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
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This supplement includes all legislation passed up to and including Ordinance 5351, passed August 1,
2018.
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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)