Loading...
HomeMy WebLinkAbout27 bremerton0519_supp27SUPPLEMENT DIRECTIONS BREMERTON MUNICIPAL CODE Supplement No. 27 – May 2019 New, reprinted pages included with this supplement are listed by title and page number in the right-hand column below. The left-hand column lists obsolete material which should be removed from the code. Follow the instruction columns in sequence: remove and replace pages as necessary. When completed, insert these directions in a convenient place near the front of the code book. For future reference, the person making these changes may also date and initial this page. This supplement includes all legislation passed up to and including Ordinance 5366, passed March 6, 2019. The online version of the code is updated more frequently than the print version. Reference the disclaimer on the following webpage to determine whether the online code is more current than the print version: https://www.codepublishing.com/WA/Bremerton/ Remove these pages Insert these pages Title 3 3.48-3 – 3.48-6 ....................................... 3.48-3 – 3.48-6.1 3.48-11 – 3.48-12 .................................. 3.48-11 – 3.48-12 3.48-15 – 3.48-16 .................................................. 3.48-15 3.50-1 – 3.50-3 .......................................... 3.50-1 – 3.50-3 3.78-1 – 3.78-4 ....................................... 3.78-1 – 3.78-4.1 3.86-1 – 3.86-2 .......................................... 3.86-1 – 3.86-2 Title 6 Table of Contents .................................. Table of Contents — ............................................................... 6.11-1 – 6.11-2 Title 11 Table of Contents .................................. Table of Contents — ........................................................... 11.10-1 – 11.10-3 11.12-1 – 11.12-4 .................................. 11.12-1 – 11.12-4 Title 20 Table of Contents .................................. Table of Contents 20.10-1 – 20.10-2 .................................. 20.10-1 – 20.10-3 20.40-3 – 20.40-4 .................................. 20.40-3 – 20.40-4 20.50-1 – 20.50-4 .................................. 20.50-1 – 20.50-4 20.60-1 – 20.60-5 .................................. 20.60-1 – 20.60-5 20.62-1 – 20.62-4 .................................. 20.62-1 – 20.62-4 20.70-1 – 20.70-2 .................................. 20.70-1 – 20.70-2 20.78-1 – 20.78-4 .................................. 20.78-1 – 20.78-4 20.86-1 – 20.86-2 .................................. 20.86-1 – 20.86-2 20.92-1 – 20.92-2 .................................. 20.92-1 – 20.92-2 20.94-1 – 20.94-2 .................................. 20.94-1 – 20.94-2 Zoning Maps ................................................. Zoning Maps Tables 9 – 10 ........................................................................ 9 – 10 13 .................................................................................... 13 Please call Code Publishing Company (206-527-6831) should questions arise while removing and replacing supplement pages. (Revised 5/19) Updated by: _______ Dated: ____________ 3.48-3 (Revised 5/19) (4) Any person who purchases, acquires, or uses any personal, business, or professional service defined as a retail sale or retail service in this section other than for resale in the regular course of business; (5) Any person who is an end user of soft- ware; (6) Any person engaged in the business of "public road construction" in respect to tangible per- sonal property when that person incorporates the tangi- ble personal property as an ingredient or component of a publicly owned street, place, road, highway, easement, right-of-way, mass public transportation terminal or parking facility, bridge, tunnel, or trestle by installing, placing or spreading the property in or upon the right-of- way of a publicly owned street, place, road, highway, easement, bridge, tunnel, or trestle or in or upon the site of a publicly owned mass public transportation terminal or parking facility; (7) Any person who is an owner, lessee or has the right of possession to or an easement in real property which is being constructed, repaired, decorated, improved, or otherwise altered by a person engaged in business; (8) Any person who is an owner, lessee, or has the right of possession to personal property which is being constructed, repaired, improved, cleaned, imprinted, or otherwise altered by a person engaged in business; (9) Any person engaged in government con- tracting. Any such person shall be a consumer within the meaning of this definition in respect to tangible personal property incorporated into, installed in, or attached to such building or other structure by such person. Nothing contained in this or any other subsection of this defini- tion shall be construed to modify any other definition of "consumer." (d) Definitions "D": "Deficiency" means the amount of tax imposed by law less any tax reported by the taxpayer on a tax return. "Delivery" means the transfer of possession of tan- gible personal property between the seller and the buyer or the buyer’s representative. Delivery to an employee of a buyer is considered delivery to the buyer. Transfer of possession of tangible personal property occurs when the buyer or the buyer’s representative first takes physi- cal control of the property or exercises dominion and control over the property. "Dominion and control" means the buyer has the ability to put the property to the buyer’s own purposes. It means the buyer or the buyer’s representative has made the final decision to accept or reject the property, and the seller has no further right to possession of the property and the buyer has no right to return the property to the seller, other than under a war- ranty contract. A buyer does not exercise dominion and control over tangible personal property merely by arranging for shipment of the property from the seller to itself. A buyer’s representative is a person, other than an employee of the buyer, who is authorized in writing by the buyer to receive tangible personal property and take dominion and control by making the final decision to accept or reject the property. Neither a shipping com- pany nor a seller can serve as a buyer’s representative. It is immaterial where the contract of sale is negotiated or where the buyer obtains title to the property. Delivery terms and other provisions of the Uniform Commercial Code (RCW Title 62A) do not determine when or where delivery of tangible personal property occurs for pur- poses of taxation. "Department" means the Department of Commu- nity Development unless otherwise noted. "Digital automated service," "digital code," and "digital goods" have the same meaning as in RCW 82.04.192. "Digital products" means digital goods, digital codes, digital automated services, and the services described in RCW 82.04.050(2)(g) and (6)(b). "Director" means the Director of Community Development of the City or any officer, agent or employee of the City designated to act on the Director’s behalf. (e) Definitions "E": "Eligible gross receipts tax" means a tax which: (1) Is imposed on the act or privilege of engaging in business activities within BMC 3.48.050; and (2) Is measured by the gross volume of busi- ness, in terms of gross receipts and is not an income tax or value added tax; and (3) Is not, pursuant to law or custom, sepa- rately stated from the sales price; and (4) Is not a sales or use tax, business license fee, franchise fee, royalty or severance tax measured by volume or weight, or concession charge, or payment for the use and enjoyment of property, property right or a privilege; and (5) Is a tax imposed by a local jurisdiction, whether within or without the State of Washington, and not by a country, state, province, or any other nonlocal jurisdiction above the county level. "Engaging in business," "nexus." (1) The term "engaging in business" means commencing, conducting, or continuing in business and also the exercise of corporate or franchise powers, as well as liquidating a business when the liquidators thereof hold themselves out to the public as conducting such business. (2) This definition sets forth examples of activities that constitute engaging in business in the City and establishes safe harbors for certain of those activi- ties so that a person who meets the criteria may engage in de minimis business activities in the City without having to register and obtain a business license or pay (Revised 5/19)3.48-4 City business and occupation taxes. The activities listed in this definition are illustrative only and are not intended to narrow the definition of "engaging in busi- ness" in subsection (1) of this definition. If an activity is not listed, whether it constitutes engaging in business in the City shall be determined by considering all the facts and circumstances and applicable law. (3) Without being all-inclusive, any one (1) of the following activities conducted within the City by a person or its employee, agent, representative, indepen- dent contractor, broker or another acting on its behalf constitutes engaging in business and requires a person to register and obtain a business license pursuant to Chap- ter 5.02 BMC: (a) Owning, renting, leasing, maintain- ing, or having the right to use, or using, tangible per- sonal property, intangible personal property, or real property permanently or temporarily located in the City. (b) Owning, renting, leasing, using, or maintaining an office, place of business, or other estab- lishment in the City. (c) Soliciting sales. (d) Making repairs or providing mainte- nance on service to real or tangible personal property, including warranty work and property maintenance. (e) Providing technical assistance or ser- vice, including quality control, product inspections, warranty work, or similar services on or in connection with tangible personal property sold by the person or on its behalf. (f) Installing, constructing, or supervis- ing installation or construction of real or tangible per- sonal property. (g) Soliciting, negotiating, or approving franchise, license, or other similar agreements. (h) Collecting current or delinquent accounts. (i) Picking up and transporting tangible personal property, solid waste, construction debris, or excavated materials. (j) Providing disinfecting and pest con- trol services, employment and labor pool services, home nursing care, janitorial services, appraising, landscape architectural services, security system services, survey- ing, and real estate services, including the listing of homes and managing real property. (k) Rendering professional services such as those provided by accountants, architects, attorneys, auctioneers, consultants, engineers, professional ath- letes, barbers, baseball clubs and other sports organiza- tions, chemists, psychologists, court reporters, dentists, doctors, detectives, laboratory operators, teachers, and veterinarians. (l) Meeting with customers or potential customers, even when no sales or orders are solicited at the meetings. (m) Training or recruiting employees, agents, representatives, independent contractors, bro- kers or others, domiciled or operating on a job in the City, acting on its behalf, or for customers or potential customers. (n) Investigating, resolving, or otherwise assisting in resolving customer complaints. (o) In-store stocking or manipulating products or goods, sold to and owned by a customer, regardless of where sale and delivery of the goods took place. (p) Except as provided in subsection (5) of this definition, delivering goods in vehicles owned, rented, leased, used, or maintained by the person or another acting on its behalf. (4) Not Engaging in Business. If a person, or its employee, agent, representative, independent con- tractor, broker or another acting on the person’s behalf, engages in no other activities in or with the City but the following, that person is not engaging in business and therefore is not required to register and obtain a City business license pursuant to Chapter 5.02 BMC or pay City business and occupation taxes pursuant to this chapter: (a) Meeting with suppliers of goods and services as a customer. (b) Meeting with government representa- tives in their official capacity, other than those perform- ing contracting or purchasing functions. (c) Attending meetings, such as board meetings, retreats, seminars, and conferences, or other meetings wherein the person does not provide training in connection with tangible personal property sold by the person or on its behalf. (d) Renting tangible or intangible prop- erty as a customer when the property is not used in the City. (e) Attending, but not participating in, a trade show or multiple vendor events. Persons partici- pating at a trade show shall review the City’s trade show or multiple vendor event ordinances. (f) Conducting advertising through the mail. (g) Soliciting sales by phone from a loca- tion outside the City. (h) Providing language interpretive ser- vices to the Bremerton Municipal Court. (5) A business located outside the City merely delivering goods into the City by common carrier or other means, including use of its own vehicles, is not required to register and obtain a business license; pro- vided, that it engages in no other business activities in the City. Such business activities do not include those in subsection (4) of this definition. (6) Threshold Exemption - Fee-Free License/Registration. To the extent set forth in this defi- 3.48-5 (Revised 5/19) nition, the following persons and businesses shall be exempt from the registration, license and/or license fee requirements as follows: (a) Except as set forth in subsection (6)(b) of this definition, any person or business whose annual value of products, gross proceeds of sales, or gross income of the business in the City is equal to or less than two thousand dollars ($2,000) and who does not maintain a place of business within the City shall be exempt from the general business license requirements of Chapter 5.02 BMC and this chapter. (b) Any person or business operating as a utility provider subject to utility taxes pursuant to Chap- ter 3.50 BMC whose annual value of products, gross proceeds of sales, or gross income of the business in the City is equal to or less than two thousand dollars ($2,000) and who does not maintain a place of business within the City shall submit a business license registra- tion to the Tax and Licensing Division. No license fee shall be assessed for the business license registration. (7) Nexus. A person has created nexus with the City if, whether by itself or by its employees, agents, representatives, independent contractors, brokers or oth- ers acting on its behalf, it: (a) Is physically present in the City; (b) Endeavors to maintain a share of the market within the City; or (c) Avails itself of the economic benefits of the City. The City expressly intends that engaging in business includes any activity sufficient to establish nexus for purposes of applying the tax under the law and the Constitutions of the United States and the State of Washington. Nexus is presumed to continue as long as the taxpayer benefits from the activity that constituted the original nexus-generating contact or subsequent contacts. "Extracting" is the activity engaged in by an extractor and is reportable under the extracting classifi- cation. "Extractor" means every person who from the person’s own land or from the land of another under a right or license granted by lease or contract, either directly or by contracting with others for the necessary labor or mechanical services, for sale or for commercial or industrial use, mines, quarries, takes or produces coal, oil, natural gas, ore, stone, sand, gravel, clay, mineral or other natural resource product; or fells, cuts or takes tim- ber, Christmas trees, other than plantation Christmas trees, or other natural products; or takes fish, or takes, cultivates, or raises shellfish, or other sea or inland water foods or products. "Extractor" does not include persons performing under contract the necessary labor or mechanical services for others; persons cultivating or raising fish entirely within confined rearing areas on the person’s own land or on land in which the person has a present right of possession; or persons who fell, cut, or take plantation Christmas trees from the person’s own land or from land in which the person has a present right of possession; or persons meeting the definition of "farmer." "Extractor for hire" means a person who per- forms under contract necessary labor or mechanical ser- vices for an extractor. (f) Definitions "F": "Farmer" means any person engaged in the busi- ness of growing or producing, upon the person’s own lands or upon the lands in which the person has a present right of possession, any agricultural product whatsoever for sale. "Farmer" does not include a person using such products as ingredients in a manufacturing process, or a person growing or producing such products for the per- son’s own consumption. "Farmer" does not include a person selling any animal or substance obtained there- from in connection with the person’s business of operat- ing a stockyard or a slaughter or packing house. "Farmer" does not include any person in respect to the business of taking, cultivating, or raising timber. (g) Definitions "G": "Gross income of the business" means the value proceeding or accruing by reason of the business activ- ity engaged in and includes gross proceeds of sales, compensation for the rendition of services, gains real- ized from trading in stocks, bonds, or other evidences of indebtedness, interest, discounts, rents, royalties, fees, commissions, dividends, and other emoluments how- ever designated, all without any deduction on account of the cost of tangible property sold, the cost of materials used, labor costs, interest, discounts, delivery costs, taxes, or any other expense whatsoever paid or accrued and without any deduction on account of losses. "Gross proceeds of sales" means the value pro- ceeding or accruing from the sale of tangible personal property, digital goods, digital codes, digital automated services or for other services rendered, without any deduction on account of the cost of property sold, the cost of materials used, labor costs, interest, discounts paid, delivery costs, taxes, or any other expense whatso- ever paid or accrued and without any deduction on account of losses. (h) Definitions "H": Reserved. (i) Definitions "I": "In this City" or "within this City" includes all federal areas lying within the corporate City limits of the City. (j) Definitions "J": "Janitorial services" shall mean those cleaning and caretaking services ordinarily performed by com- mercial janitor service businesses including, but not limited to, wall and window washing, floor cleaning and waxing, and the cleaning in place of rugs, drapes and upholstery. The term does not include painting, paper- (Revised 5/19)3.48-6 ing, repairing, furnace or septic tank cleaning, snow removal, sandblasting, or cleanup related to construc- tion activities. (k) Definitions "K": Reserved. (l) Definitions "L": Reserved. (m) Definitions "M": "Manufacturer," "to manufacture." (1) "Manufacturer" means every person who, either directly or by contracting with others for the nec- essary labor or mechanical services, manufactures for sale or for commercial or industrial use from the per- son’s own materials or ingredients any products. When the owner of equipment or facilities furnishes, or sells to the customer prior to manufacture, materials or ingredi- ents equal to less than twenty (20) percent of the total value of all materials or ingredients that become a part of the finished product, the owner of the equipment or facilities will be deemed to be a processor for hire and not a manufacturer. A business not located in this City that is the owner of materials or ingredients processed for it in this City by a processor for hire shall be deemed to be engaged in business as a manufacturer in this City. (2) "To manufacture" means all activities of a commercial or industrial nature wherein labor or skill is applied, by hand or machinery, to materials or ingredi- ents so that as a result thereof a new, different or useful product is produced for sale or commercial or industrial use, and shall include: (a) The production of special-made or custom-made articles; (b) The production of dental appliances, devices, restorations, substitutes, or other dental labora- tory products by a dental laboratory or dental technician; (c) Crushing and/or blending of rock, sand, stone, gravel, or ore; and (d) The producing of articles for sale, or for commercial or industrial use from raw materials or prepared materials by giving such materials, articles, and substances of trade or commerce new forms, quali- ties, properties or combinations including, but not lim- ited to, such activities as making, fabricating, processing, refining, mixing, slaughtering, packing, aging, curing, mild curing, preserving, canning, and the preparing and freezing of fresh fruits and vegetables. "To manufacture" shall not include the produc- tion of digital goods or the production of computer soft- ware if the computer software is delivered from the seller to the purchaser by means other than tangible stor- age media, including the delivery by use of a tangible storage media where the tangible storage media is not physically transferred to the purchaser. "Manufacturing" means the activity conducted by a manufacturer and is reported under the manufactur- ing classification. (n) Definitions "N": "Newspaper," "magazine," "periodical." (1) "Newspaper" means a publication offered for sale regularly at stated intervals at least once a week and printed on newsprint in tabloid or broadsheet format folded loosely together without stapling, glue, or any other binding of any kind. (2) "Magazine" or "periodical" means any printed publication, other than a newspaper, issued and offered for sale regularly at stated intervals at least once every three (3) months, including any supplement or special edition of the publication. Any publication meet- ing this definition qualifies regardless of its content. "Nonprofit corporation or nonprofit organiza- tion" means a corporation or organization in which no part of the income can be distributed to its members, directors, or officers and that holds a current tax exempt status as provided under Section 501(c)(3) of the Inter- nal Revenue Code, as hereafter amended, or is specifi- cally exempted from the requirement to apply for its tax exempt status under Section 501(c)(3) of the Internal Revenue Code, as hereafter amended. Where the term "nonprofit organization" is used, it is meant to include a nonprofit corporation. (o) Definitions "O": "Office" or "place of business" means a fixed location or permanent facility where the regular busi- ness of the person is conducted and which is either owned by the person or over which the person exercises legal dominion and control. The regular business of the person is presumed conducted at a location: (1) Whose address the person uses as its busi- ness mailing address; (2) Containing a telephone line listed in a pub- lic telephone directory or other similar publication under the business name; (3) Where the person holds itself out to the general public as conducting its regular business through signage or other means; and (4) Where the person is required to obtain any appropriate State and local business license or registra- tion unless they are exempted by law from such require- ment. A vehicle such as a pick-up, van, truck, boat or other motor vehicle is not an office or place of business. A post office box is not an office or place of business. If a person has an office or place of business, the person’s home is not an office or place of business unless it meets the criteria for office or place of business above. If a person has no office or place of business, the person’s home or apartment within the City will be deemed the place of business. (p) Definitions "P": "Person" means any individual, receiver, adminis- trator, executor, assignee, trustee in bankruptcy, trust, estate, firm, co-partnership, joint venture, club, com- pany, joint stock company, business trust, municipal 3.48-6.1 (Revised 5/19) corporation, political subdivision of the State of Wash- ington, corporation, limited liability company, associa- tion, society, or any group of individuals acting as a unit, whether mutual, cooperative, fraternal, nonprofit, or otherwise and the United States or any instrumentality thereof. "Port District" means a port district as defined in Chapter 53.04 RCW. "Precious metal bullion," "monetized bullion." "Precious metal bullion" means any precious metal which has been put through a process of smelting or refining, including, but not limited to, gold, silver, plat- inum, rhodium, and palladium, and which is in such state or condition that its value depends upon its con- tents and not upon its form. For purposes of this section, "monetized bullion" means coins or other forms of money manufactured from gold, silver, or other metals and heretofore, now, or hereafter used as a medium of exchange under the laws of this State, the United States, or any foreign nation, but does not include coins or money sold to be manufactured into jewelry or works of art. 3.48-11 (Revised 5/19) eign degree-granting institution in compliance with Chapter 28B.90 RCW, and in accordance with RCW 82.04.4332 or defined as a degree-granting institution under RCW 28B.85.010(3) and accredited by an accred- iting association recognized by the United States Secre- tary of Education, and offering to students an educational program of a general academic nature or those institutions which are not operated for profit and which are privately endowed under a deed of trust to offer instruction in trade, industry, and agriculture, but not including specialty schools, business colleges, other trade schools, or similar institutions. (u) Definitions "U": Reserved. (v) Definitions "V": "Value of products." (1) The value of products, including by-prod- ucts, extracted or manufactured, shall be determined by the gross proceeds derived from the sale thereof whether such sale is at wholesale or at retail, to which shall be added all subsidies and bonuses received from the pur- chaser or from any other person with respect to the extraction, manufacture, or sale of such products or by- products by the seller. (2) Where such products, including by-prod- ucts, are extracted or manufactured for commercial or industrial use; and where such products, including by- products, are shipped, transported or transferred out of the City, or to another person, without prior sale or are sold under circumstances such that the gross proceeds from the sale are not indicative of the true value of the subject matter of the sale; the value shall correspond as nearly as possible to the gross proceeds from sales in this state of similar products of like quality and charac- ter, and in similar quantities by other taxpayers, plus the amount of subsidies or bonuses ordinarily payable by the purchaser or by any third person with respect to the extraction, manufacture, or sale of such products. In the absence of sales of similar products as a guide to value, such value may be determined upon a cost basis. In such cases, there shall be included every item of cost attribut- able to the particular article or articles extracted or man- ufactured, including direct and indirect overhead costs. The Director may prescribe rules for the purpose of ascertaining such values. (3) Notwithstanding subsection (2) of this definition, the value of a product manufactured or pro- duced for purposes of serving as a prototype for the development of a new or improved product shall corre- spond to (a) the retail selling price of such new or improved product when first offered for sale; or (b) the value of materials incorporated into the prototype in cases in which the new or improved product is not offered for sale. "Value proceeding or accruing" means the con- sideration, whether money, credits, rights, or other prop- erty expressed in terms of money, a person is entitled to receive or which is actually received or accrued. The term shall be applied, in each case, on a cash receipts or accrual basis according to which method of accounting is regularly employed in keeping the books of the tax- payer. (w) Definitions "W": "Wholesaling" means engaging in the activity of making sales at wholesale, and is reported under the wholesaling classification. (x) Definitions "X": Reserved. (y) Definitions "Y": Reserved. (z) Definitions "Z": Reserved. (Ord. 5355 §1, 2018; Ord. 5344 §1, 2017: Ord. 5201 §2 (part), 2012: Ord. 5139 §1, 2011: Ord. 5044 §1, 2008: Ord. 5028 §1 (part), 2007: Ord. 4988 §1, 2006; Ord. 4924 §1, 2004; Ord. 4843, Added, 01/03/2003) 3.48.040 AGENCY - SALES AND SERVICES BY AGENT, CONSIGNEE, BAILEE, FACTOR OR AUCTIONEER. (1) Sales in Own Name - Sales or Purchases as Agent. Every person, including agents, consignees, bailees, factors or auctioneers having either actual or constructive possession of tangible personal property or having possession of the documents of title thereto, with power to sell such tangible personal property in the per- son’s own name and actually so selling shall be deemed the seller of such tangible personal property within the meaning of this chapter. The burden shall be upon the taxpayer in every case to establish the fact that such taxpayer is not engaged in the business of selling tangible personal property but is acting merely as broker or agent in promoting sales or making purchases for a principal. Such claim will be recognized only when the contract or agreement between such persons clearly establishes the relation- ship of principal and agent and when the following con- ditions are complied with: (a) The books and records of the broker or agent show the transactions were made in the name and for the account of the principal, and show the name of the actual owner of the property for whom the sale was made, or the actual buyer for whom the purchase was made. (b) The books and records show the amount of the principal’s gross sales, the amount of commissions and any other incidental income derived by the broker or agent from such sales. The principal’s gross sales must not be reflected as the agent’s income on any of the agent’s books and records. Commissions must be com- puted according to a set percentage or amount, which is agreed upon in the agency agreement. (c) No ownership rights may be conferred to the agent unless the principal refuses to pay, or refuses to abide by the agency agreement. Sales or purchases of (Revised 5/19)3.48-12 any goods by a person who has any ownership rights in such goods shall be taxed as retail or wholesale sales. (d) Bulk goods sold or purchased on behalf of a principal must not be co-mingled with goods belong- ing to another principal or lose their identity as belong- ing to the particular principal. Sales or purchases of any goods which have been co-mingled or lost their identity as belonging to the principal shall be taxed as retail or wholesale sales. (2) If the above requirements are not met, the con- signor, bailor, principal or other shall be deemed a seller of such property to the agent, consignee, bailee, factor or auctioneer. (3) Services in Own Name - Procuring Services as Agent. For purposes of this subsection, an agent is a per- son who acts under the direction and control of the prin- cipal in procuring services on behalf of the principal that the person could not itself render or supply. Amounts received by an agent for the account of its principal as advances or reimbursements are exempted from the measure of the tax only when the agent is not primarily or secondarily liable to pay for the services procured. Any person who claims to be acting merely as agent in obtaining services for a principal will have such claim recognized only when the contract or agreement between such persons clearly establishes the relation- ship of principal and agent and when the following con- ditions are complied with: (a) The books and records of the agent show that the services were obtained in the name and for the account of the principal, and show the actual principal for whom the purchase was made. (b) The books and records show the amount of the service that was obtained for the principal, the amount of commissions and any other income derived by the agent for acting as such. Amounts received from the principal as advances and reimbursements must not be reflected as the agent’s income on any of the agent’s books and records. Commissions must be computed according to a set percentage or amount, which is agreed upon in the agency agreement. (Ord. 5201 §2 (part), 2012: Ord. 5028 §1 (part), 2007: Ord. 4843, Added, 01/03/2003) 3.48.050 IMPOSITION OF THE TAX - TAX OR FEE LEVIED. (1) Imposition of the Tax - Tax or Fee Levied. Except as provided in subsection (2) of this section, there is hereby levied upon and shall be collected from every person a tax for the act or privilege of engaging in business activities within the City, whether the person’s office or place of business be within or without the City. The tax shall be in amounts to be determined by appli- cation of rates against gross proceeds of sale, gross income of business, or value of products, including by- products, as the case may be, as follows: (a) Extractor. Upon every person engaging within the City in business as an extractor; as to such persons the amount of the tax with respect to such busi- ness shall be equal to the value of the products, includ- ing by-products, extracted for sale or for commercial or industrial use, multiplied by the rate of one and six- tenths of one percent (0.0016). The measure of the tax is the value of the products, including by-products, so extracted, regardless of the place of sale or the fact that deliveries may be made to points outside the City. (b) Manufacturer. Upon every person engag- ing within the City in business as a manufacturer; as to such persons the amount of the tax with respect to such business shall be equal to the value of the products, including by-products, manufactured, multiplied by the rate of one and six-tenths of one percent (0.0016). The measure of the tax is the value of the products, including by-products, so manufactured, regardless of the place of sale or the fact that deliveries may be made to points outside the City. (c) Wholesale. Upon every person engaging within the City in the business of making sales at whole- sale; as to such persons, the amount of tax with respect to such business shall be equal to the gross proceeds of such sales of the business without regard to the place of delivery of articles, commodities or merchandise sold, multiplied by the rate of one and six-tenths of one per- cent (0.0016). (d) Retail. Upon every person engaging within the City in the business of making sales at retail; as to such persons, the amount of tax with respect to such business shall be equal to the gross proceeds of such sales of the business without regard to the place of delivery of articles, commodities or merchandise sold, multiplied by the rate of one and one-quarter of one per- cent (0.00125). (e) Printing and Publishing. Upon every per- son engaging within the City in the business of (i) print- ing, (ii) both printing and publishing newspapers, magazines, periodicals, books, music, and other printed items, (iii) publishing newspapers, magazines and peri- odicals, (iv) extracting for hire, and (v) processing for hire; as to such persons, the amount of tax on such busi- ness shall be equal to the gross income of the business multiplied by the rate of one and nine-tenths of one per- cent (0.0019). (f) Retail Service. Upon every person engag- ing within the City in the business of making sales of retail services; as to such persons, the amount of tax with respect to such business shall be equal to the gross proceeds of sales multiplied by the rate of two-tenths of one percent (0.002). (g) Service. Upon every other person engag- ing within the City in any business activity other than or in addition to those enumerated in the above subsec- tions; as to such persons, the amount of tax on account 3.48-15 (Revised 5/19) eligible gross receipts tax paid to the other jurisdiction where the headquarters is located. (d) A taxpayer that has paid an eligible gross receipts tax on the privilege of accepting or executing a contract with another city may deduct an amount equal to the contract price used to measure the tax due to the other city from the measure of the tax owed to the City. (e) For taxes due under this subsection (2) after January 1, 2008, see BMC 3.48.077. (Ord. 5201 §2 (part), 2012: Ord. 5028 §1 (part), 2007: Ord. 4843, Added, 01/03/2003) 3.48.076 ASSIGNMENT OF GROSS INCOME DERIVED FROM INTANGIBLES. Gross income derived from the sale of intangibles such as royalties, trademarks, patents, or goodwill shall be assigned to the jurisdiction where the person is domi- ciled (its headquarters is located). (Ord. 5201 §2 (part), 2012: Ord. 5028 §1 (part), 2007: Ord. 4924 §3, 2004) 3.48.077 ALLOCATION AND APPORTIONMENT OF INCOME WHEN ACTIVITIES TAKE PLACE IN MORE THAN ONE (1) JURISDICTION. RCW 35.102.130 entitled "Allocation and appor- tionment of income" is hereby adopted and incorporated by this reference as currently enacted and as hereinafter amended. (Ord. 5355 §2, 2018: Ord. 5201 §2 (part), 2012: Ord. 5028 §1 (part), 2007) 3.48.078 ALLOCATION AND APPORTIONMENT OF PRINTING AND PUBLISHING INCOME WHEN ACTIVITIES TAKE PLACE IN MORE THAN ONE (1) JURISDICTION. Notwithstanding RCW 35.102.130, effective Janu- ary 1, 2008, gross income from the activities of printing, and of publishing newspapers, periodicals, or maga- zines, shall be allocated to the principal place in this State from which the taxpayer’s business is directed or managed. As used in this section, the activities of print- ing, and of publishing newspapers, periodicals, or mag- azines, have the same meanings as attributed to those terms in RCW 82.04.280(1) by the Department of Rev- enue. (Ord. 5201 §2 (part), 2012: Ord. 5028 §1 (part), 2007) 3.48.090 EXEMPTIONS. (1) Nonprofit Corporations or Nonprofit Organi- zations. This section shall not apply to nonprofit organi- zations exempt from federal income tax under Section 501(c)(3) of the Internal Revenue Code, as hereafter amended, except with respect to retail sales of such per- sons. (2) Health Maintenance Organization, Health Care Service Contractor, Certified Health Plan. Beginning on January 1, 2000, this chapter does not apply to any health maintenance organization, health care service contractor, or certified health plan in respect to premi- 3.50-1 (Revised 5/19) Chapter 3.50 UTILITY TAXES Sections: 3.50.010 EXERCISE OF REVENUE LICENSE POWER. 3.50.020 BUSINESS LICENSE - REQUIRED. 3.50.030 ADMINISTRATIVE PROVISIONS. 3.50.040 DEFINITIONS. 3.50.050 PERSONS SUBJECT TO TAX - AMOUNT. 3.50.060 DEDUCTIONS. 3.50.070 TAX - WHEN DUE. 3.50.080 RULES AND REGULATIONS. 3.50.090 SEVERABILITY. 3.50.010 EXERCISE OF REVENUE LICENSE POWER. The provisions of this chapter shall be deemed an exercise of the power of the City to license and/or tax for revenue. The provisions of this chapter are subject to periodic statutory or administrative rule changes or judi- cial interpretations of the ordinances or rules. The responsibility rests with the licensee or taxpayer to reconfirm tax computation procedures and remain in compliance with the City Code. (Ord. 4895 §2, 2004; Ord. 4844, Added, 01/03/2003) 3.50.020 BUSINESS LICENSE - REQUIRED. It is unlawful for any person to engage in business in the City, as defined in BMC 3.48.030(e), without hav- ing first obtained a business license pursuant to Chapter 5.02 BMC. Applications for business licenses shall be filed with the Tax and License Division. (Ord. 5355 §4, 2018: Ord. 5343 §2, 2017: Ord. 4895 §2, 2004; Ord. 4844, Added, 01/03/2003) 3.50.030 ADMINISTRATIVE PROVISIONS. The provisions contained in Chapter 3.86 BMC shall be fully applicable to the provisions of this chapter except as expressly stated to the contrary herein. (Ord. 4895 §2, 2004; Ord. 4844, Added, 01/03/2003) 3.50.040 DEFINITIONS. For the purposes of this chapter, the definitions con- tained in Chapter 3.48 BMC shall apply equally to the provisions of this chapter as applicable unless the term is defined otherwise in this chapter. In addition, the fol- lowing definitions will apply: "Cellular telephone service" is a voice or data telephone/communications system based in whole or substantial part on wireless radio communications, whether or not the communications are subject to regu- lation by the Washington Utilities and Transportation Commission (WUTC). This includes cellular mobile service. Cellular mobile service includes other wireless radio communications services such as specialized mobile radio (SMR), personal communications services (PCS), and any other evolving wireless radio communi- cations technology which accomplishes the same pur- pose as cellular mobile service. "Competitive telephone service" means the pro- viding by any person of telephone communications equipment or apparatus, or service related to that equip- ment or apparatus such as a repair and maintenance ser- vice, if the equipment or apparatus is of a type which can be provided by persons who are not subject to regulation as telephone companies under RCW Title 80, and for which a separate charge is made. "Gross income" means the value proceeding or accruing by reason of the business activity engaged in and operations incidental thereto, and includes gross proceeds of sales, compensation for the rendition of ser- vices and other emoluments, but without any deduction on account of the cost of the commodity furnished or sold, the cost of materials used, labor costs, interest, dis- count, delivery costs, taxes, or any other expense what- soever paid or accrued and without any deduction on account of losses. "Gross income from timber sales" means "stumpage value of timber" as defined in Chapter 84.33 RCW minus the costs of production including, but not limited to, logging and trucking costs, fees and excise taxes. "Page service" means service provided by means of an electronic device that has the ability to send or receive voice or digital messages transmitted through the local telephone network, via satellite or any other form of voice or data transmission. "Reporting period" means a one (1) month period beginning the first day of each calendar month (monthly). "Solid waste collection service" means receiving solid waste from any facility or location within the City for transfer, processing, treatment, storage, or disposal, including, but not limited to, all collection services, pub- lic or private dumps or landfills, transfer stations, and other similar operations. "Solid waste," for purposes of this chapter, means garbage, trash, rubbish, or other material discarded as worthless or not economically viable for further use, infectious, hazardous, or toxic wastes, and recyclable or reusable materials collected, in whole or part, for recy- cling or salvage. "Telephone business" means the providing by any person of access to a local telephone network, local tele- phone network switching service, toll service, cellular (Revised 5/19)3.50-2 or mobile telephone service, coin telephone service, page service, or the providing of telephonic, video, data, or similar communication, or transmission for hire, via a local telephone network, toll line or channel, cable, microwave, or similar communications or transmission system. The term includes cooperative or farmer line telephone companies or associations operating exchanges. The term also includes the provision of transmission to and from the site of an internet provider via a local telephone network, toll line or channel, cable, microwave, or similar communicationsor transmission system. "Telephone business" does not include the pro- viding of competitive telephone service, or providing of cable television service, or other providing of broadcast services by radio or television stations. (Ord. 4895 §2, 2004; Ord. 4844, Added, 01/03/2003) 3.50.050 PERSONS SUBJECT TO TAX - AMOUNT. In addition to other taxes or fees that may be imposed or levied by the City, there is hereby levied upon all persons (including the City) engaging in busi- ness within the City a fee or tax to be collected as fol- lows: (a) Gas. Upon every person engaging in the busi- ness of transmitting, distributing or the selling of manu- factured or natural gas, a fee or tax equal to six percent (6%) of the total gross income from such business con- ducted within the City. (b) Water. Upon every person engaging in the business of providing water utility service, a fee or tax equal to fifteen and one-half percent (15.5%) of the total gross income from such business conducted within the City. The total gross income from the business of pro- viding water utility service includes the "gross income from timber sales" of the utility as that term is defined in this chapter. (c) Wastewater. Upon every person engaging in the business of providing wastewater utility service, a fee or tax equal to twenty percent (20%) of the total gross income from such business conducted within the City. (d) Stormwater. Upon every person engaging in the business of providing stormwater utility service, a fee or tax equal to twenty percent (20%) of the total gross income from such business conducted within the City. All of the fees or taxes collected under this subsec- tion shall be dedicated for street improvements with fifty percent (50%) allocated and transferred to the Transportation Capital Fund and fifty percent (50%) allocated and transferred to the Residential Street and Sidewalk Fund, unless otherwise allocated by the City Council. (e) Cable. Upon every person engaging in the business of transmitting television signals by means of a cable distribution system commonly known as televi- sion cable service, a fee or tax equal to seven percent (7%) of the total gross income from such business con- ducted within the City. (f) Solid Waste. Upon every person engaging in the business of providing solid waste collection service, a fee or tax equal to nine and one-half percent (9.5%) of the total gross income from such business conducted within the City. (g) Electricity. Upon every person engaging in the business of producing, transmitting, distributing or sell- ing electricity, a fee or tax equal to six percent (6%) of the total gross income from such business conducted within the City. (h) Telephone. Upon every person engaged in car- rying on a telephone business for hire or for sale of a commodity or a service within or partly within the cor- porate limits of the City, a tax for the privilege of so doing business equal to six percent (6%) of the total gross income rendered within the City. (1) Deductions. In computing the telephone tax, there shall be deducted from the gross operating revenues the following items: (i) Amounts derived from transactions in interstate or foreign commerce or from any business which the City is prohibited from taxing under the Con- stitutions of the United States or the State of Washing- ton. (ii) Amounts derived from that portion of network telephone service, as defined in RCW 82.04.065, which represents charges to another commu- nications company, as defined in RCW 80.04.010, for connecting fees, switching charges or carrier access charges relating to intrastate toll telephone services, or for access to, or charges for, interstate services or charges for network telephone service that is purchased for the purpose of resale. (iii) Adjustments made to a billing or to a customer account or to a communications company accrual account in order to reverse a billing or charge that had been made as a result of third-party fraud or other crime and was not properly a debt of a customer. (iv) A complete deduction from gross income shall be allowed for credit losses, only to cellu- lar telephone service companies which keep their regu- lar books of account on an accrual basis, for cash discounts and credit losses actually sustained by a tax- payer as a result of telephone service business. (2) Allocation of Income - Cellular Telephone Service. (i) Service Address. Payments by a cus- tomer for the telephone service from telephones without a fixed location shall be allocated among taxing jurisdic- tions to the location of the customer’s principal service address during the period for which the tax applies. 3.50-3 (Revised 5/19) (ii) Roaming Phones. When the service is provided while a subscriber is roaming outside the sub- scriber’s normal cellular network area, the gross income shall be assigned consistent with the taxpayer’s account- ing system to the location of the originating cell site of the call, or to the location of the main cellular switching office that switched the call. (Ord. 5359 §1, 2018: Ord. 5355 §5, 2018: Ord. 5336 §1, 2017: Ord. 5307 §1, 2016: Ord. 5289 §2, 2015: Ord. 5170 §1, 2011: Ord. 5096 §1, 2009: Ord. 5078 §1, 2009: Ord. 5065 §1, 2008: Ord. 4988 §4, 2006; Ord. 4918 §1, 2004; Ord. 4895 §2, 2004; Ord. 4882 §1, 2003; Ord. 4844, Added, 01/03/2003) 3.50.060 DEDUCTIONS. (a) There may be deducted from the total gross income, upon which the license fee or tax is computed, revenues derived from business which the City is pro- hibited from taxing under the Constitutions or laws of the State of Washington or the United States or the Charter of the City. (b) There may be deducted from the total gross income, upon which the license fee or tax is computed, the amount of State excise taxes, pursuant to Chapter 82.18 RCW, imposed directly upon persons using the service of a solid waste collection business and collected for payment to the State by the solid waste collection business. (c) There may be deducted from the total gross income, upon which the license fee or tax is imposed under BMC 3.50.050, revenues derived from providing the service of collecting recyclable materials, as fol- lows: (1) Commercial Recycling. Revenues derived from the service of collecting commercial recyclable materials. This exemption is limited to materials actu- ally resold and computed in proportion to weight, as fol- lows: (i) Any weight added by processing or treatment after collection is subtracted from the weight as sold to obtain the allowable weight as sold; and (ii) Revenues are multiplied by a fraction, the numerator of which is the allowable weight as sold and the denominator of which is the weight as collected. (2) This deduction does not apply to any energy recovery or fuel-use process, nor in any case where materials collected have not been sold for com- mercial reuse within one hundred (100) days from the date of collection. This period may be extended when a taxpayer shows to the Department’s satisfaction that market conditions necessitate a longer period for sale. (Ord. 4895 §2, 2004; Ord. 4844, Added, 01/03/2003) 3.50.070 TAX - WHEN DUE. The tax imposed by this chapter shall be due and payable in monthly installments. If full payment of any tax due under this chapter is not received by the Tax and License Division on or before the date due, there shall be added to the amount due a penalty fee pursuant to BMC 3.86.110. (Ord. 5343 §3, 2017: Ord. 4895 §2, 2004) 3.50.080 RULES AND REGULATIONS. The Director may establish administrative rules and regulations as deemed appropriate, consistent with this chapter for the purpose of enforcing and carrying out its provisions. (Ord. 4895 §2, 2004; Ord. 4844, Added, 01/03/2003. Formerly 3.50.070) 3.50.090 SEVERABILITY. If any provision or section of this chapter shall be held void or unconstitutional, all other parts, provisions, and sections of this chapter not expressly so held to be void or unconstitutional shall continue in full force and effect. (Ord. 4895 §2, 2004; Ord. 4844, Added, 01/03/2003. Formerly 3.50.080) 3.78-1 (Revised 5/19) Chapter 3.78 MULTIFAMILY PROPERTY TAX EXEMPTION Sections: 3.78.010 PURPOSE. 3.78.020 DEFINITIONS. 3.78.030 APPLICABILITY. 3.78.040 TERMS OF THE TAX EXEMPTION. 3.78.050 PROJECT ELIGIBILITY. 3.78.060 APPLICATION PROCEDURE. 3.78.070 APPLICATION FOR CONDITIONAL CERTIFICATE. 3.78.080 EXTENSION OF CONDITIONAL CERTIFICATE. 3.78.090 APPLICATION FOR FINAL CERTIFICATE. 3.78.100 ISSUANCE OF FINAL CERTIFICATE. 3.78.105 AFFORDABLE HOUSING CAPITAL FUND. 3.78.110 ANNUAL COMPLIANCE REVIEW. 3.78.120 CANCELLATION OF TAX EXEMPTION. 3.78.130 CONFLICT OF PROVISIONS. 3.78.010 PURPOSE. As provided for in Chapter 84.14 RCW, the pur- pose of this chapter is to provide limited exemptions from ad valorem property taxation for multifamily hous- ing in designated residential targeted areas to: (a) Encourage increased residential opportunities, including affordable housing units, within areas of the City designated by the City Council as residential tar- geted areas; and/or (b) Stimulate new construction or rehabilitation of existing vacant and underutilized buildings for multi- family housing in designated residential targeted areas to increase and improve housing opportunities, includ- ing affordable housing; and (c) Assist in directing future population growth to designated residential targeted areas, thereby reducing development pressure on single-family residential neighborhoods; and (d) Achieve development densities which are more conducive to transit use in designated residential targeted areas. (Ord. 5036 §1 (part), 2007: Ord. 4968 §1 (part), 2006) 3.78.020 DEFINITIONS. When used in this chapter, the following terms shall have the following meanings, unless the context indi- cates otherwise: (a) "Affordable housing" means residential hous- ing that is rented by a person or household whose monthly housing costs, including utilities other than telephone, do not exceed thirty (30) percent of the household’s monthly income. For the purposes of hous- ing intended for owner occupancy, "affordable housing" means residential housing that is within the means of low- or moderate-income households. (b) "Building codes" means the City and state building and fire codes as set forth in Chapters 17.04, 18.02 and 18.03 BMC. (c) "City" means the City of Bremerton. (d) "Department" means the City Department of Community Development. (e) "Director" means the Director of the Depart- ment of Community Development, or designee. (f) "High-cost area" means a county where the third quarter median house price for the previous year as reported by the Washington Center for Real Estate Research at Washington State University is equal to or greater than one hundred thirty (130) percent of the statewide median house price published during the same time period. (g) "Household" means a single person, family, or unrelated persons living together. (h) "Low-income household" means a single per- son, family, or unrelated persons living together whose adjusted income is at or below eighty (80) percent of the median family income adjusted for family size, for the county where the project is located, as reported by the United States Department of Housing and Urban Devel- opment. For cities located in high-cost areas, "low- income household" means a household that has an income at or below one hundred (100) percent of the median family income, adjusted for family size, for the county where the project is located. (i) "Moderate-income household" means a single person, family, or unrelated persons living together whose adjusted income is more than eighty (80) percent but is at or below one hundred fifteen (115) percent of the median family income adjusted for family size, for the county where the project is located, as reported by the United States Department of Housing and Urban Development. For cities located in high-cost areas, "moderate-income household" means a household that has an income that is more than one hundred (100) per- cent, but at or below one hundred fifty (150) percent, of the median family income adjusted for family size, for the county where the project is located. (j) "Multifamily housing" means a building hav- ing ten (10) or more dwelling units not designed or used as transient accommodations and not including hotels (Revised 5/19)3.78-2 and motels. Multifamily units may result from new con- struction or rehabilitated or conversion of vacant, underutilized, or substandard buildings to multifamily housing. (k) "Multifamily property tax exemption" means an exemption from ad valorem property taxation for multifamily housing. (l) "Owner" means the property owner of record. (m) "Permanent residential occupancy" means multiunit housing that provides either rental or owner occupancy on a nontransient basis. This includes owner- occupied or rental accommodation that is leased for a period of at least one (1) month. This excludes hotels and motels that predominantly offer rental accommoda- tion on a daily or weekly basis. (n) "Rehabilitation improvements" means modifi- cations to existing structures that are vacant for twelve (12) months or longer that are made to achieve a condi- tion of substantial compliance with existing building, fire, and zoning codes, or modification to existing occu- pied structures which increase the number of multifam- ily housing units. (o) "Residential targeted area," also "residential target area," means the geographic area located within the areas set forth in Figures 3.78(a) through 3.78(g). (p) "Substantial compliance" means compliance with all local building, fire and zoning code require- ments, which are typically required for rehabilitation as opposed to new construction. (Ord. 5302 §4, 2016: Ord. 5036 §1 (part), 2007: Ord. 4968 §1 (part), 2006) 3.78.030 APPLICABILITY. Multifamily housing projects in designated residen- tial targeted areas resulting from new construction or rehabilitation or conversion of vacant, underutilized, or substandard buildings may be entitled to a limited exemption from ad valorem property taxation as set forth in this chapter. (Ord. 5036 §1 (part), 2007: Ord. 4968 §1 (part), 2006) 3.78.040 TERMS OF THE TAX EXEMPTION. (a) Duration of Exemption. The value of new housing construction, conversion, and rehabilitation improvements qualifying under this chapter is exempt from ad valorem property taxation, as follows: (1) For properties for which applications for certificates of tax exemption eligibility are submitted under this chapter before July 22, 2007, the value is exempt for ten (10) successive years beginning January 1st of the year immediately following the calendar year of issuance of the certificate; and (2) For properties for which applications for certificates of tax exemption eligibility are submitted under this chapter on or after July 22, 2007, the value is exempt: (i) For eight (8) successive years begin- ning January 1st of the year immediately following the calendar year of issuance of the certificate; or (ii) For twelve (12) successive years beginning January 1st of the year immediately follow- ing the calendar year of issuance of the certificate, if the property otherwise qualifies for the exemption under this chapter and meets the conditions in this subsection (a)(2)(ii). For the property to qualify for the twelve (12) year exemption under this subsection, the applicant must commit to renting or selling at least twenty (20) percent of the multifamily housing units as affordable housing units to low- and moderate-income households, and the property must satisfy that commitment and any additional affordability and income eligibility condi- tions adopted by the local government under this chap- ter. In the case of projects intended exclusively for owner occupancy, the minimum requirement of this subsection (a)(2)(ii) may be satisfied solely through housing affordable to moderate-income households. (b) Limits on Exemption. The exemption does not apply: (1) To the value of land or to the value of non- housing-related improvements not qualifying under this chapter. (2) In the case of rehabilitation of existing buildings, to the value of improvements constructed prior to submission of the completed application required under this chapter. (3) To increases in assessed valuation made by the Kitsap County Assessor on nonqualifying por- tions of building or other improvements and value of land nor to increases made by lawful order of a County board of equalization, the Department of Revenue, or Kitsap County, to a class of property throughout the County or specific area of the County to achieve the uni- formity of assessment or appraisal required by law. (c) Conclusion of Exemption. At the conclusion of the exemption period, the new or rehabilitated housing cost shall be considered as new construction for the pur- poses of Chapter 84.55 RCW. (Ord. 5036 §1 (part), 2007: Ord. 4968 §1 (part), 2006) 3.78.050 PROJECT ELIGIBILITY. A proposed multifamily housing project must meet the following requirements for consideration for a prop- erty tax exemption: (a) Location. The project must be located within a residential targeted area as defined in BMC 3.78.020 and as set forth in Figures 3.78(a) through 3.78(g). (b) Tenant Displacement Prohibited. The project must not displace existing residential tenants of struc- 3.78-3 (Revised 5/19) tures that are proposed for redevelopment. If the prop- erty proposed to be rehabilitated is not vacant, an applicant shall provide each existing tenant housing of comparable size, quality, and price and a reasonable opportunity to relocate. (c) Noncompliance with Building Codes. Existing dwelling units proposed for rehabilitation must fail to comply with one or more standards of the applicable State or City building codes. (d) Size of Project. The new, converted, or rehabil- itated multiple-unit housing must provide for a mini- mum of fifty (50) percent of the space for permanent residential occupancy. The project, whether new, con- verted, or rehabilitated multiple-unit housing, must include at least ten (10) units of multifamily housing within a residential structure or as part of an urban development. In the case of existing multifamily hous- ing that is occupied or which has not been vacant for twelve (12) months or more, the multifamily housing project must also provide for a minimum of four (4) additional multifamily units for a total project of at least ten (10) units including the four (4) additional units. Existing multifamily housing that has been vacant for twelve (12) months or more does not have to provide additional units. (e) Proposed Completion Date. New construction of multifamily housing and rehabilitation improvements must be completed within three (3) years from the date of approval of the application. (f) Compliance with Guidelines and Standards. The project must be designed to comply with the City’s Comprehensive Plan, building, housing, and zoning codes, and any other applicable regulations. The project must also comply with any other standards and guide- lines adopted by the City Council for the residential tar- geted area. (Ord. 5302 §5, 2016: Ord. 5036 §1 (part), 2007: Ord. 4968 §1 (part), 2006) 3.78.060 APPLICATION PROCEDURE. A property owner who wishes to propose a project for a tax exemption shall complete the following proce- dures: (a) The application provided by the City shall be filed with the Department along with the required fees as established pursuant to RCW 84.14.080. (b) A complete application shall include: (1) A completed City of Bremerton applica- tion form setting forth the grounds for the exemption. (2) Preliminary floor and site plans of the pro- posed project. (3) A statement acknowledging the potential tax liability when the project ceases to be eligible under this chapter. (4) An affidavit stating the occupancy record of the property for a period of twelve (12) months prior to filing the application. (5) Verification by oath or affirmation of the information submitted. (6) For rehabilitation projects, the applicant shall provide a report prepared by a registered architect identifying property noncompliance with the building codes. This report shall identify specific code violations and must include supporting data that satisfactorily explains and proves the presence of a violation. Sup- porting data must include a narrative and such graphic materials as needed to support this application. Graphic materials may include, but are not limited to, building plans, building details, and photographs. (Ord. 5036 §1 (part), 2007: Ord. 4968 §1 (part), 2006) 3.78.070 APPLICATION FOR CONDITIONAL CERTIFICATE. The Director may certify as eligible an application which is determined to comply with the requirements of this chapter. A decision to approve or deny an applica- tion shall be made within ninety (90) calendar days of receipt of a complete application. (a) Application. The Director may approve the application if he/she finds that: (1) A minimum of ten (10) new units are being constructed or in the case of occupied rehabilita- tion or conversion within twelve (12) months of occu- pancy, a minimum of four (4) additional multifamily units for a total project of at least ten (10) units including the four (4) additional multifamily units are being devel- oped. (2) The proposed project is or will be, at the time of completion, in conformance with all applicable local plans and regulations. (3) The owner has complied with all standards and guidelines adopted by the City under this chapter. (4) The site is located in the residential tar- geted area. (5) If applicable, the proposed multiunit hous- ing project meets the affordable housing requirements as described in BMC 3.78.040. (b) Approval of Application. If an application is approved, the applicant shall enter into a contract with the City, regarding the terms and conditions of imple- mentation of the project, and the Director shall issue a conditional certificate of acceptance of tax exemption. The conditional certificate shall expire three (3) years from the date of approval unless an extension is granted as provided in this chapter. (c) Denial of Application. If an application is denied, the Director shall state in writing the reasons for denial and shall send notice to the applicant at the appli- (Revised 5/19)3.78-4 cant’s last known address within ten (10) calendar days of the denial. (d) Appeal. Per RCW 84.14.070, an applicant may appeal a denial to the City Council within thirty (30) cal- endar days of receipt of the denial by filing a complete appeal application and fee with the Director. The appeal before the City Council will be based on the record made before the Director. The Director’s decision will be upheld unless the applicant can show that there is no substantial evidence on the record to support the Direc- tor’s decision. The City Council’s decision on appeal will be final. (Ord. 5036 §1 (part), 2007: Ord. 4968 §1 (part), 2006) 3.78.080 EXTENSION OF CONDITIONAL CERTIFICATE. (a) Extension. The conditional certificate and time for completion of the project may be extended by the Director for a period not to exceed a total of twenty-four (24) consecutive months. To obtain an extension, the applicant must submit a written request with a fee stat- ing the grounds for the extension. An extension may be granted if the Director determines that: (1) The anticipated failure to complete con- struction or rehabilitation within the required time period is due to circumstances beyond the control of the owner; (2) The owner has been acting and could rea- sonably be expected to continue to act in good faith and with due diligence; and (3) All the conditions of the original contract between the applicant and the City will be satisfied upon completion of the project. (b) Denial of Extension. If an extension is denied, the Director shall state in writing the reason for denial and shall send notice to the applicant’s last known address within ten (10) calendar days of the denial. (c) Appeal. Pursuant to RCW 84.14.090(6), an applicant may appeal the denial of an extension to the Hearing Examiner pursuant to Chapter 2.13 BMC within fourteen (14) calendar days of receipt of the denial by filing a complete appeal application and fee with the Director. The appeal before the Hearing Exam- iner shall be processed as a Type I Director decision pur- suant to Chapter 20.02 BMC. No appeal to the City Council is provided from the Hearing Examiner’s deci- sion. The applicant may appeal the Hearing Examiner’s decision to the Kitsap County Superior Court, under RCW 34.05.510 through 34.05.598, if the appeal is filed within thirty (30) calendar days of receiving notice of that decision. (Ord. 5036 §1 (part), 2007: Ord. 4968 §1 (part), 2006) 3.78.090 APPLICATION FOR FINAL CERTIFICATE. Upon completion of the improvements agreed upon in the contract between the applicant and the City and upon issuance of a certificate of occupancy, the appli- cant may request a final certificate of tax exemption by filing with the Director the following: (a) A statement of expenditures made with respect to each multifamily housing unit and the total expendi- tures made with respect to the entire property; (b) A description of the completed work and a statement of qualification for the exemption; (c) A statement that the work was completed within the required three (3) year period or any autho- rized extension; and (d) If applicable, that the project meets the afford- able housing requirements as described in RCW 84.14.020. (Ord. 5036 §1 (part), 2007: Ord. 4968 §1 (part), 2006) 3.78.100 ISSUANCE OF FINAL CERTIFICATE. Within thirty (30) calendar days of receipt of all materials required for a final certificate, the Director shall determine whether the specific improvements sat- isfy the requirements of the contract, application, and this chapter. (a) Granting of Final Certificate. If the Director determines that the project has been completed in accor- dance with this chapter and the contract between the applicant and the City, and has been completed within the authorized time period, the City shall, within ten (10) calendar days of the expiration of the thirty (30) day review period above, file a final certificate of tax exemption with the Kitsap County Assessor. (b) Denial of Final Certificate. The Director shall notify the applicant in writing that a final certificate will not be filed if the Director determines that: (1) The improvements were not completed within the authorized time period; (2) The improvements were not completed in accordance with the contract between the applicant and the City; or (3) The owner’s property is otherwise not qualified under this chapter. (c) Appeal. Pursuant to RCW 84.14.090(6), an applicant may appeal a denial to the Hearing Examiner pursuant to Chapter 2.13 BMC within fourteen (14) cal- endar days of issuance of the denial of a final certificate by filing a complete appeal application and fee with the Director. The appeal before the Hearing Examiner shall be processed as a Type I Director decision pursuant to Chapter 20.02 BMC. No appeal to the City Council is provided from the Hearing Examiner’s decision. The applicant may appeal the Hearing Examiner’s decision 3.78-4.1 (Revised 5/19) to the Kitsap County Superior Court, under RCW 34.05.510 through 34.05.598, if the appeal is filed within thirty (30) calendar days of receiving notice of that decision. (Ord. 5036 §1 (part), 2007: Ord. 4968 §1 (part), 2006) 3.78.105 AFFORDABLE HOUSING CAPITAL FUND. If an application for the multifamily tax exemption is approved, the project has completed construction, and a final certificate of property tax exemption has been issued as set forth in BMC 3.78.100, the Director of Financial Services, or designee, shall transfer to the affordable housing capital fund revenues based on the anticipated sales tax received or to be received by the City for the construction of the project. The Director shall determine the value of the sales tax revenues to be transferred to the fund based on (1) the City’s portion of the current sales tax rate for the construction, and (2) the estimated cost of construction as established in the building permit application and other relevant informa- tion as the Director deems appropriate. Once estab- lished, the funds will be transferred to the affordable housing capital fund at the beginning of the next fiscal year. The funds shall be used for affordable housing projects approved by the City Council, unless the funds are otherwise allocated by the City Council. (Ord. 5353 §2, 2018) 3.78.110 ANNUAL COMPLIANCE REVIEW. (a) Within thirty (30) calendar days after the first anniversary of the date of filing the final certificate of tax exemption and each year for the tax exemption 3.86-1 (Revised 5/19) Chapter 3.86 ADMINISTRATIVE PROVISIONS FOR TAXES Sections: 3.86.015 APPLICATION OF CHAPTER STATED. 3.86.020 DEFINITIONS. 3.86.025 DEFINITIONS - REFERENCES TO CHAPTER 82.32 RCW. 3.86.030 BUSINESS LICENSES. 3.86.040 PAYMENT AND REPORTING PERIODS. 3.86.050 PAYMENT METHODS - MAILING RETURNS OR REMITTANCES - TIME EXTENSION - DEPOSITS - RECORDING PAYMENTS - PAYMENT MUST ACCOMPANY RETURN - NSF CHECKS. 3.86.060 RECORDS TO BE PRESERVED - EXAMINATION - ESTOPPEL TO QUESTION ASSESSMENT. 3.86.070 ACCCOUNTING METHODS. 3.86.080 PUBLIC WORK CONTRACTS - PAYMENT OF FEE AND TAX BEFORE FINAL PAYMENT FOR WORK. 3.86.090 UNDERPAYMENT OF TAX, INTEREST OR PENALTY - INTEREST. 3.86.095 TIME IN WHICH ASSESSMENT MAY BE MADE. 3.86.100 OVERPAYMENT OF TAX, PENALTY, OR INTEREST - CREDIT OR REFUND - INTEREST RATE - STATUTE OF LIMITATIONS. 3.86.110 LATE PAYMENT - DISREGARD OF WRITTEN INSTRUCTIONS - EVASION - PENALTIES. 3.86.120 CANCELLATION OF PENALTIES. 3.86.130 TAXPAYER QUITTING BUSINESS - LIABILITY OF SUCCESSOR. 3.86.140 ADMINISTRATIVE APPEAL. 3.86.160 DIRECTOR TO MAKE RULES. 3.86.170 ANCILLARY ALLOCATION AUTHORITY OF DIRECTOR. 3.86.180 MAILING OF NOTICES. 3.86.190 TAX DECLARED ADDITIONAL. 3.86.200 PUBLIC DISCLOSURE - CONFIDENTIALITY - INFORMATION SHARING. 3.86.210 TAX CONSTITUTES DEBT. 3.86.220 UNLAWFUL ACTIONS - VIOLATION - PENALTIES. 3.86.230 SUSPENSION OR REVOCATION OF BUSINESS LICENSE. 3.86.240 CLOSING AGREEMENT PROVISIONS. 3.86.250 CHARGE-OFF OF UNCOLLECTIBLE TAXES. 3.86.260 SEVERABILITY. 3.86.015 APPLICATION OF CHAPTER STATED. The provisions of this chapter shall apply with respect to the licenses and taxes imposed under Chapter 5.02 BMC, "General Business Licenses," Chapter 3.48 BMC, "Business and Occupation Taxes," Chapter 3.50 BMC, "Utility Taxes," and under other titles, chapters, and sections in such manner and to such extent as indi- cated in each such title, chapter or section. (Ord. 5028 §2 (part), 2007: Ord. 4845, Added, 01/03/2003) 3.86.020 DEFINITIONS. For purposes of this chapter: The definitions contained in Chapter 3.48 BMC shall apply equally to the provisions of this chapter unless the term is defined otherwise in this chapter. In addition, the following definitions will apply: "Reporting period" means: (1) A one (1) month period beginning the first day of each calendar month (monthly); or (2) A three (3) month period beginning the first day of January, April, July or October of each year (quarterly); or (3) A twelve (12) month period beginning the first day of January of each year (annual). "Return" means any document a person is required by the City to file to satisfy or establish a tax or fee obliga- tion that is administered or collected by the City and that has a statutorily defined due date. "Successor" means any person to whom a taxpayer quitting, selling out, exchanging, or disposing of a busi- ness sells or otherwise conveys, directly or indirectly, in bulk and not in the ordinary course of the taxpayer’s business, any part of the materials, supplies, merchan- dise, inventory, fixtures, or equipment of the taxpayer. Any person obligated to fulfill the terms of a contract shall be deemed a successor to any contractor defaulting in the performance of any contract as to which such per- son is a surety or guarantor. (Revised 5/19)3.86-2 "Tax year" or "taxable year" means the calendar year. (Ord. 5028 §2 (part), 2007: Ord. 4845, Added, 01/03/2003) 3.86.025 DEFINITIONS - REFERENCES TO CHAPTER 82.32 RCW. Where provisions of Chapter 82.32 RCW are incor- porated in BMC 3.86.090, "Department" as used in the RCW shall refer to the "Director" as defined in BMC 3.48.030 and "warrant" as used in the RCW shall mean "citation or criminal complaint." (Ord. 5028 §2 (part), 2007) 3.86.030 BUSINESS LICENSES. Business licenses shall be issued pursuant to Chap- ter 5.02 BMC. (Ord. 5028 §2 (part), 2007) 3.86.040 PAYMENT AND REPORTING PERIODS. (1) Other than any annual license fee or registra- tion fee assessed under Chapter 5.02 BMC, the tax imposed by those chapters set forth in BMC 3.86.015 shall be due and payable in quarterly installments unless otherwise specifically provided for therein. At the Director’s discretion, businesses may be assigned to a monthly or annual reporting period depending on the tax amount owing or type of tax. Tax payments are due on or before the last day of the next month following the end of the assigned reporting period covered by the return. (2) Taxes shall be paid as provided in this chapter and accompanied by a return on forms as prescribed by the Director. The return shall be signed by the taxpayer personally or by a responsible officer or agent of the tax- payer. The individual signing the return shall swear or affirm that the information in the return is complete and true. (3) Tax returns must be filed and returned by the due date whether or not any tax is owed. (4) For purposes of the tax imposed by Chapter 3.48 BMC, any person whose value of products, gross proceeds of sales, or gross income of the business, sub- ject to business and occupation tax after all allowable deductions, is equal to or less than the tax exemption amount set forth in BMC 3.48.050(2) in the current cal- endar year shall file a return, declare no tax due on their return, and submit the return to the Director. The gross receipts, deduction amounts and exemptions shall be entered on the tax return even though no tax may be due. (5) A taxpayer that commences to engage in busi- ness activity shall file a return and pay the tax or fee for the portion of the reporting period during which the tax- payer is engaged in business activity. (6) Except as otherwise specifically provided by any other provision of this chapter, in computing any period of days prescribed by this chapter, the day of the act or event from which the designated period of time runs shall not be included. The last day of the period shall be included unless it is a Saturday, Sunday, or City or federal legal holiday, in which case the last day of such period shall be the next succeeding day which is neither a Saturday, Sunday, or City or federal legal hol- iday. (7) If any taxpayer fails, neglects or refuses to make a return as and when required in this chapter, the Director is authorized to determine the amount of the tax or fees payable by obtaining facts and information upon which to base the Director’s estimate of the tax or fees due. Such assessment shall be deemed prima facie cor- rect and shall be the amount of tax owed to the City by the taxpayer. The Director shall notify the taxpayer by mail of the amount of tax so determined, together with any penalty, interest, and fees due; the total of such amounts shall thereupon become immediately due and payable. (Ord. 5355 §3, 2018: Ord. 5343 §7, 2017: Ord. 5028 §2 (part), 2007: Ord. 4845, Added, 01/03/2003) 3.86.050 PAYMENT METHODS - MAILING RETURNS OR REMITTANCES - TIME EXTENSION - DEPOSITS - RECORDING PAYMENTS - PAYMENT MUST ACCOMPANY RETURN - NSF CHECKS. (1) Taxes shall be paid to the Director in United States currency by bank draft, certified check, cashier’s check, personal check, money order, cash, or by wire transfer or electronic payment if such wire transfer or electronic payment is authorized by the Director. If pay- ment so received is not paid by the bank on which it is drawn, the taxpayer, by whom such payment is ten- dered, shall remain liable for payment of the tax and for all legal penalties, the same as if such payment had not been tendered. Acceptance of any sum by the Director shall not discharge the tax or fee due unless the amount paid is the full amount due. (2) A return or remittance that which is transmitted to the City by United States mail shall be deemed filed or received on the date shown by the cancellation mark stamped by the Post Office upon the envelope contain- ing it. The Director may allow electronic filing of (Revised 5/19) 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 6.11 VACANT COMMERCIAL BUILDING REGISTRATION 6.12 UNFIT DWELLINGS, BUILDINGS, STRUCTURES, AND PREMISES 6.28 UNIFORM LITTER CONTROL CODE 6.32 NOISE LEVELS 6.11-1 (Revised 5/19) Chapter 6.11 VACANT COMMERCIAL BUILDING REGISTRATION Sections: 6.11.010 PURPOSE. 6.11.020 ADMINISTRATION. 6.11.030 DEFINITIONS. 6.11.040 VACANT COMMERCIAL BUILDING REGISTRATION. 6.11.050 DUTY TO AMEND REGISTRATION STATEMENT. 6.11.060 INSPECTIONS. 6.11.070 ENFORCEMENT. 6.11.010 PURPOSE. It is the purpose and intent of the City to establish a vacant commercial building registration program to pro- tect the community from becoming blighted as a result of commercial buildings that are vacant and not properly secured and maintained. The failure to safely and com- pletely close, maintain and secure all doorways, win- dows or other openings into vacant commercial buildings, or to secure broken windows to secure the structure from unauthorized entry, is deemed to be a public nuisance. This chapter requires that vacant com- mercial buildings be properly maintained by the owners, lenders, and other responsible persons as defined in BMC 6.11.030. Through the registration process, responsible persons are required to maintain and secure these properties. The intent of this chapter is to obtain information for at least one (1) responsible person for each vacant commercial building in the City to ensure that properties are maintained consistent with the Inter- national Property Maintenance Code as adopted by Chapter 17.04 BMC. (Ord. 5365 §1 (part), 2018) 6.11.020 ADMINISTRATION. This chapter will be administered by the Building Official, who may adopt administrative rules and regu- lations consistent with its terms. The Building Official, and his or her designee, and/or code enforcement offi- cers, are authorized to enforce this chapter. (Ord. 5365 §1 (part), 2018) 6.11.030 DEFINITIONS. For the purposes of this chapter: "City" means the City of Bremerton, its officers, employees, and agents. "Commercial building" means any building that is used for commercial purposes in the City that is not intended for residential use. "Occupied" means a commercial building with a permitted, nonresidential use that is physically located and lawfully operating in the building. "Responsible person" means any person, firm, part- nership, association, corporation, fiduciary or any agent thereof, owning, leasing, renting or having lawful pos- session or control of a structure in the City. "Vacant commercial building" means a commercial building that has not had any legal occupancy during the preceding one hundred eighty (180) days. (Ord. 5365 §1 (part), 2018) 6.11.040 VACANT COMMERCIAL BUILDING REGISTRATION. (a) At least one (1) responsible person for each vacant commercial building must register that building with the City within ten (10) calendar days of the date the building becomes a vacant commercial building, as that term is defined in BMC 6.11.030, unless: (1) The building is the subject of a current, valid building permit for repair or rehabilitation and required inspections are ongoing, or the responsible per- son provides proof, such as receipts, invoices, or exe- cuted contracts, that the repair or rehabilitation is proceeding without significant delay; or (2) The property where the vacant commer- cial building is located is the subject of a land use appli- cation for redevelopment for which approval has been granted and building permits have been applied for but have not yet been issued. (b) A building will be considered to be registered on the date the City receives, on a form or in the manner provided by the Building Official and properly com- pleted and signed by a responsible person, the following information: (1) The street address and parcel number of the vacant commercial building; (2) The name, address, and daytime and eve- ning telephone numbers of each responsible person for the vacant commercial building, including any owner or tenant; (3) Any other information requested by the Building Official for the administration of this chapter. (c) A responsible person must renew the registra- tion of each vacant commercial building on or before January 1st of each year that the building remains vacant. A responsible person must submit the renewal application to the City on forms provided by the Build- ing Official. (d) Upon satisfactory proof to the Building Offi- cial that the vacant commercial building is occupied as defined in BMC 6.11.030, the vacant commercial build- ing will be unregistered. Proof of physical occupation shall include a valid City of Bremerton business license, (Revised 5/19)6.11-2 if required, and a certificate of occupancy issued by the Building Official. (e) There shall be no fee assessed for registration of the vacant commercial building. (Ord. 5365 §1 (part), 2018) 6.11.050 DUTY TO AMEND REGISTRATION STATEMENT. Responsible persons for any registered vacant com- mercial building shall advise the Building Official, in writing, of any changes to the information on the regis- tration form within thirty (30) days of the occurrence of the change. (Ord. 5365 §1 (part), 2018) 6.11.060 INSPECTIONS. The Building Official (and his/her designee), or code enforcement officers, or both, are authorized to conduct inspections to enforce the provisions of this chapter. (Ord. 5365 §1 (part), 2018) 6.11.070 ENFORCEMENT. (a) Enforcement of the provisions of this chapter will be performed in accordance with Chapter 1.04 BMC. (b) No responsible person may violate or fail to comply with any provisions of this chapter. Each responsible person commits a separate offense for each and every day they commit, continue or permit a viola- tion of any provision of this chapter. (c) All responsible persons for a vacant commer- cial building are jointly and severally responsible with respect to that vacant commercial building for compli- ance with the provisions of this chapter and for any pay- ments that they may be required to make to the City under this chapter. If the vacant commercial building is subject to a lease, the City shall have discretion to deter- mine whether to enforce this chapter against the vacant commercial building owner, the tenant or both of them, but the City shall consider in this determination whether the lease provides that the compliance with this chapter is the responsibility of the vacant commercial building owner or the tenant. (Ord. 5365 §1 (part), 2018) (Revised 5/19) Title 11 STREETS AND RIGHTS-OF-WAY Chapters: 11.01 GENERAL PROVISIONS FOR COMMUNICATIONS SYSTEMS 11.02 RIGHT-OF-WAY USE 11.03 SPECIAL RULES APPLICABLE TO COMMUNICATIONS FACILITIES AND COMMUNICATIONS SERVICE PROVIDERS 11.04 LOCAL IMPROVEMENT DISTRICTS 11.05 PRIVATE COMMUNICATIONS FACILITIES 11.06 MISCELLANEOUS PROVISIONS FOR COMMUNICATIONS SYSTEMS 11.08 SIDEWALK AND STREET FRONTAGE 11.10 COMPLETE STREETS PROGRAM 11.12 TRANSPORTATION DEVELOPMENT CODE 11.15 ON STREET PAID PARKING 11.18 ADDRESSING 11.20 VACATION OF PUBLIC RIGHTS-OF-WAY 11.25 ASSUMPTION OF TRANSPORTATION BENEFIT DISTRICT 11.10-1 (Revised 5/19) Chapter 11.10 COMPLETE STREETS PROGRAM Sections: 11.10.010 VISION. 11.10.020 COMPLETE STREETS - DEFINITIONS. 11.10.030 COMPLETE STREETS POLICY STATEMENT. 11.10.040 SCOPE AND APPLICABILITY. 11.10.050 EXCEPTIONS. 11.10.060 INTERGOVERNMENTAL COOPERATION AND PARTNERSHIPS. 11.10.070 BEST PRACTICE DESIGN CRITERIA. 11.10.080 COMMUNITY CONTEXT. 11.10.090 PERFORMANCE OBJECTIVES. 11.10.100 IMPLEMENTATION. 11.10.010 VISION. The City of Bremerton’s vision for complete streets is of a community in which all residents and visitors, regardless of their age, ability, or financial resources, can have access to an affordable, safe, and accessible transportation system that meets or exceeds their travel needs. The City shall seek to create a well-connected, well-balanced, local and regional transportation system for all modes of travel including, but not limited to, walking, biking, driving, riding public transit, deliver- ing goods and services, and emergency response trans- portation. The City recognizes that safe, comfortable, convenient travel for users of all ages and abilities encourages the use of public rights-of-way and can improve the environment, encourage physical activity and promote a vibrant, healthy, equitable, and livable community. (Ord. 5354 §2 (part), 2018) 11.10.020 COMPLETE STREETS - DEFINITIONS. (a)"All users" means transportation facility users of all ages and abilities, including, but not limited to, automobile motorists, pedestrians, bicyclists, transit vehicles and riders, freight providers, people with dis- abilities, emergency responders, commercial vehicles, delivery/service personnel, and adjacent land users. (b)"Complete streets" means streets that are designed and operated to enable safe access for all users of all ages and abilities. (c)"High need area/community of need" means: (1) Any census tract in which the median household income is less than eighty (80) percent of the statewide average median based on the most current census tract-level data from the U.S. Census Bureau American Community Survey; or (2) An area that has a high number of pedes- trian and/or bicycle collisions; or (3) Areas with the highest risk factors for and cases of chronic disease, such as but not limited to high blood pressure, heart disease, diabetes, cancer, stroke and obesity. (Ord. 5354 §2 (part), 2018) 11.10.030 COMPLETE STREETS POLICY STATEMENT. (a) The City of Bremerton will plan for, design, construct, operate and maintain a transportation system that is safe, convenient, and integrated into a network for all users in a balanced, responsible, and equitable manner consistent with and supportive of the surround- ing community. (b) Complete streets are intended to benefit users equitably, particularly vulnerable users and underin- vested and underserved communities. Transportation projects will provide safe, convenient, reliable, afford- able, accessible, and timely transportation choices regardless of race, ethnicity, religion, income, gender identity, immigration status, age, ability, languages spo- ken, or level of access to a personal vehicle. (c) Transportation facilities that support the con- cept of complete streets include, but are not limited to, pavement markings and signs; street and sidewalk light- ing; sidewalk and pedestrian safety improvements; Americans with Disabilities Act and Title VI compli- ance; on-street parking; transit accommodations; bicy- cle accommodations including appropriate signage and markings; and appropriate streetscapes, furniture and art that appeal to and promote pedestrian use. (Ord. 5354 §2 (part), 2018) 11.10.040 SCOPE AND APPLICABILITY. (a) The complete streets program shall apply to all phases of City transportation capital projects. Those involved in the planning and design of new transporta- tion projects, reconstruction projects, and retrofit proj- ects within the public right-of-way shall give consideration to all users and modes of travel from the start of planning and design work though construction. Transportation improvements shall be viewed as oppor- tunities to create safer, more accessible streets for all users. (b) Those involved in performing construction, repair, maintenance, and routine operations projects shall accommodate, as practical, the needs of all modes of transportation and all users during performance of the work. (c) To the extent feasible, private development projects that require frontage improvements or installa- (Revised 5/19)11.10-2 tion of new and/or retrofitted road construction should be designed and constructed to the City’s complete streets requirements. (Ord. 5354 §2 (part), 2018) 11.10.050 EXCEPTIONS. (a) The following activities and projects are exempted from the complete streets program as follows: (1) Ordinary and routine maintenance activi- ties such as mowing, snowplowing, sweeping, spot repair, joint or crack sealing, pavement patching/pothol- ing, shoulder repair, pavement marking refreshing, and restoration of drainage systems; this exception shall not be applied beyond the scope of that activity; (2) Emergency utility repair requiring road- way repair or reconstruction; (b) The Director of Public Works may allow an exception from the complete streets program for trans- portation projects as follows: (1) If application of this policy would require the accommodation of street uses prohibited by law; (2) Requires more space than is physically available; (3) Significantly increases project costs and equivalent alternatives exist within close proximity; (4) Has adverse impacts on environment resources such as streams, floodplains, wetlands, or on historic structures or sites above and beyond the impacts of currently existing infrastructure; (5) The cost of accommodation is dispropor- tionate to the current need or probable future use; (6) Where complete streets elements are not practical, are contrary to public safety, or are prohibited; (7) Where other available means or factors indicate an absence of current or future need; (c) The Director of Public Works will notify the Public Works Committee of project exceptions to the complete streets program set forth in subsection (b) of this section prior to exception being granted to provide the Committee opportunity to give advice. (Ord. 5354 §2 (part), 2018) 11.10.060 INTERGOVERNMENTAL COOPERATION AND PARTNERSHIPS. (a) The City will cooperate and collaborate with other transportation agencies to encourage those agen- cies to incorporate the principles and practices of com- plete streets within those agencies’ activities in the City, and to facilitate seamless transportation connections between jurisdictions. (b) It is the goal of the City to foster partnerships with Washington State transportation funding agencies, including the Washington State Department of Trans- portation (WSDOT), the Federal Highway Administra- tion, tribes, Kitsap County, Kitsap Transit, Bremerton School District, Olympic College, school and college districts, Kitsap Public Health District, residents, busi- nesses, interest groups, neighborhoods and other stake- holders, to implement the complete streets program. (Ord. 5354 §2 (part), 2018) 11.10.070 BEST PRACTICE DESIGN CRITERIA. The City’s design and construction engineering standards and deviations will be used to implement complete streets best practices as identified in BMC 11.12.080 or as amended hereinafter. Additional design resources to be used in developing complete streets stan- dards shall include, but are not limited to, the latest edi- tions of Institute of Transportation Engineers (ITE) and National Association of City Transportation Officials (NACTO) publications. (Ord. 5354 §2 (part), 2018) 11.10.080 COMMUNITY CONTEXT. (a) The complete streets program implementation shall take into account the City’s existing planning doc- uments, including the Comprehensive Plan, Nonmotor- ized Transportation Plan, and subarea plans, in order to identify existing and future community context ele- ments and land use. The surrounding land use and con- text shall be used to define complete streets projects. Special attention shall be paid to planned buildings, parks and trails, as well as communities’ current and expected transportation needs. (b) Complete streets should provide walkability and other nonmotorized transportation routes within and between centers, neighborhoods, and key locations. (c) Complete streets should take into account the goal of enhancing the context and character of the sur- rounding built and natural environments adjacent to a project. (d) The City shall make efforts to address unin- tended consequences, such as involuntary displacement due to transportation projects. (Ord. 5354 §2 (part), 2018) 11.10.090 PERFORMANCE OBJECTIVES. (a) The complete streets program will track the performance measures for the following objectives: (1) Health. (i) Improve access to park and recreation facilities; (ii) Enhance infrastructure supporting bicycling; (iii) Enhance infrastructure supporting walking; (iv) Improve access to public transporta- tion; (2) Access. Enhance access to transportation facilities for those with disabilities. 11.10-3 (Revised 5/19) (3) Safety. Improve the safety of transporta- tion facilities for bikers and pedestrians; (b) The Director of Public Works and/or designee shall report to the Public Works Committee on a bien- nial basis on the performance measures listed above and the extent to which the objectives have been met. (Ord. 5354 §2 (part), 2018) 11.10.100 IMPLEMENTATION. The Public Works and Utilities Department is responsible for implementing the complete streets pro- gram with cooperation from other City departments and oversight from the Public Works Committee. The Director of Public Works has the authority to create and modify policy to implement the complete streets pro- gram in accordance with this chapter. (Ord. 5354 §2 (part), 2018) 11.12-1 (Revised 5/19) Chapter 11.12 TRANSPORTATION DEVELOPMENT CODE Sections: 11.12.010 TITLE. 11.12.020 PURPOSE. 11.12.030 AUTHORITY. 11.12.040 TERRITORIAL APPLICATION. 11.12.050 DEFINITIONS. 11.12.060 TRAFFIC IMPACT ANALYSIS REPORTS. 11.12.070 TRAFFIC IMPACT MITIGATION. 11.12.080 DESIGN AND CONSTRUCTION ENGINEERING STANDARDS AND DEVIATIONS. 11.12.090 DEDICATION OF RIGHT-OF- WAY. 11.12.100 EASEMENTS. 11.12.110 STREET FRONTAGE IMPROVEMENTS. 11.12.120 LANDSCAPING IN RIGHTS- OF-WAY, EASEMENTS AND ACCESS TRACTS. 11.12.130 PRIVATE STREETS. 11.12.140 ACCEPTANCE OF PRIVATE STREETS AS DEDICATED PUBLIC STREETS. 11.12.150 DRIVEWAYS. 11.12.160 PRIVATE INTERSECTION OPENING. 11.12.170 STREET ENDS. 11.12.180 PARKING CIRCULATION. 11.12.190 TRAFFIC SIGNALS. 11.12.200 STREET LIGHTING. 11.12.210 TRAFFIC CONTROL. 11.12.220 UTILITY COMPANIES. 11.12.230 STREET INTERSECTION SIGHT DISTANCE REQUIREMENTS. 11.12.240 SIGHT DISTANCE REQUIREMENTS FOR PEDESTRIAN SAFETY. 11.12.250 PAVEMENT RESTORATION FOR TRENCHING IN RIGHT- OF-WAY. 11.12.260 VIOLATION - PENALTY. 11.12.010 TITLE. This section shall be known as the "Transportation Development Code." (Ord. 4856 §5 (in part), 2003) 11.12.020 PURPOSE. The purpose of this chapter is to implement the transportation element of the City comprehensive plan, and to provide an orderly process for the adoption, implementation, interpretation and modification of City transportation system development standards. (Ord. 4856 §5 (in part), 2003) 11.12.030 AUTHORITY. The Department of Public Works and Utilities by and through its Director is charged with the administra- tion and enforcement of the provisions of this chapter. The Director shall have the authority to: (a) Develop and adopt procedures as needed to implement this Code and to carry out the responsibilities of the Department. (b) Request the assistance of other City depart- ments to administer and enforce this Code. (c) Assign the responsibility for interpretation and application of specified procedures to divisions within the Department of Public Works and Utilities. (d) Require or allow a performance or mainte- nance assurance surety when authorized by a provision of this chapter (e) Act as final authority for appeals and requests for variance from requirements of this chapter. (f) Amend, interpret, and allow deviations from the City of Bremerton design and construction standards (engineering standards) when the Director finds that said reasons are in the best interest of the community. The Director is further authorized to establish minimum requirements for the design and construction of trans- portation facilities, utilities, and other public infrastruc- ture, and requirements for protecting existing facilities during construction. The engineering standards shall be consistent with this Code and adopted City policies. Modifications to or deviations from adopted engineer- ing standards must be supported, in writing, and demon- strate that the public interest is protected, and the modification is based upon sound engineering and/or public safety principles and adequately addresses all rel- evant functional, safety, maintenance, and aesthetic concerns. If a deviation is requested by an applicant, the Director shall require all necessary information to be provided by the applicant, and the applicant shall pay all City costs, including staff time and consultant fees, associated with reviewing and approving the deviation request. (g) Apply for grants to conduct transportation improvements. (h) Delegate, in writing, the Director’s authority to perform any of the tasks required of him/her under this chapter to other personnel with the Department, as is needed for the effective and efficient administration of the Department and the duties required under this chap- ter. (Ord. 4856 §5 (in part), 2003) (Revised 5/19)11.12-2 11.12.040 TERRITORIAL APPLICATION. This chapter shall apply to all development within the City. No permit shall be issued for any development in the City unless mitigation conditions, or improve- ments required by this chapter are made conditions of the permit. (Ord. 4856 §5 (in part), 2003) 11.12.050 DEFINITIONS. The following words and phrases, when used in this chapter, shall have the following meanings unless the context clearly indicates otherwise: (a) "Activity centers" means locations such as schools, parks, retail areas and shopping centers, places of employment, or public service agencies that attract people. (b) "Bicycle facilities" is a general term referring to improvements that accommodate or encourage bicy- cling, including, but not limited to, parking facilities, bike racks, and improvements to bicycle routes. (c) "Bicycle route" means any route designated for bicycle travel in the comprehensive plan, whether exclu- sive for bicyclists or to be shared with other transporta- tion modes. (d) "Cul-de-sac" means a street closed at one (1) end by widened pavement of sufficient size for vehicles to turn around. (e) "Curb (wheelchair) ramp" means a ramp cut into a roadway curb and sidewalk to allow access for physically challenged pedestrians to and from sidewalks and streets. (f) "Dedication" shall mean the transfer of land or interest in land by the owner of such land to the City for public uses, reserving no other rights than such as are compatible with the full exercise and enjoyment of the uses to which the property has been dedicated. (g) "Developer" or "applicant" means the property owner and his/her authorized agents or contractors responsible for a project. (h) "Development" shall mean any modification to any existing structure, modifications of the existing nat- ural landscape above and below ground or water, new construction or modification of a site previously modi- fied by human activity. (i) "Director" means the Director of the Depart- ment of Public Works and Utilities of the City of Bremerton or his/her designated or authorized represen- tative. (j) "Easement" means a privilege to use the land of another, or to restrict the use of the land of another, for a designated purpose. "Easement," as used herein, unless the context clearly designates otherwise, shall be an easement appurtenant, and shall be in a form approved by the City, and recorded with the Kitsap County Auditor as an encumbrance on the subservient estate. (k) "Gross square feet" means the total number of square feet within the finished wall surface of the outer building walls of a structure, including enclosed park- ing, but excluding vent shafts, outdoor courts and park- ing. (l) "High occupancy vehicle (HOV)" means an automobile, vanpool, bus or other motor vehicle with two (2) or more occupants. (m) "Mixed use development" means the develop- ment of a contiguous tract of land, a building or a struc- ture with two (2) or more different uses as identified in the Land Use Code. (n) "Mode split" means the percentage of overall trips made by different means of transportation. (o) "Peak period" means the two (2) hour a.m. or p.m. period during which the greatest volume of traffic uses the road system impacted by the project traffic. (p) "Project" means development or redevelop- ment for which a City permit is required. (q) "Redevelopment" means either renovation of a structure where the cost or value (whichever is greater) of renovation is greater than or equal to twenty-five per- cent (25%) of the Kitsap County assessed value of that structure, or modification of the land, where the cost or value (whichever is greater) of the modification is greater than or equal to twenty-five percent (25%) of the Kitsap County assessed value of the land. (r) "Right-of-way (public)" means all real prop- erty dedicated to public use for street purposes, utilities, walkways, sidewalks, bikeways, parking, or buffer strips, whether improved or unimproved, including the sub-surface rights and easements related thereto. (s) "Single occupancy vehicle (SOV)" means a motor vehicle transporting the driver only. (t) "Street frontage" means any part of private or public property that borders a public right-of-way dedi- cated for use by motorized vehicles. (u) "Street tree" means a tree planted for landscap- ing purposes within the public right-of-way. (v) Street vegetation" means vegetative plantings, including trees, used for landscaping purposes within the public right-of-way. (Ord. 4856 §5 (in part), 2003) 11.12.060 TRAFFIC IMPACT ANALYSIS REPORTS. Traffic impact analysis reports are required for pro- posed development projects when the City Engineer has reason to believe that the impact on the City’s existing or planned future transportation facilities will be signif- icant. "Significant," for this purpose, means generating, on any portion of the City’s transportation system, in excess of two percent (2%) more traffic above the exist- ing base line at either the peak period or for the average day where the base line shall be determined by the City Engineer. The City Engineer may require the traffic study to include any elements determined necessary in 11.12-3 (Revised 5/19) order to evaluate the nature and extent of appropriate mitigation measures. The report shall contain quantifi- cation of existing traffic, including existing LOS circu- lation, and parking plus that for the site after the proposed project is constructed. The analysis shall con- sider traffic impacts during the peak period. If the devel- opment generates significant traffic volumes outside the peak period of the adjacent road system, the City Engi- neer will determine the appropriate time interval of the analysis. The report shall also propose means to mitigate the impacts of the project in accordance with BMC 11.12.070. The traffic impact analysis shall be prepared by a Washington Registered Professional Engineer who is qualified in traffic engineering. (Ord. 4856 §5 (in part), 2003) 11.12.070 TRAFFIC IMPACT MITIGATION. (a) The City Engineer shall impose conditions necessary to mitigate all impacts of traffic, circulation and parking resulting from a project. For segments, intersections or other portions of the street system for which a level of service (LOS) standard has been adopted within the current comprehensive plan of the city, mitigation measures shall be sufficient, in the esti- mation of the City Engineer, to assure that such seg- ments, intersections or other portions of the street system continue to meet or exceed the adopted LOS standards after full project occupancy and operation. For segments, intersections or other portions of the street system for where the present LOS is below the standard that has been adopted in the current compre- hensive plan, the mitigation measure shall be sufficient in the estimation of the City Engineer to maintain or exceed the present LOS. Mitigation measures may include, but are not limited to, channelization; intersec- tion modifications; signal installation, modification, or replacement; installation of acceleration/deceleration lanes; turn lanes and medians. (b) Required traffic mitigations related to LOS standard shall not require that an applicant mitigate por- tions of traffic not attributable to the project. (c) The City Engineer may require the applicant to participate in the funding of mitigation measures required as a result of traffic impacts associated with development on the property in lieu of construction of the improvements if the City Engineer determines that the delay in construction will not adversely impact the City Transportation System, and the best interests of the public would be better served by the delay. (Ord. 4856 §5 (in part), 2003) 11.12.080 DESIGN AND CONSTRUCTION ENGINEERING STANDARDS AND DEVIATIONS. (a) All projects shall be designed and constructed in accordance with the current City of Bremerton Design and Construction Standards (also referred to as the engineering standards) as on file with the Depart- ment of Public Works and Utilities. The engineering standards shall also apply wherever any public work is performed within the City of Bremerton. City capital improvement projects, maintenance projects, utility projects and other projects performed by or on behalf of City employees shall meet all standards outlined in this document, except for otherwise approved deviations. These standards are not intended to apply to "resurfac- ing, restoration, and rehabilitation projects" as those terms are defined in the most current Local Agency Guidelines, Washington Department of Transportation (WSDOT). Except where the engineering standards or the provisions of this chapter provide otherwise, all design, construction, and materials shall conform to the most current of the following publications: (1) WSDOT/APWA Standard Specifications for Road, Bridge, and Municipal Construction, hereinaf- ter referred to as the "WSDOT/APWA Standard Speci- fications"; (2) WSDOT/APWA Standard Plans for Road, Bridge, and Municipal Construction, hereinafter referred to as the "WSDOT/APWA Standard Plans"; (3) A Policy on Geometric Design of High- ways and Streets, AASHTO; "Manual on Uniform Traf- fic Control Devices," FHWA; and (4) WSDOT Local Agency General Special Provisions (GSPs) for Permeable Pavement. (b) An applicant may request a deviation from an engineering standard. Requests for deviation shall be made by the applicant in writing and shall include the specific standard from which deviation is requested, an engineering report, calculations, or other technical doc- umentation that provides a basis for the deviation. The deviation may only be granted if the applicant demon- strates with clear and convincing evidence that: (1) The deviation is required due to geotech- nical, topographical, or other physical constraints that are beyond the control of the applicant. (2) The unavailability of specified materials and the substitute materials will equal or exceed the per- formance criteria of the specified materials. (3) The public safety and welfare will not be adversely impacted by the deviation. (4) The deviation with not detract from the intent and purpose of this chapter or the engineering standards. (5) The other requirements of BMC 11.12.030(f) are met. (Ord. 5308 §2, 2016: Ord. 4856 §5 (in part), 2003) (Revised 5/19)11.12-4 11.12.090 DEDICATION OF RIGHT-OF- WAY. The City may require the dedication of right-of-way in order to incorporate transportation improvements that are reasonably necessary to mitigate the direct impacts of the development. The property owner may be required to dedicate right-of-way to accommodate: (a) Motorized and nonmotorized transportation, landscaping, LID BMPs, utility, street lighting, traffic control devices, and buffer requirements; and (b) Street frontage improvements where the exist- ing right-of-way is not adequate to meet current right- of-way width requirements; and (c) The extension of existing or future public street improvements; and (d) Other transportation facilities deemed neces- sary by the Director of Public Works and Utilities in order to mitigate the impacts identified in the develop- ment. (Ord. 5308 §3, 2016: Ord. 4856 §5 (in part), 2003) 11.12.100 EASEMENTS. (a) The City may require the dedication of such easements as are necessary to provide all necessary pub- lic services, utility services, and motorized and nonmo- torized circulation corridors in and through the development, consistent with the provisions of the com- prehensive plan and other adopted City plans. Ease- ments may include, but are not limited to uses for private streets, sidewalks, street lighting, traffic control devices, temporary construction, and pathways. Design features of a street may necessitate the granting of slope, wall, and drainage easements. (b) Nonmotorized easements may be required where necessary to facilitate pedestrian circulation between neighborhoods, schools, shopping centers and other activity centers even if the facility is not specifi- cally shown on the City’s comprehensive plan. (c) Nonmotorized easements shall be wide enough to include the trail width and a minimum clear distance of two (2) feet on each side of the trail. Easement width may vary according to site-specific design issues such as topography, buffering, and landscaping. (d) Nonmotorized easements shall be designated "City of Bremerton Nonmotorized Public Easement" and easement documents shall specify maintenance responsibilities. (Ord. 4856 §5 (in part), 2003) 11.12.110 STREET FRONTAGE IMPROVEMENTS. (a) The installation of street frontage improve- ments in accordance with the engineering standards is required prior to issuance of development and building permits for all new development and redevelopment for all land use types, unless one (1) or more of the follow- ing exceptions are met: (Revised 5/19) Title 20 LAND USE* Chapters: Division I. Permitting 20.02 PROJECT PERMITS 20.04 STATE ENVIRONMENTAL POLICY ACT Division II. Land Development 20.10 COMPREHENSIVE PLAN AMENDMENTS 20.12 LAND DIVISION 20.14 CRITICAL AREAS 20.16 SHORELINE DEVELOPMENT 20.18 TEXT AMENDMENTS Division III. Zoning 20.40 ADMINISTRATION 20.42 DEFINITIONS 20.44 GENERAL DEVELOPMENT STANDARDS 20.46 SPECIAL DEVELOPMENT STANDARDS 20.48 OFF-STREET PARKING REQUIREMENTS 20.50 LANDSCAPING 20.52 SIGN STANDARDS 20.54 NONCONFORMING PROVISIONS 20.58 LAND USE PERMITS 20.60 LOW DENSITY RESIDENTIAL (R-10) 20.62 GENERAL COMMERCIAL (GC) 20.70 DISTRICT CENTER CORE (DCC) 20.74 BUSINESS CORE (BC) 20.75 DOWNTOWN CORE (DC) 20.76 DOWNTOWN WATERFRONT (DW) 20.78 MEDIUM DENSITY RESIDENTIAL (R-18) 20.79 MULTIFAMILY RESIDENTIAL (R-20) 20.82 NEIGHBORHOOD BUSINESS (NB) 20.86 FREEWAY CORRIDOR (FC) 20.92 EMPLOYMENT CENTER (EC) 20.94 INDUSTRIAL (I) 20.96 CITY UTILITY LANDS (CUL) 20.97 WATERSHED (WS) 20.98 INSTITUTIONAL (INST) ZONING MAPS * Code reviser’s note: Ord. 4950 §1 provides as follows: "Title 20 of the Bremerton Municipal Code entitled "Subdivisions" is hereby recodified as Title 20, "Land Use," consisting of three parts: Division I entitled "Permitting," consisting of Chapters 20.02 and 20.04; Division II entitled "Land Development," consisting of Chapters 20.10 through 20.18; and Division III entitled "Zoning," consisting of Chapters 20.40 through 20.98." 20.10-1 (Revised 5/19) Bremerton Municipal Code 20.10.050 Division II. Land Development Chapter 20.10 COMPREHENSIVE PLAN AMENDMENTS Sections: 20.10.010 ANNUAL AMENDMENTS. 20.10.020 APPLICATIONS. 20.10.030 TIME OF FILING. 20.10.040 SUSPENSION OF APPLICATIONS. 20.10.050 AMENDMENTS OUTSIDE THE ANNUAL PROCESS. 20.10.060 SEPA REVIEW. 20.10.070 CUMULATIVE EFFECT. 20.10.075 PRELIMINARY REVIEW AND EVALUATION CRITERIA. 20.10.080 DECISION CRITERIA. 20.10.090 HEARING PROCEDURES - NOTICE REQUIREMENTS. 20.10.100 CITY COUNCIL ACTION. 20.10.110 APPEALS. 20.10.010 ANNUAL AMENDMENTS. The City Council shall consider amendments to the Bremerton Comprehensive Plan no more than once each calendar year, except as provided in BMC 20.10.050. (Ord. 5366 §3 (part), 2019: Ord. 5301 §3 (Exh. B) (part), 2016: Ord. 4994 §1 (part), 2006: Ord. 4950 §4 (part), 2005: Ord. 4852 §1 (in part), 2003) 20.10.020 APPLICATIONS. Comprehensive Plan amendments may be initiated by the Department of Community Development or other administrative staff of the City, private citizens, private or public entities or agencies, the Planning Commission, or the City Council. (Ord. 5366 §3 (part), 2019: Ord. 5301 §3 (Exh. B) (part), 2016: Ord. 4994 §1 (part), 2006: Ord. 4950 §4 (part), 2005: Ord. 4852 §1 (in part), 2003) 20.10.030 TIME OF FILING. Applications to amend the Comprehensive Plan shall be submitted to the Department of Community Development between the first business day in August and November 15th (or the next business day if it falls on a weekend) to be considered for the following year’s amendments. Applications shall be submitted on forms prescribed by the Department, and a presubmittal meet- ing is required prior to submittal. Incomplete applica- tions will not be accepted for filing. Requests received after the deadline shall be resubmitted during the next calendar year amendment process. The Director of Community Development may, at his or her sole discre- tion, accept applications filed after the deadline if review has not begun on the pending applications and acceptance of the late application will not have a signif- icant impact on the processing of the pending applica- tions. (Ord. 5366 §3 (part), 2019: Ord. 5301 §3 (Exh. B) (part), 2016: Ord. 4994 §1 (part), 2006: Ord. 4971 §3, 2006: Ord. 4950 §4 (part), 2005: Ord. 4852 §1 (in part), 2003) 20.10.040 SUSPENSION OF APPLICATIONS. The City Council may, by motion or resolution, suspend the amendment process for any given calendar year. However, in no case shall the amendment process be suspended for two (2) consecutive calendar years. (Ord. 5366 §3 (part), 2019: Ord. 5301 §3 (Exh. B) (part), 2016: Ord. 4994 §1 (part), 2006: Ord. 4950 §4 (part), 2005: Ord. 4852 §1 (in part), 2003) 20.10.050 AMENDMENTS OUTSIDE THE ANNUAL PROCESS. Pursuant to RCW 36.70A.130, the City Council may consider amendments to the Comprehensive Plan outside the annual review process set forth in BMC 20.10.010 under the following circumstances: (a) Subarea Plan. The initial adoption of a subarea plan that does not modify the Comprehensive Plan pol- icies and designations applicable to the subarea; and (b) Shoreline Master Program. The adoption or amendment of a Shoreline Master Program under the procedures set forth in Chapter 90.58 RCW; and (c) Capital Facilities Element. The amendment of the capital facilities element of the Comprehensive Plan that occurs concurrently with the adoption or amend- ment of the City’s budget; and (d) Planned Actions. The adoption of Comprehen- sive Plan amendments necessary to enact a planned action under RCW 43.21C.031(2); and (e) Emergency Amendments. At any time an emergency situation exists, emergency Comprehensive Plan amendments may be processed separately and in addition to the standard annual amendment process even though such emergency amendment results in a Com- prehensive Plan amendment more frequently than once per year. Prior to considering an emergency amend- ment, the City Council shall, by resolution or motion, make a finding that an emergency situation exists. The following shall constitute a basis for emergency amend- ments: (1) Situations involving official, legal, or administrative actions, such as those to immediately avoid an imminent danger to public health and safety, prevent imminent danger to public or private property or to prevent an imminent threat of serious environmental degradation; (Revised 5/19)20.10-2 20.10.060 (2) To address the absence of adequate and available public facilities or services; (3) To resolve an appeal of the Comprehen- sive Plan filed with the Central Puget Sound Growth Management Hearings Board or court, or to comply with a decision of the Board or court or of a State agency or office or the State Legislature necessitating an emer- gency Comprehensive Plan amendment; or (4) Council confirmation of the Director’s finding of a conflict, inconsistency, deficiency or other internal defect in the Comprehensive Plan that requires correction for clear, complete and consistent policy direction. (Ord. 5366 §3 (part), 2019: Ord. 5301 §3 (Exh. B) (part), 2016: Ord. 4994 §1 (part), 2006: Ord. 4950 §4 (part), 2005: Ord. 4852 §1 (in part), 2003) 20.10.060 SEPA REVIEW. After the annual Comprehensive Plan amendment docket is established, the City’s responsible official shall review the cumulative environmental effect of all proposed Comprehensive Plan amendments, pursuant to the Washington State Environmental Policy Act (SEPA). If the responsible official determines that a draft final or supplemental environmental impact state- ment (EIS) or other appropriate environmental review is warranted, applicants may be responsible for a full or proportionate share of the costs of preparing the envi- ronmental analysis as determined by the responsible official. (Ord. 5366 §3 (part), 2019: Ord. 5301 §3 (Exh. B) (part), 2016: Ord. 4994 §1 (part), 2006: Ord. 4950 §4 (part), 2005: Ord. 4852 §1 (in part), 2003) 20.10.070 CUMULATIVE EFFECT. In considering annual amendments to the Compre- hensive Plan, the Planning Commission and the City Council shall consider all proposed amendments con- currently to assess their cumulative effect. The analysis of cumulative effect shall be conducted pursuant to BMC 20.10.060 and shall be entered into the hearing records of the Planning Commission and City Council prior to any action. (Ord. 5366 §3 (part), 2019: Ord. 5301 §3 (Exh. B) (part), 2016: Ord. 4994 §1 (part), 2006: Ord. 4950 §4 (part), 2005: Ord. 4852 §1 (in part), 2003) 20.10.075 PRELIMINARY REVIEW AND EVALUATION CRITERIA. (a) Prior to the Planning Commission recommen- dation to City Council, the Department shall conduct a preliminary review and evaluation of proposed amend- ments and assess the extent of review that would be required under the SEPA in this chapter. The prelimi- nary review and evaluation shall include any review by other departments deemed necessary by the Department and shall be based on the following criteria: (1) Is the proposed amendment consistent with the county-wide planning policies, the Growth Management Act (GMA), other state or federal law, or the Washington Administrative Code? (2) Would the proposed amendment cause lit- tle or no adverse environmental impacts, and is the time required to analyze impacts available within the time frame of the standard annual review process? (3) Is sufficient analysis completed to deter- mine any need for additional capital improvements and revenues to maintain level of service, and is the time required for this analysis available within the time frame for this annual review process? (4) Can the proposed amendment be consid- ered now without conflicting with some other Compre- hensive Plan established timeline? (5) Can the proposed amendment be acted on without significant other amendments or revisions not anticipated by the proponents, and is the time required for processing those amendments or revisions available within the time frame of this annual review process? (6) If the proposed amendment was previ- ously reviewed, ruled upon or rejected, has the applicant identified reasons to review the proposed amendment again? (b) If the Department determines that the answer to any of the above questions is no, it may recommend to the Planning Commission that the proposed amend- ment or revision not be further processed in the current amendment review cycle. Upon direction from the Plan- ning Commission, Department staff will inform those whose proposed amendments or revisions will not be considered because (a) impact analysis beyond the scope of the amendment process is needed; (b) the request does not meet preliminary criteria; or (c) likeli- hood of inclusion of the proposal in a department’s work program. Proponents may resubmit proposals to the Department at any time, subject to the timelines con- tained in this chapter. (Ord. 5366 §3 (part), 2019) 20.10.080 DECISION CRITERIA. The Planning Commission may recommend, and the City Council may adopt or adopt with modifications, an amendment to the Comprehensive Plan if: (a) There exists an obvious technical error in the pertinent Comprehensive Plan provisions; or (b) All the following criteria have been met: (1) The amendment is consistent with the Growth Management Act; (2) The amendment is consistent with the Comprehensive Plan or other goals or policies of the City; (3) If the amendment was reviewed but not adopted as a part of a previous proposal, circumstances 20.10-3 (Revised 5/19) Bremerton Municipal Code 20.10.110 related to the proposed amendment have significantly changed, or the needs of the City have changed, which support an amendment; (4) The amendment is compatible with exist- ing or planned land uses and the surrounding develop- ment pattern; and (5) The amendment will not adversely affect the City’s ability to provide urban services at the planned level of service and bears a reasonable relation- ship to benefitting the public health, safety and welfare. (Ord. 5366 §3 (part), 2019: Ord. 5301 §3 (Exh. B) (part), 2016: Ord. 4994 §1 (part), 2006: Ord. 4950 §4 (part), 2005: Ord. 4852 §1 (in part), 2003) 20.10.090 HEARING PROCEDURES - NOTICE REQUIREMENTS. The Department of Community Development shall prepare a report on proposed plan amendments which shall be presented to the Planning Commission at a pub- lic hearing. The Planning Commission shall hold one (1) or more hearings on the proposed amendments. Follow- ing the public hearing by the Planning Commission, the Planning Commission’s recommendation shall be for- warded to the City Council for action. For proposed text amendments, notice of the first Planning Commission and the first City Council public hearing shall be given in at least one (1) publication in the local newspaper at least ten (10) days prior to said hearing. (Ord. 5366 §3 (part), 2019: Ord. 5301 §3 (Exh. B) (part), 2016: Ord. 4994 §1 (part), 2006: Ord. 4950 §4 (part), 2005: Ord. 4852 §1 (in part), 2003) 20.10.100 CITY COUNCIL ACTION. Following receipt of the Planning Commission rec- ommendation, the City Council shall affirm, deny, mod- ify or return the application to the Commission for further consideration. In the event the City Council modifies the recommendation, it shall make its own findings and set forth in writing the reasons for the action taken. If the City Council makes a substantial modification to the Planning Commission recommenda- tion, it shall hold at least one (1) additional hearing on the modified recommendation prior to adoption. (Ord. 5366 §3 (part), 2019: Ord. 5301 §3 (Exh. B) (part), 2016: Ord. 4994 §1 (part), 2006: Ord. 4950 §4 (part), 2005: Ord. 4852 §1 (in part), 2003) 20.10.110 APPEALS. Appeals from a decision of the Bremerton City Council shall be pursuant to Chapter 36.70A RCW. (Ord. 5366 §3 (part), 2019: Ord. 5301 §3 (Exh. B) (part), 2016: Ord. 4994 §1 (part), 2006: Ord. 4950 §4 (part), 2005: Ord. 4852 §1 (in part), 2003) 20.40-3 (Revised 5/19) Bremerton Municipal Code 20.40.200 (c) If the proposal is found to be similar to a listed use, the proposal shall be subject to all standards, requirements and permitting processes to which the listed use is subject. (Ord. 5301 §3 (Exh. B) (part), 2016: Ord. 4950 §8 (Exh. A) (part), 2005) 20.40.160 PROHIBITED USES. (a) No use that is illegal under local, state, or fed- eral law shall be allowed in any zone within the City. (b) Any use not listed as a permitted, conditional or accessory use by the zone; or any use not determined to be a similar use pursuant to BMC 20.40.150; or any use not found to be an allowable accessory use to the principal use shall be prohibited within that zone unless allowed otherwise by law. (c) A collective garden, as defined in BMC 20.42.040, is prohibited in all zoning districts of the City. (1) Any violation of this section is declared to be a public nuisance per se, and shall be abated by the City Attorney under applicable provisions of this code or state law, including, but not limited to, the provisions of Chapter 1.04 BMC; (2) Nothing in this section is intended to authorize, legalize, or permit the establishment, opera- tion, or maintenance of any business, building, or use which violates any City, state, or federal law or statute. (Ord. 5301 §3 (Exh. B) (part), 2016: Ord. 5205 §3, 2013: Ord. 4950 §8 (Exh. A) (part), 2005) 20.40.170 COMPREHENSIVE PLAN AND ZONING CONSISTENCY. Regulations used to implement the Comprehensive Plan must be consistent with the Plan. Figure 20.40(a) identifies the relationships between a Comprehensive Plan designation and establishes the zoning districts that may be approved within each Comprehensive Plan des- ignation. (Ord. 5301 §3 (Exh. B) (part), 2016: Ord. 4950 §8 (Exh. A) (part), 2005) 20.40.180 ENFORCEMENT. (a) It is the duty of the Director to enforce the pro- visions of this title. Enforcement actions may include one or more of the following: (1) Withhold or revoke land use permits or approvals; (2) Withhold or revoke building permits for construction or alteration of a structure, abatement of structures; (3) Revocation of use permits and variances; (4) Enforcement through Chapter 1.04 BMC; (5) Filing a court action in a court of compe- tent jurisdiction. (b) Land Use/Permit Revocation. A permit or land use approval may be revoked if: (1) The work is not authorized by a valid per- mit or approval; (2) Inaccurate or incorrect information was used to obtain the permit or approval or the permit or approval was issued in error; (3) The permittee is not complying with the terms of the permit or approved plans; (4) The permittee is in violation of the requirements of this chapter or of any land use ordi- nance, statute, or regulation; or (5) The work is, in the Director’s judgment, a hazard to property or public safety, is adversely affect- ing or about to adversely affect adjacent property or rights-of-way, a drainage way, watercourse, sensitive areas or stormwater facility, or is otherwise adversely affecting the public health, safety, or welfare. (c) Revocation of a permit or land use approval shall be made by: (1) The Director for Type I and Type II per- mits subject to the right of appeal as set forth in BMC 20.02.140. (2) The Administrative Hearing Examiner for a Type III permit subject to the right of appeal as set forth in BMC 20.02.140 and Chapter 36.70C RCW. (3) The Council for a Type IV permit as set forth in BMC 20.02.140 and Chapter 36.70C RCW pro- vided by law. (Ord. 5301 §3 (Exh. B) (part), 2016: Ord. 4950 §8 (Exh. A) (part), 2005) 20.40.190 PROHIBITION OF FURTHER PERMITS OR APPROVALS. The City shall not accept, process, or approve any application for a subdivision or any other land use per- mit or approval, or issue a certificate of occupancy for property on which a violation of this title has occurred until the violation is cured by restoration or other means accepted by the Director and by payment of any penalty imposed for the violation. (Ord. 5301 §3 (Exh. B) (part), 2016: Ord. 4950 §8 (Exh. A) (part), 2005) 20.40.200 VIOLATION - PENALTY. (a) Any violation of any provision of this title con- stitutes a civil violation under Chapter 1.04 BMC for which a monetary penalty may be assessed and abate- ment may be required as provided therein. (b) In addition to, or as an alternative to, any other penalty provided in this chapter or by law, any person who violates any provision of this title shall be guilty of a misdemeanor pursuant to BMC 1.12.020(2). (Ord. 5301 §3 (Exh. B) (part), 2016: Ord. 4950 §8 (Exh. A) (part), 2005) (Revised 5/19)20.40-4 Figure 20.40(a) Figure 20.40(a) The following figure lists the Bremerton Comprehensive Plan Land Use Map designations with corresponding BMC Title 20, Land Use, implementing zoning districts: (Ord. 5364 §4, 2018: Ord. 5301 §3 (Exh. B) (part), 2016: Ord. 5111 §2, 2010: Ord. 5091 §3, 2009: Ord. 4950 §8 (Exh. A) (part), 2005) Figure 20.40(a) COMPREHENSIVE PLAN/ZONING CONSISTENCY COMPREHENSIVE PLAN DESIGNATION IMPLEMENTING ZONING DISTRICTS Low Density Residential (LDR) Low Density Residential (R-10) Medium Density Residential (MDR)Low Density Residential (R-10) Medium Density Residential (R-18) Multifamily Residential (MR) Low Density Residential (R-10) Medium Density Residential (R-18) Multifamily Residential (R-20) District Centers (DC) District Center Core (DCC) Employment Center (EC) Employment Center (EC) Downtown Regional Center (DRC) Business Core (BC) Downtown Core (DC) Downtown Waterfront (DW) Neighborhood Business (NB) Manufacturing and Industrial Center (MIC) Puget Sound Industrial Center-Bremerton (PSIC-B) Industrial (I) General Commercial (GC) General Commercial (GC) Freeway Corridor (FC)Freeway Corridor (FC) Neighborhood Business (NB) Neighborhood Business (NB) Industrial (I) Industrial (I) City Utility Lands (CUL) Higher Education (HE) Institutional (INST) City Utility Lands (CUL) City Utility Lands (CUL) Watershed (WS) Watershed Lands (WS) Watershed (WS) Naval Base-Kitsap Naval Base Kitsap-Bremerton 20.50-1 (Revised 5/19) Bremerton Municipal Code 20.50.040 Chapter 20.50 LANDSCAPING Sections: 20.50.010 INTENT. 20.50.020 APPLICABILITY. 20.50.030 EXCEPTIONS. 20.50.040 GENERAL PROVISIONS. 20.50.050 PERFORMANCE STANDARDS. 20.50.060 LANDSCAPING PLAN SUBMITTAL. 20.50.010 INTENT. The intent of this chapter is to establish landscaping standards that contribute to a quality urban environment by connecting open spaces, maintaining native, drought-resistant vegetation, replacing nonnative and invasive species, increasing privacy for residential areas, providing visual relief of parking lots, providing habitat for fish and wildlife, retaining significant trees, and reducing erosion and stormwater runoff while pro- viding on-site filtration to protect groundwater resources from pollutants and flooding. (Ord. 5301 §3 (Exh. B) (part), 2016: Ord. 5046 §4 (part), 2008: Ord. 4950 §8 (Exh. A) (part), 2005) 20.50.020 APPLICABILITY. All new development, including expansion of exist- ing structures and/or uses, shall be subject to the require- ments of this chapter. (Ord. 5301 §3 (Exh. B) (part), 2016: Ord. 5046 §4 (part), 2008: Ord. 4950 §8 (Exh. A) (part), 2005) 20.50.030 EXCEPTIONS. (a) Landscaping standards do not apply to residen- tial short subdivisions or developments of single-family units on individual lots, except that all undeveloped areas of the property shall be landscaped and continually maintained or retained in a natural undisturbed state. (b) The Director may waive or reduce any require- ment(s) of this chapter in the following cases: (1) The remodel of an existing building results in the expansion of floor area that is ten (10) per- cent or less of the existing floor area; (2) An expansion of a use that results in no modifications (except normal maintenance and repair of the structure) to the outdoor area of the site; (3) To accommodate required off-street park- ing spaces. Pervious pavement or other landscaping mit- igation may be required to accommodate for the loss of stormwater function. (c) Parking lots with less than thirty (30) spaces are exempt from internal landscaping requirements if they provide at least a five (5) foot width of landscaping across the frontage and along at least one (1) other prop- erty line and only one parking lot is located on site. (Ord. 5301 §3 (Exh. B) (part), 2016: Ord. 5046 §4 (part), 2008: Ord. 4977 §6, 2006; Ord. 4950 §8 (Exh. A) (part), 2005) 20.50.040 GENERAL PROVISIONS. (a) Front Yards. All front yard setback areas shall be landscaped pursuant to the performance standards per BMC 20.50.050; (b) Street Trees. Street trees shall be planted along public and private streets per performance standards in BMC 20.50.050(a) unless otherwise required by BMC 20.50.050(c). Trees shall be located within the front yard setback area, or within a public right-of-way if approved by the City and the property owner arranges the planting and maintenance of said street trees; (c) Visual Screening. When any nonresidential development, as defined by the International Building Code (which includes three (3) or more units), is pro- posed on a site that is adjoining the low or medium den- sity residential zones, visual screening shall be provided according to the performance standards in BMC 20.50.050(b); (d) Areas Adjacent to Trails and Open Spaces. All developments adjacent to publicly used or designated trails and open spaces in the Comprehensive Plan shall provide Type I visual screening along the site facing the trail or open space per the performance standards out- lined in BMC 20.50.050(b); (e) Undeveloped Areas. Undeveloped portions of property not devoted to landscaping shall remain with existing vegetation, including significant trees, as pro- vided for in BMC 20.50.050(d), but excluding plants that can be classified as noxious weeds or as invasive species; (f) Alternative Landscaping Plan. The require- ments of this chapter may be modified to encourage bet- ter landscaping design as follows: (1) A request for approval of alternate land- scaping shall be submitted and accompanied by a land- scape plan as required above; (2) An alternative landscaping plan may be approved, provided a finding by the City of public ben- efit and that the total area of landscaping shall be equal to or exceed that created by adherence to the standard landscaping and buffer requirements; (g) Guarantee. All landscaping shall be completed prior to the issuance of a certificate of occupancy (CO), except that in lieu of installing required landscaping, a performance assurance device may be provided prior to the issuance of a CO. The purpose of such a requirement is to ensure that a landscape plan is carried out when (Revised 5/19)20.50-2 20.50.050 required by this chapter. The following conditions apply: (1) A bond or other acceptable assurance device shall be in the amount of one hundred twenty- five (125) percent of the estimated cost required to com- plete the approved landscaping, in order to guarantee its installation and the replacement of any plants that die within two (2) years of the posting of the bond; (2) If a performance assurance device is pro- vided, landscaping shall be installed within the next planting season and no later than one (1) year from the date of issuance of a CO. If the approved landscape plan is not carried out, the City shall use the performance assurance device to complete the landscaping; (3) A performance assurance device will be released two (2) years after it is posted if the landscaping vegetation is in a healthy growing condition; (h) Maintenance Required. All plant material shall be maintained in a healthy growing condition free of weeds, trash or debris through the life and use of the development. Dead, damaged, diseased, or missing plant material shall be replanted or replaced as neces- sary to comply with the approved landscaping plan and the requirements of the chapter. Maintenance standards and assurances must be provided in the landscape plan as described in BMC 20.50.060. (Ord. 5364 §5, 2018: Ord. 5301 §3 (Exh. B) (part), 2016: Ord. 5046 §4 (part), 2008: Ord. 4950 §8 (Exh. A) (part), 2005) 20.50.050 PERFORMANCE STANDARDS. Required landscaping shall be provided in the fol- lowing manner: (a) General landscaping is intended to provide visual separation between compatible uses and to soften the appearance of parking lots and building facades. All required setback areas, parking lots, and interior land- scaping areas shall comply with the following: (1) Street trees are required, one (1) tree for every twenty-five (25) linear feet of street frontage, and shall be spaced a maximum distance of thirty-five (35) feet on center; however, trees may be spaced irregularly in natural groupings rather than uniformly spaced except as noted elsewhere in this chapter; (2) Planting shall include a mix of trees, shrubs, ground covers, turf grasses or combination thereof; nonliving materials shall not exceed twenty (20) percent of the landscaped area within two (2) years of planting; (3) Each separate landscaped area shall be a minimum of fifty (50) square feet and shall include at least one (1) tree in combination with shrubs, ground cover, or other landscape materials; (4) Bioswales and permeable pedestrian access ways connecting landscaped areas are encour- aged and are included in the calculation of required landscaping square footage. Low impact development best management practices performed on site may count towards required landscaping (tree for tree, and square footage for square footage); (5) Interior landscaping shall be dispersed as equally as possible throughout the site particularly in parking areas; (6) Parking lots shall have at least ten (10) square feet of interior landscaping for each parking space. Required peripheral trees and required land- scaped setback areas shall not be included in the interior landscaping calculations; (7) For every ten (10) parking stalls one (1) tree shall be installed within a landscaped area; and (8) Landscaped areas shall consist of no more than fifty (50) percent deciduous species. (b) Visual screening is intended to function as a year-round full visual barrier between incompatible uses. Visual screening is required for all commercial projects adjacent to the low or medium density residen- tial zones. Visual screening is required as follows: (1) Type I. Required along the property line(s) of all nonresidential development proposed on a site that is adjoining the low or medium density residential zones. For purposes of this subsection, nonresidential development is as defined in the International Building Code (which includes three (3) or more dwelling units) and not specifically identified in subsection (b)(2) of this section. A Type I visual screen shall include the fol- lowing: (i) A landscaped area of at least ten (10) feet wide; (ii) A mix of evergreen and deciduous trees, no more than twenty (20) feet apart on center. Deciduous trees up to twenty-five (25) percent of the tree requirement are encouraged to add seasonal and textural variation; (iii) Shrubs shall be planted between the trees to provide an effective visual barrier. Shrubs may be spaced irregularly in natural groupings rather than uniformly spaced; however, grouped shrubs should be no more than five (5) feet apart from each other; and (iv) A sight-obscuring fence, wall, earthen berm or combination thereof is required adja- cent to parking areas to ensure headlights do not project into residential properties. Measures shall be taken to ensure quality in the visual character of the wall or fence on the side facing the residential lot. (2) Type II. Required for all large retail, motion picture theaters, junk yards, heavy indus- trial/manufacturing, stadiums, and sports complexes proposed on a site that is adjoining the low or medium density residential zones. Type II screening shall be pro- 20.50-3 (Revised 5/19) Bremerton Municipal Code 20.50.050 vided along all property lines that adjoin the low or medium density residential zones. A Type II visual screen shall include the following: (i) Landscaped area of at least twenty (20) feet in width; (ii) A double row of evergreen trees spaced no more than fifteen (15) feet apart on center (rows shall be offset and spacing triangulated); existing mature healthy trees on site are encouraged to be retained; (iii) Shrubs shall be planted to enhance the visual barrier. Shrubs may be spaced irregularly in nat- ural groupings rather than uniformly spaced; however, grouped shrubs should be no more than five (5) feet apart from each other; and (iv) A sight-obscuring fence, wall, earthen berm or combination thereof is required adja- cent to parking areas to ensure headlights do not project into residential properties. Measures shall be taken to ensure quality in the visual character of the wall or fence on the side facing the residential lot. (c) Centers. Intended to soften the streetscape and sidewalk areas in a dense urban environment. Projects within the centers must comply with the provisions set forth in adopted subarea plans, the provisions of this chapter, and the following: (1) Street trees shall be provided within the front yard setback or in the sidewalk along any facade facing a major arterial. Any trees located in the City right-of-way may require additional approval through the Department of Public Works and Utilities. Trees shall be spaced no less than three (3) trees per one hun- dred (100) linear feet of frontage. Trees placed in the sidewalk should be provided with street grates at the sidewalk level providing a continuous walking surface to within six (6) inches of the tree base. Where existing areaways or vaults prevent this form of planting, trees shall be planted in planters equipped with irrigation. All trees shall be of a species which allows pruning of lower branches in a manner necessary to keep the sidewalk clear of obstruction to a height of at least eight (8) feet. Trees shall have a minimum caliper of two and one-half (2-1/2) inches at the time of planting; (2) Surface parking lots, if they abut public sidewalks, shall provide a perimeter landscaping strip containing a combination of trees (with no fewer than three (3) trees per one hundred (100) linear feet of front- age) and shrubs. Masonry walls no lower than fifteen (15) inches nor higher than thirty (30) inches may be substituted for shrubs; and (3) For parking lots containing more than twenty (20) stalls, at least fifteen (15) percent of the interior area shall be planted with trees and shrubs. All trees shall have a minimum caliper of two and one-half (2-1/2) inches at the time of planting. Pedestrian walk- ways from adjacent sidewalks shall be provided. (d) Vegetation Preservation. The retention of existing and healthy trees and vegetation is important to help promote the utilization of natural systems, reduce the impacts of development on the storm drainage sys- tem and provide a better transition between various land uses within the City. The following provisions encour- age vegetation preservation as follows: (1) To the greatest extent possible existing healthy significant trees defined below shall be retained on site. Should a proposal include the removal of all or portions of a significant tree(s), a qualified arborcultur- alist or urban forester shall be retained by the applicant to inventory the tree(s) and make recommendations regarding the protection, retention, preservation or removal of the tree(s). A copy of the report and recom- mendations shall be submitted to the City as part of the application process. (2) Existing healthy trees and vegetation may substitute for newly required landscaping. Credit shall be granted tree for tree and area for area. In order to pro- mote the retention of existing significant trees during site development, each significant tree within the land- scaped area shall count as three (3) newly required trees. (3) Credit may be given by the Director at the time of site plan review for the preservation of signifi- cant tree(s) in exchange for the loss of a parking space. (4) Significant trees are defined as follows: (i) Evergreen Trees. Eight (8) inches in diameter or greater, measured four (4) feet above exist- ing grade; and (ii) Deciduous Trees. Twelve (12) inches in diameter or greater, measured four (4) feet above existing grade. (e) Planting Materials. Plants shall be selected based upon site-specific conditions which may affect plant growth such as sun exposure, soil types, shoreline conditions, adjacent site improvements, etc. New plant materials shall consist of drought-resistant species, or other species that are irrigated per the provisions of BMC 20.50.060(b)(4) or located in high moisture con- tent soils. Plant material selection shall be consistent with the list maintained by the American Association of Nurserymen (AAN). Plant materials shall also be coor- dinated with utility company requirements to avoid con- flicts. Unless otherwise specified within this chapter all required landscaping shall at a minimum meet the fol- lowing size requirements: (f) Plant Type and Size. Plants shall be sized according to the following: (1) Standard deciduous trees: one and one- half (1-1/2) inch to two (2) inch caliper. (Revised 5/19)20.50-4 20.50.060 (2) Small ornamental and flowering trees: one and one-half (1-1/2) inch to one and three-fourths (1- 3/4) inch caliper. (3) Evergreen trees: five (5) feet to six (6) feet in height. (4) Shrubs: minimum size one (1) gallon con- tainer. (5) Ground cover: minimum four (4) inch container. (g) Interruptions. Screening and buffering may be interrupted where necessary for access consistent with the general provisions of this chapter. (h) Safety. All fire hydrants are to be free of fences, hedges, and other landscaping obstacles. Shrubs eighteen (18) inches in height and less must not be placed closer than five (5) feet to a hydrant, and shrubs or trees larger than eighteen (18) inches must not be planted closer than twenty (20) feet to a hydrant. (i) Freestanding Signs. An area around the base of each freestanding sign equal to the sign area must be landscaped to improve the overall appearance of the sign and to reduce the risk of automobiles hitting the sign or supports of the sign. This landscaping must include vegetation and may include other materials and components such as brick or concrete bases, planter boxes, pole covers, or decorative framing. (j) Outdoor Storage. Unless provided for other- wise in this title, outdoor storage in all zones is limited to the minimum number of refuse containers necessary to support approved on-site uses. Dumpsters, refuse containers for commercial uses, and outdoor storage shall comply with the following criteria: (1) Be surrounded by a six (6) foot high solid wall or sight-obscuring fence. The wall or fence shall be considered a structure and shall conform to setbacks which may be required for building on street frontage. Outdoor storage of materials shall not exceed six (6) feet in height when visible from a public right-of-way. (2) Outdoor storage and refuse containers requiring screening in the GC, R-20, NB, and land use centers shall be screened with materials which are archi- tecturally similar to the primary structure. (3) Outdoor storage and refuse containers should not be located between a street and the front of the building, except in industrial zones. (k) Clear-Vision Triangle. A clear-vision area shall be maintained at the intersections of streets, alleys and commercial driveways, or combinations thereof as determined by the City Engineer with the following requirements: (1) A clear-vision area shall contain no plant- ings, fences, walls, other structures, or visual obstruc- tions within a vertical area extending from three (3) feet to eight (8) feet above the ground, measured from the established centerline of the street, alley or driveway; (2) The foregoing provision shall not apply to: (i) A tree trimmed to the trunk within the three (3) to eight (8) foot clear area; (ii) Other plant species that are so planted and trimmed as to leave a clear and unobstructed cross- view in all seasons; (iii) A supporting member or appurte- nance to a permanent building lawfully existing on the site; (3) Where the maximum setback conflicts with the clear-vision triangle, relief from the maximum setback may be granted thorough a Type I Director deci- sion. (Ord. 5364 §6, 2018: Ord. 5319 §8, 2017: Ord. 5301 §3 (Exh. B) (part), 2016: Ord. 5046 §4 (part), 2008: Ord. 5008 §6, 2007: Ord. 4971 §11, 2006; Ord. 4950 §8 (Exh. A) (part), 2005) 20.50.060 LANDSCAPING PLAN SUBMITTAL. A landscape plan shall accompany all land use applications, including permits for clearing, grading, and building. (a) A landscape plan shall be drawn to scale and shall indicate: (1) Project name, owner’s name, designer’s name, north arrow, date and scale; (2) Existing property lines, easements, rights- of-way, utilities, setbacks, trees, fences, and other screening and structures; (3) Existing and proposed grades of at least five (5) foot intervals; (4) Proposed plantings, identified by scien- tific or common name, and caliper, size, and minimum height of specimens to be planted. (b) A landscape plan shall provide assurances for the following: (1) Landscape areas consisting of drought- resistant vegetation will not require temporary or per- manent irrigation systems; (2) Areas where existing site conditions assure adequate soil moisture for growth within the required landscape area shall have temporary irrigation systems only as required to sustain new plantings; (3) Except for areas of undisturbed existing vegetation, all landscape areas that do not have high soil moisture conditions shall have temporary or permanent irrigation systems. Temporary systems may be removed after twenty-four (24) months or two (2) growing sea- sons, whichever occurs first; provided, that the plantings are established; (4) Permanent irrigation systems located within required landscape areas shall include the follow- ing features: (i) Moisture or precipitation sensors; 20.60-1 (Revised 5/19) Bremerton Municipal Code 20.60.040 Chapter 20.60 LOW DENSITY RESIDENTIAL (R-10) Sections: 20.60.010 INTENT. 20.60.020 PERMITTED USES. 20.60.030 ACCESSORY USES. 20.60.040 CONDITIONAL USES. 20.60.060 DEVELOPMENT STANDARDS. 20.60.065 ALLOWABLE DENSITY AND LOT AREA. 20.60.080 OFF-STREET PARKING REQUIREMENTS. 20.60.090 LANDSCAPING REQUIREMENTS. 20.60.100 SIGN STANDARDS. 20.60.010 INTENT. The intent of the low density residential (R-10) zon- ing district is to accommodate single-family housing by infilling at a range of lot sizes consistent with urban growth patterns. Some attached single-family housing, duplexes and townhouses may be appropriate when responding to sensitive areas or with innovative design. Residential development at higher densities is encour- aged at the edge of designated centers. (Ord. 5364 §12, 2018: Ord. 5301 §3 (Exh. B) (part), 2016: Ord. 4950 §8 (Exh. A) (part), 2005) 20.60.020 PERMITTED USES. Only one (1) principal use shall be allowed on each residentially zoned lot unless allowed for otherwise by law. This limitation shall not include permitted acces- sory uses associated with a permitted principal use. The following uses are permitted outright: (a) Cemetery; (b) Colocation of wireless communications per BMC 20.46.140; (c) Community facilities of twenty thousand (20,000) square feet gross floor area or less; (d) Day care facility of twelve (12) or fewer per- sons receiving care; (e) Education and schools (K-12) of twelve (12) or fewer students; (f) Foster home; (g) Group residential home; (h) Manufactured home per BMC 20.46.040; (i) Parks, playgrounds and open space equal or less than one-half (0.5) acre (twenty-one thousand seven hundred eighty (21,780) square feet); (j) Residential Uses. (1) Single-unit dwelling unit, detached; (2) Single-unit dwelling unit, attached (zero (0) lot lines) per BMC 20.60.060(b); (3) Duplex that meets BMC 20.60.060(f); (4) Townhouse that meets BMC 20.60.060(f); (k) Worship and religious facilities of twenty thousand (20,000) square feet gross floor area or less; (l) Incubator for business associated with a wor- ship and religious facility or community facility, pro- vided the following conditions are met: (1) The incubated business is a use that is per- mitted outright in the neighborhood business zone, BMC 20.82.020; (2) Landscaping and signage requirements of the neighborhood business zone, Chapter 20.82 BMC, shall be met; and (3) The parcel upon which the incubated busi- ness is situated shall have frontage on an arterial street. (Ord. 5364 §13, 2018: Ord. 5301 §3 (Exh. B) (part), 2016: Ord. 4977 §9, 2006: Ord. 4950 §8 (Exh. A) (part), 2005) 20.60.030 ACCESSORY USES. The following accessory uses may be permitted when found in connection with a principal use: (a) Attached or detached accessory dwelling unit per BMC 20.46.010; (b) Detached garage, carport, and parking facili- ties for the residents of the property; (c) Home occupation per BMC 20.46.030; (d) Other necessary and customary uses deter- mined by the Director to be appropriate, incidental and subordinate; (e) Playhouses, patios, cabanas, porches, gazebos, swimming pools and incidental household storage buildings. (Ord. 5301 §3 (Exh. B) (part), 2016: Ord. 4950 §8 (Exh. A) (part), 2005) 20.60.040 CONDITIONAL USES. The following uses may be permitted, provided a conditional use permit is approved pursuant to BMC 20.58.020 subject to the corresponding conditions: (a) Bed and breakfast, provided: (1) The operators of the business shall occupy the house as their primary residence; (2) No more than one (1) full-time equivalent (FTE) employee who is not a resident of the dwelling may be employed; (3) No more than six (6) bedrooms are made available for rent to guests and all guest rooms are con- tained within the principal structure; (4) Two (2) off-street parking spaces, plus one (1) off-street parking space per each guest bedroom, are required; (5) Off-street parking spaces may be reduced, provided the applicant can demonstrate parking will not (Revised 5/19)20.60-2 20.60.040 spill over into nearby residential properties and any streets; (6) Rooms shall not be made available to guests for more than fourteen (14) days during any thirty (30) day period; (7) No commercial receptions, parties, or other public gatherings, or serving of meals to nonresi- dent guests for compensation, are allowed; and (8) Any remodeling of the residential struc- ture shall maintain the residential nature of the structure and not alter the structure in such a manner that would prevent it from being used as a residence in the future. (b) Group residential facilities - Class I, provided: (1) All state licensing requirements are satis- fied; (2) Minimum setbacks, height and lot cover- age of the underlying zone shall apply; (3) Off-street parking shall be at a minimum of one (1) space per each employee during the peak shift, plus one (1) space per two (2) residents the facility will provide service to; (4) If counseling services are provided to non- residents, additional parking spaces are required at one (1) per three hundred (300) square feet of gross floor area used for counseling services; (5) The number of required off-street parking spaces may be reduced, provided the applicant can demonstrate that parking will not spill over into nearby residential properties and any streets; and (6) Landscaping is provided meeting the min- imum requirements for nonresidential uses prescribed in Chapter 20.50 BMC. Additional landscaping for screen- ing purposes may be required if it is found necessary to mitigate any impacts to adjoining residential properties. (c) Senior housing complex, provided the follow- ing conditions are satisfied: (1) Minimum site area shall be no less than two (2) acres; (2) Minimum setbacks, density, height and lot coverage of the underlying zone shall apply; (3) Off-street parking shall be a minimum one (1) space per dwelling; (4) Except for a community building/club- house for the exclusive use of complex residents, all accessory uses shall be located within a structure con- taining residential units; (5) Attached or detached structure types are permitted and dwelling units may be owned by individ- uals or occupied as rentals; (6) Access to alternative transportation such as public transit or on-site shuttle services to access daily goods or services shall be provided; and (7) A management agreement or covenants on individual properties to maintain the complex as a senior citizen complex shall be recorded with the Kitsap County Auditor’s office. (d) Nursing/convalescent homes, provided: (1) All state licensing requirements are satis- fied; (2) Minimum site area shall be no less than one (1) acre; (3) Minimum setbacks, height and lot cover- age of the underlying zone shall apply; (4) Off-street parking shall be a minimum of one (1) space per six hundred (600) square feet of gross floor area; (5) The number of required off-street parking spaces may be reduced, provided the applicant can demonstrate that parking will not spill over into nearby residential properties and any streets; and (6) Landscaping is provided meeting the min- imum requirements for nonresidential uses prescribed in Chapter 20.50 BMC. Additional landscaping for screen- ing purposes may be required if it is found necessary to mitigate any impacts to adjoining residential properties. (e) Day care facilities (thirteen (13) or more per- sons receiving care), provided: (1) All state licensing requirements are satis- fied; (2) Off-street parking shall be a minimum one (1) space per each five (5) children based on the state license maximum occupancy load; (3) One (1) loading/unloading space without backup is required for the first twenty (20) children and one (1) additional space for up to each additional twenty (20) children; (4) The number of required off-street parking spaces may be reduced, provided the applicant can demonstrate that parking will not spill over into nearby residential properties and any streets; (5) Landscaping is provided meeting the min- imum requirements for nonresidential uses prescribed in Chapter 20.50 BMC. Additional landscaping for screen- ing purposes may be required if it is found necessary to mitigate any impacts to adjoining residential properties; and (6) The maximum height of a fence or wall within a front yard setback may be increased up to six (6) feet, provided it enhances safety and security of an outdoor play area. (f) Adaptive reuse of commercial buildings, pro- vided the conditions set forth in BMC 20.46.070 are sat- isfied. (g) Manufactured home park or expansion of existing parks, provided: (1) It is exempt pursuant to RCW 58.17.040 from requirements for property segregation; 20.60-3 (Revised 5/19) Bremerton Municipal Code 20.60.040 (2) The minimum site size shall be five (5) acres; (3) Density shall meet the underlying zone; (4) Adequate water, sewer, and utility ser- vices are available to all building sites; (5) A fire protection system meeting the requirements of the City Fire Marshal is provided; (6) Interior circulation shall meet the City Engineer road standards plus the following standards: (i) All interior circulation routes shall be constructed within a tract or easement; (ii) Roads and driveways shall be paved; (iii) The City Fire Marshal and City Engi- neer shall approve all fire turnarounds; (7) The following setbacks shall apply to manufactured homes or mobile homes, together with their additions and appurtenant structures, accessory structures, and other structures on the site (excluding fences), excluding any hitch or towing fixture: (i) From interior roads, at least fifteen (15) feet from centerline of the tract or easement, but in no case shall the setback be less than five (5) feet from the paved surfaced edge; (ii) Structures near the perimeter lot lines of the property shall comply with the setbacks of the underlying zone; (iii) A minimum of ten (10) foot separa- tion between all manufactured homes; (8) Off-street parking spaces shall be pro- vided in the following manner: (i) One (1) parking space per home site; plus (ii) One (1) parking space for each five (5) home sites for guest parking; plus (iii) Additional parking spaces to provide for the parking needs of offices, community buildings, recreational facilities, or other uses within the park that may be used by park residents or others; (9) Outside storage of vessels (boats), house- hold items and equipment is prohibited, except a com- mon central storage area may be provided for residents of the park. The storage area shall be screened by a min- imum five (5) foot high by five (5) foot wide sight- obscuring barrier consisting of landscaping and fencing or wall, and shall meet minimum setbacks of the under- lying zone; (10)Ten (10) percent of the site shall be main- tained as common recreational open space for the use of residents and: (i) May include community areas and facilities such as playgrounds, swimming pools, and hobby and craft shops; (ii) However, it shall not include required landscaping areas, perimeter setback areas, parking areas, storage areas, building separation areas or other areas deemed impractical by the Director for the recre- ational enjoyment of the residents; (11)Trees meeting the standards set forth in Chapter 20.50 BMC shall be provided along all property lines abutting a residential zone and public streets. Exceptions for trees may be allowed when a property line abuts an alley or is obstructed by a building or other structure; (12)Adequate lighting to illuminate streets, driveways, and walkways for the safe movement of pedestrians and vehicles is required; and (13)All water, sewer, electrical, and communi- cation service lines shall be underground. (h) Worship, religious, and community facilities greater than twenty thousand (20,000) square feet, pro- vided: (1) The site area shall be one (1) acre or more; and (2) Landscaping is provided meeting the min- imum requirements for nonresidential uses prescribed in Chapter 20.50 BMC. Additional landscaping for screen- ing purposes may be required if it is found necessary to mitigate any impacts to adjoining residential properties. (i) Golf course, provided: (1) A site plan review and a site development permit are approved pursuant to Chapter 20.58 BMC; (2) Through the conditional use permit, mod- ifications to parking and landscaping may be allowed in order to facilitate good design; (3) Other conditions are applied as deemed necessary to mitigate impacts to nearby residential prop- erties and ensure compatibility with the neighborhood. (j) Schools, parks and associated uses may be approved in accordance with the following: (1) The following uses are permitted through approval of a conditional use permit: (i) All public schools and associated gymnasiums and auditoriums; (ii) Private schools (K-12) with thirteen (13) or more students; (iii) Parks and playgrounds greater than one-half (1/2) acre; (iv) Outdoor athletic fields; (v) Boat launching and related facilities; (vi) Maintenance and service yards; (vii)Bus and other vehicle and equipment maintenance and storage facilities; (viii)Administrative office related to the facilities greater than two thousand (2,000) square feet gross floor area; (Revised 5/19)20.60-4 20.60.060 (ix) Buildings and structures for nonprofit groups on public lands; (2) Uses permitted pursuant to subsection (j)(1) of this section shall be subject to complying with the following conditions: (i) Front, side and rear yard setbacks of structures and outdoor storage areas shall be at least thirty (30) feet; (ii) Setbacks may be reduced for those portions of a structure fronting interior streets; (iii) The maximum height for any new construction may be increased to match the architecture of existing buildings; provided, that it is set back an additional foot from any property line for each addi- tional foot of allowed height, and in no case shall the new construction exceed forty-five (45) feet; (iv) Landscaping is provided meeting the minimum requirements for nonresidential uses pre- scribed in Chapter 20.50 BMC. Additional landscaping for screening purposes may be required if it is found necessary to mitigate any impacts to adjoining residen- tial properties; (v) Additional measures may be required if deemed necessary to mitigate any noise impacts to adjacent residential uses; and (vi) The maximum height of a fence or wall within a front yard setback may be increased to six (6) feet, provided it enhances safety and security around an outdoor play area. (k) Public utility facilities located above ground, provided: (1) Landscaping is provided meeting the min- imum requirements for nonresidential uses prescribed in Chapter 20.50 BMC. Additional landscaping for screen- ing purposes may be required if it is found necessary to mitigate any impacts to adjoining residential properties; (2) The maximum height of a fence or wall may be increased within a front yard setback that will provide screening from adjacent uses and enhance safety and security around the facility; and (3) Exceptions to setbacks may be allowed if the applicant can demonstrate that the public interest is better served by allowing the modification. (l) Law enforcement and fire facilities, provided: (1) Landscaping is provided meeting the min- imum requirements for nonresidential uses prescribed in Chapter 20.50 BMC. Additional landscaping for screen- ing purposes may be required if it is found necessary to mitigate any impacts to adjoining residential properties. (2) The maximum height of a fence or wall may be increased within a front yard setback that will provide screening from adjacent uses and enhance safety and security around the facility. (m) Mineral resource extraction per BMC 20.46.080, provided: (1) The site is located within a mineral resource overlay. (Ord. 5301 §3 (Exh. B) (part), 2016: Ord. 5111 §3, 2010: Ord. 4977 §10, 2006: Ord. 4971 §15, 2006; Ord. 4950 §8 (Exh. A) (part), 2005) 20.60.060 DEVELOPMENT STANDARDS. (a) Lot Standards. Lot development requirements shall be in accordance with this section and the follow- ing standards unless allowed for by law otherwise: (1) Setbacks. (i) Minimum front yard setback is fifteen (15) feet; (ii) Minimum side yard setback is five (5) feet; (iii) Minimum rear yard setback is fifteen (15) feet. (2) Maximum structure height is thirty-five (35) feet. (3) Maximum structure height in (R-10) areas within the downtown regional center shall be pursuant to Figure 20.74(a) and shall supersede subsection (a)(2) of this section. (4) Minimum lot width is thirty (30) feet. (5) Maximum development coverage is sixty (60) percent. (b) Zero (0) Lot Line (ZLL) Development. An attached single-family dwelling and/or garage structure may have a single shared side or rear lot line, and a set- back reduced to zero (0), provided the structure com- plies with building code fire separation requirements. (c) Accessory Structures. The following standards shall apply but are not limited to: garages, carports, shops, barns, covered patios, cabanas, gazebos, and inci- dental household storage buildings, excluding accessory dwelling units per BMC 20.46.010 and structures not requiring a building permit: (1) The maximum area for all accessory struc- tures shall be eighty (80) percent of the principal resi- dential use not to exceed one thousand two hundred (1,200) square feet. (2) Setbacks of detached accessory structures are pursuant to BMC 20.44.060. (d) Garages, Storage Buildings and Shops. (1) Any garage, storage building or shop structure shall be designed so that the appearance of the building remains that of a single-family residence including the following: (i) Constructed of similar materials as the principal unit; (ii) A roof of equal or greater pitch as the principal unit; 20.60-5 (Revised 5/19) Bremerton Municipal Code 20.60.100 (iii) A height no more than twenty-five (25) percent greater than the principal unit not to exceed thirty-five (35) feet. (2) Any garage, storage building, or shop may be exempt from the accessory structure size require- ments provided it is contained within the principal unit. (3) Garage, Carport, and Shop Vehicle Entrance Setbacks. When the vehicle entrance faces the street, the garage, carport, or shop shall have a front yard setback of at least twenty (20) feet, except as provided in BMC 20.44.020 (Traditional front yard). (e) Lot Area for Parks and Schools. Parks and schools may exceed maximum lot area requirements if approved by a conditional use permit. (f) A duplex or townhouse may only be permitted as follows: (1) The underlying density of the zone is met; and (2) Within five hundred (500) feet of a com- mercial district or center. (Ord. 5364 §14, 2018: Ord. 5301 §3 (Exh. B) (part), 2016: Ord. 5008 §7, 2007: Ord. 4950 §8 (Exh. A) (part), 2005) 20.60.065 ALLOWABLE DENSITY AND LOT AREA. The purpose of this section is to establish compati- ble levels of density within existing neighborhoods. The intent is to allow infill residential development. The fol- lowing density and lot area standards are applicable to development within the zone: (a) Minimum Density. The minimum required density is five (5) dwellings per acre. (b) Maximum Density. The maximum allowed density is ten (10) dwellings per acre. (c) Maximum Lot Area. The maximum lot area is eight thousand seven hundred twelve (8,712) square feet, with the following exceptions: (1) The lot area may be modified through the approval of a residential cluster development pursuant to BMC 20.58.060; (2) One (1) lot within a proposal for a division of land may exceed eight thousand seven hundred twelve (8,712) square feet, provided the remaining lots do not exceed the eight thousand seven hundred twelve (8,712) square foot maximum lot size; and (3) A flag lot that complies with the require- ments in BMC 20.44.100 may exceed eight thousand seven hundred twelve (8,712) square feet, provided the total area of the flag lot does not exceed thirteen thou- sand sixty-eight (13,068) square feet. (d) Minimum Lot Area. The minimum allowed lot area is four thousand three hundred (4,300) square feet. (e) Exception to Minimum Lot Areas. (1) The minimum lot area may be modified through the approval of a residential cluster develop- ment pursuant to BMC 20.58.060, provided the devel- opment complies with the maximum density requirement set forth in subsection (b) of this section. (Ord. 5301 §3 (Exh. B) (part), 2016: Ord. 5008 §8, 2007: Ord. 4972 §1, 2006; Ord. 4971 §16, 2006: Ord. 4950 §8 (Exh. A) (part), 2005) 20.60.080 OFF-STREET PARKING REQUIREMENTS. Off-street parking shall be provided in accordance with the requirements set forth in Chapter 20.48 BMC. (Ord. 5301 §3 (Exh. B) (part), 2016: Ord. 4950 §8 (Exh. A) (part), 2005) 20.60.090 LANDSCAPING REQUIREMENTS. Landscaping shall be provided in accordance with the requirements set forth in Chapter 20.50 BMC. (Ord. 5301 §3 (Exh. B) (part), 2016: Ord. 4950 §8 (Exh. A) (part), 2005) 20.60.100 SIGN STANDARDS. Signs shall meet the standards of Chapter 20.52 BMC and the following: (a) One (1) sign with a sign area of up to eight (8) square feet may be allowed to advertise a permitted bed and breakfast, provided it matches the architectural fea- tures of the primary residence. (b) For a home occupation sign, the residential dis- trict sign regulations in BMC 20.52.120 shall apply. (c) When an established business use is located in the low density residential zone, the special purpose sign regulations in BMC 20.52.130 shall apply. (Ord. 5301 §3 (Exh. B) (part), 2016: Ord. 5008 §9, 2007: Ord. 4971 §17, 2006; Ord. 4950 §8 (Exh. A) (part), 2005) 20.62-1 (Revised 5/19) Bremerton Municipal Code 20.62.040 Chapter 20.62 GENERAL COMMERCIAL (GC) Sections: 20.62.010 INTENT. 20.62.020 PERMITTED USES. 20.62.040 CONDITIONAL USES. 20.62.060 DEVELOPMENT STANDARDS. 20.62.070 DESIGN STANDARDS. 20.62.080 PARKING REQUIREMENTS. 20.62.090 LANDSCAPING REQUIREMENTS. 20.62.100 SIGN STANDARDS. 20.62.010 INTENT. The intent of the general commercial (GC) district is to provide locations for high intensity commercial uses serving the entire community while preserving views, forested areas, and buffering impacts to adjacent residential areas. The corridor accommodates access to businesses by automobile while also creating a pedes- trian-friendly, transit-supporting corridor. (Ord. 5301 §3 (Exh. B) (part), 2016: Ord. 4950 §8 (Exh. A) (part), 2005) 20.62.020 PERMITTED USES. The following uses are permitted outright: (a) Automobile service and repair; (b) Co-location of wireless communications facil- ities per BMC 20.46.140; (c) Community facility; (d) Day care; (e) Drinking place; (f) Education and school; (g) Entertainment use; (h) Finance, insurance and real estate; (i) Fully enclosed boat storage; (j) General office and business service; (k) General retail; (l) Hospital; (m) Hotel and lodging place; (n) Medical office and clinic; (o) Museum and gallery; (p) Park, playground, and open space; (q) Personal service; (r) Physical fitness and health club; (s) Public administration use; (t) Residential of all types except group residen- tial facility - Class II; (u) Restaurant; (v) Senior housing complex; (w) Transportation facility; (x) Veterinary clinic. (Ord. 5326 §7, 2017: Ord. 5319 §10, 2017: Ord. 5301 §3 (Exh. B) (part), 2016: Ord. 5008 §10, 2007: Ord. 4950 §8 (Exh. A) (part), 2005) 20.62.040 CONDITIONAL USES. The following uses may be permitted provided a conditional use permit is approved pursuant to BMC 20.58.020: (a) Hardware and materials supply stores includ- ing garden supply, provided: (1) The structure(s) is less than twenty thou- sand (20,000) square feet of gross floor area; (2) Outdoor storage and product display shall be screened from view by a solid fence or wall; (3) No loading areas shall be located in a front yard or side yard abutting or located across from a resi- dentially zoned property; and (4) Outside storage is limited to five thousand (5,000) square feet. (b) Gas stations and car washes, provided: (1) No more than two (2) points of ingress/egress are allowed per street frontage. Ingress/egress points shall be separated in accordance with City engineering requirements. (2) Buffering is provided pursuant to BMC 20.50.050, and in addition, trees at least ten (10) feet in height of two (2) inch caliper, measured four (4) feet above ground at time of planting and/or construction shall be included at intervals not greater than fifteen (15) feet. (c) Dry storage of marine vessels commonly referred to as dry stacking, provided: (1) Located along Pennsylvania or Thompson Avenue; (2) The maximum height of dry stacking may not exceed fifty (50) feet; and (3) The dry stacking facility will not substan- tially obscure existing views to the water from existing residences. (d) Light industrial/manufacturing, excluding marijuana production or processing for distribution, provided: (1) The applicant can demonstrate that the use will not significantly detract from the visual character of the neighborhood; (2) Building Design. All structures shall have the appearance of a multistory building that emulates a commercial office or multifamily structure; (3) Development/Design Standards. Must meet all the development and design criteria in BMC 20.62.060 and 20.62.070; (Revised 5/19)20.62-2 20.62.060 (4) No odor, dust or smoke byproduct will be detectable off site and the use meets the noise provisions of Chapter 6.32 BMC; (5) Light sources, both direct and nondirect, shall be selected and placed so that glare produced by any light source does not extend beyond the property lines, except onto adjacent sidewalks; and (6) Mini-storage facilities are allowed pro- vided: (i) Site Design. All storage units shall gain access from the interior of the site. Doors for the storage units may not face the public right-of-way with the exception of alleys; (ii) Outdoor Storage. Storage of boats, RVs, vehicles, etc., or storage of outdoor pods or ship- ping containers are considered outdoor storage subject to BMC 20.62.070(b); (iii) Hours of Operation. Mini-storage facilities located adjacent to a residential zone shall not operate or allow tenant access between the hours of 10:00 p.m. and 7:00 a.m.; and (iv) Uses. Each storage unit shall be used for storage only. No commercial or manufacturing activities, vehicle repair or services, or related activities, whether for business or personal purposes, are permitted in any storage unit. (Ord. 5301 §3 (Exh. B) (part), 2016: Ord. 4950 §8 (Exh. A) (part), 2005) 20.62.060 DEVELOPMENT STANDARDS. (a) Lot development shall be in accordance with the following standards, unless allowed for otherwise by law: (1) Maximum front yard setback: ten (10) feet. At least sixty-five (65) percent of the building’s front facade must meet the maximum front yard setback. The setback may be increased if the Director finds that such increase is the minimum necessary to facilitate a superior site design. In order to obtain approval for an increased setback, the applicant shall submit a written analysis establishing how the project facilitates superior site design, is the minimum necessary, is consistent with specific goals and policies within the Comprehensive Plan, and is compliant with all applicable sections of the BMC. The following list identifies examples of circum- stances where increased setbacks may be found to be appropriate: (i) When the site includes more than one (1) street frontage; (ii) To accommodate existing topogra- phy, utilities, or other physical site constraints that make compliance with the setback infeasible; (iii) To accommodate phasing of infill development; (iv) On sites that are significantly devel- oped with existing legally established nonconforming uses or structures whereby strict code compliance will not facilitate effective circulation; or (v) For projects that in the opinion of the Director provide enhanced public amenities within the setback area which include, but are not limited to, the following: public plazas, increased landscaping, archi- tectural features, improved pedestrian connections. (2) Minimum side yard setback: zero (0) except when adjacent to the low or medium density res- idential zones where a ten (10) to twenty (20) foot visual screen is required pursuant to BMC 20.50.050(b). (3) Minimum rear yard setback: zero (0), except when adjacent to the low or medium density res- idential zones where a ten (10) to twenty (20) foot visual screen is required pursuant to BMC 20.50.050(b). (4) No residential density requirements; pro- vided, that: (i) Site design provides for internal cir- culation connections for both pedestrians and vehicles between all portions of the site; (ii) Landscaping and/or screening adja- cent to residential zones shall be provided per BMC 20.50.040(c). (5) Maximum building coverage: fifty (50) percent unless increased per subsection (b) of this sec- tion. In no case shall maximum lot coverage exceed sev- enty-five (75) percent. (6) Maximum development coverage is sev- enty-five (75) percent unless increased per subsection (b) of this section. In no case shall maximum lot cover- age exceed ninety-five (95) percent. (7) Maximum height: forty-five (45) feet, except that structures within one hundred (100) feet of the low or medium density residential zones shall not exceed thirty-five (35) feet in height. (8) Maximum building heights within the downtown regional center are pursuant to the Down- town Subarea Plan and shall supersede subsection (a)(7) of this section. (b) A development that provides the following may have its maximum development and lot coverage increased by adding bonus percentages to the maximum base area percentage, provided the total does not exceed the maximum allowed above: (1) Commercial/residential mixed use devel- opment: twenty (20) percent bonus; (2) Development containing seventy-five (75) percent of the building footprint with three (3) and four (4) story buildings: ten (10) percent bonus; (3) Ten (10) percent bonus if a sidewalk ten (10) feet in width or greater is installed extending to the 20.62-3 (Revised 5/19) Bremerton Municipal Code 20.62.080 front of the building and continuing along the entire arterial frontage of the parcel; (4) Pedestrian through-corridor that provides pedestrian access to a location approved by the Director: five (5) percent bonus; (5) Fifty (50) percent of off-street parking is provided underground or within a building designed for occupancy: twenty (20) percent bonus. (Ord. 5364 §15, 2018: Ord. 5301 §3 (Exh. B) (part), 2016: Ord. 5222 §6, 2013; Ord. 5046 §7, 2008; Ord. 5008 §11, 2007: Ord. 4950 §8 (Exh. A) (part), 2005) 20.62.070 DESIGN STANDARDS. The following design standards shall be applied to all new structures and redeveloped structures. Residen- tial development of three (3) units or fewer are 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- 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. (b) Secondary Design Features. Three (3) second- ary 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. 5319 §11, 2017: Ord. 5301 §3 (Exh. B) (part), 2016: Ord. 5046 §8, 2008: Ord. 4950 §8 (Exh. A) (part), 2005) 20.62.080 PARKING REQUIREMENTS. On-site parking shall be provided in accordance with Chapter 20.48 BMC, and the following standards shall be met: (a) On-site parking shall be to the rear or to the side of buildings on the site and shall not occupy more than fifty (50) percent of the site frontage facing the arterial street frontage(s). The site frontage includes all of the area between the right-of-way and front building wall which applies to the entire length of the property regardless of building width. Corner lots have two (2) site frontages as they are positioned on two (2) street frontages. (b) All efforts shall be taken to avoid installing parking on street corners. Parking located between the (Revised 5/19)20.62-4 20.62.090 building frontage and street corners shall be fully screened. Screening shall consist of the following: (1) A four (4) foot tall decorative wall within the front yard landscaping area that fully screens the parking areas. The wall shall be located such that it blocks views of the parking from the right-of-way. For long spans of frontage (one hundred (100) feet or more), the wall shall include modular articulation to add archi- tectural variety. (2) Shrubs or other alternative materials may be substituted for the wall, provided it is demonstrated that the shrubs/alternative will provide equal to or better visual screening than the wall. Shrubs shall be a mini- mum of three (3) feet tall at time of installation and shall be additional to the landscaping required in Chapter 20.50 BMC. (3) Openings may be required within a wall section in order to provide a sidewalk from the right-of- way to the building entry. The entry shall be the mini- mum necessary to accommodate a sidewalk that is a minimum of five (5) feet in width, clearly marked, and distinguished from driving surfaces by using decorative paving, stamped/stained concrete, or raised walkways with alternative materials (such as brick, cobblestone, decorative pavers). Paint striping does not meet this requirement. (c) Access to parking may be from adjacent non- principal arterial streets, or from driveways off of the principal arterial. (d) Driveways providing access to parking area shall be well marked. (Ord. 5301 §3 (Exh. B) (part), 2016: Ord. 5222 §7, 2013: Ord. 4950 §8 (Exh. A) (part), 2005) 20.62.090 LANDSCAPING REQUIREMENTS. The landscaping requirements set forth in Chapter 20.50 BMC shall be satisfied. (Ord. 5301 §3 (Exh. B) (part), 2016: Ord. 5046 §9, 2008: Ord. 4950 §8 (Exh. A) (part), 2005) 20.62.100 SIGN STANDARDS. Signage shall meet the standards of Chapter 20.52 BMC. For freestanding signs, the maximum size and height standards of Figure 20.52(a) shall apply. (Ord. 5301 §3 (Exh. B) (part), 2016: Ord. 4950 §8 (Exh. A) (part), 2005) 20.70-1 (Revised 5/19) Bremerton Municipal Code 20.70.060 Chapter 20.70 DISTRICT CENTER CORE (DCC) Sections: 20.70.010 INTENT. 20.70.020 OUTRIGHT PERMITTED USES. 20.70.060 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) 20.70.060 DEVELOPMENT STANDARDS. Lot development shall be in accordance with the following unless allowed for otherwise by law: (a) Maximum front yard setback: ten (10) feet. At least sixty-five (65) percent of a building’s front facade shall meet the maximum front yard setback. The setback may be increased if the Director finds that such increase is the minimum necessary to facilitate a superior site design. In order to obtain approval for an increased set- back, the applicant shall submit a written analysis estab- lishing how the project facilitates superior site design, is the minimum necessary, is consistent with specific goals and policies within the Comprehensive Plan, and is compliant with all applicable sections of the BMC. The following list identifies examples of circumstances where increased setbacks may be found to be appropri- ate: (1) When the site includes more than one (1) street frontage; (2) To accommodate existing topography, utilities, or other physical site constraints that make compliance with the setback infeasible; (3) To accommodate phasing of infill devel- opment; (4) On sites that are significantly developed with existing legally established nonconforming uses or structures whereby strict code compliance will not facil- itate effective circulation; or (5) For projects that in the opinion of the Director provide enhanced public amenities within the setback area which include, but are not limited to, the following: public plazas, increased landscaping, archi- tectural features, improved pedestrian connections. (b) Side yard setback: zero (0) except when adja- cent to the low or medium density residential zones 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 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: (Revised 5/19)20.70-2 20.70.070 (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. 5364 §7, 2018: 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- 20.78-1 (Revised 5/19) Bremerton Municipal Code 20.78.040 Chapter 20.78 MEDIUM DENSITY RESIDENTIAL (R-18) Sections: 20.78.010 INTENT. 20.78.020 OUTRIGHT PERMITTED USES. 20.78.030 ACCESSORY USES. 20.78.040 CONDITIONAL USES. 20.78.060 DEVELOPMENT STANDARDS. 20.78.065 ALLOWABLE DENSITY AND LOT AREA. 20.78.080 OFF-STREET PARKING REQUIREMENTS. 20.78.090 LANDSCAPING REQUIREMENTS. 20.78.100 SIGN STANDARDS. 20.78.010 INTENT. The intent of the medium density residential (R-18) zoning district is to accommodate single-family housing and existing medium density-type development, and encourage redevelopment opportunities by permitting a wider variety of housing types. Consistency throughout the neighborhoods between low density residential (R- 10) and medium density residential shall be imple- mented. (Ord. 5364 §8, 2018: Ord. 5301 §3 (Exh. B) (part), 2016) 20.78.020 OUTRIGHT PERMITTED USES. Only one (1) principal use shall be allowed on each residentially zoned lot unless allowed for otherwise by law. This limitation shall not include permitted acces- sory uses associated with a permitted principal use. The following uses are permitted outright: (a) Cemetery; (b) Co-location of wireless communications per BMC 20.46.140; (c) Community facilities of twenty thousand (20,000) square feet gross floor area or less; (d) Day care facility of twelve (12) or fewer per- sons receiving care; (e) Education and schools (K-12) of twelve (12) or fewer students; (f) Foster home; (g) Group residential home; (h) Manufactured home per BMC 20.46.040; (i) Parks, playgrounds and open space equal or less than one-half (1/2) acre (twenty-one thousand seven hundred eighty (21,780) square feet); (j) Residential Uses. (1) Single-unit dwelling unit, detached; (2) Single-unit dwelling unit, attached (zero (0) lot lines) per BMC 20.78.060(b); (3) Duplexes (meeting underlying zoning density); (4) Townhouse (meeting underlying zoning density); (k) Worship and religious facilities of twenty thousand (20,000) square feet gross floor area or less; (l) Incubator for business associated with a wor- ship and religious facility or community facility, pro- vided the following conditions are met: (1) The incubated business is a use that is per- mitted outright in the neighborhood business zone, BMC 20.82.020; (2) Landscaping and signage requirements of the neighborhood business zone, Chapter 20.82 BMC, shall be met; and (3) The parcel upon which the incubated busi- ness is situated shall have frontage on an arterial street. (Ord. 5301 §3 (Exh. B) (part), 2016) 20.78.030 ACCESSORY USES. The following accessory uses may be permitted when found in connection with a principal use: (a) Attached or detached accessory dwelling unit per BMC 20.46.010; (b) Detached garage, carport, and parking facili- ties for the residents of the property; (c) Home occupation per BMC 20.46.030; (d) Other necessary and customary uses deter- mined by the Director to be appropriate, incidental and subordinate; (e) Playhouses, patios, cabanas, porches, gazebos, swimming pools and incidental household storage buildings. (Ord. 5301 §3 (Exh. B) (part), 2016) 20.78.040 CONDITIONAL USES. The following uses may be permitted, provided a conditional use permit is approved pursuant to BMC 20.58.020 subject to the corresponding conditions: (a) Bed and breakfast, provided: (1) The operators of the business shall occupy the house as their primary residence; (2) No more than one (1) full-time equivalent (FTE) employee who is not a resident of the dwelling may be employed; (3) No more than six (6) bedrooms are made available for rent to guests and all guest rooms are con- tained within the principal structure; (4) Two (2) off-street parking spaces, plus one (1) off-street parking space per each guest bedroom, are required; (5) Off-street parking spaces may be reduced, provided the applicant can demonstrate parking will not spill over into nearby residential properties and any streets; (Revised 5/19)20.78-2 20.78.040 (6) Rooms shall not be made available to guests for more than fourteen (14) days during any thirty (30) day period; (7) No commercial receptions, parties, or other public gatherings, or serving of meals to nonresi- dent guests for compensation, are allowed; and (8) Any remodeling of the residential struc- ture shall maintain the residential nature of the structure and not alter the structure in such a manner that would prevent it from being used as a residence in the future. (b) Group residential facilities - Class I, provided: (1) All state licensing requirements are satis- fied; (2) Minimum setbacks, height and lot cover- age of the underlying zone shall apply; (3) Off-street parking shall be at a minimum of one (1) space per each employee during the peak shift, plus one (1) space per two (2) residents the facility will provide service to; (4) If counseling services are provided to non- residents, additional parking spaces are required at one (1) per three hundred (300) square feet of gross floor area used for counseling services; (5) The number of required off-street parking spaces may be reduced, provided the applicant can demonstrate that parking will not spill over into nearby residential properties and any streets; and (6) Landscaping is provided meeting the min- imum requirements for nonresidential uses prescribed in Chapter 20.50 BMC. Additional landscaping for screen- ing purposes may be required if it is found necessary to mitigate any impacts to adjoining residential properties. (c) Senior housing complex, provided the follow- ing conditions are satisfied: (1) Minimum site area shall be no less than two (2) acres; (2) Minimum setbacks, density, height and lot coverage of the underlying zone shall apply; (3) Off-street parking shall be a minimum one (1) space per dwelling; (4) Except for a community building/club- house for the exclusive use of complex residents, all accessory uses shall be located within a structure con- taining residential units; (5) Attached or detached structure types are permitted and dwelling units may be owned by individ- uals or occupied as rentals; (6) Access to alternative transportation such as public transit or on-site shuttle services to access daily goods or services shall be provided; and (7) A management agreement or covenants on individual properties to maintain the complex as a senior citizen complex shall be recorded with the Kitsap County Auditor’s office. (d) Nursing/convalescent homes, provided: (1) All state licensing requirements are satis- fied; (2) Minimum site area shall be no less than one (1) acre; (3) Minimum setbacks, height and lot cover- age of the underlying zone shall apply; (4) Off-street parking shall be a minimum of one (1) space per six hundred (600) square feet of gross floor area; (5) The number of required off-street parking spaces may be reduced, provided the applicant can demonstrate that parking will not spill over into nearby residential properties and any streets; and (6) Landscaping is provided meeting the min- imum requirements for nonresidential uses prescribed in Chapter 20.50 BMC. Additional landscaping for screen- ing purposes may be required if it is found necessary to mitigate any impacts to adjoining residential properties. (e) Day care facilities (thirteen (13) or more per- sons receiving care), provided: (1) All state licensing requirements are satis- fied; (2) Off-street parking shall be a minimum one (1) space per each five (5) children based on the state license maximum occupancy load; (3) One (1) loading/unloading space without backup is required for the first twenty (20) children and one (1) additional space for up to each additional twenty (20) children; (4) The number of required off-street parking spaces may be reduced, provided the applicant can demonstrate that parking will not spill over into nearby residential properties and any streets; (5) Landscaping is provided meeting the min- imum requirements for nonresidential uses prescribed in Chapter 20.50 BMC. Additional landscaping for screen- ing purposes may be required if it is found necessary to mitigate any impacts to adjoining residential properties; and (6) The maximum height of a fence or wall within a front yard setback may be increased up to six (6) feet, provided it enhances safety and security of an outdoor play area. (f) Adaptive reuse of commercial buildings, pro- vided the conditions set forth in BMC 20.46.070 are sat- isfied. (g) Worship, religious, and community facilities greater than twenty thousand (20,000) square feet, pro- vided: (1) The site area shall be one (1) acre or more; and (2) Landscaping is provided meeting the min- imum requirements for nonresidential uses prescribed in 20.78-3 (Revised 5/19) Bremerton Municipal Code 20.78.060 Chapter 20.50 BMC. Additional landscaping for screen- ing purposes may be required if it is found necessary to mitigate any impacts to adjoining residential properties. (h) Golf course, provided: (1) A site plan review and a site development permit are approved pursuant to Chapter 20.58 BMC; (2) Through the conditional use permit, mod- ifications to parking and landscaping may be allowed in order to facilitate good design; (3) Other conditions are applied as deemed necessary to mitigate impacts to nearby residential prop- erties and ensure compatibility with the neighborhood. (i) Schools, parks and associated uses may be approved in accordance with the following: (1) The following uses are permitted through approval of a conditional use permit: (i) All public schools and associated gymnasiums and auditoriums; (ii) Private schools (K-12) with thirteen (13) or more students; (iii) Parks and playgrounds greater than one-half (1/2) acre; (iv) Outdoor athletic fields; (v) Boat launching and related facilities; (vi) Maintenance and service yards; (vii)Bus and other vehicle and equipment maintenance and storage facilities; (viii)Administrative office related to the facilities greater than two thousand (2,000) square feet gross floor area; (ix) Buildings and structures for nonprofit groups on public lands; (2) Uses permitted pursuant to subsection (j)(1) of this section shall be subject to complying with the following conditions: (i) Front, side and rear yard setbacks of structures and outdoor storage areas shall be at least thirty (30) feet; (ii) Setbacks may be reduced for those portions of a structure fronting interior streets; (iii) The maximum height for any new construction may be increased to match the architecture of existing buildings; provided, that it is set back an additional foot from any property line for each addi- tional foot of allowed height, and in no case shall the new construction exceed forty-five (45) feet; (iv) Landscaping is provided meeting the minimum requirements for nonresidential uses pre- scribed in Chapter 20.50 BMC. Additional landscaping for screening purposes may be required if it is found necessary to mitigate any impacts to adjoining residen- tial properties; (v) Additional measures may be required if deemed necessary to mitigate any noise impacts to adjacent residential uses; and (vi) The maximum height of a fence or wall within a front yard setback may be increased to six (6) feet, provided it enhances safety and security around an outdoor play area. (j) Public utility facilities located above ground, provided: (1) Landscaping is provided meeting the min- imum requirements for nonresidential uses prescribed in Chapter 20.50 BMC. Additional landscaping for screen- ing purposes may be required if it is found necessary to mitigate any impacts to adjoining residential properties; (2) The maximum height of a fence or wall may be increased within a front yard setback that will provide screening from adjacent uses and enhance safety and security around the facility; and (3) Exceptions to setbacks may be allowed if the applicant can demonstrate that the public interest is better served by allowing the modification. (k) Law enforcement and fire facilities, provided: (1) Landscaping is provided meeting the min- imum requirements for nonresidential uses prescribed in Chapter 20.50 BMC. Additional landscaping for screen- ing purposes may be required if it is found necessary to mitigate any impacts to adjoining residential properties. (2) The maximum height of a fence or wall may be increased within a front yard setback that will provide screening from adjacent uses and enhance safety and security around the facility. (Ord. 5301 §3 (Exh. B) (part), 2016) 20.78.060 DEVELOPMENT STANDARDS. (a) Lot Standards. Lot development requirements shall be in accordance with this section and the follow- ing standards unless allowed for by law otherwise: (1) Setbacks. (i) Minimum front yard setback is fifteen (15) feet; (ii) Minimum side yard setback is five (5) feet; (iii) Minimum rear yard setback is fifteen (15) feet. (2) Maximum structure height is thirty-five (35) feet. (3) Maximum structure height in R-10 areas within the downtown regional center shall be pursuant to Figure 20.74(a) and shall supersede subsection (a)(2) of this section. (4) Minimum lot width is twenty-five (25) feet. (5) Maximum development coverage is sixty (60) percent. (Revised 5/19)20.78-4 20.78.065 (b) Zero (0) Lot Line (ZLL) Development. An attached single-family dwelling and/or garage structure may have a single shared side or rear lot line, and a set- back reduced to zero (0), provided the structure com- plies with building code fire separation requirements. (c) Accessory Structures. The following standards shall apply but are not limited to: garages, carports, shops, barns, covered patios, cabanas, gazebos, and inci- dental household storage buildings, excluding accessory dwelling units per BMC 20.46.010 and structures not requiring a building permit: (1) The maximum area for all accessory struc- tures shall be eighty (80) percent of the principal resi- dential use not to exceed one thousand two hundred (1,200) square feet. (2) Setbacks of detached accessory structures are pursuant to BMC 20.44.060. (d) Garages, Storage Buildings and Shops. (1) Any garage, storage building or shop structure shall be designed so that the appearance of the building remains that of a single-family residence including the following: (i) Constructed of similar materials as the principal unit; (ii) A roof of equal or greater pitch as the principal unit; (iii) A height no more than twenty-five (25) percent greater than the principal unit not to exceed thirty-five (35) feet. (2) Any garage, storage building, or shop may be exempt from the accessory structure size require- ments provided it is contained within the principal unit. (3) Garage, Carport, and Shop Vehicle Entrance Setbacks. When the vehicle entrance faces the street, the garage, carport, or shop shall have a front yard setback of at least twenty (20) feet, except as provided in BMC 20.44.020 (Traditional front yard). (e) Lot Area for Parks and Schools. Parks and schools may exceed maximum lot area requirements if approved by a conditional use permit. (Ord. 5364 §2, 2018: Ord. 5301 §3 (Exh. B) (part), 2016) 20.78.065 ALLOWABLE DENSITY AND LOT AREA. The purpose of this section is to establish compati- ble levels of density within existing neighborhoods. The intent is to allow infill residential development. The fol- lowing density and lot area standards are applicable to development within the zone: (a) Minimum Density. The minimum required density is five (5) dwellings per acre. (b) Maximum Density. The maximum allowed density is eighteen (18) dwellings per acre. (c) Maximum Lot Area. The maximum lot area is eight thousand seven hundred twelve (8,712) square feet, with the following exceptions: (1) The lot area may be modified through the approval of a residential cluster development pursuant to BMC 20.58.060; (2) One (1) lot within a proposal for a division of land may exceed eight thousand seven hundred twelve (8,712) square feet, provided the remaining lots do not exceed the eight thousand seven hundred twelve (8,712) square foot maximum lot size; and (3) A flag lot that complies with the require- ments in BMC 20.44.100 may exceed eight thousand seven hundred twelve (8,712) square feet, provided the total area of the flag lot does not exceed thirteen thou- sand sixty-eight (13,068) square feet. (d) Minimum Lot Area. The minimum allowed lot area is two thousand five hundred (2,500) square feet. (e) Exception to Minimum Lot Areas. (1) The minimum lot area may be modified through the approval of a residential cluster develop- ment pursuant to BMC 20.58.060, provided the devel- opment complies with the maximum density requirement set forth in subsection (b) of this section. (Ord. 5364 §3, 2018: Ord. 5301 §3 (Exh. B) (part), 2016) 20.78.080 OFF-STREET PARKING REQUIREMENTS. Off-street parking shall be provided in accordance with the requirements set forth in Chapter 20.48 BMC. (Ord. 5301 §3 (Exh. B) (part), 2016) 20.78.090 LANDSCAPING REQUIREMENTS. Landscaping shall be provided in accordance with the requirements set forth in Chapter 20.50 BMC. (Ord. 5301 §3 (Exh. B) (part), 2016) 20.78.100 SIGN STANDARDS. Signs shall meet the standards of Chapter 20.52 BMC and the following: (a) One (1) sign with a sign area of up to eight (8) square feet may be allowed to advertise a permitted bed and breakfast, provided it matches the architectural fea- tures of the primary residence. (b) For a home occupation sign, the residential dis- trict sign regulations in BMC 20.52.120 shall apply. (c) When an established business use is located in the medium density residential zone, the special purpose sign regulations in BMC 20.52.130 shall apply. (Ord. 5301 §3 (Exh. B) (part), 2016) 20.86-1 (Revised 5/19) Bremerton Municipal Code 20.86.060 Chapter 20.86 FREEWAY CORRIDOR (FC) Sections: 20.86.010 INTENT. 20.86.020 OUTRIGHT PERMITTED USES. 20.86.040 CONDITIONAL USES. 20.86.050 PROHIBITED USES. 20.86.060 DEVELOPMENT STANDARDS. 20.86.070 DESIGN STANDARDS. 20.86.080 PARKING REQUIREMENTS. 20.86.090 LANDSCAPING REQUIREMENTS. 20.86.100 SIGN STANDARDS. 20.86.010 INTENT. The intent of the freeway corridor (FC) zone is to identify areas for commercial activities that will typi- cally be region-serving in nature and scale. Uses in the zone benefit from high visibility from freeways serving the region, incorporate signage legible to fast-moving traffic, provide large areas for parking, and may include large-scale structures and/or outdoor display or storage areas. Design standards, buffering and/or other tech- niques are used to mitigate the effects of the intense uses allowed in the FC zone on less intense adjacent uses. (Ord. 5301 §3 (Exh. B) (part), 2016: Ord. 4950 §8 (Exh. A) (part), 2005) 20.86.020 OUTRIGHT PERMITTED USES. In the freeway corridor zone all uses are permitted outright except for those uses set forth as conditional uses per BMC 20.86.040, and those uses prohibited per BMC 20.86.050. (Ord. 5301 §3 (Exh. B) (part), 2016: Ord. 4950 §8 (Exh. A) (part), 2005) 20.86.040 CONDITIONAL USES. A conditional use permit, which is approved pursu- ant to BMC 20.58.020, may permit the following uses: (a) Heavy industrial/manufacturing, provided: (1) All standards of the noise levels ordi- nance, Chapter 6.32 BMC, are met; (2) No unshielded light or glare will be visible during periods of darkness in a residential zone; (3) No odor, dust or smoke byproduct will be clearly detectable on any adjacent or adjoining commer- cial or residential lot; (4) The applicant can demonstrate that the use will not significantly detract from the visual character of the area as seen from public rights-of-way or any adja- cent lot. Unkept or unsightly storage, refuse, yard, or equipment areas are elements with the potential to neg- atively impact visual character. (b) Adult business per BMC 20.46.110. (c) Class II group residential facilities, provided: (1) The facility will not create an operational conflict with the efficiency of large-scale freeway-ori- ented commercial use. (Ord. 5301 §3 (Exh. B) (part), 2016: Ord. 5177 §4, 2012: Ord. 4950 §8 (Exh. A) (part), 2005) 20.86.050 PROHIBITED USES. The following uses are prohibited in the freeway corridor zone: (a) Residential, as a primary or secondary use, except for Class II group residential facilities as a con- ditional use per BMC 20.86.040; (b) Recreational vehicle park; (c) Junk yard; (e) Motion picture theater; (d) Any use with significant adverse impacts on less intense uses in neighboring residential zones, deter- mined by the City by having any combination of the fol- lowing criteria: (1) Noise Encroachment. Generation of sound not meeting the provisions of the noise levels ordinance, Chapter 6.32 BMC; (2) Light/Glare Encroachment. Unshielded glare visible during periods of darkness in an adjacent residential zone; (3) Odor, Dust or Smoke Encroachment. Emission of an odor, dust or smoke byproduct clearly detectable in any residential zone. (Ord. 5301 §3 (Exh. B) (part), 2016: Ord. 4950 §8 (Exh. A) (part), 2005) 20.86.060 DEVELOPMENT STANDARDS. Lot development requirements shall be in accor- dance with the following standards unless allowed for by law otherwise: (a) Minimum front yard setback: twenty (20) feet; (b) Minimum side yard setback: zero (0) except when adjacent to the low or medium density residential zones 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 where a ten (10) to twenty (20) foot visual screen is required pursuant to BMC 20.50.050(b); (d) No maximum building coverage, except all setback and landscaping requirements shall be met; (e) No maximum development coverage, except all setback and landscaping standards shall be met; (f) Maximum building height: sixty (60) feet. (Ord. 5364 §9, 2018: Ord. 5301 §3 (Exh. B) (part), 2016: Ord. 5046 §26, 2008; Ord. 4950 §8 (Exh. A) (part), 2005) (Revised 5/19)20.86-2 20.86.070 20.86.070 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 are 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- lighted by a prominent cornice, projecting parapet or other architectural element that creates a shadow line. (2) Blank Facades. Building facades shall not present a blank facade to view from public rights-of- way. Such facades may be broken by windows, trellises, columns, variations in plane, or other devices that add variation and interest to the facade. (3) Curb Cuts. The number of curb cut site entries from public rights-of-way shall be limited to the minimum number of curb cuts required for safe and effi- cient vehicle circulation into and out of the site. (b) Secondary Design Features. Two (2) second- ary 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 the front facade shall not extend for more than one hundred (100) feet, as measured from any one (1) point of the structure, without a significant architectural variation of at least five (5) 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) 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. (Ord. 5319 §16, 2017: Ord. 5301 §3 (Exh. B) (part), 2016: Ord. 4950 §8 (Exh. A) (part), 2005) 20.86.080 PARKING REQUIREMENTS. Parking shall meet the standards of Chapter 20.48 BMC. (Ord. 5301 §3 (Exh. B) (part), 2016: Ord. 4950 §8 (Exh. A) (part), 2005) 20.86.090 LANDSCAPING REQUIREMENTS. Landscaping shall meet the standards of Chapter 20.50 BMC and the following requirements: (a) Buffers and screening adjacent to rights-of- way. All off-street parking areas, vehicle storage areas, and outdoor storage or work areas, except for those areas for display of vehicles or products for sale or lease, shall be screened or buffered from public rights-of-way by any combination of the following: (1) Five (5) foot wide landscaped buffer with evergreen hedge or other screen plantings of a size that will provide an immediate effective visual screen hav- ing a minimum height of five (5) feet; (2) Solid fence or wall a minimum of five (5) feet in height unless modified by the City to correct a visibility obstruction; or (3) An earthen berm planted with grass, shrubs, or other groundcover and having an effective visual height of at least five (5) feet; (b) Buffers or screening between commercial uses. The City may determine that landscape buffering or screening is required along an interior property line shared by commercial uses in cases where a higher intensity use such as light or heavy manufactur- ing/industry abuts a commercial use that is frequently visited by members of the public. Such buffering or screening is intended to minimize potential conflicts. (Ord. 5301 §3 (Exh. B) (part), 2016: Ord. 4950 §8 (Exh. A) (part), 2005) 20.86.100 SIGN STANDARDS. Signs shall meet the standards of Chapter 20.52 BMC. For freestanding signs, the maximum size and height standards of Figure 20.52(a) shall apply. (Ord. 5301 §3 (Exh. B) (part), 2016: Ord. 4950 §8 (Exh. A) (part), 2005) 20.92-1 (Revised 5/19) Bremerton Municipal Code 20.92.040 Chapter 20.92 EMPLOYMENT CENTER (EC) Sections: 20.92.010 INTENT. 20.92.020 OUTRIGHT PERMITTED USES. 20.92.030 ACCESSORY USES. 20.92.040 CONDITIONAL USES. 20.92.060 DEVELOPMENT STANDARDS. 20.92.070 DESIGN STANDARDS. 20.92.080 PARKING REQUIREMENTS. 20.92.090 LANDSCAPING REQUIREMENTS. 20.92.100 SIGN STANDARDS. 20.92.010 INTENT. The intent of the employment center (EC) zone is to offer a well planned and designed environment where a potentially large employee population is offered the option to live near places of employment. The EC zone provides for integration of employment activities with housing and commercial activities scaled to serve the employee population at the center, thereby reducing home-to-workplace commute trips. Employment cen- ters create large numbers of jobs in uses to include office and services. (Ord. 5301 §3 (Exh. B) (part), 2016: Ord. 4950 §8 (Exh. A) (part), 2005) 20.92.020 OUTRIGHT PERMITTED USES. The following uses are permitted outright: (a) Co-location of wireless communications facil- ities per BMC 20.46.140; (b) Community facility; (c) Day care facility; (d) General office and business services; (e) Finance, insurance and real estate; (f) General retail; (g) Hospitals; (h) Hotels and lodging places; (i) Medical offices and clinics; (j) Outdoor athletic fields; (k) Parks, playgrounds and open space; (l) Personal service; (m) Physical fitness and health clubs; (n) Public administration; (o) Residential uses of all types except group resi- dential facility - Class II; (p) Restaurants and drinking places; (q) Schools and education uses; (r) Transportation facility; (s) Veterinary clinic; (t) Worship and religious facility. (Ord. 5301 §3 (Exh. B) (part), 2016: Ord. 5249 §13, 2014: Ord. 5222 §21, 2013: Ord. 5008 §23, 2007: Ord. 4950 §8 (Exh. A) (part), 2005) 20.92.030 ACCESSORY USES. The following accessory uses may be permitted when found in connection with a principal use: (a) Light industrial/manufacturing to support the associated primary use, such as development of prod- ucts on site, provided the business is primarily involved in the products distribution (general retail). (1) The applicant shall demonstrate that the use will not significantly detract from the visual charac- ter as seen from public rights-of-way or any adjacent lot. This accessory use shall be fully screened or fully enclosed, with no outdoor storage visible from the right- of-way or adjacent lot. (b) Mini-storage, provided: (1) Mini-storage facilities are permitted as an accessory use, and may occupy no more than fifty (50) percent of the property’s building gross floor area. With the exception of the mini-storage business office, mini- storage facilities shall not be permitted upon the street level of the multistory building where the primary entrance is located. (2) All storage units shall gain access from the interior of the buildings or site, such as access from the alley. No unit doors may face the street. (3) Mini-storage facilities located adjacent to a residential zone shall: (i) Not be visible from the residential property. This may require that the property be screened by a Type I visual screen per BMC 20.50.050 for the facility loading bays, docks or doors. (ii) Not operate or allow tenant access between the hours of 10:00 p.m. and 7:00 a.m. The Director may permit extended hours of operation if the facility will not have significant noise impacts on the adjacent properties. (4) Outdoor Storage Prohibited. All goods and property stored in a mini-storage facility shall be stored in an enclosed building. No outdoor storage of boats, RVs, vehicles, etc., or storage in outdoor pods or shipping containers is permitted. (5) Each storage unit shall be used for storage only. No commercial or manufacturing activities, vehi- cle repair or services, or related activities, whether for business or personal purposes, are permitted in any stor- age unit. (Ord. 5301 §3 (Exh. B) (part), 2016) 20.92.040 CONDITIONAL USES. The following uses may be permitted, provided a conditional use permit is approved pursuant to BMC 20.58.020: (Revised 5/19)20.92-2 20.92.060 (a) Light industrial/manufacturing, provided: (1) No odor, dust or smoke byproduct will be clearly detectable on any abutting commercial or resi- dential lot; (2) All standards of the noise levels ordi- nance, Chapter 6.32 BMC, are met; (3) No unshielded light or glare will be visible during periods of darkness on adjacent commercial or residential lots; (4) The applicant can demonstrate that the use will not significantly detract from the visual character as seen from public rights-of-way or any adjacent lot. Unkempt or unsightly storage, refuse, yard, or equip- ment and mechanical areas are elements with potential to negatively impact visual character. This use shall be fully screened or fully enclosed, with no outdoor storage visible from the right-of-way or adjacent lot(s). (5) Does not include business activities related to marijuana production or processing for distri- bution. (Ord. 5301 §3 (Exh. B) (part), 2016: Ord. 4950 §8 (Exh. A) (part), 2005) 20.92.060 DEVELOPMENT STANDARDS. Development shall be in accordance with the fol- lowing standards: (a) Minimum density for residential uses: fifteen (15) dwelling units/acre; (b) Minimum side yard setback: zero (0), except when adjacent to the low or medium density residential zones where a ten (10) to twenty (20) foot visual screen is required pursuant to BMC 20.50.050(b); (c) Minimum rear yard setback: zero (0), except when adjacent to the low or medium density residential zones where a ten (10) to twenty (20) foot visual screen is required pursuant to BMC 20.50.050(b); (d) Minimum front yard setback requirements: zero (0), except that for residential uses with garages facing a public right-of-way, the garage shall have a set- back five (5) feet greater than that of the principal struc- ture; (e) Maximum building coverage: sixty-five (65) percent base maximum; provided, that through the use of any combination of the following, building coverage may be increased to a maximum of eighty-five (85) per- cent: (1) Projects with two or more stories: ten (10) percent bonus; (2) Projects containing mixed uses: ten (10) percent bonus; (3) Projects incorporating at least fifty (50) percent of required parking underground or within the structure: twenty (20) percent bonus; (f) No maximum development coverage, provided all setbacks and landscaping requirements are met; (g) Maximum Building Height. Eighty (80) feet for residential uses and sixty (60) feet for nonresidential uses. For mixed uses, the building height will be based on the use that predominantly (fifty (50) percent or greater) occupies the structure. (Ord. 5364 §10, 2018: Ord. 5301 §3 (Exh. B) (part), 2016: Ord. 5046 §31, 2008; Ord. 4971 §18, 2006; Ord. 4950 §8 (Exh. A) (part), 2005) 20.92.070 DESIGN STANDARDS. The following design standards shall be applied to all new structures and redeveloped structures. Residen- tial development of three (3) units or fewer are 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- 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 mate- rials shall be architecturally similar to the primary struc- ture. (b) Secondary Design Features. Four (4) second- ary 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. 20.94-1 (Revised 5/19) Bremerton Municipal Code 20.94.080 Chapter 20.94 INDUSTRIAL (I) Sections: 20.94.010 INTENT. 20.94.020 OUTRIGHT PERMITTED USES. 20.94.030 CONDITIONAL USES. 20.94.050 PROHIBITED USES. 20.94.060 DEVELOPMENT STANDARDS. 20.94.080 PARKING REQUIREMENTS. 20.94.090 LANDSCAPING REQUIREMENTS. 20.94.100 SIGN STANDARDS. 20.94.010 INTENT. The intent of the industrial (I) zone is to accommo- date light and heavy industrial uses in locations where there is limited interaction with residential uses. Uses include large-scale and/or heavy industries in a manner that reduces impact to the community while meeting industry’s needs for easy access, large sites, and loca- tions that do not cause conflicts with residential and other less intense use areas. (Ord. 5301 §3 (Exh. B) (part), 2016: Ord. 4950 §8 (Exh. A) (part), 2005) 20.94.020 OUTRIGHT PERMITTED USES. In the industrial zone, all uses are permitted outright except for those uses set forth as conditional uses per BMC 20.94.030, and those uses prohibited per BMC 20.94.050. (Ord. 5301 §3 (Exh. B) (part), 2016: Ord. 5008 §24, 2007: Ord. 4950 §8 (Exh. A) (part), 2005) 20.94.030 CONDITIONAL USES. The following uses may be permitted, provided a conditional use permit pursuant to BMC 20.58.020 is approved: (a) Junk yard, provided: (1) The use is not adjacent to a residentially zoned lot; (2) A view-obscuring screen consisting of a solid wall or dense evergreen shrub to a height of ten (10) feet is provided along all lot lines. (b) Adult business as defined in BMC 20.46.110. (c) Group residential facility - Class II, provided the facility will not create an operational conflict with the efficiency of large-scale industrial uses. (Ord. 5301 §3 (Exh. B) (part), 2016: Ord. 4950 §8 (Exh. A) (part), 2005) 20.94.050 PROHIBITED USES. The following uses are prohibited in the industrial zone: (a) Residential, as a primary or secondary use, except for Class II group residential facilities as a con- ditional use per BMC 20.94.030(c); (b) Recreational vehicle park; (c) Motion picture theater; (d) Any use with significant adverse impacts on less intense uses in neighboring residential zones, deter- mined by the City by having any combination of the fol- lowing criteria: (1) Noise Encroachment. Generation of sound not meeting the provisions of the noise levels ordinance, Chapter 6.32 BMC; (2) Light/Glare Encroachment. Unshielded glare visible during periods of darkness in an adjacent residential zone; (3) Odor, Dust or Smoke Encroachment. Emission of an odor, dust or smoke byproduct clearly detectable in any residential zone. (Ord. 5301 §3 (Exh. B) (part), 2016) 20.94.060 DEVELOPMENT STANDARDS. Lot development requirements shall be in accor- dance with the following standards unless otherwise allowed by law: (a) Minimum front yard setback: ten (10) feet, except twenty (20) feet where abutting or across a public right-of-way from a residential zone; (b) Minimum side yard setback: zero (0) except when adjacent to the low and medium density residen- tial zones where a ten (10) to twenty (20) foot visual screen is required pursuant to BMC 20.50.050(b); (c) Minimum rear yard setback: zero (0) except when adjacent to the low and medium density residen- tial zones where a ten (10) to twenty (20) foot visual screen is required pursuant to BMC 20.50.050(b); (d) No maximum building coverage, provided all setbacks and landscaping standards are met; (e) No maximum development coverage, provided all setbacks and landscaping standards are met; (f) Maximum building height: fifty (50) feet for structures intended for human occupancy, and no height limit for unoccupied structures such as cranes, antennas, and mechanical apparatuses employed in industry, pro- vided setback requirements are met; (g) Where abutting a residential zone, structures shall be set back one (1) additional foot for each addi- tional foot of height above thirty-five (35) feet. (Ord. 5364 §11, 2018: Ord. 5301 §3 (Exh. B) (part), 2016: Ord. 5046 §34, 2008; Ord. 4950 §8 (Exh. A) (part), 2005) 20.94.080 PARKING REQUIREMENTS. Off-street parking shall be provided in accordance with Chapter 20.48 BMC. (Ord. 5301 §3 (Exh. B) (part), 2016: Ord. 4950 §8 (Exh. A) (part), 2005) (Revised 5/19)20.94-2 20.94.090 20.94.090 LANDSCAPING REQUIREMENTS. Landscaping shall be provided per the requirements set forth in Chapter 20.50 BMC. (Ord. 5301 §3 (Exh. B) (part), 2016: Ord. 5046 §35, 2008: Ord. 4950 §8 (Exh. A) (part), 2005) 20.94.100 SIGN STANDARDS. Signs shall meet the requirements set forth in Chap- ter 20.52 BMC. For freestanding signs, the maximum size and height standards of Figure 20.52(a) shall apply. (Ord. 5301 §3 (Exh. B) (part), 2016: Ord. 4950 §8 (Exh. A) (part), 2005) Number Subject Tables-9 (Revised 5/19) 5177 Adds § 20.98.040; amends §§ 20.42.020, 20.42.040 and 20.86.040, opiate substitution treatment facili- ties (20.42, 20.86) 5178 Extends moratorium on medical marijuana collective gardens (Special) 5179 Council districts; repeals Ord. 5162 (Not codified) 5180 Street vacation (Special) 5181 Amends §§ 2.92.020 and 2.92.030, office of risk management (2.92) 5182 Amends § 10.04.034, inattention to driving (10.04) 5183 Amends §§ 9A.12.020 and 13.04.140, liquor in city parks (9A.12, 13.04) 5184 Adds § 11.12.085, complete streets (Repealed by 5354) 5185 Amends Ch. 7.06 and § 7.15.010, chickens (7.06, 7.15) 5186 Amends 2012 budget (Special) 5187 Adds § 20.04.205; amends § 20.04.010, State Environmental Policy Act (20.04) 5188 Amends comprehensive plan and § 20.80.080, subarea plans (Repealed by 5301) 5189 Establishes planned action for South Kitsap industrial area (Special) 5190 Amends §§ 2.16.020, 2.19.020 and 2.30.020, civil service system (2.16, 2.19, 2.30) 5191 Bonds issuance (Special) 5192 Extends moratorium on medical marijuana collective gardens (Special) 5193 Adds § 1.06.110, public records (1.06) 5194 (Failed) 5195 Amends § 3.48.050, business and occupation taxes (3.48) 5196 (Failed) 5197 2013 tax levy (Special) 5198 Amends § 2.03.010, mayor (2.03) 5199 Repeals Ch. 2.34, Gold Mountain Golf Complex board of directors (Repealer) 5200 Adopts 2013 budget (Special) 5201 Amends Ch. 3.48 and § 3.86.200, business and occupation taxes (3.48, 3.86) 5202 Amends comprehensive plan (Repealed by 5299) 5203 Amends 2012 budget (Special) 5204 Amends Ch. 9.88, drug offenses (9.88) 5205 Amends §§ 20.40.160, 20.42.020 and 20.42.040, medical marijuana collective gardens (20.40, 20.42) 5206 Amends Ch. 11.10; repeals and replaces Ch. 10.10; repeals Ch. 10.11, parking and sidewalks (10.10) 5207 Repeals Ord. 5089, public defense standards (Repealer) 5208 Amends Chs. 9A.32 and 9A.44, criminal code (9A.32, 9A.44) 5209 Adds § 15.01.015; amends § 20.14.630; repeals and replaces § 15.01.020 and Ch. 15.04, stormwater (15.01, 15.04, 20.14) 5210 Amends §§ 2.50.032, 2.50.040, 2.50.060 and 2.50.070, management and professional staff compensa- tion program (2.50) 5211 Adds § 15.06.025, sewer conservation loan program (15.06) 5212 Rezone (Special) 5213 Amends rates and fees for the department of public works and utilities (Not codified) 5214 Bonds issuance (Special) 5215 Adds Ch. 6.10, abandoned property registration and maintenance (6.10) 5216 Adds Ch. 10.08; amends § 2.62.045, impoundment of vehicles, appeals (2.62, 10.08) 5217 Amends 2013 budget (Special) 5218 Cable franchise (Special) 5219 Amends §§ 17.04.020 and 17.04.110, building code (17.04) 5220 Repeals Ord. 4992, 2005 water system plan (Repealer) 5221 Adds Ch. 5.06, rental property registration (5.06) 5222 Amends §§ 20.04.100, 20.42.040, 20.44.120, 20.48.260, 20.62.060(a), 20.62.080, 20.64.060(a), 20.64.080, 20.66.050, 20.66.060(a), 20.66.080, 20.70.050, 20.70.060(a), 20.70.070(b), 20.70.080, Number Subject (Revised 5/19)Tables-10 20.82.060(a), 20.82.080, 20.84.060(a), 20.84.080, 20.92.020 and 20.98.020, zoning (20.04, 20.42, 20.44, 20.48, 20.62, 20.70, 20.82, 20.92, 20.98) 5223 Adds Ch. 10.20; repeals Ch. 10.40, commute trip reduction plan (10.20) 5224 Fiscal policy regarding tax receipts (Repealed by 5289) 5225 Amends Ch. 9.24, prostitution (9.24) 5226 Amends Ord. 4875, energy franchise (Special) 5227 2014 tax levy (Special) 5228 Amends Ord. 5213, rates and fees for the department of public works and utilities (Not codified) 5229 Shoreline master program; repeals Resos. 1736, 1746, 1765, 1769 and 1770 and Ords. 4183, 4365, 4634, 4797 and 4829 (Not codified) 5230 Repeals and replaces Ch. 20.16, shoreline development (20.16) 5231 Amends Ch. 17.60, floodplain management (17.60) 5232 Adds Ch. 2.11; amends Chs. 2.06 and 2.09, human resources (2.06, 2.09, 2.11) 5233 Amends comprehensive plan (Repealed by 5299) 5234 Amends Ch. 18.02, city fire code (18.02) 5235 Adopts 2014 budget (Special) 5236 Amends 2013 budget (Special) 5237 Amends comprehensive plan and § 20.80.080, subarea plans (Repealed by 5301) 5238 Amends § 3.72.020, gambling tax (3.72) 5239 Street vacation (Special) 5240 Establishes planned action for Gorst urban growth area (Special) 5241 Revokes Wheaton-Riddell District Center Subarea Plan adopted by Ord. 5025 (Repealed by 5301) 5242 Repeals Res. 3045 and approves 2014 Parks, Recreation and Open Space Plan (Special) 5243 Amends Ch. 7.15, animal violations and infractions (7.15) 5244 Street vacation (Special) 5245 Amends Ch. 11.25, transportation benefit district (11.25) 5246 Amends 2014 budget (Special) 5247 Amends § 11.10.010, hazardous sidewalk conditions prohibited (Repealed by 5276) 5248 Rezone (Special) 5249 Adds § 20.48.150; amends §§ 20.42.040, 20.52.050, 20.52.070, 20.52.130, 20.52.160, 20.52.180, Fig- ure 20.52(a), §§ 20.92.020 and 20.98.020; repeals Title 19, §§ 20.42.020 and 20.52.170, zoning (20.42, 20.48, 20.52, 20.92, 20.98) 5250 Amends Title 15, municipal utilities (15.01, 15.02, 15.03, 15.04, 15.05, 15.06, 15.07, 15.08) 5251 Amends §§ 20.70.020, 20.70.060 and 20.70.090; rezones properties and amends zoning map, district center core (DCC) (20.70) 5252 Amends Ch. 2.18, audit committee and city auditor (Repealed by 5311) 5253 Amends § 7.10.010, animal impoundment and quarantine (7.10) 5254 Adds Ch. 5.12, taxicabs (5.12) 5255 Bonds issuance (Special) 5256 Alley vacation (Special) 5257 Street vacation (Special) 5258 Street vacation (Special) 5259 Street vacation (Special) 5260 Repeals and replaces Figure 3.78(a), multifamily property tax exemption (Repealed by 5302) 5261 Amends §§ 20.12.060, 20.12.090 and 20.12.140, land division (20.12) 5262 Adds §§ 9A.44.110, 9A.44.120, 9A.44.130 and 9A.44.140; amends and renumbers § 9A.44.110 as 9A.44.100; repeals § 9A.44.100, public disturbances (9A.44) 5263 Amends §§ 20.52.040, 20.52.050, 20.52.060, 20.52.100 and 20.52.180, signs (20.52) 5264 2015 tax levy (Special) 5265 Amends Ord. 5228, rates and fees for department of public works and utilities (Not codified) Number Subject Tables-13 (Revised 5/19) 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) 5352 Alley vacation (Special) 5353 Adds § 3.78.105, affordable housing capital fund (3.78) 5354 Adds Ch. 11.10; repeals § 11.12.085, complete streets (11.10) 5355 Amends §§ 3.48.030(e), 3.48.077, 3.50.020, 3.50.050 and 3.86.040, taxes (3.48, 3.50, 3.86) 5356 2019 tax levy (Special) 5357 Reestablishes rates and fees established by Res. 3297; repeals Res. 3297 (Not codified) 5358 Amends Ord. 5340, rates and fees for department of public works and utilities (Not codified) 5359 Amends § 3.50.050, utility taxes (3.50) 5360 Adopts 2019 budget (Special) 5361 Amends Ords. 4875, 5226, 5287 and 5337, energy franchise (Special) 5362 Amends 2018 budget (Special) 5363 Amends comprehensive plan and zoning map (Special) 5364 Amends Figure 20.40(a), §§ 20.50.040, 20.50.050, 20.60.010, 20.60.020, 20.60.060, 20.62.060, 20.70.060, 20.78.010, 20.78.060, 20.78.065, 20.86.060, 20.92.060, 20.94.060 and Zoning Maps 1 – 4, land use (20.40, 20.50, 20.60, 20.62, 20.70, 20.78, 20.86, 20.92, 20.94) 5365 Adds Ch. 6.11, vacant commercial building registration (6.11) 5366 Amends Ch. 20.10; repeals § 20.70.030, zoning (20.10)