:
(i) At least one (1) location on or adja-
cent to the subject property and that shall be clearly vis-
ible and legible from an adjacent street or public area;
(ii) The Director shall determine the
specifications to the construction and installation of the
notice boards.
(3) Publishing Notice. A published notice in
the City’s official newspaper of general circulation
within the City boundaries is required. The content shall
include the following:
(i) Project location;
(ii) Project description;
(iii) Type of permit(s) required;
(iv) Comment period and dates;
(v) Location where the complete applica-
tion may be viewed.
(d) Integration of Notices. The City will integrate
the notice of application with SEPA review whenever
possible. Notification for a notice of application should
be combined with the notification for threshold determi-
nation and the scoping for a determination of signifi-
cance whenever possible.
(e) Issuance of Decisions. Except for a threshold
determination, the City may not issue a decision or a
recommendation on a permit until the expiration of the
public comment period.
(f) Public Comments. Comments shall be as spe-
cific as possible. Comments shall be received by the last
day of the comment period specified in the notice. If no
comments are received by the date specified in the
notice from an affected City department or agency with
jurisdiction, which notification was sent to, then it is
presumed that the department or agency has no com-
ments. (Ord. 5301 §3 (Exh. B) (part), 2016: Ord. 5091
§2 (part), 2009: Ord. 4938 §3 (part), 2005)
20.02.110 NOTICE OF HEARING.
When review procedures require a notice of hear-
ing, the following shall apply:
(a) Notice Integration. A notice of hearing is
required for public hearings. A notice of hearing may be
integrated with the notice of application.
(b) Notice Content. A written notice of hearing
shall contain the following information:
(1) The name of the applicant or designated
contact;
(2) A description of the affected property (not
including any legal description);
(3) Project summary/description of each proj-
ect permit application;
(4) The application/project file number;
(5) The date, time and place of the hearing;
(Revised 7/16)20.02-6
20.02.120
(6) A statement that all interested persons
may appear and provide testimony;
(7) A statement where information may be
examined or obtained and the staff contact and phone
number;
(8) A statement how written testimony or
comments may be submitted;
(9) The SEPA threshold determination along
with any appropriate statement regarding any shared or
divided lead agency status and phased review, and stat-
ing the end of any final comment period;
(10)The deadline (date, time and place) for
submitting a SEPA appeal;
(11)A statement regarding any administrative
appeal process including SEPA appeal.
(c) Project Permit Notification. Notification for a
hearing on a project permit shall be provided in the fol-
lowing manner as applicable:
(1) Mail. The notice shall be sent by email,
first class mail or higher to the following:
(i) The applicant;
(ii) All property owners of real property
(as shown by the records of the Kitsap County Asses-
sor’s Office) within three hundred (300) feet of the sub-
ject property. Where any portion of a property abutting
the subject property is owned, controlled, or under the
option of purchase by the applicant, all property owners
within a three hundred (300) foot radius of the total
ownership interest shall be notified;
(iii) Any person providing a written
request to the Department.
(2) Preliminary Plat. When adjacent to the
right-of-way of a state highway, or within two (2) miles
of the boundary of a state or municipal airport, mailed
notice shall be given to the Secretary of Transportation,
who has fifteen (15) days to respond.
(3) Posting of the Property. The notice shall
be posted in the same manner and location(s) as the
notice of application set forth in BMC 20.02.100(c)(2).
(4) Publishing Notice. A published legal
notice in the City’s official newspaper of general circu-
lation within the City boundaries is required. The con-
tent of the published notice shall include the following
information:
(i) Project location;
(ii) Project description;
(iii) Type of permit(s) required;
(iv) Comment period and dates;
(v) Location where the complete applica-
tion may be viewed.
(d) Notice Deadlines. Notice shall be given at least
ten (10) days before the hearing date except:
(1) Shoreline permits pursuant to WAC 173-
27-110(3) shall be given at least fifteen (15) days.
(2) An integrated notice of hearing and notice
of application shall be given at least fifteen (15) days.
(3) An integrated notice of hearing and notice
of a SEPA threshold determination shall be given at
least fifteen (15) days.
(e) Continuation of Hearing. Continued hearings
do not require additional notices of hearing.
(f) Appeal Notification. Notification for a hearing
on an open-record or closed-record appeal shall be pro-
vided in the following manner:
(1) Mail. The notice shall be sent by email,
first class mail or higher to the following:
(i) The applicant/appellant;
(ii) Parties of record;
(iii) Affected agencies;
(iv) Parties requesting notice; and
(v) Other persons whom the Department
believes may be affected by the action.
(g) Additional Procedures. In addition to the pro-
cedures contained in this chapter, the Department may
develop general procedures for notification, including
mailing packets and the format of the notice and an affi-
davit of posting/mailing form to be filled out by the
party doing notice. (Ord. 5301 §3 (Exh. B) (part), 2016:
Ord. 5091 §2 (part), 2009: Ord. 4938 §3 (part), 2005)
20.02.120 JOINT PUBLIC HEARING.
A hearing on a project permit application may be
combined with any other hearing on the action held by
another local, state, regional, federal, or other agency
pursuant to RCW 36.70B.110 as currently enacted or
hereinafter amended. (Ord. 5301 §3 (Exh. B) (part),
2016: Ord. 5091 §2 (part), 2009: Ord. 4938 §3 (part),
2005)
20.02.130 NOTICE OF DECISION.
The Director, the Hearing Examiner or the City
Council issues a decision at the conclusion of applicable
project permit review. The notice of decision may be
included as part of the decision or project permit.
(a) The City shall provide a notice of decision. The
notice shall include a statement of any threshold deter-
mination made under SEPA and the procedures for
appeal if a consolidated notice was not given under
BMC 20.02.110(d)(3).
(b) Notification. Notification shall be provided in
the following manner as applicable:
(1) Mail. The notice shall be sent by email,
first class mail or higher to the following:
(i) The applicant;
(ii) Any person who, prior to the render-
ing of the decision, requested notice of the decision in
writing to the Department, or who submitted substantive
comments on the application; and
(iii) Kitsap County Assessor’s Office.
20.02-7 (Revised 7/16)
Bremerton Municipal Code 20.02.140
(c) Notice Contents. The notice may include a
copy of the report of decision on the project permit
application; and shall include, when available, the
SEPA threshold determination, the permit decision, the
conditions of approval or where they may be viewed by
the public, and the general procedures and time limits to
file an appeal.
(d) Change of Valuation. The notice shall state that
affected property owners may request a change in valu-
ation for property tax purposes notwithstanding any pro-
gram of revaluation.
(e) Timelines. The notice shall be issued within
one hundred twenty (120) days after the City notifies the
applicant that the application is complete pursuant to
BMC 20.02.090, except as follows:
(1) The Director makes written findings that a
specified amount of additional time is needed for pro-
cessing the application; or
(2) A permit or approval involving the loca-
tion or development of important public facilities or util-
ities, or related to the use of public areas or facilities, for
public purposes may be excluded from the one hundred
twenty (120) day time limit upon a determination of the
Director that special circumstances warrant a longer
process.
(f) Extension of Timelines. If the City is unable to
issue its final decision on a project permit application
within the time limits provided for in this chapter, it
shall provide written notice of this fact to the parties of
record. The notice shall include a statement of reasons
why the time limits were not met, and an estimated date
for issuance of the notice of decision.
(g) Timeline Exclusion. The one hundred twenty
(120) day time limit shall exclude any of the following:
(1) Any period an applicant takes to provide
additional information, perform studies or provide cor-
rected plans requested by the City.
(2) Any period where the City determines that
submitted information is insufficient or incorrect, and
has requested the applicant provide the necessary infor-
mation.
(3) Any period an environmental impact
statement (EIS) is being prepared including scoping and
preparing the draft and final EIS.
(4) Any period for administrative appeals and
any period for reconsideration of decisions of the Hear-
ing Examiner made on project permit applications. The
period for consideration and decision on appeals shall
not exceed:
(i) Ninety (90) days for an open-record
appeal hearing; or
(ii) Sixty (60) days for a closed-record
appeal.
(iii) The parties may agree to extend these
periods.
(5) Any extension of time mutually agreed
upon by the applicant and the City.
(6) All excluded periods are calculated from
the date the City notifies the applicant to when the infor-
mation satisfies the City’s requirement.
(7) When the applicant submits the requested
information, the City shall have fourteen (14) days to
determine if it is satisfactory. If the information is not
satisfactory, but the City fails to notify the applicant
within the time limit, the information shall be deemed
satisfactory.
(8) The time limits established in this section
do not apply if a project permit application:
(i) Requires an amendment to the Com-
prehensive Plan or a development regulation; or
(ii) Requires approval of the location of
an essential public facility as provided in RCW
36.70A.200; or
(iii) Is substantially revised by the appli-
cant, in which case the period shall start from the date at
which the revised project application is determined to be
complete.
(h) Liability. The City is not liable for damages
due to the City’s failure to make a final decision within
the time limits established in this chapter. (Ord. 5301 §3
(Exh. B) (part), 2016: Ord. 5091 §2 (part), 2009: Ord.
4938 §3 (part), 2005)
20.02.140 APPEALS.
(a) General.
(1) Those land use and development decisions
that are subject to appeal shall become final unless an
appeal is filed within the designated time to file an
appeal.
(2) The appellant shall bear the burden of
proving the administrative decision was not supported
by substantial evidence.
(3) Appeal of Type I or Type II project permit
final decisions shall be to the Hearing Examiner.
Appeals shall be filed within fourteen (14) days follow-
ing the issuance of the notice of decision. A decision
involving a SEPA determination of nonsignificance
which required public comments shall have the appeal
period extended an additional seven (7) days.
(4) Administrative appeal of a SEPA thresh-
old determination on project permits is to the Hearing
Examiner pursuant to Chapter 20.04 BMC and subsec-
tion (a)(3) of this section. The appeal shall consolidate
any allowed appeals of procedural and substantive
determinations under SEPA with a hearing or appeal on
the underlying governmental action in a single simulta-
neous hearing before the Hearing Examiner consistent
(Revised 7/16)20.02-8
20.02.150
with Chapter 36.70B RCW, WAC 197-11-680, this
chapter and Chapter 20.04 BMC.
(5) Appeal of Type III or Type IV project per-
mit final decisions shall be to Kitsap County Superior
Court pursuant to Chapter 36.70C RCW. Appeals shall
be filed within twenty-one (21) days following the issu-
ance of the notice of decision.
(6) Final decision relating to the Bremerton
Shoreline Master Program may be appealed as follows:
(i) Director decisions and Type II shore-
line permits may be appealed to the Hearing Examiner
pursuant to subsection (a)(3) of this section or may be
appealed directly to the Shoreline Hearings Board pur-
suant to RCW 90.58.180.
(ii) Hearing Examiner decisions may be
appealed to the Shoreline Hearings Board by filing a
petition for review within twenty-one (21) days of the
date of filing pursuant to RCW 90.58.140(6).
(b) Standing to Appeal. Only parties of record with
standing may initiate an appeal. Standing constitutes the
following:
(1) For Type I project permits, only the appli-
cant has standing.
(2) For project permits not Type I, the follow-
ing have standing:
(i) Applicant;
(ii) Anyone who participates in the public
hearing; or
(iii) Anyone who submits written com-
ments in response to a legal notice within the required
time limits.
(c) Filing an Appeal. Administrative appeals are
filed by submitting a form provided by the Department.
The appeal must be received by 5:00 p.m. on the last day
of the appeal period. Appeals may be mailed, faxed or
delivered to the Department.
(d) Timing of Decisions.
(1) An open-record appeal shall be decided
within ninety (90) days from the date the complete
appeal was filed.
(2) Should an occasion arise that would
require a closed-record appeal hearing, such an appeal
shall be decided within sixty (60) days.
(e) Computation of Time. For purposes of com-
puting the time for filing an appeal, the day the decision
is rendered shall not be included. The last day of the
appeal period shall be included unless it is a Saturday,
Sunday, a day designated by RCW 1.16.050 or by the
City’s ordinances as a legal holiday; then it also is
excluded and the filing must be completed on the next
business day.
(f) Content of Appeal. An administrative appeal
shall not be accepted unless it is written, accompanied
by the required appeal fee, and contains at least the fol-
lowing information:
(1) Appellant’s name, address and phone
number;
(2) Appellant’s statement describing his or
her standing, as a party of record, to appeal;
(3) Identification of the application which is
the subject of the appeal;
(4) Statement of grounds for appeal and the
facts upon which the appeal is based;
(5) Statement of the relief sought, including
the specific nature and extent; and
(6) A statement that the appellant has read the
appeal and believes the contents to be true, followed by
the appellant’s signature.
(g) Effect. The timely filing of an administrative
appeal shall stay the effective date of the decision until
the appeal is either decided or withdrawn.
(h) Notice of Appeal. The Director shall provide
public notice of the appeal as provided in BMC
20.02.110(f). (Ord. 5301 §3 (Exh. B) (part), 2016: Ord.
5091 §2 (part), 2009: Ord. 4938 §3 (part), 2005)
20.02.150 DESIGN REVIEW.
Buildings that are proposed for construction in
areas having adopted design guidelines are subject to
review and recommendation by the Design Review
Board (Board). For any development activity that
requires Board review, the applicant must comply with
the provisions of this section before a building permit
can be approved, as follows:
(a) Public Meetings. All meetings of the Board
shall be open to the public but are not subject to the
requirements of the Open Public Meetings Act, Chapter
42.30 RCW.
(b) Conceptual Design Conference. Before sub-
mitting a building permit application, the applicant shall
attend a conceptual design conference with the Board.
The conference will be scheduled by the Director to
occur within thirty (30) days of written request by the
applicant. The purpose of this conference is to provide
an opportunity for the applicant to discuss the project
concept with the Board in the early stages of the project
development and:
(1) To review preliminary sketches of the
design proposal presented by the applicant;
(2) To discuss how the design guidelines per-
tain to the proposed development;
(3) For the Design Review Board to designate
which design guidelines apply to the proposed develop-
ment based primarily on the location and nature of the
proposed development; and
(4) Other application materials the applicant
will need to submit with the design review application.
20.02-9 (Revised 7/16)
Bremerton Municipal Code 20.02.170
(c) Application. Following the conceptual design
conference, the applicant may then submit a building
permit application to the Department. The application
shall include all documents and exhibits required for the
application, as well as all materials required as a result
of the conceptual design conference.
(d) Public Notice. On determination of a complete
application for a building permit requiring design
review, the Director shall schedule a design response
conference with the Board to occur within sixty (60) cal-
endar days. The Director shall provide public notice of
the design response conference per the requirements of
BMC 20.02.100.
(e) Design Response Conference. The design
response stage allows the Board to review the design
plans and provide direction to the applicant on issues to
be resolved for final approval. The applicant shall pres-
ent the proposed project and demonstrate its consistency
with the design guidelines as discussed in the conceptual
design conference to the Board. The Board will consider
the information presented and make a formal recom-
mendation to the Director for project approval, approval
with conditions, or denial. The Board may continue the
conference if necessary to gather additional information
necessary for its recommendation. If the conference is
continued to a specific date, no further public notice is
required; otherwise notice of continuance shall be
mailed to all parties participating in the design response
conference.
(f) Approval. Approval of a building permit that is
subject to Board review is a Type II Director decision;
however, the Board’s recommendation shall hold sub-
stantial weight. After reviewing the Board recommen-
dation, the Director may grant, deny or conditionally
approve an application for the proposed development.
Any deviation from the Board’s recommendation shall
be documented in the Director’s findings and conclu-
sions. The decision of the Director may be appealed per
the provisions of BMC 20.02.140. (Ord. 5301 §3 (Exh.
B) (part), 2016: Ord. 5091 §2 (part), 2009)
20.02.160 DEVELOPMENT AGREEMENT
REVIEW PROCEDURES.
(a) The City may enter into a development agree-
ment with a person having ownership or control of real
property within its jurisdiction or outside its boundaries
as part of a proposed annexation or a service agreement.
A development agreement sets forth the development
standards and other provisions that shall apply to and
govern and vest the development, use, and mitigation of
the development of the real property for the duration
specified in the agreement.
(b) A determination of completeness, notice of
hearing and a notice of decision are required pursuant to
the provisions of this chapter. The one hundred twenty
(120) day time limit for the notice of decision shall not
apply to a development agreement.
(c) When a request for a development agreement
is consolidated with a Type III or IV project permit, the
public hearing shall be consolidated with the open-
record hearing on the permit before the Hearing Exam-
iner. The Hearing Examiner shall make a recommenda-
tion to the City Council on the development agreement
and approval of the project permit shall be conditioned
on City Council approval of the development permit.
(d) The City Council may approve a development
agreement by ordinance or resolution only. (Ord. 5301
§3 (Exh. B) (part), 2016: Ord. 5091 §2 (part), 2009: Ord.
4938 §3 (part), 2005. Formerly 20.02.150)
20.02.170 PLANNED ACTIONS.
A "planned action" is defined in WAC 197-11-164
as one (1) or more types of project action that has had
significant environmental impacts adequately addressed
in an environmental impact statement (EIS) prepared in
conjunction with the Comprehensive Plan, subarea plan,
fully contained community, a master planned resort, a
master planned development or a phased project.
(a) A project action addressed in a planned action
does not require an environmental checklist or threshold
determination, but may require the checklist for review
to mitigate environmental impacts through the site plan
review process.
(b) To qualify, a project action shall:
(1) Be subsequent to or implementing proj-
ects in a Comprehensive Plan, subarea plan, fully con-
tained community, a master planned resort, a master
planned development or a phased project;
(2) Be located within the City’s adopted urban
growth areas;
(3) Be consistent with the Comprehensive
Plan;
(4) Not be an essential public facility, as
defined in RCW 36.70A.200.
(c) The City Council shall designate and approve
by ordinance a planned action. The ordinance:
(1) Shall describe the type(s) of project action
being designated as a planned action;
(2) Shall describe how the planned action
meets the criteria in subsection (b) of this section,
including specific references to the EIS;
(3) Shall include findings that the environ-
mental impacts have been identified and adequately
addressed in the EIS, subject to project review under
WAC 197-11-172;
(4) Should identify any specific mitigation
measures other than applicable development regulations
that must be applied to a project for it to qualify as a
planned action.
(Revised 7/16)20.02-10
20.02.170
(d) The planned action may be limited to certain
types of development, to specific geographical areas of
the City, and/or a time period identified in the EIS, plan,
ordinance or resolution.
(e) Review of a project proposed as a planned
action is intended to be simpler and more focused than
for other projects. Review of the project shall include:
(1) Verification that it meets the description
and implements any applicable conditions or mitigation
measures identified in the designating ordinance or res-
olution;
(2) Verification that the proposed significant
adverse environmental impacts of the project have been
adequately addressed in the EIS.
(f) Nothing in this section limits the City from
using applicable law to place conditions on the project
in order to mitigate nonsignificant impacts through nor-
mal project review and permitting processes. (Ord. 5301
§3 (Exh. B) (part), 2016: Ord. 5091 §2 (part), 2009: Ord.
4938 §3 (part), 2005. Formerly 20.02.160)
20.04-1 (Revised 7/16)
Bremerton Municipal Code 20.04.020
Chapter 20.04
STATE ENVIRONMENTAL POLICY ACT
Sections:
20.04.010 STATUTORY AUTHORITY.
20.04.020 PURPOSE OF ARTICLE II -
ADOPTION OF WAC
PROVISIONS BY REFERENCE.
20.04.030 ADDITIONAL DEFINITIONS.
20.04.040 RESPONSIBLE OFFICIAL -
DESIGNATION AND
RESPONSIBILITY.
20.04.050 LEAD AGENCY -
DETERMINATION AND
RESPONSIBILITIES.
20.04.060 LEAD AGENCY - TRANSFER
OF STATUS TO A STATE
AGENCY.
20.04.070 TIME LIMITS APPLICABLE
TO THE SEPA PROCESS -
ADDITIONAL
CONSIDERATIONS.
20.04.080 ADDITIONAL TIMING
CONSIDERATIONS.
20.04.090 PURPOSE OF ARTICLE III -
ADOPTION OF WAC
PROVISIONS BY REFERENCE.
20.04.100 USE OF CATEGORICAL
EXEMPTIONS.
20.04.110 ENVIRONMENTAL
CHECKLIST.
20.04.120 MITIGATED DNS.
20.04.130 PURPOSE OF ARTICLE IV -
ADOPTION OF WAC
PROVISIONS BY REFERENCE.
20.04.140 PREPARATION OF EIS -
ADDITIONAL
CONSIDERATIONS.
20.04.150 ADOPTION OF WAC
PROVISIONS BY REFERENCE.
20.04.160 PUBLIC NOTICE
REQUIREMENTS.
20.04.170 DESIGNATION OF OFFICIAL
TO PERFORM CONSULTED
AGENCY RESPONSIBILITIES
FOR THE CITY.
20.04.180 PURPOSE OF ARTICLE VI -
ADOPTION OF WAC
PROVISIONS BY REFERENCE.
20.04.190 PURPOSE OF ARTICLE VII -
ADOPTION OF WAC
PROVISIONS BY REFERENCE.
20.04.200 SUBSTANTIVE AUTHORITY.
20.04.205 PLANNED ACTIONS.
20.04.210 APPEALS.
20.04.220 NOTICE OF ACTION -
STATUTE OF LIMITATIONS.
20.04.230 PURPOSE OF ARTICLE VIII -
ADOPTION OF WAC
PROVISIONS BY REFERENCE.
20.04.240 ADOPTION OF WAC
PROVISIONS BY REFERENCE.
20.04.250 PURPOSE OF ARTICLE X -
ADOPTION OF WAC
PROVISIONS BY REFERENCE.
20.04.260 ENVIRONMENTALLY
SENSITIVE AREAS.
20.04.270 FEES.
20.04.280 ADOPTION OF WAC
PROVISIONS BY REFERENCE.
20.04.010 STATUTORY AUTHORITY.
The City adopts the ordinance codified in this chap-
ter under the State Environmental Policy Act (SEPA),
RCW 43.21C.120, and the SEPA Rules, WAC 197-11-
904. This chapter contains the City’s SEPA procedures
and policies. The SEPA Rules, Chapter 197-11 WAC,
must be used in conjunction with this chapter. The City
also designates and adopts by reference the following
policies and regulations as the basis for the City’s exer-
cise of authority pursuant to this chapter: Comprehen-
sive Plan, Capital Facilities Comprehensive Plans, and
the Bremerton Municipal Code including but not limited
to: Title 6 (Health and Sanitation), Title 11 (Streets and
Rights-of-Way), Title 15 (Municipal Utilities), Title 17
(Buildings and Construction), and Title 20 (Land Use).
(Ord. 5301 §3 (Exh. B) (part), 2016: Ord. 5187 §1,
2012: Ord. 4950 §5 (part), 2005: Ord. 3934 Art. 1 §A,
1984)
20.04.020 PURPOSE OF ARTICLE II -
ADOPTION OF WAC PROVISIONS
BY REFERENCE.
This article contains the basic requirements that
apply to the SEPA process. The City adopts the follow-
ing sections of Chapter 197-11 of the Washington
Administrative Code by reference:
WAC 197-11-040 - Definitions.
050 Lead agency.
055 Timing of the SEPA process.
060 Content of environmental review.
070 Limitations on actions during
SEPA process.
080 Incomplete or unavailable
information.
090 Supporting documents.
(Revised 7/16)20.04-2
20.04.030
100 Information required of applicants.
(Ord. 5301 §3 (Exh. B) (part), 2016: Ord. 4950 §5
(part), 2005: Ord. 3934 Art. 2 §A, 1984)
20.04.030 ADDITIONAL DEFINITIONS.
In addition to those definitions contained within
WAC 197-11-700 through 197-11-799, when used in
this chapter the following terms shall have the following
meanings, unless the context indicates otherwise:
(a) "DEIS" means draft environmental impact
statement. See WAC 197-11-405.
(b) "Department" means any division, subdivision
or organizational unit of the City established by ordi-
nance, rule or order.
(c) "DNS" means determination of nonsignifi-
cance. See WAC 197-11-734.
(d) "DS" means determination of significance. See
WAC 197-11-736.
(e) "Early notice" means the City’s response to an
applicant, stating whether it considers issuance of a
determination of significance likely for the applicant’s
proposal (mitigated DNS procedures).
(f) "EIS" means environmental impact statement.
See, generally, WAC 197-11-400.
(g) "FEIS" means final environmental impact
statement. See WAC 197-11-405.
(h) "Ordinance" means the ordinance, resolution
or other procedure used by the City to adopt regulatory
requirements.
(i) "SEIS" means supplemental environmental
impact statement. See WAC 197-11-405.
(j) "SEPA rules" means Chapter 197-11 WAC,
adopted by the Department of Ecology. (Ord. 5301 §3
(Exh. B) (part), 2016: Ord. 4950 §5 (part), 2005: Ord.
3934 Art. 2 §B, 1984)
20.04.040 RESPONSIBLE OFFICIAL -
DESIGNATION AND
RESPONSIBILITY.
(a) For the proposals for which the City is the lead
agency, the responsible official shall be the Director or
their appointed designee.
(b) For all proposals for which the City is the lead
agency, the responsible official shall make the threshold
determination, supervise scoping and preparation of any
required environmental impact statement (EIS), and
perform any other functions assigned to the "lead
agency" or "responsible official" by those sections of the
SEPA rules that were adopted by reference in this chap-
ter.
(c) The City shall retain all documents required by
the SEPA rules (Chapter 197-11 WAC) and make them
available in accordance with Chapter 42.56 RCW, Pub-
lic Records Act. (Ord. 5301 §3 (Exh. B) (part), 2016:
Ord. 4950 §5 (part), 2005: Ord. 3934 Art. 2 §C, 1984)
20.04.050 LEAD AGENCY -
DETERMINATION AND
RESPONSIBILITIES.
(a) The department within the City receiving an
application for or initiating a proposal that involves a
nonexempt action shall determine the lead agency for
that proposal under WAC 197-11-050 and WAC 197-
11-922 through 197-11-940, unless the lead agency has
been previously determined or the department is aware
that another department or agency is in the process of
determining the lead agency.
(b) When the City is the lead agency for a pro-
posal, the department receiving the application shall
refer the proposal to the responsible official, who shall
supervise compliance with the threshold determination
requirements, and if an EIS is necessary, shall supervise
preparation of the EIS.
(c) When the City is not the lead agency for a pro-
posal, all departments of the City shall use and consider,
as appropriate, either the DNS or the final EIS of the
lead agency in making decisions on the proposal. No
City department shall prepare or require preparation of
a DNS or EIS in addition to that prepared by the lead
agency, unless required under WAC 197-11-600. In
some cases, the City may conduct supplemental envi-
ronmental review under WAC 197-11-600.
(d) If the City or any of its departments receives a
lead agency determination made by another agency that
appears inconsistent with the criteria of WAC 197-11-
922 through 197-11-940, it may object to the determina-
tion. Any objection must be made to the agency origi-
nally making the determination and resolved within
fifteen (15) days of receipt of the determination, or the
City must petition the Department of Ecology for a lead
agency determination under WAC 197-11-946 within
the fifteen (15) day time period. Any such petition on
behalf of the City may be initiated by the Director.
(e) The City is authorized to make agreements as
to lead agency status or shared lead agency duties for a
proposal under WAC 197-11-942 and 197-11-944. The
City may assume lead agency status in accordance with
WAC 197-11-948.
(f) In making a lead agency determination for a
private project the City shall require sufficient informa-
tion from the applicant to identify which other agencies
have jurisdiction over the proposal, i.e., which agencies
require nonexempt licenses. (Ord. 5301 §3 (Exh. B)
(part), 2016: Ord. 4950 §5 (part), 2005: Ord. 3934 Art.
2 §D, 1984)
20.04.060 LEAD AGENCY - TRANSFER OF
STATUS TO A STATE AGENCY.
For any proposal for a private project where the
City would be the lead agency and for which one or
more state agencies have jurisdiction, the City’s respon-
sible official may elect to transfer the lead agency duties
20.04-3 (Revised 7/16)
Bremerton Municipal Code 20.04.100
to a state agency. The state agency with jurisdiction
appearing first on the priority listing in WAC 197-11-
936 shall be the lead agency, and the City shall be an
agency with jurisdiction. To transfer lead agency duties,
the City’s responsible official must transmit a notice of
the transfer together with any relevant information
available on the proposal to the appropriate state agency
with jurisdiction. The responsible official of the City
shall also give notice of the transfer to the private appli-
cant and any other agencies with jurisdiction over the
proposal. (Ord. 5301 §3 (Exh. B) (part), 2016: Ord.
4950 §5 (part), 2005: Ord. 3934 Art. 2 §E, 1984)
20.04.070 TIME LIMITS APPLICABLE TO
THE SEPA PROCESS -
ADDITIONAL CONSIDERATIONS.
For project permits, see Chapter 20.02 BMC. (Ord.
5301 §3 (Exh. B) (part), 2016: Ord. 4950 §5 (part),
2005: Ord. 3934 Art. 2 §F, 1984)
20.04.080 ADDITIONAL TIMING
CONSIDERATIONS.
(a) A final threshold determination or final EIS
shall normally precede or accompany the final staff rec-
ommendation, if any, in a quasi-judicial proceeding on
a nonexempt application by the Administrative Hearing
Examiner.
(b) For nonexempt legislative proposals, the DNS
or draft EIS or other threshold determination and SEPA
environmental documentation for the proposal shall
accompany the City’s staff recommendation to the
appropriate advisory body, such as the Planning Com-
mission.
(c) 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. 5301 §3 (Exh. B) (part), 2016:
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. 5301 §3 (Exh. B) (part), 2016: 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 7/16)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. 5301 §3 (Exh. B) (part),
2016: 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. 5301 §3 (Exh. B)
(part), 2016: 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. The optional DNS process may be
used in WAC 197-11-355 to combine the SEPA com-
20.04-5 (Revised 7/16)
Bremerton Municipal Code 20.04.150
ment period with the notice of application comment
period, if any, for the underlying permit. If a notice of
application is not required for the underlying permit, the
SEPA comment period shall follow issuance of the DNS
and shall be concluded prior to the decision on the
underlying action.
(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. 5301 §3 (Exh. B) (part), 2016: 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 WAC by reference,
as supplemented by this part:
WAC 197-11-400 - Purpose of EIS.
402 General requirements.
405 EIS types.
406 EIS timing.
408 Scoping.
410 Expanded scoping.
420 EIS preparation.
425 Style and size.
430 Format.
435 Cover letter or memo.
440 EIS contents.
442 Contents of EIS on nonproject
proposals.
443 EIS contents when prior nonproject
EIS.
444 Elements of the environment.
448 Relationship of EIS to other
considerations.
450 Cost-benefit analysis.
455 Issuance of DEIS.
460 Issuance of FEIS.
(Ord. 5301 §3 (Exh. B) (part), 2016: Ord. 4950 §5
(part), 2005: Ord. 3934 Art. 4 §A, 1984)
20.04.140 PREPARATION OF EIS -
ADDITIONAL CONSIDERATIONS.
(a) Preparation of draft and final EIS and SEIS is
the responsibility of the Planning Department under the
direction of the responsible official. Before the City
issues an EIS, the responsible official shall be satisfied
that it complies with this chapter and Chapter 197-11
WAC.
(b) The DEIS and FEIS or draft and final SEIS
shall be prepared by City staff, or by a consultant
selected by the City, or the applicant, as determined by
the responsible official. If the applicant is required to
prepare the EIS, the applicant shall select a consultant
subject to approval of the responsible official. Said indi-
vidual or firm shall have demonstrated expertise rele-
vant to the information required for the EIS. If the
responsible official requires an EIS for a proposal and
determines that someone other than the City will prepare
the EIS, the responsible official shall notify the appli-
cant within five (5) working days of completion of the
threshold determination. The responsible official shall
also notify the applicant of the City’s procedure for EIS
preparation, including approval of the DEIS and FEIS
prior to distribution.
(c) The City may require an applicant to provide
information the City does not possess, including spe-
cific investigations. However, the applicant is not
required to supply information that is not required under
this chapter or that is being requested from another
agency. (This does not apply to information the City
may request under another ordinance or statute.) (Ord.
5301 §3 (Exh. B) (part), 2016: Ord. 4950 §5 (part),
2005: Ord. 3934 Art. 4 §B, 1984)
20.04.150 ADOPTION OF WAC PROVISIONS
BY REFERENCE.
This article contains rules for consulting, comment-
ing and responding on all environmental documents
under SEPA, including rules for public notice and hear-
ings. The City adopts the following sections of Chapter
197-11 WAC by reference:
WAC 197-11-500 - Purpose of this part.
502 Inviting comment.
504 Availability and cost of
environmental documents.
508 SEPA register.
535 Public hearings and meetings.
545 Effect of no comment.
550 Specificity of comments.
560 FEIS response to comments.
(Revised 7/16)20.04-6
20.04.160
570 Consulted agency costs to assist
lead agency.
(Ord. 5301 §3 (Exh. B) (part), 2016: Ord. 4950 §5
(part), 2005: Ord. 3934 Art. 5 §A, 1984)
20.04.160 PUBLIC NOTICE
REQUIREMENTS.
(a) Whenever the City issues a DNS under WAC
197-11-340(2), 197-11-355 or 197-11-360(3), the City
shall give public notice as follows:
(1) If public notice is required for a nonex-
empt license, the City shall state whether a DS or DNS
has been issued and a DS notice when comments are
due;
(2) If no public notice is required for the non-
exempt proposal, the City shall give notice of the DNS
or DS by publishing notice in a newspaper of general
circulation in the county, City or general area where the
proposal is located;
(3) Whenever the City issues a DS under
WAC 197-11-360(3), the City shall state the scoping
procedure for the proposal in the DS as required in
WAC 197-11-408 and in the public notice.
(b) Whenever the City issues a DEIS under WAC
197-11-455(5) or a SEIS under WAC 197-11-620,
notice of the availability of those documents shall be
given by:
(1) Indicating the availability of the DEIS in
any public notice required for a nonexempt license;
(2) Publishing notice in a newspaper of gen-
eral circulation in the county, City or general area where
the proposal is located.
(c) Whenever possible, the City shall integrate the
public notice required under this section with existing
notice procedures for the City’s nonexempt permit(s) or
approval(s) required for the proposal.
(d) The City may require an applicant to complete
the public notice requirements for the applicant’s pro-
posal at his or her expense. (Ord. 5301 §3 (Exh. B)
(part), 2016: Ord. 4950 §5 (part), 2005: Ord. 3934 Art.
5 §B, 1984)
20.04.170 DESIGNATION OF OFFICIAL TO
PERFORM CONSULTED AGENCY
RESPONSIBILITIES FOR THE
CITY.
(a) The Director shall be responsible for prepara-
tion of written comments for the City in response to a
consultation request prior to a threshold determination,
participation in scoping and reviewing a draft EIS.
(b) The Director shall be responsible for the City’s
compliance with WAC 197-11-550 whenever the City is
a consulted agency, and is authorized to develop operat-
ing procedures that will ensure that responses to consul-
tation requests are prepared in a timely fashion and
include data from all appropriate departments of the
City. (Ord. 5301 §3 (Exh. B) (part), 2016: Ord. 4950 §5
(part), 2005: Ord. 3934 Art. 5 §C, 1984)
20.04.180 PURPOSE OF ARTICLE VI -
ADOPTION OF WAC PROVISIONS
BY REFERENCE.
This article contains rules for using and supple-
menting existing environmental documents prepared
under SEPA or National Environmental Policy Act
(NEPA) for the City’s own environmental compliance.
The City adopts the following sections of Chapter 197-
11 WAC by reference:
WAC 197-11-600 - When to use existing environ-
mental documents.
610 Use of NEPA documents.
620 Supplemental environmental
impact statement - Procedures.
625 Addenda - Procedures.
630 Adoption - Procedures.
635 Incorporation by reference -
Procedures.
640 Combining documents.
(Ord. 5301 §3 (Exh. B) (part), 2016: Ord. 4950 §5
(part), 2005: Ord. 3934 Art. 6 §A, 1984)
20.04.190 PURPOSE OF ARTICLE VII -
ADOPTION OF WAC PROVISIONS
BY REFERENCE.
This article contains rules (and policies) for SEPA’s
substantive authority, such as decisions to mitigate or
reject proposals as a result of SEPA. This part also con-
tains procedures for appealing SEPA determinations to
agencies or the courts. The City adopts the following
sections of Chapter 197-11 WAC by reference:
WAC 197-11-650 - Purpose of this part.
655 Implementation.
660 Substantive authority and
mitigation.
680 Appeals.
(Ord. 5301 §3 (Exh. B) (part), 2016: Ord. 4950 §5
(part), 2005: Ord. 3934 Art. 7 §A, 1984)
20.04.200 SUBSTANTIVE AUTHORITY.
(a) The policies and goals set forth in this chapter
are supplementary to those in the existing SEPA autho-
rization of the City.
(b) The City may attach conditions to a permit or
approval for a proposal so long as:
(1) Such conditions are necessary to mitigate
specific probable adverse environmental impacts identi-
fied in environmental documents prepared pursuant to
this chapter; and
20.04-7 (Revised 7/16)
Bremerton Municipal Code 20.04.210
(2) Such conditions are in writing; and
(3) The mitigation measures included in such
conditions are reasonable and capable of being accom-
plished; and
(4) The City has considered whether other
local, state or federal mitigation measures applied to the
proposal are sufficient to mitigate the identified
impacts; and
(5) Such conditions are based on one or more
policies in subsection (d) of this section and cited in the
license or other decision document.
(c) The City may deny a permit or approval for a
proposal on the basis of SEPA so long as:
(1) A finding is made that approving the pro-
posal would result in probable significant adverse envi-
ronmental impacts that are identified in a final EIS or
final supplemental EIS prepared pursuant to this chap-
ter; and
(2) A finding is made that there are no reason-
able mitigation measures capable of being accom-
plished that are sufficient to mitigate the identified
impact; and
(3) The denial is based on one or more poli-
cies identified in subsection (d) of this section, and iden-
tified in writing in the decision document.
(d) The City designates and adopts by reference
the following policies as the basis for the City’s exercise
of authority pursuant to this section:
(1) The City shall use all practicable means,
consistent with other essential considerations of state
policy, to improve and coordinate plans, functions, pro-
grams and resources to the end that the state and its cit-
izens may:
(i) Fulfill the responsibilities of each
generation as trustee of the environment for succeeding
generations;
(ii) Assure for all people of Washington
safe, healthful, productive and aesthetically and cultur-
ally pleasing surroundings;
(iii) Attain the widest range of beneficial
uses of the environment without degradation, risk to
health or safety, or other undesirable and unintended
consequences;
(iv) Preserve important historic, cultural
and natural aspects of our national heritage;
(v) Maintain, wherever possible, an envi-
ronment which supports diversity and variety of individ-
ual choice;
(vi) Achieve a balance between popula-
tion and resource use which will permit high standards
of living and a wide sharing of life’s amenities; and
(vii)Enhance the quality of renewable
resources and approach the maximum attainable recy-
cling of depletable resources.
(2) The City recognizes that each person has a
fundamental and inalienable right to a healthful environ-
ment and that each person has a responsibility to con-
tribute to the preservation and enhancement of the
environment.
(e) Applications not requiring a final decision by
the City Council that are conditioned or denied on the
basis of SEPA by a nonelected official shall be appeal-
able to the Administrative Hearing Examiner pursuant
to Chapter 2.13 BMC. Such appeal may be perfected by
appellant by giving notice to the responsible official
within fourteen (14) days of the decision being
appealed. The hearing before the Hearing Examiner
shall be an open-record appeal. However, the decision
of the SEPA Official shall be presumed correct. (Ord.
5301 §3 (Exh. B) (part), 2016: Ord. 4950 §5 (part),
2005: Ord. 4798, Amended, 05/10/2002; Ord. 4778,
Amended, 11/05/2001; Ord. 3934 Art. 7 §B, 1984)
20.04.205 PLANNED ACTIONS.
The City adopts by reference and codifies in this
chapter the State Environmental Policy Act (SEPA)
rules, WAC 197-11-164, 197-11-168, and 197-11-172,
that establish the definitions, procedures, and project
review requirements for planned actions. (Ord. 5301 §3
(Exh. B) (part), 2016: Ord. 5187 §2, 2012)
20.04.210 APPEALS.
(a) The City establishes the following administra-
tive appeal procedures under RCW 43.21C.075 and
WAC 197-11-680:
(1) Project Permits. Any agency or person
may appeal the City’s procedural compliance with
Chapter 197-11 WAC for issuance of the following (the
appeal must be made to the Administrative Hearing
Examiner within fourteen (14) days of the date of issu-
ance). A decision involving a SEPA determination of
nonsignificance which required public comments shall
have the appeal period extended an additional seven (7)
days:
(i) A final DNS;
(ii) A DS; or
(iii) A final EIS.
(2) Legislative Proposals. There is no admin-
istrative appeal of a DNS, DS or final EIS adequacy
associated with a legislative decision.
(3) For any administrative appeal under this
section, the City shall provide for a record that shall con-
sist of the following:
(i) Findings and conclusions;
(ii) Testimony under oath; and
(iii) A taped or written transcript.
(4) The procedural determination by the
City’s responsible official shall carry substantial weight
in any appeal proceeding.
(Revised 7/16)20.04-8
20.04.220
(b) The City shall give official notice under WAC
197-11-680(5) whenever it issues a permit or approval
for which a statute or ordinance establishes a time limit
for commencing judicial appeal. (Ord. 5301 §3 (Exh. B)
(part), 2016: Ord. 4977 §4, 2006; Ord. 4950 §5 (part),
2005: Ord. 4778, Amended, 11/05/2001; Ord. 3934 Art.
7 §C, 1984)
20.04.220 NOTICE OF ACTION - STATUTE
OF LIMITATIONS.
(a) The City, applicant for, or proponent of an
action may publish a notice of action pursuant to RCW
43.21C.080 for any action.
(b) The form of the notice shall be substantially in
the form provided in WAC 197-11-990. The notice shall
be published by the City Clerk, applicant or proponent
pursuant to RCW 43.21C.080. (Ord. 5301 §3 (Exh. B)
(part), 2016: Ord. 4950 §5 (part), 2005: Ord. 3934 Art.
7 §D, 1984)
20.04.230 PURPOSE OF ARTICLE VIII -
ADOPTION OF WAC PROVISIONS
BY REFERENCE.
This article contains uniform usage and definitions
of terms under SEPA. The City adopts the following
sections of Chapter 197-11 WAC by reference, as sup-
plemented by WAC 173-806-040:
WAC 197-11-700 - Definitions.
702 Act.
704 Action.
706 Addendum.
708 Adoption.
710 Affected tribe.
712 Affecting.
714 Agency.
716 Applicant.
718 Built environment.
720 Categorical exemption.
722 Consolidated appeal.
724 Consulted agency.
728 County.
730 Decision maker.
732 Department.
734 Determination of nonsignificance
(DNS).
736 Determination of significance
(DS).
738 EIS.
740 Environment.
742 Environmental checklist.
744 Environmental document.
746 Environmental review.
748 Environmentally sensitive area.
750 Expanded scoping.
752 Impacts.
754 Incorporation by reference.
756 Lands covered by water.
758 Lead agency.
760 License.
762 Local agency.
764 Major action.
766 Mitigated DNS.
768 Mitigation.
770 Natural environment.
774 Nonproject.
776 Phased review.
778 Preparation.
780 Private project.
782 Probable.
784 Proposal.
786 Reasonable alternative.
790 SEPA.
792 Scope.
793 Significant.
796 State agency.
797 Threshold determination.
799 Underlying governmental action.
(Ord. 5301 §3 (Exh. B) (part), 2016: Ord. 4950 §5
(part), 2005: Ord. 3934 Art. 8 §A, 1984)
20.04.240 ADOPTION OF WAC PROVISIONS
BY REFERENCE.
The City adopts sections of Chapter 197-11 WAC
by reference, the following rules for categorical exemp-
tions, as supplemented in this chapter, including Section
B (Use of exemptions), and WAC 173-806-190 (Envi-
ronmentally sensitive areas):
WAC 197-11-800 - Categorical exemptions.
880 Emergencies.
890 Petitioning DOE to change
exemptions.
(Ord. 5301 §3 (Exh. B) (part), 2016: Ord. 4950 §5
(part), 2005: Ord. 3934 Art. 9 §A, 1984)
20.04.250 PURPOSE OF ARTICLE X -
ADOPTION OF WAC PROVISIONS
BY REFERENCE.
This article contains rules for agency compliance
with SEPA, including rules for charging fees under the
SEPA process, designating environmentally sensitive
areas, listing agencies with environmental expertise,
selecting the lead agency, and applying these rules to
current agency activities. The City adopts the following
sections of Chapter 197-11 WAC by reference and this
article:
WAC 197-11-900 - Purpose of this part.
902 Agency SEPA policies.
916 Application to ongoing actions.
20.04-9 (Revised 7/16)
Bremerton Municipal Code 20.04.280
920 Agencies with environmental
expertise.
922 Lead agency rules.
924 Determining the lead agency.
926 Lead agency for governmental
proposals.
928 Lead agency for public and private
proposals.
930 Lead agency for private projects
with one agency with jurisdiction.
932 Lead agency for private projects
requiring licenses from more than
one agency, when one of the
agencies is a City.
934 Lead agency for private projects
requiring licenses from a local
agency, not a county and one or
more state agencies.
936 Lead agency for private projects
requiring licenses from more than
one state agency.
938 Lead agencies for specific
proposals.
940 Transfer of lead agency status to a
state agency.
942 Agreements on lead agency status.
944 Agreements on division of lead
agency duties.
946 DOE resolution of lead agency
disputes.
948 Assumption of lead agency status.
(Ord. 5301 §3 (Exh. B) (part), 2016: Ord. 4950 §5
(part), 2005: Ord. 3934 Art. 10 §A, 1984)
20.04.260 ENVIRONMENTALLY SENSITIVE
AREAS.
(a) The Director shall designate environmentally
sensitive areas under the standards of WAC 197-11-
908, and shall file maps designating such areas, together
with the exemptions from the list in WAC 197-11-908
that are inapplicable in such areas, with the Planning
Department and the Department of Ecology, Headquar-
ters Office, Olympia, Washington. The environmentally
sensitive area designations shall have full force and
effect of law as of the date of filing.
(b) The City shall treat proposals located wholly or
partially within an environmentally sensitive area no
differently than other proposals under this chapter, mak-
ing a threshold determination for all such proposals. The
City shall not automatically require an EIS for a pro-
posal merely because it is proposed for location in an
environmentally sensitive area.
(c) Certain exemptions do not apply on lands cov-
ered by water, and this remains true regardless of
whether or not lands covered by water are mapped.
(Ord. 5301 §3 (Exh. B) (part), 2016: Ord. 4950 §5
(part), 2005: Ord. 3934 Art. 10 §B, 1984)
20.04.270 FEES.
The City shall require fees for its activities in accor-
dance with the provisions of this chapter. Those fees
shall be established, from time to time, by City Council
resolution. (Ord. 5301 §3 (Exh. B) (part), 2016: Ord.
4950 §5 (part), 2005: Ord. 3934 Art. 10 §C, 1984)
20.04.280 ADOPTION OF WAC PROVISIONS
BY REFERENCE.
The City adopts the following forms and selections
by reference:
WAC 197-11-960 - Environmental checklist.
965 Adoption notice.
970 Determination of nonsignificance
(DNS).
980 Determination of significance and
scoping notice (DS).
985 Notice of assumption of lead
agency status.
990 Notice of action.
(Ord. 5301 §3 (Exh. B) (part), 2016: Ord. 4950 §5
(part), 2005: Ord. 3934 Art. 11 §A, 1984)
20.10-1 (Revised 7/16)
Bremerton Municipal Code 20.10.050
Division II. Land Development
Chapter 20.10
COMPREHENSIVE PLAN AMENDMENTS
Sections:
20.10.010 ANNUAL AMENDMENTS.
20.10.020 APPLICATIONS.
20.10.030 TIME OF FILING.
20.10.040 SUSPENSION OF
APPLICATIONS.
20.10.050 AMENDMENTS OUTSIDE THE
ANNUAL PROCESS.
20.10.060 SEPA REVIEW.
20.10.070 CUMULATIVE EFFECT.
20.10.080 DECISION CRITERIA.
20.10.090 HEARING PROCEDURES -
NOTICE REQUIREMENTS.
20.10.100 CITY COUNCIL ACTION.
20.10.110 APPEALS.
20.10.010 ANNUAL AMENDMENTS.
The City Council shall consider amendments to the
Bremerton Comprehensive Plan no more than once each
calendar year, except as provided in BMC 20.10.050.
(Ord. 5301 §3 (Exh. B) (part), 2016: Ord. 4994 §1
(part), 2006: Ord. 4950 §4 (part), 2005: Ord. 4852 §1 (in
part), 2003)
20.10.020 APPLICATIONS.
Comprehensive Plan amendments may be initiated
by the Department of Community Development or other
administrative staff of the City, private citizens, private
or public entities or agencies, the Planning Commission,
or the City Council. Application fees for Comprehen-
sive Plan amendments shall be the same as the fee estab-
lished for rezones. (Ord. 5301 §3 (Exh. B) (part), 2016:
Ord. 4994 §1 (part), 2006: Ord. 4950 §4 (part), 2005:
Ord. 4852 §1 (in part), 2003)
20.10.030 TIME OF FILING.
Applications to amend the Comprehensive Plan
shall be submitted to the Department of Community
Development between the first business day in January
to the end of the first business day of April. Applications
shall be submitted on forms prescribed by the Depart-
ment. Incomplete applications will not be accepted for
filing. Requests received after the deadline shall be
resubmitted during the next calendar year amendment
process. The Director of Community Development
may, at his or her sole discretion, accept applications
filed after the deadline if review has not begun on the
pending applications and acceptance of the late applica-
tion will not have a significant impact on the processing
of the pending applications. (Ord. 5301 §3 (Exh. B)
(part), 2016: Ord. 4994 §1 (part), 2006: Ord. 4971 §3,
2006: Ord. 4950 §4 (part), 2005: Ord. 4852 §1 (in part),
2003)
20.10.040 SUSPENSION OF APPLICATIONS.
The City Council may, by motion or resolution,
suspend the amendment process for any given calendar
year. However, in no case shall the amendment process
be suspended for two (2) consecutive calendar years.
(Ord. 5301 §3 (Exh. B) (part), 2016: Ord. 4994 §1
(part), 2006: Ord. 4950 §4 (part), 2005: Ord. 4852 §1 (in
part), 2003)
20.10.050 AMENDMENTS OUTSIDE THE
ANNUAL PROCESS.
Pursuant to RCW 36.70A.130, the City Council
may consider amendments to the Comprehensive Plan
outside the annual review process set forth in BMC
20.10.010 under the following circumstances:
(a) Subarea Plan. The initial adoption of a subarea
plan that does not modify the Comprehensive Plan pol-
icies and designations applicable to the subarea; and
(b) Shoreline Master Program. The adoption or
amendment of a Shoreline Master Program under the
procedures set forth in Chapter 90.58 RCW; and
(c) Capital Facilities Element. The amendment of
the capital facilities element of the Comprehensive Plan
that occurs concurrently with the adoption or amend-
ment of the City’s budget; and
(d) Planned Actions. The adoption of Comprehen-
sive Plan amendments necessary to enact a planned
action under RCW 43.21C.031(2); and
(e) Emergency Amendments. At any time an
emergency situation exists, emergency Comprehensive
Plan amendments may be processed separately and in
addition to the standard annual amendment process even
though such emergency amendment results in a Com-
prehensive Plan amendment more frequently than once
per year. Prior to considering an emergency amend-
ment, the City Council shall, by resolution or motion,
make a finding that an emergency situation exists. The
following shall constitute a basis for emergency amend-
ments:
(1) Situations involving official, legal, or
administrative actions, such as those to immediately
avoid an imminent danger to public health and safety,
prevent imminent danger to public or private property or
to prevent an imminent threat of serious environmental
degradation;
(2) To address the absence of adequate and
available public facilities or services;
(Revised 7/16)20.10-2
20.10.060
(3) To resolve an appeal of the Comprehen-
sive Plan filed with the Central Puget Sound Growth
Management Hearings Board or court, or to comply
with a decision of the Board or court or of a State agency
or office or the State Legislature necessitating an emer-
gency Comprehensive Plan amendment; or
(4) Council confirmation of the Director’s
finding of a conflict, inconsistency, deficiency or other
internal defect in the Comprehensive Plan that requires
correction for clear, complete and consistent policy
direction. (Ord. 5301 §3 (Exh. B) (part), 2016: Ord.
4994 §1 (part), 2006: Ord. 4950 §4 (part), 2005: Ord.
4852 §1 (in part), 2003)
20.10.060 SEPA REVIEW.
After April 1st of each calendar year, the City’s
responsible official shall review the cumulative envi-
ronmental effect of all proposed Comprehensive Plan
amendments, pursuant to the Washington State Envi-
ronmental Policy Act (SEPA). If the responsible official
determines that a draft final or supplemental environ-
mental impact statement (EIS) or other appropriate
environmental review is warranted, applicants may be
responsible for a full or proportionate share of the costs
of preparing the environmental analysis as determined
by the responsible official. (Ord. 5301 §3 (Exh. B)
(part), 2016: Ord. 4994 §1 (part), 2006: Ord. 4950 §4
(part), 2005: Ord. 4852 §1 (in part), 2003)
20.10.070 CUMULATIVE EFFECT.
In considering annual amendments to the Compre-
hensive Plan, the Planning Commission and the City
Council shall consider all proposed amendments con-
currently to assess their cumulative effect. The analysis
of cumulative effect shall be conducted pursuant to
BMC 20.10.060 and shall be entered into the hearing
records of the Planning Commission and City Council
prior to any action. (Ord. 5301 §3 (Exh. B) (part), 2016:
Ord. 4994 §1 (part), 2006: Ord. 4950 §4 (part), 2005:
Ord. 4852 §1 (in part), 2003)
20.10.080 DECISION CRITERIA.
The Planning Commission may recommend, and
the City Council may adopt or adopt with modifications,
an amendment to the Comprehensive Plan if:
(a) There exists an obvious technical error in the
pertinent Comprehensive Plan provisions; or
(b) All the following criteria have been met:
(1) The amendment is consistent with the
Growth Management Act;
(2) The amendment is consistent with the
Comprehensive Plan or other goals or policies of the
City;
(3) If the amendment was reviewed but not
adopted as a part of a previous proposal, circumstances
related to the proposed amendment have significantly
changed, or the needs of the City have changed, which
support an amendment;
(4) The amendment is compatible with exist-
ing or planned land uses and the surrounding develop-
ment pattern; and
(5) The amendment will not adversely affect
the City’s ability to provide urban services at the
planned level of service and bears a reasonable relation-
ship to benefitting the public health, safety and welfare.
(Ord. 5301 §3 (Exh. B) (part), 2016: Ord. 4994 §1
(part), 2006: Ord. 4950 §4 (part), 2005: Ord. 4852 §1 (in
part), 2003)
20.10.090 HEARING PROCEDURES -
NOTICE REQUIREMENTS.
The Department of Community Development shall
prepare a report on proposed plan amendments which
shall be presented to the Planning Commission at a pub-
lic hearing. The Planning Commission shall hold one (1)
or more hearings on the proposed amendments. Follow-
ing the public hearing by the Planning Commission, the
Planning Commission’s recommendation shall be for-
warded to the City Council for action. For proposed text
amendments, notice of the first Planning Commission
and the first City Council public hearing shall be given
in at least one (1) publication in the local newspaper at
least ten (10) days prior to said hearing. (Ord. 5301 §3
(Exh. B) (part), 2016: Ord. 4994 §1 (part), 2006: Ord.
4950 §4 (part), 2005: Ord. 4852 §1 (in part), 2003)
20.10.100 CITY COUNCIL ACTION.
Following receipt of the Planning Commission rec-
ommendation, the City Council shall affirm, deny, mod-
ify or return the application to the Commission for
further consideration. In the event the City Council
modifies the recommendation, it shall make its own
findings and set forth in writing the reasons for the
action taken. If the City Council makes a substantial
modification to the Planning Commission recommenda-
tion, it shall hold at least one (1) additional hearing on
the modified recommendation prior to adoption. (Ord.
5301 §3 (Exh. B) (part), 2016: Ord. 4994 §1 (part),
2006: Ord. 4950 §4 (part), 2005: Ord. 4852 §1 (in part),
2003)
20.10.110 APPEALS.
Appeals from a decision of the Bremerton City
Council shall be pursuant to Chapter 36.70A RCW.
(Ord. 5301 §3 (Exh. B) (part), 2016: Ord. 4994 §1
(part), 2006: Ord. 4950 §4 (part), 2005: Ord. 4852 §1 (in
part), 2003)
20.12-1 (Revised 7/16)
Bremerton Municipal Code 20.12.040
Chapter 20.12
LAND DIVISION
Sections:
20.12.010 PURPOSE.
20.12.020 APPLICABILITY.
20.12.030 EXEMPTIONS.
20.12.040 DEFINITIONS.
20.12.050 ADMINISTRATION.
20.12.060 GENERAL PROVISIONS.
20.12.070 SURVEY REQUIREMENTS.
20.12.080 SUBDIVISION CATEGORIES.
20.12.090 REVIEW PROCEDURES AND
APPROVALS.
20.12.100 APPROVAL CRITERIA -
PRELIMINARY SUBDIVISION.
20.12.110 SUBMITTAL REQUIREMENTS
- PRELIMINARY
SUBDIVISION.
20.12.120 APPROVAL CRITERIA - FINAL
SUBDIVISION.
20.12.130 SUBMITTAL REQUIREMENTS
- FINAL SUBDIVISION.
20.12.140 MODIFICATIONS TO
PRELIMINARY SUBDIVISION
APPROVAL.
20.12.150 RECORDING FINAL
SUBDIVISIONS.
20.12.160 EXPIRATION OF FINAL
SUBDIVISION APPROVALS.
20.12.170 SUBDIVISION VESTING.
20.12.180 VIOLATION - PENALTY.
20.12.010 PURPOSE.
These regulations are for the purpose of regulating
the subdivision of land and support the rights of prop-
erty owners to develop their property while protecting
the public health, safety and general welfare of the com-
munity, to establish procedures for the subdivision and
resubdivision of land in order to further the orderly lay-
out and use of land, to guide the future growth and
development of the community in accordance with the
goals, objectives and policies of the City’s Comprehen-
sive Plan, and to ensure compliance with the City’s
development and engineering requirements. (Ord. 5301
§3 (Exh. B) (part), 2016: Ord. 4980 §1 (part), 2006)
20.12.020 APPLICABILITY.
(a) This chapter shall apply to all divisions of
lands including short subdivisions, formal subdivisions,
and binding site plans hereafter established within the
incorporated areas of the City of Bremerton.
(b) This chapter is applied in conjunction with
Chapter 2.13 BMC, Administrative Hearing Examiner;
Chapter 20.02 BMC, Project Permits; Chapter 20.04
BMC, State Environmental Policy Act; BMC Title 20,
Division III, Zoning; the Bremerton Shoreline Master
Program; Chapter 20.14 BMC, Critical Areas; and other
applicable codes referencing this chapter. (Ord. 5301 §3
(Exh. B) (part), 2016: Ord. 4980 §1 (part), 2006)
20.12.030 EXEMPTIONS.
The provisions of this chapter do not apply to the
exemptions specified in the State law, including but not
limited to:
(a) Cemeteries and other burial plots while used
for that purpose.
(b) Divisions of land made by testamentary provi-
sions, or the laws of descent.
(c) A division of land for the purpose of lease
when no residential structure, other than mobile homes
or travel trailers, are to be placed upon the land.
(d) Division of land due to condemnation or sale
under threat thereof by an agency or division of govern-
ment vested with the power of condemnation.
(e) A division of land into lots or tracts of less than
three (3) acres that is recorded in accordance with Chap-
ter 58.09 RCW (Survey Recording Act) and is used or
to be used for the purpose of establishing a site for con-
struction and operation of consumer-owned or investor-
owned electric utility facilities. The exemption only
applies to electric utility facilities that will be placed
into service to meet the electrical needs of a utility’s
existing and new customers. "New customers" are
defined as electric service locations not already in exis-
tence as of the date that electric utility facilities subject
to the provisions of this section are planned and con-
structed.
(f) A division of land for the purpose of leasing
land for facilities providing personal wireless services
while used for that purpose.
(g) A division of land for the purpose of dedicating
to the public such tracts of lands for open spaces, drain-
age ways, roads, alleys, easements, parks, playgrounds,
sites for schools, school grounds, water supplies, sani-
tary wastes and other general purposes that may be
required to protect the public health, safety and welfare.
(h) Condominiums, pursuant to RCW 58.17.040.
(Ord. 5301 §3 (Exh. B) (part), 2016: Ord. 4980 §1
(part), 2006)
20.12.040 DEFINITIONS.
The following definitions apply to this chapter and
they should be used in conjunction with other defini-
tions found in BMC Title 20. However, these definitions
are not intended to replace or alter similar definitions
found elsewhere within the Bremerton Municipal Code
(Revised 7/16)20.12-2
20.12.040
except when specifically applied to the provisions of
this chapter.
"Auditor, County" means the person defined in
Chapter 36.22 RCW or the office of the person assigned
such duties under the Kitsap County Charter.
"Binding site plan" means a drawing to a scale
specified by this chapter which: (a) identifies and shows
the areas and locations of all streets, roads, improve-
ments, utilities, open spaces, and any other matters spec-
ified by local regulations; (b) contains inscriptions or
attachments setting forth such appropriate limitations
and conditions for the use of the land as are established
by the local government body having authority to
approve the site plan; and (c) contains provisions mak-
ing any development be in conformity with the site plan.
"Block" means a group of lots, tracts, or parcels
within well-defined and fixed boundaries.
"Bond" means a satisfactory security to insure per-
formance and/or warranty.
"Buildable lot" means a tract or parcel of land,
legally created, which is intended for use for the place-
ment of structures separate from other parcels.
"City" means the City of Bremerton.
"Comprehensive Plan" means the City of Bremer-
ton Comprehensive Plan as adopted and amended.
"Concurrency" means the requirement that devel-
opment applications demonstrate that adequate public
facilities be available at prescribed levels of service con-
current with the impact or occupancy of development as
defined in the City’s Comprehensive Plan.
"Day(s)" means calendar days and includes Mon-
day through Sunday and all holidays.
"Dedication" means the deliberate appropriation of
land by an owner for any general and public uses,
reserving to himself or herself no other rights than such
as are compatible with the full exercise and enjoyment
of the public uses to which the property has been
devoted.
"Department" means the City of Bremerton Com-
munity Development Department.
"Director" means the City of Bremerton Director of
Community Development and/or his/her designee.
"Division of land" means any segregation of land
that creates lots, tracts, parcels, or sites not otherwise
exempted by this title that alters or affects the shape,
size or legal description of any part of the owner’s land.
"Electric utility facilities" means unstaffed facilities
except for the presence of security personnel that are
used for or in connection with, or to facilitate the trans-
mission, distribution, sale, or furnishing of, electricity
including, but not limited to, electric power substations.
"Hearing Examiner" means the person appointed
by the Mayor, with the powers and duties prescribed in
Chapter 2.13 BMC.
"Lot" means a fractional part of divided lands hav-
ing fixed boundaries being of sufficient area and dimen-
sion to meet the minimum and maximum underlying
zoning district requirements for width, area and street
frontage. The term shall include tracts or parcels.
"Personal wireless services" means any federally
licensed personal wireless service. "Facilities" means
unstaffed facilities that are used for the transmission or
reception, or both, of wireless communication services
including, but not necessarily limited to, antenna arrays,
transmission cables, equipment shelters, and support
structures.
"Plat" means a map or representation of a subdivi-
sion, showing thereon the division of a tract or parcel of
land into lots, blocks, streets and alleys, or other divi-
sions and dedications.
"Plat certificate" means a title report or subdivision
guarantee that is prepared by a title company for the
property contained in a proposed short subdivision, sub-
division or binding site plan, to include, as a minimum,
all owners of record, easements and encumbrances
affecting said property.
"Plat, final" means the final drawing of the subdivi-
sion and dedication prepared for filing for record with
the County Auditor and containing all elements and
requirements set forth in this chapter and Chapter 58.17
RCW.
"Plat, formal" means the map or representation of a
formal subdivision.
"Plat, preliminary" means a neat and approximate
drawing of a proposed subdivision showing the general
layout of streets and alleys, lots, blocks, and other ele-
ments consistent with the requirements of this chapter.
The preliminary plat shall be the basis for the approval
or disapproval of the general layout of a subdivision or
short subdivision.
"Plat, short" means the map or representation of a
short subdivision.
"State Environmental Policy Act (SEPA)" means
environmental review procedures required under Chap-
ter 43.21C RCW, Chapter 197-11 WAC and Chapter
20.04 BMC.
"Subdivision" means the division or redivision of
land through short subdivision, formal subdivision, or
binding site plan.
"Subdivision, formal" means the division or redivi-
sion of land into ten (10) or more lots, tracts, parcels,
sites, or divisions for the purpose of sale, lease, or trans-
fer of ownership.
"Subdivision, short" means the division or redivi-
sion of land into nine (9) or fewer lots, tracts, parcels,
sites, or divisions for the purpose of sale, lease, or trans-
fer of ownership.
"Title notice" means a written notice attached to the
title of a parcel of land by the property owner at the
request of the City of Bremerton with a recording of said
notice at the Kitsap County Auditor’s Office per a legal
description of said parcel for the purpose of notifying
20.12-3 (Revised 7/16)
Bremerton Municipal Code 20.12.060
the property owner or future property owner of particu-
lar circumstances related to said parcel such as warning
statement(s), limitation(s), restriction(s) or other.
"Title report" means the written analysis of the sta-
tus of title to real property, including a property descrip-
tion, names of titleholders and how title is held (joint
tenancy, etc.), encumbrances (mortgages, liens, deeds of
trusts, recorded judgments), and real property taxes due.
"Tract" means land reserved for special uses such as
open space, surface water retention, utilities, or access.
Tracts are not counted as lots nor considered as building
sites. (Ord. 5301 §3 (Exh. B) (part), 2016: Ord. 4980 §1
(part), 2006)
20.12.050 ADMINISTRATION.
The Director is vested with the duty of administer-
ing and implementing the provisions of this chapter.
(Ord. 5301 §3 (Exh. B) (part), 2016: Ord. 4980 §1
(part), 2006)
20.12.060 GENERAL PROVISIONS.
(a) Submittal. All applications made pursuant to
this chapter shall be to the Department.
(b) Minimum Requirements. The provisions set
forth in this chapter shall constitute the minimum
requirements necessary to promote the public health,
safety, and general welfare.
(c) Preliminary Consultation. Any person who
desires to subdivide land within the boundaries of the
City should consult with the Department at an early date
to become familiar with the requirements of this chapter
and for assistance in understanding the engineering
requirements and the construction standards of the City.
(d) Compliance. Whenever any parcel of land is
divided into two (2) or more lots, no person, firm, cor-
poration or agents of them shall sell, transfer or adver-
tise for sale or transfer any such lot without having a
subdivision recorded unless preliminary subdivision
approval expressly conditions a performance of an offer
or agreement to sell, lease, or otherwise transfer a lot,
tract, or parcel of land on the recording of the final plat
pursuant to RCW 58.17.205.
(e) Critical Areas Environmental Consideration.
Lands designated as critical areas such as wetlands,
aquifers, streams, flood hazards, geological hazards and
wildlife habitats shall not be subdivided or have lot lines
adjusted unless adequate safeguards are provided as pre-
scribed in Chapter 20.14 BMC, Critical Areas.
(f) Critical Areas Notice on Title. When a critical
area is verified on a property by an assessment or delin-
eation, a notice of its presence shall be recorded by the
applicant at the office of the Kitsap County Auditor. The
notice may be on the face of a subdivision, or it may be
on a form specified by the Department. The notice shall
be notarized and proof must be submitted that the notice
was legally recorded before final approval for develop-
ment is issued. The notice shall run with the land and
failure to record such notice shall be in violation of this
chapter.
(g) Fees. The applicant shall pay a fee according to
the fee schedule set forth in Chapter 3.01 BMC, which
shall accompany the application.
(h) Bonding of Improvements. In lieu of the com-
pletion of the actual construction of any required
improvements prior to the approval of a final subdivi-
sion, the City may accept a bond providing for and
securing the actual construction and installation of such
improvements within a period specified by the City. In
addition, the City may provide for methods of security,
including the posting of a bond securing the successful
operation of improvements for up to two (2) years after
final approval.
(i) Severability. If any provision of this chapter or
its application to any person or circumstance is held
invalid, the remainder of this chapter, or the application
of the provision to other persons or circumstances, shall
not be affected.
(j) Phasing. Phased development may be permit-
ted with a preliminary formal subdivision application,
provided all of the following criteria are met:
(1) Phasing Timelines. The first phase sub-
mitted for final subdivision approval must be completed
prior to the expiration of the preliminary plat (five (5)
years or as otherwise defined by RCW 58.17.140). For
each subsequent phase, required infrastructure shall be
completed and a final subdivision application shall be
submitted within two (2) years of the date of the previ-
ous phase’s final subdivision approval. No project shall
include more than a maximum of four (4) phases. Pro-
vided no extensions are granted, this allows for a total of
eleven (11) years for project completion.
(2) Phasing Plan. A phasing plan must be sub-
mitted and approved with the preliminary subdivision
application and must include a minimum of the follow-
ing materials:
(i) The proposed time limits for each
phase shall be clearly indicated; and
(ii) The plan shall identify the number,
density of lots, open space areas, parks, roads, and
stormwater facilities to be located and developed in
accordance within each phase. Said feature location and
size shall be clearly identified on the plans; and
(iii) The plan shall include an analysis and
supplemental plans as necessary that identify how each
phase or as established in RCW 58.17.140 will ade-
quately provide for services such as roadway design,
utility, and public service systems, safe walking routes,
stormwater, etc.
(k) Expiration and Extension of Preliminary For-
mal Subdivisions. The approval given to a preliminary
formal subdivision shall expire within five (5) years fol-
(Revised 7/16)20.12-4
20.12.070
lowing approval (or as outlined in RCW 58.17.140),
unless a complete final subdivision application, meeting
the conditions of approval, is submitted to the City prior
to expiration. Should extenuating circumstance arise,
the applicant may apply for a one (1) year extension pro-
vided all of the following criteria are met:
(1) The application for an extension is filed at
least thirty (30) days prior to the preliminary subdivision
expiration; and
(2) No project may receive more than two (2)
extensions for the life of the project. This applies to
standard and phased projects. Each extension shall not
be granted for more than a single, one (1) year exten-
sion; and
(3) The applicant can demonstrate tangible
progress and reasonable diligence being made toward
infrastructure completion such that it is clear that project
completion will occur within the timeline of the exten-
sion requested (no more than one (1) year); and
(4) The applicant demonstrates that the exten-
sion requested is the minimum necessary to finalize the
necessary infrastructure/improvements required for
final subdivision approval; and
(5) The director finds there are no substantial
changes in conditions that would render approval of the
extension contrary to public health, safety or general
welfare. (Ord. 5301 §3 (Exh. B) (part), 2016: Ord. 5261
§2 (part), 2014: Ord. 4980 §1 (part), 2006)
20.12.070 SURVEY REQUIREMENTS.
(a) A Washington State licensed land surveyor
registered pursuant to Chapter 18.43 RCW shall pre-
pare, stamp, and seal all proposed subdivisions.
(b) A survey is required for all final approvals of
subdivisions and shall meet the survey standards of
Chapter 58.09 RCW and Chapter 332-130 WAC.
(c) The surveyor shall certify on the final docu-
ment to be recorded that it is a true and correct represen-
tation of the lands actually surveyed.
(d) Whenever a survey reveals a discrepancy, the
discrepancy shall be noted on the face of the subdivi-
sion. "Discrepancy" means: (1) a boundary hiatus; (2)
an overlapping boundary; or (3) a physical appurte-
nance, which indicates encroachment, lines of posses-
sion, or conflict of title. (Ord. 5301 §3 (Exh. B) (part),
2016: Ord. 4980 §1 (part), 2006)
20.12.080 SUBDIVISION CATEGORIES.
When reference to "subdivision" is made in this
code, it is intended to refer to "short subdivision," "for-
mal subdivision," "and "binding site plan" unless one is
specified.
(a) Short subdivision: a subdivision of nine (9) or
fewer lots. Land within a short subdivision may not be
further divided in any manner within a period of five (5)
years without filing of a final plat, except the original
owner may file an alteration within five (5) years to cre-
ate up to a total of nine (9) lots within the original plat
boundaries.
(b) Formal subdivision: a subdivision of ten (10)
or more lots.
(c) Binding site plan: a land division for commer-
cial and/or industrial developments. (Ord. 5301 §3
(Exh. B) (part), 2016: Ord. 4980 §1 (part), 2006)
20.12.090 REVIEW PROCEDURES AND
APPROVALS.
Each subdivision type is processed as a different
action "type" as described in Chapter 20.02 BMC, Table
040, Project Permit Processing Procedures, and summa-
rized as follows:
(a) Subdivision. Approval of all subdivisions
requires a four (4) step process: approval of a prelimi-
nary subdivision, installation or bonding of required
improvements, approval of the final subdivision, and
recording of the subdivision with the Kitsap County
Auditor.
(1) Short Subdivision.
(i) A preliminary short subdivision:
Type II Director decision.
(ii) A final short subdivision: Type I
Director decision.
a. The final short subdivision shall
be submitted to the Director within five (5) years of the
date that the preliminary approval became final or the
short subdivision shall become null and void.
(2) Formal Subdivision.
(i) A preliminary formal subdivision:
Type III Hearing Examiner decision.
(ii) A final formal subdivision: Type IV
City Council decision.
a. The final formal subdivision
shall be submitted to the Director within five (5) years
of the date that the preliminary approval became final or
as approved through phasing and/or timeline extensions
per BMC 20.12.060, General Provisions. Should the
project fail to comply with these timelines, the formal
subdivision shall become null and void.
b. The following signatures on the
final plat Mylar are required before the Director can
submit the final plat to the City Council:
i. Director. Whose signature
approves compliance with all terms of the preliminary
plat approval of the proposed plat subdivision or dedica-
tion.
ii. City Engineer. Whose signature
approves the layout of streets, alleys and other rights-of-
way, design of bridges, sewage and water systems and
other structures. Additionally, the City Engineer’s sig-
20.12-5 (Revised 7/16)
Bremerton Municipal Code 20.12.110
nature approves the adequacy of the proposed means of
sewage disposal and water supply if City services are
provided.
iii. Kitsap County Health District.
Whose signature approves the adequacy of the proposed
means of sewage disposal and water supply if City ser-
vices are not provided.
iv. Kitsap County Treasurer. Whose
signature confirms a statement that all taxes and delin-
quent assessments for which the property may be liable
as of the date of certification have been duly paid, satis-
fied or discharged.
v. Property Owner. Whose signa-
ture confirms a statement that the subdivision has been
made with the free consent and in accordance with the
desires of the owner(s).
(3) Binding Site Plan.
(i) A preliminary binding site plan -
Type II Director decision.
(ii) A final binding site plan - Type I
Director decision.
a. The final binding site plan shall
be submitted to the Director within two (2) years of the
date that the preliminary approval became final or the
binding site plan shall become null and void.
b. The following signatures on the
binding site plan Mylar are required before the Director
can approve the final binding site plan:
i. City Engineer. Whose signature
approves the layout of streets, alleys and other rights-of-
way, design of bridges, sewage and water systems and
other structures. Additionally, the City Engineer’s sig-
nature approves the adequacy of the proposed means of
sewage disposal and water supply if City services are
provided.
ii. Kitsap County Health District.
Whose signature approves the adequacy of the proposed
means of sewage disposal and water supply if City ser-
vices are not provided.
iii. Kitsap County Treasurer. Whose
signature confirms a statement that all taxes and delin-
quent assessments for which the property may be liable
as of the date of certification have been duly paid, satis-
fied or discharged.
iv. Property Owner. Whose signa-
ture confirms a statement that the division of land has
been made with the free consent and in accordance with
the desires of the owner(s). (Ord. 5301 §3 (Exh. B)
(part), 2016: Ord. 5261 §2 (part), 2014; Ord. 4980 §1
(part), 2006)
20.12.100 APPROVAL CRITERIA -
PRELIMINARY SUBDIVISION.
The following criteria shall be used to review and
approve preliminary short subdivisions, formal subdivi-
sions, and binding site plans:
(a) The subdivision is in conformance with the
Comprehensive Plan, Shoreline Master Program, and
any other City-adopted plans;
(b) Provisions have been made for water, storm
drainage, erosion control and sanitary sewage disposal
for the subdivision that are consistent with current stan-
dards and plans as adopted in City code or ordinance;
(c) Provisions have been made for roads, utilities,
street lighting, street trees and other improvements that
are consistent with the zoning code and Engineering
Standards;
(d) Provisions have been made for dedications,
easements and reservations;
(e) The design, shape and orientation of the pro-
posed lots are appropriate to the proposed use. In addi-
tion to meeting the minimum lot size density
requirement, each residential lot must provide a build-
ing envelope. Therefore, corner lots, lots with ease-
ments, or lots with environmental constraints may have
to be larger than other lots in the subdivision;
(f) The subdivision complies with the relevant
requirements of the zoning code and all other relevant
local regulations;
(g) Appropriate provisions are made to address all
impacts identified by any special reports that have been
prepared;
(h) Appropriate provisions for maintenance and
monitoring of privately owned common facilities have
been made;
(i) Appropriate provisions, in accordance with
RCW 58.17.110, are made for:
(1) The public health, safety, and general wel-
fare and for such open spaces, drainage ways, streets or
roads, alleys or other public ways, transit stops, potable
water supplies, sanitary wastes, parks and recreation,
playgrounds, schools and school grounds and all other
relevant facts, including sidewalks and other planning
features that assure safe walking conditions for students
who only walk to and from school; and
(2) The public use and interest will be served
by the platting of such subdivision and dedication. (Ord.
5301 §3 (Exh. B) (part), 2016: Ord. 4980 §1 (part),
2006)
20.12.110 SUBMITTAL REQUIREMENTS -
PRELIMINARY SUBDIVISION.
An applicant seeking approval of a short subdivi-
sion, formal subdivision, or binding site plan must sub-
mit a complete application requesting approval. It is the
responsibility of the applicant to provide all of the nec-
(Revised 7/16)20.12-6
20.12.120
essary information before the application is processed.
In conjunction with the appropriate fee, a complete
application for a preliminary subdivision approval shall
contain, but is not limited to, the following:
(a) Application Form and Project Narrative
Description. Application shall be made on the appropri-
ate forms prescribed by the Department and shall be
signed and dated by the property owner or authorized
agent. When an authorized agent is involved, they shall
provide proof they represent the legal interests of the
property owner. The application shall contain each of
the following:
(1) The name, address and telephone number
of the applicant and person(s) to be contacted;
(2) The Kitsap County Assessor’s tax identifi-
cation number;
(3) The name, address and telephone number
of the owner(s) of the property;
(4) Address or location of the property to be
subdivided;
(5) Legal description of the property;
(6) The name of the school district serving the
development;
(7) The existing zone classification;
(8) The existing shoreline environmental des-
ignation if any land is within two hundred (200) feet of
the shoreline;
(9) Approximate project site lot area in acres;
(10)The range of lot sizes in square feet.
(b) Preliminary Plan. Seven (7) copies of the pre-
liminary plat/short plat/binding site plan drawn to scale.
The preliminary plan shall contain the following illus-
trations (multiple sheets may be used in order to provide
clarity):
(1) Location of the site by section, township,
range;
(2) North arrow, scale and the boundary of the
lands being subdivided;
(3) Approximate boundaries of all blocks, the
designation of lots, lot lines, and dimensions;
(4) The name of any adjacent subdivisions;
(5) The approximate location, names and
width of all existing and proposed streets, roads and
access easements within the boundaries of the lands
being subdivided and adjacent lots;
(6) The location of existing and proposed
improvements such as stormwater facilities, sidewalks,
utilities, power poles, etc., within the boundaries of the
lands being subdivided and adjacent lots;
(7) The location of transit stops within one
hundred (100) feet of the boundaries of the lands being
divided;
(8) All existing and/or proposed easements or
divisions proposed to be dedicated for any public pur-
pose or for the common use of the property owners of
the lands being subdivided;
(9) A full and correct description of the lands
being subdivided;
(10)Approximate location of existing struc-
tures, septic tanks, drain fields, wells and other improve-
ments located on the site and whether such structures are
proposed to remain on the property;
(11)Shorelines, streams, wetlands, wildlife
habitats and geologically hazardous areas as defined in
Chapter 20.14 BMC, Critical Areas, and the Shoreline
Master Program;
(12)Topographical information showing gen-
eral slope information when existing slopes are greater
than ten (10) percent.
(c) Reduced Preliminary Plan. An eleven (11) inch
by seventeen (17) inch reproducible copy of the prelim-
inary site plan containing the information prescribed in
subsection (b) of this section.
(d) Vicinity Map. A copy of the Kitsap County
Assessor’s map showing the location of the existing par-
cel number of all abutting properties and the approxi-
mate location of the subject property clearly marked.
(e) Title Report. A title report issued within thirty
(30) days of application, showing all persons having an
ownership interest, a legal description describing exte-
rior boundary of application site and listing all encum-
brances affecting the site.
(f) Notice. Public notice packet as required by the
corresponding application.
(g) SEPA. Environmental (SEPA) checklist if the
division of land is not exempt under WAC 197-11-800.
(h) Water and Sewer Availability. Information on
the availability of sewer and water services from the
City Public Works Department or Kitsap County Health
District.
(i) Other Information. Any related information
and/or studies (including but not limited to stormwater
report, traffic study, or geotechnical report) required by
other provisions of the Bremerton Municipal Code,
identified in the presubmittal conference meeting, or
deemed necessary by the Director. (Ord. 5301 §3 (Exh.
B) (part), 2016: Ord. 4980 §1 (part), 2006)
20.12.120 APPROVAL CRITERIA - FINAL
SUBDIVISION.
The following criteria shall be used to review and
approve final subdivisions:
(a) Conforms to all terms of the preliminary subdi-
vision approval;
(b) Meets all zoning and engineering require-
ments;
(c) Meets all requirements of this chapter;
(d) Meets all applicable local and State laws that
were in effect at the time of vesting; and
20.12-7 (Revised 7/16)
Bremerton Municipal Code 20.12.140
(e) Improvements have been constructed or
bonded at one hundred fifty (150) percent of estimated
construction value. (Ord. 5301 §3 (Exh. B) (part), 2016:
Ord. 4980 §1 (part), 2006)
20.12.130 SUBMITTAL REQUIREMENTS -
FINAL SUBDIVISION.
An applicant seeking final approval of a short sub-
division, formal subdivision, or binding site plan must
submit a complete application requesting approval. It is
the responsibility of the applicant to provide all of the
necessary information before the application is pro-
cessed. In conjunction with the appropriate fee a com-
plete application for a final subdivision approval shall
contain, but is not limited to, the following:
(a) Application Form. Application shall be made
on the appropriate forms prescribed by the Department
and shall be signed and dated by the property owner or
authorized agent. When an authorized agent is involved,
they shall provide proof they represent the legal interests
of the property owner.
(b) Final Plan. The final plan shall be an original
that is legibly drawn in black ink on Mylar and is suit-
able for producing legible prints through scanning,
microfilming or other standard copying procedures. The
map shall measure eighteen (18) inches by twenty-four
(24) inches and shall include all of the following:
(1) Drawn to scale at no less than one (1) inch
to two hundred (200) feet and the scale shall be shown
on the drawing;
(2) Include the date, title, name and location
of the subject property, graphic scale and true north
point;
(3) Complete legal description of the lands
being divided;
(4) The location of all existing fences, struc-
tures, and other improvements;
(5) The location of any lakes, ponds, wet-
lands, streams, creeks, and slopes (top and toe and per-
centage of slope) greater than forty (40) percent;
(6) Show the location of utilities, streets and
easements within or abutting the subject property;
(7) Display the lines of all streets and roads,
alley lines, lot lines, lot and blocks numbered in numer-
ical order, reservations, easements, and any areas to be
dedicated to public use, with notes stating their purpose
and any limitations;
(8) Contain data sufficient to determine read-
ily and reproduce on the ground the location, bearing,
and length of every street, easement line, lot line, bound-
ary line and block line on site;
(9) Include dimensions;
(10)Include section subdivision information.
Methods and data used for corner reestablishment or
section subdivision shall be stated on plat;
(11) When applicable, display all interior per-
manent control monuments located as determined by the
City Engineer’s office. All monuments and property
corners shall be installed prior to the release of any
bond;
(12) If the subdivision includes a dedication,
the following statements shall be included:
(i) The dedication of all streets and other
areas to the public, and individual or individuals, reli-
gious society or societies, or to any corporation, public
or private, as shown on the plat;
(ii) A waiver of all claims for damages
against any governmental authority which may be occa-
sioned to the adjacent land by the established construc-
tion, drainage and maintenance of said road;
(13) Said statements shall be signed and
acknowledged before a notary public by all parties hav-
ing any interest in the lands subdivided;
(14) Addressing of the individual lots;
(15) Certificate for the approval signatures
detailed in BMC 20.12.090;
(16) Treasurer’s certificate to ensure payment
of taxes; and
(17) Other information requested during the
preliminary approval.
(c) Lot Numbering. Lots shall be consecutively
numbered; tracts shall be lettered alphabetically and in
consecutive order.
(d) Plat Certificates. Three (3) plat certificates for
the real property shall accompany the final plat.
(e) Lot Closures. Perimeter lot closures for all lots,
tracts, and the exterior boundary of the subdivision shall
accompany the final plat.
(f) Addressing. Addresses of the individual lots
shall be obtained from the Public Works Department.
(g) Dedications. Dedications of right-of-way are
pursuant to Chapter 11.12 BMC, Transportation Devel-
opment Code. (Ord. 5301 §3 (Exh. B) (part), 2016: Ord.
4980 §1 (part), 2006)
20.12.140 MODIFICATIONS TO
PRELIMINARY SUBDIVISION
APPROVAL.
(a) Minor Amendments. At any time after prelim-
inary subdivision approval, and before final subdivision
approval, the applicant may submit an application that
proposes minor amendments to the approved prelimi-
nary subdivision. Minor amendments are allowed for
short and formal subdivisions and are processed admin-
istratively by the Department. To obtain approval the
Director must make a written determination finding that
all of the following criteria have been met:
(1) The revision(s) do not substantially
change any conditions of approval established in the
preliminary subdivision approval; and
(Revised 7/16)20.12-8
20.12.150
(2) The revision(s) will not cause the subdivi-
sion to violate any applicable City policy or regulation
nor will they be inconsistent with the findings and con-
clusions of the preliminary subdivision decision; and
(3) The revision(s) do not decrease the total
number of lots within the subdivision by more than five
(5) lots, nor does the reduction violate any density
requirements. In no case shall an increase of units be
permitted through the amendment process; and
(4) The revision(s) do not alter the external
boundaries of the project, such that the location and
external perimeter of the subdivision remains
unchanged; and
(5) The revision(s) do not represent a change
of more than ten (10) percent to any individual feature
such as but not limited to: the location or amount of
open space, design or location of stormwater systems, or
roadways; and
(6) The revision(s) do not result in the reloca-
tion of any roadway access point to an exterior street
from the subdivision; and
(7) The revision(s) do not propose phasing of
subdivision development not previously approved; and
(8) The revision(s) do not increase any
adverse impacts or undesirable effects of the subdivi-
sion on the community or surrounding area.
(b) Minor Amendment Application Process. An
application for a minor subdivision amendment may be
made at any time until the preliminary subdivision
approval has expired pursuant to BMC 20.12.060.
Amendment applications shall comply with the follow-
ing:
(1) An amended subdivision proposal shall be
submitted on the appropriate application required by the
Department and shall include all applicable information
as identified for a preliminary subdivision as outlined in
BMC 20.12.110.
(2) The Director shall have the discretion to
determine if a new SEPA checklist application, storm-
water, transportation, geotechnical, or other studies
need to be revised or updated.
(3) An approval for a subdivision amendment
shall expire at the same time as the original preliminary
subdivision approval unless the expiration date is
extended pursuant to BMC 20.12.060(k).
(c) Major Amendments. Revisions that do not
conform to all the criteria of a minor amendment (out-
lined above in subsection (a) of this section) constitute a
major amendment and shall not be permitted through the
minor amendment process set forth in subsection (b) of
this section. Major amendments shall be processed as a
new preliminary subdivision application and shall vest
to the codes in effect at the time the new application is
deemed complete. All application materials required for
a preliminary subdivision outlined in BMC 20.12.110
shall be required and the Director shall have the discre-
tion to determine if application materials, technical
reports, and studies from the previous application may
be used, or if new or updated reports will be required.
(Ord. 5301 §3 (Exh. B) (part), 2016: Ord. 5261 §2
(part), 2014: Ord. 4980 §1 (part), 2006)
20.12.150 RECORDING FINAL
SUBDIVISIONS.
All final subdivisions shall be filed for record with
the office of the Kitsap County Auditor. The applicant
shall furnish one (1) copy of the recorded document to
the Department and one (1) copy shall be filed with the
office of the Kitsap County Assessor. (Ord. 5301 §3
(Exh. B) (part), 2016: Ord. 4980 §1 (part), 2006)
20.12.160 EXPIRATION OF FINAL
SUBDIVISION APPROVALS.
Approvals of final subdivisions shall automatically
expire if the plans are not recorded within one (1) year
of the written approval date. (Ord. 5301 §3 (Exh. B)
(part), 2016: Ord. 4980 §1 (part), 2006)
20.12.170 SUBDIVISION VESTING.
Subdivisions shall be governed by the statutes,
ordinances, and regulations in effect at the time of com-
plete application for preliminary subdivision and will
continue to be vested for a period of five (5) years after
the final subdivision approval. (Ord. 5301 §3 (Exh. B)
(part), 2016: Ord. 4980 §1 (part), 2006)
20.12.180 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 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).
(c) This chapter shall not be construed to relieve
from or lessen the responsibility of any person owning
any land or building, constructing or modifying any sub-
divisions in the City for damages to anyone injured or
damaged either in person or property by any defect
therein; nor shall the City or any agent thereof be held as
assuming such liability by reason of any preliminary or
final approval or by issuance of any permits or certifi-
cates authorized herein. (Ord. 5301 §3 (Exh. B) (part),
2016: Ord. 4980 §1 (part), 2006)
20.14-1 (Revised 7/16)
Bremerton Municipal Code 20.14.115
Chapter 20.14
CRITICAL AREAS
Sections:
20.14.100 GENERAL PROVISIONS.
20.14.110 PURPOSE.
20.14.115 INTENT.
20.14.120 SCOPE AND APPLICABILITY.
20.14.125 RELATIONSHIP TO OTHER
REGULATIONS.
20.14.130 ADMINISTRATION AND
PROCEDURES.
20.14.140 APPEALS.
20.14.145 EXEMPTIONS.
20.14.150 PUBLIC AGENCY EXCEPTION.
20.14.155 REASONABLE USE
EXCEPTION.
20.14.160 NONCONFORMING
USES/STRUCTURES.
20.14.165 BONDS.
20.14.170 ENFORCEMENT.
20.14.175 VIOLATION - PENALTY.
20.14.180 SEVERABILITY.
20.14.190 TREE REMOVAL.
20.14.200 DEFINITIONS.
20.14.300 WETLANDS.
20.14.310 DESCRIPTION AND PURPOSE.
20.14.320 CLASSIFICATION AND
DESIGNATION.
20.14.330 DEVELOPMENT STANDARDS -
WETLANDS.
20.14.340 MITIGATION
REQUIREMENTS -
WETLANDS.
20.14.350 PERFORMANCE STANDARDS -
SUBDIVISIONS.
20.14.360 WETLAND REPORT.
20.14.400 CRITICAL AQUIFER
RECHARGE AREAS.
20.14.410 DESCRIPTION AND PURPOSE.
20.14.420 CLASSIFICATION AND
DESIGNATION.
20.14.430 DEVELOPMENT STANDARDS.
20.14.440 ALLOWED USES WITH
PERFORMANCE STANDARDS.
20.14.450 HYDROGEOLOGIC
ASSESSMENT.
20.14.500 FREQUENTLY FLOODED
AREAS.
20.14.510 DESCRIPTION AND PURPOSE.
20.14.520 CLASSIFICATION AND
DESIGNATION.
20.14.530 DEVELOPMENT STANDARDS.
20.14.600 GEOLOGICALLY
HAZARDOUS AREAS.
20.14.610 PURPOSE.
20.14.620 CLASSIFICATION.
20.14.630 DEVELOPMENT STANDARDS.
20.14.650 MITIGATION,
PERFORMANCE STANDARDS
AND REQUIREMENTS.
20.14.660 SPECIAL REPORTS.
20.14.700 FISH AND WILDLIFE
HABITAT CONSERVATION
AREAS.
20.14.710 DESCRIPTION AND PURPOSE.
20.14.720 CLASSIFICATION AND
DESIGNATION OF FISH AND
WILDLIFE HABITAT
CONSERVATION AREAS.
20.14.730 DEVELOPMENT STANDARDS.
20.14.740 SPECIAL REPORTS.
20.14.750 MITIGATION STANDARDS
AND CRITERIA.
20.14.760 MONITORING AND
CONTINGENCY PLAN.
20.14.100 GENERAL PROVISIONS.
BMC 20.14.100 through 20.14.175 are general pro-
visions pertaining to critical areas. (Ord. 5301 §3 (Exh.
B) (part), 2016: Ord. 4965 §7 (part), 2006)
20.14.110 PURPOSE.
The purpose of this chapter is to protect the public
health, safety, and welfare by establishing provisions to
classify, protect, and preserve Bremerton’s critical areas
and their functions and values by providing standards
for development in association with these areas. The
identification and protection of critical areas is required
by the Washington State Growth Management Act of
1990 (Chapter 17, Laws of 1990). (Ord. 5301 §3 (Exh.
B) (part), 2016: Ord. 4965 §7 (part), 2006)
20.14.115 INTENT.
Critical areas include wetlands, critical aquifer
recharge areas, frequently flooded areas, geologically
hazardous areas, and fish and wildlife habitat conserva-
tion areas. The intent of this chapter is to preserve the
beneficial functions and values of critical areas, and to
minimize potential dangers or public costs associated
with the inappropriate use of such areas, and to manage
development in or adjacent to critical areas. This chapter
contains classification criteria and preservation stan-
dards for each type of critical area. Classification crite-
ria identify physical characteristics by which critical
areas are designated. Preservation standards protect crit-
ical areas from degradation caused by improper devel-
opment. These criteria and standards will secure the
public health, safety and welfare by:
(Revised 7/16)20.14-2
20.14.120
(a) Reducing risk of damage due to erosion, flood-
ing, and landslides;
(b) Reducing the risks to the public from personal
injury, loss of life, or property damage;
(c) Maintaining surface water quality and protect-
ing groundwater areas which help recharge (purify or
resupply) rivers, streams, and aquifers;
(d) Maintaining and protecting priority fish and
wildlife habitats;
(e) Maintaining and protecting the habitat of
threatened and endangered wildlife species;
(f) Avoiding public expenditures to correct dam-
aged or degraded critical ecosystems;
(g) Alerting appraisers, assessors, owners, poten-
tial buyers, or lessees to the potential presence of a crit-
ical ecosystem and possible development limitations;
(h) Providing flexibility and attention to site-spe-
cific characteristics when administering code, allowing
for reasonable use of private property and the provision
of public facilities and services necessary to support
existing development;
(i) Applying the best available science, as deter-
mined according to WAC 365-195-900 through 365-
195-925;
(j) Implementing the goals, policies, guidelines,
and requirements of Bremerton’s Comprehensive Plan
and the Washington State Growth Management Act.
(Ord. 5301 §3 (Exh. B) (part), 2016: Ord. 4965 §7
(part), 2006)
20.14.120 SCOPE AND APPLICABILITY.
(a) General. This chapter applies to any public or
private activity or action which would alter the condi-
tion of any land, water or vegetation, or construct or
alter any structure or improvement regulated by this
title, on any land which meets the classification stan-
dards for any critical area defined herein. Such activities
or actions include, but are not limited to:
(1) Building, demolition, clearing, grubbing,
grading, filling;
(2) Subdivisions and short plats;
(3) Reclassifications, site plan approvals,
shoreline substantial development permits, and special
and conditional use permits;
(4) Temporary use permits, variances, excep-
tions and waivers.
(b) Where one (1) site is classified as containing
two (2) or more critical areas, the project shall meet the
minimum standards and requirements for each identi-
fied critical area as set forth in this chapter.
(c) Mapping. Critical areas may be located
through the use of any and all information from the
United States Department of Agriculture, Department of
Fish and Wildlife, National Resources Conservation
Service, the United States Geological Survey, the Wash-
ington Department of Ecology, the Coastal Zone Atlas,
the National Wetlands Inventory maps, Bremerton
topography maps, the Kitsap County Generalized Wet-
land and Critical Areas Inventory maps, Kitsap Public
Utilities District maps, and Kitsap County Assessor’s
maps, and other Geographical Information Systems
(GIS) data provided by Kitsap County. The above-listed
maps and data sources are only guidelines available for
reference. The actual location of critical areas must be
determined on a site-by-site basis according to the clas-
sification criteria found in this chapter. (Ord. 5301 §3
(Exh. B) (part), 2016: Ord. 4965 §7 (part), 2006)
20.14.125 RELATIONSHIP TO OTHER
REGULATIONS.
Applications for permits and approvals are subject
to the provisions of this chapter as well as to other pro-
visions of state and City law, including all other chapters
of BMC Title 20, Land Use Code. Where this chapter
imposes greater restrictions than existing regulations,
easements, covenants or deed restrictions, the provi-
sions of this chapter shall prevail. (Ord. 5301 §3 (Exh.
B) (part), 2016: Ord. 4965 §7 (part), 2006)
20.14.130 ADMINISTRATION AND
PROCEDURES.
The requirements and criteria of this chapter shall
be applied at the time of application for any develop-
ment proposal, land use project or nonproject action
requiring permit approval subject to the BMC. The
requirements and criteria of this chapter shall be applied
in conjunction with review for permits required by other
chapters of the BMC. Procedures specifically related to
the application of this chapter are as follows:
(a) Project Permits. The procedures as set forth in
Chapter 20.02 BMC, Project Permits, shall apply unless
modified by this chapter.
(b) Presubmittal Conference. Any applicant
intending to construct, grade or conduct any activity
subject to this chapter in a critical area or its buffer is
encouraged to schedule a presubmittal conference
during the earliest possible stages of project planning to
discuss impact avoidance before large commitments
have been made to a particular project design. Effort put
into presubmittal conferences and planning will help
applicants create projects which will be more quickly
and easily processed.
(c) Burden of Proof. Applications for any proposal
subject to this chapter shall be reviewed by the Depart-
ment of Community Development for completeness and
consistency with this chapter. At every stage, the burden
of proof demonstrating that any proposed development
is consistent with this title is upon the applicant.
(d) Special Reports. When a critical area is on site,
or the Department of Community Development deter-
mines a likelihood that a critical area is on site, the
Department may require submittal of additional special
reports and studies prepared by qualified specialists to
20.14-3 (Revised 7/16)
Bremerton Municipal Code 20.14.145
make an assessment or delineation of the critical area.
Sections of this chapter include detailed procedures for
preparation of special reports.
(e) Site Plan. Applications for any proposal sub-
ject to this chapter shall include a site plan drawn to
scale identifying locations of critical areas in addition to
proposed structures and activities. Site plan submittal
shall meet the standards of BMC 20.58.080, Site Plan
Review.
(f) Conditions. The Director may attach any con-
ditions deemed necessary to minimize or avoid impacts
to any critical area in order to meet the requirements and
intent of this chapter. Development may be prohibited in
a proposed site based on criteria set forth in this chapter.
(g) Notice to Title and Hold Harmless. The owner
of any property upon which approval under BMC Title
20, or BMC Title 17, is sought, with a critical area or
critical area buffer verified on site through an assess-
ment delineation or permit application, shall record a
"Notice to Title" of the presence of the critical area
and/or buffer with the Kitsap County Auditor when
required by the Department. The Department may
require recording of a "Notice to Title and Hold Harm-
less" in cases where a site-specific critical area could
pose potential threats to safety or property if altered
through future acts. Said document shall also serve as a
hold harmless and covenant holding the City harmless
from claims due to soil disturbances or any development
on the property in conjunction with issuance of develop-
ment permits by the City. The notice shall be notarized
and the applicant must submit proof that the notice has
been legally recorded before the final approval for
development is issued.
(h) Time Limit. The approvals granted under this
chapter shall be valid for the same time period as the
underlying permit (e.g., preliminary plat, building per-
mit, etc.). If the underlying permit does not contain a
specified expiration date, then approvals granted under
this title shall be valid for a period of three (3) years
from the date of issue, unless a longer or shorter period
is specified by the Department.
(i) Activities Not Requiring a Permit. If an activ-
ity is subject to this chapter per BMC 20.14.120 but is
not subject to any established City permit, the proponent
shall obtain written authorization from the Department
prior to commencement to ensure compliance with the
chapter.
(j) Modifications and Reductions. Modifications
or reductions to critical areas buffers, setbacks, or other
standards through a site-specific or special report shall
be processed as a Type I (for applications where the
underlying permit does not require SEPA) or Type II
(for applications where the underlying permit requires
SEPA) decision per BMC 20.02.040, Table 040. (Ord.
5301 §3 (Exh. B) (part), 2016: Ord. 4965 §7 (part),
2006)
20.14.140 APPEALS.
An appeal of a decision regarding a critical area
may be made in accordance with BMC 20.02.140. (Ord.
5301 §3 (Exh. B) (part), 2016: Ord. 4965 §7 (part),
2006)
20.14.145 EXEMPTIONS.
An exemption means that an activity is fully
exempt from critical areas review, and not subject to the
provisions of this chapter. The proponent of the activity
may submit a written request for exemption to the
Director that describes the activity and states the exemp-
tion listed in this section that applies. The Director shall
review the request to verify that it complies with this
chapter and approve or deny the exemption as a Type I
administrative determination. All exempted activities
shall use best management practices to the greatest pos-
sible extent to avoid potential impacts to critical areas.
The following developments, activities and associated
uses shall be exempt:
(a) Emergencies. Emergency activities are those
activities necessary to prevent an immediate threat to
public health, safety or welfare, or that pose an immedi-
ate risk of damage to property and that require remedial
or preventative action in a short time frame. The person
or agency undertaking such action shall notify the
Department, and the Director shall determine if the
action taken is within the scope of the emergency action
allowed in this section. After the emergency, the person
or agency shall fully restore and/or mitigate any impacts
to the critical areas and buffers resulting from the action
in accordance with an approved critical area report and
mitigation plan.
(b) Operation Maintenance or Repair. Operation
maintenance or repair of existing structures not requir-
ing permits, if the activity does not further alter or
increase the impact to critical areas or their buffers.
(c) Passive Outdoor Activities. Recreation, educa-
tion, and scientific research activities that do not
degrade the critical area.
(d) Forest Practices. Forest practices regulated and
conducted in accordance with the provisions of Chapter
76.09 RCW and forest practices regulations, WAC Title
222.
(e) Existing Infrastructure Maintenance and
Repair. Maintenance and repair of legally existing
roads, utilities, infrastructure and associated facilities.
(f) Activities Within the Improved Right-of-Way.
Construction of new utility facilities, improvements or
upgrades to existing utility facilities that take place
within existing improved rights-of-way or existing
impervious surfaces that do not increase the amount of
impervious surface. (Ord. 5301 §3 (Exh. B) (part), 2016:
Ord. 4965 §7 (part), 2006)
(Revised 7/16)20.14-4
20.14.150
20.14.150 PUBLIC AGENCY EXCEPTION.
An exception means that an activity may receive
special consideration and relief from certain provisions
of this chapter, but the activity is subject to the chapter,
and must undergo full critical areas review. Public agen-
cies may make an application for exception to the
Department for construction of items such as new roads,
utilities, infrastructure and associated facilities. The
application shall include critical area identification; crit-
ical area report, including mitigation plan if necessary;
and any other related project documents such as envi-
ronmental documents pursuant to SEPA, Chapter
43.21C RCW. The decision whether to grant the public
agency utility exception shall be processed as a Type III
Hearing Examiner decision per Chapter 20.02 BMC
pursuant to the following review criteria:
(a) There is no other practical alternative to the
proposed development with less impact on the critical
areas; and
(b) The application of this chapter would unrea-
sonably restrict the ability to provide utility services to
the public. (Ord. 5301 §3 (Exh. B) (part), 2016: Ord.
4965 §7 (part), 2006)
20.14.155 REASONABLE USE EXCEPTION.
An exception means that an activity may receive
special consideration and relief from certain provisions
of this chapter, but the activity is subject to the chapter,
and must undergo full critical areas review. An appli-
cant may apply for a reasonable use exception if it can
be demonstrated that application of this chapter would
deny all reasonable use of the subject property. The
application shall include critical areas identification;
critical areas report including mitigation plan, if neces-
sary; and any other related project documents such as
environmental documents and special studies. The deci-
sion whether to grant the reasonable use exception shall
be processed as a Type III Hearing Examiner decision
per BMC 20.02.110 pursuant to the following review
criteria:
(a) The application of this chapter would deny all
reasonable use of the property;
(b) No other reasonable use of the property has
less impact on the critical area;
(c) Any alteration is the minimum necessary to
allow for reasonable use of the property; and
(d) The inability of the applicant to derive reason-
able use of the property is not the result of actions by the
applicant after the effective date of this title or its prede-
cessor. (Ord. 5301 §3 (Exh. B) (part), 2016: Ord. 4965
§7 (part), 2006)
20.14.160 NONCONFORMING
USES/STRUCTURES.
An established use or existing structure that was
lawfully permitted prior to the adoption of this chapter,
but which is not in compliance with this chapter, may
continue subject to the provisions of Chapter 20.54
BMC. (Ord. 5301 §3 (Exh. B) (part), 2016: Ord. 4965
§7 (part), 2006)
20.14.165 BONDS.
All bonds and acceptable securities guaranteeing
compliance with this chapter shall be set in the amount
of one hundred fifty (150) percent of the average
expected value of the project. The value of the bond
shall be based on the average of three (3) contract bids
that establish all costs of compensation, including costs
relative to performance, monitoring, maintenance, and
provision for contingency plans.
(a) Performance Bonds. Except for public agen-
cies, applicants receiving a permit are required to post a
cash performance bond or other acceptable security to
guarantee compliance with this chapter prior to begin-
ning any site work. The surety shall guarantee that work
and materials used in construction are free from defects.
All bonds shall be approved by the City Attorney. The
surety or bonds cannot be terminated or canceled with-
out written approval. The Director shall release the bond
after documented proof that all structures and improve-
ments have been shown to meet the requirements of this
chapter and that a maintenance bond has been posted, if
required.
(b) Maintenance Bonds. Except for public agen-
cies, an applicant shall be required to post a cash main-
tenance bond or other acceptable security guaranteeing
that structures and improvements required by this chap-
ter will perform satisfactorily for a minimum of three (3)
years after they have been constructed and approved.
All bonds shall be on a form approved by the City Attor-
ney. Without written release, the bond cannot be can-
celed or terminated. The Director shall release the bond
after determination that the performance standards
established for measuring the effectiveness and success
of the project have been met. (Ord. 5301 §3 (Exh. B)
(part), 2016: Ord. 4965 §7 (part), 2006)
20.14.170 ENFORCEMENT.
(a) No regulated activity, as defined in BMC
20.14.200, shall be conducted without a permit and
without full compliance with this chapter. All activities
not allowed or conditionally approved shall be prohib-
ited.
(b) The Director shall have authority to enforce
this chapter, issue delineation verifications, permits, and
violation notices, and process violations through the use
of administrative orders and/or civil and criminal
actions as provided for herein, and as listed in BMC
20.40.180.
(c) In the event of violation, the City shall have the
authority to order restoration, enhancement, or creation
measures to compensate for the destroyed or degraded
20.14-5 (Revised 7/16)
Bremerton Municipal Code 20.14.200
critical area. If work is not completed in a reasonable
time following the order, the City may implement a pro-
cess to restore or enhance the affected site. This includes
creation of new wetlands or streams to offset loss as a
result of violation of the provisions in this chapter. The
violator shall be liable for all costs of such action,
including administrative costs.
(d) Failure to comply with an administrative order
of the Director under this section shall constitute a vio-
lation subject to enforcement pursuant to this section.
(Ord. 5301 §3 (Exh. B) (part), 2016: Ord. 4965 §7
(part), 2006)
20.14.175 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. 5301
§3 (Exh. B) (part), 2016: Ord. 4965 §7 (part), 2006)
20.14.180 SEVERABILITY.
If any clause, sentence, paragraph, section, or part
of this chapter or the application thereof to any person
or circumstances shall be adjudged by any court of com-
petent jurisdiction to be invalid, such order or judgment
shall be confined in its operation to the controversy in
which it was rendered and shall not affect or invalidate
the remainder of any part thereof to any other person or
circumstances, and to this end, the provisions of each
clause, sentence, paragraph, section or part of this chap-
ter are hereby declared to be severable. (Ord. 5301 §3
(Exh. B) (part), 2016: Ord. 4965 §7 (part), 2006)
20.14.190 TREE REMOVAL.
Trees and other vegetation are important elements
of the physical environment, especially those located
within or near critical areas. This section addresses
removing trees within critical areas or their associated
buffers. Removal of trees within geological hazardous
area shall also comply with BMC 20.14.630(e) and (f).
(a) Elimination of Danger Trees. Removal of dan-
ger trees within the critical area or associated buffers
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.
(b) Tree Replacement. Trees removed from the
critical area or associated buffers, including danger
trees, must comply with the following provisions:
(1) Removal of trees greater than six (6)
inches in diameter at four (4) feet in height shall be
replaced at a ratio of three to one (3:1) with native spe-
cies and shall be reestablished within any required buf-
fer on the project site.
(2) Shoreline Jurisdiction. Properties located
within the City’s shoreline jurisdiction are subject to
additional tree removal and replacement standards if the
tree(s) to be removed are located within the required
shoreline buffer. See Shoreline Master Program Section
7.020 for additional standards. (Ord. 5301 §3 (Exh. B)
(part), 2016)
20.14.200 DEFINITIONS.
Words not defined in this title shall be as defined in
the Bremerton Municipal Code, the Washington
Administrative Code, or the Revised Code of Washing-
ton. Words not found in either code shall be as defined
in Webster’s Third New International Dictionary, latest
edition.
"Active fault" means a fault that is considered
likely to undergo renewed movement within a period of
concern to humans. Faults are commonly considered to
be active if the fault has moved one (1) or more times in
the last ten thousand (10,000) years, but faults may also
be considered active in some cases if movement has
occurred in the last five hundred thousand (500,000)
years.
"Adaptive management" relies on scientific meth-
ods to evaluate how well regulatory and nonregulatory
actions protect the critical area. An adaptive manage-
ment program is a formal and deliberate scientific
approach to taking action and obtaining information in
the face of uncertainty.
"Adjacent," for the purposes of this chapter, means
immediately adjoining (in contact with the boundary of
the influence area) or within a distance that is less than
that needed to separate activities from critical areas to
ensure protection of the functions and values of the crit-
ical areas. "Adjacent" shall mean any activity or devel-
opment located:
A. On a site immediately adjoining a critical area;
B. A distance equal to or less than the required
critical area buffer width and building setback;
C. A distance equal to or less than three hundred
(300) feet upland from a stream, wetland, or water body;
D. Bordering or within the floodway, floodplain,
or channel migration zone; or
E. A distance equal to or less than two hundred
(200) feet from a critical aquifer recharge area.
"Advance mitigation" means mitigation of an
anticipated critical area impact or hazard completed
(Revised 7/16)20.14-6
20.14.200
according to an approved critical area report and prior to
site development.
"Agricultural land" means land primarily devoted
to the commercial production of horticultural, viticul-
tural, floricultural, dairy, apiary, or animal products or
of berries, grain, hay, straw, turf, seed, Christmas trees
not subject to the excise tax imposed by RCW 84.33.100
through 84.33.140, or livestock, and/or that has been
designated as long-term commercial significance for
agricultural production.
"Alluvial fan flooding" means flooding occurring
on the surface of an alluvial fan or similar landform
which originates at the apex and is characterized by
high-velocity flows; active processes of erosion, sedi-
ment transport, and deposition; and unpredictable flow
paths.
"Alteration" means any human-induced change in
an existing condition of a critical area or its buffer.
Alterations include, but are not limited to, clearing,
grubbing, grading, filling, channelizing, dredging,
clearing (vegetation), construction, compaction, exca-
vation, or any other activity that changes the character of
the critical area.
"Anadromous fish" means fish that spawn and rear
in freshwater and mature in the marine environment.
While Pacific salmon die after their first spawning, adult
char (bull trout) can live for many years, moving in and
out of saltwater and spawning each year. The life history
of Pacific salmon and char contains critical periods of
time when these fish are more susceptible to environ-
mental and physical damage than at other times. The life
history of salmon, for example, contains the following
stages: upstream migration of adults, spawning, inter-
gravel incubation, rearing, smoltification (the time
period needed for juveniles to adjust their body func-
tions to live in the marine environment), downstream
migration, and ocean rearing to adults.
"Applicant" means a person who files an applica-
tion for permit under this title and who is either the
owner of the land on which that proposed activity would
be located, a contract purchaser, or the authorized agent
of such a person.
"Aquifer" means a geological formation, group of
formations, or part of a formation that is capable of
yielding a significant amount of water to a well or
spring.
"Aquifer, confined" means an aquifer bounded
above and below by beds of distinctly lower permeabil-
ity than that of the aquifer itself and that contains
groundwater under sufficient pressure for the water to
rise above the top of the aquifer.
"Aquifer recharge areas" means areas that, due to
the presence of certain soils, geology, and surface water,
act to recharge groundwater by percolation.
"Aquifer, sole source" means an area designated
by the U.S. Environmental Protection Agency under the
Safe Drinking Water Act of 1974, Section 1424(e). The
aquifer(s) must supply fifty (50) percent or more of the
drinking water for an area without a sufficient replace-
ment available.
"Aquifer susceptibility" means the ease with
which contaminants can move from the land surface to
the aquifer based solely on the types of surface and sub-
surface materials in the area. Susceptibility usually
defines the rate at which a contaminant will reach an
aquifer unimpeded by chemical interactions with the
vadose zone media.
"Aquifer, unconfined" means an aquifer not
bounded above by a bed of distinctly lower permeability
than that of the aquifer itself and containing groundwa-
ter under pressure approximately equal to that of the
atmosphere. This term is synonymous with the term
"water table aquifer."
"Area of shallow flooding" means an area desig-
nated AO or AH Zone on the flood insurance map(s).
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.
"Associated wetlands" means those wetlands
which are in proximity to and either influence or are
influenced by tidal waters or a lake or stream subject to
the Shoreline Management Act.
"Base flood" means a flood event having a one (1)
percent chance of being equaled or exceeded in any
given year, also referred to as the one hundred (100)
year flood. Designations of base flood areas on flood
insurance map(s) always include the letters A or V.
"Basement" means any area of the building having
its floor below ground level on all sides.
"Best available science" means current scientific
information used in the process to designate, protect, or
restore critical areas, which is derived from a valid sci-
entific process as defined by WAC 365-195-900
through 365-195-925. Sources of the best available sci-
ence are included in "Citations of Recommended
Sources of Best Available Science for Designating and
Protecting Critical Areas" published by the Washington
State Department of Community, Trade and Economic
Development.
"Best management practices (BMPs)" means
conservation practices or systems of practices and man-
agement measures that:
A. Control soil loss and reduce water quality deg-
radation caused by high concentrations of nutrients, ani-
mal waste, toxics, and sediment;
B. Minimize adverse impacts to surface water and
groundwater flow and circulation patterns and to the
chemical, physical, and biological characteristics of
wetlands;
20.14-7 (Revised 7/16)
Bremerton Municipal Code 20.14.200
C. Protect trees and vegetation designated to be
retained during and following site construction and use
native plant species appropriate to the site for revegeta-
tion of disturbed areas; and
D. Provide standards for proper use of chemical
herbicides within critical areas.
The City shall monitor the application of best man-
agement practices to ensure that the standards and poli-
cies of this title are adhered to.
"Biodiversity" means the variety of animal and
plant life and its ecological processes and interconnec-
tions represented by the richness of ecological systems
and the life that depends on them, including human life
and economies.
"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.
"Buffer" or "buffer zone" means an area that is
contiguous to and protects a critical area which is
required for the continued maintenance, functioning,
and/or structural stability of a critical area.
"Channel migration zone (CMZ)" means the lat-
eral extent of likely movement along a stream or river
during the next one hundred (100) years as determined
by evidence of active stream channel movement over
the past one hundred (100) years. Evidence of active
movement over the one hundred (100) year time frame
can be inferred from aerial photos or from specific chan-
nel and valley bottom characteristics. The time span typ-
ically represents the time it takes to grow mature trees
that can provide functional large woody debris to
streams. A CMZ is not typically present if the valley
width is generally less than two (2) bankfull widths, if
the stream or river is confined by terraces, no current or
historical aerial photographic evidence exists of signifi-
cant channel movement, and there is no field evidence
of secondary channels with recent scour from stream
flow or progressive bank erosion at meander bends.
Areas separated from the active channel by legally exist-
ing artificial channel constraints that limit bank erosion
and channel avulsion without hydraulic connections
shall not be considered within the CMZ.
"Clearing" means the removal of noninvasive sur-
face vegetation including, but not limited to, brush,
shrubs, natural grasses, and trees. Removal of surface
vegetation in quantities greater than the minimum nec-
essary to maintain a well functioning natural habitat
constitutes clearing. For the purposes of this chapter,
activities described in BMC 20.14.630(f), Vegetation
Thinning, constitute clearing.
"Coastal high hazard area" means an area of spe-
cial 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
flood insurance map(s) as Zone V1-30, VE, or V.
"Compensation project" means actions necessary
to replace project-induced critical area and buffer losses,
including land acquisition, planning, construction plans,
monitoring, and contingency actions.
"Compensatory mitigation" means replacing
project-induced losses or impacts to a critical area, and
includes, but is not limited to, the following:
A. "Creation" means actions performed to
intentionally establish a critical area such as a wetland at
a site where it did not formerly exist.
B. "Enhancement" means actions performed
to improve the condition of existing degraded critical
areas such as a wetland so that the functions they pro-
vide are of a higher quality.
C. "Preservation" means actions taken to
ensure the permanent protection of existing, high-qual-
ity critical areas such as wetlands.
D. "Restoration" means actions performed to
reestablish critical areas functional characteristics and
processes that have been lost by alterations, activities, or
catastrophic events within an area that no longer meets
the definition of a wetland.
"Conservation easement" means a legal agree-
ment that the property owner enters into to restrict uses
of the land. Such restrictions can include, but are not
limited to, passive recreation uses such as trails or scien-
tific uses and fences or other barriers to protect habitat.
The easement is recorded on a property deed, runs with
the land, and is legally binding on all present and future
owners of the property, therefore providing permanent
or long-term protection.
"Critical aquifer recharge area" means areas
determined to have a critical recharging effect on aqui-
fers used for potable water as classified per BMC
20.14.420.
"Critical areas" include any of the following areas
or ecosystems: aquifer recharge areas, fish and wildlife
habitat conservation areas, frequently flooded areas,
geologically hazardous areas, and wetlands, as defined
in Chapter 36.70A RCW and this title.
"Critical area tract" means land held in private
ownership and retained in an open condition in perpetu-
ity for the protection of critical areas. Lands within this
type of dedication may include, but are not limited to,
portions and combinations of forest habitats, grasslands,
shrub steppes, on-site watersheds, one hundred (100)
year floodplains, shorelines or shorelines of statewide
significance, riparian areas, and wetlands.
"Critical facility" means a facility for which even
a slight chance of flooding, inundation, or impact from
a hazard event might be too great. Critical facilities
include, but are not limited to, schools, nursing homes,
(Revised 7/16)20.14-8
20.14.200
hospitals, police, fire and emergency response installa-
tions, and installations that produce, use, or store haz-
ardous materials or hazardous waste.
"Critical species" means all animal and plant spe-
cies listed by the state or federal government as threat-
ened or endangered.
"Cumulative impacts or effects" means the com-
bined, incremental effects of human activity on ecolog-
ical or critical areas functions and values. Cumulative
impacts result when the effects of an action are added to
or interact with other effects in a particular place and
within a particular time. It is the combination of these
effects, and any resulting environmental degradation,
that should be the focus of cumulative impact analysis
and changes to policies and permitting decisions.
"Danger tree" means a tree that is dead, or is so
affected by a significant structural defect or disease that
falling or failure appears imminent, or a tree that
impedes safe vision or traffic flow, or that otherwise
currently poses a threat to life or property.
Department. Unless otherwise noted, "Depart-
ment" is defined as the City of Bremerton Department
of Community Development.
"Developable area" means a site or portion of a site
that may be utilized as the location of development, in
accordance with the rules of this title.
"Development" means any activity upon the land
consisting of construction or alteration of structures,
earth movement, dredging, dumping, grading, filling,
mining, removal of any sand, gravel, or minerals, driv-
ing of piles, drilling operations, bulkheading, clearing of
vegetation, or other land disturbance. Development
includes the storage or use of equipment or materials
inconsistent with the existing use. Development also
includes approvals issued by the City that bind land to
specific patterns of use including, but not limited to,
subdivisions, short subdivisions, zone changes, condi-
tional use permits, and binding site plans. Development
activity does not include the following activities:
A. Interior building improvements.
B. Exterior structure maintenance activities,
including painting and roofing.
C. Routine landscape maintenance of established,
ornamental landscaping, such as lawn mowing, pruning,
and weeding.
D. Maintenance of the following existing facili-
ties that does not expand the affected area: septic tanks
(routine cleaning); wells; individual utility service con-
nections; and individual cemetery plots in established
and approved cemeteries.
"Development permit" means any permit issued
by the City, or other authorized agency, for construc-
tion, land use, or the alteration of land.
"Director" means the Director of the Bremerton
Department of Community Development or other
responsible official, or other City staff granted the
authority to act on behalf of the Director.
"Elevated building" means a building that has no
basement and its lowest elevated floor is raised above-
ground level by foundation walls, shear walls, posts,
piers, pilings, or columns.
"Emergent wetland" means a wetland with at least
thirty (30) percent of the surface area covered by erect,
rooted, herbaceous vegetation extending above the
water surface as the uppermost vegetative strata.
"Erosion" means the process whereby wind, rain,
water, and other natural agents mobilize and transport
particles.
"Exotic" means any species of plants or animals
which are foreign to the planning area.
"Fish and wildlife habitat conservation areas"
means areas necessary for maintaining species in suit-
able habitats within their natural geographic distribution
so that the habitat available is sufficient to support via-
ble populations over the long term, and isolated subpop-
ulations are not created as designated by WAC 365-190-
130. These areas include:
A. Areas with which state or federally designated
endangered, threatened, and sensitive species have a pri-
mary association;
B. Priority habitat species and species of local
importance including, but not limited to, areas desig-
nated as priority habitat by the Washington Department
of Fish and Wildlife;
C. Streams and watercourses used by juvenile sal-
monids, and habitat of species essential to the juvenile
salmonid diet;
D. Commercial and recreational shellfish areas;
E. Kelp, eelgrass beds, herring, smelt, sandlance
and other forage fish spawning habitat;
F. Naturally occurring ponds under twenty (20)
acres and their submerged aquatic beds that provide fish
or wildlife habitat, including those artificial ponds
intentionally created from dry areas in order to mitigate
impacts to ponds;
G. Waters of the state, including lakes, rivers,
ponds, streams, inland waters, underground waters, salt
waters, and all other surface waters and watercourses
within the jurisdiction of the State of Washington;
H. Lakes, ponds, streams, and rivers planted with
game fish by a governmental or tribal entity;
I. State natural area preserves and natural
resource conservation areas; and
J. Land essential for preserving connections
between habitat blocks and open spaces.
"Fish habitat" means habitat that is used by fish at
any life stage at any time of the year, including potential
habitat likely to be used by fish that could be recovered
by restoration or management and includes off-channel
habitat.
20.14-9 (Revised 7/16)
Bremerton Municipal Code 20.14.200
"Flood" or "flooding" means a general and tempo-
rary condition of partial or complete inundation of nor-
mally dry land areas from the overflow of inland waters
and/or the unusual and rapid accumulation of runoff of
surface waters from any source.
"Flood insurance map" means the official map on
which the Federal Insurance Administration has delin-
eated the areas of special flood hazards and includes the
risk premium zones applicable to the community. Also
known as "flood insurance rate map" or "FIRM."
"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 the total land area adjoining a
river, stream, watercourse, or lake subject to inundation
by the base flood.
"Flood protection elevation" means the elevation
that is one (1) foot above the base flood elevation.
"Flood-resistant material" means materials
designed to be resistant to the impacts associated with
flooding and defined and described in detail in the Fed-
eral Emergency Management Agency’s Technical Bul-
letin No. 2-93, 1993, and FEMA publication FEMA-
348, Protecting Building Utilities from Flood Damage.
"Floodway" means the channel of a river or other
watercourse and the adjacent land area that must be
reserved in order to discharge the base flood without
cumulatively increasing the surface water elevation
more than one (1) foot. Also known as the "zero rise
floodway."
"Forested wetland" means a wetland with at least
thirty (30) percent of the surface area covered by woody
vegetation greater than twenty (20) feet in height that is
at least partially rooted within the wetland.
"Formation" means an assemblage of earth materi-
als grouped together into a unit that is convenient for
description or mapping.
"Formation, confining" means the relatively
impermeable formation immediately overlying a con-
fined aquifer.
"Frequently flooded areas" means lands in the
floodplain subject to a one (1) percent or greater chance
of flooding in any given year and those lands that pro-
vide important flood storage, conveyance, and attenua-
tion functions, as determined by the Director in
accordance with WAC 365-190-080(3). Frequently
flooded areas perform important hydrologic functions
and may present a risk to persons and property. Classi-
fications of frequently flooded areas include, at a mini-
mum, the one hundred (100) year floodplain
designations of the Federal Emergency Management
Agency and the National Flood Insurance Program.
"Functions and values" means the beneficial roles
served by critical areas including, but not limited to,
water quality protection and enhancement; fish and
wildlife habitat; food chain support; flood storage, con-
veyance and attenuation; groundwater recharge and dis-
charge; erosion control; wave attenuation; protection
from hazards; historical, archaeological, and aesthetic
value protection; educational opportunities; and recre-
ation. These beneficial roles are not listed in order of
priority. Critical area functions can be used to help set
targets (species composition, structure, etc.) for man-
aged areas, including mitigation sites.
"Geologically hazardous areas" means areas that
may not be suited to development consistent with public
health, safety, or environmental standards, because of
their steep slopes, susceptibility to erosion, sliding,
earthquakes, or other geological events. For the pur-
poses of this code, "geologically hazardous areas" are
those areas receiving high or moderate geologically haz-
ardous classifications per BMC 20.14.600 through
20.14.660.
"Groundwater" means water in a saturated zone or
stratum beneath the surface of land or a surface water
body.
"Groundwater management area" means a spe-
cific geographic area or subarea designated pursuant to
Chapter 173-100 WAC for which a groundwater man-
agement program is required.
"Groundwater management program" means a
comprehensive program designed to protect groundwa-
ter quality, to ensure groundwater quantity, and to pro-
vide for efficient management of water resources while
recognizing existing groundwater rights and meeting
future needs consistent with local and state objectives,
policies, and authorities within a designated groundwa-
ter management area or subarea and developed pursuant
to Chapter 173-100 WAC.
"Groundwater, perched" means groundwater in a
saturated zone, separated from the underlying main
body of groundwater by an unsaturated rock zone.
"Grading" means excavating, filling or embanking
of earth materials in quantities equal to or greater than
fifty (50) cubic yards, as specified per the Bremerton
Municipal Code grading permit requirement.
"Grubbing" means the removal of vegetative mat-
ter from underground, such as sod, stumps, roots, buried
logs or other debris, and shall include the incidental
removal of topsoil and earth in quantities lesser than
fifty (50) cubic yards.
"Habitat conservation areas" means areas desig-
nated as fish and wildlife habitat conservation areas.
"Habitat management plan (HMP)" means a
report prepared by a professional wildlife biologist or
fisheries biologist which discusses and evaluates critical
fish and wildlife habitat functions and evaluates the
measures necessary to maintain, enhance and improve
habitat conservation on a proposed development site.
"Habitats of Local Importance." These areas
include a seasonal range or habitat element with which
(Revised 7/16)20.14-10
20.14.200
a given species has a primary association, and which, if
altered, may reduce the likelihood that the species will
maintain and reproduce over the long-term. These might
include areas of high relative density or species rich-
ness, breeding habitat, winter range, and movement cor-
ridors. These might also include habitats that are of
limited availability or high vulnerability to alterations
such as cliffs, taluses, and wetlands. (WAC 365-190-
030).
"Hazard areas" means areas designated as fre-
quently flooded areas or geologically hazardous areas
due to potential for erosion, landslide, seismic activity,
mine collapse, or other geological condition.
"Hazardous substances" means any liquid, solid,
gas, or sludge, including any material, substance, prod-
uct, commodity, or waste, regardless of quantity, that
exhibits any of the physical, chemical, or biological
properties described in WAC 173-303-090 or 173-303-
100.
"High-intensity land use" means land uses which
are associated with high levels of human disturbance or
substantial habitat impacts including, but not limited to,
medium- and high-density residential (more than one
(1) home per five (5) acres), multifamily residential,
some agricultural practices, and commercial and indus-
trial land uses.
"High quality wetlands" means those wetlands
that meet the following criteria:
A. No, or isolated, human alteration of the wet-
land topography;
B. No human-caused alteration of the hydrology
or the wetland appears to have recovered from the alter-
ation;
C. Low cover and frequency of exotic plant spe-
cies;
D. Relatively little human-related disturbance of
the native vegetation, or recovery from past disturbance;
E. If the wetland system is degraded, it still con-
tains a viable and high quality example of a native wet-
land community; and
F. No known major water quality problems.
"Historic condition" means a condition of the land,
including flora, fauna, soil, topography, and hydrology
that existed before the area and vicinity were developed
or altered by human activity.
"Hydraulic project approval (HPA)" means a
permit issued by the Washington Department of Fish
and Wildlife for modifications to waters of the state in
accordance with Chapter 75.20 RCW.
"Hydric soil" means a soil that is saturated,
flooded, or ponded long enough during the growing sea-
son to develop anaerobic conditions in the upper part.
The presence of hydric soil shall be determined follow-
ing the methods described in the approved federal wet-
land delineation manual and applicable regional
supplements.
"Hydrologic soil groups" means soils grouped
according to their runoff-producing characteristics
under similar storm and cover conditions. Properties
that influence runoff potential are depth to seasonally
high water table, intake rate and permeability after pro-
longed wetting, and depth to a low permeable layer.
Hydrologic soil groups are normally used in equations
that estimate runoff from rainfall, but can be used to
estimate a rate of water transmission in soil. There are
four (4) hydrologic soil groups:
A. Low runoff potential and a high rate of infiltra-
tion potential;
B. Moderate infiltration potential and a moderate
rate of runoff potential;
C. Slow infiltration potential and a moderate-to-
high rate of runoff potential; and
D. High runoff potential and very slow infiltration
and water transmission rates.
"Hydrophytic vegetation" means macrophytic
plant life growing in water or on a substrate that is at
least periodically deficient in oxygen as a result of
excessive water content. The presence of hydrophytic
vegetation shall be determined following the methods
described in the approved federal wetland delineation
manual and applicable regional supplements.
"Hyporheic zone" means the saturated zone
located beneath and adjacent to streams that contains
some portion of surface waters, serves as a filter for
nutrients, and maintains water quality.
"Impervious surface" means any material which
reduces or prevents absorption of stormwater into previ-
ously undeveloped land. Permeable paving technologies
shall not be classified as impervious surfaces. (See also
"Paved surface" in BMC 20.42.040 for a discussion of
impervious pavements.)
"In-kind compensation" means to replace critical
areas with substitute areas whose characteristics and
functions closely approximate those destroyed or
degraded by a regulated activity. It does not mean
replacement "in category."
"Infiltration" means the downward entry of water
into the immediate surface of soil.
"Injection well(s)" means:
A. Class I. A well used to inject industrial, com-
mercial, or municipal waste fluids beneath the lower-
most formation containing, within one-quarter (1/4)
mile of the well bore, an underground source of drinking
water.
B. Class II. A well used to inject fluids:
1. Brought to the surface in connection with
conventional oil or natural gas exploration or production
and may be commingled with wastewaters from gas
plants that are an integral part of production operations,
unless those waters are classified as dangerous wastes at
the time of injection;
20.14-11 (Revised 7/16)
Bremerton Municipal Code 20.14.200
2. For enhanced recovery of oil or natural
gas; or
3. For storage of hydrocarbons that are liquid
at standard temperature and pressure.
C. Class III. A well used for extraction of miner-
als, including but not limited to the injection of fluids
for:
1. In-situ production of uranium or other
metals that have not been conventionally mined;
2. Mining of sulfur by Frasch process; or
3. Solution mining of salts or potash.
D. Class IV. A well used to inject dangerous or
radioactive waste fluids.
E. Class V. All injection wells not included in
Classes I, II, III, or IV.
"Invasive" means a vegetative or animal species
not native to a region, and marked by a tendency to
spread, especially with proclivity to replace healthy
native species.
"Isolated wetlands" means those wetlands that are
outside of and not contiguous to any one hundred (100)
year floodplain of a lake, river, or stream and have no
contiguous hydric soil or hydrophytic vegetation
between the wetland and any surface water.
"Joint aquatic resource permits application"
means a single application form that may be used to
apply for hydraulic project approvals, shoreline man-
agement permits, approvals of exceedance of water
quality standards, water quality certifications, Coast
Guard bridge permits, Washington State Department of
Natural Resources use authorization, and U.S. Army
Corps of Engineers permits.
Land Use, High-Intensity. See "High-intensity
land use."
Land Use, Low-Intensity. See "Low-intensity land
use."
Land Use, Moderate-Intensity. See "Moderate-
intensity land use."
"Low-impact development (LID)" is a stormwater
management and development strategy applied at the
parcel and subdivision scale that emphasizes conserva-
tion and use of on-site natural features integrated with
engineered, small-scale hydrologic controls to more
closely mimic predevelopment hydrologic functions.
"Low-intensity land use" means land uses which
are associated with low levels of human disturbance or
low habitat impacts, including, but not limited to, pas-
sive recreation, open space, or forest management land
uses.
"Lowest floor" means the lowest floor of the low-
est enclosed area, including the basement. An unfin-
ished or flood-resistant enclosure, usable solely for
parking of vehicles, building access, or storage in an
area other than a basement area, which is not considered
a building’s lowest floor; provided, that such enclosure
is not built so as to render the structure in violation of the
applicable requirements of this title.
"Mine hazard areas" means areas that are under-
lain by, adjacent to, or affected by mine workings such
as adits, gangways, tunnels, drifts, or airshafts, and
those areas of probable sink holes, gas releases, or sub-
sidence due to mine workings. Factors that should be
considered include: proximity to development, depth
from ground surface to the mine working, and geologic
material.
"Mitigation" means avoiding, minimizing, or com-
pensating for adverse critical areas impacts. "Mitiga-
tion," in the following sequential order of preference, is:
A. Avoiding the impact altogether by not taking a
certain action or parts of an action;
B. Minimizing impacts by limiting the degree or
magnitude of the action and its implementation by using
appropriate technology, or by taking affirmative steps,
such as project redesign, relocation, or timing, to avoid
or reduce impacts;
C. Rectifying the impact to wetlands, critical
aquifer recharge areas, and habitat conservation areas by
repairing, rehabilitating, or restoring the affected envi-
ronment to the conditions existing at the time of the ini-
tiation of the project;
D. Minimizing or eliminating the hazard by
restoring or stabilizing the hazard area through engi-
neered or other methods, provided the engineered
method creates the minimum disturbance necessary to
mitigate the action, and the method does not adversely
impact categories of critical areas other than those being
mitigated;
E. Reducing or eliminating the impact or hazard
over time by preservation and maintenance operations
during the life of the action;
F. Compensating for the impact to wetlands, crit-
ical aquifer recharge areas, and habitat conservation
areas by replacing, enhancing, or providing substitute
resources or environments; and
G. Monitoring the hazard or other required miti-
gation and taking remedial action when necessary.
Mitigation for individual actions may include a
combination of the above measures.
"Mobile home" means a structure, transportable in
one (1) or more sections, which is built on a permanent
chassis and is designed for use with or without a perma-
nent foundation when attached to the required utilities.
The term "mobile home" does not include a "recre-
ational vehicle."
"Mobile home park or subdivision" means a par-
cel (or contiguous parcels) of land divided into two (2)
or more manufactured home lots for rent or sale.
"Moderate-intensity land use" means land uses
which are associated with moderate levels of human dis-
turbance or substantial habitat impacts including, but
not limited to, low density residential (no more than one
(Revised 7/16)20.14-12
20.14.200
(1) home per five (5) acres), active recreation, and mod-
erate agricultural land uses.
"Monitoring" means evaluating the impacts of
development proposals on the biological, hydrological,
and geological elements of such systems, and assessing
the performance of required mitigation measures
throughout the collection and analysis of data by various
methods for the purpose of understanding and docu-
menting changes in natural ecosystems and features,
including gathering baseline data.
"Native growth protection area (NGPA)" means
an area where native vegetation is preserved for the pur-
pose of preventing harm to property and the environ-
ment, including, but not limited to, controlling surface
water runoff and erosion, maintaining slope stability,
buffering, and protecting plants and animal habitat.
"Native vegetation" means plant species that are
indigenous to the area in question.
"Natural waters" means waters, excluding water
conveyance systems that are artificially constructed and
actively maintained for irrigation.
Nonconformity. See BMC 20.54.040, Definitions,
of the nonconforming provisions of this title.
"Off-site compensation" means to replace critical
areas away from the site on which a critical area has
been impacted.
"On-site compensation" means to replace critical
areas at or adjacent to the site on which a critical area
has been impacted.
"Ordinary high water mark (OHM)" means the
mark on all lakes, streams, and tidal waters which will
be found by examining the beds and banks and ascer-
taining where the presence and action of waters are so
common and usual, and so long continued in all ordinary
years, as to mark upon the soil a character distinct from
that of the abutting upland, in respect to vegetation, as
that condition exists on June 1, 1971, as it may naturally
change thereafter, or as it may change thereafter in
accordance with permits issued by a local government
or the Department; provided, that in any area where the
ordinary high water mark cannot be found, the ordinary
high water mark adjoining salt water shall be the line of
mean higher high tide and the ordinary high water mark
adjoining fresh water shall be the line of mean high
water.
"Out-of-kind compensation" means to replace
critical areas with substitute critical areas whose charac-
teristics do not closely approximate those destroyed or
degraded. It does not refer to replacement "out-of-cate-
gory."
"Permeability" means the capacity of an aquifer or
confining bed to transmit water. It is a property of the
aquifer or confining bed and is independent of the force
causing movement.
"Porous soil types" means soils, as identified by
the National Resources Conservation Service, U.S.
Department of Agriculture, that contain voids, pores,
interstices, or other openings which allow the passing of
water.
"Potable water" means water that is safe and palat-
able for human use.
"Practical alternative" means an alternative that is
available and capable of being carried out after taking
into consideration cost, existing technology, and logis-
tics in light of overall project purposes, and has less
impacts to critical areas.
"Primary association area" means the area used
on a regular basis by, is in close association with, or is
necessary for the proper functioning of the habitat of a
critical species. "Regular basis" means that the habitat
area is normally, or usually, known to contain a critical
species, or based on known habitat requirements of the
species, the area is likely to contain the critical species.
"Regular basis" is species and population dependent.
Species that exist in low numbers may be present infre-
quently yet rely on certain habitat types.
"Priority habitat" means habitat type or elements
with unique or significant value to one (1) or more spe-
cies as classified by the State Department of Fish and
Wildlife. A priority habitat may consist of a unique veg-
etation type or dominant plant species, a described suc-
cessional stage, or a specific structural element.
"Project area" means all areas within fifty (50) feet
of the area proposed to be disturbed, altered, or used by
the proposed activity or the construction of any pro-
posed structures. When the action binds the land, such
as a subdivision, short subdivision, binding site plan,
planned unit development, or rezone, the project area
shall include the entire parcel, at a minimum.
"Qualified professional" means a person with
experience and training in the pertinent scientific disci-
pline, and who is a qualified scientific expert with
expertise appropriate for the relevant critical area sub-
ject in accordance with WAC 365-195-905(4). A quali-
fied professional must have obtained a B.S. or B.A. or
equivalent degree in biology, engineering, environmen-
tal studies, fisheries, geomorphology, or related field,
and five (5) years of related work experience.
A. A qualified professional for habitats or wet-
lands must have a degree in biology and professional
experience related to the subject species, and meet the
requirements set forth in BMC 20.14.360.
B. A qualified professional for a geological haz-
ard must be a professional civil or geotechnical engineer
with experience in the field, or geologist, licensed in the
State of Washington.
C. A qualified professional for critical aquifer
recharge areas means a hydrogeologist, geologist, engi-
neer, or other scientist with experience in preparing
hydrogeologic assessments, and meets the requirements
set forth in BMC 20.14.450.
20.14-13 (Revised 7/16)
Bremerton Municipal Code 20.14.200
"Recharge" means the process involved in the
absorption and addition of water to groundwater.
"Reclaimed water" means municipal wastewater
effluent that has been adequately and reliably treated so
that it is suitable for beneficial use. Following treatment,
it is no longer considered wastewater (treatment levels
and water quality requirements are given in the water
reclamation and reuse standards adopted by the State
Departments of Ecology and Health).
Recreation Vehicle. See definition in Chapter 20.42
BMC.
"Repair" or "maintenance" means an activity that
restores the character, scope, size, and design of a ser-
viceable area, structure, or land use to its previously
authorized and undamaged condition. Activities that
change the character, size, or scope of a project beyond
the original design and drain, dredge, fill, flood, or oth-
erwise alter critical areas are not included in this defini-
tion.
"Restoration" means measures taken to restore an
altered or damaged natural feature including:
A. Active steps taken to restore damaged wet-
lands, streams, protected habitat, or their buffers to the
functioning condition that existed prior to an unautho-
rized alteration; and
B. Actions performed to reestablish structural and
functional characteristics of the critical area that have
been lost by alteration, past management activities, or
catastrophic events.
"Riparian habitat" means areas adjacent to
aquatic systems with flowing water that contain ele-
ments of both aquatic and terrestrial ecosystems that
mutually influence each other. The width of these areas
extends to that portion of the terrestrial landscape that
directly influences the aquatic ecosystem by providing
shade, fine or large woody material, nutrients, organic
and inorganic debris, terrestrial insects, or habitat for
riparian-associated wildlife. Widths shall be measured
from the ordinary high water mark or from the top of
bank if the ordinary high water mark cannot be identi-
fied or from the channel migration zone (CMZ). It
includes the entire extent of the floodplain and the
extent of vegetation adapted to wet conditions as well as
adjacent upland plant communities that directly influ-
ence the stream system. Riparian habitat areas include
those riparian areas severely altered or damaged due to
human development activities.
"Scientific process" means a valid scientific pro-
cess is one (1) that produces reliable information useful
in understanding the consequences of a decision. The
characteristics of a valid scientific process are as fol-
lows:
A. Peer Review. The information has been criti-
cally reviewed by other qualified scientific experts in
that scientific discipline.
B. Methods. The methods that were used are stan-
dardized in the pertinent scientific discipline or the
methods have been appropriately peer-reviewed to
ensure their reliability and validity.
C. Logical Conclusions and Reasonable Infer-
ences. The conclusions presented are based on reason-
able assumptions supported by other studies and are
logically and reasonably derived from the assumptions
and supported by the data presented.
D. Quantitative Analysis. The data have been ana-
lyzed using appropriate statistical or quantitative meth-
ods.
E. Context. The assumptions, analytical tech-
niques, data, and conclusions are appropriately framed
with respect to the prevailing body of pertinent scientific
knowledge.
F. References. The assumptions, techniques, and
conclusions are well referenced with citations to perti-
nent existing information.
"Scrub-shrub wetland" means a wetland with at
least thirty (30) percent of its surface area covered by
woody vegetation less than twenty (20) feet in height at
the uppermost strata.
"Section 404 permit" means a permit issued by the
U.S. Army Corps of Engineers for the placement of
dredge or fill material or clearing in waters of the United
States, including wetlands, in accordance with 33 USC
Section 1344. Section 404 permits may also be for
endangered species consultation. They require a consul-
tation under Section 7 of the Federal Endangered Spe-
cies Act.
"Seeps" means a spot where water oozes from the
earth, often forming the source of a small stream.
"Seismic hazard areas" means areas that are sub-
ject to severe risk of damage as a result of earthquake-
induced ground shaking, slope failure, settlement, or
soil liquefaction.
"Shorelines" means all of the water areas of the
state as defined in RCW 90.58.030, including reservoirs
and their associated shorelands, together with the lands
underlying them except:
A. Shorelines of statewide significance;
B. Shorelines on segments of streams upstream of
a point where the mean annual flow is twenty (20) cubic
feet per second (20 cfps) or less and the wetlands asso-
ciated with such upstream segments; and
C. Shorelines on lakes less than twenty (20) acres
in size and wetlands associated with such small lakes.
"Shorelines of the state" means the total of all
"shorelines," as defined in RCW 90.58.030(2)(d), and
"shorelines of statewide significance" within the state,
as defined in RCW 90.58.030(2)(c).
"Shorelines of statewide significance" means
those areas defined in RCW 90.58.030(2)(e).
"Shorelands or shoreland areas" means those
lands extending landward for two hundred (200) feet in
(Revised 7/16)20.14-14
20.14.200
all directions as measured on a horizontal plane from the
ordinary high water mark; floodways and contiguous
floodplain areas landward two hundred (200) feet from
such floodways; and all wetlands and river deltas asso-
ciated with the streams, lakes, and tidal waters which are
subject to the provisions of Chapter 90.58 RCW.
"Soil survey" means the most recent soil survey for
the local area or county by the National Resources Con-
servation Service, U.S. Department of Agriculture.
"Special flood hazard areas" means the land in the
floodplain within an area subject to a one (1) percent or
greater chance of flooding in any given year. Designa-
tions of special flood hazard areas on flood insurance
map(s) always include the letters A or V.
"Special protection areas" means aquifer recharge
areas defined by WAC 173-200-090 that require special
consideration or increased protection because of unique
characteristics, including, but not limited to:
A. Groundwaters that support an ecological sys-
tem requiring more stringent criteria than drinking water
standards;
B. Groundwater recharge areas and wellhead pro-
tection areas that are vulnerable to pollution because of
hydrogeologic characteristics; and
C. Sole source aquifer status.
"Species" means any group of animals classified as
a species or subspecies as commonly accepted by the
scientific community.
"Species, endangered" means any fish or wildlife
species that is threatened with extinction throughout all
or a significant portion of its range and is listed by the
state or federal government as an endangered species.
"Species of local importance" means those species
of local concern due to their population status or their
sensitivity to habitat manipulation, or that are game spe-
cies.
"Species, priority" means any fish or wildlife spe-
cies requiring protective measures and/or management
guidelines to ensure their persistence as genetically via-
ble population levels as classified by the Washington
Department of Fish and Wildlife, including endangered,
threatened, sensitive, candidate and monitor species,
and those of recreational, commercial, or tribal impor-
tance.
"Species, threatened" means any fish or wildlife
species that is likely to become an endangered species
within the foreseeable future throughout a significant
portion of its range without cooperative management or
removal of threats, and is listed by the state or federal
government as a threatened species.
"Subdrainage basin" or "subbasin" means the
drainage area of the highest order stream containing the
subject property impact area. "Stream order" is the
term used to define the position of a stream in the hier-
archy of tributaries in the watershed. The smallest
streams are the highest order (first order) tributaries.
These are the upper watershed streams and have no trib-
utaries of their own. When two (2) first order streams
meet, they form a second order stream, and when two
(2) second order streams meet they become a third order
stream, and so on.
"Substantial damage" means damage of any ori-
gin sustained by a structure whereby the cost of restor-
ing 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 either before the improvement
or repair is started, or if the structure has been damaged
and is being restored, before the damage occurred.
"Unavoidable" means adverse impacts that remain
after all appropriate and practicable avoidance and min-
imization have been achieved.
"Vulnerability" means the combined effect of sus-
ceptibility to contamination and the presence of poten-
tial contaminants.
"Water-dependent" means a use or portion of a
use that cannot exist in a location that is not adjacent to
the water, but is dependent on the water by reason of the
intrinsic nature of its operations. A use that can be car-
ried out only on, in, or adjacent to water. Examples of
water-dependent uses include: ship cargo terminal load-
ing areas; fishing; ferry and passenger terminals; barge
loading, ship building, and dry docking facilities; mari-
nas, moorage, and boat launching facilities; aquacul-
ture; float plane operations; surface water intake; and
sanitary sewer and storm drain outfalls.
"Water resource inventory area (WRIA)" means
one (1) of sixty-two (62) watersheds in the State of
Washington, each composed of the drainage areas of a
stream or streams, as established in Chapter 173-500
WAC as it existed on January 1, 1997.
"Water table" means that surface in an unconfined
aquifer at which the pressure is atmospheric. It is
defined by the levels at which water stands in wells that
penetrate the aquifer just far enough to hold standing
water.
"Water typing system" means waters are classi-
fied according to WAC 222-16-031. Waters are classi-
fied into four (4) types, S, F, Np, and Ns, based on
whether the waters are shorelines of the state, their level
of human and wildlife use, whether they are perennial
streams, and other characteristics. Complete criteria for
the water typing system are found in BMC 20.14.720.
"Watercourse" means any portion of a channel,
bed, bank, or bottom waterward of the ordinary high
water line of waters of the state including areas in which
fish may spawn, reside, or through which they may pass,
and tributary waters with defined beds or banks, which
influence the quality of fish habitat downstream. This
20.14-15 (Revised 7/16)
Bremerton Municipal Code 20.14.320
definition includes watercourses that flow on an inter-
mittent basis or which fluctuate in level during the year
and applies to the entire bed of such watercourse
whether or not the water is at peak level. This definition
does not include irrigation ditches, canals, stormwater
runoff devices, or other entirely artificial watercourses,
except where they exist in a natural watercourse that has
been altered by humans.
"Well" means a bored, drilled, or driven shaft, or a
dug hole whose depth is greater than the largest surface
dimension for the purpose of withdrawing or injecting
water or other liquids.
"Wellhead protection area (WHPA)" means the
portion of a zone of contribution for a well, wellfield, or
spring, as defined using criteria established by the
Washington State Department of Ecology.
"Wetland classes," "classes of wetlands," or "wet-
land types" means the descriptive classes of the wet-
lands taxonomic classification system of the U.S. Fish
and Wildlife Service (Cowardin, et al., 1979).
"Wetland edge" means the boundary of a wetland
as delineated based on the definitions contained in this
title.
"Wetlands" means areas that are inundated or sat-
urated by surface water or groundwater at a frequency
and duration sufficient to support, and that under normal
circumstances do support, a prevalence of vegetation
typically adapted for life in saturated soil conditions.
Wetlands generally include swamps, marshes, bogs, and
similar areas. Wetlands do not include those artificial
wetlands intentionally created from nonwetland sites,
including, but not limited to irrigation and drainage
ditches, grass-lined swales, canals, detention facilities,
wastewater treatment facilities, farm ponds, and land-
scape amenities, or those wetlands created after July 1,
1990, that were unintentionally created as a result of the
construction of a road, street, or highway. Wetlands
include artificial wetlands created from nonwetland
areas to mitigate the conversion of wetlands. Identifica-
tion of wetlands and delineation of their boundaries pur-
suant to this chapter shall be done in accordance with the
approved federal wetland delineation manual and appli-
cable regional supplements. All areas within the City
meeting the wetland designation criteria in that proce-
dure are hereby designated critical areas and are subject
to the provisions of this program. Wetland delineations
are valid for five (5) years; after such date, the City shall
determine whether a revision or additional assessment is
necessary.
"Wetlands mitigation bank" means a site where
wetlands are restored, created, enhanced, or in excep-
tional circumstances, preserved expressly for the pur-
pose of providing compensatory mitigation in advance
of authorized impacts to similar resources.
"Zone of contribution" means the area surround-
ing a well or spring that encompasses all areas or fea-
tures that supply groundwater recharge to the well or
spring. (Ord. 5301 §3 (Exh. B) (part), 2016: Ord. 4965
§7 (part), 2006)
20.14.300 WETLANDS.
BMC 20.14.310 through 20.14.360 pertain to wet-
lands. (Ord. 5301 §3 (Exh. B) (part), 2016: Ord. 4965 §7
(part), 2006)
20.14.310 DESCRIPTION AND PURPOSE.
(a) As identified currently in WAC 173-22-035
and as subsequently amended, identification of wetlands
and delineation of their boundaries shall be done in
accordance with the approved federal wetland delinea-
tion manual and applicable regional supplements. All
areas within the City meeting the wetland designation
criteria in the identification and delineation manual,
regardless of any formal identification, are hereby des-
ignated critical areas and are subject to the provisions of
this title.
(b) Wetlands help to maintain water quality; store
and convey stormwater and floodwater; recharge
groundwater; provide important fish and wildlife habi-
tat; and serve as areas for recreation, education, scien-
tific study and aesthetic appreciation.
(c) The City’s overall goal shall be to achieve no
net loss of wetlands. This goal shall be implemented
through retention of the function and value of wetlands
within the City. Wetland buffers serve to moderate run-
off volume and flow rates; reduce sediment, chemical
nutrient and toxic pollutants; provide shading to main-
tain desirable water temperatures; provide habitat for
wildlife; protect wetland resources from harmful intru-
sion; and generally preserve the ecological integrity of
the wetland area.
(d) The primary purpose of the wetland regula-
tions is to avoid detrimental wetland impacts and
achieve a goal of no net loss of wetland function and
values, and where possible enhance and restore wet-
lands. (Ord. 5301 §3 (Exh. B) (part), 2016: Ord. 4965 §7
(part), 2006)
20.14.320 CLASSIFICATION AND
DESIGNATION.
(a) Wetland Ratings. Wetlands shall be rated
according to the Washington State Department of Ecol-
ogy wetland rating system found in the "Washington
State Wetland Rating System for Western Washington"
(Department of Ecology Publication No. 14-06-029) or
as amended hereafter. These documents contain the
definitions and methods for determining if the criteria
below are met.
(1) Wetland Rating Categories.
(i) Category I. Category I wetlands are
those that meet any of the following criteria:
(Revised 7/16)20.14-16
20.14.330
a. Represent a unique or rare wet-
land type; or
b. Are more sensitive to disturbance
than most wetlands; or
c. Are relatively undisturbed and
contain ecological attributes that are impossible to
replace within a human lifetime; or
d. Are providing a high level of
functions, scoring twenty-three (23) points or more, out
of twenty-seven (27) (DOE Wetlands Rating System,
2014); or
e. Are characterized as wetlands of
high conservation value per the Washington Natural
Heritage Program (WNHP); or
f. Are characterized as a bog; or
g. Are over one (1) acre and charac-
terized as a mature and old-growth forested wetland or
are an estuarine wetland.
(ii) Category II. Category II wetlands are
those wetlands that are not Category I wetlands and that
meet any of the following criteria:
a. Provide high levels of some func-
tions, being difficult, though not impossible to replace;
or
b. Perform most functions rela-
tively well, scoring twenty (20) to twenty-two (22)
points out of twenty-seven (27) (DOE Wetlands Rating
System, 2014); or
c. Estuarine wetlands smaller than
one (1) acre or those that are distributed and larger than
one (1) acre.
(iii) Category III. Category III wetlands
are those wetlands that are not Category I or II wetlands,
and that meet the following criterion:
a. Provide moderate levels of func-
tions, scoring between sixteen (16) and nineteen (19)
points out of twenty-seven (27) (DOE Wetland Rating
System, 2014).
(iv) Category IV. Category IV wetlands
are those that meet the following criterion:
a. Provide low levels of functions,
scoring less than sixteen (16) points out of twenty-seven
(27) (DOE Wetlands Rating System, 2014).
(2) Date of Wetland Rating. Wetland rating
categories shall be applied as the wetland exists on the
date of adoption of the rating system by the local gov-
ernment as the wetland naturally changes thereafter, or
as the wetland changes in accordance with permitted
activities. Wetland rating categories shall not change
due to illegal modifications. (Ord. 5301 §3 (Exh. B)
(part), 2016: Ord. 4965 §7 (part), 2006)
20.14.330 DEVELOPMENT STANDARDS -
WETLANDS.
(a) Activities may only be permitted in a wetland
or wetland buffer if the applicant can show that the pro-
posed activity will not degrade the functions and func-
tional performance of the wetland and other critical
areas.
(b) Activities and uses shall be prohibited in wet-
lands and wetland buffers, except as provided for in this
title. The following activities are regulated if they occur
in a regulated wetland or its buffer:
(1) The removal, excavation, grading, or
dredging of soil, sand, gravel, minerals, organic matter,
or material of any kind.
(2) The dumping of, discharging of, or filling
with any material.
(3) The draining, flooding, or disturbing of
the water level or water table.
(4) Pile driving.
(5) The placing of obstructions.
(6) The construction, reconstruction, demoli-
tion, or expansion of any structure.
(7) The destruction or alteration of wetland
vegetation through clearing, harvesting, shading, inten-
tional burning, or planting of vegetation that would alter
the character of a regulated wetland.
(8) Class IV general forest practices under the
authority of the "1992 Washington State Forest Prac-
tices Act Rules and Regulations," WAC 222-12-030, or
as thereafter amended.
(9) Activities that result in:
(i) A significant change of water tem-
perature.
(ii) A significant change of physical or
chemical characteristics of the sources of water to the
wetland.
(iii) A significant change in the quantity,
timing, or duration of the water entering the wetland.
(iv) The introduction of pollutants.
(c) Activities Allowed in Wetlands. The activities
listed below are allowed in wetlands. These activities do
not require submission of a critical area report, except
where such activities result in a loss of the functions and
values of a wetland or wetland buffer. Any ground dis-
turbing activity or placement of fill within wetlands or
in-water may also require state or federal approval and
it is the applicant’s responsibility to ensure that they
obtain necessary authorization before beginning work.
These activities include:
(1) Conservation or preservation of soil,
water, vegetation, fish, shellfish, and/or other wildlife
that does not entail changing the structure or functions
of the existing wetland.
20.14-17 (Revised 7/16)
Bremerton Municipal Code 20.14.330
(2) Drilling for utilities/utility corridors under
a wetland, with entrance/exit portals located completely
outside of the wetland buffer; provided, that the drilling
does not interrupt the ground water connection to the
wetland or percolation of surface water down through
the soil column. Specific studies by a hydrologist are
necessary to determine whether the ground water con-
nection to the wetland or percolation of surface water
down through the soil column will be disturbed.
(3) Enhancement of a wetland through the
removal of nonnative invasive plant species. Removal
of invasive plant species shall be restricted to hand
removal unless permits from the appropriate regulatory
agencies have been obtained for approved biological or
chemical treatments.
(4) Educational and scientific research activi-
ties.
(d) Category I Wetlands. Activities and uses shall
be prohibited from Category I.
(e) Category II and III Wetlands. With respect to
activities proposed in Category II and III wetlands, the
following standards shall apply:
(1) Water-dependent activities may be
allowed where there are no feasible alternatives that
would have a less adverse impact on the wetland, its
buffers and other critical areas.
(2) Where nonwater-dependent activities are
proposed, it shall be presumed that alternative locations
are available, and activities and uses shall be prohibited,
unless the applicant demonstrates that:
(i) The basic project purpose cannot rea-
sonably be accomplished and successfully avoid, or
result in less adverse impact on, a wetland on another
site or sites in the general region; and
(ii) All alternative designs of the project
as proposed that would avoid or result in less of an
adverse impact on a wetland or its buffer, such as a
reduction in the size, scope, configuration, or density of
the project, are not feasible.
(iii) Full compensation for the acreage and
loss functions will be provided under the terms estab-
lished under BMC 20.14.340(f) and (g).
(f) Category III and IV Wetlands. Isolated Cate-
gory III and IV wetlands less than one thousand (1,000)
square feet that meet all of the following criteria shall be
exempt from the buffer provisions in subsection (h) of
this section and the normal mitigation sequencing pro-
cess in BMC 20.14.340(a). Any direct impacts to these
wetlands shall be fully mitigated.
(1) Is not associated with riparian areas or
buffers;
(2) Is not part of a wetland mosaic; and
(3) Does not contain habitat identified by
Washington State Department of Fish and Wildlife as
essential for local populations of priority species, as
identified under BMC 20.14.720.
(g) Category IV Wetlands. Activities and uses that
result in unavoidable and necessary impacts may be per-
mitted in Category IV wetlands and associated buffers
in accordance with an approved wetland report and mit-
igation plan, and only if the proposed activity is the only
reasonable alternative that will accomplish the appli-
cant’s objectives. Full compensation for the acreage and
loss functions will be provided under the terms estab-
lished under BMC 20.14.340(f) and (g).
(h) Wetland Buffers.
(1) Standard Buffer Widths. The standard
buffer widths presume the existence of a relatively intact
native vegetation community in the buffer zone ade-
quate to protect the wetland functions and values at the
time of the proposed activity. If the vegetation is inade-
quate, then the buffer width shall be increased or the
buffer should be planted to maintain the standard width.
Required standard wetland buffers, based on wetland
category, are as outlined in the following table. In the
table the wetland buffers vary according to the wetland
type and/or habitat score (on a range of three (3) to nine
(9), with nine (9) representing high habitat function).
(2) Measurement of Wetland Buffers. All buf-
fers shall be measured horizontally from a perpendicular
line established at the wetland edge as surveyed in the
field. The width of the wetland buffer shall be deter-
Wetland Category
and Type
Buffer Width (in Feet) Based on Habitat Score
3-4 (Low) 5 (Medium) 6-7 (Medium) 8-9 (High)
I: Estuarine wetlands 200
I: All others 100 140 220 300
II: Estuarine wetlands 150
II: All 100 140 220 300
III: All 80 140 220 300
IV: All 50
(Revised 7/16)20.14-18
20.14.330
mined according to the wetland category. The buffer for
a wetland created, restored, or enhanced as compensa-
tion for approved wetland alterations shall be the same
as the buffer required for the category of the created,
restored, or enhanced wetland. Only fully vegetated buf-
fers will be considered. Lawns, walkways, driveways,
and other mowed or paved areas will not be considered
buffers.
(3) Reducing Wetland Buffer Widths. For
those projects that can mitigate the impacts and distur-
bances associated with surrounding land use, required
wetland buffer widths may be reduced. The following
table lists impact-minimization measures which, when
implemented where applicable, may allow a project to
reduce the standard wetland buffer widths by no more
than twenty-five (25) percent:
(4) Increased Wetland Buffer Widths. The
Director shall require increased buffer widths in accor-
dance with the recommendations of an experienced,
qualified professional wetland scientist, and the best
available science on a case-by-case basis when a larger
buffer is necessary to protect wetland functions and val-
ues based on site-specific characteristics. This determi-
nation shall be based on one (1) or more of the following
criteria:
(i) A larger buffer is needed to protect
other critical areas;
(ii) The buffer or adjacent uplands has a
slope greater than fifteen (15) percent or is susceptible
to erosion and standard erosion-control measures will
not prevent adverse impacts to the wetland; or
(iii) The buffer area has minimal vegeta-
tive cover. In lieu of increasing the buffer width where
existing buffer vegetation is inadequate to protect the
wetland functions and values, implementation of a buf-
fer planting plan may substitute. Where a buffer plant-
ing plan is proposed, it shall include densities that are
not less than three (3) feet on center for shrubs and eight
(8) feet on center for trees and require monitoring and
maintenance to ensure success. Existing buffer vegeta-
tion is considered "inadequate" and will need to be
enhanced through additional native plantings and (if
appropriate) removal of nonnative plants when: (1) non-
Disturbance Required Measures to Minimize Impacts
Lights (1) Direct lights away from wetland as illustrated in a photometric plan.
Noise (2) Locate activity that generates noise away from wetland.
(3) If warranted, enhance existing buffer with native vegetation plantings adjacent to noise
source.
(4) For activities that generate relatively continuous, potentially disruptive noise, such as
certain heavy industry or mining, establish an additional ten (10) feet of heavily vegetated
buffer strip immediately adjacent to the outer wetland buffer.
Toxic runoff (5) Route all new, untreated runoff away from wetland while ensuring wetland is not
dewatered.
(6) Establish covenants limiting use of pesticides within one hundred fifty (150) feet of
wetland.
Stormwater runoff (7) Retrofit stormwater detention and treatment for roads and existing adjacent
development.
(8) Prevent channelized flow from lawns that directly enters the buffer.
(9) Use low intensity development best management practices where appropriate.
Change in water
regime
(10) Infiltrate or treat, detain, and disperse into buffer new runoff from impervious
surfaces and new lawns.
Pets and human
disturbance
(11) Use privacy fencing or plant dense vegetation to delineate buffer edge and to
discourage disturbance using vegetation appropriate for the ecoregion.
(12) Place wetland and its buffer in a separate tract or protect with a conservation
easement.
Dust (13) Use best management practices to control dust.
Disruption of corridors
or connections
(14) Maintain connections to off-site areas that are undisturbed.
(15) Restore on-site corridors or connections to off-site habitats by replanting.
20.14-19 (Revised 7/16)
Bremerton Municipal Code 20.14.330
native or invasive plant species provide the dominant
cover, (2) vegetation is lacking due to disturbance and
wetland resources could be adversely affected, or (3)
enhancement plantings in the buffer could significantly
improve buffer functions.
(5) Wetland Buffer Width Averaging. The
Director may allow modification of the standard wet-
land buffer width in accordance with an approved wet-
land report and the best available science on a case-by-
case basis by averaging buffer widths. Averaging of
buffer widths may only be allowed where the applicant
and a qualified professional wetland scientist demon-
strate that:
(i) No feasible site design exists without
buffer averaging;
(ii) It will not reduce wetland functions or
functional performance;
(iii) The wetland contains variations in
sensitivity due to existing physical characteristics or the
character of the buffer varies in slope, soils, or vegeta-
tion, and the wetland would benefit from a wider buffer
in places and would not be adversely impacted by a nar-
rower buffer in other places;
(iv) The total area contained in the buffer
area after averaging is no less than that which would be
contained within the standard buffer; and
(v) The buffer width is not reduced to less
than seventy-five (75) percent of the standard width or
thirty-five (35) feet.
(6) Buffer Consistency. All mitigation sites
shall have buffers consistent with the buffer require-
ments of this chapter.
(7) Buffer Maintenance. Except as otherwise
specified or allowed in accordance with this title, wet-
land buffers shall be retained in an undisturbed or
enhanced condition. Removal of invasive nonnative
weeds is required for the duration of the mitigation
bond.
(8) Buffer Uses. The following uses may be
permitted within a wetland buffer in accordance with the
review procedures of this title, provided they are not
prohibited by any other applicable law and they are con-
ducted in a manner so as to minimize impacts to the buf-
fer and adjacent wetland:
(i) Conservation and Restoration Activi-
ties. Conservation or restoration activities aimed at pro-
tecting the soil, water, vegetation, or wildlife.
(ii) Passive Recreation. Low-impact uses
and activities which are consistent with the purpose and
function of the wetland buffer and do not detract from its
integrity may be permitted within the buffer depending
on the sensitivity of the wetland. Uses may include:
a. Walkways and trails; provided,
that those pathways that are generally parallel to the
perimeter of the wetland may be located in the outer
twenty-five (25) percent of the buffer area and located to
avoid removal of significant trees; provided, that:
i. They are no wider than six
(6) feet, and generally constructed with a surface that
does not interfere with substrate permeability. Raised
boardwalks utilizing nontreated pilings may be accept-
able; and
ii. They shall be limited to
pedestrian use; and
iii. They shall not be allowed to
fully enclose a habitat area or buffer; and
iv. They are subject to closure
(at the Director’s discretion) during critical spawning,
migration or breeding time periods of the species pres-
ent;
b. Wildlife viewing structures; and
c. Fishing access areas down to the
water’s edge that shall be no larger than six (6) feet.
(iii) Stormwater Management Facilities.
Stormwater management facilities, limited to stormwa-
ter dispersion outfalls and bioswales, may be allowed
within the outer twenty-five (25) percent of the buffer of
Category III or IV wetlands only; provided, that:
a. No other location is feasible; and
b. The location of such facilities
will not degrade the functions or values of the wetland.
(iv) Low-Impact Development (LID)
Facilities. LID facilities may be allowed within the buf-
fer of Category III or IV wetlands only; provided, that:
a. No other location is feasible; and
b. The location of such facilities
will not degrade the functions or values of the wetland.
(i) Signs and Fencing of Wetlands.
(1) Temporary Markers. The outer perimeter
of the wetland or buffer and the limits of those areas to
be disturbed pursuant to an approved permit or authori-
zation shall be marked in the field in such a way as to
ensure that no unauthorized intrusion will occur and is
subject to inspection prior to the commencement of per-
mitted activities. This temporary marking shall be main-
tained throughout construction and shall not be removed
until permanent signs, if required, are in place.
(2) Permanent Signs. As a condition of any
permit or authorization issued pursuant to this chapter,
the Director may require the applicant to install perma-
nent signs along the boundary of a wetland or buffer.
(i) Permanent signs shall be made of an
enamel-coated metal face and attached to a metal post,
or another nontreated material of equal durability. Signs
must be posted at an interval of one (1) per lot or every
(Revised 7/16)20.14-20
20.14.340
fifty (50) feet, whichever is less, and must be maintained
by the property owner in perpetuity. The sign shall be
worded as follows or with alternative language
approved by the Director:
Protected Wetland Area
Do Not Disturb
Contact City of Bremerton
Department of Community Development
Regarding Uses and Restriction
(3) Fencing.
(i) The Director shall determine if fenc-
ing is necessary to protect the functions and values of
the critical area. If found to be necessary, any permit or
authorization issued pursuant to this chapter shall be
conditioned to require the applicant to install a perma-
nent fence at the edge of the wetland buffer when fenc-
ing will prevent future impacts to the wetland.
(ii) Fencing installed as part of a pro-
posed activity or as required in this subsection shall be
designed so as to not interfere with species migration,
including fish runs, and shall be constructed in a manner
that minimizes impacts to the wetland and associated
habitat. (Ord. 5301 §3 (Exh. B) (part), 2016: Ord. 4965
§7 (part), 2006)
20.14.340 MITIGATION REQUIREMENTS -
WETLANDS.
Compensatory mitigation for alterations to wet-
lands shall achieve equivalent or greater biologic func-
tions. Compensatory mitigation plans shall be consistent
with the State Department of Ecology publication
"Guidance on Wetland Mitigation in Washington
State," 2006 (Publication Nos. 06-06-011a and 06-06-
011b), or as revised.
(a) Mitigation shall be required in the following
order of preference:
(1) Avoiding the impact altogether by not tak-
ing a certain action or parts of an action.
(2) Minimizing impacts by limiting the
degree or magnitude of the action and its implementa-
tion by using appropriate technology, or by taking affir-
mative steps to avoid or reduce impacts.
(3) Rectifying the impact by repairing, reha-
bilitating, or restoring the affected environment.
(4) Reducing or eliminating the impact over
time by preservation and maintenance operations.
(5) Compensating for the impact by replacing,
enhancing, or providing substitute resources or environ-
ments.
(b) Mitigation for Lost or Affected Functions.
Compensatory mitigation actions shall address func-
tions affected by the alteration to achieve functional
equivalency or improvement and shall provide similar
wetland functions as those lost, except when:
(1) The lost wetland provides minimal func-
tions as determined by a site-specific function assess-
ment, and the proposed compensatory mitigation
action(s) will provide equal or greater functions or will
provide functions shown to be limiting within a water-
shed through a formal Washington State watershed
assessment plan or protocol; or
(2) Out-of-kind replacement will best meet
formally identified watershed goals, such as replace-
ment of historically diminished wetland types.
(c) Preference of Mitigation Actions. Mitigation
actions that require compensation by replacing, enhanc-
ing, or substitution shall occur in the following order of
preference:
(1) Restoring wetlands on upland sites that
were formerly wetlands.
(2) Creating wetlands on disturbed upland
sites such as those with vegetative cover consisting pri-
marily of nonnative introduced species. This should
only be attempted when there is a consistent source of
hydrology and it can be shown that the surface and sub-
surface hydrologic regime is conducive for the wetland
community that is being designed.
(3) Enhancing significantly degraded wet-
lands in combination with restoration or creation. Such
enhancement should be part of a mitigation package that
includes replacing the impacted area meeting appropri-
ate ratio requirements.
(d) Type and Location of Mitigation. Unless it is
demonstrated that a higher level of ecological function-
ing would result from an alternate approach, compensa-
tory mitigation for ecological functions shall be either in
kind and on site, or in kind and within the same stream
reach, subbasin, or drift cell. Mitigation actions shall be
conducted within the same subdrainage basin and on the
site as the alteration except when all of the following
apply:
(1) There are no reasonable on-site or in-
subdrainage basin opportunities or on-site and in-
subdrainage basin opportunities do not have a high like-
lihood of success, after a determination of the natural
capacity of the site to mitigate for the impacts. Consid-
eration should include: anticipated wetland mitigation
replacement ratios, buffer conditions and proposed
widths, hydrogeomorphic classes of on-site wetlands
when restored, proposed flood storage capacity, poten-
tial to mitigate riparian fish and wildlife impacts (such
as connectivity);
(2) Off-site mitigation has a greater likelihood
of providing equal or improved wetland functions than
the impacted wetland; and
20.14-21 (Revised 7/16)
Bremerton Municipal Code 20.14.340
(3) Off-site locations shall be in the same
subdrainage basin unless:
(i) Established watershed goals for water
quality, flood or conveyance, habitat, or other wetland
functions have been established and strongly justify
location of mitigation at another site; or
(ii) Credits from a state-certified wetland
mitigation bank or state-approved in-lieu fee (ILF) site
are used as mitigation and the use of credits is consistent
with the terms of the bank’s certification or ILF
approval.
(e) Mitigation Timing. Mitigation projects shall be
completed with an approved monitoring plan prior to
activities that will disturb wetlands. In all other cases,
mitigation shall be completed immediately following
disturbance and prior to use or occupancy of the activity
or development. Construction of mitigation projects
shall be timed to reduce impacts to existing fisheries,
wildlife, and flora.
(1) The Director may authorize a one (1) time
temporary delay, up to one hundred twenty (120) days,
in completing minor construction and landscaping when
environmental conditions could produce a high proba-
bility of failure or significant construction difficulties.
The delay shall not create or perpetuate hazardous con-
ditions or environmental damage or degradation, and
the delay shall not be injurious to the health, safety, and
general welfare of the public. The request for the tempo-
rary delay must include a written justification that doc-
uments the environmental constraints that preclude
implementation of the mitigation plan. The justification
must be verified and approved by the City and include a
financial guarantee.
(f) Mitigation Ratios.
(1) Acreage Replacement Ratios. The follow-
ing ratios shall apply to creation or restoration that is in
kind, is on site, is the same category, is timed prior to or
concurrent with alteration, and has a high probability of
success. These ratios do not apply to remedial actions
resulting from unauthorized alterations; greater ratios
shall apply in those cases. These ratios do not apply to
the use of credits from a state-certified wetland mitiga-
tion bank or approved ILF site. When credits from a cer-
tified bank or approved ILF site are used, replacement
ratios should be consistent with the requirements of the
bank’s certification or site’s approved instrument. The
first number specifies the acreage of replacement wet-
lands and the second specifies the acreage of wetlands
altered.
(2) Increased Replacement Ratio. The Direc-
tor may increase the ratios under the following circum-
stances:
(i) Uncertainty exists as to the probable
success of the proposed restoration or creation;
(ii) A significant period of time will
elapse between impact and replication of wetland func-
tions;
(iii) Proposed mitigation will result in a
lower category wetland or reduced functions relative to
the wetland being impacted; or
(iv) The impact was an unauthorized
impact.
(g) Wetlands Enhancement as Mitigation.
(1) Impacts to wetland functions may be miti-
gated by enhancement of existing significantly
degraded wetlands, but where feasible should be used in
conjunction with restoration and/or creation. Applicants
proposing to enhance wetlands must produce a wetland
report that identifies how enhancement will increase the
functions of the degraded wetland and how this increase
will adequately mitigate for the loss of wetland area and
function at the impact site. An enhancement proposal
must also show whether existing wetland functions will
be reduced by the enhancement actions.
(2) Ratios for rehabilitation and enhancement
may be reduced when combined with one to one (1:1)
replacement through creation or reestablishment. See
Table 1a, Wetland Mitigation in Washington State - Part
1: Agency Policies and Guidance - Version 1 (Ecology
Publication No. 06-06-011a, Olympia, WA, March
2006 or as revised).
(h) Mitigation of Wetland Buffer Impacts. Com-
pensation for wetland buffer impacts shall occur at a
minimum one to one (1:1) ratio. Compensatory mitiga-
tion for buffer impacts shall include enhancement of
degraded buffers by planting native species and remov-
ing structures and impervious surfaces within buffers.
Wetland Category
Wetland Mitigation Type and Replacement Ratio
Creation Reestablishment Rehabilitation Enhancement Only
Category I 6:1 6:1 12:1 Not allowed
Category II 3:1 3:1 6:1 12:1
Category III 2:1 2:1 4:1 8:1
Category IV 1.5:1 1.5:1 3:1 6:1
(Revised 7/16)20.14-22
20.14.350
(i) Wetland Mitigation Banks.
(1) Credits from a wetland mitigation bank
may be approved for use as compensation for unavoid-
able impacts to wetlands when:
(i) The bank is certified under Chapter
173-700 WAC; and
(ii) The Director determines that the wet-
land mitigation bank provides appropriate compensa-
tion for the authorized impacts; and
(iii) The proposed use of credits is consis-
tent with the terms and conditions of the bank’s certifi-
cation.
(2) Replacement ratios for projects using
bank credits shall be consistent with replacement ratios
specified in the bank’s certification.
(3) Credits from a certified wetland mitiga-
tion bank may be used to compensate for impacts
located within the service area specified in the bank’s
certification. In some cases, bank service areas may
include portions of more than one (1) adjacent drainage
basin for specific wetland functions.
(j) Wetland Mitigation Monitoring. The mitiga-
tion plan shall include a program for monitoring con-
struction of the compensation project and for assessing
a completed project. A protocol shall be included outlin-
ing the schedule for site monitoring, and how the moni-
toring data will be evaluated. A monitoring report shall
be submitted as needed to document milestones, suc-
cesses, problems, and contingency actions of the com-
pensation project. The compensation project shall be
monitored for a period necessary to establish that perfor-
mance standards have been met, but not for a period less
than five (5) years. The Director shall have the authority
to modify or extend the monitoring period and require
additional monitoring reports for up to ten (10) years
when any of the following conditions apply:
(1) The project does not meet the performance
standards identified in the mitigation plan;
(2) The project does not provide adequate
replacement for the functions and values of the impacted
critical area;
(3) The project involves establishment of for-
ested plant communities, which require longer time for
establishment. (Ord. 5301 §3 (Exh. B) (part), 2016: Ord.
4965 §7 (part), 2006)
20.14.350 PERFORMANCE STANDARDS -
SUBDIVISIONS.
The subdivision and short subdivision of land in
wetlands and associated buffers is subject to the follow-
ing:
(a) Land that is located wholly within a wetland or
its buffer may not be subdivided.
(b) Land that is located partially within a wetland
or its buffer may be subdivided; provided, that an acces-
sible and contiguous portion of each new lot is located
outside of the wetland and its buffer.
(c) Access roads and utilities serving the proposed
subdivision may be permitted within the wetland and
associated buffers only if the City determines that no
other feasible alternative exists and when consistent
with this title and all other required state and federal
approvals. (Ord. 5301 §3 (Exh. B) (part), 2016: Ord.
4965 §7 (part), 2006)
20.14.360 WETLAND REPORT.
Critical area reports for wetlands must meet the
requirements of this section.
(a) Preparation by a Qualified Professional. A crit-
ical area report for wetlands shall be prepared by a qual-
ified professional who is a certified professional
wetland scientist or a noncertified professional wetland
scientist with a minimum of five (5) years experience in
the field of wetland science and with experience prepar-
ing wetland reports.
(b) Area Addressed in Wetland Report. The fol-
lowing areas shall be addressed in a critical area report
for wetlands:
(1) The project area of the proposed activity;
(2) All wetlands and recommended buffers
within three hundred (300) feet of the project area; and
(3) All shoreline areas, water features, flood-
plains, and other critical areas, and related buffers
within three hundred (300) feet of the project area.
(c) Wetland Analysis. A critical area report for
wetlands shall contain an analysis of the wetlands
including the following site- and proposal-related infor-
mation at a minimum:
(1) A written assessment and accompanying
maps of the wetlands and buffers within three hundred
(300) feet of the project area, including the following
information at a minimum:
(i) Wetland delineation and required
buffers;
(ii) Existing wetland acreage;
(iii) Wetland category;
(iv) Vegetative, faunal, and hydrologic
characteristics;
(v) Soil and substrate conditions;
(vi) Topographic elevations, at two (2)
foot contours; and
(vii)A discussion of the water sources sup-
plying the wetland and documentation of hydrologic
regime (locations of inlet and outlet features, water
depths throughout the wetland, evidence of recharge or
discharge, evidence of water depths throughout the year:
drift lines, algal layers, moss lines, and sediment depos-
its).
20.14-23 (Revised 7/16)
Bremerton Municipal Code 20.14.420
(2) A discussion of measures, including
avoidance, minimization, and mitigation, proposed to
preserve existing wetlands and restore any wetlands that
were degraded prior to the current proposed land use
activity.
(3) A habitat and native vegetation conserva-
tion strategy that addresses methods to protect and
enhance on-site habitat and wetland functions.
(4) Functional evaluation for the wetland and
adjacent buffer using a local or state agency staff-recog-
nized method and including the reference of the method
and all data sheets.
(5) Proposed mitigation, if needed, including
a written assessment and accompanying maps of the
mitigation area, including the following information at a
minimum:
(i) Existing and proposed wetland acre-
age;
(ii) Vegetative and faunal conditions;
(iii) Surface and subsurface hydrologic
conditions including an analysis of existing and future
hydrologic regime and proposed hydrologic regime for
enhanced, created, or restored mitigation areas;
(iv) Relationship within watershed and to
existing waterbodies;
(v) Soil and substrate conditions, and
topographic elevations;
(vi) Existing and proposed adjacent site
conditions;
(vii)Required wetland buffers (including
any buffer reduction and mitigation proposed to
increase the plant densities, remove weedy vegetation,
and replant the buffers);
(viii)Property ownership; and
(ix) Associated wetlands and related wet-
lands that may be greater than three hundred (300) feet
from the subject project.
(6) A scale map of the development proposal
site and adjacent area. A discussion of ongoing manage-
ment practices that will protect wetlands after the proj-
ect site has been developed, including proposed
monitoring and maintenance programs.
(7) A bond estimate for the installation
(including site preparation, plant materials and installa-
tion, fertilizers, mulch, stakes) and the proposed moni-
toring and maintenance work for the required number of
years.
(8) Title Notification. All activity in critical
area protection areas shall be accompanied by a title.
(d) Additional Information. When appropriate, the
Director may also require the wetland report to include
an evaluation by the State Department of Ecology or an
independent qualified expert regarding the applicant’s
analysis and the effectiveness of any proposed mitigat-
ing measures or programs, and to include any recom-
mendations as appropriate.
(1) If the development proposal site contains
or is within a wetland area, the applicant shall submit an
affidavit which declares whether the applicant has
knowledge of any illegal alteration to any or all wet-
lands on the proposed site and whether the applicant
previously has been found in violation of this chapter. If
the applicant has been found previously in violation, the
applicant shall declare whether such violation has been
corrected to the satisfaction of the jurisdiction.
(2) The Director shall determine if the mitiga-
tion and monitoring plans and bonding measures pro-
posed by the applicant are sufficient to protect the public
health, safety, and welfare, consistent with the goals,
purposes, objectives and requirements of this chapter.
(Ord. 5301 §3 (Exh. B) (part), 2016: Ord. 4965 §7
(part), 2006)
20.14.400 CRITICAL AQUIFER RECHARGE
AREAS.
BMC 20.14.410 through 20.14.450 pertain to criti-
cal aquifer recharge areas. (Ord. 5301 §3 (Exh. B)
(part), 2016: Ord. 4965 §7 (part), 2006)
20.14.410 DESCRIPTION AND PURPOSE.
Groundwater from aquifers provides a source of
potable water and contributes to stream discharge/flow.
Critical aquifer recharge areas contribute to the recharge
of aquifers, springs and/or wells and are susceptible to
contamination of water supplies through infiltration of
pollutants through the soil. City residents rely on an
essential life-sustaining safe drinking water supply. A
significant portion of the City’s drinking water comes
from groundwater supplies in aquifers. The primary
goals of groundwater protection regulations are to pro-
tect groundwater quality by maintaining the quantity of
recharge; avoiding or limiting land use activities that
pose potential risk of aquifer contamination; and to min-
imize or avoid adverse impacts to groundwater protec-
tion areas through the application of performance
standards, and to comply with the requirements of the
Federal Safe Drinking Water Act, Washington Admin-
istrative Code, and the requirements of the Wellhead
Protection Program. (Ord. 5301 §3 (Exh. B) (part),
2016: Ord. 4965 §7 (part), 2006)
20.14.420 CLASSIFICATION AND
DESIGNATION.
Critical aquifer recharge areas are those land areas
that contain hydrogeologic conditions that facilitate
aquifer recharge and/or transmission of contaminants to
an underlying aquifer. Critical aquifer recharge areas
under this section may be established based on general
criteria, specifically designated due to special circum-
(Revised 7/16)20.14-24
20.14.430
stances, or based on scientific studies and mapping
efforts. Factors considered in the identification of criti-
cal aquifer recharge areas include depth to water table,
presence of highly permeable soils (specifically Group
A hydrologic soils), presence of flat terrain, and the
presence of more permeable surficial geology. Critical
aquifer recharge areas may be placed in one (1) of the
following categories:
(a) Category I Critical Aquifer Recharge Areas.
Category I critical aquifer recharge areas are those areas
where potential for certain land use activities to
adversely affect groundwater is high. Category I critical
aquifer recharge areas include:
(1) Areas inside the five (5) year time-of-
travel zone for Group A water system wells, calculated
in accordance with the Washington State Source Water
Assessment Program.
(2) Ten (10) year time-of-travel zones in well-
head protection areas are included as critical aquifer
recharge when a well draws its water from an aquifer
that is at or above sea level and is without an overlying
protective impermeable layer.
(3) Areas identified as regionally significant
aquifer recharge areas and identified as such by the City
are:
(i) Gorst Basin Aquifer recharge area,
and
(ii) Other areas that may be identified in
the future.
(b) Category II Critical Aquifer Recharge Areas.
Category II critical aquifer recharge areas are areas that
provide recharge to aquifers that are current or poten-
tially will become potable water supplies and are vulner-
able to contamination based on the type of land use
activity. These include the following:
(1) Highly Permeable Soils (Group A Hydro-
logic Soils). The general location and characteristics of
Group A hydrologic soils in the City is given in the Soils
Survey of Kitsap County by the U.S. Department of
Agriculture, Natural Resources Conservation Service
(NRCS). The soil survey information is available at the
Department of Community Development.
(2) Areas Above Shallow/Vashon Principal
Aquifers. Surface areas above shallow, principal aqui-
fer(s) which are not separated from the underlying aqui-
fers by an impermeable layer that provides adequate
protections to preclude the proposed land use from con-
taminating the shallow aquifer(s) below, are considered
aquifer recharge areas of concern. (Ord. 5301 §3 (Exh.
B) (part), 2016: Ord. 4965 §7 (part), 2006)
20.14.430 DEVELOPMENT STANDARDS.
(a) Allowed Activities. The following activities
are allowed in critical aquifer recharge areas and do not
require submission of a hydrogeological assessment:
(1) Construction of structures and improve-
ments, including additions, resulting in less than five (5)
percent or two thousand five hundred (2,500) square
feet (whichever is greater) total site impervious surface
area that does not result in a change of use or increase
the use of a hazardous substance.
(2) Development and improvement of parks,
recreation facilities, open space, or conservation areas
resulting in less than five (5) percent total site impervi-
ous surface area that do not increase the use of a hazard-
ous substance.
Standards for development shall be in accor-
dance with the provisions below and the requirements of
other underlying city regulations.
(3) On-site domestic septic systems releasing
less than fourteen thousand five hundred (14,500) gal-
lons of effluent per day and that are limited to a maxi-
mum density of one (1) system per one (1) acre.
(4) Residential Use of Pesticides and Nutri-
ents. Application of household pesticides, herbicides,
and fertilizers that do not exceed times and rates speci-
fied on the packaging.
(5) Residential storage or use of petroleum
and petroleum products.
(6) Activities which have a potential contam-
ination source below threshold amounts as set forth in
applicable statutes of the Revised Code of Washington
or local regulations. The purpose of this clause is to
allow for small-scale and residential activities thought
to have no significant impacts to critical aquifer
recharge areas.
(b) Prohibited Activities. The following activities
and uses are prohibited in Category I critical aquifer
recharge areas:
(1) Landfills, including hazardous or danger-
ous waste, municipal solid waste, special waste, and
wood waste;
(2) Underground Injection Wells. Wells
which meet the requirements of Chapters 173-218 and
173-200 WAC with the exception of 5B22, 5D2, 5G30,
5W12, 5W32, 5R21, and 5S23;
(3) Commercial mining and washing of met-
als, hard rock, sand and gravel;
(4) Chemical wood preservation and/or treat-
ment facilities;
(5) Storage, processing, or disposal of radio-
active substances;
(6) Commercial activities that are not con-
nected to an available sanitary sewer system;
20.14-25 (Revised 7/16)
Bremerton Municipal Code 20.14.440
(7) Use or storage of pesticides listed as "State
restricted use pesticides" by Chapter 16-228 WAC;
(8) Within one thousand six hundred (1,600)
feet of Twin Lakes, any use of pesticides, and use of fer-
tilizers above agronomic rates;
(9) Oil and gas drilling as defined in WAC
332-12-450 and Chapter 173-218 WAC;
(10)Underground storage of hazardous sub-
stances as regulated by Chapter 173-360 WAC;
(11)Use, storage, treatment, or production of
perchlorethylene (PCE), other than in closed-loop sys-
tems that do not involve any discharge of PCE;
(12)Petroleum refining, reprocessing, storage
and petroleum-product pipelines;
(13)Electroplating/metal finishing;
(14)Activities that would significantly reduce
the recharge to aquifers currently or potentially used as
a potable water source; and
(15)Activities that would significantly reduce
the recharge to aquifers that are a source of significant
base flow to a regulated stream. (Ord. 5301 §3 (Exh. B)
(part), 2016: Ord. 4965 §7 (part), 2006)
20.14.440 ALLOWED USES WITH
PERFORMANCE STANDARDS.
(a) General Requirements. Any activity not spe-
cifically exempted through BMC 20.14.430 as allowed
or prohibited may be permitted in a critical aquifer
recharge area if all of the following criteria are met (a
list of specific uses with a potential threat to groundwa-
ter can be found in subsection (b) of this section):
(1) Hydrogeological Assessment.
(i) For Category I aquifer recharge areas
the applicant must show through a hydrogeological
assessment that the proposed activity will not cause sig-
nificant impact to aquifer quality or recharge. The
hydrogeological assessment will be evaluated and
treated as a special use review and be reviewed by the
Department, the health district, affected tribes, and
affected water purveyors. An incompatible activity can
be denied by the Director;
(ii) For Category II aquifer recharge areas
a hydrogeological assessment may be required. The
scope of the report shall be based on site-specific condi-
tions. The hydrogeological assessment will be evaluated
and treated as a special use review and be reviewed by
the Department, the health district, affected tribes, and
affected water purveyors. An incompatible activity can
be denied by the Director. The need for additional infor-
mation will be determined by the Department, the health
district, and the affected water purveyor. Based on the
report, controls, mitigation, and/or other requirements
will be established as a prerequisite for the development
proposal being approved.
(2) The proposed activity must comply with
the source water protection requirements and recom-
mendations of the U.S. Environmental Protection
Agency, Washington State Department of Health,
Washington Department of Ecology, and the Kitsap
County Health District.
(3) The proposed activity shall be designed
and constructed in accordance with BMC Title 15,
Municipal Utilities.
(4) The applicant must explore low-impact
development site design alternatives and implement
them. Low-impact development techniques can include,
but are not limited to:
(i) Rainwater harvesting;
(ii) Reverse slope sidewalks;
(iii) Vegetated roofs;
(iv) Bioretention areas (rain gardens); and
(v) Pervious pavement.
(b) Potential Threats to Groundwater. Specific
uses with potential threats to groundwater can include,
but are not limited to the following. Uses meeting the
listed performance standards may be allowed if the cri-
teria of this section are met.
(1) Anything that is not exempt per BMC
20.14.430.
(2) All storage tanks proposed to be located in
a critical aquifer recharge area must comply with local
building code requirements and must conform to the fol-
lowing requirements:
(i) All new above-ground storage facili-
ties proposed for use in the storage of hazardous sub-
stances or hazardous wastes shall be designed and
constructed so as to:
a. Not allow the release of a hazard-
ous substance to the ground, groundwaters, or surface
waters;
b. Have a primary containment area
enclosing or underlying the tank or part thereof; and
c. A secondary containment system
either built into the tank structure or a dike system built
outside the tank for all tanks.
(3) Vehicle Repair and Servicing.
(i) Vehicle repair and servicing must be
conducted over impermeable pads and within a covered
structure capable of withstanding normally expected
weather conditions. Chemicals used in the process of
vehicle repair and servicing must be stored in a manner
that protects them from weather and provides contain-
ment should leaks occur.
(ii) No dry wells shall be allowed in criti-
cal aquifer recharge areas on sites used for vehicle repair
and servicing. Dry wells existing on the site prior to
facility establishment must be abandoned using tech-
(Revised 7/16)20.14-26
20.14.450
niques approved by the State Department of Ecology
prior to commencement of the proposed activity.
(4) Water reuse projects for reclaimed water
must be in accordance with the adopted water or sewer
comprehensive plans that have been approved by the
State Departments of Ecology and Health.
(i) Use of reclaimed water for surface
percolation must meet the groundwater recharge criteria
given in RCW 90.46.010(10) and 90.46.080(1). The
State Department of Ecology may establish additional
discharge limits in accordance with RCW 90.46.080(2).
(ii) Direct injection must be in accor-
dance with the standards developed by authority of
RCW 90.46.042.
(5) Automobile washers as defined in Chapter
173-216 WAC.
(6) Chemical treatment storage and disposal
facilities as defined in WAC 173-303-182.
(7) Hazardous waste generators, including,
but not limited to: boat repair shops, biological research
facilities, dry cleaners, furniture stripping, motor vehi-
cle service garages, photographic processing, printing
and publishing shops, medical and dental facilities, etc.,
as defined in Chapter 173-303 WAC.
(8) Junk yards and salvage yards as defined in
Chapter 173-304 WAC, Best Management Practices to
Prevent Stormwater Pollution at Vehicle Recycler
Facilities (WDOE publication number 94-146).
(9) On-site sewage systems (large scale) as
defined in Chapter 173-240 WAC.
(10)On-site sewage systems (less than four-
teen thousand five hundred (14,500) gal./day) as defined
in Chapter 246-272 WAC.
(11)Pesticide storage and use as defined in
Chapters 15.54 and 17.21 RCW.
(12)Sawmills as defined in Chapters 173-303
and 173-304 WAC, WDOE publication number 95-53,
Best Management Practices to Prevent Stormwater Pol-
lution at Log Yards.
(13)Solid waste handling and recycling facili-
ties as defined in Chapter 173-304 WAC.
(14)Wastewater application to land surface as
defined in Chapters 173-216 and 173-200 WAC, and
WDOE Land Application Guidelines, Best Manage-
ment Practices for Irrigated Agriculture.
(15)New impervious surface area exceeding
twenty thousand (20,000) square feet.
(16)Beneficial use of biosolids as defined in
Chapter 173-308 WAC.
(17)Golf courses, provided:
(i) Fertilizer use is not above agronomic
rates;
(ii) Pesticides are managed and applied
by properly licensed personnel, and use of all pesticides
is approved by the affected water utility;
(iii) The golf course allows for periodic
monitoring by the Department or an affected water util-
ity.
(18)Noncommercial gravel and sand mining,
provided the extraction of materials remains no less than
ten (10) feet above the level of the aquifer.
(c) Affected Agency Review. The City will notify
Kitsap County Health District and affected water utili-
ties and will request them to comment during the pre-
liminary phases of the City’s review process on all
proposed projects defined in subsection (b) of this sec-
tion or other uses not explicitly allowed or prohibited in
BMC 20.14.430. The City in conjunction with these
agencies may approve, deny, or condition proposals.
(d) Inspection. City personnel may inspect at rea-
sonable times, upon presentation of credentials, as part
of its wellhead protection program any activity that is
known to manage or potentially manage hazardous
materials. (Ord. 5301 §3 (Exh. B) (part), 2016: Ord.
4965 §7 (part), 2006)
20.14.450 HYDROGEOLOGIC
ASSESSMENT.
The assessment shall address the impact the pro-
posed land use will have on both the quality and quantity
of the water transmitted to the aquifer.
(a) The assessment shall be submitted to the
Department and shall address, at a minimum, the fol-
lowing criteria:
(1) Surficial soil type and geologic setting;
(2) Location and identification of wells within
one thousand (1,000) feet of the site;
(3) Location and identification of surface
water bodies and springs within one thousand (1,000)
feet of the site with recharge potential;
(4) Description of underlying aquifers and
aquitards, including water level, gradients and flow
direction;
(5) Available surface water and groundwater
quality data;
(6) Effects of the proposed development on
water quality;
(7) Sampling schedules required to assure
water quality;
(8) Discussion of the effects of the proposed
development on the groundwater resource;
(9) Recommendations on appropriate BMPs
(best management practices) or mitigation to assure no
significant degradation of groundwater quality; and
(10)Other information as required by the Kit-
sap County Health District.
20.14-27 (Revised 7/16)
Bremerton Municipal Code 20.14.530
(11)The assessment shall also address the
types of pesticides, herbicides and fertilizers that can
safely be used for the care of landscaping proposed by
the applicant.
(b) The hydrogeologic assessment shall be pre-
pared by a professional geologist/hydrologist or by a
soil scientist with a strong background in geology (see
definition of "Qualified professional" in BMC
20.14.200).
(c) Applications for development or operations
with underground storage of petroleum products will be
processed using the appropriate procedure as specified
in existing Kitsap County ordinances.
(d) Analysis for a specific parcel(s), using the cri-
teria outlined below, will be employed to confirm if the
soils present require a recharge area designation. Data
collection will include, at a minimum, six (6) soil logs to
a depth of ten (10) feet (or to a depth four (4) feet below
the lowest proposed excavation point whichever is
greater) for each acre in the parcel(s) being evaluated.
At least one (1) well, two hundred (200) feet or greater
in depth with an adequate drilling report, must be avail-
able within one (1) mile. The associated data shall be
analyzed and included in the hydrogeologic assessment
to determine the presence of highly permeable soils with
the recharge area designation. (Ord. 5301 §3 (Exh. B)
(part), 2016: Ord. 4965 §7 (part), 2006)
20.14.500 FREQUENTLY FLOODED AREAS.
BMC 20.14.500 through 20.14.530 pertain to fre-
quently flooded areas. (Ord. 5301 §3 (Exh. B) (part),
2016: Ord. 4965 §7 (part), 2006)
20.14.510 DESCRIPTION AND 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 caused by flooding, while protecting the
functions and values of the floodplains. In addition, this
section will give special consideration to anadromous
fish habitat in combination with BMC 20.14.700, Fish
and Wildlife Habitat Conservation Areas. (Ord. 5301 §3
(Exh. B) (part), 2016: Ord. 4965 §7 (part), 2006)
20.14.520 CLASSIFICATION AND
DESIGNATION.
Frequently flooded areas are those areas established
as areas of special flood hazard under Chapter 17.60
BMC, Floodplain Management. Under Chapter 17.60
BMC, this includes those 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
(FIRM), and any revisions thereto. 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). (Ord. 5301 §3 (Exh.
B) (part), 2016: Ord. 4965 §7 (part), 2006)
20.14.530 DEVELOPMENT STANDARDS.
(a) All development proposals shall comply with
Chapter 17.60 BMC for general and specific flood haz-
ard protection. Development shall not reduce the base
flood water storage ability. Construction, grading or
other regulated activities that would reduce the flood
water storage ability must be mitigated by creating com-
pensatory storage on or off site.
(b) Base flood data and flood hazard notes shall be
shown on the face of any recorded plat or site plan
including, but not limited to, base flood elevations,
flood protection elevation, boundary of floodplain, and
zero rise floodway.
(c) Unless exempted in subsection (d) of this sec-
tion, when development occurs within the floodplain, a
habitat assessment is required, that is prepared in accor-
dance with Regional Guidance for Floodplain Habitat
Assessment and Mitigation (FEMA Region X, 2010), or
as hereafter amended. The assessment shall determine if
the project would adversely affect:
(1) The primary constituent elements identi-
fied when a species is listed as threatened or endan-
gered;
(2) Essential fish habitat designated by the
National Marine Fisheries Service;
(3) Fish and wildlife habitat conservation
areas;
(4) Vegetation communities and habitat struc-
tures;
(5) Water quality;
(6) Water quantity, including flood and low
flow depths, volumes and velocities;
(7) The channel’s natural planform pattern
and migration processes;
(8) Spawning substrate, if applicable; and/or
(9) Floodplain refugia, if applicable.
(d) The following activities do not require comple-
tion of a floodplain habitat assessment:
(1) Repair of existing building in its existing
footprint, including damages by fire or other casualties;
(2) Removal of noxious weeds;
(3) Replacement of nonnative vegetation with
native vegetation;
(4) Ongoing activities such as lawn and gar-
den maintenance;
(5) Removal of hazard trees;
(6) Normal maintenance of public utilities
and facilities;
(Revised 7/16)20.14-28
20.14.600
(7) Restoration or enhancement of flood-
plains, riparian areas and streams that meets federal and
state standards. (Ord. 5301 §3 (Exh. B) (part), 2016:
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. 5301 §3 (Exh. B) (part),
2016: 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 classify geologically haz-
ardous areas and set development standards for develop-
ment and clearing in or near geologically hazardous
areas. (Ord. 5301 §3 (Exh. B) (part), 2016: 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. 5301 §3
(Exh. B) (part), 2016: 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.
20.14-29 (Revised 7/16)
Bremerton Municipal Code 20.14.630
(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.
(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 (25) percent of a tree’s leaf-bear-
ing crown is removed. An even distribution of interior
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 (25)
percent 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 (25) percent 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.
(Revised 7/16)20.14-30
20.14.650
The Department may require vegetation enhancement
with appropriate species, and may call for an analysis of
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. 5301
§3 (Exh. B) (part), 2016: 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. 5301 §3 (Exh.
B) (part), 2016: Ord. 4965 §7 (part), 2006)
20.14-31 (Revised 7/16)
Bremerton Municipal Code 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
conditions, including ground materials, vegetation, sur-
face drainage, groundwater, and a preliminary geologic
hazard assessment which includes the location of struc-
tures and the identification of the slope and/or coastal
processes 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;
(Revised 7/16)20.14-32
20.14.700
(iii) Geotechnical criteria used for any
designs including all critical dimension, lateral earth
pressures, soil-bearing pressures, location and limits of
structure on or near the slope, maximum constructed
slope angles, minimum soil reinforcement embedment,
soil compaction requirements, and structure heights;
(iv) Temporary construction slope stabil-
ity recommendation and analyses of proposed final site
stability measures;
(v) Required construction specification
and construction monitoring procedures;
(vi) Revegetation and surface and ground-
water management requirements;
(vii)Evaluation of erosion potential and
recommendations for erosion avoidance and any pro-
posed mitigation measures; and
(viii)Detailed tabulation of all basic geo-
technical engineering test results pertinent to design and
construction, and when required for clarification,
detailed examples of tests conducted for the project.
(f) Revisions to Geotechnical Reports. Further
recommendations shall be provided by the geotechnical
engineer should there be additions or exceptions to the
original recommendation based on the plans, site condi-
tion, or other supporting data. If the geotechnical engi-
neer who revises the plans and specification is not the
same engineer who prepared the geotechnical report, the
new engineer shall, in a letter to the Department, express
his or her agreement or disagreement with the recom-
mendations in the geotechnical report and state whether
the plans and specification conform to his or her recom-
mendations.
(g) Plan and Specification Review. When the engi-
neered solutions are proposed, the geotechnical engi-
neer shall submit a statement that in his or her judgment,
the plans and specifications (if prepared by others) con-
form to the recommendations in the geotechnical report
and that all portions of the site which are disturbed or
impacted by the proposed development have appropri-
ate measures or specification that permit construction to
occur while addressing slope stability so that the work
does not create additional risk. The statement shall also
indicate whether or not a relative gain in slope stability
will be achieved after construction is complete.
(h) Monitoring and Third-Party Review.
(1) To protect public health, safety and wel-
fare, the Department may call for a third-party review of
any geotechnical report in cases where it determines
there may be substantial damage to life, property or the
environment should a proposed engineered solution fail.
When a third-party review is required, costs incurred for
a qualified third-party geotechnical engineer to perform
the review shall be borne by the applicant.
(2) Where revegetation or plantings are pro-
posed as a method to ensure slope stability, a monitoring
program shall be included as a part of the approved geo-
technical report. To ensure that the performance stan-
dards of the approved geotechnical report are met, the
vegetation shall be monitored for a minimum of five (5)
years. A longer monitoring period may be required by
the City based on either the initial report, or a review of
subsequent monitoring reports. The monitoring reports
shall be submitted on August 1st of each year during the
monitoring period.
(i) Construction Inspection. A final inspection
report shall be provided by the geotechnical engineer
stating that construction has or has not implemented the
design recommendations of the geotechnical report, and
evaluation of any deviation from the design recommen-
dations. (Ord. 5301 §3 (Exh. B) (part), 2016: Ord. 4965
§7 (part), 2006)
20.14.700 FISH AND WILDLIFE HABITAT
CONSERVATION AREAS.
BMC 20.14.700 through 20.14.760 pertain to fish
and wildlife habitat conservation areas. (Ord. 5301 §3
(Exh. B) (part), 2016: Ord. 4965 §7 (part), 2006)
20.14.710 DESCRIPTION AND PURPOSE.
The intent of these regulations is to avoid impacts
to streams, riparian habitat, anadromous fish, and wild-
life conservation areas where such avoidance is feasible
and reasonable. This section of the City Code contains
standards, guidelines, criteria and requirements
intended to identify, evaluate and mitigate potential
impacts to habitat conservation areas within the City and
to enhance degraded habitat and streams in appropriate
cases. In appropriate circumstances, impacts resulting
from regulated activities may be minimized, rectified,
reduced and/or compensated for, consistent with this
chapter. The regulations are to manage land so as to
maintain fish and wildlife species in suitable habitats
within their natural geographic distribution so that iso-
lated subpopulations are not created and achieve no net
loss in fish or wildlife habitat or stream functions. (Ord.
5301 §3 (Exh. B) (part), 2016: Ord. 4965 §7 (part),
2006)
20.14.720 CLASSIFICATION AND
DESIGNATION OF FISH AND
WILDLIFE HABITAT
CONSERVATION AREAS.
Classification and designation of fish and wildlife
habitat conservation areas is an ongoing process; while
not all of the following critical habitat conservation
areas are known to exist in the City, their designation
here allows for future categorization for protection. The
20.14-33 (Revised 7/16)
Bremerton Municipal Code 20.14.720
following categories shall be used for relevant develop-
ment standards of BMC 20.14.730.
(a) Streams and River Shorelines. All streams and
river shorelines which meet the criteria for Type S, F,
Np or Ns waters as set forth in WAC 222-16-030 of the
Department of Natural Resources Water Typing Sys-
tem.
(1) Type S water means all waters, within
their bankfull width, as inventoried as "shorelines of the
state" under Chapter 90.58 RCW and the rules promul-
gated pursuant to Chapter 90.58 RCW including period-
ically inundated areas of their associated wetlands.
(2) Type F water means segments of natural
waters other than Type S waters, which are within the
bankfull widths of defined channels and periodically
inundated areas of their associated wetlands, or within
lakes, ponds, or impoundments having a surface area of
one-half (1/2) acre or greater at seasonal low water and
which in any case contain fish habitat or are described
by one (1) of the following four (4) categories:
(i) Waters, which are diverted for
domestic use by more than ten (10) residential or camp-
ing units or by a public accommodation facility licensed
to serve more than ten (10) persons, where such diver-
sion is determined by the Department to be a valid
appropriation of water and the only practical water
source for such users. Such waters shall be considered to
be Type F water upstream from the point of such diver-
sion for one thousand five hundred (1,500) feet or until
the drainage area is reduced by fifty (50) percent, which-
ever is less;
(ii) Waters, which are diverted for use by
federal, state, tribal or private fish hatcheries. Such
waters shall be considered Type F water upstream from
the point of diversion for one thousand five hundred
(1,500) feet, including tributaries if highly significant
for protection of downstream water quality. The Depart-
ment may allow additional harvest beyond the require-
ments of Type F water designation, provided the
Department determines after a landowner-requested on-
site assessment by the Department of Fish and Wildlife,
Department of Ecology, the affected tribes and inter-
ested parties that:
a. The management practices pro-
posed by the landowner will adequately protect water
quality for the fish hatchery; and
b. Such additional harvest meets the
requirements of the water type designation that would
apply in the absence of the hatchery;
(iii) Waters, which are within a federal,
state, local, or private campground having more than ten
(10) camping units; provided, that the water shall not be
considered to enter a campground until it reaches the
boundary of the park lands available for public use and
comes within one hundred (100) feet of a camping unit,
trail or other park improvement;
(iv) Riverine ponds, wall-based channels,
and other channel features that are used by fish for off-
channel habitat. These areas are critical to the mainte-
nance of optimum survival of fish. This habitat shall be
identified based on the following criteria:
a. The site must be connected to a
fish habitat stream and accessible during some period of
the year; and
b. The off-channel water must be
accessible to fish.
(3) Type Np water means all segments of nat-
ural waters within the bankfull width of defined chan-
nels that are perennial nonfish habitat streams. Perennial
streams are waters that do not go dry any time of a year
of normal rainfall. However, for the purpose of water
typing, Type Np waters include the intermittent dry por-
tions of the perennial channel below the uppermost
point of perennial flow. If the uppermost point of peren-
nial flow cannot be identified with simple, nontechnical
observations (see board manual, section 23), then Type
Np waters begin at a point along the channel where the
contributing basin area is:
(i) At least thirteen (13) acres in the
Western Washington coastal zone (which corresponds
to the Sitka spruce zone defined in Franklin and Dyr-
ness, 1973);
(ii) At least fifty-two (52) acres in other
locations in Western Washington; or
(iii) At least three hundred (300) acres in
Eastern Washington.
(4) Type Ns water means all segments of nat-
ural waters within the bankfull width of the defined
channels that are not Type S, F, or Np waters. These are
seasonal, nonfish habitat streams in which surface flow
is not present for at least some portion of a year of nor-
mal rainfall and are not located downstream from any
stream reach that is a Type Np water. Type Ns waters
must be physically connected by an above-ground chan-
nel system to Type S, F, or Np waters.
(b) Saltwater Shorelines and Lakes Twenty (20)
Acres and Greater in Surface Area. Those saltwater
shorelines and lakes defined as shorelines of the state in
the Shoreline Management Act of 1971 and the Bremer-
ton Shoreline Master Program as amended. Shorelines
include: Type S waters as set forth in WAC 222-16-030
(DNR Water Typing System) as amended; commercial
and recreational shellfish areas; kelp and eelgrass beds;
and forage fish spawning areas (i.e., herring, smelt, and
sand lance).
(c) Lakes Less than Twenty (20) Acres in Surface
Area. Those lakes which meet the criteria for Type F,
Np, and Ns waters as set forth in WAC 222-16-030 as
(Revised 7/16)20.14-34
20.14.720
amended. This includes lakes and ponds less than
twenty (20) acres in surface area and their submerged
aquatic beds, lakes, and ponds planted with game fish by
a governmental or tribal authority.
(d) Class I Fish and Wildlife Conservation Areas.
(1) Habitats and species recognized by federal
or state agencies for federal and/or state-listed endan-
gered, threatened and sensitive species that have pri-
mary association documented in maps or databases
available to the City and that, if altered, may reduce the
likelihood that the species will maintain and reproduce
over the long term.
(2) Areas that contain habitats and species of
local importance. These areas are identified by the City,
including but not limited to those habitats and species
that, due to their population status or sensitivity to hab-
itat manipulation, warrant protection. Habitats may
include a seasonal range or habitat element with which
a species has a primary association, and which, if
altered, may reduce the likelihood that the species will
maintain and reproduce over the long term. Habitats of
local importance can include attributes such as compar-
atively high wildlife density, high wildlife species rich-
ness, significant wildlife breeding habitat, seasonal
ranges or movement corridors of limited availability
and/or high vulnerability. These habitats may include
cliffs, meadows, old-growth/mature forests, snag-rich
areas, and urban natural open spaces.
(e) Class II Fish and Wildlife Conservation Areas.
(1) Habitats for state-listed candidate and
monitored species documented in maps or databases
available to the City, which if altered, may reduce the
likelihood that the species will maintain and reproduce
over the long term.
(2) Habitats that have been identified through
maps, databases, reports, or studies that include attri-
butes such as comparatively high wildlife density, high
wildlife species richness, significant wildlife breeding
habitat, seasonal ranges or movement corridors of lim-
ited availability and/or high vulnerability. These habi-
tats may include caves, cliffs, meadows, old-
growth/mature forests, snag-rich areas, talus slopes, and
urban natural open space.
(f) Habitats and Species of Local Importance. The
City should accept and consider nominations for habitat
areas and species to be designated as locally important.
(1) Habitats and species to be designated shall
exhibit the following characteristics:
(i) Local populations of native species
are in danger of extirpation based on existing trends;
(ii) Local populations of native species
that are likely to become endangered; or
(iii) Local populations of native species
that are vulnerable or declining.
(2) The species or habitat has recreation, com-
mercial, game, tribal, or other special value.
(3) Long-term persistence of a species locally
is dependent on the protection, maintenance, and/or res-
toration of the nominated habitat.
(4) Protection by other county, state, or fed-
eral policies, laws, regulations, or nonregulatory tools is
not adequate to prevent degradation of the species or
habitat in the City.
(5) Without protection, there is likelihood that
the species or habitat will be diminished locally over the
long term.
(6) Areas nominated to protect a particular
habitat or species must represent either high-quality
native habitat or habitat that has a high potential to
recover to a suitable condition and which is of limited
availability, highly vulnerable to alteration, or provides
landscape connectivity which contributes to the integ-
rity of the surrounding landscape.
(7) Habitats and species may be nominated
for designation by any person.
(8) The nomination should indicate whether
specific habitat features are to be protected (for exam-
ple, nest sites, breeding areas, and nurseries), or whether
the habitat or ecosystem is being nominated in its
entirety.
(9) The nomination may include management
strategies for the species or habitats. Management strat-
egies must be supported by the best available science,
and where restoration of habitat is proposed, a specific
plan for restoration must be provided prior to nomina-
tion.
(10)The Director shall determine whether the
nomination proposal is complete and, if complete, shall
evaluate it according to the characteristics enumerated
in subsection (f)(1) of this section and make a recom-
mendation to the Planning Commission based on those
findings.
(11)The Planning Commission shall hold a
public hearing for proposals found to be complete and
make a recommendation to the City Council based on
the characteristics enumerated in subsection (f)(1) of
this section.
(12)Following the recommendation of the
Planning Commission, the City Council shall decide
whether to designate a habitat or species of local impor-
tance by resolution.
(13)Establishment of Specific Rules for Pro-
tection. Within one hundred twenty (120) days of the
effective date of an ordinance designating a species or
habitat of local importance, the Director shall develop
an administrative rule addressing protection in compli-
ance with this section.
20.14-35 (Revised 7/16)
Bremerton Municipal Code 20.14.730
(14)Development Standards. Regulated uses
in designated fish and wildlife habitat conservation
areas and/or buffers shall comply with the performance
standards outlined in this section. (Ord. 5301 §3 (Exh.
B) (part), 2016: Ord. 4965 §7 (part), 2006)
20.14.730 DEVELOPMENT STANDARDS.
For the purposes of this title, a designated fish and
wildlife habitat conservation area with its buffer is a
critical area. Those regulated uses identified below
within designated fish and wildlife habitat conservation
areas shall comply with the performance standards out-
lined in this chapter. A habitat management plan (HMP)
is a site investigation to evaluate the potential presence
or absence of a regulated fish or wildlife species or hab-
itat affecting a subject property and proposed develop-
ment.
(a) Endangered, Threatened, and Sensitive Spe-
cies.
(1) No development shall be allowed within a
habitat conservation area or buffer with which state or
federally endangered, threatened, or sensitive species
have a primary association, except that which is pro-
vided for by a habitat management plan (HMP).
(2) Whenever activities are proposed adjacent
to a habitat conservation area with which state or feder-
ally endangered, threatened, or sensitive species have a
primary association, such area shall be protected
through the application of protection measures in accor-
dance with an HMP prepared by a qualified professional
and approved by the City. Approval for alteration of
land adjacent to the habitat conservation area or its buf-
fer shall not occur prior to consultation with the Wash-
ington Department of Fish and Wildlife for animal
species, the Washington State Department of Natural
Resources for plant species, and other appropriate fed-
eral or state agencies.
(b) Anadromous Fish.
(1) All activities, uses, and alterations pro-
posed to be located in water bodies used by anadromous
fish or in areas that affect such water bodies shall give
special consideration to the preservation and enhance-
ment of anadromous fish habitat, including, but not lim-
ited to, adhering to the following standards:
(i) Activities shall be timed to occur only
during the allowable work window as designated by the
Washington Department of Fish and Wildlife for the
applicable species;
(ii) If alternative alignment or location
for the activity is not feasible, then activities shall be
designed so that it will not degrade the functions or val-
ues of the fish habitat or other critical areas;
(iii) Shoreline erosion control measures
shall be designed to use bioengineering methods or soft
armoring techniques, according to an approved critical
area report; and
(iv) Any impacts to the functions or val-
ues of the habitat conservation area are mitigated in
accordance with an approved habitat management plan.
(2) Structures that prevent the migration of
salmonids shall not be allowed in the portion of water
bodies currently or historically used by anadromous
fish. Fish bypass facilities shall be provided that allow
the upstream migration of adult fish and shall prevent
fry and juveniles migrating downstream from being
trapped or harmed.
(3) Fills, when authorized by the Shoreline
Master Program, shall not adversely impact anadromous
fish or their habitat or shall mitigate any unavoidable
impacts and shall only be allowed for a water-dependent
use.
(c) Wetland Habitats. All proposed activities
within or adjacent to habitat conservation areas contain-
ing wetlands shall conform to the wetland development
performance standards set forth in BMC 20.14.300. If
nonwetlands habitat and wetlands are present at the
same location, the provisions of this chapter or the wet-
lands chapter, whichever provides greater protection to
the habitat, apply.
(d) Buffers and Associated Building Setback
Areas. The distance shall be measured from the ordinary
high water mark (OHM) or from the top of the bank
where the OHM cannot be identified. Buffers shall
remain undisturbed natural beach or vegetation areas
except where the buffer can be enhanced to improve its
functional attributes, as approved by the Department.
Buffers shall be maintained along the perimeter of fish
and wildlife habitat conservation areas, as listed below
in Table 1 of this section. Refuse shall not be placed in
buffers. Alteration of buffer areas and building setbacks
may be allowed for water-dependent and water-related
activities and for other development authorized by an
HMP, reasonable use exceptions, general exemptions,
standards for existing (nonconforming) development,
and variances in general exemptions, BMC 20.14.145.
(Revised 7/16)20.14-36
20.14.730
(1) Buffers. Where existing buffer area plant-
ings provide minimal vegetative cover and cannot pro-
vide the City’s water quality standards or habitat
functions (per the requirements of the Department of
Ecology and Fish and Wildlife), buffer enhancement
shall be required. Where buffer enhancement is
required, a plan shall be prepared that includes plant
densities that are not less than three (3) feet on center for
shrubs and eight (8) feet on center for trees. Monitoring
and maintenance of plants shall be required in accor-
dance with BMC 20.14.760, Monitoring and Contin-
gency Plan. Existing buffer vegetation is considered
"inadequate" and will require enhancement through
additional native plantings and removal of nonnative
plants when:
(i) Nonnative or invasive plant species
provide the dominant cover;
(ii) Vegetation is lacking due to distur-
bance and marine, stream, or habitat resources could be
adversely affected; or
(iii) Enhancement plantings in the buffer
could significantly improve buffer functions.
(2) "Minimum building setback" is the
required horizontal distance between the finished exte-
rior wall of a structure and the edge of the buffer of the
lot on which the structure is located. All portions of a
structure must be located away from the buffer a dis-
tance equal to or greater than the minimum setback.
Uses not requiring a permit defined in the City Building
Code as set forth in Chapter 17.04 BMC may be permit-
ted in the setback if the Department determines that such
intrusions will not adversely impact the fish and wildlife
habitat conservation area.
(3) Stream Buffer Measurement. Streams
shall be classified according to the stream type system
as provided in WAC 222-16-031, Interim water typing
system. Stream buffer areas are defined by these classi-
fications, as shown in Table 1 of this section. Buffers
shall be measured from the ordinary high water mark
(OHM) or from the top of the bank where the OHM can-
not be identified. The buffer width shall be increased to
include streamside wetlands which provide overflow
storage for stormwaters, feed water back to the stream
during low flows or provide shelter and food for fish. In
braided channels, the OHM or top of bank shall be
defined so as to include the entire stream feature.
(4) Buffer Averaging. For buffering averag-
ing for areas within the areas of shoreline jurisdiction,
please refer to Shoreline Master Program Section
7.010(c)(5). For all other areas, buffer widths may be
modified by averaging buffer widths as long as the total
area contained within the buffer after averaging is no
less than the required buffer prior to averaging, and as
set forth below. A buffer enhancement plan shall be
required for any request for buffer averaging. The
enhancement plan shall be similar to a mitigation plan,
and include provisions for mitigation monitoring and
contingency plans. Buffer width averaging shall be
allowed only where the applicant demonstrates through
a report prepared by a qualified biologist or habitat spe-
cialist with five (5) years’ experience that:
(i) Buffer averaging is necessary to
avoid a hardship caused by circumstances to the prop-
erty;
(ii) The habitat contains variations in sen-
sitivity due to existing physical characteristics, or the
buffer varies in characteristics and it would benefit from
a wider buffer in places and would not be adversely
impacted by a narrower buffer in other places;
(iii) Lower intensity land uses would be
located adjacent to areas where the buffer width is
reduced;
(iv) The widest portion of the buffer shall
be the area where the habitat is most sensitive;
(v) Buffer width averaging will not
adversely impact fish and wildlife habitat conservation
areas;
(vi) The buffer width may be reduced by
thirty-five (35) percent of the standard buffer, but not
less than thirty-five (35) feet unless provided for by a
habitat management plan.
20.14.730 Table 1: Water Type Buffer Standards
Water Types Attributes
Minimum Building
Setback
Buffer Width
Standard
S
Saltwater and Freshwater
See Shoreline Master Program for buffer and minimum building setback per
Ordinance 5229, or as hereinafter amended
F Fish habitat waters 15 feet beyond buffer 150 feet
Np Year-round, nonfish habitat 15 feet beyond buffer 50 feet
Ns Seasonal, nonfish habitat 15 feet beyond buffer 35 feet
20.14-37 (Revised 7/16)
Bremerton Municipal Code 20.14.730
(5) Buffer Reduction. Buffers and associated
building setbacks may be reduced where the applicant
demonstrates through an approved HMP relying on best
available science and prepared by a qualified specialist
with five (5) years’ experience that through buffer
enhancement the smaller buffer would provide equal or
better protection than the larger buffer, but shall not be
reduced by more than thirty-five (35) percent. Enhance-
ment techniques can include, but are not limited to:
(i) Planting of native trees or shrubs,
increasing the diversity of plant cover types, replacing
exotic species with native species, or reestablishing fish
areas adjacent to a marine shoreline or stream where one
(1) currently does not exist will result in improved func-
tion of the fish habitat;
(ii) Fish barrier removal to restore acces-
sibility to resident or anadromous fish;
(iii) Fish habitat enhancement using log
structures incorporated as part of a fish habitat enhance-
ment plan;
(iv) Stream and/or retention/detention
pond improvements:
a. Removal or modification of
existing stream culverts (such as at road crossings) to
improve fish passage and flow capabilities, or
b. Upgrade of retention/detention
facilities or other drainage facilities beyond required
levels to provide a more naturalized habitat;
(v) Removal of existing bulkheads to
improve fish spawning and habitat areas;
(vi) Daylighting a stream that was previ-
ously culverted or piped, or daylighting box culverts or
trestles.
(6) Stormwater Management Facilities.
Stormwater management facilities, limited to stormwa-
ter dispersion outfalls and bioswales, may be allowed
within the outer twenty-five (25) percent of the buffer;
provided, that:
(i) No other location is feasible; and
(ii) The buffer is over one hundred (100)
feet in width; and
(iii) The location of such facilities will not
degrade the functions or values of the stream and/or
habitat area shown through an approved HMP.
(7) Low-Impact Development (LID) Facili-
ties. LID facilities, may be allowed within stream buf-
fers; provided, that:
(i) No other location is feasible; and
(ii) The buffer is over one hundred (100)
feet in width; and
(iii) The location of such facilities will not
degrade the functions or values of the stream and/or
habitat area shown through an approved HMP.
(8) Habitat Conservation Area Buffers. For
Type F, Type Np, and Type Ns waters only, habitat con-
servation area buffers shall be shown on the develop-
ment site plans or final plat maps along with the notation
requirements identified in BMC 20.58.080.
(i) If an existing property has a previ-
ously delineated and approved fish and wildlife habitat
conservation area and associated buffer by the City, the
approved conservation area and buffer may remain in
effect. Redevelopment, and/or additions outside of the
existing footprint shall be subject to the previously
approved buffer; however, a buffer enhancement plan
may be required in accordance if the habitat buffer area
has become degraded or is currently not functioning or
if the habitat area and/or buffer may be negatively
affected by proposed new development. If, according to
the buffer enhancement plan, additional buffer mitiga-
tion is not sufficient to protect the habitat, the City may
require larger buffers where it is necessary to protect
habitat functions based on site-specific characteristics.
(e) Class I Fish and Wildlife Conservation Areas.
All development as described within this chapter or
within two hundred (200) feet of designated Class I
wildlife conservation areas shall adhere to the following
standards:
(1) All sites with known locations of Class I
fish and wildlife conservation areas or sites within two
hundred (200) feet, or the applicable distance identified
by Washington Department of Fish and Wildlife man-
agement recommendations, whichever is greater, to
known locations of Class I fish and wildlife conserva-
tion areas will require, for all development permits, the
submittal and approval of a habitat management plan
(HMP) as specified in BMC 20.14.750. The require-
ment for an HMP shall be determined during the
SEPA/critical areas review on the project.
(2) All new development within two hundred
(200) feet of habitat elements with which Class I fish
and wildlife have a critical habitat, or the applicable dis-
tance identified by Washington Department of Fish and
Wildlife management recommendations, whichever is
greater, may require the submittal of an HMP as speci-
fied in BMC 20.14.750. The requirement for an HMP
shall be determined during the SEPA/critical areas
review on the project.
(Revised 7/16)20.14-38
20.14.730
(f) Class II Fish and Wildlife Conservation Area.
All new development within Class II fish and wildlife
conservation areas may require the submittal of an
HMP. An HMP shall consider measures to retain and
protect the wildlife habitat and shall consider effects of
land use intensity, buffers, setbacks, impervious sur-
faces, erosion control and retention of native vegetation.
The requirement for an HMP shall be determined during
the SEPA/critical areas review on the project.
(g) Stream Crossings. Any private or public road
expansion or new construction which is allowed and
must cross streams classified within this chapter shall
comply with the following minimum development stan-
dards:
(1) Bridges or bottomless culverts shall be
required for all fish-bearing streams. Other alternatives
may be allowed upon submittal of a habitat management
plan which demonstrates that other alternatives would
not result in significant impacts to the fish and wildlife
conservation area, as determined appropriate through
the Washington State Department of Fish and Wildlife,
hydraulics project approval process. The plan must
demonstrate that salmon habitat will be replaced on a
1:1 ratio;
(2) Crossings shall not occur in salmonid
spawning areas unless no other feasible crossing site
exists. For new development proposals, if existing
crossings are determined to adversely impact salmon
spawning or passage areas, new or upgraded crossings
shall be located as determined necessary through coor-
dination with the Washington State Department of Fish
and Wildlife;
(3) Bridge piers or abutments shall not be
placed in either the floodway or between the ordinary,
high water marks unless no other feasible alternative
placement exists;
(4) Crossings shall not diminish flood carry-
ing capacity;
(5) Crossings shall serve multiple properties
whenever possible; and
(6) Where there is no reasonable alternative to
providing a conventional culvert, the culvert shall be the
minimum length necessary to accommodate the permit-
ted activity (guidance for these projects can be found in
the Washington Department of Fish and Wildlife "Fish
Passage Design at Road Culverts" design manual 1999,
and the National Marine Fisheries Service "Guidelines
for Salmonid Passage at Stream Crossings" 2000).
(h) Stream Relocations. Stream relocations for the
purpose of flood protection and/or fisheries restoration
shall only be permitted when adhering to the following
minimum performance standards and when consistent
with Washington State Department of Fish and Wildlife
hydraulic project approval:
(1) The channel, bank and buffer areas should
be replanted with native vegetation in undisturbed ripar-
ian condition;
(2) For those shorelands and waters desig-
nated as frequently flooded areas, a professional engi-
neer licensed in the State of Washington shall provide
information demonstrating that the equivalent base
flood storage volume and function will be maintained;
and
(3) Relocated stream channels shall be
designed to meet or exceed the functions and values of
the stream to be relocated.
(i) Pesticides, Fertilizers and Herbicides. No pes-
ticides, herbicides or fertilizers may be used in fish and
wildlife conservation areas or their buffers, except those
approved by the EPA and approved under a DOE water
quality modification permit for use in fish and wildlife
habitat conservation area environments. Where
approved, herbicides must be applied by a licensed
applicator in accordance with the safe application prac-
tices on the label.
(j) Land Divisions and Land User Permits. All
proposed divisions of land and land uses (subdivisions,
short subdivisions, residential cluster developments,
conditional use permits, site plan reviews, and binding
site plans) which include fish and wildlife habitat con-
servation areas shall comply with the following proce-
dures and development standards:
(1) The open water area of lakes, streams, and
tidal lands shall not be permitted for use in calculating
minimum lot area;
(2) Land division approvals shall be condi-
tioned so that all required buffers are dedicated as open
space tracts or an easement or covenant encumbering
the buffer. Such dedication, easement or covenant shall
20.14.730 Table 2: Wildlife Habitat Conservation
Areas
Class I All developments within 200 ft. or
applicable distance by WDFW
management recommendations of a
designated Class I wildlife habitat
conservation area shall have buffer widths
determined by a mandatory habitat
management plan.
Class
II
All development within a Class II wildlife
habitat conservation area shall have the
buffer widths be determined by the
SEPA/critical area review on the project
and may require a habitat management
plan.
20.14-39 (Revised 7/16)
Bremerton Municipal Code 20.14.730
be recorded together with the land division and repre-
sented on the final plat, short plat or binding site plan;
(3) In order to avoid the creation of noncon-
forming lots, each new lot shall contain at least one (1)
building site that meets the requirements of this chapter,
including buffer requirements for habitat conservation
areas. This site must also have access and a sewage dis-
posal system location that are suitable for development
and does not adversely impact the fish and wildlife con-
servation area;
(4) After preliminary approval and prior to
final land division approval, the Department may
require the common boundary between a required buffer
and the adjacent lands be identified using permanent
signs. In lieu of signs, alternative methods of buffer
identification may be approved when such methods are
determined by the Department to provide adequate pro-
tection to the aquatic buffer.
(k) Trails and Trail-Related Facilities. Construc-
tion of public and private trails and trail-related facili-
ties, such as benches, interpretive centers, and viewing
platforms, may be allowed in fish and wildlife habitat
conservation areas or their buffers pursuant to the fol-
lowing standards:
(1) Trails and related facilities shall, to the
extent feasible, be placed on existing road grades, utility
corridors, or other such previously disturbed areas;
(2) Trails and related facilities shall be
planned to minimize removal of trees, shrubs, snags and
important wildlife habitat;
(3) Viewing platforms, interpretive centers,
benches and access to them shall be designed and
located to minimize disturbance of wildlife habitat
and/or critical characteristics of the affected conserva-
tion area;
(4) Trails, in general, shall be set back from
streams so that there will be no or minimal impact to the
stream from trail use or maintenance. Trails shall be
constructed with pervious surfaces when feasible;
(5) Trails shall be generally limited to pedes-
trian use unless other more intensive uses, such as bike
or horse trails, have been specifically allowed and miti-
gation has been provided. Trail width shall not exceed
five (5) feet unless there is demonstrated need, subject
to review and approval by the Department. Trails shall
be constructed with pervious materials unless otherwise
approved by the Department;
(6) Trails shall not be allowed to fully enclose
a habitat area or buffer; and
(7) The Department may require closure of
trails during critical spawning, migration or breeding
time periods of the species present.
(l) Utilities. Placement of utilities within desig-
nated fish and wildlife habitat conservation areas may
be allowed pursuant to the following standards and that
the applicant obtains all other required state and federal
approvals for any work in-water or in wetlands:
(1) Utilities maintenance activities involving
no material change in size or function shall be allowed
within designated fish and wildlife habitat conservation
areas, subject to best management practices;
(2) Construction of utilities may be permitted
in fish and wildlife habitat conservation areas or their
buffers, only when no feasible or reasonable alternative
location is available and the utility corridor meets the
requirements for installation, replacement of vegetation
and maintenance outlined below, and as required in the
filing and approval of an HMP which may be required
by this chapter;
(3) Construction of sewer lines or on-site sew-
age systems may be permitted in fish and wildlife habi-
tat conservation areas or their buffers when the applicant
demonstrates it is necessary to meet state and/or local
health code requirements, there are no other feasible
alternatives available, and construction meets the
requirements of this section. Joint use of the sewer util-
ity corridor by other utilities may be allowed;
(4) New utility corridors shall not be allowed
in fish and wildlife habitat conservation areas with
known locations of federal or state-listed endangered,
threatened or sensitive species, heron rookeries or nest-
ing sites of raptors which are listed as state candidate
except in those circumstances where an approved HMP
indicates that the utility corridor will not significantly
impact the conservation area;
(5) New utility corridor construction and
maintenance shall protect the environment of fish and
wildlife habitat conservation areas and their buffers by
the following:
(i) New utility facilities, improvements,
or upgrades to existing utility facilities should take place
within existing improved rights-of-way or existing
impervious surfaces so that they do not increase the
amount of impervious surfaces within the habitat area;
(ii) New utility corridors shall be aligned
when possible to avoid cutting or root damage to trees
greater than twelve (12) inches in diameter at breast
height (four and one-half (4-1/2) feet) measured on the
uphill side;
(iii) New utility corridors shall be revege-
tated with appropriate native or equivalent vegetation at
not less than preconstruction vegetation densities or
greater, immediately upon completion of construction
or as soon thereafter as possible due to seasonal growing
constraints. The utility shall ensure that such vegetation
survives;
(iv) Any additional corridor access for
maintenance shall be provided wherever possible at spe-
(Revised 7/16)20.14-40
20.14.740
cific points rather than by parallel roads. If parallel roads
are necessary, they shall be of a minimum width but no
greater than fifteen (15) feet and shall be contiguous to
the location of the utility corridor on the side away from
the conservation area;
(6) Utility corridor maintenance shall include
the following measures to protect the environment of
regulated fish and wildlife habitat conservation areas:
(i) Utility towers should be painted with
brush, pad or roller and should not be sandblasted or
spray-painted, nor should lead-based paints be used;
(ii) Pesticides, Fertilizers and Herbicides.
No pesticides or fertilizers may be used in fish and wild-
life conservation areas or their buffers, except those her-
bicides approved by a licensed applicator in accordance
with the safe application practices on the label.
(m) Bank Stabilization. A stream channel and bank
may be stabilized when naturally occurring earth move-
ment threatens existing structures (defined as requiring
a building permit pursuant to the applicable building
code), public improvements, unique natural resources,
public health, safety or welfare, or the only feasible
access to property, and, in the case of streams and
marine shorelines, when such stabilization results in
maintenance of fish and wildlife habitat, flood control
and improved water quality. Where bank stabilization is
determined to be necessary, bioengineering or other
nonstructural methods should be the first option for pro-
tection. Bulkheads and retaining walls may only be uti-
lized as an engineering solution where it can be
demonstrated that an existing residential structure can-
not be safely maintained or set back without such mea-
sures, and that the resulting retaining wall is the
minimum length necessary to provide a stable building
area for the structure. A variance pursuant to BMC
20.58.030 must be obtained in all other cases. The
Department may require that bank stabilization be
designed by a professional engineer and geologist
licensed in the State of Washington with demonstrated
expertise in hydraulic actions of shorelines. Bank stabi-
lization projects may also require a City grading permit
and hydraulic project approval from the Washington
Department of Fish and Wildlife. Nonstructural marine
shoreline and stream bank protective techniques are pre-
ferred to bulkheads or other types of marine shoreline
and stream bank armoring. Nonstructural techniques
include but are not limited to vegetation plantings and
bioengineering. Guidance for these projects can be
found in the Washington Department of Fish and Wild-
life’s "Integrated Streambank Protection Guidelines
Manual" for determining when, why, where, and what
projects need to be completed to protect an eroding
bank.
(n) Fencing and Signs. Prior to approval or issu-
ance of permits for land divisions and new development,
the Department may require the common boundary
between a required buffer and the adjacent lands be
identified using fencing or permanent signs. In lieu of
fencing or signs, alternative methods of buffer identifi-
cation may be approved when such methods are deter-
mined by the Department to provide adequate protection
to the buffer.
(o) Road/Street Repair and Construction. Any pri-
vate or public road or street expansion or construction
which is allowed in a fish and wildlife habitat conserva-
tion area or its buffer shall comply with the following
minimum development standards:
(1) No other reasonable or feasible alternative
exists and the road or street crossing serves multiple
properties whenever possible;
(2) Expansion or construction of any private
or public road shall only be allowed when adverse
impacts cannot be avoided;
(3) Public and private roads should provide
for other purposes, such as utility crossings, pedestrian
or bicycle easements, viewing points, etc.;
(4) The road or street construction is the min-
imum necessary, as required by the Department of Pub-
lic Works, and shall comply with the Department of
Public Works and Utilities’ standards; and
(5) Construction time limits shall be deter-
mined in consultation with the Washington Department
of Fish and Wildlife in order to ensure habitat protec-
tion.
(p) Other Allowed Uses in Fish and Wildlife Con-
servation Areas. Other activities may be allowed using
the standard for a Category II wetland buffer as identi-
fied by BMC 20.14.330(e). (Ord. 5301 §3 (Exh. B)
(part), 2016: Ord. 4965 §7 (part), 2006)
20.14.740 SPECIAL REPORTS.
Habitat Management Plan Requirements.
(a) General. If the City determines that impacts to
habitats may occur as a result of a development project,
a habitat management plan (HMP) shall be required.
The applicant may choose to complete an HMP for a
site-specific analysis to better determine the impact to
habitat and to determine the appropriate buffer width
and associated building setbacks for their project based
on the site-specific analysis. The preparation and sub-
mission of this report is the responsibility of the appli-
cant. The report shall rely on best available science as
defined in WAC 365-195-900 through 365-195-925 and
shall be prepared by a qualified professional who is a
biologist with five (5) years of experience preparing
reports for the relevant type of habitat. The City may
retain a qualified consultant at the applicant’s expense to
review and confirm the applicant’s reports, studies and
plans. The HMP shall clearly demonstrate that greater
protection of the functions and values of critical areas
20.14-41 (Revised 7/16)
Bremerton Municipal Code 20.14.740
can be achieved through the HMP than could be
achieved through providing the prescribed habitat buf-
fers and building setbacks. An applicant may propose to
implement an HMP as a means to protect habitat buffers
associated with streams and/or fish and wildlife conser-
vation areas. Approval for an HMP shall not occur prior
to the consultation with the appropriate federal or state
agencies.
(b) Intent. HMPs are primarily intended as a
means to restore or improve buffers that have been
degraded by past activity, and should preserve, and not
reduce, existing high-quality habitat buffers. While not
primarily intended as a means to reduce buffers, the
HMP may propose a reduction of the habitat buffer
width where it is shown that the HMP will comply with
the other requirements of this section.
(c) Effect of Buffers. An HMP shall provide habi-
tat functions and values that are greater than would be
provided by the prescribed habitat buffers. When habitat
buffers are a component of an HMP, they shall be at
least the minimum size necessary to accomplish the
objectives of the HMP. The HMP may propose, but the
City shall not require, a habitat buffer containing a
greater area than is required by the prescribed habitat
buffer.
(d) Impact Mitigation. The HMP shall encompass
an area large enough to provide mitigation for buffer
reduction below the standard required buffers, and shall
identify how the development impacts resulting from
the proposed project will be mitigated as defined in
BMC 20.14.750. The developer of the plan shall use the
best available science in all facets of the analyses.
(e) The assessment of habitats for the site and proj-
ect shall at a minimum include the following informa-
tion:
(1) A map prepared at an easily readable
scale, showing:
(i) The location of the proposed develop-
ment site;
(ii) Property boundaries;
(iii) The relationship of the site to sur-
rounding topographic, water, and cultural features;
(iv) Proposed building locations and
arrangements;
(v) A legend which includes a complete
legal description, acreage of the parcel, scale, north
arrow, and date of map revision;
(2) Detailed description of vegetation on and
adjacent to the project area and its associated buffer;
(3) Identification of any species of local
importance, priority species, or endangered, threatened,
sensitive, or candidate species that have a primary asso-
ciation with habitat on or adjacent to the project area,
and assessment of potential project impacts to the use of
the site by the species;
(4) A discussion of any federal, state, or local
special management recommendations, including
Washington Department of Fish and Wildlife habitat
management recommendations, that have been devel-
oped for species or habitats located on or adjacent to the
project area;
(5) A detailed discussion of the direct and
indirect potential impacts on habitat by the project,
including potential impacts to water quality;
(6) Enhancement of existing degraded buffer
area and replanting of the disturbed buffer area with
native vegetation;
(7) The use of alternative on-site wastewater
systems in order to minimize site clearing;
(8) Retention of existing native vegetation on
other portions of the site in order to offset habitat loss
from buffer reduction;
(9) The need for fencing and signage along
the buffer edge;
(10)A discussion of measures, including
avoidance, minimization, and mitigation, proposed to
preserve existing habitats and restore any habitat that
was degraded prior to the current proposed land use
activity and to be conducted in accordance with the mit-
igation sequencing required by this chapter; and
(11)A discussion of ongoing management
practices that will protect habitat after the project site
has been developed, including proposed monitoring,
maintenance, and enforcement programs.
(f) When appropriate due to the type of habitat or
species present or the project conditions, the Director
may also require the habitat management plan to
include:
(1) An evaluation by an independent qualified
professional regarding the applicant’s analysis and the
effectiveness of any proposed mitigating measures or
programs, to include any recommendations as appropri-
ate;
(2) A request for consultation with the Wash-
ington Department of Fish and Wildlife or the local
Native American Indian tribe or other appropriate
agency; and
(3) Detailed surface and subsurface hydro-
logic features both on and adjacent to the site, including
a field determination of the ordinary high water mark or
any surface waters and supporting documentation.
(g) Mitigation Measures. Possible mitigation mea-
sures to be included in the report, or required by the
Director, could include, but are not limited to:
(1) Establishment of buffer zones;
(2) Preservation of critically important plants
and trees;
(3) Limitation of access to habitat areas;
(Revised 7/16)20.14-42
20.14.750
(4) Seasonal restriction of construction activi-
ties;
(5) Establishing phased development require-
ments; and
(6) Monitoring plan for a period necessary to
establish that performance standards have been met.
Generally this will be for a period of seven (7) to ten
(10) years.
(h) HMP Adequacy. The HMP shall demonstrate
to the satisfaction of the City that the habitat functions
and values are improved by implementation of the
HMP. If there is a disagreement between the City and
the applicant as to the adequacy of the HMP, the issue
of plan adequacy shall be resolved by consulting with
the appropriate federal or state agency. If the federal or
state agencies are not available in a timely manner, the
applicant may choose to have the City refer the HMPs to
a third-party consultant at the expense of the applicant.
After consultation with such state departments or third-
party consultant, the Director shall make a final decision
on the adequacy of the HMP.
(i) Timing. An HMP must be developed and
approved either prior to preliminary plat approval or
issuance of the building permit, as applicable, and must
be implemented before the City grants either final plat
approval or an occupancy permit, as applicable. (Ord.
5301 §3 (Exh. B) (part), 2016: Ord. 4965 §7 (part),
2006)
20.14.750 MITIGATION STANDARDS AND
CRITERIA.
(a) The applicant shall avoid all impacts that
degrade the functions and values of a critical area or
areas. Unless otherwise provided in this title, if alter-
ation to the critical area is unavoidable, all adverse
impacts to or from critical areas and buffers resulting
from a development proposal or alteration shall be mit-
igated using the best available science in accordance
with an approved habitat management plan and SEPA
documents, so as to result in no net loss of critical area
functions and values.
(b) Mitigation shall be in kind and on site, when
possible, and sufficient to maintain the functions and
values of the critical area, and to prevent risk from a haz-
ard posed by a critical area.
(c) Mitigation shall not be implemented until after
the City’s approval of an HMP that includes a mitigation
plan, and mitigation shall be in accordance with the pro-
visions of the approved HMP.
(d) Mitigation Sequencing. Applicants shall
demonstrate that all reasonable efforts have been exam-
ined with the intent to avoid and minimize impacts to
critical areas. When an alteration to a critical area is pro-
posed, such alteration shall be avoided, minimized, or
compensated for in the following sequential order of
preference:
(1) Avoiding the impact altogether by not tak-
ing a certain action or parts of an action;
(2) Minimizing impacts by limiting the
degree or magnitude of the action and its implementa-
tion by using appropriate technology, or by taking affir-
mative steps, such as project redesign, relocation, or
timing, to avoid or reduce impacts;
(3) Rectifying the impact to habitat conserva-
tion areas by repairing, rehabilitating, or restoring the
affected environment to the historical conditions or the
conditions existing at the time of the initiation of the
project;
(4) Reducing or eliminating the impact or
hazard over time by preservation and maintenance oper-
ations during the life of the action;
(5) Compensating for the impact to habitat
conservation areas by replacing, enhancing, or provid-
ing substitute resources or environments; and
(6) Monitoring the hazard or other required
mitigation and taking remedial action when necessary.
Mitigation for individual actions may include a
combination of the above measures.
(e) Mitigation Plan Requirements. When mitiga-
tion is required, the applicant shall submit for approval
by the City a mitigation plan as part of the HMP. The
mitigation plan shall include:
(1) Environmental Goals and Objectives. The
mitigation plan shall include a written report identifying
environmental goals and objectives of the compensation
proposed and including:
(i) A description of the anticipated
impacts to the critical areas and the mitigating actions
proposed and the purposes of the compensation mea-
sures, including the site selection criteria, identification
of compensation goals, identification of resource func-
tions, and dates for beginning and completion of site
compensation construction activities. The goals and
objectives shall be related to the functions and values of
the impacted critical area;
(ii) A review of the best available science
supporting the proposed mitigation and a description of
the report author’s experience to date in restoring or cre-
ating the type of critical area proposed; and
(iii) An analysis of the likelihood of suc-
cess of the compensation project.
(2) Performance Standards. The mitigation
plan shall include measurable specific criteria for evalu-
ating whether or not the goals and objectives of the mit-
igation project have been successfully attained and
whether or not the requirements of this title have been
met.
20.14-43 (Revised 7/16)
Bremerton Municipal Code 20.14.760
(3) Detailed Construction Plans. The mitiga-
tion plan shall include written specifications and
descriptions of the mitigation proposed, such as:
(i) The proposed construction sequence,
timing, and duration;
(ii) Grading and excavation details;
(iii) Erosion and sediment control fea-
tures;
(iv) A planting plan specifying plant spe-
cies, quantities, locations, size, spacing, and density;
and
(v) Measures to protect and maintain
plants until established.
These written specifications shall be accompa-
nied by detailed site diagrams, scaled cross-sectional
drawings, topographic maps showing slope percentage
and final grade elevations, and any other drawings
appropriate to show construction techniques or antici-
pated final outcome.
(4) Monitoring Program. The mitigation plan
shall include a program for monitoring construction of
the compensation project and for assessing a completed
project (BMC 20.14.760, Monitoring and Contingency
Plan). A protocol shall be included outlining the sched-
ule for site monitoring (for example, monitoring shall
occur in years one (1), three (3), five (5), and seven (7)
after site construction), and how the monitoring data
will be evaluated to determine if the performance stan-
dards are being met. A monitoring report shall be sub-
mitted as needed to document milestones, successes,
problems, and contingency actions of the compensation
project. The compensation project shall be monitored
for a period necessary to establish that performance
standards have been met, but not for a period less than
five (5) years.
(5) Contingency Plan. The mitigation plan
shall include identification of potential courses of
action, and any corrective measures to be taken if mon-
itoring or evaluation indicates project performance stan-
dards are not being met (BMC 20.14.760).
(6) Financial Guarantees. The mitigation plan
shall include financial guarantees, if necessary, to
ensure that the mitigation plan is fully implemented.
Financial guarantees ensuring fulfillment of the com-
pensation project, monitoring program, and any contin-
gency measures shall be posted in accordance with
bonds to ensure mitigation, maintenance, and monitor-
ing (BMC 20.14.760).
(f) Innovative Mitigation.
(1) The city may encourage, facilitate, and
approve innovative mitigation projects that are based on
the best available science. Advance mitigation or miti-
gation banking are examples of alternative mitigation
projects allowed under the provisions of this section
wherein one (1) or more applicants, or an organization
with demonstrated capability, may undertake a mitiga-
tion project together if it is demonstrated that all of the
following circumstances exist:
(i) Creation or enhancement of a larger
system of critical areas and open space is preferable to
the preservation of many individual habitat areas;
(ii) The group demonstrates the organiza-
tional and fiscal capability to act cooperatively;
(iii) The group demonstrates that long-
term management of the habitat area will be provided;
and
(iv) There is a clear potential for success
of the proposed mitigation at the identified mitigation
site. (Ord. 5301 §3 (Exh. B) (part), 2016: Ord. 4965 §7
(part), 2006)
20.14.760 MONITORING AND
CONTINGENCY PLAN.
(a) A monitoring program shall be included as a
part of the approved mitigation plan for a fish and wild-
life habitat conservation area. To ensure that the perfor-
mance standards of the approved mitigation plan have
been met, the mitigation and/or buffer enhancement
site(s) shall be monitored for a minimum of five (5)
years. A longer monitoring period may be required by
the City based on either the initial mitigation plan or a
review of subsequent monitoring reports. The monitor-
ing reports shall be submitted on August 1st of each year
during the monitoring period.
An acceptable surety device is required to ensure
the applicant’s compliance with the terms of the mitiga-
tion agreement.
(1) Performance Surety. All mitigation and
buffer enhancement shall be completed prior to final
plat approval and/or building occupancy depending on
the type of application. However, when improvements
cannot be completed prior to final acceptance due to
weather conditions which may negatively affect the suc-
cess of the project, a performance surety may be used.
The performance surety shall equal one hundred fifty
(150) percent of the cost of the mitigation project, and
the required improvements shall be installed in a satis-
factory manner within six (6) months or less.
(2) Maintenance Surety. A maintenance
surety shall be required on all mitigation projects to
ensure that the improvement successfully survives the
monitoring periods set above.
(i) Mitigation Projects. The amount of
the maintenance surety shall be equal to fifteen (15) per-
cent of the cost of the mitigation project and the term of
the surety shall reflect the term of the monitoring pro-
gram.
(Revised 7/16)20.14-44
20.14.760
(ii) Buffer Enhancement Projects. The
amount of the maintenance surety shall be equal to fif-
teen (15) percent of the costs of the enhancement project
and the term of the surety shall reflect the term of the
monitoring program.
(3) Monitoring Deposit. A cash deposit shall
be submitted with all sureties prior to final acceptance of
the project to cover the estimated City costs to review
the yearly monitoring reports and conduct a site inspec-
tion to ensure the performance standards are being met.
(b) Long-Term Maintenance. To ensure the long-
term success of the fish and wildlife habitat conserva-
tion area, the applicant or their heirs or successors shall
be responsible for the long-term maintenance of the hab-
itat area and its associated buffer. The habitat and buffer
shall be kept clear of weeds, invasive plant material,
lawn clippings, junk, debris, intrusions or the like. (Ord.
5301 §3 (Exh. B) (part), 2016: Ord. 4965 §7 (part),
2006)
20.16-1 (Revised 7/16)
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. 5301 §3 (Exh. B) (part), 2016: Ord. 5230 §1,
2013)
20.18-1 (Revised 7/16)
Bremerton Municipal Code 20.18.050
Chapter 20.18
TEXT AMENDMENTS
Sections:
20.18.010 APPLICABILITY.
20.18.020 GENERAL PROVISIONS.
20.18.030 TEXT AMENDMENTS.
20.18.040 PROCEDURAL TEXT
AMENDMENTS.
20.18.050 MINOR CORRECTIONS.
20.18.060 AMENDMENTS TO THE
SHORELINE MASTER
PROGRAM.
20.18.010 APPLICABILITY.
From time to time a change in circumstance or con-
ditions may warrant a change in the development regu-
lations of this title, which are consistent with the
Comprehensive Plan. Text amendments revise the text
of this title and change specific standards, procedures,
meanings or other provisions of the code. (Ord. 5301 §3
(Exh. B) (part), 2016: Ord. 4950 §8 (Exh. A) (part),
2005)
20.18.020 GENERAL PROVISIONS.
(a) Applicant. Any interested party may initiate a
text amendment to any provision of BMC Title 20.
(b) Fee. An application fee, pursuant to the
adopted fee schedules in Chapter 3.01 BMC, shall
accompany an application for a text amendment.
Amendments initiated by the City shall be exempt from
the application fee.
(c) Notice. Published notice shall be given prior to
public hearing dates in the official newspaper in accor-
dance with the following schedule:
(1) Ten (10) calendar days for the first Plan-
ning Commission public hearing;
(2) Five (5) calendar days for the first City
Council public hearing;
(3) Subsequent hearing dates on the same pro-
posal do not require additional publication of notice; and
(4) Consideration shall be given to WAC 365-
195-600 (Public Participation) in determining if addi-
tional notice requirements are necessary.
(d) Approval Criteria. A text amendment may be
approved if it is found that:
(1) It is consistent with the goals and policies
of the Comprehensive Plan; and
(2) It does not conflict with other City, state
and federal codes, regulations and ordinances.
(e) Comprehensive Plan Consistency. If a Com-
prehensive Plan amendment is required in order to sat-
isfy subsection (d)(1) of this section, approval of the
Comprehensive Plan amendment is required prior to or
concurrently with the granting of an approval on the text
amendment. (Ord. 5301 §3 (Exh. B) (part), 2016: Ord.
4950 §8 (Exh. A) (part), 2005)
20.18.030 TEXT AMENDMENTS.
(a) Applicability. This section applies to amend-
ments involving substantive changes such as those stan-
dards prescribed in BMC Title 20, Division III, Zoning,
Chapter 20.14 BMC, Critical Areas, or Chapter 20.12
BMC, Land Division. (Note: A change to these chapters
does not automatically constitute a substantive change.)
(b) Procedures. Specific procedural requirements
are prescribed in Chapter 36.70A RCW. The Planning
Commission conducts public hearings and makes a rec-
ommendation to the City Council. The City Council,
following its own public hearing(s), may approve,
approve with modifications, deny or remand the Plan-
ning Commission’s recommendation for additional
study. (Ord. 5301 §3 (Exh. B) (part), 2016: Ord. 4950 §8
(Exh. A) (part), 2005)
20.18.040 PROCEDURAL TEXT
AMENDMENTS.
(a) Applicability. This section applies to amend-
ments involving changes to procedural requirements
such as those prescribed in Chapter 20.02 BMC, Project
Permits, or Chapter 20.04 BMC, State Environmental
Policy Act. (Note: A change to these chapters does not
automatically constitute a procedural change.)
(b) Procedures. The Department shall make a rec-
ommendation to the City Council. The City Council,
following its own public hearing, may approve, approve
with modifications, or deny the Department’s recom-
mendation.
(c) State Environmental Policy Act. Procedural
amendments are exempt from environmental review
(SEPA) pursuant to WAC 197-11-800(20). (Ord. 5301
§3 (Exh. B) (part), 2016: Ord. 4950 §8 (Exh. A) (part),
2005)
20.18.050 MINOR CORRECTIONS.
(a) Exempt. An amendment that does not result in
any substantive change to the content or meaning of a
regulation such as a correction to the punctuation or
numbering sequence shall be exempt from notice and
hearing requirements of this chapter.
(b) Procedures. The Department makes a recom-
mendation to the City Council, who may approve, mod-
ify and approve, or deny the amendment. Amendments
to make minor corrections are processed in accordance
with the ordinance requirements set forth in the City
Charter, Article III, Legislation. (Ord. 5301 §3 (Exh. B)
(part), 2016: Ord. 4950 §8 (Exh. A) (part), 2005)
(Revised 7/16)20.18-2
20.18.060
20.18.060 AMENDMENTS TO THE
SHORELINE MASTER PROGRAM.
(a) Applicability. This section applies to amend-
ments to Chapter 20.16 BMC, Shoreline Development.
(b) Procedures. Review procedures are prescribed
in Chapter 173-26 WAC and the Shoreline Master Pro-
gram. A minimum of one public hearing shall be held
prior to the City Council’s decision on the amendment.
The City Council may approve, approve with modifica-
tions, or deny an amendment.
(c) Approval of Ecology. A City Council decision
approving an amendment shall be transmitted to the
Washington State Department of Ecology, who
approves, recommends specific changes necessary to
make the proposal consistent with Chapter 90.58 RCW
policy and its applicable guidelines, or denies the
amendment. (Ord. 5301 §3 (Exh. B) (part), 2016: Ord.
4950 §8 (Exh. A) (part), 2005)
20.40-1 (Revised 7/16)
Bremerton Municipal Code 20.40.070
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. 5301 §3 (Exh. B) (part), 2016: 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. 5301 §3 (Exh. B) (part), 2016: 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;
(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; and
(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. 5301 §3 (Exh. B)
(part), 2016: 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. 5301 §3
(Exh. B) (part), 2016: 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. 5301 §3 (Exh. B) (part), 2016: 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.
5301 §3 (Exh. B) (part), 2016: 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
(Revised 7/16)20.40-2
20.40.080
this code, the most restrictive provision shall prevail.
(Ord. 5301 §3 (Exh. B) (part), 2016: 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
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. 5301 §3 (Exh. B)
(part), 2016: 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.
5301 §3 (Exh. B) (part), 2016: 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. 5301 §3 (Exh. B) (part), 2016:
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. 5301 §3 (Exh. B) (part), 2016:
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. 5301 §3
(Exh. B) (part), 2016: 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. 5301 §3 (Exh. B) (part), 2016: 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. 5301 §3 (Exh. B) (part), 2016: 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.
20.40-3 (Revised 7/16)
Bremerton Municipal Code 20.40.200
(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. 5301 §3 (Exh. B) (part), 2016:
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.
(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
principal 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. 5301 §3 (Exh. B) (part), 2016: 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(a)
identifies the relationships between a Comprehensive
Plan designation and establishes the zoning districts that
may be approved within each Comprehensive Plan des-
ignation. (Ord. 5301 §3 (Exh. B) (part), 2016: 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 stormwater 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. 5301 §3 (Exh. B) (part), 2016: 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. 5301 §3 (Exh. B) (part),
2016: 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.
5301 §3 (Exh. B) (part), 2016: Ord. 4950 §8 (Exh. A)
(part), 2005)
(Revised 7/16)20.40-4
Figure 20.40(a)
Figure 20.40(a)
The following figure lists the Bremerton Comprehensive Plan Land Use Map designations with corresponding BMC
Title 20, Land Use, implementing zoning districts:
(Ord. 5301 §3 (Exh. B) (part), 2016: Ord. 5111 §2, 2010: Ord. 5091 §3, 2009: Ord. 4950 §8 (Exh. A) (part), 2005)
Figure 20.40(a) COMPREHENSIVE PLAN/ZONING CONSISTENCY
COMPREHENSIVE PLAN DESIGNATION IMPLEMENTING ZONING DISTRICTS
Low Density Residential (LDR) Low Density Residential (R-10)
Medium Density Residential (MDR) Low Density Residential (R-10)
Medium Density Residential (R-10M)
Multifamily Residential (MR) Low Density Residential (R-10)
Medium Density Residential (R-10M)
Multifamily Residential (R-20)
District Centers (DC) District Center Core (DCC)
Employment Center (EC) Employment Center (EC)
Downtown Regional Center (DRC) Business Core (BC)
Downtown Core (DC)
Downtown Waterfront (DW)
Neighborhood Business (NB)
Manufacturing and Industrial Center (MIC) Puget Sound Industrial Center-Bremerton (PSI-B)
Industrial (I)
General Commercial (GC) General Commercial (GC)
Freeway Corridor (FC)Freeway Corridor (FC)
Neighborhood Business (NB) Neighborhood Business (NB)
Industrial (I) Industrial (I)
City Utility Lands (CUL)
Higher Education (HE) Institutional (INST)
City Utility Lands (CUL) City Utility Lands (CUL)
Watershed (WS)
Watershed Lands (WS) Watershed (WS)
Naval Base-Kitsap Naval Base Kitsap-Bremerton
20.42-1 (Revised 7/16)
Bremerton Municipal Code 20.42.040
Chapter 20.42
DEFINITIONS
Sections:
20.42.010 INTRODUCTION TO
DEFINITIONS.
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. 5301 §3 (Exh. B) (part),
2016: Ord. 4950 §8 (Exh. A) (part), 2005)
20.42.040 DEFINITIONS.
The following definitions shall be applied within
this title:
(a) Definitions "A":
"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 one (1) year 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 communications facility may not be considered
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, 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.")
"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.")
"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-
(Revised 7/16)20.42-2
20.42.040
ing architectural features, appurtenances, or adorn-
ments.
"Antenna tower" means any structure that is
designed and constructed primarily for the purpose of
supporting one (1) or more antennas, including but not
limited to self-supporting lattice towers, guy towers or
monopole towers.
(1) "Type I tower" means a tower up to, but
not exceeding, sixty (60) feet in height.
(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, recreational
vehicles, boats, motorcycles, etc. See "Retail, general"
for clarification of automobile sales that are wholly
indoors.
"Automobile service and repair" means an estab-
lishment primarily engaged in repairing, maintaining, or
servicing automobiles, including battery exchange sta-
tion.
"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
backlighting, shall have no effect on the sign require-
ments, unless lighted signs are specifically prohibited in
that area or zone.
(b) Definitions "B":
"Battery charging station" means an electrical
component assembly or cluster of component assem-
blies designed specifically to charge batteries within
electric vehicles, which meet or exceed any standards,
codes, and regulations set forth by Chapter 19.28 RCW
and consistent with rules adopted under RCW
19.27.540.
"Battery exchange station" means a fully auto-
mated facility that will enable an electric vehicle with a
swappable battery to enter a drive lane and exchange the
depleted battery with a fully charged battery through a
fully automated process, which meets or exceeds any
standards, codes, and regulations set forth by Chapter
19.28 RCW and consistent with rules adopted under
RCW 19.27.540.
"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
20.42-3 (Revised 7/16)
Bremerton Municipal Code 20.42.040
included as part of the basic compensation. This does
not include group residential homes, boarding and
rooming houses.
"Buffering" means a structural, earthy, or vegeta-
tive form used to minimize the impacts of one land use
upon another. A buffer may include any one or a combi-
nation of fences, walls, berms, high shrubs, trees, or
other landscaping. Distance separation is also a form of
buffering.
"Building code" means the International Building
Code and related codes as amended and adopted by the
City of Bremerton.
"Building coverage" means that portion of a lot
covered by the roof areas of all structures. This shall not
include open decks up to thirty (30) inches above
ground, except if it provides a roof over occupancy
underneath.
"Building envelope, allowable" means the three
(3) dimensional space within which a structure is per-
mitted to occupy. Height, floor area ratio, setbacks, lot
coverage and similar restrictions establish the building
envelope.
"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.
(c) Definitions "C":
"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.
"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.
"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.
"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.
(d) Definitions "D":
"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.
(Revised 7/16)20.42-4
20.42.040
"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
R302 of the IRC. For commercial structures see the
International 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.)
"Driveway" means a private roadway providing
access for vehicles to a parking space, garage, dwelling,
or other structure.
"Duplex" means a structure containing two (2)
dwelling units on a single lot.
"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, duplex" means a building designed and
arranged exclusively for occupancy by two (2) families
living independently of each other in separate dwelling
units.
"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.") Multi-unit
structures also include:
(1) "Dormitories" means a structure intended
principally for sleeping accommodations, where no
individual kitchen facilities are provided, and which is
related to an educational institution or maintained by a
nonprofit welfare organization.
"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.")
"Dwelling, townhouse," for purposes of this code,
means a single-unit structure in a row of at least three (3)
or more such units in which each unit has its own 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.
"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.
(e) Definitions "E":
"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.
"Electric vehicle charging station" means a public
or private parking space that is served by battery
charging station equipment that has as its primary pur-
pose the transfer of electric energy (by conductive or
inductive means) to a battery or other energy storage
device in an electric vehicle. An electric vehicle
charging station equipped with Level 1 (one hundred
twenty (120) volts) or Level 2 (two hundred forty (240)
volts) charging equipment is permitted outright as an
accessory use to any principal use.
"Electric vehicle infrastructure" means struc-
tures, machinery, and equipment necessary and integral
to support an electric vehicle, including battery charging
stations, rapid charging stations, and battery exchange
stations.
20.42-5 (Revised 7/16)
Bremerton Municipal Code 20.42.040
"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.
(f) Definitions "F":
"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-
age), or length of the property line of a flag lot that most
closely parallels the street it most directly relates to.
(g) Definitions "G":
"Garage" means an attached or detached enclosed
accessory structure intended primarily for the storage of
private vehicles such as automobiles, light trucks or rec-
reational vehicles.
"Gas station" means a land use involving the retail
sale of gasoline or other motor vehicle fuel or oil,
including electric vehicle rapid charging stations. Gas
stations include self-service and full-service operations.
"Grade" means the lowest point of elevation of the
finished surface of the ground, paving or sidewalk
within the area between the building and the property
line. When the property line is more than five (5) feet
from the building, grade is the lowest point of elevation
of the finished surface between the building and a line
five (5) feet from the building. For structures built over
water, "grade" shall mean the elevation of the ordinary
high water mark. For the purposes of signs, "grade" is
the level of the ground surface immediately below a sign
or proposed sign location, and where slope is involved
is the average of the levels at each supporting member
of the sign’s structure.
"Grade, average final" means the average of the
final grade that will be directly under the proposed
building or structure. Calculations of the average final
grade shall be made by averaging the elevations at the
center of all exterior walls of the proposed building or
structure.
"Grade, existing" means the grade or topography
existing prior to any excavation, clearing, grading or
filling.
"Gross floor area (g.f.a.)" means the sum of all
horizontal areas of floors of a structure when measured
from the exterior faces of exterior walls, including
glazed or screened porches.
"Group residential" means a place of residence for
persons with physical, developmental or mental disabil-
ities, homeless or otherwise dependent persons (not
including dormitories), typically with shared living
quarters without separate kitchen facilities for each
room or unit. Group homes are intended to provide res-
idential facilities in a home-like environment. Such
homes range from licensed establishments operated
with twenty-four (24) hour supervision to nonlicensed
facilities offering only shelter. This classification
includes group care residence for those whose perma-
nent residence is the group residential facility. It does
not include transient lodging. This definition shall not
be construed to include crisis care facilities, detoxifica-
tion centers or housing of sexually violent predators, as
defined in RCW 71.09.020(18). Group residential facil-
ities are categorized as follows:
(1) "Group residential home" means a resi-
dential home in which a person or persons provide per-
sonal care, special care, room, and board to more than
one (1) but not more than six (6) children and/or adults
who are not related by blood or marriage to the person
or persons providing the services; provided, however,
any limitation on the number of residents resulting from
this definition shall not be applied if it prohibits the City
from making reasonable accommodations to disabled
persons in order to afford such persons equal opportu-
nity to use and enjoy a dwelling as required by the Fair
Housing Amendments Act of 1988, 42 U.S.C.
3604(f)(3)(b).
(2) "Group residential facility - Class I
(assisted living)" means a group care residence for
seven (7) or more children and/or adults who for various
(Revised 7/16)20.42-6
20.42.040
reasons cannot reside in their natural homes; and/or for
persons who have severe chronic disabilities or physical
handicaps that cause substantial functional limitations.
This facility may provide physical therapy and training
in social skills. It does not include facilities to which
persons are assigned as a result of criminal conviction or
those where residents, individually or by their legal
guardians, are not free to terminate their residency at
will.
(3) "Group residential facility - Class II"
means a group care residence for juvenile delinquents,
persons serving a sentence in lieu of confinement, per-
sons needing correctional or mental rehabilitation, or
persons needing rehabilitation and treatment for social
and/or family problems, drug or alcohol addiction, or
abuse. This definition includes programs providing
alternatives to imprisonment; transition back into the
community including prerelease, work-release, and pro-
bationary programs that are under the supervision of a
court, state, or local agency. Teaching of work or social
skills may be provided in this class facility but it does
not include drug or alcohol detoxification centers.
(h) Definitions "H":
"Heavy industrial/manufacturing" means a land
use involving assembly, construction, research and test-
ing, processing or extraction of goods or materials, with
the potential to create noise, smoke, dust, vibration, odor
or other environmental impacts or pollution. Storage of
equipment or products having similar environmental
impacts are also included. Heavy industrial/manufactur-
ing uses include extraction or refinement of raw materi-
als, mass production of large durable goods, production
of industrial chemicals, rolling or drawing of metals,
and any process that involves extensive use of hazard-
ous or volatile materials or chemicals. Production pro-
cesses that produce continuous high levels of noise,
produce obnoxious odors detectable off site, or produce
off-site light or glare impacts constitute heavy indus-
trial/manufacturing. (See also "Light industrial/manu-
facturing.")
Height. Related to existing or proposed buildings,
height is determined pursuant to BMC 20.44.070,
except that the highest point of a building with a pitched
or hipped roof shall be considered, for purposes of this
definition, to be the highest point of the roof.
"Home occupation" means any nonresidential use
carried out for monetary gain which is secondary to the
use of the property for residential purposes, and which
is operated in accordance with the home occupation
standards of this code.
"Homeowners’ association" means an association
of homeowners that has responsibility for commonly
owned property within its residential development and
which enforces covenants and restrictions on commonly
owned areas or private property.
"Hospital" means a licensed institution providing
primary health care services and medical or surgical
care to persons, primarily inpatients, suffering from
physical or mental conditions, and which may include
related facilities as an integral part of the institution.
"Hotel" and "lodging place" means an establish-
ment that offers transient lodging accommodations to
the general public, and which may provide such related
services such as restaurants, meeting rooms, gift shops,
beauty shops and recreational facilities.
"Household" means all persons, regardless of age,
sex, or family relationships, that reside as a single unit
in a dwelling intended for single household occupancy.
Such group quarter facilities as dormitories, boarding
houses, nursing homes or similar accommodations typi-
cally do not provide facilities for households.
(i) Definitions "I":
"Illegal sign" means any sign or advertising device
which was erected or altered in violation of the sign
codes in effect at the time of such action and which
remain in violation of existing codes.
"Impervious surface" means any material which
reduces or prevents absorption of stormwater into previ-
ously undeveloped land. (See also "Paved surface.")
"Incidental signs" means signs that are intended
for the convenience of the public, which are informa-
tional only, and which do not include the advertising of
products or services. Such signs include business hours
signs, credit card signs, entrance and exit signs, and sim-
ilar signs, some of which may be required by law for
safety purposes.
"Incubator for business" means a facility that pro-
vides organizational, mentoring or capital support
intended to accelerate the successful development of
start-up companies, or imparts job and business skills to
employees or trainees. Incubated businesses make prog-
ress toward graduation to independence and relocation
into permanent facilities.
(j) Definitions "J":
"Junk yard" means a place where discarded or sal-
vaged materials are bought, sold, exchanged, stored,
baled, packed, disassembled, or otherwise handled. This
includes automotive wrecking yards, house wrecking
yards, and storage of structural steel materials and
equipment, but does not include used or salvaged
machinery in operable condition nor the processing of
used, discarded or salvaged materials as a minor part of
manufacturing operations.
(k) Definitions "K":
"Kennel" means an establishment where five (5) or
more domestic animals older than six (6) months are
kept, whether for compensation or not. This does not
include veterinary clinics/hospitals, pet shops or zoos.
(l) Definitions "L":
"Light industrial/manufacturing" means a land
use involving assembly, processing or research and test-
20.42-7 (Revised 7/16)
Bremerton Municipal Code 20.42.040
ing of parts or materials or chemicals made or refined at
another location. Light industrial/manufacturing uses
have little or no potential of creating noise, smoke, dust,
vibration or other environmental impacts or pollution.
Production processes do not employ the extensive use of
hazardous or volatile materials or chemicals, produce
continuous high levels of noise, produce obnoxious
odors detectable off site, or produce off-site light or
glare impacts. Storage of equipment or products that do
not create environmental impacts, and mini-storage as a
primary use is included. (See also "Heavy indus-
trial/manufacturing.")
"Loading area" means an area designed and
intended for the temporary parking of a vehicle while
loading or unloading passengers, merchandise or other
materials.
"Lot" means any area, tract or parcel of land owned
by or under the lawful control and in the lawful posses-
sion of one distinct ownership undivided by a dedicated
street or alley or another ownership, and which has a
minimum of twenty (20) feet of frontage on a street.
"Lot area" means the area within the boundary
lines of a lot. When creating new lots, the calculation for
each new lot area shall not include public and private
streets, wetlands, and other areas that may be restricted
from use or from the types of development allowed by
the zone in which the property is located, except when
an unbuildable critical area, as defined per BMC
20.14.200, comprises twenty-five (25) percent or less of
the lot, it may be included in the lot area.
"Lot, depth" means the horizontal distance
between the front and rear property lines of a lot, mea-
sured along a line midway between the side property
lines. The depth of an irregular lot or a lot having more
or fewer than two (2) side lot lines will be determined in
the most reasonable manner, based on the lot’s longest
average dimension.
"Lot, flag" means a lot with access to its street by
way of a narrow strip of land having a minimum width
of twenty (20) feet. A flag lot consists of two (2) parts.
(1) The "flag" or main body of the lot; and
(2) The "panhandle" or narrow accessway
connecting the body of the lot to the street.
"Lot line, front" means any property line that abuts
a public street, private street, alley (if the alley provides
primary access) or ordinary high water mark, and is con-
sidered a frontage. (See also Figure 20.44(a).)
"Lot line, rear" means the property line most oppo-
site or most distant from the designated front lot line and
does not intersect any front lot line. Corner lots do not
have rear lot lines. (See also Figure 20.44(a).)
"Lot line, side" means any lot line not defined as a
front or rear lot line, or any lot line that intersects a front
lot line. (See also Figure 20.44(a).)
"Lot, waterfront" means a lot of which any portion
abuts wetlands or any water body regulated under the
Bremerton Shoreline Master Program.
"Lot, width" means the average horizontal distance
between side lot lines, measured at right angles to the lot
depth line. The Director may use reasonable modifica-
tions to this procedure when determining the width of an
irregular lot.
(m) Definitions "M":
"Maintain" means to allow to exist or continue to
exist. Also, where the context indicates, to keep in a
safe, neat and clean condition.
"Manufactured home" means a single-family
dwelling required to be built in accordance with regula-
tions adopted under the National Manufactured Housing
Construction and Safety Standards Act of 1974 (42
U.S.C. 5401 et seq.). The unit shall bear an insignia
issued by a state or federal regulatory agency indicating
that the manufactured home complies with all applica-
ble construction standards of the U.S. Department of
Housing and Urban Development (HUD). Commercial
coaches, recreational vehicles, travel trailers, and motor
homes are neither manufactured homes nor dwelling
units. (See "Mobile home.")
"Marina" means a facility which provides moorage
or wet or dry storage for watercraft or float planes, and
which may offer marine-related sales and services.
"Medical laboratory" means a facility primarily
engaged in providing analytic or diagnostic services on
human specimens, including body fluid or body tissue,
or performing diagnostic imaging, to government agen-
cies, to the medical, dental, or other health service pro-
fessions or to the patient; includes the fabrication of
dentures, eyeglasses and contact lenses, and prosthetic
devices.
"Medical office" and "clinic" means an establish-
ment primarily engaged in providing medical, dental or
other health care services to patients on the premises,
but which excludes facilities for overnight patient care.
Medical clinics that do not have facilities for overnight
patient care are included.
"Mini-storage," for the intent of this title, means an
accessory business that may contain office and individ-
ual compartmentalized self-storage units, stalls, or lock-
ers which are rented or leased for the storage of
household or business goods, supplies or materials.
Mini-storage shall be an accessory use that is subordi-
nate and incidental to the permitted principal use. (See
“Light industrial/manufacturing” for further clarifi-
cation of “mini-storage” when it is a primary use).
"Mobile home" means a factory-built dwelling
built before June 15, 1976, to standards other than the
National Manufactured Housing Construction and
Safety Standards Act of 1974 (42 U.S.C. 5401 et seq.),
and acceptable under applicable state codes in effect at
the time of construction or introduction of the home into
(Revised 7/16)20.42-8
20.42.040
this state. Mobile homes are accommodated within
some existing mobile home parks, but are not allowed
on individual lots. (See "Manufactured home.")
"Monument sign" means a freestanding sign
placed on a base of solid appearance, wherein the width
of the base is equal to at least forty (40) percent of the
width of the sign face.
"Motion picture theater" means any premises in
which motion pictures are shown as the principal use of
the premises, and wherein fees of any kind are charged,
and wherein such movies are shown on a regular basis.
"Multiple-building complex" means a group of
structures housing a combination of business, office,
residential, or other uses, and which shares a common
area, access, parking and/or other facilities.
"Multiple-occupancy building" means a single
building housing more than one (1) retail business,
office, commercial venture or other allowed land use.
"Museum" and "gallery" means a building, room,
vessel (boat or ship), or site intended for the preserva-
tion and exhibition of artistic, historical, or scientific
objects.
(n) Definitions "N":
"Nonconforming sign" means a sign that was
legally established, but no longer conforms to the cur-
rent sign standards of this title.
"Nursery" and "greenhouse" means facilities used
for the propagation and sale of agricultural or ornamen-
tal plants and related products:
(1) "Retail nursery/greenhouse" offers
products to the general public including plant materials,
planter boxes, fertilizer, sprays, garden tools, and
related items.
(2) "Wholesale nursery/greenhouse" raises
nursery stock for sale to retail nurseries or other busi-
nesses.
(3) "Greenhouse" means a nursery facility
constructed with transparent or translucent materials for
indoor propagation of plants. A private greenhouse with
no commercial sales is considered an accessory use.
"Nursing/convalescent home" means any home,
place or institution which operates or maintains facili-
ties providing convalescent or chronic care, or both, for
a period in excess of twenty-four (24) consecutive hours
for three (3) or more patients not related by blood or
marriage to the operator, who, by reason of illness or
infirmity, are unable properly to care for themselves.
Convalescent and chronic care may include but not be
limited to any or all procedures commonly employed in
waiting on the sick, such as administration of medicines,
preparation of special diets, giving of bedside nursing
care, application of dressings and bandages, and carry-
ing out of treatment prescribed by a duly licensed prac-
titioner of the healing arts. It may also include
community-based care. This does not include group res-
idential facilities, hospitals, sanitariums, or treatment
centers.
(o) Definitions "O":
"Office" and "business service, general" means a
place of employment providing services other than pro-
duction, distribution, sale or repair of goods or commod-
ities, excluding personal business services and medical
offices. General office and business services include:
legal, architectural, engineering, consulting or other
professional services, or management, administrative,
secretarial, marketing, advertising, or similar services.
"Off-premises sign" means any sign, including
billboard signs, that contains a message or directs atten-
tion to a business, profession, product, event, activity, or
service that is not related to a use or activity conducted
or offered on the premises or at the location where the
sign is located, excluding official road direction signs
but including the sign faces(s) that contain(s) the mes-
sage or direction noted above, as well as the pole or
other structure upon which the sign face is attached. Off-
premises signs include off-premises banners and signs
carried by human beings or live animals when carried on
the public right-of-way or any off-premises location.
"Open space" means land area not covered by
buildings, roads, driveways, parking areas, or outdoor
storage areas, including, but not limited to, landscape
areas, gardens, walkways, courtyards, lawns, or outdoor
recreation areas, the use of which is intended for and
accessible to all of the persons residing in the develop-
ment of which the open space is a part.
Open Space. For zoning and development pur-
poses, specific areas may be required for outdoor recre-
ation, resource or sensitive areas protection, amenities,
safety, or buffering. The calculations of areas desig-
nated to meet open space requirements may not include
driveways, parking areas, required yard areas, land
occupied by buildings or structures, nor other impervi-
ous surfaces that are not related to the open space.
"Outdoor athletic fields" means outdoor facilities
used for sporting activities such as softball, baseball,
football, soccer, running track, tennis complex and other
nonmotorized sports. Outdoor athletic fields may
include bleachers, concession stands, lights, restrooms
and other supporting facilities.
(p) Definitions "P":
"Parcel" means a continuous quantity of land in
single ownership or under single control, consisting of
one (1) or more lots, and considered a unit for purposes
of development. (See "Lot.")
"Park," "playground" and "open space" means a
site designed, developed, or reserved for recreational
use by the public, such as play areas, community gar-
dens and natural areas.
"Parking, satellite" means a parking lot containing
parking stalls required for a permitted land use, but in a
20.42-9 (Revised 7/16)
Bremerton Municipal Code 20.42.040
location not contiguous to or abutting the permitted land
use.
"Parking, structure" means a parking lot in which
parking stalls are located either below grade, or in a
multilevel building structure.
"Paved surface" means a surface paved with
asphalt, concrete, concrete pavers, brick or similar dura-
ble materials. Low-impact development technologies
which provide a hard surface while allowing for water
penetration shall be classified as paved areas. Paved
areas do not include gravel, crushed rock, and similar
nonbound materials.
"Personal service" means an establishment
engaged primarily in providing services involving the
care of a person, apparel or minor appliances, such as:
shoe repairs, laundry and dry-cleaning, beauty and bar-
ber shops, clothing/costume rental, tanning, other per-
sonal grooming facilities and domestic assistance
services, and personal computing device or cellular
phone repairs. This does not include massage parlors,
health care services, exercise establishments, nor
funeral services.
"Physical fitness and health club" means an estab-
lishment primarily engaged in providing facilities for
indoor physical fitness activities and recreation. Physi-
cal fitness and health clubs may include such facilities
as gymnasiums, swimming pools, and ball courts.
"Pole sign" means a freestanding sign supported by
uprights or braces wherein the width of the uprights or
braces comprises less than forty (40) percent of the
width of the sign face.
"Porch" means a roofed open area attached to a
building or other structure, usually at an entrance to the
structure. A porch that is enclosed, glazed or screened
may lose its status as an appurtenance.
"Portable sign" means any sign designed to be
moved easily and not permanently affixed to the ground
or to a structure or building. A-frame or sandwich board
signs and movable readerboard signs are examples.
"Premises" means contiguous land in the same
ownership or control not divided by a street or public
right-of-way.
"Private club or lodge" means structures, facilities
and grounds owned or operated by a private or fraternal
organization for use by its members and guests.
"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.
"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 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.
"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.")
(q) Definitions "Q": Reserved.
(r) Definitions "R":
"Rapid charging station" means an industrial
grade electrical outlet that allows for faster recharging
of electric vehicle batteries through higher power levels,
which meets or exceeds any standards, codes, and regu-
lations set forth by Chapter 19.28 RCW and consistent
with rules adopted under RCW 19.27.540.
"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, boat trailers,
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
(Revised 7/16)20.42-10
20.42.040
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 occupancies under the edition of
the International Building Code currently adopted for
use by the City.
"Restaurant" means a commercial use which sells
a variety of prepared food and beverages and provides
accommodations for consuming those products on or off
the premises.
"Restaurant, fast food" means an establishment
whose principal business is the sale of a limited variety
of preprepared or rapidly prepared food and beverages
directly to the consumer for consumption either on
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 outdoor automobile sales. Auto-
mobile sales that are wholly indoors (no outdoor storage
or vehicles), shall be considered general retail.
"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.
(s) Definitions "S":
"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 senior 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, 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.
"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.
"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-
20.42-11 (Revised 7/16)
Bremerton Municipal Code 20.42.040
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.
"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, cargo containers, railroad cars, semi-truck
trailers or other items are accumulated and stored for an
indefinite period until needed. Storage yards are often
used in conjunction with a warehouse, storage build-
ings, sheds or other structures and may be public or pri-
vate. 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.
"Support structure" means any existing or pro-
posed building, utility pole, or tower capable of support-
ing a wireless communications antenna. Support
structures include, but are not limited to, existing build-
ings, water towers, and utility poles and/or towers.
(t) Definitions "T":
"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 fundraising event. For the purposes
of this code, temporary signs are those displayed for
between seven (7) and sixty (60) days.
Townhouse. See "Dwelling, townhouse."
"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, battery
charging stations, electric vehicle charging stations, and
similar.
(u) Definitions "U":
"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.
(v) Definitions "V":
"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
(Revised 7/16)20.42-12
20.42.040
trailer-mounted signs do not include signs painted or
placed on commercial vehicles announcing or advertis-
ing the regular business activity of the vehicle owner.
Vehicle- or trailer-mounted signs do not include signs
on vehicles for sale at a licensed sales lot, nor signs on
public transit vehicles including buses and licensed taxi-
cabs.
"Vesting." A fully completed development applica-
tion is "vested" at the time it is received by the permit-
ting authority. The development may then be processed,
permitted and carried out under the zoning, land divi-
sion, and other regulations that were in effect when vest-
ing occurred.
"Veterinary clinic" and "animal hospital" mean a
facility providing routine and emergency medical atten-
tion to domestic pets and other animals.
(w) Definitions "W":
"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.
"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.
(x) Definitions "X": Reserved.
(y) Definitions "Y":
"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."
(z) Definitions "Z":
"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. 5301 §3
(Exh. B) (part), 2016: Ord. 5249 §4, 2014: 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 7/16)
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 covered 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. 5301 §3
(Exh. B) (part), 2016: 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; and
(b) The minimum front yard setback shall in no
case be less than five (5) feet. (Ord. 5301 §3 (Exh. B)
(part), 2016: 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. 5301 §3
(Exh. B) (part), 2016: Ord. 4950 §8 (Exh. A) (part),
2005)
(Revised 7/16)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) Raised decks, high or covered porches, balco-
nies or similar architectural appendages that extend
more than thirty (30) inches above finished grade may
project not more than six (6) feet into the rear yard set-
back.
(d) 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.
5301 §3 (Exh. B) (part), 2016: 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. 5301 §3 (Exh. B) (part), 2016: 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. 5301 §3 (Exh. B) (part),
2016: 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, flagpoles, and wireless
communications facilities in conformance with BMC
20.46.140 may exceed maximum height limits. None of
these exceptions to the height regulations shall be used
for advertising of any kind. (Ord. 5301 §3 (Exh. B)
(part), 2016: 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. 5301 §3 (Exh. B) (part), 2016: 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.
5301 §3 (Exh. B) (part), 2016: 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;
20.44-3 (Revised 7/16)
Bremerton Municipal Code 20.44.120
(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.
(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.
5301 §3 (Exh. B) (part), 2016: 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.
(b) 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. 5301 §3 (Exh. B)
(part), 2016: 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 in commercial or industrial zones, unless
drive-through facilities are expressly prohibited in the
zoning districts regardless of the principal use.
(1) Exception. While generally prohibited
within the neighborhood business (NB) and DCC zones,
drive-through facilities may be permitted provided the
business has direct vehicular access from either Whea-
ton Way or Kitsap Way.
(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-
(Revised 7/16)20.44-4
20.44.120
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
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. 5301 §3 (Exh. B)
(part), 2016: Ord. 5222 §4, 2013: Ord. 4950 §8 (Exh. A)
(part), 2005)
20.44-5 (Revised 7/16)
Bremerton Municipal Code Figure 20.44(a)
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. 5301 §3 (Exh. B) (part), 2016: Ord. 4950 §8 (Exh. A) (part), 2005)
(Revised 7/16)20.44-6
Figure 20.44(a)
Figure 20.44(a)
Front Yard Setback Areas
The following figure is for illustration purposes only and serves as a guideline when applying setback requirements.
(Ord. 5301 §3 (Exh. B) (part), 2016: Ord. 4950 §8 (Exh. A) (part), 2005)
Figure 20.44(b)
LOT AREA CALCULATIONS
The following illustration demonstrates the methods for calculating lot area in BMC Title 20.
1. The drawing below represents a one (1) acre parcel before deductions from buildable areas. This is the "gross"
lot area of the site.
2. When creating new lots, the unbuildable areas such as streets and critical areas are subtracted from the gross lot
area to produce a net lot area that is used when calculating the size of each new lot. If a new individual lot contains an
unbuildable environmentally sensitive area that is twenty-five (25) percent or less of its gross lot area, the sensitive area
20.44-7 (Revised 7/16)
Bremerton Municipal Code Figure 20.44(b)
may be included in the lot area. The drawing below represents a one (1) acre parcel divided into five (5) parcels with
applicable deductions.
(Ord. 5301 §3 (Exh. B) (part), 2016: Ord. 4950 §8 (Exh. A) (part), 2005)
20.46-1 (Revised 7/16)
Bremerton Municipal Code 20.46.020
Chapter 20.46
SPECIAL DEVELOPMENT STANDARDS
Sections:
20.46.010 ACCESSORY DWELLING
UNITS.
20.46.020 FENCES AND WALLS.
20.46.030 HOME OCCUPATIONS.
20.46.040 MANUFACTURED HOMES.
20.46.050 RECREATIONAL VEHICLE ON
A PRIVATE LOT.
20.46.060 DISH ANTENNAS.
20.46.070 ADAPTIVE REUSE OF
COMMERCIAL BUILDINGS.
20.46.080 MINERAL RESOURCE
OVERLAY.
20.46.110 ADULT ENTERTAINMENT
BUSINESSES.
20.46.120 OUTDOOR STORAGE AREAS.
20.46.140 WIRELESS
COMMUNICATIONS
FACILITIES.
20.46.150 PUBLIC UTILITY FACILITIES.
20.46.160 PUBLIC DISTRIBUTION/
TRANSMISSION FACILITIES.
20.46.010 ACCESSORY DWELLING UNITS.
An accessory dwelling unit (ADU) may be installed
where a new or existing single-family dwelling unit
(hereafter, "principal unit") is allowed. Accessory
dwelling units are exempt from density requirements
and shall be subject to the following specific develop-
ment, design and owner occupancy standards:
(a) An ADU shall comply with the development
standards of the underlying zone for the principal unit
including setbacks, height, and lot coverage.
(b) An ADU may be attached or detached from the
principal unit.
(c) Only one (1) ADU may be created per lot.
(d) The property owner, which shall include title-
holders and contract purchasers, must occupy either the
principal unit or the ADU as their permanent residence
for at least six (6) months out of the year.
(e) An ADU shall be limited to not more than:
(1) Sixty (60) percent of the principal unit’s
total floor area (not including basement); and
(2) One thousand (1,000) square feet maxi-
mum, nor less than three hundred (300) square feet.
(f) Any ADU shall be designed so that the appear-
ance of the building remains that of a single-family res-
idence including the following:
(1) Constructed of similar materials and sid-
ing as the principal unit;
(2) A roof of equal or greater pitch as the prin-
cipal unit;
(3) A height no more than twenty-five (25)
percent greater than the principal unit not to exceed the
height limit of the zone.
(g) The entrance to an attached ADU shall not be
on the same facade of the structure as an entrance to the
principal unit.
(h) Accessory dwelling units shall provide one (1)
off-street parking space in addition to that which is
required for the principal unit.
(i) When development of an ADU is for people
with disabilities, the Director may allow reasonable
deviation from the stated requirements to install features
that facilitate accessibility such as those required by the
International Building Code.
(j) An ADU shall have a deed restriction recorded
with the Kitsap County Auditor to indicate the presence
of the ADU, the requirement of owner occupancy, and
other standards for maintaining the unit as described
above. (Ord. 5301 §3 (Exh. B) (part), 2016: Ord. 5008
§4, 2007: Ord. 4950 §8 (Exh. A) (part), 2005)
20.46.020 FENCES AND WALLS.
(a) Fences and walls shall observe the following
height and setback requirements:
(1) Residential Zones.
(i) Maximum height shall be six (6) feet.
(ii) Maximum height within the front
yard setback area shall be four (4) feet.
(iii) On corner lots with a specified front
yard setback on each street frontage, both frontages will
require a height of no more than four (4) feet.
(iv) To obtain a six (6) foot high fence on
a corner lot, a fence permit is required. The Director can
determine that the street frontage of the residence’s prin-
cipal orientation is a "primary frontage" and may permit
a six (6) foot maximum height fence in the yard on the
other (secondary) frontage only if all of the following
conditions are met:
(A) The higher fence will not block
any existing front yard views from an adjoining resi-
dence with its principal orientation to that same street;
(B) The higher fence will not be
closer to the residence’s front property line on the street
of principal orientation than the closest part of the front
facade of the residence;
(C) The higher fence will not
encroach into the front yard of the primary frontage
where the maximum height limit in subsection (a)(1)(ii)
of this section takes precedence.
(v) Six (6) foot tall side yard fences may
not project into the front yard setback except when the
house’s front facade is within the front yard setback
(Revised 7/16)20.46-2
20.46.030
area, in which case the taller fence may extend no fur-
ther than the front facade of the house.
(2) Commercial Zones.
(i) Maximum height shall be eight (8)
feet.
(ii) Maximum height shall be six (6) feet
when adjacent to a public right-of-way, or to a residen-
tial zone.
(3) Industrial Zone.
(i) Maximum height shall be ten (10)
feet.
(ii) Maximum height shall be six (6) feet
when adjacent to a public right-of-way, or to a residen-
tial zone.
(4) District and Neighborhood Center Zones.
(i) Maximum height shall be four (4) feet
in front yard setback areas.
(ii) Maximum height shall be six (6) feet
for side and rear yard setback areas.
(iii) To obtain an eight (8) foot tall fence,
a fence permit is required. The Director may allow for a
maximum height of up to eight (8) feet in side and rear
yard setback areas provided the use is nonresidential and
the fence is necessary for security purposes.
(5) Essential Public Facilities. Essential pub-
lic facilities may have up to ten (10) foot tall fences in
any zone through a fence permit application provided
the fence is the minimum necessary for security pur-
poses.
(b) A Type II conditional use permit may be
granted for fences or walls up to eight (8) feet high in a
side or rear yard only if the fence or wall is necessary to
provide privacy and security between a residential and a
nonresidential use.
(c) Fences and walls shall not block or hinder the
sight distance of traffic. Exact location and design of a
fence or wall is subject to the approval of the City Engi-
neer when visibility or public safety is an issue.
(d) No electric or electrified fences shall be per-
mitted within the City of Bremerton.
(e) Barbed wire or similar wire protective devices
are permitted only in industrial zones or any property
containing a public facility above a height of six (6) feet;
provided, that adjoining a residential zone, devices may
be allowed by approval of a Type II conditional use per-
mit pursuant to BMC 20.58.020 only if the following
criteria are met:
(1) The applicant demonstrates that the pro-
tective device cannot be installed outside of the speci-
fied setback without significantly diminishing the utility
of the industrial property;
(2) The protective device will be designed to
minimize adverse aesthetic impact to the residential use
by installing the device behind the top of a fence or wall
or screening the device with landscape; and
(3) The applicant demonstrates that the pro-
tective device is necessary to provide additional security
along the residential property line to protect the indus-
trial premises.
(f) Notwithstanding the provisions of subsection
(a)(1)(ii) of this section, architectural appurtenances
such as trellises or entry gates that define a walkway or
driveway entry are allowed in a front yard up to ninety
(90) inches high; provided, that:
(1) No individual structural support for such
features shall be more than sixteen (16) inches square in
section;
(2) Any gate shall not obscure more than
twenty (20) percent of visibility to the yard as viewed
perpendicular to the gate’s installation; and
(3) Any entry feature greater than three (3)
feet in height shall not be more than six (6) feet wide for
a walkway entry or more than sixteen (16) feet wide for
a driveway entry.
(g) All fences shall present a "finished" appear-
ance on their outside face. (Ord. 5301 §3 (Exh. B) (part),
2016: Ord. 5008 §5, 2007: Ord. 4950 §8 (Exh. A) (part),
2005)
20.46.030 HOME OCCUPATIONS.
Home occupations are permitted in a residential
dwelling unit subject to the following limitations:
(a) The business shall clearly be subordinate to the
use of the dwelling unit for residential purposes.
(b) The business shall be wholly situated indoors.
(c) No person shall be employed in the home occu-
pation unless a resident of the dwelling unit.
(d) There shall be no exterior display, storage or
other exterior indication of the existence of the home
occupation, except as allowed by the underlying zone.
(e) One (1) additional off-street parking space
shall be provided in addition to the number of off-street
parking spaces already required for the dwelling. The
Director may waive this requirement if the home occu-
pation involves Internet services that do not require cus-
tomers or deliveries at the residence.
(f) Any sales of product shall be limited to those
produced on the premises, except products produced
elsewhere may be allowed, provided the business is pri-
marily involved in the product’s distribution and does
not attract buyers to the property for retail or wholesale
sales.
(g) Sales and services to patrons shall be arranged
through appointment so that only one (1) patron vehicle
is on the premises at any given time.
(h) Not more than fifty (50) percent of the gross
floor area of the dwelling may be devoted to the home
occupation use.
20.46-3 (Revised 7/16)
Bremerton Municipal Code 20.46.050
(i) The garage shall not be used in the business
unless the required off-street and customer parking can
be adequately accommodated elsewhere on the site.
(j) An independent taxi driver may operate as a
home occupation; provided, that the business has only
one (1) single driver and one (1) taxi vehicle.
(k) Automotive painting, body, and engine repair,
small engine repair services and any activity likely to
produce excessive noise are prohibited as home occupa-
tions.
(l) Persons engaged in legal home occupations on
the effective date of the ordinance codified in this chap-
ter shall be considered legal, provided the operation is
consistent with all of the above-listed performance stan-
dards. Any home occupation which was legally estab-
lished but does not currently conform to all those
standards may not expand or enlarge and shall terminate
that use upon:
(1) Change of use or ownership of the prop-
erty; or
(2) Written complaint of adjacent or nearby
property owners after due notice and hearing is provided
and if the Director determines that the home occupation
is interfering with the use and enjoyment of the neigh-
boring premises and is not compatible with the residen-
tial environment in which it is located. (Ord. 5301 §3
(Exh. B) (part), 2016: Ord. 4950 §8 (Exh. A) (part),
2005)
20.46.040 MANUFACTURED HOMES.
(a) Manufactured homes are permitted on one (1)
individual parcel, lot, or tract in residential zones; pro-
vided, that the home is:
(1) Approved by the Washington State
Department of Labor and Industries or the U.S. Depart-
ment of Housing and Urban Development, and the
appropriate certification insignia is affixed to the unit, in
accordance with the provisions of Chapter 43.22 RCW;
(2) Comprised of at least two (2) fully
enclosed parallel sections each of not less than twelve
(12) feet wide by thirty-six (36) feet long;
(3) Set upon a permanent foundation, as spec-
ified by the manufacturer, and that the space from the
bottom of the home to the ground be enclosed by con-
crete or an approved concrete product which can be
either load-bearing or decorative;
(4) Compliant with all local design standards
applicable to all other homes within the neighborhood in
which the manufactured home is to be located;
(5) Thermally equivalent to the State Energy
Code;
(6) Originally constructed with and now has a
composition or wood shake or shingle, coated metal, or
similar roof of nominal three to twelve (3:12) pitch or
greater;
(7) Sided with exterior siding similar in
appearance to materials commonly used on conven-
tional site-built International Building Code single-fam-
ily residences; and
(8) A new manufactured home as defined in
RCW 35.63.160(2).
(b) A manufactured home which was legally
placed and maintained prior to the date of adoption of
this chapter, and does not meet the requirements of this
chapter, shall be deemed to be a nonconforming struc-
ture. If a legal nonconforming manufactured home is
partially or wholly destroyed, replaced, or altered, it
shall be required to meet the relevant requirements set
forth in the nonconforming provisions of this title.
(c) The Building Official or designee shall inspect
the installation of manufactured homes prior to occu-
pancy and issue certificates of occupancy for manufac-
tured homes. If all requirements are met, a certificate of
occupancy shall be issued. No manufactured home shall
be occupied until after the City issues a valid certificate
of occupancy.
(d) If a manufactured home is replaced by another
manufactured home, a new certificate of occupancy
shall be required for the installation of a manufactured
home after the date of adoption of the ordinance codi-
fied in this chapter. (Ord. 5301 §3 (Exh. B) (part), 2016:
Ord. 4950 §8 (Exh. A) (part), 2005)
20.46.050 RECREATIONAL VEHICLE ON A
PRIVATE LOT.
A recreational vehicle, occupied or not, may be
parked on a private lot or lots only as an accessory use
subject to the parking provisions of this title and the fol-
lowing provisions:
(a) A recreational vehicle may be occupied for a
cumulative period not to exceed thirty (30) days during
any twelve (12) consecutive month period;
(b) A recreational vehicle may be parked and
occupied by the owner of a lot as temporary housing
during the period of new house construction on the lot
for a period not to exceed one (1) year;
(c) Only one (1) recreational vehicle may be occu-
pied on a single lot at any time;
(d) A recreational vehicle shall not be parked
within a required front yard setback for more than fif-
teen (15) consecutive days and not more than thirty (30)
days cumulative in any twelve (12) consecutive months;
and
(e) Any occupied recreational vehicle must be
self-contained and all garbage and sanitation shall be
disposed of in a manner approved by the City. (Ord.
5301 §3 (Exh. B) (part), 2016: Ord. 4950 §8 (Exh. A)
(part), 2005)
(Revised 7/16)20.46-4
20.46.060
20.46.060 DISH ANTENNAS.
(a) A ground-mounted dish antenna is subject to
the setback requirements of the underlying zone.
(b) Dish antennas may not be placed above the
maximum underlying zoning district height.
(c) All dish or other parabolic antennas having a
collector dish diameter of six (6) feet or greater shall be
ground-mounted, except as provided for otherwise. An
antenna having a dish diameter smaller than six (6) feet
may be pole- or roof-mounted in a location that has the
least visual impact on surrounding properties and views
while maximizing the effectiveness of the antenna’s
operation. (Ord. 5301 §3 (Exh. B) (part), 2016: Ord.
4950 §8 (Exh. A) (part), 2005)
20.46.070 ADAPTIVE REUSE OF
COMMERCIAL BUILDINGS.
The intent of these provisions is to provide oppor-
tunities for reusing commercial buildings that are struc-
turally sound with new uses to extend their economic
life. The adaptive reuse shall not be granted if the new
use adversely affects adjacent properties. Consideration
shall be given to the relative intensity of the proposed
use compared to the intensity of the planned land use
environment.
(a) Approval of an administrative Type II condi-
tional use permit (CUP) pursuant to BMC 20.58.020 is
required when an adaptive reuse is for a legally estab-
lished commercial building located within a residential
zone. However, the notice of application shall follow
BMC 20.02.100(c)(1)(iv) with notification of property
owners within three hundred (300) feet. The Director
may require a nonadministrative CUP whenever the use
has a significant impact beyond the immediate site, is of
a neighborhood or community-wide interest, or is of a
controversial nature. The adaptive reuse shall meet the
following criteria in order to be granted approval:
(1) New traffic shall be accommodated within
the existing levels of service on the surrounding neigh-
borhood streets.
(2) Provision for off-street parking must be
evaluated and to the greatest extent possible, meet the
parking demand for change of uses. The Director or
Hearing Examiner may reduce the number of off-street
parking spaces if commute trip reduction methods are
employed and the adaptive reuse does not generate an
increase in on-street parking demand.
(3) The new use does not generate noise that
exceeds City standards for residential zones.
(4) Adequate street trees and landscaping are
incorporated in a manner that buffers the adaptive reuse
from adjacent residential uses and makes it more com-
patible with the surrounding neighborhood.
(5) Additional conditions may be applied
including, but not limited to, limiting hours of opera-
tions, density, restrictions for noise attenuation and
other conditions deemed necessary to ensure compati-
bility with surrounding residential uses.
(b) The following uses may be approved for adap-
tive reuse:
(1) Residential, underlying zone density limit,
provided no new floor area is constructed;
(2) Foster homes;
(3) Day care facilities;
(4) Group residential facilities, Class I
(assisted living);
(5) Youth, teen, senior, or community centers;
(6) Medical and dental clinic and related ser-
vices (not hospitals);
(7) Religious worship facilities;
(8) Libraries;
(9) Museums and art galleries;
(10)Consultants (architectural, engineering,
planning, design and similar);
(11)Computer assistance and training (but not
repair);
(12)Office/business assistance services, call
centers, and general offices;
(13)Social services/facilities;
(14)Welfare and charitable services/facilities;
(15)Public services;
(16)Hotels and lodging places;
(17)General retail; and
(18)Restaurants. (Ord. 5301 §3 (Exh. B)
(part), 2016: Ord. 4971 §7, 2006: Ord. 4950 §8 (Exh. A)
(part), 2005)
20.46.080 MINERAL RESOURCE OVERLAY.
The intent of this overlay is to protect and enhance
significant sand, gravel and rock deposits as identified
mineral resource lands. It is also used to ensure the con-
tinued or future use without disrupting or endangering
adjacent land uses, while safeguarding life, property,
and the public welfare.
(a) Uses. Mineral resource extraction with associ-
ated structures and equipment for soil and gravel, quar-
ried stone or ore may be allowed within the mineral
resource overlay. In addition, the following provisions
shall be met:
(1) A single on-site security or superintendent
dwelling for his or her family may be permitted as an
accessory use.
(2) All uses not listed above are prohibited
within the development area while mineral extraction is
being actively pursued.
(b) Performance Standards. Potential impacts
related to traffic, dust control, light emission, visual
screening, loss of tree cover, noise emission and protec-
tion of environmentally sensitive areas shall be exam-
20.46-5 (Revised 7/16)
Bremerton Municipal Code 20.46.110
ined. The city recognizes impacts to other elements of
the environment including air and water quality are reg-
ulated by the state, regional and federal authorities. At a
minimum the following shall be met:
(1) Hours of Operation. Noise associated with
surface mining may constitute a nuisance or a public
health concern, therefore, when surface mining activity,
hours of operation for excavating, processing, and load-
ing shall be prohibited on Saturday, Sundays and legal
holidays, and limited to between 7:00 a.m. and 6:00 p.m.
Monday through Friday; provided, that the surface min-
ing operation may continue until 9:00 p.m. if the noise
created is less than the ambient night time noise levels
for that area; and further provided, that the following
activities are exempt from these requirements:
(i) Activity under public contract when
in the public interest. Hours of operation shall be
between 7:00 a.m. and 6:00 p.m.
(2) Maximum Permissible Noise Levels.
Maximum permissible noise levels shall be according to
the provisions of the Bremerton Noise Ordinance per
Chapter 6.32 BMC with the following exceptions:
(i) The mineral resource operation site
may have the district of sound source be classified as
District III during the hours of operation per subsection
(b)(1) of this section.
(3) Setbacks. The tops and toes of cut and fill
slopes shall be set back from property boundaries
according to the State Department of Natural Resources
standards for safety of adjacent properties, and to pre-
vent water runoff or erosion of slopes and to provide
adequate reclamation slopes per subsection (b)(4) of this
section.
(4) Slope. When reclaimed, no slope of cut
and fill surfaces shall be steeper than is safe for the
intended use, and shall not exceed one and one-half hor-
izontal to one vertical (1-1/2:1) for unconsolidated
material such as gravel, and one-fourth horizontal to one
vertical (1/4:1) for consolidated material, unless other-
wise approved by the Director after a qualified profes-
sional certifies that steeper slopes are appropriate.
(5) Access Roads Maintenance. Access roads
to mining and quarrying sites shall be maintained and
located to the satisfaction of the Director of Public
Works and Utilities, to minimize problems of dust and
mud, and connection access to the city roadways.
(6) Best Practices Management. Require min-
eral extraction and processing operations to implement
best management practices to reduce environmental
impacts and mitigate any remaining impacts.
(c) Permitting Process. Mineral resource
extraction with associated structures and equipment for
soil and gravel, quarried stone or ore may be allowed if
a Type III Hearing Examiner conditional use permit
(CUP) is approved pursuant to BMC 20.58.020, with the
notice of application shall be mailed to all property own-
ers within five hundred (500) feet of the property.
(1) The owner or agent of the quarry shall
submit to the City copies of all documents submitted to
the Washington State Department of Natural Resources
with the application.
(2) Notice of application for the CUP shall be
provided to the local tribal government, typically during
the environmental review; however, if environmental
review is not required, a fourteen (14) day comment
period to the local tribal government of the proposal will
be required prior to issuance of approval.
(d) Transition of Uses from Mineral Resource
Overlay. As an option to reclaim a property(s) and extin-
guish a Washington State Department of Natural
Resources (DNR) surface mining permit, the City may
accept, review and approve development permits for
uses consistent with the property(s) underlying zone. If
a permit meets all applicable, zoning, building, storm-
water, fire and other county codes, such permits shall be
forwarded to the DNR to be reviewed as a reclamation
plan. Upon receipt by the City of DNR confirmation of
the closing of the surface mining permit for the prop-
erty(s), the City will revert the property(s) back to their
underlying zone and compatible designation.
(e) Special Provisions. All plats, short plats, devel-
opment permits and building permits issued for land
development activities on or within five hundred (500)
feet of designated mineral resource overlay lands shall
contain the following notice:
The subject property is within or near land in
which resource activities are permitted and en-
couraged, including a variety of activities which
may not be compatible with residential use for
certain periods of limited duration. In addition to
other activities, these may include noise, dust,
smoke, visual impacts and odors resulting from
harvesting, planting, surface mining, quarrying,
application of fertilizers, herbicides and associ-
ated reclamation and management activities.
When performed in accordance with state and
federal law, these resource activities are not
subject to legal action as a nuisance.
(Ord. 5301 §3 (Exh. B) (part), 2016: Ord. 4971 §8,
2006; Ord. 4950 §8 (Exh. A) (part), 2005)
20.46.110 ADULT ENTERTAINMENT
BUSINESSES.
This section regulates the location of adult enter-
tainment businesses. The purpose of these regulations is
to reduce conflicts between adult entertainment busi-
nesses and other land uses. The intent is to protect the
City from the blighting impacts of concentrations of
(Revised 7/16)20.46-6
20.46.110
adult entertainment businesses while assuring the full
enjoyment of all the constitutionally guaranteed rights
of the general public.
(a) Location of Adult Entertainment Businesses.
(1) Adult entertainment businesses as defined
in subsection (c) of this section are prohibited within the
area circumscribed by a circle which has a radius of five
hundred (500) feet from the following specified uses or
zones:
(i) Any zone in which residential use is
listed as a principal use.
(ii) Any public or private school.
(iii) Any day care facility as defined in
BMC 20.42.040.
(iv) Any worship, religious, or church
facility as defined in BMC 20.42.040.
(v) Any public park.
(vi) Any center designated within the
Comprehensive Plan.
(vii)Any public library.
(2) The distances provided in this section
shall be measured by following a straight line, without
regard to intervening buildings, from the nearest point
of the property or parcel upon which the proposed use is
to be located, to the nearest point of the parcel of prop-
erty or the land use district boundary line from which the
proposed land is to be separated.
(3) Violation of the use provisions of this sec-
tion is declared to be a public nuisance per se, which
shall be abated by the City Attorney as authorized under
state law or the City code.
(4) Nothing in this section is intended to
authorize, legalize, or permit the establishment, opera-
tion, or maintenance of any business, building, or use
which violates any city code or statute of the state
regarding public nuisances, sexual conduct, lewdness,
or obscene or harmful matter or the exhibition or public
display thereof.
(b) Development Standards. Adult entertainment
businesses are subject to the development standards of
the underlying zone.
(c) Definitions.
(1) "Adult entertainment" means any dance,
amusement, show, display, merchandise, material, exhi-
bition, pantomime, modeling, or any other like perfor-
mance of any type, for the use or benefit of a member or
members of the public or advertised for the use or bene-
fit of a member of the public where such is characterized
by an emphasis on the depiction, description, or simula-
tion of "specified anatomical areas," defined in this
chapter, or the exhibition of "specified sexual activi-
ties," also defined in this chapter, or the case of live
adult entertainment performances, which emphasizes
and seeks to arouse or excite the patron’s sexual desires.
Any patron of an adult entertainment business, as
defined in this section, shall be deemed a member of the
public.
(2) "Adult entertainment business" means any
establishment providing adult entertainment as defined
in this section including, but not limited to, adult arcade,
adult retail establishment, adult motion picture theater,
and exotic dance studio, more specifically defined
herein.
(3) "Adult arcade" means a commercial estab-
lishment where, for any form of consideration, one (1)
or more still or motion picture projectors, slide projec-
tors, computer-generated or enhanced pornography,
panoramic peep show, or similar machines, or other
image-producing machines, for personal viewing, are
used to show films, motion pictures, video cassettes,
slides or other photographic reproductions which pro-
vide material for individual viewing by patrons on the
premises of the business which are characterized by an
emphasis on the depiction, description or simulation of
"specified anatomical areas" or "specified sexual activi-
ties."
(4) "Adult motion picture theater" means a
commercial establishment where films, motion pictures,
video cassettes, slides, or similar photographic repro-
ductions characterized by an emphasis on the depiction,
description, or simulation of "specified anatomical
areas" or "specified sexual activities" are regularly
shown for any form of consideration.
(5) "Adult retail establishment" means any
bookstore, adult novelty store, adult video store, or other
similar commercial establishment, business service, or
portion thereof, which, for money or any other form of
consideration, provides as a significant or substantial
portion of its stock-in-trade the sale, exchange, rent,
loan, trade, transfer, and/or provision for viewing or use
off the premises of adult entertainment material defined
in this chapter. For purposes of this provision, it shall be
a rebuttable presumption that thirty (30) percent or more
of a business’ stock-in-trade in adult retail material,
based on either the dollar value (wholesale or retail) or
the number of titles of such material, is significant or
substantial. In determining whether or not the presump-
tion is rebutted, the Director may consider the following
factors, which are not inclusive:
(i) Whether minors are prohibited from
access to the premises of the establishment due to the
adult entertainment nature of the inventory;
(ii) Whether the establishment is adver-
tised, marketed, or held out to be an adult merchandising
facility;
20.46-7 (Revised 7/16)
Bremerton Municipal Code 20.46.140
(iii) Whether adult entertainment material
is an establishment’s primary or one (1) of its principal
business purposes; or
(iv) Whether thirty (30) percent or more
of an establishment’s revenue is derived from adult
entertainment material.
An establishment may have other princi-
pal business purposes that do not involve the offering
for sale or rental of adult entertainment materials and
still be categorized as an adult retail establishment. Such
other business purposes will not serve to exempt such
establishments from being categorized as an adult retail
establishment so long as one (1) of its principal business
purposes is offering for sale or rental, for some form of
consideration, the specified adult entertainment materi-
als. The Director shall have full discretion to give appro-
priate weight to the factors set forth above as well as
other factors considered depending on the particular
facts and circumstances of each application.
(6) "Exotic dance studio," also known as
"erotic dance studio," "topless bar" and "adult cabaret,"
means a nightclub, bar, restaurant, or similar commer-
cial establishment, or any premises or facility to which
any member of the public is invited or admitted and
where an entertainer provides live performances to any
member of the public, which performances are charac-
terized by an emphasis on the depiction, description, or
simulation of "specified anatomical areas" or "specified
sexual activities" or which emphasize and seek to arouse
or excite the patron’s sexual desires.
(7) "Adult entertainment material" means any
books, magazines, cards, pictures, periodicals or other
printed matter, or photographs, films, motion pictures,
video tapes, slides, or other photographic reproductions,
or visual representations, CD-ROMs, DVDs, disks,
electronic media, or other such media, or instruments,
devices, equipment, paraphernalia, toys, novelties,
games, clothing or other merchandise or material, which
are characterized by an emphasis on the depiction,
description or simulation of "specified anatomical
areas" or "specified sexual activities."
(8) "Specified anatomical areas" means:
(i) Less than completely and opaquely
covered human genitals, pubic region, buttocks, anus, or
female breast below a point immediately above the top
of the areola; or
(ii) Human male genitals in a discernibly
turgid state, even if completely and opaquely covered.
(9) "Specified sexual activities" means:
(i) The caressing, touching, fondling or
other intentional or erotic touching of male genitals,
female genitals, pubic region, buttocks, anus, or female
breasts of oneself or of one (1) person by another; or
(ii) Sex acts, normal or perverted, actual
or simulated, including masturbation, intercourse, oral
copulation, flagellation, sodomy, bestiality, or any sex-
ual acts which are prohibited by law; or
(iii) Human genitals in a state of sexual
stimulation, arousal, or tumescence or visual state of
sexual stimulation, arousal or tumescence, even if com-
pletely and opaquely covered; or
(iv) Excretory functions as part of or in
connection with any of the activities set forth in subsec-
tions (c)(9)(i) through (iii) of this section. (Ord. 5301 §3
(Exh. B) (part), 2016: Ord. 5091 §4, 2009; Ord. 4950 §8
(Exh. A) (part), 2005)
20.46.120 OUTDOOR STORAGE AREAS.
All uses that include outdoor storage areas and all
refuse containers shall, in addition to any underlying
zoning requirements, meet the following criteria for
these accessory uses:
(a) It shall be surrounded by a six (6) foot-high
solid wall or sight-obscuring fence except for single-
family residential homes on individual lots. The wall or
fence shall be considered a structure and shall conform
to the setbacks of the underlying zone.
(b) Outdoor storage of materials shall not exceed
six (6) feet in height when visible from a public right-of-
way.
(c) Outdoor storage yards shall meet landscaping
requirements for nonresidential uses. (Ord. 5301 §3
(Exh. B) (part), 2016: Ord. 4971 §9, 2006; Ord. 4950 §8
(Exh. A) (part), 2005)
20.46.140 WIRELESS COMMUNICATIONS
FACILITIES.
(a) Purpose and Intent. The purpose of this section
is to provide specific regulations for the placement, con-
struction, modification and removal of these facilities.
These standards were designed to comply with the Tele-
communications Act of 1996 (“the Act”) and Section
6409 of the Middle Class Tax Relief and Job Creation
Act (the “Spectrum” Act). The provisions of this section
are not intended to and shall not be interpreted to pro-
hibit or have the effect of prohibiting personal wireless
services as defined in the Act. This section shall not be
applied in such a manner as to unreasonably discrimi-
nate between providers of functionally equivalent per-
sonal wireless services, as defined in the Act.
(b) General Provisions.
(1) Exemptions. The following are exempt
from the provisions of this section and shall be permit-
ted in all zones:
(i) Temporary wireless communications
facilities during an emergency declared by the City;
(ii) Licensed amateur (ham) radio sta-
tions;
(Revised 7/16)20.46-8
20.46.140
(iii) Wireless communications facilities
which legally existed or had a vested application on or
prior to the effective date of the ordinance codified in
this section, except that this exemption does not apply to
modifications of such facilities;
(iv) Routine maintenance or repair of
wireless communications facilities and related equip-
ment (excluding structural work or changes in height or
dimensions of antennas, support structures or build-
ings); provided, that compliance with the standards of
this code are maintained.
(2) Principal or Accessory Use. Wireless
communications facilities may be either a principal or
accessory use. A different use of an existing structure on
the same lot shall not preclude the installation of a wire-
less communications facility on that lot.
(3) Reimbursement of Costs. In addition to
the application fee, the applicant shall reimburse the
City for costs of professional engineers and other con-
sultants hired by the City to review and inspect the
applicant’s proposal when the City is unable to do so
with its existing staffing resources. By way of illustra-
tion and not limitation, these professional services may
include engineering and technical review, legal review,
planning review, Hearing Examiner services, environ-
mental review, critical areas review, financial and
accounting review, soils review, and mechanical and
structural engineering review. In the event that a project
requires professional services beyond that which is
included in the base fee, the applicant shall reimburse
the City the full cost of such engineer or consultant ser-
vices plus a City service charge of ten (10) percent as
calculated from before-tax cost.
(c) Definitions.
(1) "Base station" means a structure or equip-
ment at a fixed location that enables FCC-licensed or
authorized wireless communications between user
equipment and a communications network. The term
does not encompass a tower as defined herein or any
equipment associated with a tower. "Base station"
includes, without limitation:
(i) Equipment associated with wireless
communications services such as private, broadcast, and
public safety services, as well as unlicensed wireless
services and fixed wireless services such as microwave
backhaul.
(ii) Radio transceivers, antennas, coaxial
or fiber-optic cable, regular and backup power supplies,
and comparable equipment, regardless of technological
configuration (including Distributed Antenna Systems
(“DAS”) and small-cell networks).
(iii) Any structure other than a tower that,
at the time the relevant application is filed with the City
under this section, supports or houses equipment
described in subsections (d)(1)(i) and (ii) of this section
that has been reviewed and approved under the applica-
ble zoning or siting process, or under another state or
local regulatory review process, even if the structure
was not built for the sole or primary purpose of provid-
ing that support.
The term does not include any structure that, at
the time the relevant application is filed with the City
under this section, does not support or house equipment
described in subsections (d)(1)(i) and (ii) of this section.
(2) "Co-location" means the mounting or
installation of transmission equipment on an eligible
support structure for the purpose of transmitting and/or
receiving radio frequency signals for communications
purposes.
(3) "Concealed" means a wireless communi-
cations antenna or facility that is not evident; it is dis-
guised, hidden by, or integrated with a structure that is
not a wireless communications facility.
(4) "Eligible facilities request" means any
request for modification of an existing tower or base sta-
tion that does not substantially change the physical
dimensions of such tower or base station, involving:
(i) Co-location of new transmission
equipment;
(ii) Removal of transmission equipment;
or
(iii) Replacement of transmission equip-
ment.
(5) "Eligible support structure" means any
tower or base station as defined in this section; provided,
that it is existing at the same time the relevant applica-
tion is filed with the City of Bremerton under this sec-
tion.
(6) "Existing" means a constructed tower or
base station is existing for purposes of this section if it
has been reviewed and approved under the applicable
zoning or siting process, or under another State or local
regulatory review process; provided, that a tower that
has not been reviewed because it was not in a zoned area
when it was built, but was lawfully constructed, is exist-
ing for purposes of this section.
(7) "Nonsubstantial change" means any mod-
ification to an existing support structure not classified as
or meeting the criteria of a substantial change, as
defined in this section.
(8) "Provider" means every corporation, com-
pany, association, joint stock company, firm, partner-
ship, limited liability company, other entity and
individual licensed to provide personal wireless services
over personal wireless communications facilities.
20.46-9 (Revised 7/16)
Bremerton Municipal Code 20.46.140
(9) Right-of-Way. For the purpose of this
chapter, "right-of-way" means any site located in City
right-of-way, or on City property.
(10)"Site" means, for towers other than towers
in the public rights-of-way, the current boundaries of the
leased or owned property surrounding the tower and any
access or utility easements currently related to the site,
and, for other eligible support structures, further
restricted to that area in proximity to the structure and to
other transmission equipment already deployed on the
ground.
(11)"Structure" means any existing building,
utility pole, or tower capable of supporting a wireless
communications antenna. Structures include, but are not
limited to, existing buildings, water towers, and utility
poles and/or towers.
(12)"Substantial change" means a modifica-
tion substantially changes the physical dimensions of an
eligible support structure if it meets any of the following
criteria:
(i) For towers other than towers in the
public rights-of-way, it increases the height of the tower
by more than ten (10) percent or by the height of one (1)
additional antenna array with separation from the near-
est existing antenna not to exceed twenty (20) feet,
whichever is greater; for other eligible support struc-
tures, it increases the height of the structure by more
than ten (10) percent or more than ten (10) feet, which-
ever is greater;
(ii) For towers other than towers in the
public rights-of-way, it involves adding an appurte-
nance to the body of the tower that would protrude from
the edge of the tower more than twenty (20) feet, or
more than the width of the tower structure at the level of
the appurtenance, whichever is greater; for other eligible
support structures, it involves adding an appurtenance to
the body of the structure that would protrude from the
edge of the structure by more than six (6) feet;
(iii) For any eligible support structure, it
involves installation of more than the standard number
of new equipment cabinets for the technology involved,
but not to exceed four (4) cabinets; or, for towers in the
public rights-of-way and base stations, it involves
installation of any new equipment cabinets on the
ground if there are no preexisting ground cabinets asso-
ciated with the structure, or else involves installation of
ground cabinets that are more than ten (10) percent
larger in height or overall volume than any other ground
cabinets associated with the structure;
(iv) It entails any excavation or deploy-
ment outside the current site;
(v) It would defeat the concealment ele-
ments of the eligible support structure; or
(vi) It does not comply with conditions
associated with the siting approval of the construction or
modification of the eligible support structure or base sta-
tion equipment; provided, however, that this limitation
does not apply to any modification that is noncompliant
only in a manner that would not exceed the thresholds
identified in subsections (g)(3)(i) through (iv) of this
section.
(13)"Transmission equipment" means equip-
ment that facilitates transmission for any FCC-licensed
or authorized wireless communication service, includ-
ing, but not limited to, radio transceivers, antennas,
coaxial or fiber-optic cable, and regular and backup
power supply. The term includes equipment associated
with wireless communications services including, but
not limited to, private, broadcast, and public safety ser-
vices, as well as unlicensed wireless services and fixed
wireless services such as microwave backhaul.
(14)"Tower" means any structure built for the
sole or primary purpose of supporting any FCC-licensed
or authorized antennas and their associated facilities,
including structures that are constructed for wireless
communications services including, but not limited to,
private, broadcast, and public safety services, as well as
unlicensed wireless services and fixed wireless services
such as microwave backhaul, and the associated site.
(15)"Wireless communications 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 shel-
ter, support tower and antenna array.
(d) Process. The applicant shall provide proof of
legal authority to co-locate on an existing structure,
modify an existing structure, or construct a new struc-
ture at the time of permit submittal. This shall include
any current franchise agreements for projects located
within the City’s right-of-way and lease agreements on
private or City real property. Only a complete applica-
tion shall be accepted for review. Prior to acceptance,
the permit application shall be reviewed for complete-
ness. If an application is deemed complete, the applica-
tion will be processed and reviewed. The Director has
the discretion to elevate a Type I permit to a Type II per-
mit, and/or a Type II permit to a Type III permit in cases
where views from residential properties or views from
the public right-of-way may be affected.
(1) Type I Permit.
(i) An eligible facilities request, as
defined by this chapter.
(ii) The installation of new wireless com-
munications facilities in the public right-of-way.
(Revised 7/16)20.46-10
20.46.140
(2) Type II Permit.
(i) All other wireless communications
facilities not exempt by this chapter, and not eligible for
a Type I permit, require a Type II permit.
(ii) A Type II permit, including the notifi-
cation of adjacent property owners within three hundred
(300) feet, is required for all new wireless communica-
tions facilities in residential zoning districts, and for
sites adjacent to residential zones.
(e) Siting Wireless Communications Facilities. It
is the policy of the City to minimize the number of wire-
less communication towers. The City encourages the
location of antenna arrays on existing structures and
encourages the co-location of antenna arrays of more
than one (1) wireless communication service provider
on a single tower. All wireless communications facili-
ties shall be screened or concealed to the greatest degree
feasible unless otherwise exempt. Priority of location
shall be as follows:
(1) Co-Location. Mount antennas on eligible
support structures as defined by this chapter.
(2) Antennas on Street (Utility) Poles Located
in the Right-of-Way. The total bulk added to a pole shall
not exceed double the average bulk of existing poles
within three hundred (300) feet. An existing street pole
may be replaced with a new street pole of the same
diameter and appearance as the existing street pole; pro-
vided, the highest element on the pole, including anten-
nas, does not exceed the average height of existing poles
within three hundred (300) feet. Alterations for
increased height and bulk may be granted by the Direc-
tor if the applicant can demonstrate that a superior
method of concealment will be utilized. When well con-
cealed, a greater number of sites spread over a larger
area is preferable to replacing an existing pole with a
taller pole.
(3) Antennas Mounted on Existing Structures.
The applicant shall exhaust co-location possibilities and
locating on other structures (i.e., buildings, roofs, light
standards, etc.) before applying for a new tower. The
antennas, mounting hardware and antenna cables shall
be concealed to match the existing building or structure.
Rooftop equipment shall be screened in a manner and
material that is architecturally compatible with the
building. Examples of appropriate screening include,
but are not limited to, lattice, parapet walls or rooftop
plantings.
(4) New Towers. The applicant bears the bur-
den to show that mounting antennas on existing struc-
tures or towers is not technically feasible before
applying for an application for a new tower. This burden
includes documenting existing structures that were stud-
ied prior to the application and an analysis explaining
why those locations were not technically feasible. New
towers, support structures and equipment areas shall be
designed to accommodate antennas for more than one
(1) user, unless the applicant demonstrates why such
design is not technically feasible.
(f) Siting and Design of Towers and Associated
Equipment. Site location and development shall:
(1) Be integrated through location and design
to blend in with the existing characteristics of the site.
(2) Preserve the existing on-site vegetation
and minimize disturbance of the existing topography,
unless such disturbance would result in less visual
impact of the site to the surrounding area.
(3) Be designed and placed on the site in a
manner that takes the maximum advantage of existing
trees, mature vegetation, and structures as to use exist-
ing site features to screen as much of the total facility as
possible, and/or use existing site features as a back-
ground so that the facility blends into the background
with increased sight distances. Equipment shelter/cabi-
nets at ground level shall be screened with landscaping
and/or other such material that provides screening
during the entire year. Setbacks from property lines
shall be maximized where practical.
(4) When comparing potential sites for a new
wireless communication tower, sites that can provide
substantial screening of the tower will be preferred over
sites where the tower will be highly visible.
(5) New towers shall be located in the follow-
ing locations in order of preference: City property,
industrial zone (I), freeway corridor zone (FC), general
commercial zone (GC), place antennas and towers in
other zone districts which do not adjoin or adversely
impact residential neighborhoods.
(g) Minimum Design and Submittal Require-
ments. All wireless communications facilities not spe-
cifically exempted by this chapter shall provide the
following:
(1) Photo simulations of the proposed facility
from affected residential properties and public rights-of-
way at varying distances.
(2) A landscaping plan which complies with
BMC 20.50.050. The Director may adjust these require-
ments when co-locating on an existing structure.
(3) All new wireless communications facili-
ties shall provide signed statements indicating that:
(i) The applicant and landowner (if dif-
ferent) agree they will diligently negotiate in good faith
to facilitate co-location of additional wireless communi-
cations facilities by other providers on the applicant’s
structure or within the same site location; and
(ii) A letter signed by the applicant stat-
ing the tower will comply with all Federal Aviation
Administration (FAA) regulations and Electronic Indus-
20.46-11 (Revised 7/16)
Bremerton Municipal Code 20.46.140
tries Alliance (EIA) standards and all other applicable
federal and local laws and regulations.
(iii) Certification that the antenna usage
will not interfere with other adjacent or neighboring
transmission or reception functions.
(iv) If technology should change and a
wireless communications facility becomes obsolete, or
the use of the facility abandoned or discontinued, the
applicant shall remove facilities per subsection (j) of this
section.
(4) Wireless communications facilities shall
be screened or concealed to the greatest degree feasible
by employing the best available technology. This may
be accomplished by use of compatible materials, loca-
tion, color, stealth technologies, and/or other tactics to
achieve minimum visibility of the facility as viewed
from public streets or residential properties. All screen-
ing and concealment is subject to the approval of the
City.
(5) Tower bases, equipment enclosures and
cabinets and related security fencing shall be screened
from public view. This screening requirement may be
met in a number of ways, including use of a solid
masonry wall, earthen berms, artwork, or landscaping.
If landscaping is employed, it shall meet all applicable
requirements of Chapter 20.50 BMC.
(6) In reviewing the proposed placement of a
wireless facility on the site and any associated landscap-
ing, the City may make a condition of the permit that the
applicant supplement existing trees and mature vegeta-
tion to more effectively screen the facility.
(7) Towers, antennas, and any associated
hardware and equipment shall be painted a nonreflective
color or color scheme appropriate to the background
against which the facility would be viewed from a
majority of points within its viewshed, unless otherwise
required by the FAA. A proposed color or color scheme
shall be approved by the City.
(8) Fencing, if used, shall conform to BMC
20.46.020 and the following:
(i) Security fencing shall be effectively
screened from view through the use of appropriate land-
scaping materials; and
(ii) Chain-link fences shall be painted or
coated with a nonreflective color, and shall have a min-
imum three (3) foot deep area to be planted with
approved plant species in a manner that will completely
screen the fencing.
(9) No wireless equipment enclosures
reviewed under this section shall be located within
required yard setback areas, and when located outside
the right-of-way, shall not be permitted within ten (10)
feet of any property line.
(h) Proof of Necessity. Providers are required to
demonstrate that their facilities must be placed in the
proposed location in order to satisfy their grid system
and provide adequate coverage. Regional grid maps
shall be submitted showing the proposed site and its
relation to sites in the area. The companies shall also
demonstrate that the height of the facility they are
requesting is the minimum height necessary to provide
adequate coverage within the grid system. Some gaps in
coverage and less than seamless coverage may be
acceptable. In some instances, there may be a need for
expert review by a third party of the technical data. The
City may require such a technical review, to be paid for
by the applicant. The expert review may include, but not
be limited to, a recommendation on the height of the
proposed facilities relative to the applicant’s coverage
objectives and system design parameters, or the struc-
tural requirements for accommodating co-location.
Based on the results of the third party review, the City
may require changes to the application that comply with
the recommendations of the expert.
(i) Noise. All wireless communications facilities
and supporting equipment shall conform to levels estab-
lished in Chapter 6.32 BMC. A noise study verifying
that the maximum level is not being exceeded may be
required prior to issuance of the building permit. If com-
plaints regarding noise levels are registered with the
City, the City may require additional testing and certifi-
cation of the noise level, at the expense of the commu-
nications facility owner/operator.
(j) Abandonment or Discontinuation of Use.
(1) At such time that a provider plans to aban-
don or is required to abandon the operation of a wireless
communications facility, such provider will notify the
City Department of Community Development by certi-
fied U.S. mail of the proposed date of abandonment.
Such notice shall be given no less than thirty (30) days
prior to abandonment.
(2) In the event that a licensed provider fails
to give such notice, the personal wireless facility shall
be considered abandoned.
(3) Upon abandonment, the provider shall
physically remove the wireless communications facility
within one hundred eighty (180) days from the date of
abandonment. "Physically remove" shall include, but
not be limited to:
(i) Removal of antennas, mounts, equip-
ment cabinets and security barriers from the subject
property.
(ii) Removal of towers.
(iii) Transportation of the antennas,
mounts, equipment cabinets, security barriers, and tow-
ers to a location outside of the City of Bremerton, or to
an approved storage area.
(Revised 7/16)20.46-12
20.46.150
(iv) Restoring the location of the personal
wireless facility to its natural condition, except any
remaining landscaping and grading.
(k) Maintenance.
(1) Wireless communications facilities shall
be maintained. For purposes of this section, "mainte-
nance" shall include but not necessarily be limited to the
following:
(i) Keeping of all plant materials used for
screening in a live and healthy condition;
(ii) Regular painting of towers, enclo-
sures, artwork, fences and all paintable items on the site
such that rust, peeling paint, or oxidation is not evident;
(iii) Repair of any loose or hanging equip-
ment or parts; and
(iv) Replacement of missing plants, art-
work, fencing or fencing parts, or portions of towers,
enclosures, and other equipment. (Ord. 5301 §3 (Exh.
B) (part), 2016: Ord. 4950 §8 (Exh. A) (part), 2005)
20.46.150 PUBLIC UTILITY FACILITIES.
Public utility facilities as defined in Chapter 20.42
BMC may be permitted in all zones where not listed as
an allowable use, provided a conditional use permit is
approved pursuant to BMC 20.58.020, and subject to the
following conditions. Decisions shall be a Type II
Director’s decision per Chapter 20.02 BMC.
(a) The public facility does not substantially inter-
fere with or detract from the intent of the zone district,
as determined by the Director;
(b) The public facility conforms to applicable
development standards of the zone, including setback
and height standards, unless modified by the Director;
(c) Measures are taken to provide screening for the
public facility in cases where the facility would other-
wise have a negative impact on the visual character of a
neighborhood as seen from rights-of-way or adjacent
properties. (Ord. 5301 §3 (Exh. B) (part), 2016: Ord.
4950 §8 (Exh. A) (part), 2005)
20.46.160 PUBLIC DISTRIBUTION/
TRANSMISSION FACILITIES.
Public distribution/transmission facilities as
defined in Chapter 20.42 BMC are permitted outright in
all zones. The Director shall determine whether a utility
facility is most appropriately classified as a public dis-
tribution/transmission facility or a public utility facility
(see BMC 20.46.150) according to the definitions set
forth in Chapter 20.42 BMC. (Ord. 5301 §3 (Exh. B)
(part), 2016: Ord. 4950 §8 (Exh. A) (part), 2005)
20.48-1 (Revised 7/16)
Bremerton Municipal Code 20.48.040
Chapter 20.48
OFF-STREET PARKING REQUIREMENTS
Sections:
20.48.010 INTENT.
20.48.020 APPLICABILITY.
20.48.030 NONCONFORMITIES.
20.48.040 GENERAL REQUIREMENTS.
20.48.050 MODIFICATIONS TO
PARKING DEVELOPMENT
STANDARDS.
20.48.060 RESIDENTIAL PARKING
DEVELOPMENT STANDARDS.
20.48.080 NONRESIDENTIAL PARKING
DEVELOPMENT STANDARDS.
20.48.100 PARKING REDUCTION.
20.48.120 UNLISTED USES.
20.48.140 ACCESSIBLE PARKING.
20.48.150 ELECTRIC VEHICLE
CHARGING STATIONS.
20.48.160 LOADING/UNLOADING
SPACES.
20.48.180 OTHER REQUIRED PARKING
SPACES.
20.48.200 RENT OF RESIDENTIAL
PARKING.
20.48.220 SATELLITE PARKING.
20.48.240 JOINT USE OF PARKING
FACILITIES.
20.48.260 DRIVE-THROUGH STACKING
REQUIREMENTS.
20.48.010 INTENT.
The intent of this chapter is to require off-street
parking and loading facilities in proportion to the park-
ing and loading demand of land uses while minimizing
the amount of impervious surface where possible. The
purpose of the regulations and design standards are to
ensure the usefulness of parking and loading facilities,
to protect the public safety, to mitigate adverse land use
impacts and to protect the visual, water and air quality
of the community. (Ord. 5301 §3 (Exh. B) (part), 2016:
Ord. 4950 §8 (Exh. A) (part), 2005)
20.48.020 APPLICABILITY.
(a) General. The provisions of this chapter shall be
applied at the time of erection of any building or struc-
ture, or at the time any principal building or structure is
enlarged or increased in capacity unless provided for
otherwise by law. This chapter shall be used in conjunc-
tion with specific off-street parking requirements set
forth in this title. In cases of conflict, the most stringent
requirement shall apply.
(b) Remodeled, Improved, or a Change of Use.
When an existing structure is remodeled, improved, or a
change of use or tenancy occurs on a legally established
site, it shall be exempt from providing additional off-
street parking; provided, that:
(1) The structure is not enlarged, extended, or
structurally altered outside the existing building enve-
lope in a manner that would require additional parking
pursuant to this chapter. In the case of a structure
expanding, the number of additional spaces shall be
computed only to the extent of the enlargement, regard-
less of whether or not the number of previous existing
spaces satisfies the requirements of this chapter.
(2) In residential structures, alterations do not
increase the number of dwelling units.
(3) The number of off street parking spaces is
not decreased, except in cases where the resulting
decrease in parking conforms to the minimum number
required by this chapter.
(4) This does not apply to adaptive reuses per
BMC 20.46.070.
(c) Movement of Building. If a building is moved
to a new lot, off-street parking spaces shall be provided
in accordance with the requirements of this chapter.
(Ord. 5301 §3 (Exh. B) (part), 2016: Ord. 4950 §8 (Exh.
A) (part), 2005)
20.48.030 NONCONFORMITIES.
Any use which, on the effective date of the ordi-
nance codified in this chapter or any amendments
hereto, is nonconforming in terms of required off-street
parking facilities may continue in the same manner as if
they were conforming unless any of the provisions set
forth in BMC 20.48.020 would apply. However, in no
case shall nonconforming parking have its existing
number of off-street parking spaces reduced. (Ord. 5301
§3 (Exh. B) (part), 2016: Ord. 4950 §8 (Exh. A) (part),
2005)
20.48.040 GENERAL REQUIREMENTS.
The following requirements are applicable to all
zoning districts:
(a) Occupancy. No building or structure shall be
approved for occupancy unless adequate parking facili-
ties are provided consistent with the requirements of this
chapter.
(b) Availability. All required off-street parking
spaces shall be made available and continuously main-
tained for the parking of residents, customers, patrons
and employees of the related land uses and shall not be
rented, leased or otherwise assigned to any person or
organization not related to the principal or accessory
land use.
(c) Plans Required. No building permit shall be
issued until the applicant has submitted satisfactory
(Revised 7/16)20.48-2
20.48.050
plans to the City showing how the off-street parking and
loading facilities required by this chapter will be pro-
vided and maintained. Development of a parking lot
without a building or other structure does not require a
building permit, but does require site plan review in
accordance with BMC 20.58.080.
(d) Maintenance. It shall be the responsibility of
the property owner to ensure that parking areas and
driveways are continually maintained in good condition
and free of refuse and debris. All required landscaping
shall be kept in a healthy condition and properly main-
tained.
(e) Nonparking Activities. No business, tempo-
rary or permanent display, or other nonparking activity
shall occur on any required parking space.
(f) Parking Prohibited. Parking is prohibited on
landscaped or other areas not designed and approved for
parking.
(g) Unobstructed Access and Circulation.
(1) Unobstructed vehicular access to and from
public or private streets shall be provided for all off-
street parking spaces. Vehicular access drives shall be
designed to ensure the safety of persons using such
access or traveling on the public street.
(2) Required parking and all maneuver areas
shall remain free of all obstructions.
(3) No parking space may block access to
another parking space unless the City has approved a
tandem parking design and valet parking with a tenant is
made available during hours of operation.
(4) Except for single-family and duplex struc-
tures on individual lots, parking spaces shall be
designed to prevent the backing of vehicles onto a pub-
lic right-of-way, or a private street other than an alley.
(h) Shared Driveways. Shared driveways are
encouraged for abutting lots whenever practical.
Approval shall include easements granting access to all
property owners using the shared driveway. (Ord. 5301
§3 (Exh. B) (part), 2016: Ord. 4950 §8 (Exh. A) (part),
2005)
20.48.050 MODIFICATIONS TO PARKING
DEVELOPMENT STANDARDS.
The parking development standards included in
BMC 20.48.060 and 20.48.080 are base standards. Indi-
vidual zone chapters may provide additional parking
standards, or departures from these base standards. In
cases of conflict, parking development standards in
individual zone chapters shall supersede. Further reduc-
tions from base parking standards may be allowable per
BMC 20.48.100. (Ord. 5301 §3 (Exh. B) (part), 2016:
Ord. 4950 §8 (Exh. A) (part), 2005)
20.48.060 RESIDENTIAL PARKING
DEVELOPMENT STANDARDS.
The following provisions apply to off-street park-
ing spaces for all residential development:
(a) Surface. Driveways and areas used for loading,
parking and maneuvering motorized vehicles shall have
a paved surface.
(b) Gravel Surface Driveway. A gravel surface
driveway may be allowed for a single-family residence
for that portion of the driveway that is more than one
hundred (100) feet from the lot line where access is pro-
vided. Any driveway approved for a gravel surface shall
include a paved apron in front of the garage automobile
door entrance extending a minimum depth of eighteen
(18) feet and at least the width of the garage door.
(c) Side Yard Setback. Minimum three (3) feet.
When parking is located in an approved driveway, the
setback for parking may be reduced to zero (0) feet.
(d) Rear Yard Setback. Minimum three (3) feet.
When parking is located in an approved driveway, the
setback for parking may be reduced to zero (0) feet.
(e) Alley Setback. Zero (0) feet.
(f) Front Yard Setback. No parking shall be
located within the front yard setback area of the zone,
except within paved driveways, unless allowed other-
wise by law.
(g) Stall Dimensions.
(1) Parking stalls for a single-family dwelling
shall have a minimum width of eight (8) feet and depth
of eighteen (18) feet.
(2) Parking facilities for two (2) or more
dwellings shall comply with the design standards pre-
scribed in BMC 20.48.080. These design standards may
be modified to allow stacked parking spaces for a resi-
dential structure containing up to four (4) dwellings,
provided the parking spaces comply with setbacks.
(h) Driveways.
(1) A driveway may be located within any set-
back area for a residential use, provided it complies with
all applicable city street and engineering standards
established in BMC Title 11.
(2) The driveway shall not be less than eight
(8) feet in width and not more than twenty (20) feet in
width within the front yard setback. The Director may
approve exceptions to the maximum driveway width
when necessary for compliance with the Americans
with Disabilities Act (ADA) standards.
(i) Required Parking Spaces. The number of off-
street parking spaces shall be provided in accordance
with the use and the following corresponding standards,
except as modified per BMC 20.48.050:
20.48-3 (Revised 7/16)
Bremerton Municipal Code 20.48.080
(Ord. 5301 §3 (Exh. B) (part), 2016: Ord. 5118 §2, 2010: Ord. 4950 §8 (Exh. A) (part), 2005)
20.48.080 NONRESIDENTIAL PARKING
DEVELOPMENT STANDARDS.
The following provisions apply to off-street park-
ing spaces for all nonresidential developments and park-
ing lots:
(a) Surface. Driveways and areas used for loading,
parking and maneuvering motorized vehicles shall have
a paved surface.
(b) Side and Rear Yard Setbacks. Parking spaces
shall be set back a minimum of five (5) feet from the
side and rear lot lines unless adjacent to the low density
residential zone in which case a minimum of ten (10)
feet of visual screening is required pursuant to BMC
20.50.050. Projects which are not adjacent to low den-
sity residential may reduce setbacks to zero (0) if the fol-
lowing are incorporated into the design of the parking
area:
(1) A solid fence or wall is provided; and
(2) Landscaped islands at least forty-five (45)
square feet of area are provided in a manner that breaks
up parking spaces adjacent to the lot line into groups of
not more than six (6) spaces each.
(c) Front Yard Setbacks. Parking spaces shall be
set back a minimum of ten (10) feet from the front lot
line.
(d) Parking Setbacks in Structures. When parking
is incorporated within a structure, the parking shall com-
ply with the setbacks of the zone applicable to the struc-
ture.
(e) Stall and Aisle Requirements. Parking facili-
ties for required parking shall meet the minimum stall
and aisle dimensions set forth in Figure 20.48(a).
(f) Modifications to Parking Stall Requirements.
The standards set forth in subsection (e) of this section
may be modified to allow for a vehicle overhang of up
to two and one-half (2.5) feet, provided:
(1) Wheel stops are attached to the ground or
pavement if curbs are not provided;
(2) The vehicle overhang would not extend
beyond the lot line or into front yard setback areas;
(3) Walkways maintain a minimum three (3)
foot wide (four (4) feet for handicap access routes)
unimpeded passage for pedestrian passage beyond the
two and one-half (2.5) foot overhang.
(g) Driveways. The width of nonresidential drive-
ways shall be based on the location, intended usage, and
other factors and shall be in accordance with state and
City engineering standards.
(h) Internal Parking Lot Design. Parking facilities
shall incorporate the following features to provide safe
and efficient circulation for vehicles and pedestrians:
(1) Standard traffic control signs and devices
to direct traffic;
(2) Signs, crosswalks, raised pedestrian walk-
ways and night lighting to provide for safe pedestrian
movement;
(3) Landscaped islands, raised curbs, and
striping to define parking lot entrances, end of parking
aisles and the patterns of internal circulation; and
Type of Use
Number of
Bedrooms Minimum Number of Parking Spaces
(1) ADU See BMC 20.46.010
(2) Single-unit residential All 2.0 per dwelling
(3) Two-unit residential All 2.0 per dwelling
(4) Multi-unit residential 1 or less 1.5 per dwelling
(5) Multi-unit residential 2 1.75 per dwelling
(6) Multi-unit residential 3 or more 2.0 per dwelling
(7) Multi-unit residential located within a
center
All 1.0 per dwelling
(8) Group residential facility, Class I 2.0 plus 1.0 for each bedroom beyond the first 4
plus 1.0 for each 300 square feet of gross floor
area used for counselingGroup residential home
Adult family home
(9) Senior housing complex 3 or more 1.0 per dwelling, plus access to alternative
transportation such as public transit or on-site
shuttle services to access daily goods and
services shall be provided
(Revised 7/16)20.48-4
20.48.080
(4) Overall design coordination and adher-
ence to all applicable design standards.
(i) Landscaping. Landscaping shall be provided in
accordance with the requirements prescribed in Chapter
20.50 BMC.
(j) Lighting. Parking areas shall be lighted for the
safety of pedestrians and vehicle circulation on the site
in the following manner:
(1) Lights are hooded or beamed so that there
is no undesirable glare directed onto any adjacent streets
or property; and
(2) Lighting shall be designed adequately to
illuminate the parking area while preventing the direct
illumination of adjacent properties.
(k) Signage and Striping. Directional signs and
pavement markings shall be used to control vehicular
movement within parking areas and to mark spaces.
(1) The locations of parking spaces shall be
clearly indicated by curb markings, wheel stops, bol-
lards, or other means.
(2) Incidental signs within parking lots shall
be limited to two (2) square feet in size.
(3) No signs other than those indicating
entrances, exits, name of the lot or the establishment to
which the lot is accessory, conditions of use, or identifi-
cation of disabled parking spaces shall be erected.
(4) Signage for handicap spaces shall comply
with the requirements prescribed in RCW 70.92.120.
(l) Required Parking Spaces. The number of off-
street parking spaces shall be provided in accordance
with the use and following corresponding standards
except as modified per BMC 20.48.050:
Category of Land Use Minimum Number of Parking Spaces
BUSINESS/COMMERCIAL:
(1) Barber shop/beauty salon 1 per 75 sq. ft. gross floor area (g.f.a.)
(2) Bank/financial 1 per 350 sq. ft. g.f.a.
(3) Laundry (self-service) 1 per 4 washing machines, with a minimum of 5 required
(4) Office 1 per 300 sq. ft. g.f.a.
(5) Retail store less than 15,000 sq. ft. 1 per 300 sq. ft. g.f.a.
(6) Retail store 15,000 sq. ft. or larger 1 per 250 sq. ft. g.f.a.
(7) Personal service shop (tanning, shoe repair, dry
cleaner)
1 per 250 sq. ft. g.f.a., with a minimum of 2 required
(8) Plumbing, heating, electrical and building
supplies
1 per 600 sq. ft. g.f.a.
(9) Convenience market/food store (retail)/market
and supermarket
1 per 250 sq. ft. g.f.a., with a minimum of 6 required
(10) Shopping center* 4.0 per 1,000 square feet of leaseable g.f.a.
* A shopping center is a contiguous collection of retail businesses under one ownership or common management located in a building or set of
buildings.
EATING/DRINKING ESTABLISHMENTS:
(1) Restaurant/cocktail lounge/tavern less than
4,000 sq. ft.
1 per 150 sq. ft. g.f.a.
(2) Restaurant/cocktail lounge/tavern 4,000 sq. ft.
or greater
20 plus 1 per 100 sq. ft. g.f.a. greater than 4,000 sq. ft.
ENTERTAINMENT:
(1) Bowling alley 5 per lane
(2) Club, lodge 1 per 4 fixed seats, plus 1 per 50 sq. ft. gross floor area of
assembly area without fixed seating
(3) Dance hall 1 per 100 sq. ft. g.f.a.
(4) Pool hall 1 per 100 sq. ft. g.f.a.
(5) Theater 1 per 4 fixed seats
(6) Video game arcade 15 per 1,000 sq. ft. g.f.a.
20.48-5 (Revised 7/16)
Bremerton Municipal Code 20.48.080
INDUSTRIAL:
(1) Industrial establishment/research and
development
1 per 600 sq. ft. g.f.a.
(2) Mini-warehouse 1 per 3,000 sq. ft. g.f.a., plus 1 loading space per 10,000 sq.
ft. g.f.a., plus 1 per 300 sq. ft. g.f.a. for office area
(3) Wholesale establishment/warehouse, trucking
and freight terminal
1 per 2,000 sq. ft. g.f.a. up to 20,000 sq. ft. (3 space
minimum), plus 1 per 2,500 sq. ft. g.f.a. 20,001 to 100,000
sq. ft. (10 space minimum), plus 1 per 3,000 sq. ft. greater
than 100,000 sq. ft. (40 spaces minimum)
LODGING:
(1) Bed and breakfast 1 per guest room plus 1 for the resident household
(2) Hotel 1 per 2 guest rooms, plus 1 per 200 sq. ft. g.f.a. of common
areas
(3) Motel 1 per 2 guest rooms, plus 1 per 200 sq. ft. g.f.a. of common
area plus 1 for manager
(4) Travel trailer park/tourist court 1 per trailer site, plus 1 per 10 sites located in a secure storage
area, plus 1 per 5 sites for guest parking, plus other parking
for office or community buildings
MEDICAL/DENTAL:
(1) Medical/dental office 1 per 150 sq. ft. g.f.a.
(2) Hospital/medical centers 1.8 per overnight bed based on state license
(3) Nursing home/health institution/convalescent
home
1 per 600 sq. ft. g.f.a.
(4) Veterinarian/animal hospital 1 per 200 sq. ft. g.f.a.
RECREATIONAL:
(1) Health club/figure salon/physical fitness center 10 per 1,000 sq. ft. g.f.a.
(2) Parks/playground Based on anticipated parking demand
(3) Racquet/handball 2 per each court
(4) Swimming facility 5, plus 1 per 75 sq. ft. of gross surface water area
PUBLIC:
(1) Library/museum 1 per 400 sq. ft. g.f.a.
(2) Places of assembly (arenas, churches,
auditoriums, stadiums, sports arenas, etc.)
1 per 4 fixed seats (20 inches of a bench or pew = 1 seat),
plus 1 per 50 sq. ft. g.f.a. of assembly without seats
EDUCATIONAL:
(1) Nursery school/day care 1 per 5 children, plus 2 loading/unloading spaces (12 or
fewer children are exempt from the loading/unloading)
(2) School, business and trade 6 per classroom, and/or 1 per 200 sq. ft. g.f.a. of
administrative office, and/or teaching lab or shop
(3) School, college or university 2 per 1,000 sq. ft. g.f.a. used for academics, plus 1 per each 4
student rooming units, plus additional space as required for
nonacademics
(4) School, K through 9th grade 2 per classroom, plus 1 per 200 sq. ft. g.f.a. of administrative
office
Category of Land Use (Continued) Minimum Number of Parking Spaces
(Revised 7/16)20.48-6
20.48.100
(Ord. 5301 §3 (Exh. B) (part), 2016: Ord. 5046 §3, 2008; Ord. 4950 §8 (Exh. A) (part), 2005)
20.48.100 PARKING REDUCTION.
Modifications to the requirements of this chapter
may be granted for the following:
(a) For a modification to the number of off-street
parking spaces required by this title, a decrease in the
required number of spaces may be granted if the number
of spaces proposed is documented by an adequate and
thorough parking-demand-and-utilization-study to suf-
ficiently serve the use with appropriate off-street park-
ing. The study shall be prepared by a licensed
transportation engineer or other qualified professional
with parking demand expertise, and shall analyze the
operational characteristics of the proposed use which
justify a parking reduction. Approval of a parking
reduction shall be solely at the discretion of the City.
The following reductions do not require the above men-
tioned report:
(1) Covered Bicycle Storage. If covered and
secured bicycle storage is provided on site, a credit
towards parking requirements at a ratio of one (1) less
parking stall per six (6) bicycle spaces will be granted.
The Director may increase credits according to size of
development and anticipated pedestrian and bicycle
activity and proximity to transit facilities. A maximum
reduction of five (5) percent of required parking stalls
may be granted. If a reduction of five (5) or more stalls
is granted, then changing facilities including showers
and lockers shall be required.
(2) Transit Improvements. For new residen-
tial development consisting of ten (10) or more dwelling
units, or commercial projects consisting of fifty (50) or
more employees, and located within one thousand five
hundred (1,500) feet of an existing or planned transit
facility, a reduction in parking may be requested for up
to fifteen (15) percent of required spaces if improve-
ments to the local transit system are made by the appli-
cant. Any such plan requires the approval of Kitsap
Transit and the City.
(3) Designated Land Use Centers. If a change
of use occurs on a property within a center zone desig-
nation, resulting in a significant increase in the parking
requirement, the Director may reduce the minimum
number of required parking spaces by up to ten (10),
provided:
(i) Sites containing multiple buildings
and/or uses shall have the reduction applied to the entire
site and not to individual uses;
(ii) The number of existing off-street
parking spaces is not reduced.
(4) Group Residential Facility - Class I, Adult
Family Home, and Group Residential Home. The Direc-
tor may authorize a reduction in the number of required
parking spaces for a group residential facility - Class I,
adult family home, or group residential home if there is
a clear indication that the requirements of this chapter
(5) School, 10th through 12th grade 1 per each 10 students for which building is designed, plus 1
per classroom, plus 1 per 200 sq. ft. g.f.a. of administrative
office
AUTOMOBILE:
(1) Automobile service 1 per 200 sq. ft. g.f.a., plus 1 per service bay (bay itself is not
a space), with a minimum of 5 required
(2) Motor vehicle/vessel sales lots 1 per 3,000 square feet of retail indoor or outdoor sales area
in addition to parking requirements for the building or
structure
(3) Motorcycle/small engine repair 1 per 400 sq. ft. g.f.a.
(4) Shop/store for sales and service of machinery 1 per 600 sq. ft. g.f.a.
OTHERS:
(1) Garden nursery 1 per 400 sq. ft. g.f.a. of retail area, plus 1 per 500 sq. ft. g.f.a.
of building and outside display area (wholesale)
(2) Marina and moorage facility 1 per 600 sq. ft. g.f.a.
(3) Mortuary/funeral home 1 per 75 sq. ft. of assembly area
(4) Uncovered storage area 1 per 2,000 sq. ft., plus 1 per each vehicle anticipated to be
parked overnight on a regular basis, plus 1 per 300 sq. ft.
g.f.a. for office
Category of Land Use (Continued)Minimum Number of Parking Spaces
20.48-7 (Revised 7/16)
Bremerton Municipal Code 20.48.180
are excessive due to such factors as the resident’s age,
ability to drive, or mental or physical abilities and dis-
abilities. (Ord. 5301 §3 (Exh. B) (part), 2016: Ord. 4950
§8 (Exh. A) (part), 2005)
20.48.120 UNLISTED USES.
Land uses not specifically listed in BMC
20.48.060(i) and 20.48.080(l) shall have their off-street
parking requirements determined in the following man-
ner:
(a) A comparison is made of the unlisted use to a
listed use and the Director determines that the parking
demand between the two (2) uses is similar. (Ord. 5301
§3 (Exh. B) (part), 2016: Ord. 4950 §8 (Exh. A) (part),
2005)
20.48.140 ACCESSIBLE PARKING.
Where parking is provided, accessible parking
spaces shall be provided that comply with the require-
ments in Chapter 17.04 BMC, City Building Code (IBC
Chapter 11). Accessible parking spaces shall be located
on the shortest accessible route of travel from adjacent
parking to an accessible building entrance. (Ord. 5301
§3 (Exh. B) (part), 2016: Ord. 4950 §8 (Exh. A) (part),
2005)
20.48.150 ELECTRIC VEHICLE CHARGING
STATIONS.
For uses in allowed zones and where parking is pro-
vided, electric vehicle charging stations are encouraged
and shall comply with the City Building Code and
Washington State Electrical Code (Chapter 296-46B
WAC). (Ord. 5301 §3 (Exh. B) (part), 2016: Ord. 5249
§5, 2014)
20.48.160 LOADING/UNLOADING SPACES.
(a) Standards. Off-street loading spaces shall be
provided in accordance with the following standards for
all new nonresidential construction or additions having
a floor area greater than one thousand (1,000) square
feet of gross floor area that is engaged in retail, manu-
facturing, wholesale or storage activities, but excluding
self-service storage facilities, which requires the deliv-
ery of merchandise or materials by trucks:
(b) Standards. Off-street loading spaces shall be
provided in accordance with the following standards for
all new nonresidential construction or additions having
a floor area greater than ten thousand (10,000) square
feet of gross floor area that is engaged in hotel, office,
restaurant or similar use in accordance, which requires
the delivery of merchandise or materials by trucks:
(c) Loading/Unloading Zone Development Stan-
dards.
(1) Design. Off-street loading spaces shall be
at least ten (10) feet in width and have a total area of not
less than two hundred fifty (250) square feet.
(2) Accessibility. With the exception of gates
and security fencing, loading spaces shall be accessible
at all times from a street, alley, or driveway and shall not
be obstructed by other loading spaces, trash receptacles,
outdoor storage, or other obstacles.
(3) Obstructions. Loading functions shall not
interfere with any emergency access, fire exit, or
required vehicle parking spaces.
(d) Modifications.
(1) If the applicant can demonstrate that deliv-
eries are only made during nighttime or other hours
when customers are not present, the loading function
may be accommodated in combination with required
customer/employee parking.
(2) If the applicant can demonstrate that all
deliveries are made by trucks with a gross weight of
twenty-six thousand (26,000) pounds or less, the num-
ber of required loading/unloading spaces may be
reduced by one (1) if a load/unload zone located within
the public right-of-way fronting the property is
approved by the Public Works Department. (Ord. 5301
§3 (Exh. B) (part), 2016: Ord. 4950 §8 (Exh. A) (part),
2005)
20.48.180 OTHER REQUIRED PARKING
SPACES.
All nonresidential uses and residential develop-
ments of six (6) or more dwellings shall provide parking
spaces for the following:
(a) Motorcycle Spaces. Motorcycle spaces shall
be provided at one (1) per twenty-five (25) of the
required automobile spaces with at least one (1) motor-
cycle space provided.
Total Gross Floor Area
Number of
Loading
Spaces
Required
(1) 1,000 to 20,000 square feet 1
(2) 20,001 to 50,000 square feet 2
(3) 50,001 to 100,000 square feet 3
(4) Greater than 100,000 square feet 4
Total Gross Floor Area
Number of
Loading
Spaces
Required
(1) 10,000 to 50,000 square feet 1
(2) 50,001 to 100,000 square feet 2
(3) Greater than 100,000 square feet 3
(Revised 7/16)20.48-8
20.48.200
(1) Automobile parking requirements may be
reduced one (1) space for every three (3) motorcycle
spaces provided, up to a maximum five (5) percent of
the total required automobile spaces.
(2) Each motorcycle space shall be no smaller
than four (4) feet in width and eight (8) feet in depth.
(3) Motorcycle spaces shall be located
according to the same criteria and standards that are
applicable to automobile parking spaces.
(4) The Director may exempt those nonresi-
dential uses that would not normally have motorcycle-
riding clientele (such as warehouses, storage facilities,
automobile services, etc.) from motorcycle parking
requirements.
(b) Bicycle Facilities. Bicycle parking spaces shall
be provided at ten (10) percent of the required automo-
bile spaces.
(1) The minimum number of required bicycle
spaces for schools of all types except higher education
institutions shall be calculated at the rate of one (1)
space per twenty (20) students, based on the facility’s
designed capacity.
(2) The Director may exempt those nonresi-
dential uses that would not normally have bicycle-riding
clientele (such as self-service businesses, automobile
services, gas stations, etc.) from the bicycle parking
requirements.
(3) Bicycle facilities shall be firmly attached
to the ground, located near the building entrance, and
designed to allow both the frame and wheels to be
securely locked to the structure. (Ord. 5301 §3 (Exh. B)
(part), 2016: Ord. 4950 §8 (Exh. A) (part), 2005)
20.48.200 RENT OF RESIDENTIAL
PARKING.
(a) The rental, lease or other use of parking spaces
for commercial parking purposes within a residential
zone is prohibited.
(b) The rental, lease or other use of parking spaces
associated with a residential use for commercial park-
ing, whether they are required spaces or not, is prohib-
ited. (Ord. 5301 §3 (Exh. B) (part), 2016: Ord. 4950 §8
(Exh. A) (part), 2005)
20.48.220 SATELLITE PARKING.
Off-street parking requirements may be partially or
completely satisfied with the approval of a satellite
parking facility. A satellite parking facility is approved
by site plan review as prescribed in BMC 20.58.080. A
satellite parking facility may be approved, provided:
(a) The parking facility is located within four hun-
dred (400) feet of the property containing the associated
use or building.
(b) The parking facility is not located on property
zoned for low density residential. The Director may
waive the zone restriction for a religious worship facil-
ity, public school or public use if:
(1) The parking facility is located on a lot
abutting the principal use; or
(2) The parking facility is located within one
hundred (100) feet on a lot where a street (public or pri-
vate) or alley would separate it from the principal use.
(c) A notice to title, approved by the City Attorney
and executed by affected parties to set forth clearly the
terms of the parking agreement, shall be recorded with
the County Auditor. A copy of the recorded agreement
shall be submitted to the Department.
(d) The satellite parking facility shall meet the
requirements of this chapter.
(e) A limit on the time of day that the satellite
parking facility is used may be placed as a condition of
its approval if deemed necessary by the Director for the
protection of adjoining areas. (Ord. 5301 §3 (Exh. B)
(part), 2016: Ord. 4950 §8 (Exh. A) (part), 2005)
20.48.240 JOINT USE OF PARKING
FACILITIES.
Joint use parking facilities provide for the sharing
of parking facilities between different uses may be
granted under the following conditions:
(a) The principal building or use shall be located
within a radius of eight hundred (800) feet of the joint
parking facilities.
(b) The principal building or use shall not be sepa-
rated from its parking by an arterial street unless it is
within one (1) block of a signalized intersection.
(c) The applicant shall demonstrate there will be
no substantial conflict between the two (2) uses regard-
ing hours of operation for which joint use of parking
facilities is proposed.
(d) A notice to title, approved by the City Attorney
and executed by affected parties to set forth clearly the
terms of the parking agreement, shall be recorded with
the County Auditor. A copy of the recorded agreement
shall be submitted to the Department.
(e) The right to occupy the primary premises shall
terminate if the joint use parking facilities that are nec-
essary and were approved cease to be available. (Ord.
5301 §3 (Exh. B) (part), 2016: 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. 5301 §3 (Exh. B) (part), 2016:
Ord. 5222 §5, 2013: Ord. 4971 §10, 2006: Ord. 4950 §8
(Exh. A) (part), 2005)
20.48-9 (Revised 7/16)
Bremerton Municipal Code 20.48.260
Figure 20.48(a)
(Ord. 5301 §3 (Exh. B) (part), 2016: 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" 20'0"
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
20.50-1 (Revised 7/16)
Bremerton Municipal Code 20.50.040
Chapter 20.50
LANDSCAPING
Sections:
20.50.010 INTENT.
20.50.020 APPLICABILITY.
20.50.030 EXCEPTIONS.
20.50.040 GENERAL PROVISIONS.
20.50.050 PERFORMANCE STANDARDS.
20.50.060 LANDSCAPING PLAN
SUBMITTAL.
20.50.010 INTENT.
The intent of this chapter is to establish landscaping
standards that contribute to a quality urban environment
by connecting open spaces, maintaining native,
drought-resistant vegetation, replacing nonnative and
invasive species, increasing privacy for residential
areas, providing visual relief of parking lots, providing
habitat for fish and wildlife, retaining significant trees,
and reducing erosion and stormwater runoff while pro-
viding on-site filtration to protect groundwater
resources from pollutants and flooding. (Ord. 5301 §3
(Exh. B) (part), 2016: Ord. 5046 §4 (part), 2008: Ord.
4950 §8 (Exh. A) (part), 2005)
20.50.020 APPLICABILITY.
All new development, including expansion of exist-
ing structures and/or uses, shall be subject to the require-
ments of this chapter. (Ord. 5301 §3 (Exh. B) (part),
2016: Ord. 5046 §4 (part), 2008: Ord. 4950 §8 (Exh. A)
(part), 2005)
20.50.030 EXCEPTIONS.
(a) Landscaping standards do not apply to residen-
tial short subdivisions or developments of single-family
units on individual lots, except that all undeveloped
areas of the property shall be landscaped and continually
maintained or retained in a natural undisturbed state.
(b) The Director may waive or reduce any require-
ment(s) of this chapter in the following cases:
(1) The remodel of an existing building
results in the expansion of floor area that is ten (10) per-
cent or less of the existing floor area;
(2) An expansion of a use that results in no
modifications (except normal maintenance and repair of
the structure) to the outdoor area of the site;
(3) To accommodate required off-street park-
ing spaces. Pervious pavement or other landscaping mit-
igation may be required to accommodate for the loss of
stormwater function.
(c) Parking lots with less than thirty (30) spaces
are exempt from internal landscaping requirements if
they provide at least a five (5) foot width of landscaping
across the frontage and along at least one (1) other prop-
erty line and only one parking lot is located on site.
(Ord. 5301 §3 (Exh. B) (part), 2016: Ord. 5046 §4
(part), 2008: Ord. 4977 §6, 2006; Ord. 4950 §8 (Exh. A)
(part), 2005)
20.50.040 GENERAL PROVISIONS.
(a) Front Yards. All front yard setback areas shall
be landscaped pursuant to the performance standards
per BMC 20.50.050;
(b) Street Trees. Street trees shall be planted along
public and private streets per performance standards in
BMC 20.50.050(a) unless otherwise required by BMC
20.50.050(c). Trees shall be located within the front
yard setback area, or within a public right-of-way if
approved by the City and the property owner arranges
the planting and maintenance of said street trees;
(c) Visual Screening. When any nonresidential
development, as defined by the International Building
Code (which includes three (3) or more units), is pro-
posed on a site that is adjoining the low or medium den-
sity residential zones (R-10 and R-10M), visual
screening shall be provided according to the perfor-
mance standards in BMC 20.50.050(b);
(d) Areas Adjacent to Trails and Open Spaces. All
developments adjacent to publicly used or designated
trails and open spaces in the Comprehensive Plan shall
provide Type I visual screening along the site facing the
trail or open space per the performance standards out-
lined in BMC 20.50.050(b);
(e) Undeveloped Areas. Undeveloped portions of
property not devoted to landscaping shall remain with
existing vegetation, including significant trees, as pro-
vided for in BMC 20.50.050(d), but excluding plants
that can be classified as noxious weeds or as invasive
species;
(f) Alternative Landscaping Plan. The require-
ments of this chapter may be modified to encourage bet-
ter landscaping design as follows:
(1) A request for approval of alternate land-
scaping shall be submitted and accompanied by a land-
scape plan as required above;
(2) An alternative landscaping plan may be
approved, provided a finding by the City of public ben-
efit and that the total area of landscaping shall be equal
to or exceed that created by adherence to the standard
landscaping and buffer requirements;
(g) Guarantee. All landscaping shall be completed
prior to the issuance of a certificate of occupancy (CO),
except that in lieu of installing required landscaping, a
performance assurance device may be provided prior to
the issuance of a CO. The purpose of such a requirement
is to ensure that a landscape plan is carried out when
(Revised 7/16)20.50-2
20.50.050
required by this chapter. The following conditions
apply:
(1) A bond or other acceptable assurance
device shall be in the amount of one hundred twenty-
five (125) percent of the estimated cost required to com-
plete the approved landscaping, in order to guarantee its
installation and the replacement of any plants that die
within two (2) years of the posting of the bond;
(2) If a performance assurance device is pro-
vided, landscaping shall be installed within the next
planting season and no later than one (1) year from the
date of issuance of a CO. If the approved landscape plan
is not carried out, the City shall use the performance
assurance device to complete the landscaping;
(3) A performance assurance device will be
released two (2) years after it is posted if the landscaping
vegetation is in a healthy growing condition;
(h) Maintenance Required. All plant material shall
be maintained in a healthy growing condition free of
weeds, trash or debris through the life and use of the
development. Dead, damaged, diseased, or missing
plant material shall be replanted or replaced as neces-
sary to comply with the approved landscaping plan and
the requirements of the chapter. Maintenance standards
and assurances must be provided in the landscape plan
as described in BMC 20.50.060. (Ord. 5301 §3 (Exh. B)
(part), 2016: Ord. 5046 §4 (part), 2008: Ord. 4950 §8
(Exh. A) (part), 2005)
20.50.050 PERFORMANCE STANDARDS.
Required landscaping shall be provided in the fol-
lowing manner:
(a) General landscaping is intended to provide
visual separation between compatible uses and to soften
the appearance of parking lots and building facades. All
required setback areas, parking lots, and interior land-
scaping areas shall comply with the following:
(1) Street trees are required, one (1) tree for
every twenty-five (25) linear feet of street frontage, and
shall be spaced a maximum distance of thirty-five (35)
feet on center; however, trees may be spaced irregularly
in natural groupings rather than uniformly spaced
except as noted elsewhere in this chapter;
(2) Planting shall include a mix of trees,
shrubs, ground covers, turf grasses or combination
thereof; non-living materials shall not exceed twenty
(20) percent of the landscaped area within two (2) years
of planting;
(3) Each separate landscaped area shall be a
minimum of fifty (50) square feet and shall include at
least one (1) tree in combination with shrubs, ground
cover, or other landscape materials;
(4) Bioswales and permeable pedestrian
access ways connecting landscaped areas are encour-
aged and are included in the calculation of required
landscaping square footage. Low impact development
best management practices performed on site may count
towards required landscaping (tree for tree, and square
footage for square footage);
(5) Interior landscaping shall be dispersed as
equally as possible throughout the site particularly in
parking areas;
(6) Parking lots shall have at least ten (10)
square feet of interior landscaping for each parking
space. Required peripheral trees and required land-
scaped setback areas shall not be included in the interior
landscaping calculations;
(7) For every ten (10) parking stalls one (1)
tree shall be installed within a landscaped area; and
(8) Landscaped areas shall consist of no more
than fifty (50) percent deciduous species.
(b) Visual screening is intended to function as a
year-round full visual barrier between incompatible
uses. Visual screening is required for all commercial
projects adjacent to the low or medium density residen-
tial zones. Visual screening is required as follows:
(1) Type I. Required along the property line(s)
of all nonresidential development proposed on a site that
is adjoining the low or medium density residential zones
(R-10 and R-10M). For purposes of this subsection,
nonresidential development is as defined in the Interna-
tional Building Code (which includes three (3) or more
dwelling units) and not specifically identified in subsec-
tion (b)(2) of this section. A Type I visual screen shall
include the following:
(i) A landscaped area of at least ten (10)
feet wide;
(ii) A mix of evergreen and deciduous
trees, no more than twenty (20) feet apart on center.
Deciduous trees up to twenty-five (25) percent of the
tree requirement are encouraged to add seasonal and
textural variation;
(iii) Shrubs shall be planted between the
trees to provide an effective visual barrier. Shrubs may
be spaced irregularly in natural groupings rather than
uniformly spaced; however, grouped shrubs should be
no more than five (5) feet apart from each other; and
(iv) A sight-obscuring fence, wall,
earthen berm or combination thereof is required adja-
cent to parking areas to ensure headlights do not project
into residential properties. Measures shall be taken to
ensure quality in the visual character of the wall or fence
on the side facing the residential lot.
(2) Type II. Required for all large retail,
motion picture theaters, junk yards, heavy indus-
trial/manufacturing, stadiums, and sports complexes
proposed on a site that is adjoining the low or medium
density residential zones (R-10 and R-10M). Type II
20.50-3 (Revised 7/16)
Bremerton Municipal Code 20.50.050
screening shall be provided along all property lines that
adjoin the low or medium density residential zones
(R-10 and R-10M). A Type II visual screen shall include
the following:
(i) Landscaped area of at least twenty
(20) feet in width;
(ii) A double row of evergreen trees
spaced no more than fifteen (15) feet apart on center
(rows shall be offset and spacing triangulated); existing
mature healthy trees on site are encouraged to be
retained;
(iii) Shrubs shall be planted to enhance the
visual barrier. Shrubs may be spaced irregularly in nat-
ural groupings rather than uniformly spaced; however,
grouped shrubs should be no more than five (5) feet
apart from each other; and
(iv) A sight-obscuring fence, wall,
earthen berm or combination thereof is required adja-
cent to parking areas to ensure headlights do not project
into residential properties. Measures shall be taken to
ensure quality in the visual character of the wall or fence
on the side facing the residential lot.
(c) Centers. Intended to soften the streetscape and
sidewalk areas in a dense urban environment. Projects
within the centers must comply with the provisions set
forth in adopted subarea plans, the provisions of this
chapter, and the following:
(1) Street trees shall be provided within the
front yard setback or in the sidewalk along any facade
facing a major arterial. Any trees located in the City
right-of-way may require additional approval through
the Department of Public Works and Utilities. Trees
shall be spaced no less than three (3) trees per one hun-
dred (100) linear feet of frontage. Trees placed in the
sidewalk should be provided with street grates at the
sidewalk level providing a continuous walking surface
to within six (6) inches of the tree base. Where existing
areaways or vaults prevent this form of planting, trees
shall be planted in planters equipped with irrigation. All
trees shall be of a species which allows pruning of lower
branches in a manner necessary to keep the sidewalk
clear of obstruction to a height of at least eight (8) feet.
Trees shall have a minimum caliper of two and one-half
(2-1/2) inches at the time of planting;
(2) Surface parking lots, if they abut public
sidewalks, shall provide a perimeter landscaping strip
containing a combination of trees (with no fewer than
three (3) trees per one hundred (100) linear feet of front-
age) and shrubs. Masonry walls no lower than fifteen
(15) inches nor higher than thirty (30) inches may be
substituted for shrubs; and
(3) For parking lots containing more than
twenty (20) stalls, at least fifteen (15) percent of the
interior area shall be planted with trees and shrubs. All
trees shall have a minimum caliper of two and one-half
(2-1/2) inches at the time of planting. Pedestrian walk-
ways from adjacent sidewalks shall be provided.
(d) Vegetation Preservation. The retention of
existing and healthy trees and vegetation is important to
help promote the utilization of natural systems, reduce
the impacts of development on the storm drainage sys-
tem and provide a better transition between various land
uses within the City. The following provisions encour-
age vegetation preservation as follows:
(1) To the greatest extent possible existing
healthy significant trees defined below shall be retained
on site. Should a proposal include the removal of all or
portions of a significant tree(s) a qualified arborcultural-
ist or urban forester shall be retained by the applicant to
inventory the tree(s) and make recommendations
regarding the protection, retention, preservation or
removal of the tree(s). A copy of the report and recom-
mendations shall be submitted to the City as part of the
application process.
(2) Existing healthy trees and vegetation may
substitute for newly required landscaping. Credit shall
be granted tree for tree and area for area. In order to pro-
mote the retention of existing significant trees during
site development, each significant tree within the land-
scaped area shall count as three (3) newly required trees.
(3) Credit may be given by the Director at the
time of site plan review for the preservation of signifi-
cant tree(s) in exchange for the loss of a parking space.
(4) Significant trees are defined as follows:
(i) Evergreen Trees. Eight (8) inches in
diameter or greater, measured four (4) feet above exist-
ing grade; and
(ii) Deciduous Trees. Twelve (12) inches
in diameter or greater, measured four (4) feet above
existing grade.
(e) Planting Materials. Plants shall be selected
based upon site-specific conditions which may affect
plant growth such as sun exposure, soil types, shoreline
conditions, adjacent site improvements, etc. New plant
materials shall consist of drought-resistant species, or
other species that are irrigated per the provisions of
BMC 20.50.060(b)(4) or located in high moisture con-
tent soils. Plant material selection shall be consistent
with the list maintained by the American Association of
Nurserymen (AAN). Plant materials shall also be coor-
dinated with utility company requirements to avoid con-
flicts. Unless otherwise specified within this chapter all
required landscaping shall at a minimum meet the fol-
lowing size requirements:
(f) Plant Type and Size. Plants shall be sized
according to the following:
(1) Standard deciduous trees: one and one-
half (1-1/2) inch to two (2) inch caliper.
(Revised 7/16)20.50-4
20.50.060
(2) Small ornamental and flowering trees: one
and one-half (1-1/2) inch to one and three-fourths (1-
3/4) inch caliper.
(3) Evergreen trees: five (5) feet to six (6) feet
in height.
(4) Shrubs: minimum size one (1) gallon con-
tainer.
(5) Ground cover: minimum four (4) inch
container.
(g) Interruptions. Screening and buffering may be
interrupted where necessary for access consistent with
the general provisions of this chapter.
(h) Safety. All fire hydrants are to be free of
fences, hedges, and other landscaping obstacles. Shrubs
eighteen (18) inches in height and less must not be
placed closer than five (5) feet to a hydrant, and shrubs
or trees larger than eighteen (18) inches must not be
planted closer than twenty (20) feet to a hydrant.
(i) Freestanding Signs. An area around the base of
each freestanding sign equal to the sign area must be
landscaped to improve the overall appearance of the
sign and to reduce the risk of automobiles hitting the
sign or supports of the sign. This landscaping must
include vegetation and may include other materials and
components such as brick or concrete bases, planter
boxes, pole covers, or decorative framing.
(j) Outdoor Storage. In addition to any other
requirements, storage yards and garbage dumpsters
shall be surrounded by a six (6) foot high solid wall or
sight-obscuring fence. The wall or fence shall be consid-
ered a structure and shall conform to setbacks which
may be required for building on street frontage. Outdoor
storage of materials shall not exceed six (6) feet in
height when visible from a public right-of-way.
(k) Clear-Vision Triangle. A clear-vision area
shall be maintained at the intersections of streets, alleys
and commercial driveways, or combinations thereof as
determined by the City Engineer with the following
requirements:
(1) A clear-vision area shall contain no plant-
ings, fences, walls, other structures, or visual obstruc-
tions within a vertical area extending from three (3) feet
to eight (8) feet above the ground, measured from the
established centerline of the street, alley or driveway;
(2) The foregoing provision shall not apply to:
(i) A tree trimmed to the trunk within the
three (3) to eight (8) foot clear area;
(ii) Other plant species that are so planted
and trimmed as to leave a clear and unobstructed cross-
view in all seasons;
(iii) A supporting member or appurte-
nance to a permanent building lawfully existing on the
site;
(3) Where the maximum setback conflicts
with the clear-vision triangle, relief from the maximum
setback may be granted thorough a Type I Director deci-
sion. (Ord. 5301 §3 (Exh. B) (part), 2016: Ord. 5046 §4
(part), 2008: Ord. 5008 §6, 2007: Ord. 4971 §11, 2006;
Ord. 4950 §8 (Exh. A) (part), 2005)
20.50.060 LANDSCAPING PLAN
SUBMITTAL.
A landscape plan shall accompany all land use
applications, including permits for clearing, grading,
and building.
(a) A landscape plan shall be drawn to scale and
shall indicate:
(1) Project name, owner’s name, designer’s
name, north arrow, date and scale;
(2) Existing property lines, easements, rights-
of-way, utilities, setbacks, trees, fences, and other
screening and structures;
(3) Existing and proposed grades of at least
five (5) foot intervals;
(4) Proposed plantings, identified by scien-
tific or common name, and caliper, size, and minimum
height of specimens to be planted.
(b) A landscape plan shall provide assurances for
the following:
(1) Landscape areas consisting of drought-
resistant vegetation will not require temporary or per-
manent irrigation systems;
(2) Areas where existing site conditions
assure adequate soil moisture for growth within the
required landscape area shall have temporary irrigation
systems only as required to sustain new plantings;
(3) Except for areas of undisturbed existing
vegetation, all landscape areas that do not have high soil
moisture conditions shall have temporary or permanent
irrigation systems. Temporary systems may be removed
after twenty-four (24) months or two (2) growing sea-
sons, whichever occurs first; provided, that the plantings
are established;
(4) Permanent irrigation systems located
within required landscape areas shall include the follow-
ing features:
(i) Moisture or precipitation sensors;
(ii) Automatic timers set for operation to
assure adequate moisture levels;
(iii) Head-to-head spacing, if sprinkler
heads are proposed;
(iv) Pressure-regulating devices;
(v) Backflow prevention devices;
(vi) Separate irrigation zones for grass
and planting beds;
(vii)Other provisions applicable to state
and City codes;
(5) Irrigation water shall be applied with
demonstrated consideration for avoiding runoff, low
20.50-5 (Revised 7/16)
Bremerton Municipal Code 20.50.060
head drainage, overspray, or other similar conditions
where water flows onto adjacent property, nonirrigated
areas, and impervious surfaces;
(6) All landscaping shall be maintained in
healthy growing condition for the life of the project;
(7) All plant material shall be managed by
pruning so that plant growth does not conflict with pub-
lic utilities, restrict pedestrian or vehicular access, or
create a traffic hazard. (Ord. 5301 §3 (Exh. B) (part),
2016: Ord. 5046 §4 (part), 2008: Ord. 4950 §8 (Exh. A)
(part), 2005)
20.52-1 (Revised 7/16)
Bremerton Municipal Code 20.52.040
Chapter 20.52
SIGN STANDARDS
Sections:
20.52.010 INTENT.
20.52.020 APPLICABILITY.
20.52.030 SIGN PERMIT.
20.52.040 EXEMPT SIGNS.
20.52.050 PROHIBITED SIGNS.
20.52.060 SIGN MEASUREMENTS.
20.52.070 SIGN PLACEMENT
REQUIREMENTS.
20.52.080 TEMPORARY SIGNS.
20.52.085 POLITICAL SIGNS.
20.52.090 GENERAL SIGN
REGULATIONS.
20.52.100 COMMERCIAL DISTRICTS
SIGN REGULATIONS.
20.52.110 AUTO DEALERSHIP SIGN
REGULATIONS.
20.52.120 RESIDENTIAL DISTRICT SIGN
REGULATIONS.
20.52.130 SPECIAL PURPOSE SIGN
REGULATIONS.
20.52.140 DOWNTOWN AND CENTERS
SIGN REGULATIONS.
20.52.150 VARIATIONS TO SIGN
REGULATIONS.
20.52.160 PORTABLE SIGNS.
20.52.180 NONCONFORMING SIGNS.
20.52.190 GOVERNMENT ACQUISITION
OF PROPERTY FOR RIGHT-
OF-WAY.
20.52.200 REMOVAL OF SIGNS.
20.52.010 INTENT.
The intent of the sign requirements chapter is to rec-
ognize the importance of signs in the community and
establish regulations to protect the public from damage
or injury attributable to distractions and obstructions
caused by poorly designed or improperly located signs.
These regulations are also intended, in part, to stabilize
or enhance the overall appearance of the community,
and to protect property values. This chapter is intended
to regulate the number, size, placement and physical
characteristics of signs and sign structures. These regu-
lations are not intended to and do not restrict, limit or
control the content of any sign message. (Ord. 5301 §3
(Exh. B) (part), 2016: Ord. 4950 §8 (Exh. A) (part),
2005)
20.52.020 APPLICABILITY.
These regulations shall apply in all zoning districts
and may be subject to additional requirements of certain
districts, or to state regulations. In cases of conflict, the
most stringent requirement shall prevail. (Ord. 5301 §3
(Exh. B) (part), 2016: Ord. 4950 §8 (Exh. A) (part),
2005)
20.52.030 SIGN PERMIT.
(a) Permit Required. No sign shall be placed,
erected, or displayed without first obtaining a sign per-
mit unless exempt under BMC 20.52.040.
(b) Removal of Nonconforming Signs. A property
containing a nonconforming sign shall not be allowed a
new or additional sign on the property until the noncon-
forming sign is removed or brought into conformance
with the requirements of this chapter and the underlying
zone.
(c) Permit Application. An application for a sign
permit shall include the following:
(1) Signature of the property owner or their
designated agent;
(2) Site plan drawn to scale showing existing
buildings, streets, freestanding and building signs, util-
ity poles, and other structures within fifty (50) feet of the
proposed sign;
(3) Elevation drawings of the structural
details of the proposed sign including dimensions,
height, illumination methods and structure supports; and
(4) Landscaping plan showing planting mate-
rials and patterns. (Ord. 5301 §3 (Exh. B) (part), 2016:
Ord. 4950 §8 (Exh. A) (part), 2005)
20.52.040 EXEMPT SIGNS.
The following signs are exempt from the provisions
of this chapter, but may be subject to other provisions of
the zoning code or building code:
(a) Traffic signs, signals, wayfinding signs, and
other traffic control devices erected by the City or other
public authority.
(b) Public notices pertaining to public health or
safety issues, or for notification of legal or legislative
action erected by the City or other public authority, of a
temporary nature.
(c) Permanent plaques, cornerstones, nameplates,
and other building identification markings attached to or
carved into the building materials and which are integral
parts of the structure.
(d) Signs within buildings, provided they do not
include moving, flashing or animated signs that are vis-
ible from any private or public roadway, or from adja-
cent properties.
(e) Legal nonconforming signs.
(f) Incidental signs intended for public informa-
tion or convenience and which consist of no more than
(Revised 7/16)20.52-2
20.52.050
ten (10) square feet for a combination of such signs.
These may include restroom signs, hours of operation
signs, address numbers, help wanted, credit card signs,
and similar.
(g) The American flag, State of Washington flag,
and other political or special purpose flags that are not
intended to contribute to a commercial advertising dis-
play.
(h) Wall graphics of an artistic nature and that do
not conform to the definition of "sign."
(i) Public information/identification approved
through a conditional use permit process pursuant to
BMC 20.58.020.
(j) Real estate signs for sale of single-family
dwelling units.
(k) Temporary construction and on-site real estate
development marketing signs, provided they are
removed prior to occupancy approval of the building.
(l) Political signs meeting the provisions in BMC
20.52.090.
(m) Signs not readable from public or private right-
of-way or waterway.
(n) Signs intended for general public information,
such as bulletin board/kiosk, that accommodates
changeable copy such as private or public notices, spe-
cial event information, and other short-term messages,
at a scale suitable for pedestrians and not intended to be
read by passing motorists, and not for commercial
advertising purposes. (Ord. 5301 §3 (Exh. B) (part),
2016: Ord. 5263 §3 (part), 2014: Ord. 4950 §8 (Exh. A)
(part), 2005)
20.52.050 PROHIBITED SIGNS.
The following signs are prohibited within the City
limits of Bremerton and shall be subject to removal
through amortization or other means:
(a) Strobe lights or any other flashing, moving,
video or animated features that are visible beyond any
property line. Readerboard or message center signs that
change copy no more frequently than at two (2) second
intervals are exempt from this provision.
(b) Pole signs in all zones except the freeway cor-
ridor (FC) zone and the industrial (I) zone.
(c) Private signs placed within a public right-of-
way, except a projecting sign may be permitted over a
sidewalk if a clearance of at least eight (8) feet is main-
tained between the sidewalk and the bottom of the sign.
(d) Any sign that is determined by the City Engi-
neer to be a hazard to public safety due to its design,
materials, physical condition, or placement.
(e) Signs painted, attached to, or otherwise sup-
ported by rock formations, utility poles, trees or other
plant materials.
(f) Bench signs, when installed within the public
right-of-way. When on private property, the size of a
bench sign will be counted toward the total allowable
sign area.
(g) Portable signs within the public right-of-way
except portable signs per BMC 20.52.160.
(h) Off-premises signs including billboards, but
not including co-op signs or portable signs where per-
mitted. (Ord. 5301 §3 (Exh. B) (part), 2016: Ord. 5263
§3 (part), 2014: Ord. 5249 §6, 2014: Ord. 4950 §8 (Exh.
A) (part), 2005)
20.52.060 SIGN MEASUREMENTS.
(a) The area of sign faces shall be measured as the
area bounded by any six (6) straight lines intersecting at
right angles, and shall include any surrounding frames
or cabinet edges.
(b) Sign area does not include supports, founda-
tions or structures that are not part of the sign.
(c) Only one (1) side of a double-faced sign is
counted in the sign’s total area.
(d) Multiple copy signs or shopping center signs
consisting of several individual signs on the same sup-
port structures are calculated as the total of all individual
sign components.
(e) A round or cylindrical sign is calculated as the
maximum area that can be seen at one (1) time from one
(1) position, or fifty (50) percent of the total area, which-
ever is greater.
(f) The height of a sign is measured from grade, as
defined, to the highest point of the sign.
(g) Sign clearances are measured from grade
directly below the sign to the bottom of the sign or sign
frame.
(h) Street corner signs (at an intersection) shall be
assigned to one (1) of the frontages by the applicant and
shall conform to the requirements of that frontage only.
(i) Portable signs shall be calculated as part of the
total freestanding sign area available to the site. (Ord.
5301 §3 (Exh. B) (part), 2016: Ord. 5263 §3 (part),
2014: Ord. 4950 §8 (Exh. A) (part), 2005)
20.52.070 SIGN PLACEMENT
REQUIREMENTS.
(a) All signs, including supporting structures, shall
be erected or placed totally within the boundaries of the
site and not within any public right-of-way, except for
the following:
(1) Public authority and other traffic-related
signs;
(2) Temporary banner signs advertising a
public event, which meet City approval;
(3) Approved signs overhanging public walk-
ways; and
(4) Approved portable signs per BMC
20.52.160.
20.52-3 (Revised 7/16)
Bremerton Municipal Code 20.52.090
(b) Intersections Standard. A vision clearance set-
back shall be maintained of at least fifteen (15) feet from
the edge of all private and public roadways, alleys and
driveway intersections.
(c) General Road Standard. A vision clearance set-
back shall be maintained of at least ten (10) feet from the
edge of existing or planned roadways. Signs may be
allowed within the clear-vision setback if:
(1) A pole sign is allowed by the zone;
(2) The top of the sign is three (3) feet or less
above the grade;
(3) The bottom of the sign is eight (8) feet or
greater above the grade; or
(4) The posts and support structure have a
diameter no greater than twelve (12) inches within this
area.
(d) A pedestrian clearance is required for any pro-
jecting sign (8) feet above grade or sidewalk as mea-
sured to the bottom of the sign.
(e) A projecting sign may extend over a public
right-of-way or public pedestrian walkway up to six (6)
feet past the property line, but in no case shall the sign
extend over a street or other area used by motor vehicles.
(f) The setbacks for freestanding signs may be
reduced to zero (0), provided the applicant provide jus-
tification and documented proof that the sign’s place-
ment will not hinder vision clearance for existing and
future development on the site.
(g) Freestanding signs shall not extend beyond
property lines. (Ord. 5301 §3 (Exh. B) (part), 2016: Ord.
5249 §7, 2014: Ord. 5046 §5, 2008; Ord. 4950 §8 (Exh.
A) (part), 2005)
20.52.080 TEMPORARY SIGNS.
All temporary signs are subject to the placement,
size, and height requirements of this chapter, and the
requirements set forth in the underlying zone. Addition-
ally, the following requirements shall apply:
(a) The sign area of individual temporary signs
shall not exceed thirty-two (32) square feet; except a
banner may be permitted with a sign area of up to one
hundred (100) square feet.
(b) The maximum height of a temporary sign is six
(6) feet, except a banner may be allowed a maximum
height of twenty (20) feet.
(c) Signs may be displayed for a period not to
exceed sixty (60) days. Any time a temporary sign is
removed by a business, it shall not be replaced by the
same or other temporary sign for a period of not less
than ninety (90) consecutive days.
(d) Temporary signs meeting the following stan-
dards are exempt from the requirements of BMC
20.52.030 and BMC 20.52.090 through 20.52.140:
(1) The sign is displayed for a period of seven
(7) days or less;
(2) The area of the sign is twenty-four (24)
square feet or less; and
(3) The height of the sign is six (6) feet or less.
(e) Temporary signs shall not be permanently
attached to the ground, a building, or to any other struc-
ture, other than what is necessary to secure it to prevent
theft, wind damage or safety problems.
(f) Advertising wind signs or devices that flutter,
wave, sparkle, or otherwise move from the pressure of
the wind are permitted for specific promotions or events
but shall not be permanently displayed. (Ord. 5301 §3
(Exh. B) (part), 2016: Ord. 4950 §8 (Exh. A) (part),
2005)
20.52.085 POLITICAL SIGNS.
Political signs identify candidates or issues in
upcoming elections and/or they may express noncom-
mercial speech such as religious, political, social, or
other philosophical messages. The content of such signs
are not regulated, but are subject to the following
requirements:
(a) The sign area of political signs shall not exceed
thirty-two (32) square feet.
(b) The maximum height of a political sign shall
be six (6) feet.
(c) Political signs advertising a candidate or issue
in an upcoming election shall be removed within four-
teen (14) days after the general election.
(d) Political signs that do not comply with the
requirements of this section shall be subject to the per-
mit requirements, sign area, setback and other provi-
sions of this chapter. (Ord. 5301 §3 (Exh. B) (part),
2016: Ord. 4950 §8 (Exh. A) (part), 2005)
20.52.090 GENERAL SIGN REGULATIONS.
The following regulations apply to signs in all zone
districts:
(a) Vision Clearance. Signs shall conform to the
clearance requirements of BMC 20.52.060.
(b) Extension Above Rooftop. No sign that is
attached to a building shall extend above the highest
point of the roof, except for commercial and center
zones, up to fifty (50) percent of the area of a wall sign
that is integrated into an architectural facade design ele-
ment to define the primary entry to the premises may
project above the parapet of a flat roof; provided, that all
components of the sign are only visible to public view
on the primary entry side of the building.
(c) Window Signs. Signs placed on the inside of
windows and directed toward the outside of a building
shall be included in the total sign area calculations.
(d) Canopies and Awnings. Signs placed on pro-
jecting canopies and awnings, whether lighted or not,
shall be calculated only for the area of the canopy or
awning taken up by the sign itself.
(Revised 7/16)20.52-4
20.52.100
(e) Landscaping. All freestanding signs shall have
a landscaped island at the base of the sign equal to, or
greater than, the sign area. (Ord. 5301 §3 (Exh. B)
(part), 2016: Ord. 4971 §12, 2006; Ord. 4950 §8 (Exh.
A) (part), 2005)
20.52.100 COMMERCIAL DISTRICTS SIGN
REGULATIONS.
The following standards shall apply to signs placed
on property zoned commercial:
(a) Freestanding Signs.
(1) No use or combination of uses on a single
lot or building shall have more than one (1) freestanding
sign per street frontage, with the following exceptions:
(i) Parcels with five hundred (500) feet
of continuous frontage may have one (1) additional sign.
(ii) Co-Op Signs. See subsection (d) of
this section.
(2) Maximum Height and Design. Freestand-
ing signs shall comply with the height and design
requirements set forth in Figure 20.52(a).
(b) Building Signs.
(1) Commercial Uses. The building sign stan-
dards shall be in accordance with the following:
(i) Sign Area. Signs attached to a build-
ing may have an aggregated area that shall not exceed
two (2) square feet for each one (1) lineal foot of build-
ing facade width.
(ii) Maximum Sign Size. A building sign
attached individually shall not exceed one hundred
(100) square feet in area, except it may exceed the max-
imum if the total sign area is less than ten (10) percent
of the total building facade area of the side with the sign-
age.
(2) Industrial Uses. The building sign stan-
dards for industrial uses and other uses not engaged in
the sale of goods or services to the public shall be in
accordance with the following:
(i) Sign Area. The maximum aggregated
area for all building signs attached to a single building
shall be one hundred (100) square feet.
(3) Number of Signs. There is no limit to the
number of individual building signs, provided the max-
imum aggregated sign area is not exceeded.
(4) Illumination. Signs may be illuminated
directly, indirectly, or internally, provided the lighting is
directed away from other land uses, and away from
oncoming traffic.
(c) Shopping Center or Professional Complex. A
shopping center, professional office complex, or similar
large multiple-occupancy development may have an
identification sign to a maximum size of three hundred
(300) square feet placed along one (1) street frontage,
provided the parcel has an area of at least eight (8) acres,
and the sign is no closer than one hundred (100) feet
from an adjacent property on the same side of the street.
(d) Co-Op Signs. A co-op sign is intended to per-
mit businesses that do not have street frontages on Kit-
sap Way or Wheaton Way a reasonable opportunity to
advertise. A co-op sign transfers the right to place a free-
standing sign from the nonfronting parcel to the parcel
with street frontage on Kitsap Way or Wheaton Way.
Co-op signs may be permitted in the following circum-
stances:
(1) The parcel fronting Wheaton Way or Kit-
sap Way shall have at least one hundred (100) feet of
continuous street frontage on Wheaton Way or Kitsap
Way; and
(2) The parcels (fronting and nonfronting)
must share a property line; and
(3) The nonfronting business shall not have a
property line fronting Wheaton Way or Kitsap Way; and
(4) A parcel fronting Kitsap Way or Wheaton
Way shall be permitted one co-op sign, not to exceed
one hundred (100) square feet; however, the co-op sign
may contain signage for more than one (1) nonfronting
business; and
(5) In the event that the fronting and nonfront-
ing parcel(s) elect to share a single freestanding sign, a
twenty-five (25) percent bonus in square footage is per-
mitted, provided:
(i) The shared sign is the only permitted
freestanding sign on the fronting and nonfronting par-
cels, except as provided in subsection (d)(7)(i) of this
section.
(ii) The sign does not exceed the fifteen
(15) foot maximum height.
(6) The nonfronting parcel is limited to one
(1) co-op sign on Kitsap Way or Wheaton Way; and
(7) The nonfronting parcel will transfer the
right to develop a freestanding sign on the nonfronting
parcel to the parcel fronting Kitsap Way or Wheaton
Way;
(i) The nonfronting parcel may place a
directional sign at each entrance, not to exceed ten (10)
square feet in size.
(8) The owners of both the fronting parcel and
the nonfronting parcel shall record a "Notice to Title"
prepared by the Department recognizing the presence of
a co-op sign with the Kitsap County Auditor when
required by the Department. The notice shall be nota-
rized and the applicant must submit proof that the notice
has been legally recorded before the sign permit is
issued. (Ord. 5301 §3 (Exh. B) (part), 2016: Ord. 5263
§3 (part), 2014: Ord. 4950 §8 (Exh. A) (part), 2005)
20.52-5 (Revised 7/16)
Bremerton Municipal Code 20.52.130
20.52.110 AUTO DEALERSHIP SIGN
REGULATIONS.
This section applies within the freeway commercial
zone designation.
(a) No provisions under this section shall be inter-
preted to preclude other provisions of this chapter that
are applicable to a given property or proposal.
(b) In addition to the other standards prescribed in
this chapter, a dealership group may erect one (1) auto-
mobile dealership district sign subject to the following
requirements:
(1) A dealership group is two (2) or more
franchises under common ownership;
(2) The automobile dealership district sign
shall be limited to identifying the dealership group and
the brands of vehicles sold in the group;
(3) The total area of the sign shall not exceed
fifty (50) square feet for each dealer franchise in the
group (example: a dealership group with two (2) dealer
franchises would be allowed an automobile dealership
district sign of up to one hundred (100) square feet);
(4) The maximum total sign area in no case
shall exceed one hundred fifty (150) square feet if the
sign is a pole sign, or two hundred (200) square feet if it
is a monument sign;
(5) The square footage of the sign shall be
deducted from the total aggregated signage allotted to
the parcel on which the sign is placed;
(6) The sign can only front on a City arterial
street;
(7) A master signage plan is required to be
submitted prior to issuance of the sign permit showing
the location and area of all signage of all the dealerships
within the dealership group. (Ord. 5301 §3 (Exh. B)
(part), 2016: Ord. 4950 §8 (Exh. A) (part), 2005)
20.52.120 RESIDENTIAL DISTRICT SIGN
REGULATIONS.
The following regulations apply to properties in
residential zones:
(a) Freestanding Signs.
(1) Entrance Signs. One (1) freestanding sign
may be permitted at each street entrance to a neighbor-
hood, subdivision, manufactured park, apartment/con-
dominium complex, or other homogeneous residential
area, provided:
(i) The sign specifically identifies the
development only;
(ii) The sign area is fifty (50) square feet
or less.
(2) Multiple-Family Developments. A resi-
dential development having four (4) or more dwelling
units may have one (1) permanent freestanding sign per
street frontage, provided the total sign area does not
exceed four (4) square feet.
(3) Individual Properties. Each residential
property may have one (1) freestanding permanent sign
that shall not exceed two (2) square feet in sign area.
(4) Height. Freestanding signs shall have a
maximum height of six (6) feet as measured from grade
directly below the sign to the highest point on the sign
or its support structure.
(b) Building Signs.
(1) The freestanding sign limitations pre-
scribed in subsections (a)(1) through (3) of this section
may be applied to building signs in lieu of freestanding
signs.
(c) Resident name plaques and address numbers
shall not be included in total sign area calculations, but
shall be limited to a size and character of other such
signs in the immediate neighborhood.
(d) Advertising wind signs or devices that flutter,
wave, revolve, or sparkle, or are otherwise moved by the
wind are prohibited. (Ord. 5301 §3 (Exh. B) (part),
2016: Ord. 4950 §8 (Exh. A) (part), 2005)
20.52.130 SPECIAL PURPOSE SIGN
REGULATIONS.
When a sign that is not otherwise regulated by this
title is located in a residential zone, the special purpose
sign regulations shall apply. Specifically, special pur-
pose signs are signs located in a residential zone that are
for either (1) commercial uses, such as an adaptive
reuse, or legally established nonconforming commercial
use, or (2) noncommercial signs such as signs for
churches, schools and parks. The following shall apply:
(a) Freestanding Signs.
(1) Sign Area. The maximum area of a free-
standing sign shall be limited to fifty (50) square feet.
(2) Number of Signs. Only one (1) freestand-
ing sign is allowed per each street frontage.
(3) Height. The height of a freestanding sign
shall not exceed six (6) feet.
(b) Building Signs.
(1) Sign Area. The aggregate area of all build-
ing signs, projecting signs, and other signs attached to
buildings shall not exceed one hundred (100) square
feet.
(2) Number of Signs. There is no limit to the
number of individual building signs, provided the max-
imum aggregated sign area is maintained.
(c) Illumination. When located within a residential
zone, the sign shall not be illuminated between the hours
of 10:00 p.m. and 7:00 a.m. (Ord. 5301 §3 (Exh. B)
(part), 2016: Ord. 5249 §8, 2014: Ord. 4971 §13, 2006:
Ord. 4950 §8 (Exh. A) (part), 2005)
(Revised 7/16)20.52-6
20.52.140
20.52.140 DOWNTOWN AND CENTERS
SIGN REGULATIONS.
The following standards shall apply to signs located
in a center:
(a) Freestanding Signs.
(1) Sign Area. The requirements prescribed in
BMC 20.52.100(a)(1) shall apply, except wide parcels
shall be limited to only one (1) freestanding sign not to
exceed one hundred (100) square feet.
(2) Spacing. Freestanding signs shall be no
closer than twenty-five (25) feet from adjacent proper-
ties, except this may be modified by the Director where
such factors as the width of the lot or the driveway
access makes compliance impossible.
(3) Maximum Height and Design. Freestand-
ing signs shall comply with the height and design
requirements set forth in Figure 20.52(a).
(b) Building Signs. The requirements prescribed
in BMC 20.52.100(b) shall apply.
(c) Moving, flashing, or animated signs are pro-
hibited in downtown and centers zones. (Ord. 5301 §3
(Exh. B) (part), 2016: Ord. 4950 §8 (Exh. A) (part),
2005)
20.52.150 VARIATIONS TO SIGN
REGULATIONS.
(a) The Director shall have the authority to grant
administrative approval for minor adjustments to sign
heights, numbers of signs, sign placement, and sign size,
provided:
(1) The adjustments do not exceed ten (10)
percent of the basic requirement; and
(2) The adjustment is based on a hardship or
problem with the site, existing building placements, or
poor site visibility, and not based on economic factors or
personal design preference.
(b) A request for adjustments beyond ten (10) per-
cent shall be processed as a variance pursuant to BMC
20.58.030. (Ord. 5301 §3 (Exh. B) (part), 2016: Ord.
4950 §8 (Exh. A) (part), 2005)
20.52.160 PORTABLE SIGNS.
Portable signs may be placed on sidewalks or por-
tions of the pedestrian public right-of-way subject to the
following conditions:
(a) A minimum four (4) feet of unobstructed side-
walk or pedestrian path must be maintained. A portable
sign shall not be allowed on sidewalks with less than
four (4) feet in width.
(b) Portable signs may not be placed in the driving
lanes of a public street or in parking stalls on the public
right-of-way.
(c) One (1) portable sign is allowed for any
licensed business. The sign must be displayed immedi-
ately adjacent to the main entrance of the business
employing the sign.
(d) Portable signs shall not exceed thirty-two (32)
inches in width or thirty-six (36) inches in height as dis-
played.
(e) Portable signs shall be professionally lettered,
neatly painted or assembled, and remain in good repair.
(f) Portable signs shall be constructed to avoid
being blown from their intended location and to avoid
tipping or falling.
(g) Portable signs shall not be internally lit, not
have moving parts, nor shall any attachment or portion
of the sign extend beyond the thirty-two (32) by thirty-
six (36) inch maximum dimensions established in sub-
section (d) of this section.
(h) Portable signs shall be displayed during day-
light hours only and shall be removed by the business
owner immediately after dusk each day.
(i) Any site landscaping required by the City shall
not be altered to accommodate a portable sign.
(j) Portable signs shall not block intersections or
otherwise constitute a public safety hazard.
(k) Pursuant to Chapter 47.42 RCW and Chapter
468-66 WAC, placement of portable signs on the public
right-of-way of SR 3, SR 303, SR 304, and SR 310 is
prohibited.
(l) Placement of portable signs on the public right-
of-way in violation of this section will result in immedi-
ate removal of the sign from the public right-of-way by
City personnel. (Ord. 5301 §3 (Exh. B) (part), 2016:
Ord. 5249 §9, 2014: Ord. 4950 §8 (Exh. A) (part), 2005)
20.52.180 NONCONFORMING SIGNS.
(a) Applicability. This section applies to the main-
tenance, repair, as appropriate, and removal of noncon-
forming signs. "Nonconforming sign" means a sign that
was legally established, but no longer conforms to the
current sign standards of this title.
(b) Maintenance and Repair of Off-Premises
Signs. Any nonconforming off-premises sign shall
immediately lose its legal nonconforming designation,
and be removed or brought into conformity with the pro-
visions of this chapter, when one (1) or more of the fol-
lowing events occur:
(1) Alterations to Sign.
(i) Any structural alteration to an off-
premises sign shall result in the loss of its nonconform-
ing status. This does not include replacing the sign’s
message or painting.
(ii) In no case shall an off-premises sign
be permitted to be expanded or enlarged. Adding elec-
tronic components that move, flash, or change copy is
not permitted.
(c) Maintenance and Repair of On-Premises
Signs. Any nonconforming on-premises sign shall
20.52-7 (Revised 7/16)
Bremerton Municipal Code 20.52.200
immediately lose its legal nonconforming designation,
and be removed or brought into conformity with the pro-
visions of this chapter, when one (1) or more of the fol-
lowing events occur:
(1) Alterations to Sign.
(i) If alterations are made to the sign that
exceed twenty-five (25) percent of the replacement cost
of the sign, it shall lose its nonconforming status; or
(ii) For freestanding signs, refacing the
sign with a new message is permitted; however, if the
cabinetry housing the sign is removed, or is intended to
be replaced, the sign shall lose its nonconforming status;
or
(iii) In no case shall an on-premises sign
be permitted to be expanded or enlarged.
(2) Alteration to Associated Business or Site.
Should a business with a nonconforming sign undergo
remodel or site improvements, unless the structure was
damaged by fire or other casualty not intentionally
caused by the owner and/or tenant and a permit is
applied for within one (1) year of such fire or casualty,
the sign shall lose its nonconforming status under any of
the following circumstances:
(i) The on-site renovation, construction,
or other site improvements exceed seventy-five (75)
percent of the assessed improvement value of the site; or
(ii) On-site construction/improvements
costs exceed fifty thousand dollars ($50,000). (Ord.
5301 §3 (Exh. B) (part), 2016: Ord. 5263 §3 (part),
2014: Ord. 5249 §11, 2014: Ord. 4950 §8 (Exh. A)
(part), 2005)
20.52.190 GOVERNMENT ACQUISITION OF
PROPERTY FOR RIGHT-OF-WAY.
(a) A sign that becomes nonconforming with
respect to its setback from the edge of a public right-of-
way as a result of a local, state, or federal government
acquisition of property for right-of-way expansion shall
be characterized as a legal nonconforming sign and shall
be allowed subject to the requirements of this section.
(b) The City may allow, by a Type II permit as pre-
scribed in Chapter 20.02 BMC, the placement of a new
sign or relocation of an existing sign within a required
setback if it meets all of the following criteria:
(1) The enforcement of this code would result
in substantial hardship to the applicant because no feasi-
ble location exists to place a sign on the subject property
other than in a required setback, and such hardship was
created solely by local, state, or federal government
acquisition of property for right-of-way expansion and
not by any action of the applicant.
(2) The sign is not prohibited by BMC
20.52.050 and, except for location within a required set-
back, complies with all other requirements of this chap-
ter.
(3) The sign complies with the City’s mini-
mum sight distance at intersection requirements pursu-
ant to BMC 20.52.070.
(4) Location of the sign within a required set-
back is otherwise consistent with the public health,
safety, and welfare. (Ord. 5301 §3 (Exh. B) (part), 2016:
Ord. 4950 §8 (Exh. A) (part), 2005)
20.52.200 REMOVAL OF SIGNS.
The sign user, owner and/or owner of the property
on which an abandoned, dangerous, defective, illegal, or
prohibited sign is located shall remove or cause to be
removed any such sign as required in this chapter. Fail-
ure to comply shall subject the sign user, owner and/or
owner of the property on which the sign located to the
remedies and penalties of BMC 20.40.200. (Ord. 5301
§3 (Exh. B) (part), 2016: Ord. 4950 §8 (Exh. A) (part),
2005)
Figure 20.52(a)
Freestanding Signs: Zone-Specific Size and Design Requirements
Commercial Zones Freestanding Sign Type Max. Height Max. Size
1,3,4
General Commercial (GC) Monument only 8' 60 sq. ft.
Neighborhood Business (NB) Monument only 6' 60 sq. ft.
Freeway Corridor (FC) Any 35' 100 sq. ft.
2
Industrial (I) Any 25' -
Institutional (INST) Monument only 8' 60 sq. ft.
Downtown and Centers Zones Freestanding Sign Type Max. Height Max. Size
District Center Core (DCC) Monument only 8' 60 sq. ft.
Downtown Core (DC) Monument only 8' 60 sq. ft.
Downtown Waterfront (DW) Monument only 8' 60 sq. ft.
(Revised 7/16)20.52-8
20.52.200
1. Larger signs for shopping centers or office complexes are allowable per BMC 20.52.100(c).
2. Larger signs for auto dealerships are allowed per BMC 20.52.110.
3. Freestanding sign size for special purpose zones not listed in this table is subject to the requirements of BMC 20.52.130.
4. Freestanding signs fronting Wheaton Way and Kitsap Way may increase the maximum height to fifteen (15) feet, and maximum area to one hun-
dred (100) square feet per BMC 20.52.100(d), which is a permissible departure from the requirements listed in Figure 20.52(a).
(Ord. 5301 §3 (Exh. B) (part), 2016: Ord. 5263 §3 (part), 2014: Ord. 5249 §12, 2014; Ord. 5046 §6, 2008; Ord. 4977 §7,
2006; Ord. 4950 §8 (Exh. A) (part), 2005)
Business Core (BC) Monument only 8' 60 sq. ft.
Employment Center (EC) Monument only 8' 60 sq. ft.
Figure 20.52(a)
Freestanding Signs: Zone-Specific Size and Design Requirements (Continued)
20.54-1 (Revised 7/16)
Bremerton Municipal Code 20.54.040
Chapter 20.54
NONCONFORMING PROVISIONS
Sections:
20.54.010 INTENT.
20.54.020 ESTABLISHMENT OF A
LEGAL NONCONFORMITY
AND APPLICABILITY.
20.54.030 ANNEXATION.
20.54.040 DEFINITIONS.
20.54.050 NONCONFORMING LOTS.
20.54.060 NONCONFORMING USES.
20.54.070 NONCONFORMING
STRUCTURES.
20.54.080 NONCONFORMING
LANDSCAPING.
20.54.090 CONDITIONAL
NONCONFORMING USES.
20.54.100 NONCONFORMING SIGNS.
20.54.110 UNLAWFUL USES,
STRUCTURES, AND LOTS.
20.54.010 INTENT.
(a) Within the zones established by BMC Title 20
and amendments thereto, there exist lots, structures,
uses of land and structures which were lawful at the time
of their establishment but are prohibited, regulated, or
restricted under the existing zone requirements. These
nonconformities are declared incompatible with the
zone because they do not conform to the requirements of
the zone in which they are located.
(b) To avoid undue hardship, nothing in this chap-
ter shall be deemed to require a change in the plans, con-
struction or designated use of any building or site legally
established. The intent of this chapter is to set forth the
conditions under which these nonconformities may con-
tinue to exist until such time they are discontinued as
prescribed by law. (Ord. 4950 §8 (Exh. A) (part), 2005)
20.54.020 ESTABLISHMENT OF A LEGAL
NONCONFORMITY AND
APPLICABILITY.
(a) A party asserting the existence of a lawfully
established nonconforming lot, use or structure has the
burden of proof that the lot, use or structure was not sub-
standard in meeting the requirements of the zone which
were in effect at its creation.
(b) The rules of this chapter are applied by first
reviewing which provisions are applicable to the non-
conformity. (Does the nonconformity involve a lot, use,
structure or a combination?) When a combination of
nonconforming lot, structure or use exists, each segment
of the nonconformity is reviewed independent of the
others. Example: a legally established single-family
dwelling not allowed in the zone and not meeting set-
back requirements would be allowed to rebuild from
substantial destruction (BMC 20.54.060(e)(1)), but the
new structure would have to comply with the current
setback requirements (BMC 20.54.070(c)). (Ord. 4950
§8 (Exh. A) (part), 2005)
20.54.030 ANNEXATION.
Lots, structures, uses of land and structures that
were legally in existence prior to annexation to the City,
but that do not conform to the requirements of the zone
in which they are located following the date of annex-
ation, shall become a legal nonconformity subject to the
requirements of this chapter. (Ord. 4950 §8 (Exh. A)
(part), 2005)
20.54.040 DEFINITIONS.
The following definitions are applicable to this
chapter:
(a) Nonconforming Lots. A lot that does not meet
the lot area, width, street frontage, or other requirements
of the zone in which it is located, but was lawfully cre-
ated prior to the effective date of the zone or subsequent
amendments thereto.
(b) Nonconforming Use. Any activity, develop-
ment or condition that by the zone in which it is located
is not permitted outright or as an accessory use, or is not
permitted by a conditional use permit or other special
permitting process; but was lawfully created prior to the
effective date of the zone or subsequent amendments
thereto and was continually maintained as defined in
this chapter. A nonconforming use may or may not
involve buildings or structures and may involve part of
or all of a building or property.
(c) Nonconforming Structure. A building or struc-
ture that does not comply with the required setbacks,
height, lot coverage and other development require-
ments of the zone in which it is located, but was lawfully
constructed prior to the effective date of the zone or sub-
sequent amendments thereto and was continually main-
tained as defined in this chapter. This term does not
apply to any substandard condition that was legally
granted a variance.
(d) Substantial Destruction. For the purpose of this
chapter, "substantial destruction" means the repair or
replacement of a building or structure which exceeds
one (1) of the following:
(1) Seventy-five (75) percent of the assessed
value of the structure as determined by the Kitsap
County Assessor. An appraised value may be substi-
tuted for the assessed value at the request of the appli-
cant and as deemed appropriate by the Director.
(2) For accessory structures which are typi-
cally not assessed (such as decks, sheds, garages, and
(Revised 7/16)20.54-2
20.54.050
retaining walls) and the value cannot be determined,
substantial destruction will occur at the point that sev-
enty-five (75) percent or more of the structure is
replaced. (Ord. 5301 §3 (Exh. B) (part), 2016: Ord. 4950
§8 (Exh. A) (part), 2005)
20.54.050 NONCONFORMING LOTS.
The following provisions shall apply to all lots
meeting the definition in BMC 20.54.040(a):
(a) Continuation and Development. A noncon-
forming lot may be developed for any use allowed by
the zone, provided the development meets, through
design or by an approved variance, the requirements of
the zone in which it is located.
(b) Illegal Lot Modifications or Split. The follow-
ing is applicable to all lots:
(1) No lot may be modified, divided or
adjusted in a manner that would violate dimensional,
area, or other requirements of the zone in which it is
located.
(2) A government agency may lawfully mod-
ify a lot in a manner that would result in nonconformity,
if portions of a lot are acquired for a public use or pur-
pose, or is allowed otherwise by law. (Ord. 5301 §3
(Exh. B) (part), 2016: Ord. 4950 §8 (Exh. A) (part),
2005)
20.54.060 NONCONFORMING USES.
The following provisions shall apply to all uses
meeting the definition in BMC 20.54.040(b):
(a) Continuation. Any legally established noncon-
forming use may be continued until such time that it is
discontinued as prescribed in subsection (d) or (e) of this
section.
(b) Change of Use. A structure or property con-
taining a nonconforming use may be changed to the fol-
lowing:
(1) A use that conforms to the requirements of
the zone; or
(2) Another nonconforming use; provided,
that:
(i) A conditional use permit is approved
pursuant to BMC 20.58.020;
(ii) The existing nonconforming use was
not discontinued as prescribed in subsection (d) or (e) of
this section;
(iii) The new use is clearly a reduction in
the nonconformity and intensity of the existing noncon-
forming use; and
(iv) The applicant demonstrates that there
is a demand for the use in the neighborhood that pro-
vides a public benefit.
(c) Expansion. A nonconforming use may not be
expanded or enlarged, except under one (1) of following
circumstances:
(1) Alterations are permitted, provided it is
within the existing physical space of the building or use.
(2) Residential dwellings may have the build-
ing area expanded if the number of dwelling units is not
increased above or below the requirements of the zone
in which it is located, there is no decrease in the number
of off-street parking spaces below the minimum require-
ments and the addition complies with all zoning require-
ments.
(3) The acquisition of additional accessory
off-street parking is not an expansion of a nonconform-
ing use.
(d) Discontinuation. A nonconforming use that is
discontinued shall have its legal nonconforming status
terminated and any subsequent use of the property or
building shall be that of a use that conforms to the
requirements of the zone. A nonconforming use is deter-
mined to be discontinued if any of the following circum-
stances apply:
(1) The nonconforming use is changed to a
conforming use;
(2) Another nonconforming use is approved
pursuant to subsection (b)(2) of this section; or
(3) The nonconforming use has ceased for a
period of more than one (1) year.
(e) Damage or Destruction. If a structure contain-
ing a nonconforming use experiences substantial
destruction, it shall constitute a discontinuation of the
nonconforming use, except the nonconforming use may
be allowed to continue under any of the following cir-
cumstances:
(1) The structure has suffered substantial
destruction as a result of fire or other casualty not inten-
tionally caused by the owner or tenant and a complete
building permit application is filed within one (1) year
of such fire or other casualty.
(2) A conditional use permit was approved
pursuant to BMC 20.54.090.
(f) Repair and Maintenance. A building or struc-
ture containing a nonconforming use may be repaired
and maintained if the work does not restore it from sub-
stantial destruction. (Ord. 5301 §3 (Exh. B) (part), 2016:
Ord. 4950 §8 (Exh. A) (part), 2005)
20.54.070 NONCONFORMING
STRUCTURES.
The following provisions shall apply to all struc-
tures and buildings meeting the definition in BMC
20.54.040(c):
(a) Continuation. Any legally established noncon-
forming structure may be continued until such time that
20.54-3 (Revised 7/16)
Bremerton Municipal Code 20.54.100
it is discontinued as prescribed in subsection (c) of this
section.
(b) Expansion. Buildings may be expanded, pro-
vided:
(1) A nonconforming structure may be
enlarged, extended or structurally altered, provided the
enlargement or alteration complies with the setback,
height, lot coverage, and other site development require-
ments of the zone in which the structure is located.
(2) Structures not conforming to the setback
may be expanded by up to twenty (20) percent of the
gross floor area and to the building line, provided the
enlargements do not further violate setback require-
ments.
(c) Damage or Destruction. A nonconforming
structure experiencing substantial destruction shall be
considered discontinued and have its nonconforming
status terminated. Any subsequent repair or reconstruc-
tion of the structure shall comply with the requirements
of the zone, with the following exception:
(1) The nonconforming structure may be
allowed to be rebuilt within the same footprint and size
if the structure has suffered substantial destruction as a
result of fire or other casualty not intentionally caused
by the owner, and a complete building permit applica-
tion is filed within one (1) year of such fire or other
casualty.
(d) Partial Damage or Destruction. A nonconform-
ing structure suffering from less than substantial
destruction may have its nonconforming status sus-
pended for a time period determined by the Director and
be considered conforming for the purpose of improve-
ments and repair, if:
(1) The structure is damaged by fire or other
casualty not intentionally caused by the owner or tenant
and a complete building permit application is filed
within one (1) year of such fire or other casualty; or
(2) A building permit application is submitted
prior to partial destruction. The building permit must
remain active and if it is allowed to expire, the legal non-
conforming status shall terminate and subsequent
repairs and improvements shall comply with the
requirements of the zone.
(3) In no case shall the nonconformity be
allowed to expand.
(e) Repair and Maintenance. Normal repair and
maintenance work on a nonconforming structure may be
performed that maintains continued safe and sanitary
conditions. (Ord. 5301 §3 (Exh. B) (part), 2016: Ord.
4971 §14, 2006; Ord. 4950 §8 (Exh. A) (part), 2005)
20.54.080 NONCONFORMING
LANDSCAPING.
Uses which were lawfully established which do not
conform to landscaping requirements need not provide
additional landscaping, except:
(a) Expansion of a Structure. If an existing struc-
ture or use is expanded, additional landscaping shall be
provided in accordance with the requirements of Chap-
ter 20.50 BMC. The amount of additional landscaping
shall be computed only to the extent of the expansion
regardless of whether existing landscaping complies
with the requirements.
(b) Change of Use. A change to a use that requires
greater amounts of landscaping than the former use shall
provide landscaping in accordance with the require-
ments of Chapter 20.50 BMC. The Director may modify
the amount of landscaping required if providing the
required landscaping would result in a reduction of the
parking below the minimum required by Chapter 20.48
BMC.
(c) Parking Lot. When an existing unpaved park-
ing area is paved, it shall be landscaped in accordance
with the requirements of Chapter 20.50 BMC. The
Director may modify the amount of landscaping
required if the landscaping would result in a reduction of
the parking below the minimum required by Chapter
20.48 BMC. (Ord. 5301 §3 (Exh. B) (part), 2016: Ord.
4950 §8 (Exh. A) (part), 2005)
20.54.090 CONDITIONAL
NONCONFORMING USES.
(a) Unsuitable Structures for Uses. An existing
structure constructed for a use no longer allowed by the
zone, which has lost its legal nonconforming status, and
is not suited for other uses permitted by the zone, may
have its use re-established if a conditional use permit is
approved pursuant to BMC 20.58.020; provided, that:
(1) The applicant demonstrates that the
remaining life of the structure is adequate to warrant the
proposed use of the structure;
(2) The applicant demonstrates that an
allowed use of the zone cannot be established;
(3) The applicant demonstrates that there is a
demand for the use in the community or region that pro-
vides a public benefit; and
(4) The applicant demonstrates that the use
and renovation to the structure is not inconsistent with
the goals and policies of the Comprehensive Plan. (Ord.
5301 §3 (Exh. B) (part), 2016: Ord. 4950 §8 (Exh. A)
(part), 2005)
20.54.100 NONCONFORMING SIGNS.
Refer to Chapter 20.52 BMC for regulations per-
taining to nonconforming signs. (Ord. 5301 §3 (Exh. B)
(part), 2016: Ord. 4950 §8 (Exh. A) (part), 2005)
(Revised 7/16)20.54-4
20.54.110
20.54.110 UNLAWFUL USES, STRUCTURES,
AND LOTS.
(a) Nothing in this chapter shall be interpreted to
be authorization for, or approval of, the continuation of
the use of a structure that is in violation of any ordinance
in effect at the time of the passage of the ordinance cod-
ified in this chapter. The intermittent, temporary, or ille-
gal use of land or structures shall not be sufficient to
establish the existence of a nonconforming use, struc-
ture, and/or lot.
(b) Any use, structure or lot which did not comply
with the zoning code requirements at the time it was
established or constructed and does not comply with the
current zoning code is illegal and shall be brought into
compliance with the provisions of BMC Title 20, Divi-
sion III. (Ord. 5301 §3 (Exh. B) (part), 2016: Ord. 4950
§8 (Exh. A) (part), 2005)
20.58-1 (Revised 7/16)
Bremerton Municipal Code 20.58.030
Chapter 20.58
LAND USE PERMITS
Sections:
20.58.010 GENERAL.
20.58.020 CONDITIONAL USE PERMITS.
20.58.030 VARIANCE.
20.58.040 SITE-SPECIFIC REZONE.
20.58.050 AREA-WIDE REZONES.
20.58.060 RESIDENTIAL CLUSTER
DEVELOPMENT.
20.58.080 SITE PLAN REVIEW.
20.58.090 SITE DEVELOPMENT
PERMIT.
20.58.010 GENERAL.
(a) Applicability. This chapter contains the provi-
sions and approval criteria for land use permits applica-
ble to BMC Title 20. The provisions of this chapter are
applied in conjunction with Chapter 20.02 BMC, Proj-
ect Permits, in establishing the appropriate review pro-
cedures and criteria by which land use permits are
reviewed and a decision rendered.
(b) Fees. The corresponding application fees pre-
scribed in the fee schedules set forth in Chapter 3.01
BMC shall accompany applications. (Ord. 5301 §3
(Exh. B) (part), 2016: Ord. 4950 §8 (Exh. A) (part),
2005)
20.58.020 CONDITIONAL USE PERMITS.
(a) Authority. Uses listed as a conditional use may
be permitted if a conditional use permit (CUP) is
approved.
(b) Applicant. The City, federal, state or local
agencies, property owner(s), or their designated agents
may initiate a request for a CUP.
(c) Procedure. A CUP application may be pro-
cessed as an administrative Type II Director decision or
as a nonadministrative Type III Hearing Examiner deci-
sion pursuant to the provisions set forth in Chapter 20.02
BMC.
(1) The Director may require a nonadminis-
trative CUP whenever the use has a significant impact
beyond the immediate site, is of a neighborhood or com-
munity-wide interest, or is of a controversial nature.
(2) The Director may convert a Type II
administrative CUP to a Type III nonadministrative
CUP any time prior to the issuance of a decision on the
application.
(3) In addition to the notification require-
ments prescribed in BMC 20.02.100, the notice of appli-
cation shall be mailed to all property owners within
three hundred (300) feet of the property.
(d) Criteria for Approval. The City shall approve a
CUP only if it is found that:
(1) The use is consistent with the Comprehen-
sive Plan goals and policies;
(2) The use complies with all applicable zon-
ing and development standards and requirements;
(3) The use satisfies all of the conditional use
approval criteria specified in the zone in which the use
is located;
(4) The design of the proposal and conditions
of approval has mitigated all identifiable adverse
impacts;
(5) The use is compatible with nearby land
uses and the surrounding neighborhood in terms of the
level of light and glare, noise and parking demand,
hours of operation and air quality; and
(6) Stipulations are made for the availability
of adequate water, sewer, stormwater, utilities and
urban governmental services.
(e) Conditions of Approval. Conditions such as
site orientation, fencing, buffering, parking location,
lighting, access, hours of operation, and others may be
imposed as a condition of approval if it is found they are
necessary to mitigate identifiable adverse impacts and
ensure compatibility with nearby uses.
(f) Lapse of Approval. If the CUP is not acted on
within one (1) year from the date the decision became
final, it shall expire. Expiration is automatic and notice
is not required. The Director may grant a single six (6)
month extension if the applicant makes such a request in
writing prior to the expiration date and can show good
cause for granting the extension. (Ord. 5301 §3 (Exh. B)
(part), 2016: Ord. 4950 §8 (Exh. A) (part), 2005)
20.58.030 VARIANCE.
(a) Authority. The variance is a mechanism that
allows the provisions of BMC Title 20 to be varied on a
case-by-case basis. Approval of a variance may only be
granted when it is for relief from a dimensional standard
when the requirement of such would result in an unusual
or unreasonable hardship due to physical characteristics
of the site, or due to existing improvements on or adja-
cent to the site.
(b) Applicant. The City, federal, state or local
agencies, property owner(s), or their designated agents
may initiate a request for a variance.
(c) Procedures. A variance application is pro-
cessed as a Type III Hearing Examiner decision pursu-
ant to the provisions set forth in Chapter 20.02 BMC. If
the variation would not exceed ten (10) percent of the
required dimensional standard from which relief is
being sought, the Director may approve the variance as
a Type II Director decision.
(Revised 7/16)20.58-2
20.58.040
(d) Criteria for Approval. The City may grant a
variance only if it is found that:
(1) The variance will not be materially detri-
mental to the surrounding neighborhood and avoids
adverse impacts on other properties and residences;
(2) The variance is necessary to overcome
exceptional or extraordinary hardship circumstances
related to the size, shape, topography, location, or sur-
roundings of the subject property, or the location of a
preexisting legal nonconformity that may exist on or
adjacent to the site;
(3) The variance will not grant relief for a
self-created hardship, or for a personal or financial hard-
ship or inconvenience;
(4) The variance will only grant the subject
property the same general rights enjoyed by other prop-
erties in the same area and zoned as the subject property;
(5) The variance is the minimum necessary to
allow the subject property the same general rights
enjoyed by other property in the same area and zone;
and
(6) Other solutions, uses, or design options
that might achieve a similar result without the need for
a variance have been evaluated and rejected.
(e) Prohibited. Under no circumstances shall a
variance be granted for any of the following:
(1) To alter any definition or interpretation of
this title;
(2) To alter any provision establishing a use
within a zoning district;
(3) To alter any procedural provisions; or
(4) To alter residential density standards.
(f) Conditions of Approval. Conditions may be
imposed as a condition of approval if it is found they are
necessary to mitigate identifiable adverse impacts and
ensure compatibility with nearby uses.
(g) Lapse of Approval. If the variance is not acted
on within one (1) year from the date the decision became
final, it shall expire. Expiration is automatic and notice
is not required. The Director may grant a single six (6)
month extension if the applicant makes such a request in
writing prior to the expiration of the variance and can
show good cause for granting the extension. (Ord. 5301
§3 (Exh. B) (part), 2016: Ord. 4950 §8 (Exh. A) (part),
2005)
20.58.040 SITE-SPECIFIC REZONE.
(a) Authority. A site-specific rezone is a change to
the zoning classification of a specific property or prop-
erties. The new zone must be consistent with the Com-
prehensive Plan and results in a change to the City’s
official zoning map.
(b) Procedures. A site-specific rezone application
is processed as a Type IV City Council decision pursu-
ant to the provisions set forth in Chapter 20.02 BMC.
The City Council shall act on the proposal after the
Administrative Hearing Examiner holds an open-record
public hearing and makes a recommendation to the City
Council.
(c) Applicant. The City, federal, state or local
agencies, property owner(s), or their designated agents
may initiate a request for a site-specific rezone.
(d) Criteria for Approval. The City may grant a
site-specific rezone only if it is found that:
(1) The rezone is consistent with the Compre-
hensive Plan;
(2) The rezone will advance the public health,
safety, or welfare, and will not have adverse impacts on
adjacent properties;
(3) The rezone is necessary because either:
(i) Conditions in the immediate vicinity
or neighborhood have so markedly changed that it is in
the public interest to approve the rezone; or
(ii) The rezone will correct a zone classi-
fication or zone boundary that was inappropriate when
established; and
(4) The rezone is in the public interest.
(e) Comprehensive Plan Consistency. If a Com-
prehensive Plan amendment is required in order to sat-
isfy subsection (d)(1) of this section, approval of the
Comprehensive Plan amendment is required prior to or
concurrently with the granting of an approval on the
rezone. (Ord. 5301 §3 (Exh. B) (part), 2016: Ord. 4950
§8 (Exh. A) (part), 2005)
20.58.050 AREA-WIDE REZONES.
(a) Authority. An area-wide rezone is a change to
zoning classifications that is not site-specific. New zon-
ing designations must be consistent with the Compre-
hensive Plan and approval changes the City’s official
zoning map.
(b) Applicant. Only the City may initiate an area-
wide rezone.
(c) Procedures. These are legislative actions
exempt from the requirements of Chapter 20.02 BMC.
Specific procedural requirements are prescribed in
Chapter 36.70A RCW. The Planning Commission con-
ducts public hearings for area-wide rezones and makes
a recommendation to the City Council. The City Coun-
cil, following its own public hearing(s), may approve,
approve with modifications, deny or remand the Plan-
ning Commission’s recommendation for additional
study.
(d) Notice. Published notice shall be given prior to
public hearing dates in the official newspaper in accor-
dance with the following schedule:
(1) Ten (10) calendar days for the first Plan-
ning Commission public hearing; and
(2) Five (5) calendar days for the first City
Council public hearing;
20.58-3 (Revised 7/16)
Bremerton Municipal Code 20.58.060
(3) Subsequent hearing dates on the same pro-
posal do not require additional publication of notice;
(4) Consideration shall be given to WAC 365-
195-600 (Public Participation) in determining if addi-
tional notice requirements are necessary.
(e) Approval Criteria. The City Council may
approve an area-wide rezone if it is found that:
(1) It is consistent with the Comprehensive
Plan; and
(2) It does not conflict with other City, state
and federal codes, regulations and ordinances.
(f) Comprehensive Plan Consistency. If a Com-
prehensive Plan amendment is required in order to sat-
isfy subsection (e)(1) of this section, approval of the
Comprehensive Plan amendment is required prior to or
concurrently with the granting of an approval on the
rezone. (Ord. 5301 §3 (Exh. B) (part), 2016: Ord. 4950
§8 (Exh. A) (part), 2005)
20.58.060 RESIDENTIAL CLUSTER
DEVELOPMENT.
(a) Intent. The intent of the residential cluster
development (RCD) is to accommodate urban densities
of the underlying zoning district while allowing residen-
tial development to utilize less land area. These provi-
sions aim to allow greater flexibility in the design of
subdivisions to ensure development is in harmony with
the natural characteristics onsite and to preserve features
such as critical areas, open space, recreation areas, or
scenic vistas.
(b) Applicability. A RCD may be applied to all
subdivisions as permitted in Chapter 20.12 BMC, Land
Division.
(c) Procedures.
(1) A RCD shall be processed in coordination
with a subdivision application and will follow the per-
mitting procedures established in Chapter 20.12 BMC,
Land Division.
(2) The Director has the discretion to convert
a Type II administrative subdivision application that is
using the RCD provisions to a Type III nonadministra-
tive conditional use permit any time prior to the issuance
of a decision on the application should the Director find
the project to have significant impacts beyond the
immediate site, is of a neighborhood or community wide
interest, or is of a controversial nature.
(3) In addition to the notification require-
ments prescribed in BMC 20.02.100, the notice of appli-
cation shall be mailed to all property owners within
three hundred (300) feet of the property.
(d) Development Standards. Modification may be
allowed to the underlying zone for which a RCD applies
as follows:
(1) Density. The minimum and maximum
density of the underlying zone shall apply, however,
unbuildable critical areas as defined in Chapter 20.14
BMC may be included in the area for calculating den-
sity; however, land used for right-of-way may not.
(2) Minimum Lot Size. Lot size may be
reduced to two thousand five hundred (2,500) square
feet, provided all lots are buildable.
(i) Reductions below two thousand five
hundred (2,500) square feet will only be permitted if the
applicant provides an additional ten (10) percent of per-
manently protected open space as required by subsec-
tion (d)(8) of this section.
(3) Setbacks.
(i) For the purposes of this section
perimeter setbacks shall be defined as the exterior
boundary of the entire property to be subdivided. Struc-
tures and parking areas shall be set back a minimum of
ten (10) feet from all perimeter property lines.
(ii) All other setbacks may be modified to
encourage innovative site design.
(4) Lot Width. Deviations are permitted.
(5) Development Coverage. The development
coverage is limited to fifty (50) percent of the total site
area including open space.
(6) Parking. Two parking spaces are required
for each primary residence. All deviations from the stan-
dard parking requirements shall be accompanied by a
detailed analysis showing how alternative parking will
provide better site design and will provide clear benefits
to the residents. Deviations are permitted as follows:
(i) Setbacks may be modified;
(ii) Parking may be applied to the entire
site rather than to individual lots;
(iii) Parking tracts shall be placed in easily
accessible locations;
(iv) Designated parking spaces should be
clearly marked.
(7) Housing Type. Attached and detached sin-
gle-family homes and townhomes are allowed as pri-
mary residential structures. Accessory dwelling units
are permitted pursuant to BMC 20.46.010.
(8) Open Space Designation and Preserva-
tion.
(i) Each RCD shall provide not less than
twenty (20) percent of the gross site area for common
open space which shall be primarily concentrated in
large areas. When these areas are designated as critical
areas they should be designed to provide connectivity
for habitat functions;
(ii) Open space areas shall be located on
separate tract(s), and shall be developed for passive or
active recreational uses or set aside to preserve critical
areas as defined in the critical area regulations in Chap-
ter 20.14 BMC;
(Revised 7/16)20.58-4
20.58.080
(iii) Parking areas, rights-of-way, drive-
ways, and yards within individual lots shall not be
included in common open space;
(iv) Facilities and other improvements
that enhance recreational use(s) may be located in an
open space area (provided they are not prohibited by
other sections of the BMC). Such facilities can include,
but are not limited to, fields, picnic areas, playgrounds,
and athletic courts.
(v) Open space areas shall be restricted in
perpetuity from further subdivision and/or land devel-
opment. This restriction shall be noted on the face of the
plat.
(vi) Open Space Plan. For all designated
open space areas the proposal shall include an open
space plan. This plan is to ensure the open space is main-
tained and preserved in perpetuity. Open space require-
ments established in the critical areas regulations
(Chapter 20.14 BMC) shall be met for all designated
critical areas. All open space areas excluding critical
areas shall comply with the following:
(A) Identify all proposed improve-
ments such as public facilities, proposed vegetation, and
existing vegetation to remain; and
(B) The plan must comply with the
requirements of the landscaping chapter, found in Chap-
ter 20.50 BMC; and
(C) The plan shall outline mainte-
nance responsibilities in a format acceptable to the
Director; and
(D) The plan shall include a notice to
title approved by the City and recorded with the County
Auditor. This notice shall include provisions for the des-
ignation and retention of open space, and provisions for
permanent maintenance of the open space and/or com-
monly owned facilities.
(e) Criteria for Approval. The decision-making
authority may grant a RCD only if it is found that:
(1) A RCD shall be approved with the
approval of a subdivision. The RCD shall follow the
same approvals and timelines as the concurrent subdivi-
sion application pursuant to Chapter 20.12 BMC, Land
Division. (Ord. 5301 §3 (Exh. B) (part), 2016: Ord.
5063 §3, 2008: Ord. 4977 §8, 2006; Ord. 4950 §8 (Exh.
A) (part), 2005)
20.58.080 SITE PLAN REVIEW.
(a) Authority. Site plan review is an evaluation of
development plans to identify environmental impacts
and overall compliance with applicable development
regulations including zoning and engineering standards.
It is a preliminary review and does not constitute
approval to develop the site.
(b) Applicability. Site plan review is required for
all new development, expansion of existing structures,
or other exterior site improvements that will change the
physical conditions of a site.
(c) Applicant. The City, federal, state or local
agencies, property owner(s), or their designated agents
may initiate a request for site plan review.
(d) Procedures. A request for a site plan review is
processed as a Type I or Type II Director’s decision pur-
suant to Chapter 20.02 BMC. Site plan review may be
conducted independently or may be reviewed concur-
rently with a site development permit set forth in BMC
20.58.090. When a site development permit is not
required, site plan review may be consolidated with the
review of a building permit application.
(e) Application Requirements. An application for
a site plan review shall include the following compo-
nents. The Director may modify these requirements
based on the size, scope and complexity of the project.
(1) Vicinity Map. Showing the subject prop-
erty in relation to all other properties and major struc-
tures within a two hundred fifty (250) foot radius of the
property.
(2) Site Plan. Containing, but not limited to,
the following information:
(i) The location, size, bulk, height, num-
ber of stories, and use of all structures and areas on the
subject parcel, both existing and proposed.
(ii) Existing and proposed pedestrian
walkways, bikeways, parks, playgrounds, recreational
areas, activity centers, landscaped areas, and other areas
and facilities of a public or recreational nature.
(iii) Existing and proposed utility systems,
drainage structures, fire hydrants, and other infrastruc-
ture improvements.
(iv) An environmental summary, includ-
ing such features as shorelines, bulkheads, creeks, cul-
verts, wetlands, steep slopes, unstable soils, rock
outcroppings, significant trees, other "sensitive areas,"
etc.
(v) All property lines, easements, fences,
walls, signs, and other points of reference.
(vi) Other information, maps or data that
is helpful to better understand the nature and scope of
the proposal and its impacts on surrounding properties,
people, and land uses.
(3) Parking Plan. A parking plan shall be
included showing all of the parking spaces, aisles, hand-
icapped stalls, loading spaces, motorcycle spaces, set-
backs and other dimensional information necessary to
evaluate the project. This information may be shown on
the site plan or may be a provided in a separate plan.
(4) Landscape Plan. When required, a plan
showing the areas of landscaping and street trees shall
20.58-5 (Revised 7/16)
Bremerton Municipal Code 20.58.090
be provided. This information may be shown on the site
plan or may be provided in a separate plan.
(5) Stormwater Plan. When required, a storm
drainage report and preliminary storm drainage plans
shall accompany the application.
(6) Water and Sewer Availability. A letter
summarizing the utility service requirements per BMC
Title 15 shall be obtained from the City Public Works
Department and submitted with the application.
(7) Other Reports. When required, studies
such as traffic reports, geotechnical reports, wetland
reports and other environmental studies shall accom-
pany the application.
(8) Narrative. A written explanation of the
proposal including:
(i) Calculations of gross residential den-
sity, size of the site in square feet, and square footage of
structures, parking areas, landscaped and recreational
open space areas;
(ii) Elevations and/or perspective draw-
ings of proposed structures and other major improve-
ments being proposed;
(iii) The specific nature of any agree-
ments, covenants, or other provisions that govern or
affect the proposal; and
(iv) Signatures, mailing addresses, and
phone numbers of all owners of record or agents of the
subject property.
(9) Plans. All plans shall be drawn to scale,
legible, in a reproducible black and white format and
shall include a north arrow.
(f) Criteria for Approval. A site plan that complies
with all applicable development regulations shall be
approved, or approved with conditions. (Ord. 5301 §3
(Exh. B) (part), 2016: Ord. 4950 §8 (Exh. A) (part),
2005)
20.58.090 SITE DEVELOPMENT PERMIT.
(a) Authority. A site development permit shall be
required prior to constructing, enlarging, or demolishing
a building or structure; grading, excavating or filling of
earth; or other exterior site improvements that will
change the physical conditions of a site. A site develop-
ment permit constitutes approval for those activities to
develop a site, not including buildings.
(b) Applicability. A site development permit is
required for the following activities:
(1) The construction of five (5) or more resi-
dential dwelling units;
(2) The construction or expansion of a struc-
ture or structures of more than four thousand (4,000)
square foot gross floor area for a nonresidential use or
uses;
(3) Any filling, grading, excavating, placing
or dumping of soil, loam, peat, sand, gravel, rock, and
similar materials in excess of one hundred (100) cubic
yards;
(4) Any activity or use located within an envi-
ronmentally sensitive area as designated in Chapter
20.14 BMC, Critical Areas;
(5) Any development or redevelopment of a
site that requires street frontage improvements pursuant
to BMC 11.12.110;
(6) Any proposal that requires an engineered
storm drainage system pursuant to Chapter 15.04 BMC;
(7) Construction of a nonaccessory surface or
structural parking lot; or
(8) Construction of an accessory off-street
parking facility of more than twenty (20) automobile
spaces.
(c) Exemptions. The following are exempt from
the requirement for a site development permit:
(1) Forest practices other than Forest Practice
IV regulated under WAC Title 222;
(2) Development that is undertaken by the
Washington State Department of Transportation in state
highway rights-of-way and is regulated by Chapter 173-
270 WAC, the Puget Sound Highway Runoff Program;
or
(3) Road and utility construction and related
activities undertaken by the City’s Public Works
Department.
(d) Applicant. The City, federal, state or local
agencies, property owner(s), or their designated agents
may initiate a request for a site development permit.
(e) Procedures. A request for a site development
permit is processed as a Type I Director’s decision pur-
suant to Chapter 20.02 BMC. The review may be con-
ducted independently or may be reviewed concurrently
with a site plan review.
(f) Application Requirements. An application for
a site development permit shall include the following
components:
(1) Vicinity Map. Showing the subject prop-
erty in relation to all other properties and major struc-
tures within a two hundred fifty (250) foot radius of the
property.
(2) Site Plan. Containing the following infor-
mation:
(i) The location, size, bulk, height, num-
ber of stories, and use of all structures and areas on the
subject parcel, both existing and proposed;
(ii) Existing and proposed pedestrian
walkways, bikeways, parks, playgrounds, recreational
areas, activity centers, landscaped areas, and other areas
and facilities of a public or recreational nature;
(Revised 7/16)20.58-6
20.58.090
(iii) Existing and proposed utility systems,
drainage structures, fire hydrants, and other infrastruc-
ture improvements;
(iv) An environmental summary, includ-
ing such features as shorelines, bulkheads, creeks, cul-
verts, wetlands, steep slopes, unstable soils, rock
outcroppings, significant trees, other "sensitive areas,"
etc.;
(v) All property lines, easements, fences,
walls, signs, and other points of reference;
(vi) Other information, maps or data that
is helpful to better understand the nature and scope of
the proposal and its impacts on surrounding properties,
people, and land uses; and
(vii)Dimensional information or drawn to
scale at not less than one (1) inch = fifty (50) feet.
(3) Parking Plan. Showing all existing and
proposed off-street parking spaces. This may be inte-
grated into the base site plan or shown on a separate
plan. Parking plans should show all spaces, aisles, hand-
icapped and motorcycle spaces, loading spaces, transit
facilities, and parking lot access and internal circulation.
It should also show dimensions of all parking areas,
spaces, driveways, setbacks, and distances from curb
cuts to intersection corners, and similar detail.
(4) Landscape Plan. Showing details of exist-
ing vegetation to be preserved and the general planting
pattern as well as the numbers and types of new plants
being provided. This may be integrated into the base site
plan or provided in a separate plan.
(5) Elevation and/or Perspective Drawings.
Drawings showing proposed structures and other major
improvements.
(6) Civil Engineering Drawings. "Final" plans
for street frontage improvements, circulation and street
lighting.
(7) Final Storm Drainage Report. Storm
drainage system meeting City engineering standards.
(8) Erosion and Sediment Control Plan. Ero-
sion control plans prepared pursuant to Chapter 15.04
BMC.
(9) Phasing. If the project is designed to be
permitted and/or constructed in phases, a site plan show-
ing the phases of development and a written schedule of
development is required.
(10)Narrative. A written explanation of the
proposal, including:
(i) Calculations of gross residential den-
sity, size of the site in square feet, and square footage of
structures, parking areas, landscaped and recreational
open space areas;
(ii) Elevations and/or perspective draw-
ings of proposed structures and other major improve-
ments being proposed;
(iii) The specific nature of any agree-
ments, covenants, or other provisions that govern or
affect the proposal; and
(iv) Signatures, mailing addresses, and
phone numbers of all owners of record or agents of the
subject property.
(11)Other Reports. When required, studies
such as traffic reports, geotechnical reports, wetland
reports and other environmental studies shall accom-
pany the application.
(12)Plans. All plans shall be drawn to scale,
legible, in a reproducible black and white format and
shall include a north arrow.
(g) Criteria for Approval. A site development per-
mit that complies with all applicable development regu-
lations and requirements for construction shall be
approved.
(h) Time Limits on Approval. Approval of a site
development permit shall become void if building per-
mits are not applied for or construction has not begun
within one (1) year. The expiration is automatic and
notice is not given. Exterior site improvements and the
exterior of all structures shall be completed within three
(3) years of issuance of the site development permit. If
the permit expires, a new site development permit is
required that meets the development standards in effect
at the time a new permit is applied for.
(i) Compliance Required. No person shall violate
or fail in complying with an approved site development
permit or any conditions thereof. Nor shall a building
permit be valid for any structure which violates or fails
to comply with any approved site development permit
for the parcel(s) on which such structure is to be located.
(Ord. 5301 §3 (Exh. B) (part), 2016: Ord. 4950 §8 (Exh.
A) (part), 2005)
20.60-1 (Revised 7/16)
Bremerton Municipal Code 20.60.040
Chapter 20.60
LOW DENSITY RESIDENTIAL (R-10)
Sections:
20.60.010 INTENT.
20.60.020 PERMITTED USES.
20.60.030 ACCESSORY USES.
20.60.040 CONDITIONAL USES.
20.60.060 DEVELOPMENT STANDARDS.
20.60.065 ALLOWABLE DENSITY AND
LOT AREA.
20.60.080 OFF-STREET PARKING
REQUIREMENTS.
20.60.090 LANDSCAPING
REQUIREMENTS.
20.60.100 SIGN STANDARDS.
20.60.010 INTENT.
The intent of the low density residential (R-10) zon-
ing district is to accommodate single-family housing by
infilling at a range of lot sizes consistent with urban
growth patterns. Some attached single-family housing
may be appropriate when responding to sensitive areas
or with innovative design. Residential development at
higher densities is encouraged at the edge of designated
centers. (Ord. 5301 §3 (Exh. B) (part), 2016: Ord. 4950
§8 (Exh. A) (part), 2005)
20.60.020 PERMITTED USES.
Only one (1) principal use shall be allowed on each
residentially zoned lot unless allowed for otherwise by
law. This limitation shall not include permitted acces-
sory uses associated with a permitted principal use.
The following uses are permitted outright:
(a) Cemetery;
(b) Co-location of wireless communications per
BMC 20.46.140;
(c) Community facilities of twenty thousand
(20,000) square feet gross floor area or less;
(d) Day care facility of twelve (12) or fewer per-
sons receiving care;
(e) Education and schools (K-12) of twelve (12) or
fewer students;
(f) Foster home;
(g) Group residential home;
(h) Manufactured home per BMC 20.46.040;
(i) Parks, playgrounds and open space equal or
less than one-half (0.5) acre (twenty-one thousand seven
hundred eighty (21,780) square feet);
(j) Residential Uses.
(1) Single-unit dwelling unit, detached;
(2) Single-unit dwelling unit, attached (zero
(0) lot lines) per BMC 20.60.060(b);
(k) Worship and religious facilities of twenty
thousand (20,000) square feet gross floor area or less;
(l) Incubator for business associated with a wor-
ship and religious facility or community facility, pro-
vided the following conditions are met:
(1) The incubated business is a use that is per-
mitted outright in the neighborhood business zone,
BMC 20.82.020;
(2) Landscaping and signage requirements of
the neighborhood business zone, Chapter 20.82 BMC,
shall be met; and
(3) The parcel upon which the incubated busi-
ness is situated shall have frontage on an arterial street.
(Ord. 5301 §3 (Exh. B) (part), 2016: Ord. 4977 §9,
2006: Ord. 4950 §8 (Exh. A) (part), 2005)
20.60.030 ACCESSORY USES.
The following accessory uses may be permitted
when found in connection with a principal use:
(a) Attached or detached accessory dwelling unit
per BMC 20.46.010;
(b) Detached garage, carport, and parking facili-
ties for the residents of the property;
(c) Home occupation per BMC 20.46.030;
(d) Other necessary and customary uses deter-
mined by the Director to be appropriate, incidental and
subordinate;
(e) Playhouses, patios, cabanas, porches, gazebos,
swimming pools and incidental household storage
buildings. (Ord. 5301 §3 (Exh. B) (part), 2016: Ord.
4950 §8 (Exh. A) (part), 2005)
20.60.040 CONDITIONAL USES.
The following uses may be permitted, provided a
conditional use permit is approved pursuant to BMC
20.58.020 subject to the corresponding conditions:
(a) Bed and breakfast, provided:
(1) The operators of the business shall occupy
the house as their primary residence;
(2) No more than one (1) full-time equivalent
(FTE) employee who is not a resident of the dwelling
may be employed;
(3) No more than six (6) bedrooms are made
available for rent to guests and all guest rooms are con-
tained within the principal structure;
(4) Two (2) off-street parking spaces, plus one
(1) off-street parking space per each guest bedroom, are
required;
(5) Off-street parking spaces may be reduced,
provided the applicant can demonstrate parking will not
spill over into nearby residential properties and any
streets;
(6) Rooms shall not be made available to
guests for more than fourteen (14) days during any thirty
(30) day period;
(Revised 7/16)20.60-2
20.60.040
(7) No commercial receptions, parties, or
other public gatherings, or serving of meals to nonresi-
dent guests for compensation, are allowed; and
(8) Any remodeling of the residential struc-
ture shall maintain the residential nature of the structure
and not alter the structure in such a manner that would
prevent it from being used as a residence in the future.
(b) Group residential facilities - Class I, provided:
(1) All state licensing requirements are satis-
fied;
(2) Minimum setbacks, height and lot cover-
age of the underlying zone shall apply;
(3) Off-street parking shall be at a minimum
of one (1) space per each employee during the peak
shift, plus one (1) space per two (2) residents the facility
will provide service to;
(4) If counseling services are provided to non-
residents, additional parking spaces are required at one
(1) per three hundred (300) square feet of gross floor
area used for counseling services;
(5) The number of required off-street parking
spaces may be reduced, provided the applicant can
demonstrate that parking will not spill over into nearby
residential properties and any streets; and
(6) Landscaping is provided meeting the min-
imum requirements for nonresidential uses prescribed in
Chapter 20.50 BMC. Additional landscaping for screen-
ing purposes may be required if it is found necessary to
mitigate any impacts to adjoining residential properties.
(c) Senior housing complex, provided the follow-
ing conditions are satisfied:
(1) Minimum site area shall be no less than
two (2) acres;
(2) Minimum setbacks, density, height and lot
coverage of the underlying zone shall apply;
(3) Off-street parking shall be a minimum one
(1) space per dwelling;
(4) Except for a community building/club-
house for the exclusive use of complex residents, all
accessory uses shall be located within a structure con-
taining residential units;
(5) Attached or detached structure types are
permitted and dwelling units may be owned by individ-
uals or occupied as rentals;
(6) Access to alternative transportation such
as public transit or on-site shuttle services to access
daily goods or services shall be provided; and
(7) A management agreement or covenants on
individual properties to maintain the complex as a senior
citizen complex shall be recorded with the Kitsap
County Auditor’s office.
(d) Nursing/convalescent homes, provided:
(1) All state licensing requirements are satis-
fied;
(2) Minimum site area shall be no less than
one (1) acre;
(3) Minimum setbacks, height and lot cover-
age of the underlying zone shall apply;
(4) Off-street parking shall be a minimum of
one (1) space per six hundred (600) square feet of gross
floor area;
(5) The number of required off-street parking
spaces may be reduced, provided the applicant can
demonstrate that parking will not spill over into nearby
residential properties and any streets; and
(6) Landscaping is provided meeting the min-
imum requirements for nonresidential uses prescribed in
Chapter 20.50 BMC. Additional landscaping for screen-
ing purposes may be required if it is found necessary to
mitigate any impacts to adjoining residential properties.
(e) Day care facilities (thirteen (13) or more per-
sons receiving care), provided:
(1) All state licensing requirements are satis-
fied;
(2) Off-street parking shall be a minimum one
(1) space per each five (5) children based on the state
license maximum occupancy load;
(3) One (1) loading/unloading space without
backup is required for the first twenty (20) children and
one (1) additional space for up to each additional twenty
(20) children;
(4) The number of required off-street parking
spaces may be reduced, provided the applicant can
demonstrate that parking will not spill over into nearby
residential properties and any streets;
(5) Landscaping is provided meeting the min-
imum requirements for nonresidential uses prescribed in
Chapter 20.50 BMC. Additional landscaping for screen-
ing purposes may be required if it is found necessary to
mitigate any impacts to adjoining residential properties;
and
(6) The maximum height of a fence or wall
within a front yard setback may be increased up to six
(6) feet, provided it enhances safety and security of an
outdoor play area.
(f) Adaptive reuse of commercial buildings, pro-
vided the conditions set forth in BMC 20.46.070 are sat-
isfied.
(g) Manufactured home park or expansion of
existing parks, provided:
(1) It is exempt pursuant to RCW 58.17.040
from requirements for property segregation;
(2) The minimum site size shall be five (5)
acres;
(3) Density shall meet the underlying zone;
(4) Adequate water, sewer, and utility ser-
vices are available to all building sites;
20.60-3 (Revised 7/16)
Bremerton Municipal Code 20.60.040
(5) A fire protection system meeting the
requirements of the City Fire Marshal is provided;
(6) Interior circulation shall meet the City
Engineer road standards plus the following standards:
(i) All interior circulation routes shall be
constructed within a tract or easement;
(ii) Roads and driveways shall be paved;
(iii) The City Fire Marshal and City Engi-
neer shall approve all fire turnarounds;
(7) The following setbacks shall apply to
manufactured homes or mobile homes, together with
their additions and appurtenant structures, accessory
structures, and other structures on the site (excluding
fences), excluding any hitch or towing fixture:
(i) From interior roads, at least fifteen
(15) feet from centerline of the tract or easement, but in
no case shall the setback be less than five (5) feet from
the paved surfaced edge;
(ii) Structures near the perimeter lot lines
of the property shall comply with the setbacks of the
underlying zone;
(iii) A minimum of ten (10) foot separa-
tion between all manufactured homes;
(8) Off-street parking spaces shall be pro-
vided in the following manner:
(i) One (1) parking space per home site;
plus
(ii) One (1) parking space for each five
(5) home sites for guest parking; plus
(iii) Additional parking spaces to provide
for the parking needs of offices, community buildings,
recreational facilities, or other uses within the park that
may be used by park residents or others;
(9) Outside storage of vessels (boats), house-
hold items and equipment is prohibited, except a com-
mon central storage area may be provided for residents
of the park. The storage area shall be screened by a min-
imum five (5) foot high by five (5) foot wide sight-
obscuring barrier consisting of landscaping and fencing
or wall, and shall meet minimum setbacks of the under-
lying zone;
(10)Ten (10) percent of the site shall be main-
tained as common recreational open space for the use of
residents and:
(i) May include community areas and
facilities such as playgrounds, swimming pools, and
hobby and craft shops;
(ii) However, it shall not include required
landscaping areas, perimeter setback areas, parking
areas, storage areas, building separation areas or other
areas deemed impractical by the Director for the recre-
ational enjoyment of the residents;
(11)Trees meeting the standards set forth in
Chapter 20.50 BMC shall be provided along all property
lines abutting a residential zone and public streets.
Exceptions for trees may be allowed when a property
line abuts an alley or is obstructed by a building or other
structure;
(12)Adequate lighting to illuminate streets,
driveways, and walkways for the safe movement of
pedestrians and vehicles is required; and
(13)All water, sewer, electrical, and communi-
cation service lines shall be underground.
(h) Worship, religious, and community facilities
greater than twenty thousand (20,000) square feet, pro-
vided:
(1) The site area shall be one (1) acre or more;
and
(2) Landscaping is provided meeting the min-
imum requirements for nonresidential uses prescribed in
Chapter 20.50 BMC. Additional landscaping for screen-
ing purposes may be required if it is found necessary to
mitigate any impacts to adjoining residential properties.
(i) Golf course, provided:
(1) A site plan review and a site development
permit are approved pursuant to Chapter 20.58 BMC;
(2) Through the conditional use permit, mod-
ifications to parking and landscaping may be allowed in
order to facilitate good design;
(3) Other conditions are applied as deemed
necessary to mitigate impacts to nearby residential prop-
erties and ensure compatibility with the neighborhood.
(j) Schools, parks and associated uses may be
approved in accordance with the following:
(1) The following uses are permitted through
approval of a conditional use permit:
(i) All public schools and associated
gymnasiums and auditoriums;
(ii) Private schools (K-12) with thirteen
(13) or more students;
(iii) Parks and playgrounds greater than
one-half (1/2) acre;
(iv) Outdoor athletic fields;
(v) Boat launching and related facilities;
(vi) Maintenance and service yards;
(vii)Bus and other vehicle and equipment
maintenance and storage facilities;
(viii)Administrative office related to the
facilities greater than two thousand (2,000) square feet
gross floor area;
(ix) Buildings and structures for nonprofit
groups on public lands;
(2) Uses permitted pursuant to subsection
(j)(1) of this section shall be subject to complying with
the following conditions:
(Revised 7/16)20.60-4
20.60.060
(i) Front, side and rear yard setbacks of
structures and outdoor storage areas shall be at least
thirty (30) feet;
(ii) Setbacks may be reduced for those
portions of a structure fronting interior streets;
(iii) The maximum height for any new
construction may be increased to match the architecture
of existing buildings; provided, that it is set back an
additional foot from any property line for each addi-
tional foot of allowed height, and in no case shall the
new construction exceed forty-five (45) feet;
(iv) Landscaping is provided meeting the
minimum requirements for nonresidential uses pre-
scribed in Chapter 20.50 BMC. Additional landscaping
for screening purposes may be required if it is found
necessary to mitigate any impacts to adjoining residen-
tial properties;
(v) Additional measures may be required
if deemed necessary to mitigate any noise impacts to
adjacent residential uses; and
(vi) The maximum height of a fence or
wall within a front yard setback may be increased to six
(6) feet, provided it enhances safety and security around
an outdoor play area.
(k) Public utility facilities located above ground,
provided:
(1) Landscaping is provided meeting the min-
imum requirements for nonresidential uses prescribed in
Chapter 20.50 BMC. Additional landscaping for screen-
ing purposes may be required if it is found necessary to
mitigate any impacts to adjoining residential properties;
(2) The maximum height of a fence or wall
may be increased within a front yard setback that will
provide screening from adjacent uses and enhance
safety and security around the facility; and
(3) Exceptions to setbacks may be allowed if
the applicant can demonstrate that the public interest is
better served by allowing the modification.
(l) Law enforcement and fire facilities, provided:
(1) Landscaping is provided meeting the min-
imum requirements for nonresidential uses prescribed in
Chapter 20.50 BMC. Additional landscaping for screen-
ing purposes may be required if it is found necessary to
mitigate any impacts to adjoining residential properties.
(2) The maximum height of a fence or wall
may be increased within a front yard setback that will
provide screening from adjacent uses and enhance
safety and security around the facility.
(m) Mineral resource extraction per BMC
20.46.080, provided:
(1) The site is located within a mineral
resource overlay. (Ord. 5301 §3 (Exh. B) (part), 2016:
Ord. 5111 §3, 2010: Ord. 4977 §10, 2006: Ord. 4971
§15, 2006; Ord. 4950 §8 (Exh. A) (part), 2005)
20.60.060 DEVELOPMENT STANDARDS.
(a) Lot Standards. Lot development requirements
shall be in accordance with this section and the follow-
ing standards unless allowed for by law otherwise:
(1) Setbacks.
(i) Minimum front yard setback is fifteen
(15) feet;
(ii) Minimum side yard setback is five (5)
feet;
(iii) Minimum rear yard setback is fifteen
(15) feet.
(2) Maximum structure height is thirty-five
(35) feet.
(3) Maximum structure height in (R-10) areas
within the downtown regional center shall be pursuant
to Figure 20.74(a) and shall supercede subsection (a)(2)
of this section.
(4) Minimum lot width is thirty (30) feet.
(5) Maximum development coverage is sixty
(60) percent.
(b) Zero (0) Lot Line (ZLL) Development. An
attached single-family dwelling and/or garage structure
may have a single shared side or rear lot line, and a set-
back reduced to zero (0), provided the structure com-
plies with building code fire separation requirements.
(c) Accessory Structures. The following standards
shall apply but are not limited to: garages, carports,
shops, barns, covered patios, cabanas, gazebos, and inci-
dental household storage buildings, excluding accessory
dwelling units per BMC 20.46.010 and structures not
requiring a building permit:
(1) The maximum area for all accessory struc-
tures shall be eighty (80) percent of the principal resi-
dential use not to exceed one thousand two hundred
(1,200) square feet.
(2) Setbacks of detached accessory structures
are pursuant to BMC 20.44.060.
(d) Garages, Storage Buildings and Shops.
(1) Any garage, storage building or shop
structure shall be designed so that the appearance of the
building remains that of a single-family residence
including the following:
(i) Constructed of similar materials as
the principal unit;
(ii) A roof of equal or greater pitch as the
principal unit;
(iii) A height no more than twenty-five
(25) percent greater than the principal unit not to exceed
thirty-five (35) feet.
(2) Any garage, storage building, or shop may
be exempt from the accessory structure size require-
ments provided it is contained within the principal unit.
(3) Garage, Carport, and Shop Vehicle
Entrance Setbacks. When the vehicle entrance faces the
20.60-5 (Revised 7/16)
Bremerton Municipal Code 20.60.100
street, the garage, carport, or shop shall have a front yard
setback of at least twenty (20) feet, except as provided
in BMC 20.44.020 (Traditional front yard).
(e) Lot Area for Parks and Schools. Parks and
schools may exceed maximum lot area requirements if
approved by a conditional use permit. (Ord. 5301 §3
(Exh. B) (part), 2016: Ord. 5008 §7, 2007: Ord. 4950 §8
(Exh. A) (part), 2005)
20.60.065 ALLOWABLE DENSITY AND LOT
AREA.
The purpose of this section is to establish compati-
ble levels of density within existing neighborhoods. The
intent is to allow infill residential development. The fol-
lowing density and lot area standards are applicable to
development within the zone:
(a) Minimum Density. The minimum required
density is five (5) dwellings per acre.
(b) Maximum Density. The maximum allowed
density is ten (10) dwellings per acre.
(c) Maximum Lot Area. The maximum lot area is
eight thousand seven hundred twelve (8,712) square
feet, with the following exceptions:
(1) The lot area may be modified through the
approval of a residential cluster development pursuant
to BMC 20.58.060;
(2) One (1) lot within a proposal for a division
of land may exceed eight thousand seven hundred
twelve (8,712) square feet, provided the remaining lots
do not exceed the eight thousand seven hundred twelve
(8,712) square foot maximum lot size; and
(3) A flag lot that complies with the require-
ments in BMC 20.44.100 may exceed eight thousand
seven hundred twelve (8,712) square feet, provided the
total area of the flag lot does not exceed thirteen thou-
sand sixty-eight (13,068) square feet.
(d) Minimum Lot Area. The minimum allowed lot
area is four thousand three hundred (4,300) square feet.
(e) Exception to Minimum Lot Areas.
(1) The minimum lot area may be modified
through the approval of a residential cluster develop-
ment pursuant to BMC 20.58.060, provided the devel-
opment complies with the maximum density
requirement set forth in subsection (b) of this section.
(Ord. 5301 §3 (Exh. B) (part), 2016: Ord. 5008 §8,
2007: Ord. 4972 §1, 2006; Ord. 4971 §16, 2006: Ord.
4950 §8 (Exh. A) (part), 2005)
20.60.080 OFF-STREET PARKING
REQUIREMENTS.
Off-street parking shall be provided in accordance
with the requirements set forth in Chapter 20.48 BMC.
(Ord. 5301 §3 (Exh. B) (part), 2016: Ord. 4950 §8 (Exh.
A) (part), 2005)
20.60.090 LANDSCAPING REQUIREMENTS.
Landscaping shall be provided in accordance with
the requirements set forth in Chapter 20.50 BMC. (Ord.
5301 §3 (Exh. B) (part), 2016: Ord. 4950 §8 (Exh. A)
(part), 2005)
20.60.100 SIGN STANDARDS.
Signs shall meet the standards of Chapter 20.52
BMC and the following:
(a) One (1) sign with a sign area of up to eight (8)
square feet may be allowed to advertise a permitted bed
and breakfast, provided it matches the architectural fea-
tures of the primary residence.
(b) For a home occupation sign, the residential dis-
trict sign regulations in BMC 20.52.120 shall apply.
(c) When an established business use is located in
the low density residential zone, the special purpose
sign regulations in BMC 20.52.130 shall apply. (Ord.
5301 §3 (Exh. B) (part), 2016: Ord. 5008 §9, 2007: Ord.
4971 §17, 2006; Ord. 4950 §8 (Exh. A) (part), 2005)
20.62-1 (Revised 7/16)
Bremerton Municipal Code 20.62.040
Chapter 20.62
GENERAL COMMERCIAL (GC)
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 general commercial (GC) district
is to provide locations for high intensity commercial
uses serving the entire community while preserving
views, forested areas, and buffering impacts to adjacent
residential areas. The corridor accommodates access to
businesses by automobile while also creating a pedes-
trian-friendly, transit-supporting corridor. (Ord. 5301
§3 (Exh. B) (part), 2016: Ord. 4950 §8 (Exh. A) (part),
2005)
20.62.020 PERMITTED USES.
The following uses are permitted outright:
(a) Co-location of wireless communications facil-
ities per BMC 20.46.140;
(b) Community facility;
(c) Day care;
(d) Drinking place;
(e) Education and school;
(f) Entertainment use;
(g) Finance, insurance and real estate;
(h) Fully enclosed boat storage;
(i) General office and business service;
(j) General retail;
(k) Hospital;
(l) Hotel and lodging place;
(m) Medical office and clinic;
(n) Museum and gallery;
(o) Park, playground, and open space;
(p) Personal service;
(q) Physical fitness and health club;
(r) Public administration use;
(s) Recycling collection station;
(t) Residential of all types except group residen-
tial facility - Class II;
(u) Restaurant;
(v) Senior housing complex;
(w) Transportation facility;
(x) Veterinary clinic. (Ord. 5301 §3 (Exh. B)
(part), 2016: 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.
(c) Dry storage of marine vessels commonly
referred to as dry stacking, provided:
(1) Located along Pennsylvania or Thompson
Avenue;
(2) The maximum height of dry stacking may
not exceed fifty (50) feet; and
(3) The dry stacking facility will not substan-
tially obscure existing views to the water from existing
residences.
(d) Light industrial/manufacturing, excluding
marijuana production or processing for distribution,
provided:
(1) The applicant can demonstrate that the use
will not significantly detract from the visual character of
the neighborhood;
(2) Building Design. All structures shall have
the appearance of a multistory building that emulates a
commercial office or multifamily structure;
(3) Development/Design Standards. Must
meet all the development and design criteria in BMC
20.62.060 and 20.62.070;
(4) No odor, dust or smoke byproduct will be
detectable off site and the use meets the noise provisions
of Chapter 6.32 BMC;
(Revised 7/16)20.62-2
20.62.060
(5) 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; and
(6) Mini-storage facilities are allowed pro-
vided:
(i) Site Design. All storage units shall
gain access from the interior of the site. Doors for the
storage units may not face the public right-of-way with
the exception of alleys;
(ii) Outdoor Storage. Storage of boats,
RVs, vehicles, etc., or storage of outdoor pods or ship-
ping containers are considered outdoor storage subject
to BMC 20.62.070(b);
(iii) Hours of Operation. Mini-storage
facilities located adjacent to a residential zone shall not
operate or allow tenant access between the hours of
10:00 p.m. and 7:00 a.m.; and
(iv) Uses. Each storage unit shall be used
for storage only. No commercial or manufacturing
activities, vehicle repair or services, or related activities,
whether for business or personal purposes, are permitted
in any storage unit. (Ord. 5301 §3 (Exh. B) (part), 2016:
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;
(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 or medium density res-
idential zones (R-10 and R-10M) 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 or medium density res-
idential zones (R-10 and R-10M) where a ten (10) to
twenty (20) foot visual screen is required pursuant to
BMC 20.50.050(b).
(4) Maximum residential density: thirty (30)
units per acre; provided, that:
(i) Site design provides for internal cir-
culation connections for both pedestrians and vehicles
between all portions of the site;
(ii) Landscaping and/or screening adja-
cent to residential zones shall be provided per BMC
20.50.040(c).
(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 or medium density residential zones (R-10 and
R-10M) 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;
20.62-3 (Revised 7/16)
Bremerton Municipal Code 20.62.080
(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. 5301 §3
(Exh. B) (part), 2016: 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 or design elements shall be included to emulate
the presence of windows for 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 outdoor storage may be allowed if
screened from the public or private right-of-way and
adjacent residential uses with such types of screening
like a Type I visual screen pursuant to BMC
20.50.050(b)(1). In no case shall outdoor storage be
placed between the primary front building facade and
the public right-of-way. For nurseries, screening shall
be provided 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. 5301 §3
(Exh. B) (part), 2016: Ord. 5046 §8, 2008: Ord. 4950 §8
(Exh. A) (part), 2005)
20.62.080 PARKING REQUIREMENTS.
On-site parking shall be provided in accordance
with Chapter 20.48 BMC, and the following standards
shall be met:
(a) On-site parking shall be to the rear or to the
side of buildings on the site and shall not occupy more
than fifty (50) percent of the site frontage facing the
arterial street 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.
(Revised 7/16)20.62-4
20.62.090
(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. 5301 §3 (Exh. B) (part),
2016: 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. 5301 §3 (Exh. B)
(part), 2016: 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.
5301 §3 (Exh. B) (part), 2016: Ord. 4950 §8 (Exh. A)
(part), 2005)
20.70-1 (Revised 7/16)
Bremerton Municipal Code 20.70.060
Chapter 20.70
DISTRICT CENTER CORE (DCC)
Sections:
20.70.010 INTENT.
20.70.020 OUTRIGHT PERMITTED USES.
20.70.030 ACCESSORY 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 provide a mixed-use “town center” to support the sur-
rounding neighborhoods and general public. The DCC
provides opportunities for a variety of services includ-
ing commercial and residential development that
demonstrates planning and design to create a pedestrian
friendly community while still accommodating a certain
level of regional auto-dependent uses. (Ord. 5301 §3
(Exh. B) (part), 2016: 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 communications facil-
ity 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) Hospital, 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 of all types except group residen-
tial facility - Class II;
(v) Restaurant;
(w) School and education;
(x) Senior housing complex;
(y) Transportation facility;
(z) Veterinary clinic. (Ord. 5301 §3 (Exh. B)
(part), 2016: Ord. 5251 §5, 2014: Ord. 5008 §15, 2007:
Ord. 4950 §8 (Exh. A) (part), 2005)
20.70.030 ACCESSORY USES.
The following accessory uses may be permitted
when found in connection with a principal use:
(a) Mini-storage, provided:
(1) Mini-storage facilities are permitted as an
accessory use, and may not occupy more than fifty (50)
percent of the property’s building gross floor area. With
the exception of the mini-storage business office, mini-
storage facilities shall not be permitted upon the street
level of the multistory building where the primary
entrance is located.
(2) All storage units shall gain access from the
interior of the buildings or site, such as access from the
alley. No unit doors may face the street.
(3) Mini-storage facilities located adjacent to
a residential zone, shall:
(i) Not be visible from the residential
property. This may require that the property be screened
by a Type I visual screen per BMC 20.50.050 for the
facility loading bays, docks or doors.
(ii) Not operate or allow tenant access
between the hours of 10:00 p.m. and 7:00 a.m. The
Director may permit extended hours of operation if the
facility will not have significant noise impacts on the
adjacent properties.
(4) Outdoor Storage Prohibited. All goods
and property stored in a mini-storage facility shall be
stored in an enclosed building. No outdoor storage of
boats, RVs, vehicles, etc., or storage in outdoor pods or
shipping containers are permitted.
(5) Each storage unit shall be used for storage
only. No commercial or manufacturing activities, vehi-
cle repair or services, or related activities, whether for
business or personal purposes, are permitted in any stor-
age unit. (Ord. 5301 §3 (Exh. B) (part), 2016)
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
(Revised 7/16)20.70-2
20.70.070
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 or medium density residential zones
(R-10 and R-10M) where a ten (10) to twenty (20) foot
visual screen is required pursuant to BMC 20.50.050(b).
(c) Rear yard setback: zero (0) except when adja-
cent to the low or medium density residential zones
(R-10 and R-10M) where a ten (10) to twenty (20) foot
visual screen is required pursuant to BMC 20.50.050(b).
(d) There is no maximum density for residential
use.
(e) Maximum building coverage: sixty (60) per-
cent base maximum; provided, that through the use of
any combination of the following, building coverage
may be increased up to eighty-five (85) percent maxi-
mum:
(1) Projects containing mixed uses: ten (10)
percent bonus.
(2) Projects with a three (3) or four (4) story
building: ten (10) percent bonus; projects with five (5)
or more story building: fifteen (15) 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: eighty (80) feet
except:
(1) Structures within fifty (50) linear feet of
parcels zoned for low density residential shall not
exceed four (4) stories in height; and
(2) Structures within fifty (50) and one hun-
dred (100) linear feet of parcels zoned for low density
residential shall include architectural features to gradu-
ally transition the building height from four (4) stories to
a maximum height of eighty (80) feet at the one hundred
(100) foot distance from the low density residential
zoned parcel.
(h) Mixed-Use Requirement. All structures that
include residential uses located adjacent to, are oriented
towards, or are viewable from a public right-of-way (not
required on private streets) shall provide retail/commer-
cial uses along a minimum of sixty-five (65) percent of
the ground floor building facade. On corner lots, the
requirement shall be applied to both frontages facing a
public right-of way. Exceptions to this requirement will
be made for projects that comply with BMC
20.70.070(a)(3). (Ord. 5301 §3 (Exh. B) (part), 2016:
Ord. 5251 §6, 2014: 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
20.70-3 (Revised 7/16)
Bremerton Municipal Code 20.70.080
as benches, bike racks and trash receptacles, and plant-
ings in window boxes.
(3) Ground Oriented Uses. Ground oriented
uses must conform to either of the following:
(i) At least fifty (50) percent of the floor
area abutting the linear sidewalk level should be pedes-
trian-oriented.
(ii) The floor area abutting at least fifty
(50) percent of the linear sidewalk level frontage shall
be designed and constructed to accommodate future
conversion to pedestrian-oriented commercial uses and
may be occupied by any use permitted in the zoning dis-
trict. The areas designed and constructed to accommo-
date future conversion shall meet the following
standard, in addition to any other required basic or addi-
tional design standards:
(A) The sidewalk level facade must
include an entrance or entrances to accommodate a sin-
gle or multiple tenants or be structurally designed to
accommodate a single or multiple tenants when con-
verted to the building uses listed in BMC 20.70.020.
(4) Bulk. Building modulation shall be used
to reduce the appearance of mass and bulk of the struc-
ture. This can be achieved by utilizing any combination
of at least two (2) of the following:
(i) Setback of upper floors by at least ten
(10) feet. However, such setbacks shall not be applied to
more than fifty (50) percent of a facade facing a major
arterial.
(ii) Recessed or protruding doorways per
subsection (a)(3)(ii) of this section.
(iii) Overhangs, awnings, canopies, or
arcades between eight (8) and twelve (12) feet above the
sidewalk.
(iv) Window fenestration per subsection
(a)(1) of this section.
(5) Blank Facades. Building facades shall not
present a blank facade to view from public rights-of-
way, common parking areas, or residential properties.
Such facades may be broken by windows, trellises, col-
umns, variations in plane, or other devices that add vari-
ation and interest to the facade.
(6) Structures at the intersection of two (2)
arterial streets shall include a significant architectural
feature at the building corner that provides visual
emphasis at the corner. This may be accomplished in
one (1) or more of the following ways:
(i) The inclusion of a major entryway at
the corner. Such entryways must be marked by an
awning, recessed area, colonnade, or other architectural
feature that defines the entry.
(ii) The inclusion of a building element
the height of which varies from the remainder of the
building by at least ten (10) percent.
(iii) A plaza at the corner that includes a
fountain, artwork, or planting of at least ten (10) feet in
height.
(b) Site Design. In addition to other standards pro-
vided in this chapter, site design shall meet the follow-
ing requirements:
(1) 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. 5301 §3 (Exh. B) (part), 2016: 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. For legally estab-
lished existing buildings that comply with BMC
20.48.020(b) the parking will be exempt from the fol-
lowing 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
(Revised 7/16)20.70-4
20.70.090
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. (Ord. 5301 §3 (Exh. B) (part), 2016: 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 and the following standards shall be met:
(a) All development proposed on properties abut-
ting Almira Drive NE shall provide a Type II visual
screen as established in BMC 20.50.050(b). (Ord. 5301
§3 (Exh. B) (part), 2016: Ord. 5251 §7, 2014: 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.
5301 §3 (Exh. B) (part), 2016: Ord. 4950 §8 (Exh. A)
(part), 2005)
20.74-1 (Revised 7/16)
Bremerton Municipal Code 20.74.100
Chapter 20.74
BUSINESS CORE (BC)
Sections:
20.74.010 INTENT.
20.74.020 OUTRIGHT PERMITTED USES.
20.74.080 PARKING REQUIREMENTS.
20.74.090 LANDSCAPING STANDARDS.
20.74.100 SIGN STANDARDS.
20.74.010 INTENT.
The intent of this zone is detailed in the adopted
Downtown Regional Center Subarea Plan. This chapter
supplements the adopted plan. (Ord. 5301 §3 (Exh. B)
(part), 2016: Ord. 5046 §17 (part), 2008)
20.74.020 OUTRIGHT PERMITTED USES.
The following uses are permitted:
(a) Bed and breakfast;
(b) Co-location of wireless communications facil-
ity per BMC 20.46.140;
(c) Communication/broadcasting facility;
(d) Community facility;
(e) Day care facility;
(f) Detoxification center;
(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) Indoor automobile sales, service, repair, or car
wash;
(m) Indoor entertainment use;
(n) Indoor recreational facility;
(o) Hospital, medical office and clinic;
(p) Motion picture theater;
(q) Museum and gallery;
(r) Parking structure;
(s) Personal services business;
(t) Physical fitness and health club;
(u) Park, playground or open space;
(v) Public administration;
(w) Public facility;
(x) Residential use of all types;
(y) Restaurant and drinking place;
(z) School and education use;
(aa) Social services facility;
(bb)Transportation facility;
(cc) Veterinary clinic;
(dd)Welfare and charitable services and facility;
(ee) Worship and religious facility. (Ord. 5301 §3
(Exh. B) (part), 2016: Ord. 5046 §17 (part), 2008)
20.74.080 PARKING REQUIREMENTS.
In addition to the off-street parking requirements
set forth in Chapter 20.48 BMC, the automobile off-
street parking spaces shall be provided in accordance
with the Downtown Subarea Plan. (Ord. 5301 §3 (Exh.
B) (part), 2016: Ord. 5046 §17 (part), 2008)
20.74.090 LANDSCAPING STANDARDS.
Landscaping shall meet the standards of Chapter
20.50 BMC. (Ord. 5301 §3 (Exh. B) (part), 2016: Ord.
5046 §17 (part), 2008)
20.74.100 SIGN STANDARDS.
Signage shall meet the standards of Chapter 20.52
BMC. For freestanding signs, the maximum size and
height standards of Figure 20.52(a) shall apply. (Ord.
5301 §3 (Exh. B) (part), 2016: Ord. 5046 §17 (part),
2008)
20.75-1 (Revised 7/16)
Bremerton Municipal Code 20.75.110
Chapter 20.75
DOWNTOWN CORE (DC)
Sections:
20.75.010 INTENT.
20.75.020 OUTRIGHT PERMITTED USES.
20.75.050 PROHIBITED USES.
20.75.080 PARKING REQUIREMENTS.
20.75.090 LANDSCAPING.
20.75.100 SIGN STANDARDS.
20.75.110 CHANGE OF USE OR
REHABILITATION OF
EXISTING BUILDING.
20.75.010 INTENT.
The intent of this zone is detailed in the adopted
Downtown Regional Center Subarea Plan. This chapter
supplements the adopted plan. (Ord. 5301 §3 (Exh. B)
(part), 2016: Ord. 5046 §19 (part), 2008)
20.75.020 OUTRIGHT PERMITTED USES.
The following uses are permitted outright:
(a) Community facility;
(b) Drinking place;
(c) Education and school;
(d) Entertainment use;
(e) Finance, insurance and real estate;
(f) General retail;
(g) General office and business service;
(h) Hotel and lodging place;
(i) Hospital, medical office and clinic;
(j) Motion picture theater;
(k) Museum and gallery;
(l) Parks, playgrounds and open space;
(m) Parking structure;
(n) Personal service business;
(o) Public administration;
(p) Restaurant;
(q) Residential uses of all types;
(r) Transportation facility;
(s) Veterinary clinic;
(t) Worship and religious facilities;
(u) Mini-storage, as an accessory use, provided
access is not located on the ground floor where the
pedestrians oriented access is to the primary use, and the
design standards emulate an office-type or multifamily
structure from the view of the public street. (Ord. 5301
§3 (Exh. B) (part), 2016: Ord. 5046 §19 (part), 2008)
20.75.050 PROHIBITED USES.
The following uses are specifically prohibited:
(a) Light and heavy industrial/manufacturing
uses;
(b) Drive-through facility;
(c) Automobile sales, service, repair or car wash;
(d) Adult entertainment;
(e) Work release facility;
(f) Commercial surface parking lot not serving a
permitted use. (Ord. 5301 §3 (Exh. B) (part), 2016: Ord.
5046 §19 (part), 2008)
20.75.080 PARKING REQUIREMENTS.
In addition to the off-street parking requirements
set forth in Chapter 20.48 BMC, the automobile off-
street parking spaces shall be provided in accordance
with the Downtown Subarea Plan. (Ord. 5301 §3 (Exh.
B) (part), 2016: Ord. 5046 §19 (part), 2008)
20.75.090 LANDSCAPING.
Landscaping shall meet the standards of Chapter
20.50 BMC. (Ord. 5301 §3 (Exh. B) (part), 2016: Ord.
5046 §19 (part), 2008)
20.75.100 SIGN STANDARDS.
Signage shall meet the standards of Chapter 20.52
BMC. For freestanding signs the maximum size and
height standards of Figure 20.52(a) shall apply. (Ord.
5301 §3 (Exh. B) (part), 2016: Ord. 5046 §19 (part),
2008)
20.75.110 CHANGE OF USE OR
REHABILITATION OF EXISTING
BUILDING.
When an existing building or structure is remod-
eled, improved or a change in use or tenancy occurs, it
shall be exempt from off-street parking and landscaping
requirements; provided, that:
(a) The structure is not enlarged, extended or
structurally altered outside the existing building enve-
lope in a manner that would require additional parking
pursuant to Chapter 20.48 BMC. (Ord. 5301 §3 (Exh. B)
(part), 2016)
20.76-1 (Revised 7/16)
Bremerton Municipal Code 20.76.110
Chapter 20.76
DOWNTOWN WATERFRONT (DW)
Sections:
20.76.010 INTENT.
20.76.020 OUTRIGHT PERMITTED USES.
20.76.050 PROHIBITED USES.
20.76.080 PARKING REQUIREMENTS.
20.76.090 LANDSCAPING
REQUIREMENTS.
20.76.100 SIGN STANDARDS.
20.76.110 MEASURING HEIGHT.
20.76.010 INTENT.
The intent of this zone is detailed in the adopted
Downtown Regional Center Subarea Plan. This chapter
supplements the adopted plan. (Ord. 5301 §3 (Exh. B)
(part), 2016: Ord. 5046 §20 (part), 2008)
20.76.020 OUTRIGHT PERMITTED USES.
The following uses are permitted outright:
(a) Drinking places;
(b) General office and business services compris-
ing no more than twenty-five (25) percent of the total
gross floor area of a mixed-use development;
(c) General retail, including marine retail;
(d) Hospitals;
(e) Hotels and lodging places;
(f) Medical offices and clinics;
(g) Parks, playgrounds and open spaces;
(h) Residential uses of all types;
(i) Restaurants;
(j) Structured parking with other permitted uses;
(k) Transportation facilities;
(l) Veterinary clinics. (Ord. 5301 §3 (Exh. B)
(part), 2016: Ord. 5046 §20 (part), 2008)
20.76.050 PROHIBITED USES.
The following uses are specifically prohibited:
(a) Adult entertainment;
(b) Automobile sales, service, repair and car wash;
(c) Commercial surface parking lots not serving a
permitted use;
(d) Drive-through facilities and drive-through
lanes;
(e) Light and heavy industrial/manufacturing
uses;
(f) Stand-alone commercial parking not serving a
permitted use;
(g) Storage of equipment and materials;
(h) Work release facilities. (Ord. 5301 §3 (Exh. B)
(part), 2016: Ord. 5046 §20 (part), 2008)
20.76.080 PARKING REQUIREMENTS.
In addition to the off-street parking requirements
set forth in Chapter 20.48 BMC, the automobile off-
street parking spaces shall be provided in accordance to
the Downtown Subarea Plan. (Ord. 5301 §3 (Exh. B)
(part), 2016: Ord. 5046 §20 (part), 2008)
20.76.090 LANDSCAPING REQUIREMENTS.
Landscaping shall meet the standards in Chapter
20.50 BMC. (Ord. 5301 §3 (Exh. B) (part), 2016: Ord.
5046 §20 (part), 2008)
20.76.100 SIGN STANDARDS.
Signage shall meet the standards of Chapter 20.52
BMC. For freestanding signs, the maximum size and
height standards of Figure 20.52(a) shall apply. (Ord.
5301 §3 (Exh. B) (part), 2016: Ord. 5046 §20 (part),
2008)
20.76.110 MEASURING HEIGHT.
The maximum height shall be measured from the
average grade on Washington Avenue adjacent to the
subject property’s front lot line. (Ord. 5301 §3 (Exh. B)
(part), 2016: Ord. 5046 §20 (part), 2008)
20.78-1 (Revised 7/16)
Bremerton Municipal Code 20.78.040
Chapter 20.78
MEDIUM DENSITY RESIDENTIAL (R-10M)
Sections:
20.78.010 INTENT.
20.78.020 OUTRIGHT PERMITTED USES.
20.78.030 ACCESSORY USES.
20.78.040 CONDITIONAL USES.
20.78.060 DEVELOPMENT STANDARDS.
20.78.065 ALLOWABLE DENSITY AND
LOT AREA.
20.78.080 OFF-STREET PARKING
REQUIREMENTS.
20.78.090 LANDSCAPING
REQUIREMENTS.
20.78.100 SIGN STANDARDS.
20.78.010 INTENT.
The intent of the medium density residential
(R-10M) zoning district is to accommodate single-fam-
ily housing and existing medium density-type develop-
ment, and encourage redevelopment opportunities by
permitting a wider variety of housing types. Consis-
tency throughout the neighborhoods between low den-
sity residential (R-10) and medium density residential
shall be implemented. (Ord. 5301 §3 (Exh. B) (part),
2016)
20.78.020 OUTRIGHT PERMITTED USES.
Only one (1) principal use shall be allowed on each
residentially zoned lot unless allowed for otherwise by
law. This limitation shall not include permitted acces-
sory uses associated with a permitted principal use.
The following uses are permitted outright:
(a) Cemetery;
(b) Co-location of wireless communications per
BMC 20.46.140;
(c) Community facilities of twenty thousand
(20,000) square feet gross floor area or less;
(d) Day care facility of twelve (12) or fewer per-
sons receiving care;
(e) Education and schools (K-12) of twelve (12) or
fewer students;
(f) Foster home;
(g) Group residential home;
(h) Manufactured home per BMC 20.46.040;
(i) Parks, playgrounds and open space equal or
less than one-half (1/2) acre (twenty-one thousand seven
hundred eighty (21,780) square feet);
(j) Residential Uses.
(1) Single-unit dwelling unit, detached;
(2) Single-unit dwelling unit, attached (zero
(0) lot lines) per BMC 20.78.060(b);
(3) Duplexes (meeting underlying zoning
density);
(4) Townhouse (meeting underlying zoning
density);
(k) Worship and religious facilities of twenty
thousand (20,000) square feet gross floor area or less;
(l) Incubator for business associated with a wor-
ship and religious facility or community facility, pro-
vided the following conditions are met:
(1) The incubated business is a use that is per-
mitted outright in the neighborhood business zone,
BMC 20.82.020;
(2) Landscaping and signage requirements of
the neighborhood business zone, Chapter 20.82 BMC,
shall be met; and
(3) The parcel upon which the incubated busi-
ness is situated shall have frontage on an arterial street.
(Ord. 5301 §3 (Exh. B) (part), 2016)
20.78.030 ACCESSORY USES.
The following accessory uses may be permitted
when found in connection with a principal use:
(a) Attached or detached accessory dwelling unit
per BMC 20.46.010;
(b) Detached garage, carport, and parking facili-
ties for the residents of the property;
(c) Home occupation per BMC 20.46.030;
(d) Other necessary and customary uses deter-
mined by the Director to be appropriate, incidental and
subordinate;
(e) Playhouses, patios, cabanas, porches, gazebos,
swimming pools and incidental household storage
buildings. (Ord. 5301 §3 (Exh. B) (part), 2016)
20.78.040 CONDITIONAL USES.
The following uses may be permitted, provided a
conditional use permit is approved pursuant to BMC
20.58.020 subject to the corresponding conditions:
(a) Bed and breakfast, provided:
(1) The operators of the business shall occupy
the house as their primary residence;
(2) No more than one (1) full-time equivalent
(FTE) employee who is not a resident of the dwelling
may be employed;
(3) No more than six (6) bedrooms are made
available for rent to guests and all guest rooms are con-
tained within the principal structure;
(4) Two (2) off-street parking spaces, plus one
(1) off-street parking space per each guest bedroom, are
required;
(5) Off-street parking spaces may be reduced,
provided the applicant can demonstrate parking will not
spill over into nearby residential properties and any
streets;
(Revised 7/16)20.78-2
20.78.040
(6) Rooms shall not be made available to
guests for more than fourteen (14) days during any thirty
(30) day period;
(7) No commercial receptions, parties, or
other public gatherings, or serving of meals to nonresi-
dent guests for compensation, are allowed; and
(8) Any remodeling of the residential struc-
ture shall maintain the residential nature of the structure
and not alter the structure in such a manner that would
prevent it from being used as a residence in the future.
(b) Group residential facilities - Class I, provided:
(1) All state licensing requirements are satis-
fied;
(2) Minimum setbacks, height and lot cover-
age of the underlying zone shall apply;
(3) Off-street parking shall be at a minimum
of one (1) space per each employee during the peak
shift, plus one (1) space per two (2) residents the facility
will provide service to;
(4) If counseling services are provided to non-
residents, additional parking spaces are required at one
(1) per three hundred (300) square feet of gross floor
area used for counseling services;
(5) The number of required off-street parking
spaces may be reduced, provided the applicant can
demonstrate that parking will not spill over into nearby
residential properties and any streets; and
(6) Landscaping is provided meeting the min-
imum requirements for nonresidential uses prescribed in
Chapter 20.50 BMC. Additional landscaping for screen-
ing purposes may be required if it is found necessary to
mitigate any impacts to adjoining residential properties.
(c) Senior housing complex, provided the follow-
ing conditions are satisfied:
(1) Minimum site area shall be no less than
two (2) acres;
(2) Minimum setbacks, density, height and lot
coverage of the underlying zone shall apply;
(3) Off-street parking shall be a minimum one
(1) space per dwelling;
(4) Except for a community building/club-
house for the exclusive use of complex residents, all
accessory uses shall be located within a structure con-
taining residential units;
(5) Attached or detached structure types are
permitted and dwelling units may be owned by individ-
uals or occupied as rentals;
(6) Access to alternative transportation such
as public transit or on-site shuttle services to access
daily goods or services shall be provided; and
(7) A management agreement or covenants on
individual properties to maintain the complex as a senior
citizen complex shall be recorded with the Kitsap
County Auditor’s office.
(d) Nursing/convalescent homes, provided:
(1) All state licensing requirements are satis-
fied;
(2) Minimum site area shall be no less than
one (1) acre;
(3) Minimum setbacks, height and lot cover-
age of the underlying zone shall apply;
(4) Off-street parking shall be a minimum of
one (1) space per six hundred (600) square feet of gross
floor area;
(5) The number of required off-street parking
spaces may be reduced, provided the applicant can
demonstrate that parking will not spill over into nearby
residential properties and any streets; and
(6) Landscaping is provided meeting the min-
imum requirements for nonresidential uses prescribed in
Chapter 20.50 BMC. Additional landscaping for screen-
ing purposes may be required if it is found necessary to
mitigate any impacts to adjoining residential properties.
(e) Day care facilities (thirteen (13) or more per-
sons receiving care), provided:
(1) All state licensing requirements are satis-
fied;
(2) Off-street parking shall be a minimum one
(1) space per each five (5) children based on the state
license maximum occupancy load;
(3) One (1) loading/unloading space without
backup is required for the first twenty (20) children and
one (1) additional space for up to each additional twenty
(20) children;
(4) The number of required off-street parking
spaces may be reduced, provided the applicant can
demonstrate that parking will not spill over into nearby
residential properties and any streets;
(5) Landscaping is provided meeting the min-
imum requirements for nonresidential uses prescribed in
Chapter 20.50 BMC. Additional landscaping for screen-
ing purposes may be required if it is found necessary to
mitigate any impacts to adjoining residential properties;
and
(6) The maximum height of a fence or wall
within a front yard setback may be increased up to six
(6) feet, provided it enhances safety and security of an
outdoor play area.
(f) Adaptive reuse of commercial buildings, pro-
vided the conditions set forth in BMC 20.46.070 are sat-
isfied.
(g) Worship, religious, and community facilities
greater than twenty thousand (20,000) square feet, pro-
vided:
(1) The site area shall be one (1) acre or more;
and
(2) Landscaping is provided meeting the min-
imum requirements for nonresidential uses prescribed in
20.78-3 (Revised 7/16)
Bremerton Municipal Code 20.78.060
Chapter 20.50 BMC. Additional landscaping for screen-
ing purposes may be required if it is found necessary to
mitigate any impacts to adjoining residential properties.
(h) Golf course, provided:
(1) A site plan review and a site development
permit are approved pursuant to Chapter 20.58 BMC;
(2) Through the conditional use permit, mod-
ifications to parking and landscaping may be allowed in
order to facilitate good design;
(3) Other conditions are applied as deemed
necessary to mitigate impacts to nearby residential prop-
erties and ensure compatibility with the neighborhood.
(i) Schools, parks and associated uses may be
approved in accordance with the following:
(1) The following uses are permitted through
approval of a conditional use permit:
(i) All public schools and associated
gymnasiums and auditoriums;
(ii) Private schools (K-12) with thirteen
(13) or more students;
(iii) Parks and playgrounds greater than
one-half (1/2) acre;
(iv) Outdoor athletic fields;
(v) Boat launching and related facilities;
(vi) Maintenance and service yards;
(vii)Bus and other vehicle and equipment
maintenance and storage facilities;
(viii)Administrative office related to the
facilities greater than two thousand (2,000) square feet
gross floor area;
(ix) Buildings and structures for nonprofit
groups on public lands;
(2) Uses permitted pursuant to subsection
(j)(1) of this section shall be subject to complying with
the following conditions:
(i) Front, side and rear yard setbacks of
structures and outdoor storage areas shall be at least
thirty (30) feet;
(ii) Setbacks may be reduced for those
portions of a structure fronting interior streets;
(iii) The maximum height for any new
construction may be increased to match the architecture
of existing buildings; provided, that it is set back an
additional foot from any property line for each addi-
tional foot of allowed height, and in no case shall the
new construction exceed forty-five (45) feet;
(iv) Landscaping is provided meeting the
minimum requirements for nonresidential uses pre-
scribed in Chapter 20.50 BMC. Additional landscaping
for screening purposes may be required if it is found
necessary to mitigate any impacts to adjoining residen-
tial properties;
(v) Additional measures may be required
if deemed necessary to mitigate any noise impacts to
adjacent residential uses; and
(vi) The maximum height of a fence or
wall within a front yard setback may be increased to six
(6) feet, provided it enhances safety and security around
an outdoor play area.
(j) Public utility facilities located above ground,
provided:
(1) Landscaping is provided meeting the min-
imum requirements for nonresidential uses prescribed in
Chapter 20.50 BMC. Additional landscaping for screen-
ing purposes may be required if it is found necessary to
mitigate any impacts to adjoining residential properties;
(2) The maximum height of a fence or wall
may be increased within a front yard setback that will
provide screening from adjacent uses and enhance
safety and security around the facility; and
(3) Exceptions to setbacks may be allowed if
the applicant can demonstrate that the public interest is
better served by allowing the modification.
(k) Law enforcement and fire facilities, provided:
(1) Landscaping is provided meeting the min-
imum requirements for nonresidential uses prescribed in
Chapter 20.50 BMC. Additional landscaping for screen-
ing purposes may be required if it is found necessary to
mitigate any impacts to adjoining residential properties.
(2) The maximum height of a fence or wall
may be increased within a front yard setback that will
provide screening from adjacent uses and enhance
safety and security around the facility. (Ord. 5301 §3
(Exh. B) (part), 2016)
20.78.060 DEVELOPMENT STANDARDS.
(a) Lot Standards. Lot development requirements
shall be in accordance with this section and the follow-
ing standards unless allowed for by law otherwise:
(1) Setbacks.
(i) Minimum front yard setback is fifteen
(15) feet;
(ii) Minimum side yard setback is five (5)
feet;
(iii) Minimum rear yard setback is fifteen
(15) feet.
(2) Maximum structure height is thirty-five
(35) feet.
(3) Maximum structure height in R-10 areas
within the downtown regional center shall be pursuant
to Figure 20.74(a) and shall supersede subsection (a)(2)
of this section.
(4) Minimum lot width is thirty (30) feet.
(5) Maximum development coverage is sixty
(60) percent.
(Revised 7/16)20.78-4
20.78.065
(b) Zero (0) Lot Line (ZLL) Development. An
attached single-family dwelling and/or garage structure
may have a single shared side or rear lot line, and a set-
back reduced to zero (0), provided the structure com-
plies with building code fire separation requirements.
(c) Accessory Structures. The following standards
shall apply but are not limited to: garages, carports,
shops, barns, covered patios, cabanas, gazebos, and inci-
dental household storage buildings, excluding accessory
dwelling units per BMC 20.46.010 and structures not
requiring a building permit:
(1) The maximum area for all accessory struc-
tures shall be eighty (80) percent of the principal resi-
dential use not to exceed one thousand two hundred
(1,200) square feet.
(2) Setbacks of detached accessory structures
are pursuant to BMC 20.44.060.
(d) Garages, Storage Buildings and Shops.
(1) Any garage, storage building or shop
structure shall be designed so that the appearance of the
building remains that of a single-family residence
including the following:
(i) Constructed of similar materials as
the principal unit;
(ii) A roof of equal or greater pitch as the
principal unit;
(iii) A height no more than twenty-five
(25) percent greater than the principal unit not to exceed
thirty-five (35) feet.
(2) Any garage, storage building, or shop may
be exempt from the accessory structure size require-
ments provided it is contained within the principal unit.
(3) Garage, Carport, and Shop Vehicle
Entrance Setbacks. When the vehicle entrance faces the
street, the garage, carport, or shop shall have a front yard
setback of at least twenty (20) feet, except as provided
in BMC 20.44.020 (Traditional front yard).
(e) Lot Area for Parks and Schools. Parks and
schools may exceed maximum lot area requirements if
approved by a conditional use permit. (Ord. 5301 §3
(Exh. B) (part), 2016)
20.78.065 ALLOWABLE DENSITY AND LOT
AREA.
The purpose of this section is to establish compati-
ble levels of density within existing neighborhoods. The
intent is to allow infill residential development. The fol-
lowing density and lot area standards are applicable to
development within the zone:
(a) Minimum Density. The minimum required
density is five (5) dwellings per acre.
(b) Maximum Density. The maximum allowed
density is ten (10) dwellings per acre.
(c) Maximum Lot Area. The maximum lot area is
eight thousand seven hundred twelve (8,712) square
feet, with the following exceptions:
(1) The lot area may be modified through the
approval of a residential cluster development pursuant
to BMC 20.58.060;
(2) One (1) lot within a proposal for a division
of land may exceed eight thousand seven hundred
twelve (8,712) square feet, provided the remaining lots
do not exceed the eight thousand seven hundred twelve
(8,712) square foot maximum lot size; and
(3) A flag lot that complies with the require-
ments in BMC 20.44.100 may exceed eight thousand
seven hundred twelve (8,712) square feet, provided the
total area of the flag lot does not exceed thirteen thou-
sand sixty-eight (13,068) square feet.
(d) Minimum Lot Area. The minimum allowed lot
area is four thousand three hundred (4,300) square feet.
(e) Exception to Minimum Lot Areas.
(1) The minimum lot area may be modified
through the approval of a residential cluster develop-
ment pursuant to BMC 20.58.060, provided the devel-
opment complies with the maximum density
requirement set forth in subsection (b) of this section.
(Ord. 5301 §3 (Exh. B) (part), 2016)
20.78.080 OFF-STREET PARKING
REQUIREMENTS.
Off-street parking shall be provided in accordance
with the requirements set forth in Chapter 20.48 BMC.
(Ord. 5301 §3 (Exh. B) (part), 2016)
20.78.090 LANDSCAPING REQUIREMENTS.
Landscaping shall be provided in accordance with
the requirements set forth in Chapter 20.50 BMC. (Ord.
5301 §3 (Exh. B) (part), 2016)
20.78.100 SIGN STANDARDS.
Signs shall meet the standards of Chapter 20.52
BMC and the following:
(a) One (1) sign with a sign area of up to eight (8)
square feet may be allowed to advertise a permitted bed
and breakfast, provided it matches the architectural fea-
tures of the primary residence.
(b) For a home occupation sign, the residential dis-
trict sign regulations in BMC 20.52.120 shall apply.
(c) When an established business use is located in
the medium density residential zone, the special purpose
sign regulations in BMC 20.52.130 shall apply. (Ord.
5301 §3 (Exh. B) (part), 2016)
20.79-1 (Revised 7/16)
Bremerton Municipal Code 20.79.060
Chapter 20.79
MULTIFAMILY RESIDENTIAL (R-20)
Sections:
20.79.010 INTENT.
20.79.020 OUTRIGHT PERMITTED USES.
20.79.030 ACCESSORY USES.
20.79.040 CONDITIONAL USES.
20.79.060 DEVELOPMENT STANDARDS.
20.79.080 PARKING REQUIREMENTS.
20.79.090 LANDSCAPING
REQUIREMENTS.
20.79.100 SIGN STANDARDS.
20.79.010 INTENT.
The intent of the multifamily residential (R-20)
zoning district is to provide a high standard of develop-
ment for residential multifamily type structures and to
provide a variety of housing options for a wide diversity
of people, within neighborhoods that are currently
developed with multifamily development. In addition to
supporting the adopted Downtown Subarea Plan. (Ord.
5301 §3 (Exh. B) (part), 2016: Ord. 5046 §21 (part),
2008: Ord. 4950 §8 (Exh. A) (part), 2005)
20.79.020 OUTRIGHT PERMITTED USES.
The following uses are permitted outright:
(a) Co-location of wireless communications per
BMC 20.46.140;
(b) Residential Use. Residential uses include:
(1) Day care facility (twelve (12) or fewer
persons receiving care);
(2) Foster home;
(3) Class I group residential facility;
(4) Multi-unit dwelling units;
(5) Single-unit dwelling unit, attached (zero
(0) lot lines);
(6) Single-unit dwelling unit, detached;
(7) Townhouses;
(8) Duplexes. (Ord. 5301 §3 (Exh. B) (part),
2016: Ord. 5046 §21 (part), 2008: Ord. 4950 §8 (Exh.
A) (part), 2005)
20.79.030 ACCESSORY USES.
The following accessory uses may be permitted
when found in connection with a principal use:
(a) Attached or detached accessory dwelling unit
per BMC 20.46.010;
(b) Detached garage, carport, and parking facili-
ties for the residents of the property;
(c) Home occupation per BMC 20.46.030;
(d) Other necessary and customary uses deter-
mined by the Director to be appropriate, incidental and
subordinate;
(e) Playhouses, patios, cabanas, porches, gazebos,
swimming pools and incidental household storage
buildings. (Ord. 5301 §3 (Exh. B) (part), 2016: Ord.
5046 §21 (part), 2008: Ord. 4950 §8 (Exh. A) (part),
2005)
20.79.040 CONDITIONAL USES.
The following conditional uses shall be permitted
pursuant to BMC 20.58.020, provided the conditional
use complies with the corresponding standard as listed
in BMC 20.60.040 (low density residential (R-10)
zone):
(a) Bed and breakfast;
(b) Senior housing complex;
(c) Nursing/convalescent home;
(d) Day care facilities (more than twelve (12) per-
sons receiving care);
(e) Worship, religious, and community facilities;
(f) Schools, parks and associated facilities of the
types set forth in BMC 20.60.040(j). (Ord. 5301 §3
(Exh. B) (part), 2016: Ord. 5111 §5, 2010: Ord. 5046
§21 (part), 2008: Ord. 4950 §8 (Exh. A) (part), 2005)
20.79.060 DEVELOPMENT STANDARDS.
(a) For properties located within the downtown
regional center, the Downtown Subarea Plan will regu-
late development standards. The following development
standards listed are for all other locations where the
R-20 zone is located.
(b) Lot Standards. Lot development requirements
shall be in accordance with this section and the follow-
ing standards unless allowed for by law otherwise:
(1) Setbacks.
(i) Minimum front yard setback is fifteen
(15) feet;
(ii) Minimum side yard setback is five (5)
feet;
(iii) Minimum rear yard setback is fifteen
(15) feet.
(2) Maximum structure height is forty-five
(45) feet, except that conditionally allowed uses per
BMC 20.79.040 may be sixty (60) feet unless otherwise
noted.
(3) Minimum lot width is thirty (30) feet.
(4) Maximum development coverage is sixty
(60) percent.
(b) Zero (0) Lot Line (ZLL) Development. An
attached single-family dwelling and/or garage structure
may have a single shared side or rear lot line, and a set-
back reduced to zero (0), provided the structure com-
plies with building code fire separation requirements.
(Revised 7/16)20.79-2
20.79.080
(c) Garages, Storage Buildings and Shops.
(1) Garage, Carport, and Shop Vehicle
Entrance Setbacks. When the vehicle entrance faces the
street, the garage, carport, or shop shall have a front yard
setback of at least twenty (20) feet, except as provided
in BMC 20.44.020 (Traditional front yard).
(d) Lot Area for Parks and Schools. Parks and
schools may exceed maximum lot area requirements if
approved by a conditional use permit.
(e) Minimum density: five (5) dwelling units per
acre.
(f) Maximum density: twenty (20) dwelling units
per acre. (Ord. 5301 §3 (Exh. B) (part), 2016)
20.79.080 PARKING REQUIREMENTS.
In addition to the off-street parking requirements
set forth in Chapter 20.48 BMC, the automobile off-
street parking spaces located within the downtown
regional center shall be provided in accordance to the
Downtown Subarea Plan. (Ord. 5301 §3 (Exh. B) (part),
2016: Ord. 5046 §21 (part), 2008: Ord. 4950 §8 (Exh.
A) (part), 2005)
20.79.090 LANDSCAPING REQUIREMENTS.
Landscaping shall meet the standards of Chapter
20.50 BMC. (Ord. 5301 §3 (Exh. B) (part), 2016: Ord.
5046 §21 (part), 2008: Ord. 4950 §8 (Exh. A) (part),
2005)
20.79.100 SIGN STANDARDS.
Signage shall meet the standards of Chapter 20.52
BMC. (Ord. 5301 §3 (Exh. B) (part), 2016: Ord. 5046
§21 (part), 2008: Ord. 4950 §8 (Exh. A) (part), 2005)
20.82-1 (Revised 7/16)
Bremerton Municipal Code 20.82.060
Chapter 20.82
NEIGHBORHOOD BUSINESS (NB)
Sections:
20.82.010 INTENT.
20.82.020 OUTRIGHT PERMITTED USES.
20.82.030 PROHIBITED USES.
20.82.060 DEVELOPMENT STANDARDS.
20.82.070 DESIGN 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 that
reflect the scale and character of surrounding neighbor-
hoods. The NB zone shall include uses such as small
groceries, convenience stores, offices, restaurants, and
mixed use opportunities. (Ord. 5301 §3 (Exh. B) (part),
2016: 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 communications facil-
ities per BMC 20.46.140;
(c) Community facility;
(d) Day care facility;
(e) Drinking place;
(f) Entertainment uses;
(g) Finance, insurance and real estate;
(h) General office and business services;
(i) General retail;
(j) Hotels and lodging places;
(k) Medical offices and clinics;
(l) Museum and gallery;
(m) Park, playground and open space;
(n) Personal services;
(o) Public administration;
(p) Recycling collection station;
(q) Residential as a secondary use;
(r) Restaurant drinking place;
(s) Senior housing complex;
(t) Transportation facility;
(u) Veterinary clinic;
(v) Worship and religious facility. (Ord. 5301 §3
(Exh. B) (part), 2016: Ord. 4950 §8 (Exh. A) (part),
2005)
20.82.030 PROHIBITED USES.
(a) Drive-through facilities. (Ord. 5301 §3 (Exh.
B) (part), 2016: 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
(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 a residential zone where a ten (10) to twenty (20)
foot visual screen is required pursuant to BMC
20.50.050(b);
(c) Rear yard setback: zero (0) except when adja-
cent to a residential zone where a ten (10) to twenty (20)
foot visual screen is required pursuant to BMC
20.50.050(b);
(d) Maximum building size: nonresidential uses
may not exceed a footprint of fifteen thousand (15,000)
gross square feet;
(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:
(Revised 7/16)20.82-2
20.82.070
(1) Projects containing mixed uses: twenty
(20) percent bonus;
(2) Projects within a two (2) or three (3) story
building: ten (10) percent bonus;
(3) Projects providing a pedestrian-oriented
plaza or area of at least one hundred fifty (150) square
feet along a pedestrian walkway at an intersection cor-
ner, bus stop or other key pedestrian area approved by
the city. Such areas shall contain seating for at least four
(4) people, a trash receptacle and three (3) or more of the
following: a pedestrian shelter, a drinking fountain, a
bike rack, pedestrian-scale lights, pavers on the walk-
way surfaces, a kiosk, a street vendor station providing
food or beverages, trees, a statue or sculpture, or a pub-
lic restroom. Interior courtyards with these amenities
qualify if they would be readily apparent and accessible
to pedestrians on adjoining sidewalks: ten (10) percent
bonus;
(4) Projects providing a through-block corri-
dor that facilitates pedestrian access in a location
approved by the city: five (5) percent bonus;
(5) Projects providing at least fifty (50) per-
cent of their required parking underground or within the
building: twenty (20) percent bonus;
(f) Maximum development coverage: maximum
coverage by impervious surfaces seventy-five (75) per-
cent; provided, that through the use of any combination
of the mechanisms listed in subsections (e)(1) through
(5) of this section, up to ninety-five (95) percent maxi-
mum development coverage may be allowed;
(g) Maximum building height: thirty-five (35)
feet;
(h) There is no maximum density for residential as
a secondary use;
(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. 5301 §3 (Exh. B) (part), 2016: Ord. 5222
§17, 2013; Ord. 5046 §22, 2008; Ord. 4977 §13, 2006;
Ord. 4950 §8 (Exh. A) (part), 2005)
20.82.070 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) 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 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.
20.82-3 (Revised 7/16)
Bremerton Municipal Code 20.82.110
(iii) A plaza at the corner that includes a
fountain, artwork, or planting of at least ten (10) feet in
height. (Ord. 5301 §3 (Exh. B) (part), 2016)
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 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.
(d) Driveways providing access to parking area
shall be well-defined, highly visible entryways. (Ord.
5301 §3 (Exh. B) (part), 2016: 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. 5301 §3 (Exh. B) (part), 2016: 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.
5301 §3 (Exh. B) (part), 2016: Ord. 4950 §8 (Exh. A)
(part), 2005)
20.86-1 (Revised 7/16)
Bremerton Municipal Code 20.86.060
Chapter 20.86
FREEWAY CORRIDOR (FC)
Sections:
20.86.010 INTENT.
20.86.020 OUTRIGHT PERMITTED USES.
20.86.040 CONDITIONAL USES.
20.86.050 PROHIBITED USES.
20.86.060 DEVELOPMENT STANDARDS.
20.86.070 DESIGN STANDARDS.
20.86.080 PARKING REQUIREMENTS.
20.86.090 LANDSCAPING
REQUIREMENTS.
20.86.100 SIGN STANDARDS.
20.86.010 INTENT.
The intent of the freeway corridor (FC) zone is to
identify areas for commercial activities that will typi-
cally be region-serving in nature and scale. Uses in the
zone benefit from high visibility from freeways serving
the region, incorporate signage legible to fast-moving
traffic, provide large areas for parking, and may include
large-scale structures and/or outdoor display or storage
areas. Design standards, buffering and/or other tech-
niques are used to mitigate the effects of the intense uses
allowed in the FC zone on less intense adjacent uses.
(Ord. 5301 §3 (Exh. B) (part), 2016: Ord. 4950 §8 (Exh.
A) (part), 2005)
20.86.020 OUTRIGHT PERMITTED USES.
In the freeway corridor zone all uses are permitted
outright except for those uses set forth as conditional
uses per BMC 20.86.040, and those uses prohibited per
BMC 20.86.050. (Ord. 5301 §3 (Exh. B) (part), 2016:
Ord. 4950 §8 (Exh. A) (part), 2005)
20.86.040 CONDITIONAL USES.
A conditional use permit, which is approved pursu-
ant to BMC 20.58.020, may permit the following uses:
(a) Heavy industrial/manufacturing, provided:
(1) All standards of the noise levels ordi-
nance, Chapter 6.32 BMC, are met;
(2) No unshielded light or glare will be visible
during periods of darkness in a residential zone;
(3) No odor, dust or smoke byproduct will be
clearly detectable on any adjacent or adjoining commer-
cial or residential lot;
(4) The applicant can demonstrate that the use
will not significantly detract from the visual character of
the area as seen from public rights-of-way or any adja-
cent lot. Unkept or unsightly storage, refuse, yard, or
equipment areas are elements with the potential to neg-
atively impact visual character.
(b) Adult business per BMC 20.46.110.
(c) Class II group residential facilities, provided:
(1) The facility will not create an operational
conflict with the efficiency of large-scale freeway-ori-
ented commercial use. (Ord. 5301 §3 (Exh. B) (part),
2016: Ord. 5177 §4, 2012: Ord. 4950 §8 (Exh. A) (part),
2005)
20.86.050 PROHIBITED USES.
The following uses are prohibited in the freeway
corridor zone:
(a) Residential, as a primary or secondary use,
except for Class II group residential facilities as a con-
ditional use per BMC 20.86.040;
(b) Recreational vehicle park;
(c) Junk yard;
(e) Motion picture theater;
(d) Any use with significant adverse impacts on
less intense uses in neighboring residential zones, deter-
mined by the City by having any combination of the fol-
lowing criteria:
(1) Noise Encroachment. Generation of sound
not meeting the provisions of the noise levels ordinance,
Chapter 6.32 BMC;
(2) Light/Glare Encroachment. Unshielded
glare visible during periods of darkness in an adjacent
residential zone;
(3) Odor, Dust or Smoke Encroachment.
Emission of an odor, dust or smoke byproduct clearly
detectable in any residential zone. (Ord. 5301 §3 (Exh.
B) (part), 2016: Ord. 4950 §8 (Exh. A) (part), 2005)
20.86.060 DEVELOPMENT STANDARDS.
Lot development requirements shall be in accor-
dance with the following standards unless allowed for
by law otherwise:
(a) Minimum front yard setback: twenty (20) feet;
(b) Minimum side yard setback: zero (0) except
when adjacent to the low or medium density residential
zones (R-10 and R-10M) where a ten (10) to twenty (20)
foot visual screen is required pursuant to BMC
20.50.050(b);
(c) Rear yard setback: zero (0) except when adja-
cent to the low or medium density residential zones
(R-10 and R-10M) where a ten (10) to twenty (20) foot
visual screen is required pursuant to BMC 20.50.050(b);
(d) No maximum building coverage, except all
setback and landscaping requirements shall be met;
(e) No maximum development coverage, except
all setback and landscaping standards shall be met;
(f) Maximum building height: sixty (60) feet.
(Ord. 5301 §3 (Exh. B) (part), 2016: Ord. 5046 §26,
2008; Ord. 4950 §8 (Exh. A) (part), 2005)
(Revised 7/16)20.86-2
20.86.070
20.86.070 DESIGN STANDARDS.
The following design standards shall be met:
(a) Bulk. The horizontal dimension of any struc-
ture facing a public right-of-way shall include visual
treatment at intervals not to exceed one hundred (100)
feet, for a width of not less than twenty (20) feet. Visual
treatment shall be one or more of the following types:
(1) An offset with a minimum depth of five
(5) feet;
(2) A facade material, texture or color that is
visually different and distinct from the base material,
texture or color.
(b) Curb Cuts. The number of curb cut site entries
from public rights-of-way shall be limited to the mini-
mum number of curb cuts required for safe and efficient
vehicle circulation into and out of the site. No curb cut
width may exceed forty-eight (48) feet. (Ord. 5301 §3
(Exh. B) (part), 2016: Ord. 4950 §8 (Exh. A) (part),
2005)
20.86.080 PARKING REQUIREMENTS.
Parking shall meet the standards of Chapter 20.48
BMC. (Ord. 5301 §3 (Exh. B) (part), 2016: Ord. 4950
§8 (Exh. A) (part), 2005)
20.86.090 LANDSCAPING REQUIREMENTS.
Landscaping shall meet the standards of Chapter
20.50 BMC and the following requirements:
(a) Buffers and screening adjacent to rights-of-
way. All off-street parking areas, vehicle storage areas,
and outdoor storage or work areas, except for those
areas for display of vehicles or products for sale or lease,
shall be screened or buffered from public rights-of-way
by any combination of the following:
(1) Five (5) foot wide landscaped buffer with
evergreen hedge or other screen plantings of a size that
will provide an immediate effective visual screen hav-
ing a minimum height of five (5) feet;
(2) Solid fence or wall a minimum of five (5)
feet in height unless modified by the City to correct a
visibility obstruction; or
(3) An earthen berm planted with grass,
shrubs, or other groundcover and having an effective
visual height of at least five (5) feet;
(b) Buffers or screening between commercial
uses. The City may determine that landscape buffering
or screening is required along an interior property line
shared by commercial uses in cases where a higher
intensity use such as light or heavy manufactur-
ing/industry abuts a commercial use that is frequently
visited by members of the public. Such buffering or
screening is intended to minimize potential conflicts.
(Ord. 5301 §3 (Exh. B) (part), 2016: Ord. 4950 §8 (Exh.
A) (part), 2005)
20.86.100 SIGN STANDARDS.
Signs shall meet the standards of Chapter 20.52
BMC. For freestanding signs, the maximum size and
height standards of Figure 20.52(a) shall apply. (Ord.
5301 §3 (Exh. B) (part), 2016: Ord. 4950 §8 (Exh. A)
(part), 2005)
20.92-1 (Revised 7/16)
Bremerton Municipal Code 20.92.040
Chapter 20.92
EMPLOYMENT CENTER (EC)
Sections:
20.92.010 INTENT.
20.92.020 OUTRIGHT PERMITTED USES.
20.92.030 ACCESSORY 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. 5301 §3 (Exh. B) (part), 2016: Ord.
4950 §8 (Exh. A) (part), 2005)
20.92.020 OUTRIGHT PERMITTED USES.
The following uses are permitted outright:
(a) Co-location of wireless communications facil-
ities per BMC 20.46.140;
(b) Community facility;
(c) Day care facility;
(d) General office and business services;
(e) Finance, insurance and real estate;
(f) General retail;
(g) Hospitals;
(h) Hotels and lodging places;
(i) Medical offices and clinics;
(j) Outdoor athletic fields;
(k) Parks, playgrounds and open space;
(l) Personal service;
(m) Physical fitness and health clubs;
(n) Public administration;
(o) Residential uses of all types except group resi-
dential facility - Class II;
(p) Restaurants and drinking places;
(q) Schools and education uses;
(r) Transportation facility;
(s) Veterinary clinic;
(t) Worship and religious facility. (Ord. 5301 §3
(Exh. B) (part), 2016: Ord. 5249 §13, 2014: Ord. 5222
§21, 2013: Ord. 5008 §23, 2007: Ord. 4950 §8 (Exh. A)
(part), 2005)
20.92.030 ACCESSORY USES.
The following accessory uses may be permitted
when found in connection with a principal use:
(a) Light industrial/manufacturing to support the
associated primary use, such as development of prod-
ucts on site, provided the business is primarily involved
in the products distribution (general retail).
(1) The applicant shall demonstrate that the
use will not significantly detract from the visual charac-
ter as seen from public rights-of-way or any adjacent lot.
This accessory use shall be fully screened or fully
enclosed, with no outdoor storage visible from the right-
of-way or adjacent lot.
(b) Mini-storage, provided:
(1) Mini-storage facilities are permitted as an
accessory use, and may occupy no more than fifty (50)
percent of the property’s building gross floor area. With
the exception of the mini-storage business office, mini-
storage facilities shall not be permitted upon the street
level of the multistory building where the primary
entrance is located.
(2) All storage units shall gain access from the
interior of the buildings or site, such as access from the
alley. No unit doors may face the street.
(3) Mini-storage facilities located adjacent to
a residential zone shall:
(i) Not be visible from the residential
property. This may require that the property be screened
by a Type I visual screen per BMC 20.50.050 for the
facility loading bays, docks or doors.
(ii) Not operate or allow tenant access
between the hours of 10:00 p.m. and 7:00 a.m. The
Director may permit extended hours of operation if the
facility will not have significant noise impacts on the
adjacent properties.
(4) Outdoor Storage Prohibited. All goods
and property stored in a mini-storage facility shall be
stored in an enclosed building. No outdoor storage of
boats, RVs, vehicles, etc., or storage in outdoor pods or
shipping containers is permitted.
(5) Each storage unit shall be used for storage
only. No commercial or manufacturing activities, vehi-
cle repair or services, or related activities, whether for
business or personal purposes, are permitted in any stor-
age unit. (Ord. 5301 §3 (Exh. B) (part), 2016)
20.92.040 CONDITIONAL USES.
The following uses may be permitted, provided a
conditional use permit is approved pursuant to BMC
20.58.020:
(Revised 7/16)20.92-2
20.92.060
(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. This use shall be
fully screened or fully enclosed, with no outdoor storage
visible from the right-of-way or adjacent lot(s).
(5) Does not include business activities
related to marijuana production or processing for distri-
bution. (Ord. 5301 §3 (Exh. B) (part), 2016: 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 or medium density residential
zones (R-10 and R-10M) 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 or medium density residential
zones (R-10 and R-10M) 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;
(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. 5301 §3 (Exh. B)
(part), 2016: 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. 5301 §3 (Exh. B)
(part), 2016: Ord. 4950 §8 (Exh. A) (part), 2005)
20.92.080 PARKING REQUIREMENTS.
Parking shall meet the standards of Chapter 20.48
BMC. (Ord. 5301 §3 (Exh. B) (part), 2016: 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. 5301 §3 (Exh. B) (part), 2016: 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.
5301 §3 (Exh. B) (part), 2016: Ord. 4950 §8 (Exh. A)
(part), 2005)
20.94-1 (Revised 7/16)
Bremerton Municipal Code 20.94.060
Chapter 20.94
INDUSTRIAL (I)
Sections:
20.94.010 INTENT.
20.94.020 OUTRIGHT PERMITTED USES.
20.94.030 CONDITIONAL USES.
20.94.050 PROHIBITED USES.
20.94.060 DEVELOPMENT STANDARDS.
20.94.080 PARKING REQUIREMENTS.
20.94.090 LANDSCAPING
REQUIREMENTS.
20.94.100 SIGN STANDARDS.
20.94.010 INTENT.
The intent of the industrial (I) zone is to accommo-
date light and heavy industrial uses in locations where
there is limited interaction with residential uses. Uses
include large-scale and/or heavy industries in a manner
that reduces impact to the community while meeting
industry’s needs for easy access, large sites, and loca-
tions that do not cause conflicts with residential and
other less intense use areas. (Ord. 5301 §3 (Exh. B)
(part), 2016: Ord. 4950 §8 (Exh. A) (part), 2005)
20.94.020 OUTRIGHT PERMITTED USES.
In the industrial zone, all uses are permitted outright
except for those uses set forth as conditional uses per
BMC 20.94.030, and those uses prohibited per BMC
20.94.050. (Ord. 5301 §3 (Exh. B) (part), 2016: Ord.
5008 §24, 2007: Ord. 4950 §8 (Exh. A) (part), 2005)
20.94.030 CONDITIONAL USES.
The following uses may be permitted, provided a
conditional use permit pursuant to BMC 20.58.020 is
approved:
(a) Junk yard, provided:
(1) The use is not adjacent to a residentially
zoned lot;
(2) A view-obscuring screen consisting of a
solid wall or dense evergreen shrub to a height of ten
(10) feet is provided along all lot lines.
(b) Adult business as defined in BMC 20.46.110.
(c) Group residential facility - Class II, provided
the facility will not create an operational conflict with
the efficiency of large-scale industrial uses. (Ord. 5301
§3 (Exh. B) (part), 2016: Ord. 4950 §8 (Exh. A) (part),
2005)
20.94.050 PROHIBITED USES.
The following uses are prohibited in the industrial
zone:
(a) Residential, as a primary or secondary use,
except for Class II group residential facilities as a con-
ditional use per BMC 20.94.030(c);
(b) Recreational vehicle park;
(c) Motion picture theater;
(d) Any use with significant adverse impacts on
less intense uses in neighboring residential zones, deter-
mined by the City by having any combination of the fol-
lowing criteria:
(1) Noise Encroachment. Generation of sound
not meeting the provisions of the noise levels ordinance,
Chapter 6.32 BMC;
(2) Light/Glare Encroachment. Unshielded
glare visible during periods of darkness in an adjacent
residential zone;
(3) Odor, Dust or Smoke Encroachment.
Emission of an odor, dust or smoke byproduct clearly
detectable in any residential zone. (Ord. 5301 §3 (Exh.
B) (part), 2016)
20.94.060 DEVELOPMENT STANDARDS.
Lot development requirements shall be in accor-
dance with the following standards unless otherwise
allowed by law:
(a) Minimum front yard setback: ten (10) feet,
except twenty (20) feet where abutting or across a public
right-of-way from a residential zone;
(b) Minimum side yard setback: zero (0) except
when adjacent to the low and medium density residen-
tial zones (R-10 and R-10M) 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 and medium density residen-
tial zones (R-10 and R-10M) where a ten (10) to twenty
(20) foot visual screen is required pursuant to BMC
20.50.050(b);
(d) No maximum building coverage, provided all
setbacks and landscaping standards are met;
(e) No maximum development coverage, provided
all setbacks and landscaping standards are met;
(f) Maximum building height: fifty (50) feet for
structures intended for human occupancy, and no height
limit for unoccupied structures such as cranes, antennas,
and mechanical apparatuses employed in industry, pro-
vided setback requirements are met;
(g) Where abutting a residential zone, structures
shall be set back one (1) additional foot for each addi-
tional foot of height above thirty-five (35) feet. (Ord.
5301 §3 (Exh. B) (part), 2016: Ord. 5046 §34, 2008;
Ord. 4950 §8 (Exh. A) (part), 2005)
(Revised 7/16)20.94-2
20.94.080
20.94.080 PARKING REQUIREMENTS.
Off-street parking shall be provided in accordance
with Chapter 20.48 BMC. (Ord. 5301 §3 (Exh. B) (part),
2016: Ord. 4950 §8 (Exh. A) (part), 2005)
20.94.090 LANDSCAPING REQUIREMENTS.
Landscaping shall be provided per the requirements
set forth in Chapter 20.50 BMC. (Ord. 5301 §3 (Exh. B)
(part), 2016: Ord. 5046 §35, 2008: Ord. 4950 §8 (Exh.
A) (part), 2005)
20.94.100 SIGN STANDARDS.
Signs shall meet the requirements set forth in Chap-
ter 20.52 BMC. For freestanding signs, the maximum
size and height standards of Figure 20.52(a) shall apply.
(Ord. 5301 §3 (Exh. B) (part), 2016: Ord. 4950 §8 (Exh.
A) (part), 2005)
20.96-1 (Revised 7/16)
Bremerton Municipal Code 20.96.080
Chapter 20.96
CITY UTILITY LANDS (CUL)
Sections:
20.96.010 INTENT.
20.96.020 OUTRIGHT PERMITTED USES.
20.96.030 ACCESSORY USES.
20.96.040 CONDITIONAL USES.
20.96.060 DEVELOPMENT STANDARDS.
20.96.080 PARKING REQUIREMENTS.
20.96.090 LANDSCAPING
REQUIREMENTS.
20.96.100 SIGN STANDARDS.
20.96.010 INTENT.
The intent of the city utility lands (CUL) zone is to
preserve resource-related functions of land, and to pro-
tect watersheds and timberlands. The CUL zone is also
intended to ensure healthy forest cover and provide hab-
itat for wildlife. The zone will accommodate some lim-
ited commercial and recreational activities, which
adhere to a high standard of environmental best manage-
ment practices, and low impact development. (Ord.
5301 §3 (Exh. B) (part), 2016: Ord. 4950 § 8 (Exh. A)
(part), 2005)
20.96.020 OUTRIGHT PERMITTED USES.
The following uses are permitted:
(a) Educational and resource activities compatible
with forest resources;
(b) Forest and wildlife management activities and
forest practices;
(c) Groundwater development and aquifer protec-
tion;
(d) Hydropower activities and facilities;
(e) Public utilities functions and activities, and
nonresidential structures necessary to execute such
functions and activities;
(f) Wireless communications facilities per BMC
20.46.140. (Ord. 5301 §3 (Exh. B) (part), 2016: Ord.
4950 § 8 (Exh. A) (part), 2005)
20.96.030 ACCESSORY USES.
The following accessory uses may be permitted:
(a) Caretaker’s residence associated with a permit-
ted use;
(b) Temporary quarters associated with a permit-
ted use. (Ord. 5301 §3 (Exh. B) (part), 2016: Ord. 4950
§ 8 (Exh. A) (part), 2005)
20.96.040 CONDITIONAL USES.
The following uses may be permitted, provided a
conditional use permit is approved pursuant to BMC
20.58.020. The conditional use permit may allow modi-
fications to parking, landscaping and other development
requirements necessary to mitigate environmental
impacts.
(a) Residential development, provided:
(1) The project consists of attached or
detached single-unit dwelling units, townhouses, or
senior housing complex;
(2) The location does not interfere with City
public utility functions and activities;
(3) The location is adjacent to an existing rec-
reational or residential use;
(4) Sustainable development and best envi-
ronmental management practices are employed to mini-
mize environmental impacts such as:
(i) Low impact stormwater management
and natural drainage;
(ii) Preservation of significant trees;
(iii) Clustered development;
(iv) Minimization of impervious surfaces;
(5) Maximum density shall be ten (10) dwell-
ing units per acre, except twenty (20) dwelling units per
acre for senior housing complexes;
(6) Development standards per the low den-
sity residential zone, BMC 20.60.060(a)(2) through (d)
are met;
(b) Passive outdoor public recreation such as
trails, provided:
(1) The location does not interfere with City
public utility functions and activities;
(2) The location is adjacent to an existing rec-
reational or residential use;
(3) Sustainable development and best envi-
ronmental management practices are employed to mini-
mize environmental impacts such as:
(i) Low impact stormwater management
and natural drainage;
(ii) Identification and preservation of sig-
nificant trees;
(iii) Minimization of impervious surfaces.
(Ord. 5301 §3 (Exh. B) (part), 2016: Ord. 4950 § 8 (Exh.
A) (part), 2005)
20.96.060 DEVELOPMENT STANDARDS.
Development standards for conditional uses shall
be pursuant to the criteria set forth in BMC 20.96.040.
(Ord. 5301 §3 (Exh. B) (part), 2016: Ord. 4950 § 8 (Exh.
A) (part), 2005)
20.96.080 PARKING REQUIREMENTS.
Parking shall meet the standards of Chapter 20.48
BMC and the following requirements:
(a) Parking may not exceed two (2) stalls per resi-
dential dwelling unit;
(Revised 7/16)20.96-2
20.96.090
(b) On-site parking requirements for a permitted or
a conditional use may be reduced by up to forty (40) per-
cent, provided it can be demonstrated through a parking
analysis that the reduction would decrease impervious
surface area, and the reduction would not cause parking
to spill over into adjacent areas. (Ord. 5301 §3 (Exh. B)
(part), 2016: Ord. 4950 § 8 (Exh. A) (part), 2005)
20.96.090 LANDSCAPING REQUIREMENTS.
Landscaping shall meet the standards of Chapter
20.50 BMC, except landscaping requirements may be
modified or reduced if it can be demonstrated that such
modifications or reductions preserve existing or native
vegetation. (Ord. 5301 §3 (Exh. B) (part), 2016: Ord.
4950 § 8 (Exh. A) (part), 2005)
20.96.100 SIGN STANDARDS.
Signage shall meet the standards of Chapter 20.52
BMC. (Ord. 5301 §3 (Exh. B) (part), 2016: Ord. 4950
§ 8 (Exh. A) (part), 2005)
20.97-1 (Revised 7/16)
Bremerton Municipal Code 20.97.100
Chapter 20.97
WATERSHED (WS)
Sections:
20.97.010 INTENT.
20.97.020 OUTRIGHT PERMITTED USES.
20.97.030 ACCESSORY USES.
20.97.060 DEVELOPMENT STANDARDS.
20.97.080 PARKING REQUIREMENTS.
20.97.090 LANDSCAPING
REQUIREMENTS.
20.97.100 SIGN STANDARDS.
20.97.010 INTENT.
The intent of the watershed (WS) zone is to protect
the Bremerton public water supply by controlling activ-
ities and maintaining high water quality at the source,
consistent with state and federal regulations. It is further
intended to maintain strict control of access to and activ-
ities within the Union River drainage to allow the Union
River water supply source to continue in its unfiltered
status. (Ord. 5301 §3 (Exh. B) (part), 2016: Ord. 4950
§8 (Exh. A) (part), 2005)
20.97.020 OUTRIGHT PERMITTED USES.
The following uses are permitted:
(a) Educational and resource activities compatible
with public water supply;
(b) Forest and wildlife management activities, and
forest practices;
(c) Groundwater development and aquifer protec-
tion;
(d) Hydropower activities and facilities;
(e) Location of wireless communications facilities
per BMC 20.46.140;
(f) Public utilities functions and activities related
to the monitoring and distribution of potable water.
(Ord. 5301 §3 (Exh. B) (part), 2016: Ord. 4950 §8 (Exh.
A) (part), 2005)
20.97.030 ACCESSORY USES.
The following accessory uses may be permitted:
(a) Caretaker’s residence or gate guard associated
with an outright permitted use;
(b) Nonresidential structures necessary for the
execution of an outright permitted use;
(c) Temporary quarters associated with an outright
permitted use. (Ord. 5301 §3 (Exh. B) (part), 2016: Ord.
4950 §8 (Exh. A) (part), 2005)
20.97.060 DEVELOPMENT STANDARDS.
Development shall be in accordance with the fol-
lowing standards:
(a) All developments shall minimize the amount
of impervious surface to that necessary to execute a per-
mitted use;
(b) Sustainable development and best environ-
mental management practices shall be employed to min-
imize environmental impacts such as:
(1) Low impact stormwater management and
natural drainage;
(2) Identification and preservation of signifi-
cant trees;
(3) Minimization of impervious surfaces.
(Ord. 5301 §3 (Exh. B) (part), 2016: Ord. 4950 §8 (Exh.
A) (part), 2005)
20.97.080 PARKING REQUIREMENTS.
Parking shall meet the standards of Chapter 20.48
BMC, except required parking may be reduced or
waived by the Director in the watershed (WS) zone in
order to reduce impervious surface area. (Ord. 5301 §3
(Exh. B) (part), 2016: Ord. 4950 §8 (Exh. A) (part),
2005)
20.97.090 LANDSCAPING REQUIREMENTS.
Landscaping shall meet the standards of Chapter
20.50 BMC, except landscaping requirements may be
modified or reduced if it can be demonstrated that such
modifications or reductions preserve existing or native
vegetation. (Ord. 5301 §3 (Exh. B) (part), 2016: Ord.
4950 §8 (Exh. A) (part), 2005)
20.97.100 SIGN STANDARDS.
Signage shall meet the standards of Chapter 20.52
BMC. (Ord. 5301 §3 (Exh. B) (part), 2016: Ord. 4950
§8 (Exh. A) (part), 2005)
20.98-1 (Revised 7/16)
Bremerton Municipal Code 20.98.100
Chapter 20.98
INSTITUTIONAL (INST)
Sections:
20.98.010 INTENT.
20.98.020 OUTRIGHT PERMITTED USES.
20.98.030 ACCESSORY USES.
20.98.060 DEVELOPMENT STANDARDS.
20.98.080 PARKING REQUIREMENTS.
20.98.090 LANDSCAPING
REQUIREMENTS.
20.98.100 SIGN STANDARDS.
20.98.010 INTENT.
The intent of the institutional (INST) zone is to pro-
vide for continued operation and facilitate managed
growth of Olympic College. Growth of the College and
supporting uses should be promoted in the zone while
being compatible with the surrounding neighborhoods
and nearby areas. (Ord. 5301 §3 (Exh. B) (part), 2016:
Ord. 4950 §8 (Exh. A) (part), 2005)
20.98.020 OUTRIGHT PERMITTED USES.
The following uses are permitted:
(a) Co-location of wireless communications facil-
ities 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) Medical offices and clinics;
(g) Outdoor athletic fields and park playground
and open spaces;
(h) Parking as a principal use;
(i) Public administration;
(j) 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 structure,
attached or detached;
(5) Multi-unit dwelling structure;
(6) Townhouse;
(7) Duplex;
(k) Restaurants;
(l) Schools and education uses;
(m) Transportation facility;
(n) Welfare and charitable services and facility;
(o) Worship and religious facility. (Ord. 5301 §3
(Exh. B) (part), 2016: Ord. 5249 §14, 2014: 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 may be permitted by the Director as an acces-
sory use. (Ord. 5301 §3 (Exh. B) (part), 2016: Ord. 4950
§8 (Exh. A) (part), 2005)
20.98.060 DEVELOPMENT STANDARDS.
Development shall be in accord with the following
standards:
(a) Minimum front yard setback: zero (0), except
ten (10) feet where adjacent to any lot not within the
institutional zone;
(b) Minimum side yard setback: zero (0), except
when adjacent to a residential zone 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 a residential zone 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. 5301 §3
(Exh. B) (part), 2016: 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. 5301 §3 (Exh. B) (part), 2016: Ord. 4950
§8 (Exh. A) (part), 2005)
20.98.090 LANDSCAPING REQUIREMENTS.
Landscaping shall meet the standards of Chapter
20.50 BMC. (Ord. 5301 §3 (Exh. B) (part), 2016: Ord.
4950 §8 (Exh. A) (part), 2005)
20.98.100 SIGN STANDARDS.
Signage shall meet the standards of Chapter 20.52
BMC. (Ord. 5301 §3 (Exh. B) (part), 2016: Ord. 4950
§8 (Exh. A) (part), 2005)
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City Utility Lands (CUL)
Freeway Corridor (FC)
General Commercial (GC)
Industrial (I)
Low Density Residential (R-10)
Multifamily Residential (R-20)
Neighborhood Business (NB)
Subarea Plan
Mineral Resource Overlay
Kitsap County 0 0.5 10.25 Miles
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R-10
R-10
R-10
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City Utility Lands (CUL)
Freeway Corridor (FC)
General Commercial (GC)
Industrial (I)
Low Density Residential (R-10)
Puget Sound Industrial Center - Bremerton (PSIC-B)
Watershed (WS)
Subarea Plan
Center
Mineral Resource Overlay
Kitsap County00.5 10.25 Miles
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FC
Tables-1 (Revised 7/16)
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 (11.12, 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)
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)
Number Subject
(Revised 7/16)Tables-2
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 (Repealed
by 5276)
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 (Repealed by 5299)
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 7/16)
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 (Repealed by 5262)
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, 20.70,
20.79, 20.82, 20.86, 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 (Repealed by 5299)
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 7/16)Tables-4
4961 Amends § 15.06.015, Appendix A (15.06)
4962 Amends § 20.80.080, subarea plans (Repealed by 5301)
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, 20.82)
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 (Repealed by 5299)
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 7/16)
4998 Amends § 20.80.080, subarea plans, and comprehensive plan (Repealed by 5301)
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, 20.70, 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 (Repealed by 5301)
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 (Repealed by 5301)
5035 (Pulled)
5036 Amends Ch. 3.78, multifamily property tax exemption (3.78)
5037 Amends comprehensive plan (Repealed by 5299)
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)
5041 Amends Ch. 13.08, recreational vessels on Kitsap Lake (13.08)
Number Subject
(Revised 7/16)Tables-6
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, 20.70, 20.74, 20.75, 20.76, 20.79, 20.82, 20.86, 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 (Repealed by 5299)
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 (Repealed by 5301)
5078 Amends § 3.50.050, utility taxes (3.50)
5079 Amends 2009 budget (Special)
5080 Amends Ch. 1.06, public records (1.06)
5081 Roadway vacation and reservation of easements (Special)
5082 Amends § 20.80.080 and comprehensive plan, subarea plans (Repealed by 5299)
Number Subject
Tables-7 (Revised 7/16)
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 (Repealed by 5299)
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 (Repealed by 5299)
5105 Repeals and replaces Figure 3.78(a), multifamily property tax exemption (Repealed by 5260)
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, 20.79)
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)
5128 Amends Ch. 2.09 and § 2.10.030, information technology reorganization (2.09, 2.10)
5129 Tax levy (Special)
Number Subject
(Revised 7/16)Tables-8
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 (Repealed by 5270)
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)
5175 Amends 2011 budget (Special)
5176 (Renumbered)
Number Subject
Tables-9 (Revised 7/16)
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)
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 (Repealed by 5301)
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 (Repealed by 5299)
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)
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)
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,
Number Subject
(Revised 7/16)Tables-10
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, 20.70, 20.82, 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 (Repealed by 5289)
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 (Repealed by 5299)
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 (Repealed by 5301)
5238 Amends § 3.72.020, gambling tax (3.72)
5239 Street vacation (Special)
5240 Establishes planned action for Gorst urban growth area (Special)
5241 Revokes Wheaton-Riddell District Center Subarea Plan adopted by Ord. 5025 (Repealed by 5301)
5242 Repeals Res. 3045 and approves 2014 Parks, Recreation and Open Space Plan (Special)
5243 Amends Ch. 7.15, animal violations and infractions (7.15)
5244 Street vacation (Special)
5245 Amends Ch. 11.25, transportation benefit district (11.25)
5246 Amends 2014 budget (Special)
5247 Amends § 11.10.010, hazardous sidewalk conditions prohibited (Repealed by 5276)
5248 Rezone (Special)
5249 Adds § 20.48.150; amends §§ 20.42.040, 20.52.050, 20.52.070, 20.52.130, 20.52.160, 20.52.180, Fig-
ure 20.52(a), §§ 20.92.020 and 20.98.020; repeals Title 19, §§ 20.42.020 and 20.52.170, zoning (20.42,
20.48, 20.52, 20.92, 20.98)
5250 Amends Title 15, municipal utilities (15.01, 15.02, 15.03, 15.04, 15.05, 15.06, 15.07, 15.08)
5251 Amends §§ 20.70.020, 20.70.060 and 20.70.090; rezones properties and amends zoning map, district
center core (DCC) (20.70)
5252 Amends Ch. 2.18, audit committee and city auditor (2.18)
5253 Amends § 7.10.010, animal impoundment and quarantine (7.10)
5254 Adds Ch. 5.12, taxicabs (5.12)
5255 Bonds issuance (Special)
5256 Alley vacation (Special)
5257 Street vacation (Special)
5258 Street vacation (Special)
5259 Street vacation (Special)
5260 Repeals and replaces Figure 3.78(a), multifamily property tax exemption (Repealed by 5302)
5261 Amends §§ 20.12.060, 20.12.090 and 20.12.140, land division (20.12)
5262 Adds §§ 9A.44.110, 9A.44.120, 9A.44.130 and 9A.44.140; amends and renumbers § 9A.44.110 as
9A.44.100; repeals § 9A.44.100, public disturbances (9A.44)
5263 Amends §§ 20.52.040, 20.52.050, 20.52.060, 20.52.100 and 20.52.180, signs (20.52)
5264 2015 tax levy (Special)
5265 Amends Ord. 5228, rates and fees for department of public works and utilities (Not codified)
Number Subject
Tables-11 (Revised 7/16)
5266 Adopts 2015 budget (Special)
5267 Amends 2014 budget (Special)
5268 Amends wastewater comprehensive plan (Special)
5269 Amends Ch. 5.06, rental property registration (5.06)
5270 Amends Ch. 2.32; repeals Ord. 5167, arts commission (2.32)
5271 Cascade natural gas franchise (Special)
5272 Alley vacation (Special)
5273 Adds Ch. 3.32, self-in sured health and welfare reserve fund (3.32)
5274 Amends § 13.04.140, liquor in city parks (13.04)
5275 Amends § 15.02.130, backflow and cross-connection control and inspection (15.02)
5276 Repeals and replaces Ch. 11.08; repeals Ch. 11.10, sidewalk and street frontage (11.08)
5277 Amends 2015 budget (Special)
5278 Adds § 2.19.040, warrant officers (2.19)
5279 Amends and recodifies Ch. 2.100 as Ch. 2.40, public access citizens advisory committee (2.40)
5280 Amends Ch. 3.36, contingency reserve fund (3.36)
5281 Bonds issuance (Special)
5282 (Number not used)
5283 Amends Ch. 7.05, prohibited animals (7.05)
5284 Amends Ch. 9.48, fireworks (9.48)
5285 Street vacation (Special)
5286 Amends § 10.04.034, inattention to driving (10.04)
5287 Amends Ords. 4875 and 5226, energy franchise (Special)
5288 Amends §§ 15.01.030 and 15.06.020 and rates and fees for department of public works and utilities,
municipal utilities (15.01, 15.06)
5289 Amends § 3.50.050; repeals Ord. 5224, utility taxes (3.50)
5290 2016 tax levy (Special)
5291 Bonds issuance (Special)
5292 Adopts 2016 budget (Special)
5293 Amends 2015 budget (Special)
5294 Amends §§ 7.08.010 and 7.08.020, cat and dog licenses (7.08)
5295 Amends § 2.62.040, judges pro tempore, court commissioners, municipal court hearing examiner (2.62)
5296 Amends §§ 5.12.010, 5.12.170 and 5.12.190, taxicabs (5.12)
5297 Amends Ch. 11.25; assumes transportation benefit district (11.25)
5298 Amends § 15.06.030, water rates (15.06)
5299 Amends subarea plans; repeals and replaces comprehensive plan (Special)
5300 Amends shoreline master program (Not codified)
5301 Amends subarea plans, § 6.32.010 and Title 20, land use (6.32, 20.02, 20.04, 20.10, 20.12, 20.14, 20.16,
20.18, 20.40, 20.42, 20.44, 20.46, 20.48, 20.50, 20.52, 20.54, 20.58, 20.60, 20.62, 20.70, 20.74, 20.75,
20.76, 20.78, 20.79, 20.82, 20.86, 20.92, 20.94, 20.96, 20.97, 20.98)
5302 Adds Figures 3.78(c) through 3.78(g); amends §§3.78.020 and 3.78.050 and boundaries of the down-
town regional center residential target area; repeals and replaces Figures 3.78(a) and 3.78(b), multifam-
ily property tax exemption (3.78)
5303 Amends 2016 budget (Special)
5304 Adds § 17.04.050; amends §§ 17.04.020, 17.04.040, 17.04.080 and 17.04.110, building code (17.04)