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
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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)