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HomeMy WebLinkAbout26 bremerton0818_supp26SUPPLEMENT DIRECTIONS BREMERTON MUNICIPAL CODE Supplement No. 26 – August 2018 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 5351, passed August 1, 2018. 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 1 1.04-7 – 1.04-8 .......................................... 1.04-7 – 1.04-8 Title 2 Table of Contents .................................. Table of Contents 2.06-1 ....................................................................... 2.06-1 — ............................................................................. 2.07-1 2.09-1 – 2.09-2 .......................................... 2.09-1 – 2.09-2 2.50-1 – 2.50-2 .......................................... 2.50-1 – 2.50-2 2.62-1 – 2.62-2 .......................................... 2.62-1 – 2.62-2 Title 3 3.01-1 ....................................................................... 3.01-1 Title 6 Table of Contents .................................. Table of Contents — ............................................................... 6.12-1 – 6.12-6 Title 20 20.02-3 – 20.02-4 .................................. 20.02-3 – 20.02-4 20.12-3 – 20.12-8 .................................. 20.12-3 – 20.12-8 20.42-3 – 20.42-4 .................................. 20.42-3 – 20.42-4 20.42-7 – 20.42-12 .............................. 20.42-7 – 20.42-12 20.70-1 – 20.70-4 .................................. 20.70-1 – 20.70-4 Tables 7 – 8 ............................................................................ 7 – 8 11 – 12 .................................................................... 11 – 13 Please call Code Publishing Company (206-527-6831) should questions arise while removing and replacing supplement pages. (Revised 8/18) Updated by: _______ Dated: ____________ 1.04-7 (Revised 8/18) 1.04.110 ABATEMENT. (a) In General. At the hearing before the Adminis- trative Hearing Examiner, the code enforcement officer or the City Attorney or his or her designee may request that an order of abatement issue in the event that the Administrative Hearing Examiner determines that a vio- lation of a regulation exists. The order of abatement shall require the person responsible for the violation to abate the violation and permit the City to abate the vio- lation using lawful means in the event that the person responsible for the violation fails so to do. The City may seek such judicial process as it deems necessary to effect the removal or correction of such condition causing the violation. (b) Abatement by the City. The City may abate a condition which was caused by or continues to be a civil violation when: 1. The terms of voluntary correction agree- ment pursuant to BMC 1.04.030 have not been met; or 2. A notice of civil violation has been issued pursuant to BMC 1.04.040 and (a) a hearing has been held pursuant to BMC 1.04.080 and the required correc- tion has not been completed by the date specified in the Administrative Hearing Examiner’s order or (b) a hear- ing has been held by a court of competent jurisdiction and the required correction has not been completed by the date specified in the court’s order; or 3. The condition is subject to summary abatement as provided for in subsection (c) of this sec- tion. (c) Summary Abatement. Whenever any nuisance causes a condition the continued existence of which constitutes an immediate threat to the public health, safety or welfare or to the environment, the City may summarily and without prior notice abate the condition. Notice of such abatement, including the reason for it, shall be given to the person responsible for the violation as soon as reasonably possible after the abatement. No right of action shall lie against the City or its agents, officers, or employees for actions reasonably taken to prevent or cure any such immediate threats, but neither shall the City be entitled to recover any costs incurred for summary abatement prior to the time that actual notice of same is provided to the person responsible for the violation. (d) Authorized Action by the City. Using any law- ful means, the City may enter upon the subject property and may remove or correct the condition which is sub- ject to abatement. The City may seek such judicial pro- cess as it deems necessary to effect the removal or correction of such condition. (e) Interference. Any person who knowingly obstructs, impedes, or interferes with the City or its agents, or with the person responsible for the violation in the performance of duties imposed by this chapter, shall be guilty of a misdemeanor punishable by impris- onment not exceeding ninety (90) days and a fine not exceeding one thousand dollars ($1,000). (f) Other Abatement Proceedings Not Precluded. Nothing in this section shall prohibit the City from pur- suing abatement pursuant to any other laws of the State of Washington or the City of Bremerton. (Ord. 5148 §1 (in part), 2011: Ord. 4819, Added, 11/15/2002) 1.04.120 COSTS OF ABATEMENT - LIEN. (a) Costs of Abatement. The costs and incidental expenses of any abatement action taken by the City as defined in BMC 1.04.020(g), including costs of enforce- ment set forth in BMC 1.04.020(h), shall become a charge to the person responsible for the violation. These charges may be assessed against the person responsible for the violation or the property upon which the viola- tion occurred. Costs of abatement must be paid to the City within ten (10) calendar days from the date of mail- ing of notice from the City that the costs are due. The City may use any lawful means to collect charges, including but not limited to those set forth in BMC 1.04.130. The City Attorney, or his or her designee, is authorized to take legal action to collect the costs of any abatement. All such costs and expenses shall constitute a lien against the affected property, as set forth in sub- section (b) of this section. (b) Lien - Authorized. 1. Account of Expense. The code enforce- ment officer shall keep an itemized account of expense incurred for the cost of abatement of property. Upon completion of the work, the code enforcement officer shall prepare and file with the City Clerk a report speci- fying the work done, the itemized total cost of the work, including administrative charge, a description of the property abated, and the name and addresses of the owner or agent, and occupant or tenant if known. 2. Report Transmitted to Council. Upon receipt of the report, the City Clerk shall present it to Council for consideration. The Council shall fix a time, date and place for hearing the report and any protests or objections thereto. The City Clerk shall cause notice of said hearing to be posted upon the property involved, and served by certified mail, postage prepaid, addressed to the owner or agent of the owner, and occupant or tenant if known. If the tenant or occupant is not known, notice shall be sent by first class mail to the occupant of the residence subject to the abatement. Such notice will be given at least ten (10) days prior to the date set for hearing and shall specify the date, hour and place when the Council will hear and pass upon the code enforce- ment officer report, together with any objections or pro- tests which may be filed as hereinafter provided by any person interested in or affected by the proposed charge. Notice of the hearing shall also be published in a news- (Revised 8/18)1.04-8 paper of general circulation in the City of Bremerton when required by law. 3. Protests and Objections. Any person inter- ested in or affected by the proposed charge may file written protests or objections with the City Clerk prior to the hearing. Each protest must state the grounds of such protest or objection. The Clerk shall present such protests and objections to the Council at the time of the hearing and no other protests or objections will be con- sidered. 4. Hearing. The Council shall hear and pass upon the report of the code enforcement officer, together with objections and protests. The Council may revise or modify the report as it may deem just. When the Council is satisfied with the correctness of the charge, the report, together with the charge, shall be confirmed or rejected. The decision of the Council on the report and the charge, and on all protests or objec- tions, shall be final and conclusive. (c) Assessment against Property. The City shall have a lien for the costs and incidental expenses of any abatement as defined in BMC 1.04.020(g), for the cost of any abatement action taken by the City, under this chapter, against the real property on which the work of abatement was performed as follows: 1. Unfit Structures. Liens established as the result of violations of the International Property Mainte- nance Code as adopted pursuant to BMC 17.04.020 and amended pursuant to BMC 17.04.110 (the "IPMC") shall be assessed pursuant to the IPMC as currently enacted and hereinafter amended. 2. Garbage. Liens for garbage and rubbish abatement shall be assessed against the subject property pursuant to RCW 35.21.140 and 35.21.150 and shall be prior to all liens filed subsequent to the filing of the notice of lien with the County Auditor, except liens of general taxes and local improvements. 3. Nuisance Vegetation. Liens for nuisance vegetation abatement, when initiated by City Council resolution, whether or not enforced in conjunction with a hearing before the Administrative Hearing Examiner pursuant to BMC 1.04.080, shall be assessed against the subject property pursuant to RCW 35.21.310 and shall be enforced and foreclosed in the manner as provided by law for liens for labor and materials. 4. Other. Other liens shall be assessed against the subject property as authorized by law or court order. (d) For any unfit dwelling, building, structure or premises abated pursuant to Chapter 6.12 BMC, the recovery of costs and expenses for such abatement shall be processed and assessed pursuant to BMC 6.12.100 and the provisions of this section shall not be applicable. (Ord. 5346 §3, 2018: Ord. 5148 §1 (in part), 2011: Ord. 4819, Added, 11/15/2002) 1.04.130 COLLECTION OF PENALTIES AND COSTS. (a) Collection. In addition to or in lieu of the pro- visions set forth in this chapter, the City may, at its option, turn the matter over to collection or commence a civil action in any court of competent jurisdiction to col- lect costs and expenses of enforcement, costs of abate- ment incurred by the City to obtain compliance pursuant to this chapter and/or to collect any penalties that have been assessed. Further, the City Administration, upon concurrence of the City Attorney, may file for injunctive or other civil relief in Superior Court regarding code violations. (b) Collection of Monetary Penalty - Use of Col- lection Agency. The City is authorized to take legal action to collect the monetary penalty. Pursuant to Chapter 19.16 RCW, as currently enacted or hereafter amended, the City may, at its discretion, use a collection agency for the purposes of collecting penalties and costs assessed pursuant to this chapter. The collection agency may add fees or interest charges to the original amount assigned to collections as allowed by law. No debt may be assigned to a collection agency until at least thirty (30) calendar days have elapsed from the time that the City attempts to notify the person responsible for the debt of the existence of the debt and that the debt may be assigned to a collection agency for collection if the debt is not paid. Notice of potential assignment to col- lections shall be made by regular first class mail to the last known address of the person responsible for the vio- lation; provided, inability to ascertain a current mailing address shall not prohibit the debt from being assigned to collections. (Ord. 5148 §1 (in part), 2011: Ord. 4819, Added, 11/15/2002) 1.04.140 CONFLICTING CODE PROVISIONS. In the event a conflict exists between the enforce- ment provisions of this chapter and the enforcement pro- visions of any uniform code, statute, or regulation that is adopted in the Bremerton City Code that are subject to the enforcement provisions of this chapter, the enforce- ment provisions of this chapter will prevail, unless the enforcement provisions of this chapter are preempted or specifically modified by said code, statute, or regula- tion. (Ord. 5148 §1 (in part), 2011: Ord. 4819, Added, 11/15/2002. Formerly 1.04.150) (Revised 8/18) Title 2 ADMINISTRATION AND PERSONNEL Chapters: 2.01 ELECTED OFFICIALS - PERS 2.02 CITY COUNCIL 2.03 MAYOR 2.05 DEPARTMENTS AND DIRECTORS 2.06 OFFICE OF CITY ATTORNEY 2.07 OFFICE OF CITY CLERK 2.09 DEPARTMENT OF FINANCIAL SERVICES 2.10 DEPARTMENT OF PUBLIC WORKS AND UTILITIES 2.11 OFFICE OF HUMAN RESOURCES 2.12 PLANNING COMMISSION 2.13 ADMINISTRATIVE HEARING EXAMINER 2.14 INVESTMENT COMMITTEE 2.15 DEPARTMENT OF COMMUNITY DEVELOPMENT 2.16 FIRE DEPARTMENT 2.17 PARKS AND RECREATION DEPARTMENT 2.18 AUDIT COMMITTEE AND CITY AUDITOR 2.19 POLICE DEPARTMENT 2.20 BONDS FOR OFFICERS 2.26 EMERGENCY MANAGEMENT ORGANIZATION 2.28 EQUAL EMPLOYMENT OPPORTUNITY PROGRAM 2.30 CIVIL SERVICE 2.32 ARTS COMMISSION 2.36 DESIGN REVIEW BOARD 2.38 LODGING TAX ADVISORY COMMITTEE 2.40 PUBLIC ACCESS CITIZENS ADVISORY COMMITTEE 2.46 EMPLOYEE AWARD PROGRAM 2.48 EMPLOYEES IN MILITARY 2.50 MANAGEMENT AND PROFESSIONAL STAFF COMPENSATION PROGRAM 2.62 BREMERTON MUNICIPAL COURT 2.74 TRAVEL AUTHORIZATION AND EXPENSE REIMBURSEMENT 2.76 PROCUREMENT AND DISPOSAL CODE 2.78 REAL PROPERTY TRANSACTIONS 2.82 NAMING OF PARKS AND PUBLIC FACILITIES 2.88 ADA ADVISORY COMMITTEE 2.90 INDEMNITY OF PERSONNEL (Revised 8/18) 2.92 OFFICE OF RISK MANAGEMENT 2.96 CODE OF ETHICS 2.98 BREMERTON RESERVE OFFICER BOARD OF TRUSTEES 2.06-1 (Revised 8/18) Chapter 2.06 OFFICE OF CITY ATTORNEY Sections: 2.06.010 DEPARTMENT CREATED. 2.06.020 APPOINTMENT. 2.06.030 DUTIES. 2.06.040 OUTSIDE EMPLOYMENT. 2.06.010 DEPARTMENT CREATED. There is hereby created the Office of the City Attor- ney which shall serve as the Legal Department for the City pursuant to the laws of the State of Washington and the Charter of the City of Bremerton for the purpose of representing the City in all legal matters involving the City. The office shall be managed by the City Attorney who shall serve as its director, and who shall be respon- sible for hiring and supervising employees of the office. The City Attorney shall oversee and manage the civil and prosecution divisions of the office. The City Attor- ney shall also oversee and manage the Office of Risk Management established pursuant to Chapter 2.92 BMC, the Office of Human Resources established pur- suant to Chapter 2.11 BMC, and the Office of City Clerk established pursuant to Chapter 2.07 BMC. (Ord. 5350 §2 (part), 2018: Ord. 5232 §1 (part), 2013: Ord. 5075 §1, 2009: Ord. 4966 §3, 2006: Ord. 4808, Amended, 07/26/2002; Ord. 4793, Amended, 05/05/2002; Ord. 4152 §1, 1988) 2.06.020 APPOINTMENT. The City Attorney shall be appointed by the Mayor subject to confirmation by the City Council. The resig- nation of the City Attorney shall be effective upon the acceptance of resignation by the Mayor. (Ord. 5350 §2 (part), 2018: Ord. 5232 §1 (part), 2013: Ord. 4808, Added, 07/26/2002) 2.06.030 DUTIES. To accomplish the directives of the City Charter and requirements of state law, the functions of the Office of the City Attorney shall include, but not be lim- ited to: (a) Advise the Mayor, boards, commissions, department heads, Council and its committees, and other City officials and officers, including the rendering of formal legal opinions when so requested or when it appears to the Attorney advisable to do so. (b) Attend all regular and special meetings of the Council, unless excused by the President of the Council. (c) Prepare, draft, approve as to form, or supervise the preparation of ordinances, resolutions, leases, deeds, contracts and/or agreements, and such other and similar instruments as may be required by the business of the City. (d) Represent the City in criminal prosecutions in Municipal Court and appellate courts. (e) Represent the City in all litigation and admin- istrative proceedings in which the City is involved either as a plaintiff or defendant, or recommend the appoint- ment of special counsel therein. (f) Attend meetings of the Civil Service Commis- sion, pension boards, and other commissions, boards, or committees required by law, or as directed by the Coun- cil, or represented by the chair of such board or commis- sion. (g) Facilitate bond issues; provided, this shall not mean the rendering of an opinion on the validity of the bonds in any case where special bond counsel has been retained by the City or by any prospective bond buyer. (h) On request of the Mayor or Council participate in intergovernmental relations affecting the City. (i) Keep litigation files and records, and copies of all other official written communications, and deliver same to successors of the Office of the City Attorney. (j) Direct or participate in proceedings for the vacation of streets, condemnation of land, land acquisi- tion, sale of surplus properties, and related legal transac- tions. (k) Prepare and administer the budget for the Office of the City Attorney. (1) Serve as advisor and/or participant in labor negotiations and approve labor contracts as to form. (m) Coordinate and assist in obtaining information and legal opinion from municipal research as requested by the Mayor, Council President, or Chair of the Audit Committee. (n) Prepare and/or approve ballot measures and levies. (o) Interpret substance, form, and applicability of the City Charter and ensure consistency of all ordi- nances, resolutions, and administrative rules therewith. (p) Manage the Office of Risk Management. (q) Manage the Office of Human Resources. (r) Manage the Office of City Clerk. (Ord. 5350 §2 (part), 2018: Ord. 5232 §1 (part), 2013: Ord. 5075 §2, 2009: Ord. 4966 §4, 2006: Ord. 4808, Amended, 07/26/2002; Ord. 4152 §1, 1988) 2.06.040 OUTSIDE EMPLOYMENT. The City Attorney and Assistant City Attorneys shall not engage in any legal practice outside the Office of the City Attorney that would interfere or conflict with the duties of this office. (Ord. 5350 §2 (part), 2018: Ord. 5232 §1 (part), 2013: Ord. 5029 §1, 2007: Ord. 4808, Amended, 07/26/2002; Ord. 4152 §1, 1988) 2.07-1 (Revised 8/18) Chapter 2.07 OFFICE OF CITY CLERK Sections: 2.07.010 OFFICE CREATED. 2.07.020 CITY CLERK - APPOINTMENT - REMOVAL. 2.07.030 DUTIES. 2.07.010 OFFICE CREATED. There is created the Office of City Clerk for the pur- pose of performing all records management and other related functions of the City. The Office of City Clerk shall be administered by the City Clerk. (Ord. 5350 §3 (part), 2018) 2.07.020 CITY CLERK - APPOINTMENT - REMOVAL. (a) The position of City Clerk is created pursuant to Section 20 of the Charter of the City of Bremerton ("Charter"). (b) Pursuant to Section 21 of the Charter, the appointment of the City Clerk shall be by the Mayor, subject to confirmation by the City Council. The Mayor may remove the City Clerk at his or her discretion. (c) The City Clerk shall report directly to the City Attorney. The City Attorney may assign the duties of the City Clerk to other employees of the City as necessary to assist the City Clerk or to perform the City Clerk’s duties if the position becomes vacant. (Ord. 5350 §3 (part), 2018) 2.07.030 DUTIES. It shall be the duty of the City Clerk to: (a) Perform all records management and other related functions of the City. (b) Act as the official records keeper of the City and in such capacity perform those duties as required by the laws of the state, City Charter and City Code. (c) Perform such other duties as the City Attorney may direct or as may be required by law. (Ord. 5350 §3 (part), 2018) 2.09-1 (Revised 8/18) Chapter 2.09 DEPARTMENT OF FINANCIAL SERVICES Sections: 2.09.010 DEPARTMENT CREATED. 2.09.020 DIRECTOR OF FINANCIAL SERVICES AND DIVISION MANAGERS - POSITIONS CREATED AND APPOINTMENT. 2.09.030 FINANCE DIVISION CREATED - DUTIES. 2.09.040 INFORMATION TECHNOLOGY DIVISION CREATED - DUTIES. 2.09.050 BREMERTON KITSAP ACCESS TELEVISION (BKAT) DIVISION CREATED - DUTIES. Prior legislation: Ord. 4982. 2.09.010 DEPARTMENT CREATED. There is hereby created the Department of Financial Services. (a) Divisions. The Department of Financial Ser- vices shall consist of the following divisions, as well as any other divisions established by the City Council: (1) Finance; (2) Information Technology; and (3) Bremerton Kitsap Access Television (BKAT). (b) Duties. The Director of Financial Services shall be in charge of the Department of Financial Ser- vices and all divisions established thereunder. The duties enumerated in each division as set forth in this chapter may be reassigned within the Department of Financial Services at the discretion of the Director of Financial Services for the purpose of achieving work efficiencies. The Director of Financial Services is also responsible for the management of the Conference Cen- ter operating fund. (Ord. 5350 §1 (part), 2018: Ord. 5232 §2 (part), 2013: Ord. 5128 §1 (part), 2010: Ord. 5075 §3, 2009: Ord. 4983 §1 (part), 2006: Ord. 4966 §5 (part), 2006: Ord. 4900 §2, 2004) 2.09.020 DIRECTOR OF FINANCIAL SERVICES AND DIVISION MANAGERS - POSITIONS CREATED AND APPOINTMENT. (a) Department Director - Appointment. There is hereby created the position of Director of Financial Ser- vices who shall be in charge of the Department of Finan- cial Services and all divisions established thereunder. The Director of Financial Services shall have complete charge of all of the work of the Department and shall be responsible for hiring and supervising employees of the Department. The Director of Financial Services shall be appointed by the Mayor, subject to confirmation by the City Council, on the basis of professional experience, education and demonstrated knowledge of accepted practices relating to the duties of the Department. All appointees to the position of Director of Financial Ser- vices are terminable at will by the Mayor as set forth in Chapter 2.05 BMC. (b) Division Managers - Appointment. There are hereby created the positions of Assistant Director of Financial Services, Information Technology Manager, and Public Access Manager as managers for their respective divisions. The managers (hereinafter "man- agers" or "division managers") shall manage the opera- tions of their respective divisions and shall report directly to the Director of Financial Services. The divi- sion managers shall be appointed by and shall serve at the pleasure of the Director of Financial Services, sub- ject to the approval of the Mayor, on the basis of profes- sional experience, education and demonstrated knowledge of accepted practices relating to the duties of the division. All appointees to the division manager positions shall serve as "at-will" employees subject to termination by the Director of Financial Services with- out cause at any time with no notice or hearing unless otherwise provided pursuant to an applicable rule or reg- ulation, the City Charter, ordinance, or terms and condi- tions as approved by the City Council. (Ord. 5350 §1 (part), 2018: Ord. 5232 §2 (part), 2013: Ord. 5128 §1 (part), 2010: Ord. 5075 §4, 2009: Ord. 5003 §2, 2007: Ord. 4983 §1 (part), 2006: Ord. 4966 §5 (part), 2006: Ord. 4900 §2, 2004) 2.09.030 FINANCE DIVISION CREATED - DUTIES. There is hereby created the Finance Division for the purpose of performing all finance and accounting func- tions of the City of Bremerton. The Division shall be managed by the Assistant Director of Financial Services who shall serve as the City Treasurer. It shall be the duty of the Assistant Director of Financial Services to: (a) Be responsible for assisting in the management of the City’s investment and debt portfolios. (b) Assist City administration in budget prepara- tion and monitoring. (c) Maintain the accounting system in accordance with generally accepted accounting principles (GAAP). (d) Maintain the payroll system. (e) Exercise control of accounts payable and pur- chasing. (f) Maintain an inventory of capital assets. (g) Collect and account for all City funds. (Revised 8/18)2.09-2 The Assistant Director of Financial Services shall perform such other duties as the Mayor and Director of Financial Services may direct or as may be required by law. (Ord. 5350 §1 (part), 2018: Ord. 5232 §2 (part), 2013: Ord. 5128 §1 (part), 2010: Ord. 4983 §1 (part), 2006: Ord. 4966 §5 (part), 2006: Ord. 4900 §2, 2004) 2.09.040 INFORMATION TECHNOLOGY DIVISION CREATED - DUTIES. There is hereby created the Information Technol- ogy Division for the purpose of performing all informa- tion technology operations of the City. The Division shall be managed by the Information Technology Man- ager. It shall be the duty of the Information Technology Manager to: (a) Direct the activities of the Information Tech- nology Division with the responsibility to provide tech- nological leadership in systems planning, implementation and support programs. (b) Direct the development and maintenance of long-range information processing plans and budgets. (c) Act as a contact person with user departments responding to and analyzing their inquiries. The Information Technology Manager shall per- form such other duties as the Mayor or the Director of Financial Services may direct or as may be required by law. (Ord. 5350 §1 (part), 2018: Ord. 5232 §2 (part), 2013: Ord. 5128 §1 (part), 2010. Formerly 2.09.050) 2.09.050 BREMERTON KITSAP ACCESS TELEVISION (BKAT) DIVISION CREATED - DUTIES. There is hereby created the Bremerton Kitsap Access Television (BKAT) Division for the purpose of performing all public access television functions of the City. The Division shall be managed by the Public Access Manager. It shall be the duty of the Public Access Manager to manage the production, program- ming and operating of the local access television station. The Public Access Manager shall perform such other duties as the Mayor or the Director of Financial Services may direct or as may be required by law. (Ord. 5350 §1 (part), 2018: Ord. 5232 §2 (part), 2013: Ord. 5128 §1 (part), 2010: Ord. 4983 §1 (part), 2006: Ord. 4966 §5 (part), 2006: Ord. 4900 §2, 2004. Formerly 2.09.060) 2.50-1 (Revised 8/18) Chapter 2.50 MANAGEMENT AND PROFESSIONAL STAFF COMPENSATION PROGRAM Sections: 2.50.010 POLICY STATEMENT. 2.50.020 APPLICABILITY, EXCLUSIONS AND EXEMPTIONS. 2.50.030 SALARY PLAN. 2.50.031 ADJUSTMENT OF SALARY BAND LEVELS. 2.50.032 ACTUAL SALARY RATE. 2.50.034 INITIAL BENEFITS FOR DEPARTMENT HEADS. 2.50.040 WORK SCHEDULES AND LEAVE BENEFITS. 2.50.050 DEFERRED COMPENSATION/INSURANCE OPTIONS. 2.50.060 RETIREMENT BENEFITS. 2.50.070 MEDICAL AND DENTAL INSURANCE BENEFITS. 2.50.080 WORKERS’ COMPENSATION. 2.50.090 SEVERANCE PAY. 2.50.010 POLICY STATEMENT. (a) It is the policy of the City of Bremerton to pro- vide a management and professional compensation pro- gram which enables the City to employ staff who possess the necessary skills and abilities to effectively: (1) Manage the delivery of existing City ser- vices and the provision of essential municipal govern- ment support functions; (2) Evaluate and plan future service needs; (3) Advise and support the policy-making activities of the City’s elected officials; and (4) Implement policy changes enacted by the elected representatives of the citizens of Bremerton. (b) It is also the policy of the City of Bremerton to structure the classification and compensation program for management and professional staff in a manner which assures that: (1) The actual duties assigned to a classifica- tion are appropriate to the assigned level of responsibil- ity; (2) Compensation levels are consistent with the level of responsibilities assumed by staff and appro- priate to the City’s financial circumstances; (3) Individual salary rates appropriately reflect each person’s performance and experience at the responsibility level assumed with the City of Bremer- ton. (c) The provisions of this program shall be applied equally to all persons included in the program without discrimination as to age, sex, marital status, race, color, creed, religion, national origin, political affiliation; or mental, physical or sensory handicap, unless based upon a bona fide occupational qualification. (Ord. 4305 §1 (in part), 1991). 2.50.020 APPLICABILITY, EXCLUSIONS AND EXEMPTIONS. (a) Applicability. The provisions of the program adopted by this chapter shall only apply to salaried man- agement and professional appointive positions desig- nated as such and authorized in the City’s annual budget; provided, however, for the City Auditor, the responsibilities of the Mayor shall be exercised by the Audit Committee, and for the City Attorney, Mayoral approvals shall be forwarded to the City Council and may be modified by the Council President. (b) Exclusion from Representation. All classifica- tions and all positions within classifications covered by this program along with other City officials represent "the employer" for purposes of labor relations. As such, no classification and no position within a classification which is included in a representation unit for the pur- pose of collective bargaining under the State of Wash- ington’s public employee collective bargaining statutes contained in Chapter 41.56 RCW shall be included in this program. (c) Noncoverage and Exemption under Fair Labor Standards Act. No classification, no position within a classification and no incumbent of a position which does not qualify for noncoverage or exemption from the Fair Labor Standards Act shall be included in this program. (Ord. 4539, Amended, 12/18/1995; Ord. 4462 §1, 1994; Ord. 4461 §3, 1994; Ord. 4452 §1, 1994; Ord. 4430 §1, 1993; Ord. 4408 §1, 1993; Ord. 4387 §1, 1992; Ord. 4358 §2, 1992; Ord. 4305 §1 (in part), 1991) 2.50.030 SALARY PLAN. A salary plan for management and professional staff shall be established and salaries set for covered employees as follows: (a) Each position included in BMC 2.50.020 shall be assigned to a salary band. Assignment of positions to bands shall be based upon general salary levels paid by municipal governments of similar size, demography and financial resources for similar responsibilities. Assigned salary bands shall not be changed or established without conducting a salary survey for the position being changed. All changes must be approved by the Mayor and City Council. (Revised 8/18)2.50-2 (b) The salary bands shall be structured as follows: (1) Band Differential. The percentage differ- ential between the maximum rates of salary bands shall be approximately five (5) percent. (2) Band Range. Salary rates of a band range shall have eight (8) rates. Rate 1 is approximately five (5) percent below Rate 2. Rate 2 through Rate 8 in the band shall be spread approximately two and one-half (2.5) percent. The spread between the minimum and maximum rates shall be approximately twenty-two (22) percent. (Ord. 5347 §1, 2018: Ord. 4984 §1, 2006: Ord. 4401 §1 (in part), 1993) 2.50.031 ADJUSTMENT OF SALARY BAND LEVELS. The City Council shall provide for adjustments to salary band levels as are consistent with the Council’s CPI salary adjustment policy each year. (Ord. 4984 §2, 2006: Ord. 4401 §1 (in part), 1993) 2.50.032 ACTUAL SALARY RATE. (a) Initial Rate. The salary rate of a person upon appointment to a management or professional position shall be set no lower than Rate 1 of the salary band to which an employee’s position is assigned. When it is in the best interest of the City, the City Council may autho- rize an initial salary of a newly hired person at a rate which exceeds Rate 1. (b) Salaries may be increased as follows: (1) Salary Rate Advancement. Each person shall be eligible for a salary rate advancement upon completion of twelve (12) full months of regular (as opposed to interim) service at each rate in the salary band. To receive a salary rate advancement, the employee must be evaluated as "meets expectations" (or equivalent) on his or her work performance evaluation. Salary rate advancements shall be an increase of one rate in the same salary band, if available. (2) Additional Advancement. Those employ- ees who receive a rating that exceeds the rating "meets expectations" (or equivalent) may be eligible to receive an additional salary rate advancement for an increase of one additional rate in the same salary band, if available, above the initial rate advancement provided in subsec- tion (b)(1) of this section. This additional advancement shall require the recommendation of the department head, or equivalent, and approval of the Mayor and City Council. (3) A rate advancement that was denied may be granted following a minimum sixty (60) day review period of the employee’s performance. (4) Notwithstanding the above, when it is in the best interest of the City, the City Council upon the recommendation of the Mayor may authorize an in- range adjustment to provide additional salary in instances of promotion, to provide for internal equity corrections, or for another reason deemed appropriate by the City Council. (c) Changes to Employee Classifications. (1) Downgrading an Employee’s Classifica- tion. Upon the City Council’s approval of downgrading a person’s classification to a lower salary band, the per- son’s initial salary rate will be set at the same rate in the new band that was in effect in the former salary band. In the event a person’s salary rate exceeds the maximum rate of the salary band to which his or her position is assigned on the date of downgrading, his or her actual salary rate shall be frozen until such time as the maxi- mum rate of the new band is equal to or greater than his or her actual salary and, at such time, the employee’s salary rate shall be set at the maximum rate of the salary band to which his or her position is assigned. (2) Upgrading an Employee’s Classification. If an employee’s classification is moved from one salary band to a higher band (excluding promotions), the employee’s salary rate at the higher band shall be set at the next rate which is higher than the salary he or she was receiving at the former band. Any additional rate advancements shall require City Council approval. The employee’s salary rate advancement date does not change. (3) Promotions. In the event an employee is promoted from one classification to a higher classifica- tion (one salary band to a higher salary band), the employee’s salary rate at the higher band shall be set at the next rate which is higher than the salary he or she was receiving at the former band. Promoted employees shall be eligible for a salary rate advancement upon completion of twelve (12) full months of regular (as opposed to interim) service at each rate in the new salary band, which shall be the employee’s new salary rate advancement date. Any additional rate advancements shall require City Council approval. (Ord. 5210 §1, 2013: Ord. 4984 §3, 2006: Ord. 4551, Amended, 05/23/1996; Ord. 4458 §1, 1994; Ord. 4401 §1 (in part), 1993) 2.50.034 INITIAL BENEFITS FOR DEPARTMENT HEADS. When it is in the best interest of the City, the City Council may authorize increased or additional benefits in hiring a department head beyond those specified in this chapter. Any extraordinary benefits must be included in the department head’s employment contract 2.62-1 (Revised 8/18) 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. (a) The Municipal Court Hearing Examiner shall have jurisdiction to receive, hear and rule on complaints referred under the City’s Code of Ethics, Chapter 2.96 BMC. All references to Hearing Examiner in Chapter 2.96 BMC shall mean Municipal Court Hearing Exam- iner. (b) The Municipal Court Hearing Examiner shall also have jurisdiction to receive, hear and rule on appeals of administrative decisions specified in the fol- lowing chapters of the Bremerton Municipal Code: (1) Animals: Chapter 7.12 BMC, Dangerous Animals, and Chapter 7.16 BMC, Miscellaneous Provi- sions; (2) Traffic: Chapter 10.10 BMC, Parking Code, and Chapter 10.20 BMC, Commute Trip Reduc- tion Plan; (Revised 8/18)2.62-2 (3) Nuisance properties: Chapter 6.12 BMC, Unfit Dwellings, Buildings, Structures, and Premises. In addition to the chapters identified above, the Municipal Court Hearing Examiner shall have jurisdic- tion to hear and rule on other matters as may be desig- nated by the Bremerton Municipal Code. (c) For appeals from a final decision of the Admin- istrative Hearing Examiner issued under Chapter 6.12 BMC, the Municipal Court Hearing Examiner shall have jurisdiction to receive and rule on appeals pursuant to the time period and procedures for appeals set forth in Chapter 6.12 BMC. (d) For all other appeals, the Municipal Court Hearing Examiner shall have jurisdiction to receive and rule on appeals by aggrieved appellants of administra- tive 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 covered 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 estab- lishing the appeal. (e) Appeals shall be accompanied by a filing fee, pursuant to Chapter 3.01 BMC, which shall be refunded if the appellant substantially prevails. The Municipal Court Judge shall adopt rules for scheduling and con- duct of administrative hearings. (f) 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. (g) The Municipal Court Hearing Examiner’s decision shall be final and conclusive unless the appel- lant or the City files for a writ of certiorari in Kitsap County Superior Court within thirty (30) days. Proce- dures of this section 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. (Ord. 5346 §2, 2018: 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) 3.01-1 (Revised 8/18) Chapter 3.01 RATES AND FEES Sections: 3.01.010 RATES AND FEES ESTABLISHED. 3.01.010 RATES AND FEES ESTABLISHED. Rates and fees for services relating to the Depart- ment of Financial Services, Municipal Court, Depart- ment of Community Development, Police Department, Fire Department, Parks and Recreation Department, Department of Public Works and Utilities, Bremerton Kitsap Access Television (BKAT) and other related ser- vices are established by resolution or ordinance and are on file with the City Clerk and may be posted or linked on the City of Bremerton’s website.* (Ord. 5130 §1, 2010) * Code reviser’s note: The link to the Rates and Fees page of the City website is: http://www.BremertonWA.gov/164/Rates-Fees. The link to the Rates and Fees Table is: http://www.BremertonWA.gov/DocumentCenter/View/98. (Revised 8/18) Title 6 HEALTH AND SANITATION Chapters: 6.02 PUBLIC NUISANCES 6.04 GARBAGE AND REFUSE 6.06 JUNK VEHICLES 6.08 NUISANCE VEGETATION 6.10 ABANDONED PROPERTY REGISTRATION AND MAINTENANCE 6.12 UNFIT DWELLINGS, BUILDINGS, STRUCTURES, AND PREMISES 6.28 UNIFORM LITTER CONTROL CODE 6.32 NOISE LEVELS 6.12-1 (Revised 8/18) Chapter 6.12 UNFIT DWELLINGS, BUILDINGS, STRUCTURES, AND PREMISES Sections: 6.12.010 PURPOSE - FINDINGS. 6.12.020 DEFINITIONS. 6.12.030 AUTHORITY OF PUBLIC OFFICER. 6.12.040 CRITERIA FOR UNFIT OR DANGEROUS DWELLINGS, BUILDINGS, STRUCTURES, AND PREMISES. 6.12.050 INSPECTION AND COMPLAINT. 6.12.060 FINDINGS AND ORDER. 6.12.070 APPEALS. 6.12.080 ENFORCEMENT OF ORDER. 6.12.090 SALE OR DISPOSAL OF MATERIALS AND CONTENTS. 6.12.100 RECOVERY OF COSTS AND EXPENSES. 6.12.110 PERMITS AND REGULATIONS. 6.12.120 REMEDIES NOT EXCLUSIVE. 6.12.010 PURPOSE - FINDINGS. (a) Pursuant to Chapter 35.80 RCW, incorporated herein by this reference, as currently enacted and here- inafter amended, the City Council finds that there are within the City of Bremerton dwellings which are unfit for human habitation and buildings, structures, and premises or portions thereof which are unfit for other uses due to dilapidation, disrepair, structural defects, unpermitted and substandard construction or modifica- tion, filth and other conditions attracting insects or ver- min or likely to spread disease, defects increasing the hazards of fire, accidents, or other calamities, or other similar conditions and violations of various building, health, and safety regulations, and/or which are vacant, unsecured, and abandoned or apparently abandoned. (b) Such dwellings, buildings, structures, and premises are dangerous to occupants, threaten the public health, safety, and welfare, attract and harbor vagrants and criminals, offend public values, lower the value of neighboring properties, contribute to neighborhood or community deterioration, and hamper community and economic development. (c) When the owners or other persons in posses- sion or control of such properties are unwilling or unable to correct such conditions in a proper and timely manner, it is in the interest of the community for the City to intervene and correct, repair, or remove such dwell- ings, buildings, structures, premises and conditions and to pursue all legal means to recover from such persons and/or properties the costs of doing so, including the costs of staff salaries and benefits, materials, contrac- tors, and all other legally recoverable costs and expenses. (Ord. 5346 §1 (part), 2018) 6.12.020 DEFINITIONS. As used in this chapter, unless a different meaning is plainly required: (a) "Abate" means to repair, replace, remove, destroy or otherwise remedy a condition that constitutes a civil violation by such means, in such manner, and to such an extent to put an end to, or otherwise diminish the intensity of, any condition causing a structure to be dan- gerous or unfit as the code enforcement officer or the Administrative Hearing Examiner determines is neces- sary in the interest of the general health, safety and wel- fare of the community. (b) "Act" means doing or performing something. (c) "Administrative Hearing Examiner" means the Administrative Hearing Examiner established pursuant to Chapter 2.13 BMC which shall serve as the board as defined in and pursuant to Chapter 35.80 RCW. (d) "Building" means any permanent or temporary structure enclosed within exterior walls and a roof, and shall include a dwelling as applicable. (e) "City" means City of Bremerton. (f) "Code enforcement officer" means a public officer as defined in RCW 35.80.020(4) and includes any person or persons authorized by statute, ordinance, regulation, written City policy, or interlocal agreement, or designated by the Mayor or his or her designee, to enforce any of the regulations subject to the enforce- ment provisions of this chapter, and shall expressly include the City’s code enforcement officers; the City Attorney, or his or her designee; the Chief of the Bremerton Police Department, or his or her designee; the Director of the Department of Community Develop- ment, or his or her designee; the Director of the Depart- ment of Public Works and Utilities, or his or her designee; building inspectors; construction inspectors; the Chief of the Bremerton Fire Department, or his or her designee; Fire Code Official; and fire inspectors. For the purpose of RCW 35.80.020(4), "code enforcement officer" shall also mean Administrative Hearing Exam- iner as applicable for the duties set forth in this chapter for the Administrative Hearing Examiner. (g) "Complaint" means a written statement, issued by a code enforcement officer, pursuant to RCW 35.80.030. (h) "Costs of abatement" means the costs of any abatement action taken by the City to abate the violation using lawful means in the event that the person respon- sible for the violation fails so to do. The term includes incidental expenses including, but not limited to, per- (Revised 8/18)6.12-2 sonnel costs, both direct and indirect and including attorney’s fees; costs incurred in documenting the viola- tion; hauling, storage and disposal expenses; and actual costs and expenses of the City in preparing notices, specifications and contracts, and in accomplishing and/or contracting and inspecting the work; the costs of any required printing and mailing; and costs of enforce- ment. (i) "Costs" or "costs of enforcement" means costs incurred related to enforcement under this chapter, including but not limited to costs of service of notice, costs of the hearing, administrative costs established by resolution for enforcement of garbage and refuse and nuisance vegetation violations, as well as other adminis- trative costs. (j) "Day" or "days," as used in this chapter, shall mean calendar days unless expressly stated otherwise in a given section or subsection. In addition, any portion of a twenty-four (24) hour day shall constitute a full calen- dar day. (k) "Dwelling" shall mean or include any building or structure developed or utilized for human habitation. (l) "Municipal Court Hearing Examiner" means the Municipal Court Hearing Examiner established pur- suant to Chapter 2.62 BMC which shall serve as the appeals commission as defined in and pursuant to Chap- ter 35.80 RCW. (m) "Omission" means a failure to act. (n) "Owner" shall mean the owner or taxpayer shown in the records of the Kitsap County Assessor- Treasurer, recorded with the Kitsap County Auditor, or as otherwise known to the City of Bremerton, and shall include any manager or other representative of the owner, or other person with responsibility for or control over the structure or premises. (o) "Person" means any individual, firm, associa- tion, partnership, corporation or any entity, public or private. (p) "Person responsible for the violation" or "per- son who violates" means, unless otherwise defined, any person who has titled ownership of the property or struc- ture which is subject to the regulation, an occupant in control of the property or structure which is subject to the regulation, a developer, builder, or business operator or owner who is developing, building, or operating a business on the property or in a structure which is sub- ject to the regulation and/or any person who created the violation or any person who has control over the prop- erty and allows the violation to continue. (q) "Property" or "premises" means any building, lot, parcel, real estate or land or portion of land whether improved or unimproved, including adjacent sidewalks, public rights-of-way, and parking strips, and any lake, river, stream, drainage way or wetland. (r) "Public officer" means public officer as defined in RCW 35.80.020(4) and includes the code enforcement officer and the Administrative Hearing Examiner as defined in this section. (s) "Regulation" means and includes the follow- ing, as now enacted or hereafter amended: (1) All Bremerton Municipal Code provisions making reference to this chapter; (2) All standards, regulations and procedures adopted by the City that make reference to this chapter; and (3) The terms and conditions of any permit or approval issued by the City, or any concomitant agree- ment with the City, pursuant to code provisions that make reference to this chapter. (t) "Structure" shall mean or include that which is built or constructed or a portion thereof and shall include a building or dwelling as applicable. (u) "Violation" or "civil violation" means an act or omission contrary to a regulation as defined in subsec- tion (s) of this section. A violation continues to exist until abated to the satisfaction of the City, with each day or portion thereof in which the violation continues con- stituting a separate violation. (Ord. 5346 §1 (part), 2018) 6.12.030 AUTHORITY OF PUBLIC OFFICER. As defined in BMC 6.12.020, the public officer, as used in this chapter, includes the code enforcement offi- cer and the Administrative Hearing Examiner as appli- cable, also as defined in BMC 6.12.020. The public officer is hereby authorized to exercise such powers as may be necessary or convenient to carry out and effec- tuate the purposes and provisions of this chapter. These powers shall include the following in addition to others granted in this chapter: (a) To determine: (i) which dwellings are unfit for human habitation; and/or (ii) which buildings, struc- tures, or premises are unfit for other use; (b) To administer oaths and affirmations, examine witnesses, and receive evidence; and (c) To investigate the dwelling and other property conditions and to enter upon premises for the purpose of making examinations when the code enforcement offi- cer has reasonable grounds for believing they are unfit for human habitation, or for other use; Provided, that such entries shall be made in such manner as to cause the least possible inconvenience to the persons in possession, and to obtain an order for this purpose after submitting evidence in support of an appli- cation which is adequate to justify such an order from a court of competent jurisdiction in the event entry is denied or resisted; Provided further, that the public officer may recog- nize and give appropriate effect to special and extenuat- ing circumstances which, in order to do substantial 6.12-3 (Revised 8/18) justice, warrant the exercise of discretion to adjust the time frames, standards and other provisions of this chap- ter. Examples of circumstances which may warrant such exercise of discretion include, without limitation, medi- cal illness or disability affecting a property owner’s abil- ity to respond to orders or appear at hearings and bona fide insurance coverage disputes which create a definite risk that enforcement of this chapter would unfairly result in a substantial economic loss to the property owner. (Ord. 5346 §1 (part), 2018) 6.12.040 CRITERIA FOR UNFIT OR DANGEROUS DWELLINGS, BUILDINGS, STRUCTURES, AND PREMISES. The code enforcement officer may determine that a structure is dangerous or unfit for human habitation or other use if he/she finds that conditions exist in such structure which are dangerous or injurious to the health, safety, or welfare of the occupants of such structure, the occupants of neighboring structures, or other residents of the City. Such conditions may include the following, without limitations: (a) Any door, aisle, passageway, stairway, or other means of exit is too narrow or small, or other factors or conditions exist, so as to be unsafe or to hinder safe exit in case of panic, fire, or other emergency. (b) The walking surface of any aisle, passageway, stairway, or other means of exit is so warped, worn, loose, torn, or other factors or conditions exist, so as to be unsafe or to not provide safe and adequate means of exit in case of panic, fire, or other emergency. (c) The stress in any materials, member, or portion thereof, due to dead and live loads, is more than one and one-half (1-1/2) times the working stress or stresses allowed in the building code, Chapter 17.04 BMC, for new buildings of similar structure, purpose, or location. (d) Any portion has been damaged by fire, earth- quake, wind, flood, deterioration, neglect, or any other cause, to such an extent that the structural strength or stability thereof is materially less than it was before such damage or deterioration and is less than the minimum requirements of the building code for new buildings of similar structure, purpose, or location. (e) Any portion or member or appurtenance thereof is likely to fail, or to become detached or dis- lodged, or to collapse and thereby injure persons, dam- age property, or render other portions of the structure or premises unsafe or unfit to occupy. (f) Any portion of a building, or any member, appurtenance, or ornamentation on the exterior thereof, is not of sufficient strength or stability, or is not so anchored, attached, or fastened in place, as to be capable of resisting a wind pressure of one-half (1/2) of that specified in the building code for new buildings of sim- ilar structure, purpose, or location without exceeding the working stresses permitted in the building code for such buildings. (g) Any portion thereof is wracked, warped, buck- led, settled, or other conditions exist, such that walls or other structural portions have materially less resistance to wind, earthquakes, snow, or other loads than is required in the case of similar new construction. (h) The building or structure, or any portion thereof, because of (i) dilapidation, deterioration, or decay; (ii) faulty construction; (iii) the removal, move- ment, or instability of any portion of the ground neces- sary for the purpose of supporting such building; (iv) the deterioration, decay, or inadequacy of its foundation; or (v) any other cause, is likely to partially or completely collapse. (i) For any reason, the building or structure, or any portion thereof, is manifestly unsafe for the purpose for which it is being used or is designed and intended to be used. (j) The exterior walls or other vertical structural members list, lean, or buckle to such an extent that a plumb line passing through the center of gravity does not fall within the middle one-third (1/3) of the base. (k) The building or structure, exclusive of the foundation, shows thirty-three (33) percent or more damage or deterioration of its supporting member or members, or fifty (50) percent damage or deterioration of its nonsupporting members, enclosing or outside walls or coverings. (l) Any structure or premises that is damaged by fire, wind, earthquake, flood, or any other cause has become dilapidated, deteriorated, or neglected, or is abandoned or apparently abandoned and not thoroughly and adequately secured against unauthorized entry, so as to (i) be an attractive nuisance to children; (ii) attract and/or provide harborage for vagrants, criminals, or immoral persons; or (iii) enable persons to resort thereto and commit unlawful, immoral, or dangerous acts. (m) Any building or structure has been constructed, exists, or is maintained in violation of any specific requirement or prohibition applicable to such building or structure provided by the building regulations of this jurisdiction, as specified in the building code, Chapter 17.04 BMC, or of any other law of this state or ordi- nance of the City relating to the condition, location, or structure of buildings. (n) Any building or structure, which, whether or not erected in accordance with all applicable laws and ordinances, has in any nonsupporting part, member, or portion less than fifty (50) percent or in any supporting part, member, or portion less than sixty-six (66) percent of the (i) strength, (ii) fire-resisting qualities or charac- teristics, or (iii) weather-resisting qualities or character- istics required by law for newly constructed buildings of like area, height, and occupancy in the same location. (Revised 8/18)6.12-4 (o) Any structure or premises which, because of: neglect, dilapidation, decay, damage, or faulty construc- tion; inadequate light, air, or sanitation facilities; infes- tation of rodents, roaches, wood-destroying organisms, or other vectors of disease; filth or accumulation of gar- bage; or for any other reason, is unsanitary, unfit for human habitation or occupancy, or in such a condition that is likely to cause sickness or disease. (p) A structure or premises which, because of obsolescence, deterioration, damage, lack of sufficient or proper fire-resistive construction or fire-protection systems, faulty electric wiring or components, gas con- nections, or mechanical systems, or other cause, is determined by the Fire Marshal to be a fire hazard. (q) Equipment or systems which are unsafe due to damage, deterioration, faulty or inadequate maintenance or construction, or any other reason. (r) Any portion of a structure remaining on a site after the demolition or destruction of the structure or any structure abandoned so as to constitute such structure or portion thereof an attractive nuisance or hazard to the public. (s) Any building or structure in such a condition as to constitute a public nuisance known to the common law or in equity jurisprudence. (t) Any other condition the Building Official or other official or expert can articulate that renders the structure unsafe or unfit for habitation or occupancy. (Ord. 5346 §1 (part), 2018) 6.12.050 INSPECTION AND COMPLAINT. (a) Complaint and Service. If, after a preliminary investigation of any dwelling, building, structure, or premises, the code enforcement officer finds that it is dangerous or unfit for human habitation or other use, he/she shall cause to be served either personally or by certified mail, with return receipt requested, upon all persons having any interest therein, as shown upon the records of the Kitsap County Auditor, and shall post in a conspicuous place on such property, a complaint stat- ing in what respects such dwelling, building, structure, or premises is unfit for human habitation or other use. If the whereabouts of any of such persons are unknown and the same cannot be ascertained by the code enforce- ment officer in the exercise of reasonable diligence, and the code enforcement officer makes an affidavit to that effect, then the serving of such complaint or order upon such persons may be made either by personal service or by mailing a copy of the complaint and order by certi- fied mail, postage prepaid, return receipt requested, to each such person at the address of the building involved in the proceedings, and mailing a copy of the complaint and order by first class mail to any address of each such person in the records of the Kitsap County Treasurer- Assessor or Auditor. (b) Notice of Hearing. Such complaint shall con- tain a notice that a hearing will be held before the Administrative Hearing Examiner, at a place therein fixed, not less than ten (10) days nor more than thirty (30) days after the serving of the complaint; and that all parties in interest shall be given the right to file an answer to the complaint, to appear in person, or other- wise, and to give testimony at the time and place in the complaint. The rules of evidence prevailing in courts of law or equity shall not be controlling in hearings before the Administrative Hearing Examiner. (c) Filing of Complaint. A copy of such complaint shall also be filed with the Kitsap County Auditor and such filing of the complaint or order shall have the same force and effect as other lis pendens notices provided by law. (Ord. 5346 §1 (part), 2018) 6.12.060 FINDINGS AND ORDER. (a) Findings. The Administrative Hearing Exam- iner may determine that a dwelling, building, structure, or premises is unfit for human habitation or other use if it finds that conditions exist in such dwelling, building, structure, or premises which are dangerous or injurious to the health or safety of the occupants of such dwelling, building, structure, or premises, the occupants of neigh- boring dwellings, or other residents of such municipal- ity. Such conditions may include the following, without limitations: defects therein increasing the hazards of fire or accident, inadequate ventilation, light, or sanitary facilities, dilapidation, disrepair, structural defects, uncleanliness, overcrowding, or inadequate drainage based on City building code, fire code and other appli- cable City codes. (b) Order and Service. If, after the required hear- ing, the Administrative Hearing Examiner determines that the dwelling is dangerous or unfit for human habi- tation, or building or structure or premises is unfit for other appropriate use, he/she shall state in writing his/her findings of fact in support of such determination, and shall issue and cause to be served upon the owners and parties in interest thereof, as provided in BMC 6.12.050, and shall post in a conspicuous place on the property, an order that (1) requires the owners and par- ties in interest, within the time specified in the order, to repair, alter, or improve such dwelling, building, struc- ture, or premises to render it fit for human habitation, or for other appropriate use, or to vacate and close the dwelling, building, structure, or premises, if such course of action is deemed proper on the basis of the standards set forth in BMC 6.12.040; or (2) requires the owners and parties in interest, within the time specified in the order, to remove or demolish such dwelling, building, structure, or premises, if this course of action is deemed proper on the basis of those standards. If no appeal is filed, a copy of such order shall be filed with the Kitsap County Auditor. 6.12-5 (Revised 8/18) (c) Demolition of Structure. In ordering the required course of action to be taken by the owner to abate the unfit or dangerous structure, the Administra- tive Hearing Examiner may order the structure or a por- tion thereof demolished and not repaired under the following circumstances: (1) The structure is patently illegal with regard to building, zoning, or other regulations; (2) The estimated cost to repair the structure or portion thereof is more than fifty (50) percent of the value of the structure or portion thereof; or (3) The estimated cost to repair the structure or portion thereof is less than fifty (50) percent of the value and repairing and/or securing the structure from entry would, nevertheless, cause or allow the structure to remain a hazard or public nuisance, continue a non- conforming use, or otherwise be an unreasonable use of public funds. (d) Value of Structure. The value of the structure shall be as determined by the Kitsap County Assessor- Treasurer. In estimating the cost of repairing the struc- ture, the Administrative Hearing Examiner may rely upon such cost-estimating publication or method the Building Official deems appropriate. (Ord. 5346 §1 (part), 2018) 6.12.070 APPEALS. (a) Municipal Court Hearing Examiner. Within thirty (30) days from the date of service upon the owner and posting of the decision issued by the Administrative Hearing Examiner under BMC 6.12.060, the owner or any party in interest may file an appeal with the Munic- ipal Court Hearing Examiner, serving as the appeals commission pursuant to RCW 35.80.030. Appeals shall be filed pursuant to RCW 35.80.030(g). (b) Order. Absent an injunction issued by a court of competent jurisdiction, in accordance with RCW 35.80.030(2), within thirty (30) days after posting and service of the Municipal Court Hearing Examiner’s order, the decision of the Municipal Hearing Examiner shall be final. The findings and orders of the Municipal Court Hearing Examiner shall be reported in the same manner and shall bear the same legal consequences as if issued by the Administrative Hearing Examiner. (c) Superior Court. An appeal of the decision of the Municipal Court Hearing Examiner pursuant to sub- section (b) of this section must be filed with the Superior Court within thirty (30) calendar days of the issuance of the decision. (d) Service. Service shall be deemed complete when the Administrative Hearing Examiner or Munici- pal Court Hearing Examiner, or his or her assistant, hands any order, ruling, decision, or other document to a person prior to, during, or after a hearing or sends by certified mail, with return receipt requested, any order, ruling, decision, or other document to a person having an interest therein. (Ord. 5346 §1 (part), 2018) 6.12.080 ENFORCEMENT OF ORDER. (a) If the owners or parties in interest, following exhaustion of his or her rights to appeal, fail to comply with the final order to repair, alter, improve, vacate, close, remove, or demolish the dwelling, building, struc- ture, or premises, the code enforcement officer may direct or cause such dwelling, building, structure, or premises to be repaired, altered, improved, vacated and closed, removed, or demolished. (b) In the enforcement of this section, the code enforcement officer is authorized to enter the structure and/or premises for inspection, testing, sampling, or other purposes preparatory to and in the conduct of the repairs, demolition, or other actions, to hire contractors as necessary to perform the work, and to spend public funds to complete the work. (Ord. 5346 §1 (part), 2018) 6.12.090 SALE OR DISPOSAL OF MATERIALS AND CONTENTS. If the dwelling, building, structure, or premises is removed or demolished by the code enforcement offi- cer, the code enforcement officer shall, if possible, sell the materials of such dwelling, building, structure, or premises in accordance with procedures set forth in BMC 2.76.150 and 2.78.010 and other applicable laws and policies and shall credit the proceeds of such sale against the cost of the removal or demolition and, if there be any balance remaining, it shall be paid to the parties entitled thereto, as determined by the code enforcement officer, after deducting the costs incident thereto. (Ord. 5346 §1 (part), 2018) 6.12.100 RECOVERY OF COSTS AND EXPENSES. (a) Costs of Abatement. The amount of the cost of such repairs, alterations or improvements; or vacating and closing; or removal or demolition by the code enforcement officer, shall be assessed against the real property upon which such cost was incurred unless such amount is previously paid. (b) Related Costs. For purposes of this section, the cost of vacating and closing shall include all reasonable expenses, including but not limited to the costs of staff time, materials, incidentals, mailing, publishing, and recording notices. (c) Certification and Final Order. Upon certifica- tion by the City Treasurer of the assessment amount being due and owing, the code enforcement officer will send a notice to the property owner requesting payment and scheduling a hearing in front of the Administrative Hearing Examiner to sign a final order certifying the assessment amount due and owing that would be sent to (Revised 8/18)6.12-6 the Assessor. The final order is not appealable to the Municipal Court Hearing Examiner. (d) Assessment on Property. If unpaid, the final order certifying the assessment amount due and owing shall be sent to the County Assessor-Treasurer to enter the amount of such assessment upon the tax rolls against the property for the current year and the same shall become a part of the general taxes for that year to be col- lected at the same time and with interest at such rates and in such manner as provided for in RCW 84.56.020 for delinquent taxes, and when collected to be deposited to the abatement fund of the City. (e) Lien. Pursuant to RCW 35.80.030(1)(h), the amount of such costs shall constitute a lien against the property of equal rank with state, county, and municipal taxes. (Ord. 5346 §1 (part), 2018) 6.12.110 PERMITS AND REGULATIONS. All repairs, improvements, maintenance, or other work performed in relation to any enforcement under this code shall be performed and completed in compli- ance with all permitting and other requirements of all applicable codes and regulations. The owner shall be responsible for identifying and complying with all applicable codes and regulations. (Ord. 5346 §1 (part), 2018) 6.12.120 REMEDIES NOT EXCLUSIVE. (a) This section does not abrogate or impair the powers of the courts or of any department of the City to enforce any provisions of its charter or its ordinances or regulations, nor to prevent or punish violations thereof; and the powers conferred by this section shall be in addi- tion and supplemental to the powers conferred by any other law. (b) This section does not impair or limit in any way the power of the City to define and declare nui- sances and to cause their removal or abatement, by sum- mary proceedings or otherwise. (Ord. 5346 §1 (part), 2018) 20.02-3 (Revised 8/18) 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, development agreements, vacation of subdivi- sions, etc. (e) Table 040 Permit Processing Procedures. 1 The Hearing Examiner holds an open-record hearing for preliminary approval. The Director makes the final administrative deci- sion. 2 The Hearing Examiner holds an open-record hearing. The City Council holds a closed-record hearing for final approval. (Ord. 5345 §2, 2018: 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 NoNoNo 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 8/18)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 20.12-3 (Revised 8/18) 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 8/18)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 I Director 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 are required: 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- nature approves the adequacy of the proposed means of 20.12-5 (Revised 8/18) Bremerton Municipal Code 20.12.110 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 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. 5345 §3, 2018: 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 8/18)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 8/18) 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 and is suitable for pro- ducing legible prints through scanning, microfilming or other standard copying procedures. The map shall mea- sure 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. 5345 §4, 2018: 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 8/18)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) 20.42-3 (Revised 8/18) 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 8/18)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, the associated Comprehensive Plan land use density applies. "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. 20.42-7 (Revised 8/18) Bremerton Municipal Code 20.42.040 (l) Definitions "L": "Light industrial/manufacturing" means a land use involving assembly, processing or research and test- ing of parts or materials or chemicals made or refined at another location. Light industrial/manufacturing uses have little or no potential of creating noise, smoke, dust, vibration or other environmental impacts or pollution. Production processes do not employ the extensive use of hazardous or volatile materials or chemicals, produce continuous high levels of noise, produce obnoxious odors detectable off site, or produce off-site light or glare impacts. Storage of equipment or products that do not create environmental impacts, and mini-storage 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 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 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 (Revised 8/18)20.42-8 20.42.040 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 areas retained for use as active or passive recreation areas or for resource protec- tion, including, but not limited to, landscape areas, gar- dens, walkways, courtyards, lawns, or outdoor recreation areas. "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" mean 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 which conforms to BMC 20.48.220. "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. "Pedestrian-oriented" means development designed with an emphasis primarily focused on pedes- trian access from the street and sidewalks rather than vehicle-dominant design. In general, buildings are placed close to the street and the main entrance(s) is ori- 20.42-9 (Revised 8/18) Bremerton Municipal Code 20.42.040 ented to the street sidewalk and generally includes win- dows or display cases along building facades which face the street or pedestrian areas. "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, movable readerboard signs, and signs that are mounted, attached or painted on a trailer, boat or motor vehicle which is parked, stored or displayed conspicu- ously in a manner intended to attract the attention of the public 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 stations, 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/transmission 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 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 (Revised 8/18)20.42-10 20.42.040 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- 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. 20.42-11 (Revised 8/18) Bremerton Municipal Code 20.42.040 "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" or "multi-modal sta- tion" means a dedicated transit facility where several transit routes converge, including transit stations, transit stops, taxicab stands, transportation services, bicycle facilities, battery changing stations, electric vehicle charging stations, and similar. The transportation facil- ity shall be owned, leased, or endorsed by a public tran- sit authority for the purpose of providing public transportation services. A transportation facility is designed to accommodate several buses or multiple modes of transit that allows users to easily transfer between transit routes or modes. A transportation facil- ity may provide transit passenger covered shelters and waiting areas, restrooms, and access for transit modes including buses, taxis and drop-off, and park and rides. (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. (Revised 8/18)20.42-12 20.42.040 (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 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 vehicle or equip- ment storage yards, or other functions that are not clearly a necessary or integral part of the religious insti- tution. (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. 5351 §2, 2018; Ord. 5345 §§5-9, 2018; Ord. 5326 §4, 2017; Ord. 5319 §§3, 4, 2017; Ord. 5312 §3, 2016; 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) 20.70-1 (Revised 8/18) 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 8/18)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 fifty (50) percent of the ground floor building facade. Exceptions to this require- ment will be made for projects that comply with BMC 20.70.070(a)(6). (Ord. 5351 §3, 2018: 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. The following design standards shall be applied to all new structures and redeveloped structures. Residen- tial development of three (3) units or fewer is exempt from this section. When development involves the remodel or expansion of existing structures, the Director may modify these requirements to reasonably fit the scope and scale of the remodel or expansion. (a) Primary Design Features. The following crite- ria shall be applied to all primary building facades and facades facing public streets: (1) Top and Base. Buildings shall convey a visually distinct base and top. A "base" can be empha- sized by a different masonry pattern, more architectural detail, visible plinth above which the wall rises, store- front, canopies, or a combination. The top edge is high- 20.70-3 (Revised 8/18) Bremerton Municipal Code 20.70.080 lighted by a prominent cornice, projecting parapet or other architectural element that creates a shadow line. (2) Orientation. All properties adjacent to a public right-of-way shall orient structures toward the primary street. Properties located at intersections should orient their structures toward the intersecting corner. (3) Minimum Transparency. At least sixty (60) percent of all facades facing the public sidewalk, or sidewalks providing circulation within a site, measured to eight (8) feet above the sidewalk or surface grade, shall be comprised of transparent windows or doors. (4) 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. (5) Mechanical Equipment Screening. Roof- top and ground-level mechanical equipment shall be screened from view from public streets. Screening materials shall be architecturally similar to the primary structure. (6) Ground-Floor. Ground-floor frontage of a structure facing a public right-of-way must conform to either subsection (a)(6)(i) or (ii) of this section, except as provided in subsection (a)(6)(iii) of this section: (i) Constructed for Pedestrian-Oriented Uses. At least fifty (50) percent of the floor area abutting the linear sidewalk level shall be designed and con- structed for "pedestrian-oriented" uses. (ii) Constructed for Future Pedestrian- Oriented Uses. At least fifty (50) percent of the floor area abutting the linear sidewalk level shall be designed and constructed to accommodate potential future con- version to "pedestrian-oriented" uses and may be occu- pied by any use permitted in BMC 20.70.020. The areas designed and constructed to accommodate future con- version shall meet the following standard, in addition to any other required design standards: The sidewalk level facade must include an entrance or entrances to accom- modate a single or multiple tenants or be structurally designed so entrances can be added when converted to the building uses listed in BMC 20.70.020. (iii) Exception. For structures that abut two (2) or more public rights-of-way and contain topog- raphy or other site constraints that would make the placement of the pedestrian-oriented use on the ground floor difficult for the public to utilize, the pedestrian-ori- ented requirement in subsections (a)(6)(i) and (ii) of this section may be reduced to one (1) street frontage. (b) Secondary Design Features. Four (4) secondary design features are required from the following list: (1) Multiple Roof Lines. Structures shall have at least three (3) horizontal roof lines, as viewed from the front facade. (2) Modulation. The horizontal plane of a structure shall not extend for more than thirty (30) feet, as measured from any one (1) point of the structure, without a significant architectural variation of at least two (2) feet in depth. (3) Facade Materials. At least three (3) differ- ent facade materials shall be incorporated into the exte- rior appearance of the structure (wood, brick, stucco, tile, shingles, other). (4) Additional Transparency. An additional fifteen (15) percent transparency to what is required per subsection (a)(3) of this section. (5) Weather Protection. Recessed or protrud- ing building features, of no less than four (4) feet in depth, which extend along at least fifty (50) percent of the front facade. (6) Main Entry. Pedestrian entrances are pre- ferred from buildings facing the street. Entries shall be easily identifiable from the street or sidewalk; this can be accomplished through architectural or ornamental features. (7) Public Amenity. Outdoor eating area, art- work, street furniture, plantings in window boxes, pub- lic trash receptacles, or other alternative public amenity approved by the Director. Any proposed amenity shall be architecturally compatible with the principal struc- ture. Any approved amenity shall be maintained for the life of the project. (Ord. 5351 §4, 2018: Ord. 5319 §12, 2017: 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. (Revised 8/18)20.70-4 20.70.090 (d) All efforts shall be taken to avoid placing park- ing on street corners. Parking located between the build- ing frontage and street corners shall be fully screened as follows: (1) A four (4) foot tall decorative wall within the front yard landscaping area that fully screens the parking areas. The wall shall be located such that it blocks views of the parking from the right-of-way. For long spans of frontage (one hundred (100) feet or more), the wall shall include modular articulation to add archi- tectural variety. (i) Alternate architectural features, shrubs may be substituted for the wall, provided it is demonstrated that the shrubs/alternative will provide equal to or better visual screening than the wall. Shrubs shall be a minimum of three (3 ) feet tall at time of instal- lation and shall be additional to the landscaping required in Chapter 20.50 BMC. (ii) Openings and architectural features may be required within a wall section in order to tie the wall feature into the architecture of the building and to provide pedestrian access. The entry shall be the mini- mum necessary to accommodate a sidewalk that is a minimum of five (5) feet in width, clearly marked, and distinguished from driving surfaces by using decorative paving, stamped/stained concrete, or raised walkways with alternative materials (such as brick, cobblestone, decorative pavers). Paint striping does not meet this requirement. (e) Access to parking shall be provided per the fol- lowing priority: (1) First, from an alley if available; if an alley is not available, then from local street; (2) If neither is available, then from a non- principal arterial street; (3) If none of the above are available then from a principal arterial street. Project applicants shall be required to demonstrate to the satisfaction of the City that access design has been considered with the preceding priorities. The applicant shall demonstrate that the proposed access is provided from the highest priority facility per the above list. (f) Driveways providing access to parking shall be well marked. (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) Number Subject Tables-7 (Revised 8/18) 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 (Repealed by 5311) 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 8/18)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 (Repealed by 5350) 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-11 (Revised 8/18) 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 (Repealed by 5327) 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) 5305 Bond issuance (Special) 5306 Amends § 15.03.040, wastewater service beyond city limits (15.03) 5307 Amends § 3.50.050, utility taxes (3.50) 5308 Amends §§ 11.02.040, 11.12.080, 11.12.090 and 11.12.110, streets and rights-of-way (11.02, 11.12) 5309 Amends Ch. 13.10, municipal trees (13.10) 5310 Amends § 15.01.020, Ch. 15.04 and § 15.06.050, municipal utilities (15.01, 15.04, 15.06) Number Subject (Revised 8/18)Tables-12 5311 Repeals and replaces Ch. 2.18, audit committee and city auditor (2.18) 5312 Amends § 20.42.040 and Ch. 20.52, sign standards (20.42, 20.52) 5313 2017 tax levy (Special) 5314 Amends Ord. 5288, rates and fees for department of public works and utilities (Not codified) 5315 Adopts 2017 budget (Special) 5316 Amends 2016 budget (Special) 5317 Street vacation (Special) 5318 Repeals and replaces Ch. 2.88, ADA advisory committee (2.88) 5319 Adds §§ 20.79.070 and 20.98.070; amends §§ 20.02.150, 20.42.040(g) and (o), 20.44.020, 20.44.070, 20.50.050, 20.62.020, 20.62.070, 20.70.070, 20.82.060, 20.82.070, 20.86.070 and 20.92.070; repeals §§ 20.46.120 and 20.54.090, land use (20.02, 20.42, 20.44, 20.50, 20.62, 20.70, 20.79, 20.82, 20.86, 20.92, 20.98) 5320 Annexation (Special) 5321 Amends §§ 15.01.020, 15.02.130, 15.03.100, 15.03.110, 15.06.015, 15.06.020 and 15.07.020, utilities (15.01, 15.02, 15.03, 15.06, 15.07) 5322 Amends Ch. 7.05, prohibited animals (7.05) 5323 Amends 2017 budget (Special) 5324 Amends Ord. 5314, rates and fees for department of public works and utilities (Not codified) 5325 Amends Ch. 9.92, chronic nuisance properties (9.92) 5326 Adds § 20.82.040; amends §§ 20.02.140, 20.42.040(a), 20.46.020, 20.46.050 and 20.62.020, land use (20.02, 20.42, 20.46, 20.62, 20.82) 5327 Repeals and replaces Ord. 5300, shoreline master program (Not codified) 5328 Amends Ch. 5.36, special events (5.36) 5329 Amends § 13.04.140, liquor in city parks (13.04) 5330 Amends § 20.46.010, accessory dwelling units (20.46) 5331 Amends Ch. 11.08, sidewalk and street frontage (11.08) 5332 Amends §§ 17.04.040 and 17.04.080, building and residential code amendments (17.04) 5333 Amends § 5.02.040, business licenses (5.02) 5334 Amends § 7.08.030(b), commercial pet facilities, grooming parlors and animal welfare facilities (7.08) 5335 (Tabled) 5336 Amends § 3.50.050, utility taxes (3.50) 5337 Amends Ords. 4875, 5226 and 5287, energy franchise (Special) 5338 Amends comprehensive plan and zoning map (Special) 5339 2018 tax levy (Special) 5340 Amends Ord. 5324, rates and fees for department of public works and utilities (Not codified) 5341 Adopts 2018 budget (Special) 5342 Amends 2017 budget (Special) 5343 Amends §§ 2.15.030, 3.50.020, 3.50.070, Ch. 3.72, § 3.74.050, Ch. 3.82, §§ 3.86.040, 5.02.050, 5.02.060, 5.02.120, 5.03.040, 5.03.050, 5.03.120, 5.08.010, 5.08.020, 5.16.010, 5.16.020, 5.16.050, 5.17.010, 5.17.020, 5.17.050, 5.17.060, 5.17.070, 5.22.010, 5.36.010, 5.36.050, 5.96.020 and 5.96.050, taxes and licenses (2.15, 3.50, 3.72, 3.74, 3.82, 3.86, 5.02, 5.03, 5.08, 5.16, 5.17, 5.22, 5.36, 5.96) 5344 Amends § 3.48.030, business and occupation tax definitions (3.48) 5345 Amends §§ 20.02.040, 20.12.090, 20.12.130 and 20.42.040(d), (m), (p), (t) and (w), land use (20.02, 20.12, 20.42) 5346 Adds Ch. 6.12; amends §§ 1.04.120 and 2.62.045, unfit dwellings, buildings, structures, and premises (1.04, 2.62, 6.12) 5347 Amends § 2.50.030, salary plan (2.50) 5348 Amends 2018 budget (Special) Number Subject Tables-13 (Revised 8/18) 5349 (Not used) 5350 Adds Ch. 2.07; amends Chs. 2.06 and 2.09, city departments (2.06, 2.07, 2.09) 5351 Amends §§ 20.42.040(p), 20.70.060 and 20.70.070, district center core (20.42, 20.70)