HomeMy WebLinkAbout29 bremerton0420_supp29SUPPLEMENT DIRECTIONS
BREMERTON MUNICIPAL CODE
Supplement No. 29 – April 2020
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Title 2
2.28-1 – 2.28-2 .......................................... 2.28-1 – 2.28-2
2.78-1 ....................................................................... 2.78-1
2.92-1 – 2.92-3 .......................................... 2.92-1 – 2.92-3
Title 3
3.48-15 – 3.48-18 .................................. 3.48-15 – 3.48-17
3.86-1 – 3.86-2 .......................................... 3.86-1 – 3.86-2
Title 6
6.20-1 – 6.20-2 .......................................... 6.20-1 – 6.20-2
Title 10
10.10-1 – 10.10-6 ............................... 10.10-1 – 10.10-6.1
Title 15
15.06-1 – 15.06-2 .................................. 15.06-1 – 15.06-2
Title 20
Table of Contents .................................. Table of Contents
20.40-3 – 20.40-4 .................................. 20.40-3 – 20.40-4
20.46-1 – 20.46-2.1 ............................ 20.46-1 – 20.46-2.1
20.46-4.1 – 20.46-6 ............................ 20.46-5 – 20.46-6.4
20.50-3 – 20.50-4 .................................. 20.50-3 – 20.50-4
20.79-1 – 20.79-2 .................................. 20.79-1 – 20.79-3
Tables
9 – 10 ........................................................................ 9 – 10
13 ............................................................................ 13 – 14
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(Revised 4/20)
Updated by: _______
Dated: ____________
2.28-1 (Revised 4/20)
Chapter 2.28
EQUAL EMPLOYMENT OPPORTUNITY
PROGRAM
Sections:
2.28.010 EQUAL EMPLOYMENT
OPPORTUNITY POLICY.
2.28.020 EQUAL EMPLOYMENT
OPPORTUNITY OFFICERS.
2.28.030 EQUAL EMPLOYMENT
OPPORTUNITY COMMITTEE.
2.28.040 EQUAL EMPLOYMENT
OPPORTUNITY COMPLAINT
PROCEDURE.
2.28.010 EQUAL EMPLOYMENT
OPPORTUNITY POLICY.
(a) The Mayor, through City department heads,
shall recruit, hire, upgrade, train, and promote in all
position classifications, without regard to race, color,
sex, age (forty (40) plus), religion, marital status,
national origin, sexual orientation/gender identity, polit-
ical affiliation, military status, or the presence of any
physical, mental or sensory disability, except where age
and sex are essential bona fide occupational require-
ments, or where handicap is a bona fide occupational
disqualification.
(b) All department heads shall ensure that all per-
sonnel actions are administered without regard to race,
color, sex, age (forty (40) plus), religion, marital status,
national origin, sexual orientation/gender identity, polit-
ical affiliation, military status, or the presence of any
physical, mental or sensory disability except where age
and sex are essential bona fide occupational require-
ments, or where handicap is a bona fide occupational
disqualification.
(c) All department heads shall base employment
decisions on the principles of Equal Employment
Opportunity (EEO). (Ord. 5394 §1 (part), 2020: Ord.
4165 §1, 1988)
2.28.020 EQUAL EMPLOYMENT
OPPORTUNITY OFFICERS.
(a) The Mayor shall appoint two (2) City-wide
EEO Officers as follows:
(1) One (1) EEO Officer would oversee com-
pliance with Title VI of the Civil Rights Act. Title VI
prohibits discrimination on the basis of race, color, and
national origin in programs and activities receiving fed-
eral financial assistance/grants/loans. This EEO Officer
would also be responsible for processing complaints
related to Title VI.
(2) The second EEO Officer would oversee
compliance with Title VII of the Civil Rights Act. Title
VII protects employees and applicants from discrimina-
tion based on race, color, and national origin or religion.
This EEO Officer would also be responsible for process-
ing complaints related to Title VII.
(b) The Mayor will ensure the EEO Officers are
properly trained and qualified. The EEO Officers will
implement and coordinate compliance with the EEO
Policy. Funds to support administrative training and
costs will be placed in the General Miscellaneous sec-
tion of the City’s annual budget. The EEO Officers’
responsibilities shall include:
(1) Monitoring the effectiveness of the Policy
and making an annual report to the Mayor. The Mayor
will make an annual report to the Council on Policy
implementation.
(2) Determining and establishing goals and a
realistic schedule for attainment.
(3) Establishing and maintaining a dialogue
with minority and women’s organizations to promote a
viable recruitment program both within and external to
the City area to achieve program goals.
(4) Work actively with department heads to
achieve a climate of understanding and involvement
toward employment of underrepresented groups.
(5) Work with the Civil Service Commission
and Human Resources Manager in the dissemination of
information and requirements of equal employment
opportunity.
(6) Ensure that contractors and potential bid-
ders comply with federal and state policy regulations
where the City enters into contracts requiring compli-
ance with state and federal law.
(7) Assure program understanding, support,
and compliance. Training programs for supervisors and
department heads will be scheduled and accomplished
to ensure proper compliance with established rules, stat-
utes, and regulations.
(8) The Title VI EEO Officer will be respon-
sible for completing and submitting the Nondiscrimina-
tion Agreement to the Washington State Department of
Transportation and any other documents required by
Title VI.
(9) The Title VII EEO Officer will be respon-
sible for completing and submitting the required EEO –
4 Report to the EEO Commission and any other docu-
ments required by Title VII. (Ord. 5394 §1 (part), 2020:
Ord. 4461 §2, 1994; Ord. 4165 §1, 1988. Formerly
2.28.030)
(Revised 4/20)2.28-2
2.28.030 EQUAL EMPLOYMENT
OPPORTUNITY COMMITTEE.
(a) The Mayor will establish an EEO Committee
with representatives from each of the following areas:
(1) Fire Department.
(2) Police Department.
(3) Department of Financial Services.
(4) Department of Community Development.
(5) Parks and Recreation Department.
(6) Office of the City Attorney.
(7) Bremerton Municipal Court.
(8) Department of Public Works and Utilities.
The representatives listed above shall be appointed
by the department head. For the court, the appointment
shall be made by the municipal court judge. The Mayor
will establish procedures to ensure the EEO Committee
contains the widest possible minority representation.
Representatives shall serve for a period of one (1) year.
Appointments shall be made immediately following the
effective date of this section and annually thereafter.
(b) The EEO Committee will assist the EEO Offi-
cers with EEO policy compliance and complaint resolu-
tion. (Ord. 5394 §1 (part), 2020: Ord. 4165 §1, 1988.
Formerly 2.28.040)
2.28.040 EQUAL EMPLOYMENT
OPPORTUNITY COMPLAINT
PROCEDURE.
It is the intent of the City, and the purpose of this
policy, to resolve all discrimination complaints fairly
and expeditiously. To achieve this objective, an
employee may, but is not required to, utilize the follow-
ing procedure:
(a) Informal Review:
(1) Any employee who believes he or she has
encountered discrimination may attempt to resolve the
matter by meeting and discussing the problem(s) with
their supervisor or the appropriate EEO Officer as soon
as possible.
(2) Every effort will be made to resolve the
matter internally within twenty (20) working days.
Toward this end, the EEO Officer, if requested by the
employee, will assist in the discussion of the problem
with the employee’s supervisor or department head, or
any other party to the problem, and will take other
appropriate steps which may assist in resolving the dis-
pute.
(3) All complaints will be treated in the strict-
est confidence, except as necessary to investigate the
allegations.
(4) The EEO Officer will have access to all
appropriate documents and information necessary to
provide the EEO Officer a basis for recommending
action.
(5) If the EEO Officer is unable to resolve the
complaint through conciliation, complainant may file a
formal complaint with the Equal Employment Opportu-
nity Commission.
(b) General Provisions, Reports and Record Main-
tenance:
(1) All steps will be taken to guarantee that
the complainant is free from restraint, interference,
coercion, retaliation or reprisal which may occur as a
result of the employee exercising his/her rights as pro-
vided by this policy.
(2) In the event the complainant withdraws
the complaint, the EEO Officer may pursue an indepen-
dent investigation with or without the consent of the
complainant, provided good cause exists to pursue the
matter.
(3) All reports, correspondence, supportive
information, and statements shall be maintained in a
separate file classified as "Confidential."
(4) Access to confidential files will be limited
to only the complainant and his/her representative, the
Mayor, the EEO Officer, Human Resources and City
Attorney staff, and any other party to the complaint, pro-
vided the complainant agrees and there exist valid rea-
sons to furnish the information. (Ord. 5394 §1 (part),
2020: Ord. 4165 §1, 1988. Formerly 2.28.050)
2.78-1 (Revised 4/20)
Chapter 2.78
REAL PROPERTY TRANSACTIONS
Sections:
2.78.010 PURCHASES AND SALES.
2.78.020 LEASES.
2.78.030 RIGHT-OF-WAY
ACQUISITIONS.
2.78.040 UTILITY PROPERTY -
SURPLUSING.
2.78.050 PARKS PROPERTY.
2.78.060 INTERGOVERNMENTAL
SALES AND LEASES.
2.78.070 RELOCATION.
2.78.010 PURCHASES AND SALES.
(a) Except as otherwise provided in this chapter,
the City Council shall approve all purchases of real
property and shall surplus as appropriate and approve all
sales of real property by the City.
(b) When disposing of real property, the City may
list the property with a real estate broker, negotiate
directly with a prospective purchaser or utilize any other
appropriate means to sell the property.
(c) If the City determines that the real property has
value only to an abutting owner of land because of the
size, shape, topography, feature or restriction of the
property, the City shall notify the abutting owner that
the property is for sale to allow them an opportunity to
submit an offer to purchase the property and/or to match
any offer presented.
(d) Subject to the provisions of this chapter, all
real property purchases and sales shall be pursuant to
terms and conditions as approved by the City Council,
except as provided in subsection (e) of this section.
(e) The purchase or sale of real property including
easements and the granting or acquisitions of rights-of-
way with a purchase or sale cost which does not exceed
ten thousand dollars ($10,000) may be approved by the
Mayor or designee and shall not require City Council
approval. (Ord. 5379 §1 (part), 2019: Ord. 4893 §1,
2004)
2.78.020 LEASES.
The leasing of real property by or to the City for a
term which, including options, does not exceed two (2)
years and rent or lease payments which do not exceed
ten thousand dollars ($10,000) per year may be
approved by the Mayor or designee and shall not require
City Council approval. (Ord. 5379 §1 (part), 2019: Ord.
4893 §1, 2004)
2.78.030 RIGHT-OF-WAY ACQUISITIONS.
City Council approval of project budgets or con-
demnation proceedings for right-of-way, easement or
other land acquisitions for street or road development or
improvements shall constitute City Council approval for
the purpose of BMC 2.78.010. (Ord. 5379 §1 (part),
2019: Ord. 4893 §1, 2004)
2.78.040 UTILITY PROPERTY -
SURPLUSING.
Prior to the sale or lease of City public utility real
property, the City Council shall, by resolution, surplus
and authorize the sale or lease of said property following
a public hearing pursuant to the provisions of RCW
35.94.040. (Ord. 5379 §1 (part), 2019: Ord. 4893 §1,
2004)
2.78.050 PARKS PROPERTY.
The sale or lease of parks property as designated in
BMC 13.12.020 shall be subject to the provisions of the
Parks Protection Code, Chapter 13.12 BMC. (Ord. 5379
§1 (part), 2019: Ord. 4893 §1, 2004)
2.78.060 INTERGOVERNMENTAL SALES
AND LEASES.
Prior to the sale or lease of surplus City property
having an estimated value of more than fifty thousand
dollars ($50,000) to another governmental entity, the
City Council shall hold a hearing following notice pur-
suant to the provisions of RCW 39.33.020. (Ord. 5379
§1 (part), 2019: Ord. 4893 §1, 2004)
2.78.070 RELOCATION.
Pursuant to RCW 8.26.010(2), the City hereby
elects not to comply with the provisions of RCW
8.26.035 through 8.26.115 regarding moving and
related expenses when acquiring property in connection
with a program or project not receiving federal financial
assistance. (Ord. 5379 §1 (part), 2019: Ord. 4893 §1,
2004)
2.92-1 (Revised 4/20)
Chapter 2.92
OFFICE OF RISK MANAGEMENT
Sections:
2.92.010 CREATED.
2.92.020 FUNCTIONS.
2.92.030 RESPONSIBILITY - SAFETY,
LOSS REDUCTION,
PREVENTION.
2.92.040 INSURANCE/SELF-
INSURANCE/POOLED
COVERAGE PROGRAMS.
2.92.050 CLAIMS MANAGEMENT -
SELF-INSURED WORKERS’
COMPENSATION CLAIMS.
2.92.060 CLAIMS MANAGEMENT -
NON-LITIGATION CLAIMS.
2.92.070 CLAIMS MANAGEMENT -
LITIGATION CLAIMS.
2.92.080 CLAIMS NEGOTIATION,
DISCUSSION, AND
REPORTING.
2.92.090 RECOVERY OF LOSSES.
2.92.010 CREATED.
(a) Office. There is created the Office of Risk
Management within the City Attorney’s Office. The
supervisor of said office shall be the City Attorney, or
designee.
(b) Position. The Office of Risk Management shall
be administered by the Risk Management Specialist, or
other assigns, subject to the direction and supervision of
the City Attorney, or designee. The Risk Management
Specialist shall report directly to the City Attorney, or
designee. The duties of the Risk Management Specialist
may be assigned to one or more employees in the City
Attorney’s Office who shall hereinafter be referred to in
this chapter as "Risk Management Specialist."
(c) References in Code. All references in the
Bremerton Municipal Code to the Risk Manager shall
mean the Risk Management Specialist. (Ord. 5075 §7
(part), 2009: Ord. 4966 §6 (part), 2006: Ord. 4808,
Amended, 07/26/2002; Ord. 4556, Amended,
06/13/1996; Ord. 3394 §1, 1985)
2.92.020 FUNCTIONS.
The Office of Risk Management shall be responsi-
ble for:
(a) Loss reduction or prevention where such
reduction or prevention is cost effective;
(b) Transfer of risks to other parties where feasible
through the purchase of insurance, and/or risk retention
through a system of self-insurance and/or participation
in programs providing pooled coverage, in whatever
combination is most responsible and cost effective;
(c) Coordination and handling of all claims,
including workers’ compensation claims;
(d) Coordination with other City departments,
through the City’s Safety and Health Committee and
City Safety Officer, of an effective employee safety pro-
gram within the City; and
(e) Writing interdepartmental rules as he or she
deems appropriate for the implementation and adminis-
tration of this chapter. (Ord. 5181 §1, 2012: Ord. 5075
§7 (part), 2009: Ord. 4966 §6 (part), 2006: Ord. 4808,
Amended, 07/26/2002; Ord. 4556, Amended,
06/13/1996; Ord. 3394 §2, 1985)
2.92.030 RESPONSIBILITY - SAFETY, LOSS
REDUCTION, PREVENTION.
(a) The Risk Management Specialist shall be
responsible for risk identification, analysis and control
and shall assist the City’s Safety and Health Committee
and City Safety Officer with development and adminis-
tration of the City’s Safety Program.
(b) The Risk Management Specialist will assist the
City’s Safety and Health Committee and City Safety
Officer to provide safety training to all City employees
and ensure that required certifications for employees are
kept current. He or she shall also become actively
involved in the ongoing training programs provided by
Human Resources and other departments and ensure
that a portion of that training is on safety awareness and
loss prevention.
(c) The Risk Management Specialist is a perma-
nent member of the City’s Safety and Health Committee
and shall work with the Committee to ensure compli-
ance with all applicable WISHA directives, provide
input, and offer advice and assistance in helping the
Committee to achieve its stated goals. The Risk Man-
agement Specialist shall maintain the file of minutes of
each Committee meeting.
(d) The City Attorney shall advise and recommend
to all City departments appropriate contractual clauses
providing for indemnity, hold harmless and insurance
provisions. The Risk Management Specialist shall
review all proposed City contracts, permits and leases to
ensure that all contractual provisions relating to insur-
ance, indemnity and hold harmless provisions ade-
quately protect the City.
(e) The Mayor shall have the authority to appoint
and remove a City Safety Officer. The City Safety Offi-
cer may be an employee or a contract position. If a City
of Bremerton employee, the appointed City Safety Offi-
cer shall report directly to his/her Department Director
(Revised 4/20)2.92-2
and shall perform the duties of City Safety Officer as
established by policy by the Mayor. (Ord. 5181 §2,
2012: Ord. 5075 §7 (part), 2009: Ord. 4966 §6 (part),
2006: Ord. 4808, Amended, 07/26/2002; Ord. 4556,
Amended, 06/13/1996; Ord. 3994 §3, 1985)
2.92.040 INSURANCE/SELF-
INSURANCE/POOLED
COVERAGE PROGRAMS.
The Risk Management Specialist is responsible for
the procurement and administration of all insured, self-
insured and/or pooled property, casualty and liability
coverage programs:
(a) The Risk Management Specialist may, with the
approval of the City Attorney, negotiate with insurance
brokers for any type of insurance and may recommend
that the City engage the services of such brokers.
(b) The Risk Management Specialist shall pur-
chase all insurance policies including funded self-insur-
ance programs, pooled coverage and related services,
and shall administer the same. The purchase of any pol-
icy shall be as follows:
1. For any insurance policy with an annual
premium of twenty-five thousand dollars ($25,000) or
less, the Risk Management Specialist may purchase the
policy with the approval of the City Attorney or desig-
nee. Such purchase shall not require City Council
approval.
2. For any insurance policy with an annual
premium exceeding twenty-five thousand dollars
($25,000), the Risk Management Specialist, with the
approval of the City Attorney or designee, is authorized
to bind policy coverage without prior City Council
approval subject to budget authority. Within sixty (60)
days of binding coverage, the Risk Management Spe-
cialist shall advise City Council that coverage was
bound and seek City Council approval for continuation
of the bound coverage. (Ord. 5380 §1, 2019: Ord. 5075
§7 (part), 2009: Ord. 5007 §1, 2007: Ord. 4966 §6
(part), 2006: Ord. 4808, Amended, 07/26/2002; Ord.
4556, Amended, 06/13/1996; Ord. 3994 §4, 1985)
2.92.050 CLAIMS MANAGEMENT - SELF-
INSURED WORKERS’
COMPENSATION CLAIMS.
The Risk Management Specialist, or designee, shall
be responsible for the direction and monitoring of all
workers’ compensation claims to a fair and equitable
conclusion.
(a) Every employee shall immediately complete
the appropriate report form when work-related injury or
illness occurs and promptly forward same to the desig-
nated supervisor, who is responsible for immediately
forwarding to the Risk Management Specialist with any
pertinent comments. The Risk Management Specialist
shall complete the employer section.
(b) The Risk Management Specialist may coordi-
nate activity on workers’ compensation claims, includ-
ing time loss, medical verification, and instruction
involving progress of the claim.
(c) The Risk Management Specialist shall coordi-
nate with the City Attorney for retaining such outside
expertise as necessary for the resolution of claims.
These may include, but are not limited to, doctors, reha-
bilitation specialists, and investigators. The City Attor-
ney’s Office may elect to represent the City in all
hearings and/or trials involving workers’ compensation
claims, or appoint outside counsel.
(d) The Human Resources Manager shall develop
appropriate return-to-work opportunities for injured
employees and, when feasible, will coordinate the
implementation of specific return-to-work plans with
the department heads involved. (Ord. 5075 §7 (part),
2009: Ord. 4966 §6 (part), 2006: Ord. 4808, Amended,
07/26/2002; Ord. 4556, Amended, 06/13/1996; Ord.
4461 §4, 1994; Ord. 3994 §5, 1985)
2.92.060 CLAIMS MANAGEMENT -
NON-LITIGATION CLAIMS.
The Risk Management Specialist shall be responsi-
ble for the investigation and evaluation of all non-litiga-
tion claims by or against the City.
(a) The City Clerk is hereby designated to receive
all claims. He/she shall forward to the Risk Manage-
ment Specialist all non-litigation claims naming the City
and/or its officers or employees, which claims allege
that said officers or employees, acting within the scope
of their duties, caused the claimant damages.
(b) All City departments, divisions and other City
agencies shall report immediately to the Risk Manage-
ment Specialist the occurrence of any accident or inci-
dent which may give rise to a claim by or against the
City to ensure prompt investigation of the incident.
(c) The Risk Management Specialist shall initiate
and/or coordinate the investigation of all non-litigation
claims. The Risk Management Specialist may employ,
subject to the City Attorney’s approval, the services of
claims specialists. All investigation of non-litigation
claims and potential claims shall be conducted as the
agent of the City Attorney, and protected by the attor-
ney-client privilege and attorney work product rule, to
the extent allowed by law.
(d) The City Attorney shall have the authority to
negotiate and approve the settlement of any non-litiga-
tion claim; provided, however, the settlement of any
such claim in excess of twenty-five thousand dollars
($25,000) shall require the approval of the Mayor and
the settlement of any non-litigation claim in excess of
fifty thousand dollars ($50,000) shall be subject to the
approval of the City Council.
2.92-3 (Revised 4/20)
(e) The Risk Management Specialist shall main-
tain complete histories of all non-litigation claims
reported to the Office of Risk Management, and investi-
gation thereof sufficient to document at least a seven (7)
year claims history or such other period of time deemed
necessary for purposes of reporting claims history to
insurance companies. (Ord. 5380 §2, 2019: Ord. 5075
§7 (part), 2009: Ord. 4966 §6 (part), 2006: Ord. 4808,
Amended, 07/26/2002; Ord. 4556, Amended,
06/13/1996; Ord. 3994 §6, 1985)
2.92.070 CLAIMS MANAGEMENT -
LITIGATION CLAIMS.
(a) Service of process on the Mayor, Mayor’s des-
ignee or City Clerk shall constitute service on the City.
No other City official or employee may accept service
of a summons and/or complaint unless such official or
employee is specifically named in the lawsuit.
(b) The Mayor, Mayor’s designee or City Clerk or
defendant employee, upon accepting service of the sum-
mons and/or complaint, shall deliver copies to the City
Attorney.
(c) The Risk Management Specialist shall transmit
copies of the lawsuit to the affected department and/or
individual and, where appropriate, to the insurance com-
pany, pool or representative.
(d) The Risk Management Specialist shall initiate
and/or coordinate the investigation of all lawsuits which
may be insured against involving the City and/or its offi-
cials/employees. The Risk Management Specialist may
employ, subject to City Attorney’s approval, the ser-
vices of claims specialists. All investigation of lawsuits
shall be conducted as the agent of the City Attorney, and
protected by the attorney-client privilege and attorney
work product rule, to the extent allowed by law.
(e) The City Attorney shall have the authority to
negotiate and approve the settlement of any litigation
claim; provided, however, the settlement of any such
claim in excess of twenty-five thousand dollars
($25,000) shall require the approval of the Mayor and
the settlement of any litigation claim in excess of fifty
thousand dollars ($50,000) shall be subject to the
approval of the City Council.
(f) The City Attorney shall maintain complete his-
tories of all lawsuits sufficient to document at least a
seven (7) year claims history of same or such other
period of time deemed necessary for purposes of report-
ing claims history to insurance companies. (Ord. 5075
§7 (part), 2009: Ord. 4966 §6 (part), 2006: Ord. 4808,
Amended, 07/26/2002; Ord. 4556, Amended,
06/13/1996; Ord. 3994 §7, 1985)
2.92.080 CLAIMS NEGOTIATION,
DISCUSSION, AND REPORTING.
(a) Except as specifically directed by the Mayor or
City Attorney, no City department, division, or other
City agency, and no City official or employee, other
than the City Attorney or Risk Management Specialist,
acting individually or collectively, may engage in the
following acts:
(1) Negotiate or otherwise effect the settle-
ment of a claim or lawsuit involving the City;
(2) Discuss with persons other than the Risk
Management Specialist, Mayor, City Attorney, or per-
sons authorized by the Risk Management Specialist,
Mayor or City Attorney, incidents which could reason-
ably lead to a claim or lawsuit against the City; pro-
vided, however, that the employee may discuss the
incident with his/her supervisor.
(b) Prior to any formal settlement offer, the Risk
Management Specialist shall be advised, in writing, of
all proposed settlements of claims and lawsuits against
the City. The Risk Management Specialist shall seek
approval of its insurers, in conformance with the provi-
sions of any insurance policies applicable to the claim or
lawsuit. In the event the insurer does not provide neces-
sary settlement approval, no settlement shall be made
without the Mayor’s written approval and acknowledg-
ment that the City’s insurers have withheld approval.
(c) The Risk Management Specialist shall annu-
ally report to the council the total number and amount of
all claims filed against the City and the number and
amounts of all claims or lawsuits paid by the City during
the preceding calendar year. (Ord. 5075 §7 (part), 2009:
Ord. 4966 §6 (part), 2006: Ord. 4808, Amended,
07/26/2002; Ord. 4556, Added, 06/13/1996. Formerly
2.92.075)
2.92.090 RECOVERY OF LOSSES.
(a) Action for Recovery. The City Attorney shall
be responsible for bringing all actions, including claims
and lawsuits, for recovery of losses to the City arising
out of the acts of others. Such losses may include prop-
erty damage or losses which impact on the City as a
result of personal injuries to City officers or employees.
In addition, the City Attorney may join the City as a
party with any third party in a lawsuit involving recov-
ery of loss to the City.
(b) Allocation of Recoveries. Any moneys recov-
ered (excluding costs of recovery) by the City Attorney
on account of losses to the City shall be paid to the bud-
get unit or department which has expended funds and/or
materials as a result of the loss. Any moneys in excess
of those so expended shall be transferred to the risk
management fund. (Ord. 5075 §7 (part), 2009: Ord.
4966 §6 (part), 2006: Ord. 4808, Amended, 07/26/2002;
Ord. 4556, Amended, 06/13/1996; Ord. 3994 §8, 1985.
Formerly 2.92.080)
3.48-15 (Revised 4/20)
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-
ums or prepayments that are taxable under RCW
48.14.0201.
(3) Public Utilities. This chapter shall not apply to
any person in respect to a business activity with respect
to which tax liability is specifically imposed under the
provisions of Chapter 3.50 BMC.
(4) Investments - Dividends from Subsidiary Cor-
porations. This chapter shall not apply to amounts
derived by persons, other than those engaging in bank-
ing, loan, security, or other financial businesses, from
investments or the use of money as such, and also
amounts derived as dividends by a parent from its sub-
sidiary corporations.
(5) International Banking Facilities. This chapter
shall not apply to the gross receipts of an international
banking facility. As used in this subsection, an "interna-
tional banking facility" means a facility represented by
a set of asset and liability accounts segregated on the
books and records of a commercial bank, the principal
office of which is located in this state, and which is
incorporated and doing business under the laws of the
United States or of this state, a United States branch or
agency of a foreign bank, an Edge corporation orga-
nized under Section 25(a) of the Federal Reserve Act, 12
United States Code 611 through 631, or an agreement
corporation having an agreement or undertaking with
the Board of Governors of the Federal Reserve System
under Section 25 of the Federal Reserve Act, 12 United
States Code 601 through 604(a), that includes only
international banking facility time deposits (as defined
in subsection (a)(2) of Section 2.4.8 of Regulation D (12
CFR Part 204), as promulgated by the Board of Gover-
nors of the Federal Reserve System), and international
banking facility extensions of credit (as defined in sub-
section (a)(3) of Section 2.4.8 of Regulation D).
(6) Insurance Business. This chapter shall not
apply to amounts received by any person or agent who
is an insurer or their appointed insurance producer upon
which a tax based on gross premiums is paid to the state
pursuant to RCW 48.14.020; and provided further, that
the provisions of this subsection shall not exempt any
bonding company from tax with respect to gross income
derived from the completion of any contract as to which
it is a surety, or as to any liability as successor to the lia-
bility of the defaulting contractor.
(7) Farmers - Agriculture. This chapter shall not
apply to any farmer in respect to amounts received from
selling fruits, vegetables, berries, butter, eggs, fish,
milk, poultry, meats or any other agricultural product
(Revised 4/20)3.48-16
that is raised, caught, produced, or manufactured by
such persons.
(8) Athletic Exhibitions. This chapter shall not
apply to any person in respect to the business of con-
ducting boxing contests and sparring or wrestling
matches and exhibitions for the conduct of which a
license must be secured from the State Boxing Commis-
sion.
(9) Racing. This chapter shall not apply to any per-
son in respect to the business of conducting race meets
for the conduct of which a license must be secured from
the Washington State Horse Racing Commission.
(10)Ride Sharing. This chapter does not apply to
any funds received in the course of commuter ride shar-
ing or ride sharing for persons with special transporta-
tion needs in accordance with RCW 46.74.010.
(11)Employees. This chapter shall not apply to:
(a) Any person in respect to the person’s
employment in the capacity as an employee or servant
as distinguished from that of an independent contractor.
For the purposes of this subsection, the definition of
employee shall include those persons that are defined in
the Internal Revenue Code, as hereafter amended.
(b) A booth renter, as defined by RCW
18.16.020, is an independent contractor for purposes of
this chapter.
(12)Amounts Derived from Sale of Real Estate.
This chapter shall not apply to gross proceeds derived
from the sale of real estate. This, however, shall not be
construed to allow an exemption of amounts received as
commissions from the sale of real estate, nor as fees,
handling charges, discounts, interest or similar financial
charges resulting from, or relating to, real estate transac-
tions. This chapter shall also not apply to amounts
received for the rental of real estate if the rental income
is derived from a contract to rent for a continuous period
of thirty (30) days or longer.
(13)Mortgage Brokers’ Third-Party Provider Ser-
vices Trust Accounts. This chapter shall not apply to
amounts received from trust accounts to mortgage bro-
kers for the payment of third-party costs if the accounts
are operated in a manner consistent with RCW
19.146.050 and any rules adopted by the director of
financial institutions.
(14)Amounts Derived from Manufacturing, Selling
or Distributing Motor Vehicle Fuel. This chapter shall
not apply to the manufacturing, selling, or distributing
motor vehicle fuel, as the term "motor vehicle fuel" is
defined in RCW 82.38.020 and exempt under RCW
82.38.280; provided, that any fuel not subjected to the
state fuel excise tax, or any other applicable deduction
or exemption, will be taxable under this chapter.
(15)Amounts Derived from Liquor, and the Sale or
Distribution of Liquor. This chapter shall not apply to
liquor as defined in RCW 66.04.010 and exempt in
RCW 66.08.120.
(16)Casual and Isolated Sales. This chapter shall
not apply to the gross proceeds derived from casual or
isolated sales.
(17)Accommodation Sales. This chapter shall not
apply to sales for resale by persons regularly engaged in
the business of making retail sales of the type of prop-
erty so sold to other persons similarly engaged in the
business of selling such property where (a) the amount
paid by the buyer does not exceed the amount paid by
the seller to the vendor in the acquisition of the article;
and (b) the sale is made as an accommodation to the
buyer to enable the buyer to fill a bona fide existing
order of a customer or is made within fourteen (14) days
to reimburse in kind a previous accommodation sale by
the buyer to the seller.
(18)Taxes Collected as Trust Funds. This chapter
shall not apply to amounts collected by the taxpayer
from third parties to satisfy third-party obligations to
pay taxes such as the retail sales tax, use tax, and admis-
sion tax.
(19)Port District Business Activity. For the pur-
pose of the tax imposed by BMC 3.48.050(1)(a) through
(g), persons engaged in business on Port District owned
property located within and zoned by the City with an
industrial classification ("Port Property") shall be
treated in the same manner as if the Port Property were
located in unincorporated Kitsap County and therefore
exempt from the tax; however, the apportionment and
allocation, place of delivery and the appropriate tax pro-
visions of this chapter shall apply for business activity
occurring off the Port Property but within the City, also
in the same manner as if the Port Property were located
in unincorporated Kitsap County.
(20)Three (3) Year Exemption for Annexed Busi-
nesses. This chapter shall not apply to any person with
respect to a business activity conducted in an area that
has become part of the City by annexation; provided,
however, that the business premises of such person be
located in the said area on the date of annexation; and
provided further, that the exemption provided herein
shall cease at the expiration of twelve (12) full calendar
quarters following the date of such annexation. (Ord.
5384 §1, 2019: Ord. 5201 §2 (part), 2012: Ord. 5044 §2,
2008: Ord. 5028 §1 (part), 2007: Ord. 4988 §3, 2006:
Ord. 4924 §4, 2004; Ord. 4843, Added, 01/03/2003)
3.48.100 DEDUCTIONS.
In computing the license fee or tax, there may be
deducted from the measure of tax the following items:
(1) Compensation from Public Entities for Health
or Social Welfare Services - Exception. In computing
tax, there may be deducted from the measure of tax
amounts received from the United States or any instru-
mentality thereof or from the State of Washington or
any municipal corporation or political subdivision
thereof as compensation for, or to support, health or
3.48-17 (Revised 4/20)
social welfare services rendered by a health or social
welfare organization (as defined in RCW 82.04.431) or
by a municipal corporation or political subdivision,
except deductions are not allowed under this subsection
for amounts that are received under an employee benefit
plan. For purposes of this subsection, "employee benefit
plan" includes the military benefits program authorized
in 10 U.S.C. Section 1071 et seq., as amended, or
amounts payable pursuant thereto.
(2) Interest on Investments or Loans Secured by
Mortgages or Deeds of Trust. In computing tax, to the
extent permitted by Chapter 82.14A RCW, there may be
deducted from the measure of tax by those engaged in
banking, loan, security or other financial businesses,
amounts derived from interest received on investments
or loans primarily secured by first mortgages or trust
deeds on non-transient residential properties.
(3) Interest on Obligations of the State, Its Political
Subdivisions, and Municipal Corporations. In comput-
ing tax, there may be deducted from the measure of tax
by those engaged in banking, loan, security or other
financial businesses, amounts derived from interest paid
on all obligations of the State of Washington, its politi-
cal subdivisions, and municipal corporations organized
pursuant to the laws thereof.
(4) Interest on Loans to Farmers and Ranchers,
Producers or Harvesters of Aquatic Products, or Their
Cooperatives. In computing tax, there may be deducted
from the measure of tax amounts derived as interest on
loans to bona fide farmers and ranchers, producers or
harvesters of aquatic products, or their cooperatives by
a lending institution which is owned exclusively by its
borrowers or members and which is engaged solely in
the business of making loans and providing finance-
related services to bona fide farmers and ranchers, pro-
ducers or harvesters of aquatic products, their coopera-
tives, rural residents for housing, or persons engaged in
furnishing farm-related or aquatic-related services to
these individuals or entities.
(5) Receipts from Tangible Personal Property
Delivered Outside the State. In computing tax, there
may be deducted from the measure of tax under retailing
or wholesaling amounts derived from the sale of tangi-
ble personal property that is delivered by the seller to the
buyer or the buyer’s representative at a location outside
the State of Washington.
(6) Cash Discount Taken by Purchaser. In comput-
ing tax, there may be deducted from the measure of tax
the cash discount amounts actually taken by the pur-
chaser. This deduction is not allowed in arriving at the
taxable amount under the extracting or manufacturing
classifications with respect to articles produced or man-
ufactured, the reported values of which, for the purposes
of this tax, have been computed according to the "value
of product" provisions.
(7) Credit Losses of Accrual Basis Taxpayers. In
computing tax, there may be deducted from the measure
of tax the amount of credit losses actually sustained by
taxpayers whose regular books of account are kept upon
an accrual basis.
3.86-1 (Revised 4/20)
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 4/20)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. Until December 31, 2020,
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. Effective January 1, 2021,
tax payments are due on or before the time as provided
in RCW 82.32.045(1), (2), and (3).
(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. 5384 §2, 2019: 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
6.20-1 (Revised 4/20)
Chapter 6.20
CARRYOUT BAGS
Sections:
6.20.010 DEFINITIONS.
6.20.020 REGULATIONS.
6.20.030 EXEMPTIONS.
6.20.040 VIOLATIONS.
6.20.010 DEFINITIONS.
The following definitions shall apply in the inter-
pretation and enforcement of the ordinance codified in
this chapter:
(a) "Compostable" means that the product will
break down into, or otherwise become part of, usable
compost in a safe and timely manner in an appropriate
composting facility, or in a home compost pile or
device, and has been certified as compostable by the
Biodegradable Products Institute or similar national or
international certification authority.
(b) "Carryout bag" means any bag that is provided
by a retail establishment at the check stand, cash regis-
ter, point of sale or other point of departure to a cus-
tomer for use to transport or carry away purchases such
as merchandise, goods or food from the retail establish-
ment. "Carryout bags" do not include:
(1) Bags used by consumers inside stores to
package bulk items, such as fruit, vegetables, nuts,
grains, candy, greeting cards or small hardware items
such as nails, bolts or screws; to contain or wrap frozen
foods, meat or fish regardless of whether they are pre-
packaged; to contain or wrap flowers, potted plants or
other items where dampness may be a problem; to con-
tain unwrapped prepared foods or bakery goods; or to
contain prescription drugs; or
(2) A bag used to protect a purchased item
from damaging or contaminating other purchased items
when placed in a recyclable paper bag or reusable bag,
such as prepared take-out foods or prepared liquids
intended for consumption away from the retail estab-
lishment; or
(3) Newspaper bags, door-hanger bags, tire
bags, laundry-dry cleaning bags or bags sold in pack-
ages containing multiple bags for uses such as food stor-
age, garbage, pet waste or yard waste; or
(4) Paper bags with a capacity of eight (8)
pounds or less, that contain at least twenty (20) percent
postconsumer recycled material.
(c) "Recycled paper carryout bag" means a paper
carryout bag provided by a store to a customer at the
point-of-sale that meets all of the following require-
ments:
(1) Has a material weight of larger than
eight (8) pounds and contains an average of forty (40)
percent postconsumer recycled materials;
(2) Is accepted for recycling in curbside pro-
grams in a majority of households that have access to
curbside recycling programs in the City;
(3) Is capable of composting in a commercial
composting facility; and
(4) Is clearly labeled with the minimum per-
centage of postconsumer content.
(d) "Retail establishment" means any person, cor-
poration, partnership, business, facility, vender, organi-
zation or individual that sells or provides food,
merchandise, goods, or materials, directly to a customer
including home delivery, temporary stores, or vendors
at farmers markets, street fairs, and festivals.
(e) "Reusable carryout bag" means a bag made of
cloth or other material with handles that is specifically
designed and manufactured for long-term multiple reuse
and meets all of the following requirements:
(1) Has a minimum lifetime of one hundred
twenty-five (125) uses, which for purposes of this sub-
section, means the capacity of carrying a minimum of
twenty-two (22) pounds one hundred twenty-five (125)
times over a distance of at least one hundred seventy-
five (175) feet;
(2) Is machine washable or made from a mate-
rial that can be cleaned or disinfected; and
(3) If made of film plastic, is a minimum of at
least two and one-quarter (2.25) mils thick.
(f) "Single-use plastic carryout bag" means any
bag that is less than two and one-quarter (2.25) mils
thick and is made from plastic or any nonrenewable
resource.
(g) "Pass-through charge" means a charge col-
lected by retailers from their customers when providing
plastic or recycled paper carryout bags, and retained by
retailers to offset the cost of bags and other costs related
to the pass-through charge. (Ord. 5368 §2 (part), 2019)
6.20.020 REGULATIONS.
Except as provided by BMC 6.20.030, all retail
establishments within the City must comply with the
following regulations:
(a) Plastic Carryout Bags.
(1) Single-Use Plastic Carryout Bags. Retail
establishments shall not provide a single-use plastic car-
ryout bag to any customer.
(2) Reusable Plastic Carryout Bags. Retail
establishments may provide to any customer at the
point-of-sale a reusable plastic carryout bag as defined
in BMC 6.20.010(e)(3). For each reusable plastic carry-
out bag provided by the retail establishment, it shall col-
lect a pass-through charge of not less than eight cents
(Revised 4/20)6.20-2
($0.08) and such shall be clearly indicated on the cus-
tomer transaction receipt.
(b) Paper Carryout Bags. Retail establishments
shall not provide to any customer at the point-of-sale a
paper bag that is not a recycled paper carryout bag as
defined in BMC 6.20.010(c). For each recycled paper
carryout bag provided by the retail establishment, it
shall collect a pass-through charge of not less than eight
cents ($0.08) and such shall be clearly indicated on the
customer transaction receipt.
(c) Reusable Carryout Bags. Retail establishments
may make reusable carryout bags available to customers
through sale.
(d) Noncarryout Bags.
(1) Noncompostable Plastic Bags. Retail
establishments shall not use or provide to any customer
polyethylene or other noncompostable plastic film bags
tinted green or brown for customers to bag products in
stores.
(2) Compostable Plastic Bags. Any film bags
meeting the definition of compostable that retail estab-
lishments provide to customers for food or other prod-
ucts, such as vegetables bagged in stores prior to
checkout, must be tinted green or brown and shall be
clearly labeled "COMPOSTABLE," including language
following the Federal Trade Commission’s "Green
Guides." (Ord. 5368 §2 (part), 2019)
6.20.030 EXEMPTIONS.
No retail establishment may collect a pass-through
charge from anyone with a voucher or electronic bene-
fits card issued under programs including, but not lim-
ited to, Women Infants and Children (WIC); Temporary
Assistance to Needy Families (TANF); Federal Supple-
mental Nutrition Assistance Program (SNAP), also
known as Basic Food; and the Washington State Food
Assistance Program (FAP). (Ord. 5368 §2 (part), 2019)
6.20.040 VIOLATIONS.
In addition to any other violation set forth in this
chapter, any violation of BMC 6.20.020 constitutes a
civil violation under Chapter 1.04 BMC for which a
monetary penalty may be assessed and enforcement
may be required as provided therein. (Ord. 5368 §2
(part), 2019)
10.10-1 (Revised 4/20)
Chapter 10.10
PARKING CODE
Sections:
10.10.010 DEFINITIONS.
10.10.020 PARKING ADMINISTRATION.
10.10.030 NONRESIDENTIAL
RESTRICTED PARKING
ZONES.
10.10.040 RESIDENTIAL RESTRICTED
PARKING ZONES.
10.10.050 PARKING PERMITS.
10.10.060 PARKING FOR DISABLED
PERSONS.
10.10.070 PARKING VIOLATIONS.
10.10.080 ENFORCEMENT
PROCEDURES.
10.10.090 FINES AND PENALTIES.
10.10.100 FAILURE TO RESPOND -
ADDITIONAL PENALTY.
10.10.110 VEHICLE IMPOUND - OTHER
ENFORCEMENT.
10.10.120 COSTS OF IMPOUND.
10.10.130 ENFORCEMENT - EXEMPT
PERIODS.
10.10.140 APPEAL.
10.10.010 DEFINITIONS.
For the purpose of this chapter, the words and
phrases set forth in this section are defined as follows:
"Block" means the area comprised of properties
along each side of a street between two (2) intersections
or an intersection and a road end.
"BMC" means Bremerton Municipal Code.
"Boat or vessel" means every description of water-
craft used or capable of being used as a means of trans-
portation on the water including marine vehicle
(trailered or nontrailered).
"City parking facility" means City-owned or City-
controlled parking facility, including parking garages
and parking lots, whether paid or unpaid parking.
"Department" means the Department of Financial
Services, unless another department is referenced.
"Director" means Director of Financial Services or
other department director authorized by the Mayor to
enforce this chapter, or their designee, including, but not
limited to, parking enforcement officer, unless another
director is referenced.
"Downtown core" means that area in downtown
Bremerton from and including Warren Avenue east to
the waterfront and from and including 6th Street south
to the waterfront and the Puget Sound Naval Shipyard.
"Motor vehicle" means any self-propelled vehicle
such as a car, truck, van, motorcycle, or any other simi-
lar self-propelled vehicle.
"Paid parking zone" means the street, or part
thereof, within the City where parking spaces are
restricted to paid parking.
"Parking generator" means anything that signifi-
cantly increases commuter parking demand. Examples
include, but are not limited to: ferry terminals, schools,
hospitals, business districts, and military installations.
"Parking permit" means a permit issued by the City
that exempts the permit holder, when displayed prop-
erly, from the timed parking restriction in effect in the
permit holder’s restricted parking zone.
"Passenger load only zone" means a parking space
reserved for active passenger loading or unloading only.
These spaces will be marked with the time restriction
applicable to them.
"Peak parking hours" means those hours in a day
where a particular vicinity experiences the greatest
demand for parking.
"Permit only zone" means a prescribed area where
on-street parking is reserved for the exclusive use of the
permit holders in the prescribed vicinity and their visi-
tors holding a permit.
"RCW" means Revised Code of Washington.
"Recreational vehicle" means a travel trailer, motor
home, truck camper, or camping trailer that is primarily
designed and used as temporary living quarters, is either
self-propelled or mounted on or drawn by another vehi-
cle, is transient and is not immobilized or permanently
affixed to a mobile home lot and further includes a dune
buggy or off-road vehicle (trailered or nontrailered).
"Resident," as used in this chapter, refers to an indi-
vidual living in a dwelling unit or a business owner
operating a business on property owned or leased by the
business owner.
"Resident vehicle" means a motor vehicle parked in
a prescribed residential area by a resident of the area.
"Residential area" means a contiguous area con-
taining public rights-of-way or parts thereof primarily
abutted by residential property or residential use.
"Residential permit identification number" means a
residential permit identification number assigned to (1)
a specific vehicle license plate number, and (2) a dwell-
ing unit and/or business location.
"Residential restricted parking zone" means a
restricted parking zone in a residential area.
"Restricted parking zone" means an area of the City
subject to parking restrictions including time limits or
other restrictions contained in this chapter including
paid parking zones, passenger load only zones, permit
only zones and other restricted parking areas or spaces
both in residential and nonresidential areas.
"Street" means any right-of-way, highway, avenue,
lane, road, drive, place, boulevard, alley, way, sidewalk,
(Revised 4/20)10.10-2
planting or parking strip, shoulder and every way or
place in the City of Bremerton open as a matter of right
to public vehicular travel or parking or other similar
public use.
"Trailer" means every vehicle without motive
power designed to be drawn by another vehicle and
attached to the towing vehicle by means of a hitch or
other connector, and ordinarily used for transporting
items upon public rights-of-way.
"Vehicle" means motor vehicle, car, truck, vehicle,
van, tractor, bus, trailer (including boat trailer with or
without a boat situated thereon), recreational vehicle,
tractor or semi-trailer, motorcycle or boat or vessel
(trailered or nontrailered), whether licensed or unli-
censed, or motorized or nonmotorized, unless otherwise
defined.
"Visitor vehicle" means a motor vehicle parked by
a person who is visiting a resident within a residential
restricted parking zone. (Ord. 5392 §1, 2019: Ord. 5206
§2 (part), 2013)
10.10.020 PARKING ADMINISTRATION.
Collection of parking fees, maintenance of parking
meters or other collection devices, and the issuance of
parking permits shall be administered by the Depart-
ment of Financial Services, which shall promulgate pro-
cedures to administer permits as authorized in this
chapter, including processes for establishing proof of
residency; vehicle ownership, use or control; and for the
revocation of permits for misuse. Appropriate parking
fee schedules, permit fees and related services as well as
fines and penalties for violations shall be set by the City
Council and are set forth in Chapter 3.01 BMC. Fees
may be collected by the use of parking meters, pay
boxes or other devices and through the issuance of park-
ing permits authorized by this chapter. The Director
shall, in a manner consistent with this chapter, establish,
locate and post parking restrictions within the City
rights-of-way where required to regulate parking. (Ord.
5206 §2 (part), 2013)
10.10.030 NONRESIDENTIAL RESTRICTED
PARKING ZONES.
The creation, deletion or boundary changes of
restricted parking zones as defined in BMC 10.10.010 in
nonresidential areas may be initiated either:
(1) By the decision of the Director following a
finding by the Director of Public Works and Utilities, or
designee, that the change is in the best interest of the
community and will improve the health, safety or wel-
fare of the community; or
(2) By motion, resolution or ordinance of the City
Council as deemed appropriate. (Ord. 5206 §2 (part),
2013)
10.10.040 RESIDENTIAL RESTRICTED
PARKING ZONES.
(a) Creation. The creation, deletion or boundary
changes or time change of residential restricted parking
zones as defined in BMC 10.10.010 may be initiated
either:
(1) By a verified petition of property owners
as provided for in subsection (b) of this section for either
a one (1), two (2), three (3), or four (4) hour parking
restriction time period; or
(2) By the decision of the Director following
a finding by the Director of Public Works and Utilities,
or designee, that the change is in the best interest of the
community and will improve the health, safety or wel-
fare of the community; or
(3) By motion, resolution or ordinance of the
City Council as deemed appropriate.
The City Council may, at any time, create a residen-
tial restricted parking zone or it may delete or change the
boundary of a residential restricted parking zone created
pursuant to subsections (a)(1) and (2) of this section.
(b) Petitions. Property owners in a residential area
as defined in BMC 10.10.010 may seek to create, delete
or change the boundary of a residential restricted park-
ing zone or to change a parking restriction time period
to a new parking restriction time period that is autho-
rized in subsection (a)(1) of this section by submitting a
verified petition of at least two-thirds (2/3) of the prop-
erty owners of each parcel of property located within the
block indicating support for the change. Upon submittal
of a verified petition, the Director of Public Works and
Utilities must make a finding that:
(1) There is an identifiable parking generator;
(2) It appears that seventy-five percent (75%)
or more of the parking spaces located on the petitioning
block are being used at peak parking hours;
(3) The conditions described in subsections
(b)(1) and (2) of this subsection exist on at least three (3)
contiguous blocks;
(4) Whether the proposed parking restriction
time period is appropriate; and
(5) The parking restriction time period being
changed has been in effect for at least one year.
(c) Appeal. Appeals relating to the creation, dele-
tion, boundary change or change of a parking restriction
time period to a new parking restriction time period of a
residential restricted parking zone may be made by a
property owner within the designated permit area to the
Municipal Court Hearing Examiner pursuant to BMC
10.10.140. The right to appeal exists only when such
creation, deletion, boundary change or time change was
completed under subsection (a)(1) of this section by a
verified petition or subsection (a)(2) of this section by a
Director’s decision. If such creation, deletion, boundary
change or time change is subject to appeal, the City
10.10-3 (Revised 4/20)
Clerk shall post notice in the particular residential area
of the future location and boundaries of the proposed
residential restricted parking zone and of the right of the
property owner to appeal the designation within seven
(7) working days. A timely appeal will stay the action
until the Municipal Court Hearing Examiner’s review
and decision. The Hearing Examiner shall be authorized
to deny the creation, deletion, boundary change or time
change if he/she determines that significant errors were
made in the process that created a substantial likelihood
that the creation, deletion, boundary or time change
would have failed had proper procedures been followed
or if he/she determines that the creation, deletion or
boundary change is not in the best interest of the com-
munity.
The change shall be enforceable following the expi-
ration of the appeal period or at such time as any appeal
filed is denied. Until such time, the parking restriction
previously in place, if any, shall continue.
(d) Posting.
(1) If the creation, deletion, boundary change
or time change is subject to appeal under subsection (c)
of this section, the creation, deletion, boundary change
or time change shall become effective at such time as
notice is posted in the affected area of the location and
boundaries of the residential restricted parking zone,
and either:
(i) The seven (7) working day appeal
period has expired without an appeal being filed; or
(ii) At such time as a decision of the
Hearing Examiner is issued on an appeal filed under
subsection (b) of this section.
(2) If the creation, deletion, boundary change
or time change is not subject to appeal under subsection
(c) of this section, the creation, deletion, boundary
change or time change shall become effective upon
posting of applicable parking restriction signage in the
residential restricted parking zone.
(e) Permit Only Zone. Effective April 1, 2013,
permit only zones cannot be created nor can their
boundaries be changed by petition. Permit only zones in
effect on January 1, 2013, are grandfathered and may
remain in effect or be deleted by petition. The City
Council may, at any time, create, delete or change the
boundary of a permit only zone. (Ord. 5206 §2 (part),
2013)
10.10.050 PARKING PERMITS.
(a) Residential Parking Permits. Residential park-
ing permits may be issued to park in a residential
restricted parking zone as follows:
(1) Residential parking permits will only be
issued to applicants who are:
(i) A legal resident of the residential
restricted parking zone who has a motor vehicle regis-
tered in his or her name, or who has a motor vehicle for
his or her exclusive use and under his or her control; or
(ii) A person who owns or leases com-
mercial property and actively engages in business activ-
ity within a residential restricted parking zone;
(2) Residential parking permits may be issued
for motor vehicles not exceeding twenty-two (22) feet in
length or having a maximum gross vehicle weight in
excess of ten thousand (10,000) pounds;
(3) Parking in a residential restricted parking
zone is restricted to parking within two (2) blocks of the
dwelling unit or business location assigned to the resi-
dential permit or to any other area as designated by the
Director; and
(4) Permits will be issued for one (1) year
terms and be renewed upon expiration conditioned upon
meeting the residency requirements for a permit. There
shall be a limit of two (2) residential parking permits
issued per dwelling unit/business location, unless park-
ing availability allows a greater number not to exceed
four (4) permits per dwelling unit as determined by the
Director in his or her sole discretion.
(b) Visitor Parking Permits. Visitor parking per-
mits are authorized for residents of a residential
restricted parking zone for bona fide transient use for
visitors to the residence. No dwelling unit or place of
business located in a residential restricted parking zone
shall be issued more than one (1) visitor permit. It shall
be the responsibility of the resident to control the use of
the permit. Bona fide transient uses include: visiting
guests, babysitters, repair persons and other similar vis-
itors. The following is prohibited:
(1) Parking in excess of seven (7) days within
any thirty (30) day period unless approved administra-
tively prior to such use; or
(2) Parking more than one (1) block from the
permitted residence; or
(3) Use of visitor permits by residents for the
residents’ vehicles. Visitor permits shall only be used
for visitor vehicles.
(c) Service Parking Permits. Service parking per-
mits may be issued, on a short term temporary basis, for
parking of vehicles on a street for a period of time
exceeding a parking restriction time period established
in BMC 10.10.030 and 10.10.040(a) when necessary.
Service parking permits may be issued to landlords or
their contractors for building improvements, individuals
working in a home service industry (home health care,
etc.), or for other short-term use for the providing of ser-
vices to a residence or to a business in a residential
restricted parking zone or a nonresidential restricted
parking zone. Service parking permits, and any exten-
sions thereto, shall be issued for a period not to exceed
thirty (30) days unless the Director determines that a
(Revised 4/20)10.10-4
longer period is warranted. The City may require proof
of ongoing continuous work and of a City business or
landlord license, as applicable, as a condition to main-
taining or extending a valid permit. The following is
prohibited:
(1) Parking more than two (2) blocks from the
permitted dwelling unit.
(d) Recreational Vehicles. Residential permits
may be issued for recreational vehicle parking as fol-
lows:
(1) The parking permit shall be valid for a
period of time not exceeding forty-five (45) days during
a calendar year;
(2) Parking during the permit term shall not
exceed five (5) consecutive days in the same location;
and
(3) Recreational vehicles are prohibited from
parking more than two (2) blocks from the permitted
dwelling unit.
(e) Display. Parking permits shall state thereon the
restricted parking zone, the permit holder’s residential
permit identification number and the expiration date.
Permits shall be displayed so as to be clearly visible
through the rear window of the vehicle on the left side
thereof or the front windshield on the left side when nec-
essary. A parking permit shall not guarantee or reserve
to the holder thereof an on-street parking space within
the designated residential parking area.
(f) The Director may establish policies for the
issuance of parking permits. Parking permits may be
issued throughout different times of the year based on
zones or other criteria.
(g) Permits issued pursuant to this section are not
subject to the parking restriction time periods such as
one (1), two (2), three (3), or four (4) hour parking set
forth in BMC 10.10.030 and 10.10.040(a); however,
they are subject to the five (5) day parking restriction set
forth in BMC 10.10.070(b)(1) unless otherwise permit-
ted with a temporary parking permit pursuant to BMC
10.10.070(b)(4). (Ord. 5392 §2, 2019: Ord. 5206 §2
(part), 2013)
10.10.060 PARKING FOR DISABLED
PERSONS.
(a) As authorized pursuant to RCW 46.61.582, a
person who has received a current and valid special dis-
abled person’s card, decal or license plate from the
Washington State Department of Licensing under RCW
46.19.050 shall be allowed to park a vehicle being used
to transport such person in parking meter spaces free of
charge and in nonmetered spaces for unlimited periods
of time in parking zones or areas which are otherwise
restricted as to the length of time parking is permitted
except as otherwise provided in subsection (b) of this
section. This section shall have no application to those
zones or areas in which the stopping, parking or stand-
ing of all vehicles is prohibited or which are reserved for
special types of vehicles. Such person shall not be per-
mitted the foregoing privilege unless the person obtains
and displays a distinguishing card, decal, or license plate
issued pursuant to RCW 46.19.050.
(b) No person shall stop, stand or park a vehicle in
a parking space reserved for disabled persons provided
on street or on private property without charge without
obtaining and displaying a special license plate, card, or
decal issued pursuant to RCW 46.19.050, provided, pur-
suant to RCW 46.19.050, a time limitation of four (4)
hours is imposed on the use of such parking spaces for
on-street parking when so signed and a time restriction
of four (4) hours is imposed on the use of nonreserved,
on-street parking spaces by vehicles displaying the spe-
cial parking placards when such time restriction is
clearly posted.
(c) A parking space or stall for a disabled person
shall be identified as described in RCW 46.61.581,
including fine, time limitation (if applicable), and tow-
away information. Notwithstanding any provision in
this chapter, in accordance with RCW 46.61.581, failure
of the person owning or controlling the property where
required parking spaces are located to erect and main-
tain the sign is a Class 2 civil infraction under Chapter
7.80 RCW for each parking space that should be so des-
ignated. The person owning or controlling the property
where the required parking spaces are located shall
ensure that the parking spaces are not blocked or made
inaccessible, and failure to do so is a Class 2 civil infrac-
tion.
(d) No person shall make inaccessible the access
aisle located next to a space reserved for physically dis-
abled persons.
(e) Special Plate, Card or Decal Issued by Another
Jurisdiction. RCW 46.61.583 is hereby adopted by ref-
erence. (Ord. 5206 §2 (part), 2013)
10.10.070 PARKING VIOLATIONS.
In addition to those statutes set forth in the Wash-
ington Model Traffic Ordinance as adopted pursuant to
Chapter 10.04 BMC restricting standing, stopping and
parking of vehicles, it shall be unlawful and punishable
as a civil infraction for any person to commit any of the
following actions:
(a) Parking in Time Limit and No Repark Zones.
(1) Downtown Core. Where a time limit and
no reparking is established by official signs, no vehicle
may be reparked on either side of the same named street
(i.e., Pacific Avenue or 5th Street) in the downtown core
during the same calendar day after the expiration of the
posted time limit. For purposes of this section, a vehicle
shall be deemed to be reparked and in violation of this
section even if the vehicle is moved prior to the expira-
10.10-5 (Revised 4/20)
tion of the posted time limit and is reparked on either
side of the same named street.
(2) Residential. Where posted, it is unlawful
for a vehicle to remain parked, or to be reparked within
four (4) blocks of the original parking location within a
restricted parking zone, if the parking time or combined
parking time for the vehicle exceeds the time limitations
of the parking zone. Vehicles issued permits under
Chapter 10.10 BMC shall be exempt from posted time
limits according to the terms of the permit; however,
they will not be exempt from the time restrictions set
forth in subsections (b)(1), (2) and (3) of this section.
(b) Parking or Storage of Vehicles within Street.
Except when otherwise provided by subsection (b)(4) of
this section, the parking or storage of vehicles within
any street shall be subject to the following parking
restrictions in addition to other parking restrictions set
forth in this chapter:
(1) Time Restriction – No Repark. The park-
ing or storage of any vehicle in the same parking loca-
tion on a street in excess of five (5) consecutive calendar
days without movement shall be unlawful. If any time
after the initial five (5) consecutive calendar day period
the vehicle is still parked in the same location on the
street in violation of the five (5) day parking restriction
and is then reparked on the same street within the same
block for any period of time up to twenty-four (24)
hours, it shall be considered to be parked in the same
location within the street and therefore still in violation
of the five (5) day parking restriction.
(2) Recreational Vehicles, Boats or Vessels,
and Trailers – Additional Restrictions. No person shall
park any recreational vehicle, boat or vessel, or trailer,
as defined in BMC 10.10.010 on any street for longer
than twenty-four (24) hours, unless such activity is
authorized pursuant to a temporary permit pursuant to
subsection (b)(4) of this section or to a residential permit
pursuant to BMC 10.10.050(d). If any time after the ini-
tial unpermitted twenty-four (24) hour period the vehi-
cle is still parked in the same location on the street in
violation of the twenty-four (24) hour parking restric-
tion and is then reparked on the same street within the
same block for any period of time up to twenty-four (24)
hours, it shall be considered to be parked in the same
location within the street and therefore still in violation
of the twenty-four (24) hour parking restriction.
(3) Oversized Vehicles – Additional Restric-
tions. The City Council finds that the parking and stor-
age of commercial trucks, vans, tractor trailers, and
semi-trailers, or combination thereof, exceeding twenty-
two (22) feet in length (including any attached trailer) or
with a maximum gross vehicle weight exceeding ten
thousand (10,000) pounds presents unacceptable risks
and hazards to public health, safety, and welfare when
such vehicles are parked or stored on any street at times
when such vehicles are not engaged in business or com-
mercial activity. Accordingly, no commercial truck,
vehicle, van, trailer, or semi-trailer, or combination
thereof exceeding twenty-two (22) feet in length
(including any attached trailer) or with a maximum
gross vehicle weight exceeding ten thousand (10,000)
pounds, whether licensed or unlicensed, may be stored
or parked upon any street for longer than twenty-four
(24) hours, unless such activity is authorized pursuant to
a temporary permit pursuant to subsection (b)(4) of this
section.
(4) Temporary Parking Permits – Exception
to Time Restrictions. A vehicle may park on a street for
a period of time that exceeds the time restrictions set
forth in this section, as well as any parking restriction
time period established in BMC 10.10.030 and
10.10.040(a) if it has been specifically permitted, on a
temporary short-term limited basis and for the period of
time permitted. Such a permit may be issued:
(i) To a resident when necessary such as
when the resident will be out of town or some other sim-
ilar short term use;
(ii) With a public works right-of-way per-
mit or other similar City or state authorization for con-
struction or other related public purpose; or
(iii) When otherwise authorized by the
Director for good reason.
(c) Unauthorized Disabled Parking. It is a traffic
infraction for any person to park a vehicle in a public
place provided on private property without charge or on
public property reserved for physically disabled persons
without a placard or special license plate as provided for
in BMC 10.10.060 and RCW 46.19.050. If a person is
charged with a violation, the person shall not be deter-
mined to have committed an infraction if the person pro-
duces in court or before the court appearance the placard
or special license plate required under this section.
Additionally, it is a traffic infraction pursuant to subsec-
tion (a) of this section for any vehicle displaying the
placard or special license plate as provided for in BMC
10.10.060 and RCW 46.19.050 to violate any time
restrictions imposed on nonmetered, on-street parking
places reserved for persons with physical disabilities as
well as nonreserved, on-street parking spaces.
(d) Parking on City Property. A motor vehicle
parking or standing on property owned, leased, or oper-
ated by the City is subject to the following restrictions:
(1) Only motor vehicles belonging to persons
who work for the City, who are transacting business
with the City or who otherwise have specific permission
from the City may be parked upon such property; and
(2) Where pavement markings or signs desig-
nate parking stalls on such property, all motor vehicles
(Revised 4/20)10.10-6
must be parked within such stalls and not elsewhere on
such property, unless otherwise authorized by the City;
and
(3) Where a parking stall or stalls are desig-
nated by pavement markings or signage, any motor
vehicle parked in these stalls must be parked within the
designated limits of the parking space as indicated.
(e) Parking against Traffic. Except when other-
wise provided by City code, ordinance or resolution, it
shall be unlawful for any vehicle to stop or park on a
street unless:
(1) Stopped or parked parallel (or at an angle
when authorized) to the traveled portion of the street;
(2) In the direction of authorized traffic move-
ment of the street immediately adjacent thereto; and
(3) Within twelve (12) inches of the curb or as
close as practicable to the edge of the shoulder.
In the event of a conflict between the provi-
sions of subsection (m) of this section and RCW
46.61.575 adopted as part of the Washington Model
Traffic Ordinance pursuant to Chapter 10.04 BMC, the
provisions of this subsection shall apply.
(f) Expired Registration. It is unlawful to park any
vehicle on a street or on public property without valid,
current vehicle license plates or registration tab dis-
played according to law.
(g) Inoperable Motor Vehicle. It is unlawful to
park or store an inoperable motor vehicle on a street or
on public property. For purposes of this subsection, an
"inoperable motor vehicle" is defined as a motor vehicle
which is:
(1) By any reason of dismantling, disrepair, or
other cause is incapable of being propelled under its
own power;
(2) Unsafe for operation on the streets and
highways of this state due to inability to comply with the
Washington Model Traffic Ordinance as adopted pursu-
ant to Chapter 10.04 BMC; or
(3) Damaged to such extent as to render it ille-
gal for operation on any street, including but not limited
to any of the following: broken head or taillights, broken
or missing mirrors, cracked or missing window or wind-
shield, deflated tires, missing seats or steering wheel or
other general conditions that would render a vehicle
incapable of being driven on a public highway.
(h) Junk and Abandoned Vehicles. Enforcement
of junk and abandoned vehicles may be pursuant to
Chapter 46.55 RCW adopted as part of the Washington
Model Traffic Ordinance pursuant to Chapter 10.04
BMC.
(i) Counterfeit Permits. It is unlawful for any per-
son to copy, reproduce, or otherwise counterfeit a park-
ing permit or to possess any counterfeit copy or
facsimile of a City parking permit.
(j) Unauthorized Use of Permit. It is unlawful for
any person issued a parking permit by the City to:
(1) Lend, sell or assign said permit to another;
(2) Display any permit issued to another; or
(3) Display any permit issued when the recip-
ient of the permit is no longer eligible pursuant to this
chapter.
(k) Tampering with Parking Meters or Collection
Devices. No person shall deface, injure, tamper with,
open, or willfully break, destroy, or impair the useful-
ness of any parking meter or collection device.
(l) Unlawful Parking in City Lot. In addition to
other enforcement remedies, it is unlawful to park any
vehicle on a City-owned parking lot or structure without
paying the posted fee or parking in excess of posted time
limits or in violation of use restrictions.
(m) Obliterating Tire Markings. It is unlawful to
conceal, obliterate, or erase markings on vehicle tires
made by a parking enforcement officer for the purpose
of recording parking time.
(n) False Application. It is unlawful for any person
to intentionally provide false or misleading information
on any application for a parking permit.
(o) Failure to Surrender Permit. The Director is
authorized to revoke the residential parking permit of
any person found to be in violation of its intended use.
Upon written notification of permit revocation by the
Director, it shall be unlawful for any person to fail to
surrender a parking permit as directed.
(p) Parking Fee – Nonpayment. It is unlawful to
park a vehicle in any parking space monitored by a park-
ing fee collection device, including parking meters,
without payment as indicated on the collection device.
(q) Parking Fee – Time Permitted. It is unlawful to
park a vehicle in any parking space monitored by a col-
lection device, including parking meters, for a consecu-
tive period of time longer than that limited period of
time for which parking is lawfully permitted in the time
zone, irrespective of the amount of money deposited in
such collection device.
(r) Habitation in Vehicles. No person shall park
and/or occupy any vehicle on any street for the purpose
of habitation in such vehicle. For purpose of this section,
habitation means to camp, live or occupy within such
vehicle for residential purposes. (Ord. 5392 §3, 2019:
Ord. 5206 §2 (part), 2013)
10.10.080 ENFORCEMENT PROCEDURES.
(a) Enforcement Officer. The parking regulations
set forth in this chapter and the Washington Model Traf-
fic Ordinance as adopted pursuant to Chapter 10.04
BMC shall be enforced by the:
(1) City’s police officers and other law
enforcement officers; and/or
10.10-6.1 (Revised 4/20)
(2) City’s parking enforcement officers, as
applicable.
The City’s parking enforcement officers include
parking enforcement officers with limited commission
as set forth in subsection (d) of this section and those
City officials authorized by the Director of Financial
Services or by the Director of Public Works and Utilities
to enforce provisions of this chapter.
(b) Notice of Infraction. If any vehicle is found
parked, standing, or stopped in violation of this chapter,
or otherwise violates the provisions of this chapter, the
enforcement officer finding the vehicle shall take its
license number and may take any other information dis-
played on the vehicle which may identify its user and
shall conspicuously affix to the vehicle a notice of park-
ing infraction. A notice of parking infraction represents
a determination that a parking infraction has been com-
mitted.
(c) Registered Owner - Responsible for Violation.
In any parking violation case involving an infraction
relating to the stopping, standing, or parking of a vehi-
cle, the registered owner of the vehicle shall be respon-
sible for the violation unless the registered owner can
provide proof that the vehicle was sold or stolen or other
similar event in which the registered owner had no
direct or indirect control of the vehicle.
(d) Limited Commission Officers. The City’s
Police Department is authorized to appoint parking
enforcement officers with a limited commission to issue
notices of infractions for violations of the City’s parking
regulations. (Ord. 5206 §2 (part), 2013)
10.10.090 FINES AND PENALTIES.
Unless specifically set forth elsewhere in this chap-
ter, the fines and penalties for parking violations of the
provisions of this chapter and provisions of the Wash-
ington Model Traffic Ordinance as adopted pursuant to
Chapter 10.04 BMC, defined as an infraction, shall be
pursuant to Chapters 3.01 and 10.04 BMC. (Ord. 5206
§2 (part), 2013)
15.06-1 (Revised 4/20)
Bremerton Municipal Code 15.06.020
Chapter 15.06
ASSESSMENTS, RATES, FEES AND CHARGES
Sections:
15.06.010 PURPOSE.
15.06.015 ASSESSMENTS, RATES, FEES
AND CHARGES -
ESTABLISHED.
15.06.020 SERVICE CONNECTION AND
EXPANSION FEES AND
CHARGES.
15.06.025 SEWER CONSERVATION
LOAN PROGRAM.
15.06.030 RATES - WATER.
15.06.040 RATES - WASTEWATER.
15.06.050 RATES - STORMWATER.
15.06.060 MISCELLANEOUS FEES AND
CHARGES.
15.06.010 PURPOSE.
This chapter provides for the establishment of fees,
rates, and other charges for connection to or utilization
of the utility system, for providing utility service,
administration and maintenance of utility accounts, and
for the operation, maintenance, repair, and improve-
ments of the utility system. Fees, rates, and other service
charges shall include, but not be limited to, general
facility charges, connection charges, utility service
rates, account maintenance charges, plan check, and
system development fees and charges. All fees, rates,
and charges for service outside the City limits, with the
exception of general facility charges, will be assessed at
a charge of one hundred fifty percent (150%) of the City
rate for wastewater and one hundred fifty percent
(150%) of the City rate for water. (Ord. 5382 §1, 2019:
Ord. 5250 §1 (in part), 2014: Ord. 4729, Reaffirmed,
11/30/2000; Ord. 4675, Amended, 11/30/1999; Ord.
4454 §1 (in part), 1994; Ord. 4309 §2 (in part), 1991)
15.06.015 ASSESSMENTS, RATES, FEES
AND CHARGES - ESTABLISHED.
(a) Assessments, rates, fees, and charges for ser-
vices relating to the Department for water, wastewater,
stormwater utilities, and other related services are on
file with the City Clerk and posted on the City of
Bremerton’s website. See Chapter 3.01 BMC for the
link to the City of Bremerton’s website for rates and
fees.
(b) Commencing on January 1, 2018, and on Janu-
ary 1st of each successive year thereafter, the estab-
lished utility rates, fees and charges identified in
Chapter 3.01 BMC, not otherwise adjusted by the City
Council during the previous six (6) month period, shall
automatically be adjusted as follows:
(1) The utility GFCs shall be adjusted upward
to the nearest dollar based upon the most current ENR
(Engineering News-Record) Construction Cost Index -
20 City Average; and
(2) All other utility rates, fees and charges
shall be adjusted upward to the nearest dollar based on
the most current Consumer Price Index for All Urban
Consumers, Seattle. (Ord. 5382 §2, 2019: Ord. 5321 §5,
2017: Ord. 5250 §1 (in part), 2014: Ord. 5131 §1, 2010:
Ord. 5103 §3, 2010; Ord. 5070 §1, 2008; Ord. 5051 §1
(Exh. A), 2008; Ord. 5030 §1 (Exh. A), 2007; Ord. 5026
§2 (Exh. A), 2007; Ord. 4990 §1 (Exh. A), 2006; Ord.
4961 §1 (Exh. A), 2005; Ord. 4956 §1 (Exh. A), 2005;
Ord. 4909 §§5, 7, 2004; Ord. 4881 §1, 2003; Ord. 4827,
Amended, 11/29/2002; Ord. 4794, Amended,
05/07/2002; Ord. 4766, Amended, 08/24/2001; Ord.
4735, Reaffirmed, 11/30/2000; Ord. 4729, Reaffirmed,
11/30/2000; Ord. 4685, Amended, 12/28/1999; Ord.
4675, Added, 11/30/1999)
15.06.020 SERVICE CONNECTION AND
EXPANSION FEES AND
CHARGES.
(a) General Facility Charge.
(1) A general facility charge (GFC) shall be
charged on all new or expanded service connections to
the utility system (water, wastewater, and stormwater).
Existing approved connections for water and wastewa-
ter within the system shall be considered to have paid
their proportionate share of the GFC for existing use.
Surface area impact for stormwater as of October 7,
2004, shall also be considered to have paid their propor-
tionate share of GFC for existing use.
(2) The utility GFCs shall be adjusted annu-
ally as set forth in BMC 15.06.015 in addition to any
other adjustments that may be made by the City Council.
GFCs shall not vest. Any vesting requirements set forth
in the Bremerton Municipal Code, including, but not
limited to, BMC 20.12.170, do not apply to utility
GFCs. GFCs shall be paid at the current rate in effect at
the time payment is made.
(3) Parcels and/or facilities which have had
utility services but have been inactive can request to
have the inactive account reactivated. When the account
is restored and/or expanded, the GFCs shall only be
charged for the additional demand placed on the water,
wastewater, or stormwater facilities. All appropriate
GFCs (water/wastewater/stormwater) will need to be
paid to reactivate the services.
(4) Parcels and/or facilities in which no utility
services are present shall be defined as new undevel-
(Revised 4/20)15.06-2
15.06.025
oped parcels and shall receive no credits and shall pay
all applicable assessments, rates, fees, and charges.
(5) Utility services are considered to be pres-
ent if a water service or a sewer lateral is physically in
place and historically served that parcel. Parcels that
have utility services currently present, but their facilities
have been removed and new facilities constructed, will
not have to pay additional GFCs, unless the meter size
is increased.
(6) Change of meter size for the parcel and/or
facility, or change of IHSU, which is a reduction in
GFCs will not be refunded or credited.
(7) Change of meter size for the parcel and/or
facility which is an increase of GFCs will require the
customer to pay for the additional GFCs before work is
performed. Similarly, an increase in surface area impact
for stormwater shall require the customer to pay the net
increase in IHSU before work is performed.
(8) The calculation of the GFC for stormwater
shall be based on the total number of IHSUs added to the
parcels.
(9) The calculation of the GFC for water shall
be based on the meter size to be installed for a new or
expanded water service.
(10)The calculation of the GFC for wastewater
shall be based on the meter size to be installed for the
new or expanded water service.
(11)The calculation of GFCs for stormwater
shall be based on the number of impervious/hard surface
units (IHSUs) as defined in BMC 15.01.020. However,
all single-family residential parcels as defined in BMC
15.01.020 shall be one (1) IHSU.
(12)All GFCs shall be assessed and paid at the
time of execution of the utility service agreement, prior
to making any water, sewer, or storm service connec-
tion, and shall be in addition to rates and other fees,
assessments, and charges established for utility service.
(13)Payment of GFC fees for improvements
common to multiple parcels on a plat may be propor-
tionally allocated among those parcels with payment
deferred as approved by the Director at his or her discre-
tion through a written agreement with the customer.
Any deferment shall be in a written agreement recorded
on the property. The agreement shall require that all
deferred GFCs and related fees and costs be paid prior
to issuance of building permits. In consideration for the
deferral, the customer shall pay the current GFC in
effect at the time of payment, as set forth in BMC
15.06.015, as well as any outstanding recording fees and
other fees and costs related to the deferral agreement.
(b) Connection/Inspection Fee. A connec-
tion/inspection fee shall be charged for all service con-
nections to the utility system. Additional fees may be
charged if a reinspection is required as a result of the
property owner/developer’s failure to comply with the
correction notice from a prior inspection, inaccessibility
of facilities for scheduled inspections, or an unsafe site.
The connection/inspection fee shall be paid at the time
of execution of the utility service agreement, prior to
making any water, sewer, or storm service connection.
(c) Capital Reserves. The general facility funds
collected under this chapter shall be deposited in the
Utilities Capital Reserve Fund and used only for utility
system capital improvements. (Ord. 5376 §5, 2019: Ord.
5371 §1, 2019: Ord. 5321 §6, 2017: Ord. 5288 §2, 2015:
Ord. 5250 §1 (in part), 2014: Ord. 4909 §6, 2004; Ord.
4729, Reaffirmed, 11/30/2000; Ord. 4675, Amended,
11/30/1000; Ord. 4512 §3, 1995; Ord. 4496 §2, 1995;
Ord. 4454 §1 (in part), 1994; Ord. 4309 §2 (in part),
1991)
15.06.025 SEWER CONSERVATION LOAN
PROGRAM.
(a) Property owners who meet the requirements of
this section may qualify for a loan known as a sewer
conservation loan pursuant to RCW 35.67.360. A sewer
conservation loan under this section is a loan from the
City to a property for all, or a portion, of the GFC estab-
lished under BMC 15.06.020 and any inspection fees
related to connection to the City’s wastewater system.
The principal amount of the loan authorized by this sec-
tion shall not exceed the amount of the GFC, together
with inspection fees.
(b) In order for a property owner to qualify for a
loan under this section, the property to which the con-
nection is to be made must be:
(1) Within the City’s wastewater system;
(2) A developed lot with an existing single-
family home; and
(Revised 4/20)
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 HIGH DENSITY RESIDENTIAL (R-40)
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."
20.40-3 (Revised 4/20)
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 4/20)20.40-4
20.40.200
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. 5390 § 2, 2019; 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)
High Density Residential (R-40)
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
20.46-1 (Revised 4/20)
Bremerton Municipal Code 20.46.010
Chapter 20.46
SPECIAL DEVELOPMENT STANDARDS
Sections:
20.46.010 ACCESSORY DWELLING
UNITS.
20.46.020 FENCES AND WALLS.
20.46.030 HOME OCCUPATIONS.
20.46.040 MANUFACTURED HOMES.
20.46.050 RECREATIONAL VEHICLE ON
A PRIVATE LOT.
20.46.060 DISH ANTENNAS.
20.46.070 ADAPTIVE REUSE OF
COMMERCIAL BUILDINGS.
20.46.080 MINERAL RESOURCE
OVERLAY.
20.46.090 TEMPORARY ENCAMPMENT
PERMIT.
20.46.110 ADULT ENTERTAINMENT
BUSINESSES.
20.46.140 WIRELESS
COMMUNICATIONS
FACILITIES.
20.46.150 PUBLIC UTILITY FACILITIES.
20.46.160 PUBLIC DISTRIBUTION/
TRANSMISSION FACILITIES.
20.46.010 ACCESSORY DWELLING UNITS.
An accessory dwelling unit (ADU) may be permit-
ted where a new or existing single-family dwelling unit
(hereafter, "principal unit") is allowed. Accessory
dwelling units are exempt from density requirements
and shall be subject to the following requirements:
(a) An ADU shall comply with the development
standards of the underlying zone for the principal unit
including setbacks, height, and lot coverage or BMC
20.44.060, accessory structures setbacks for detached
ADUs.
(b) An ADU may be attached or detached from the
principal unit.
(c) Only one (1) ADU may be created per lot. The
lot shall only contain one (1) single-family dwelling unit
and one (1) ADU.
(d) Manufactured homes may be allowed as an
accessory dwelling unit provided it complies with the
design criteria of ADUs and must comply with BMC
20.46.040, manufactured home provisions, excluding
BMC 20.46.040(a)(2) and (6) regarding size and roof
pitch.
(e) An ADU shall be subordinate to the principal
unit. The ADU shall be limited to not more than sixty
(60) percent of the principal unit’s total habitable floor
area with the following exception:
(1) To encourage the compact infill develop-
ment and use of existing single-family homes, if a resi-
dence that was constructed or remodeled prior to
January 1, 2017, is proposed to be divided into a princi-
pal unit and an ADU, the Director may allow equal
square footage for the principal unit and the ADU if the
ADU is located completely on a single floor of the exist-
ing residence. This does not apply to detached ADUs.
(f) Any ADU shall be designed so that the appear-
ance of the building remains that of a single-family res-
idence and should architecturally blend into the existing
neighborhoods through careful design. Unless the ADU
is limited to only interior remodeling of an existing sin-
gle-family dwelling, a proposed ADU shall meet the fol-
lowing design standards:
(1) Exterior Finish. The exterior of an ADU
shall have siding and roofing which in color, material
and appearance are comparable to the predominant
materials of the primary dwelling unit and/or character-
istics of the neighborhood.
(i) Roofing. A roof of equal or greater
pitch as the principal unit.
(ii) Eaves. The minimum projection is
twelve (12) inches.
(2) Detailed Design. All ADUs shall provide
detailed design using at least four (4) of the following
architectural features:
(i) Trim to denote all building’s roof
lines, porches, windows and doors that is at least three
(3) inches wide;
(ii) Dormers;
(iii) Gables;
(iv) Recessed entries;
(v) Covered porch entries;
(vi) Offsets in building face or roof (min-
imum sixteen (16) inches);
(vii)Bay windows;
(viii)Decorative cornices and roof lines;
(ix) Shutters;
(x) Brickwork, masonry or stucco;
(xi) Any alternative feature providing
visual relief similar to the options listed above provided
it must be approved by the Director.
(g) The entrance to an attached ADU shall not be
on the same facade of the structure as an entrance to the
principal unit. Exterior stairway shall not be constructed
on the street-frontage side of the principal dwelling unit.
(h) Accessory dwelling units shall provide one (1)
off-street parking space in addition to that which is
required for the principal unit. When adding an ADU,
all driveways and areas used for loading, parking, and
maneuvering vehicles on the parcel shall have a paved
surface.
(Revised 4/20)20.46-2
20.46.020
(i) When development of an ADU is for people
with disabilities, the Director may allow reasonable
deviation from the stated requirements to install features
that facilitate accessibility such as those required by the
International Building Code.
(j) An ADU shall be required to be served by City
water and sewer or an approved septic system.
(k) The property owner, which shall include title-
holders and contract purchasers, must occupy either the
principal unit or the ADU as their permanent residence
for all twelve (12) months of the year.
(l) An ADU shall have a deed restriction recorded
with the Kitsap County Auditor to indicate the presence
of the ADU, the requirement of owner occupancy, and
other standards for maintaining the unit as described
above. (Ord. 5330 §3, 2017: Ord. 5301 §3 (Exh. B)
(part), 2016: Ord. 5008 §4, 2007: Ord. 4950 §8 (Exh. A)
(part), 2005)
20.46.020 FENCES AND WALLS.
(a) Fences and walls shall observe the following
height and setback requirements:
(1) Residential Zones.
(i) Maximum height shall be six (6) feet.
(ii) Maximum height within the front
yard setback area shall be four (4) feet.
(iii) On corner lots with a specified front
yard setback on each street frontage, both frontages will
require a height of no more than four (4) feet.
(iv) To obtain a six (6) foot high fence on
a corner lot, a fence permit is required. The Director can
determine that the street frontage of the residence’s prin-
cipal orientation is a "primary frontage" and may permit
a six (6) foot maximum height fence in the yard on the
other (secondary) frontage only if all of the following
conditions are met:
(A) The higher fence will not block
any existing front yard views from an adjoining resi-
dence with its principal orientation to that same street;
(B) The higher fence will not be
closer to the residence’s front property line on the street
of principal orientation than the closest part of the front
facade of the residence;
(C) The higher fence will not
encroach into the front yard of the primary frontage
where the maximum height limit in subsection (a)(1)(ii)
of this section takes precedence.
(v) Six (6) foot tall side yard fences may
not project into the front yard setback except when the
house’s front facade is within the front yard setback
area, in which case the taller fence may extend no fur-
ther than the front facade of the house.
(2) Commercial Zones.
(i) Maximum height shall be eight (8)
feet.
(ii) Maximum height shall be six (6) feet
when adjacent to a public right-of-way, or to a residen-
tial zone.
(3) Industrial Zone.
(i) Maximum height shall be ten (10)
feet.
(ii) Maximum height shall be six (6) feet
when adjacent to a public right-of-way, or to a residen-
tial zone.
(4) District and Neighborhood Center Zones.
(i) Maximum height shall be four (4) feet
in front yard setback areas.
(ii) Maximum height shall be six (6) feet
for side and rear yard setback areas.
(iii) To obtain an eight (8) foot tall fence,
a fence permit is required. The Director may allow for a
maximum height of up to eight (8) feet in side and rear
yard setback areas provided the use is nonresidential and
the fence is necessary for security purposes.
(5) Essential Public Facilities. Essential pub-
lic facilities may have up to ten (10) foot tall fences in
any zone through a fence permit application provided
the fence is the minimum necessary for security pur-
poses.
(b) A Type II conditional use permit may be
granted for fences or walls up to eight (8) feet high in a
side or rear yard only if the fence or wall is necessary to
provide privacy and security between a residential and a
nonresidential use.
(c) Fences and walls shall not block or hinder the
sight distance of traffic. Exact location and design of a
fence or wall is subject to the approval of the City Engi-
neer when visibility or public safety is an issue.
(d) No electric or electrified fences shall be per-
mitted within the City of Bremerton.
(e) Barbed wire or similar wire protective devices
are permitted only in industrial zones or any property
containing a public facility above a height of six (6) feet;
provided, that adjoining a residential zone, devices may
be allowed by approval of a Type II conditional use per-
mit pursuant to BMC 20.58.020 only if the following
criteria are met:
(1) The applicant demonstrates that the pro-
tective device cannot be installed outside of the speci-
fied setback without significantly diminishing the utility
of the industrial property;
(2) The protective device will be designed to
minimize adverse aesthetic impact to the residential use
by installing the device behind the top of a fence or wall
or screening the device with landscape; and
20.46-2.1 (Revised 4/20)
Bremerton Municipal Code 20.46.030
(3) The applicant demonstrates that the pro-
tective device is necessary to provide additional security
along the residential property line to protect the indus-
trial premises.
(f) Notwithstanding the provisions of subsection
(a)(1)(ii) of this section, architectural appurtenances
such as trellises or entry gates that define a walkway or
driveway entry are allowed in a front yard up to ninety
(90) inches high; provided, that:
(1) No individual structural support for such
features shall be more than sixteen (16) inches square in
section;
(2) Any gate shall not obscure more than
twenty (20) percent of visibility to the yard as viewed
perpendicular to the gate’s installation; and
(3) Any entry feature greater than three (3)
feet in height shall not be more than six (6) feet wide for
a walkway entry or more than sixteen (16) feet wide for
a driveway entry. (Ord. 5326 §5, 2017: Ord. 5301 §3
(Exh. B) (part), 2016: Ord. 5008 §5, 2007: Ord. 4950 §8
(Exh. A) (part), 2005)
20.46.030 HOME OCCUPATIONS.
Home occupations are permitted in a residential
dwelling unit subject to the following limitations:
(a) The business shall clearly be subordinate to the
use of the dwelling unit for residential purposes.
(b) The business shall be wholly situated indoors.
(c) No person shall be employed in the home occu-
pation unless a resident of the dwelling unit.
(d) There shall be no exterior display, storage or
other exterior indication of the existence of the home
occupation, except as allowed by the underlying zone.
(e) One (1) additional off-street parking space
shall be provided in addition to the number of off-street
parking spaces already required for the dwelling. The
Director may waive this requirement if the home occu-
pation involves Internet services that do not require cus-
tomers or deliveries at the residence.
(f) Any sales of product shall be limited to those
produced on the premises, except products produced
elsewhere may be allowed, provided the business is pri-
marily involved in the product’s distribution and does
not attract buyers to the property for retail or wholesale
sales.
(g) Sales and services to patrons shall be arranged
through appointment so that only one (1) patron vehicle
is on the premises at any given time.
(h) Not more than fifty (50) percent of the gross
floor area of the dwelling may be devoted to the home
occupation use.
20.46-5 (Revised 4/20)
Bremerton Municipal Code 20.46.080
(2) All uses not listed above are prohibited
within the development area while mineral extraction is
being actively pursued.
(b) Performance Standards. Potential impacts
related to traffic, dust control, light emission, visual
screening, loss of tree cover, noise emission and protec-
tion of environmentally sensitive areas shall be exam-
ined. The city recognizes impacts to other elements of
the environment including air and water quality are reg-
ulated by the state, regional and federal authorities. At a
minimum the following shall be met:
(1) Hours of Operation. Noise associated with
surface mining may constitute a nuisance or a public
health concern, therefore, when surface mining activity,
hours of operation for excavating, processing, and load-
ing shall be prohibited on Saturday, Sundays and legal
holidays, and limited to between 7:00 a.m. and 6:00 p.m.
Monday through Friday; provided, that the surface min-
ing operation may continue until 9:00 p.m. if the noise
created is less than the ambient night time noise levels
for that area; and further provided, that the following
activities are exempt from these requirements:
(i) Activity under public contract when
in the public interest. Hours of operation shall be
between 7:00 a.m. and 6:00 p.m.
(2) Maximum Permissible Noise Levels.
Maximum permissible noise levels shall be according to
the provisions of the Bremerton Noise Ordinance per
Chapter 6.32 BMC with the following exceptions:
(i) The mineral resource operation site
may have the district of sound source be classified as
District III during the hours of operation per subsection
(b)(1) of this section.
(3) Setbacks. The tops and toes of cut and fill
slopes shall be set back from property boundaries
according to the State Department of Natural Resources
standards for safety of adjacent properties, and to pre-
vent water runoff or erosion of slopes and to provide
adequate reclamation slopes per subsection (b)(4) of this
section.
(4) Slope. When reclaimed, no slope of cut
and fill surfaces shall be steeper than is safe for the
intended use, and shall not exceed one and one-half hor-
izontal to one vertical (1-1/2:1) for unconsolidated
material such as gravel, and one-fourth horizontal to one
vertical (1/4:1) for consolidated material, unless other-
wise approved by the Director after a qualified profes-
sional certifies that steeper slopes are appropriate.
(5) Access Roads Maintenance. Access roads
to mining and quarrying sites shall be maintained and
located to the satisfaction of the Director of Public
Works and Utilities, to minimize problems of dust and
mud, and connection access to the city roadways.
(6) Best Practices Management. Require min-
eral extraction and processing operations to implement
best management practices to reduce environmental
impacts and mitigate any remaining impacts.
(c) Permitting Process. Mineral resource
extraction with associated structures and equipment for
soil and gravel, quarried stone or ore may be allowed if
a Type III Hearing Examiner conditional use permit
(CUP) is approved pursuant to BMC 20.58.020, with the
notice of application shall be mailed to all property own-
ers within five hundred (500) feet of the property.
(1) The owner or agent of the quarry shall
submit to the City copies of all documents submitted to
the Washington State Department of Natural Resources
with the application.
(2) Notice of application for the CUP shall be
provided to the local tribal government, typically during
the environmental review; however, if environmental
review is not required, a fourteen (14) day comment
period to the local tribal government of the proposal will
be required prior to issuance of approval.
(d) Transition of Uses from Mineral Resource
Overlay. As an option to reclaim a property(s) and extin-
guish a Washington State Department of Natural
Resources (DNR) surface mining permit, the City may
accept, review and approve development permits for
uses consistent with the property(s) underlying zone. If
a permit meets all applicable, zoning, building, storm-
water, fire and other county codes, such permits shall be
forwarded to the DNR to be reviewed as a reclamation
plan. Upon receipt by the City of DNR confirmation of
the closing of the surface mining permit for the prop-
erty(s), the City will revert the property(s) back to their
underlying zone and compatible designation.
(e) Special Provisions. All plats, short plats, devel-
opment permits and building permits issued for land
development activities on or within five hundred (500)
feet of designated mineral resource overlay lands shall
contain the following notice:
The subject property is within or near land in
which resource activities are permitted and en-
couraged, including a variety of activities which
may not be compatible with residential use for
certain periods of limited duration. In addition to
other activities, these may include noise, dust,
smoke, visual impacts and odors resulting from
harvesting, planting, surface mining, quarrying,
application of fertilizers, herbicides and associ-
ated reclamation and management activities.
When performed in accordance with state and
federal law, these resource activities are not
subject to legal action as a nuisance.
(Ord. 5301 §3 (Exh. B) (part), 2016: Ord. 4971 §8,
2006; Ord. 4950 §8 (Exh. A) (part), 2005)
(Revised 4/20)20.46-6
20.46.090
20.46.090 TEMPORARY ENCAMPMENT
PERMIT.
(a) Intent. The City of Bremerton desires to estab-
lish reasonable development standards for sponsors of
outdoor temporary encampments. These facilities do not
represent a permanent solution to homelessness but
rather can provide vitally needed shelter and a first step
to more permanent forms of housing. This section pro-
vides an equitable process, with reasonable conditions
and an associated permit, to meet the need for temporary
shelter for local homeless persons while ensuring public
health, safety and welfare.
(b) Definitions.
(1) "Applicant" shall mean a group or individ-
ual(s) that host, sponsor and/or manage a temporary
encampment.
(2) "Property owner" shall mean the owner of
the property or legal representative of the real property
proposed for use as a temporary encampment.
(3) "Shelter(s)" shall mean tents, sheds, huts,
cabins, tiny homes, trailers or other enclosures which
are not permanently attached to the ground, may be eas-
ily erected and dismantled, and are intended for tempo-
rary occupancy.
(4) "Temporary encampment(s)" shall mean
an area of a parcel(s) that hosts shelters, security, and
other facilities, for housing the homeless for humanitar-
ian purposes. Temporary encampment facilities that are
established for this use shall be easily erected and dis-
mantled and shall only be temporary.
(5) "Temporary" shall mean, for the purposes
of this section, one hundred eighty-three (183) days.
(c) Siting Criteria. A temporary encampment may
be placed on a property in the City that complies with
the following:
(1) Location. Temporary encampments can
be permitted in all zoning districts.
(2) Site Size and Encampment Size Require-
ments.
(i) Site Size. The minimum site size shall
be one (1) acre. The one (1) acre site can include one (1)
or more contiguous parcels but in no case may the par-
cels be separated by a right-of-way (streets, alleyways,
etc.), critical area, or other means. All property owners
shall jointly apply for the temporary encampment per-
mit and shall be equally responsible for compliance with
all conditions of the permit.
(ii) Encampment Size. The area of the
parcel(s) dedicated to the encampment must equal one
hundred fifty (150) square feet or more for each resident
(not including the required setback area). This size
requirement is to ensure that there is sufficient land area
to support the activities of the temporary encampment
without overcrowding of occupants, degradation of veg-
etation, eroding soils or otherwise overtaxing the land.
(3) Perimeter Setback. A temporary encamp-
ment shall be set back no less than twenty (20) feet from
all exterior boundary lines, with an additional twenty
(20) foot setback when adjacent to residential uses (for
a total of forty (40) foot setback when adjacent to a res-
idential use). This setback is intended to ensure all activ-
ities of the temporary encampment are set back from
adjacent properties a sufficient distance so as not to
impinge upon or otherwise unduly influence activities
on said adjacent properties. The required exterior set-
back may be reduced or waived if the owners of such
adjacent property consent in writing to support a reduc-
tion or waiver of such setback.
(4) Screening of Activities. All activities
(shelters, toilets, cooking facilities, etc.) of the tempo-
rary encampment shall be obscured from view from
adjacent properties and public right-of-way to the max-
imum extent feasible. This can be accomplished by a
minimum six (6) foot high sight-obscuring temporary
fence, existing dense vegetation, an existing topo-
graphic difference, distance from exterior property
lines, or other means.
(5) Critical Areas. A temporary encampment
may not be located within critical areas or their associ-
ated buffers. All proposed temporary encampments
shall comply with the City’s critical areas regulations as
set forth in Chapter 20.14 BMC and the Shoreline Mas-
ter Program.
(6) Limit of Encampments. No more than one
(1) temporary encampment shall be permitted and oper-
ating at any one time in the City.
(d) Preapplication Work. Prior to application sub-
mittal, the applicant and property owners must address
community and neighborhood impacts from the pro-
posed temporary encampment by developing the fol-
lowing:
(1) Impact Mitigation Plan. The applicant
shall identify potential adverse effects of the proposed
temporary encampment on neighboring properties and
the community and shall develop measures to mitigate
such effects. The applicant shall develop a temporary
encampment impact mitigation plan. The plan shall con-
tain a narrative and drawing(s) that describe the mea-
sures the applicant will use to mitigate the effects of the
temporary encampment. At a minimum, the plan shall
specifically describe the measures that will be imple-
mented to satisfy the approval criteria provided in this
section. The impact mitigation plan shall be updated to
address the comments and suggestions received at the
required neighborhood meeting and review as identified
in subsections (d)(3) and (4) of this section (discussions
with police, fire, school, childcare, and health district).
20.46-6.1 (Revised 4/20)
Bremerton Municipal Code 20.46.090
The implementation and enforcement of the plan shall
be a condition of permit approval.
(2) Security Management Plan. The applicant
shall develop a plan demonstrating security measures,
site specific or otherwise, necessary to ensure the safety
of the residents of the temporary encampment and the
public. At a minimum, the plan shall specify the follow-
ing:
(i) The person or entity responsible for
providing security;
(ii) The type of security to be used, e.g.,
private security firm, volunteers, or other means; and
(iii) Recommendations and/or require-
ments provided by the Police Department.
(3) Discussions with Police, Schools, and
Child Care Services. A representative of the applicant or
property owner shall meet and confer with the following
entities regarding the proposal and any proposed secu-
rity measures for the temporary encampment: (i) the
Bremerton Police Department; (ii) the administration of
any public or private preschool, elementary, middle,
junior high, or high school if within five hundred (500)
feet of the boundaries of the proposed site; and (iii) the
operators of any properly licensed child care service(s)
within five hundred (500) feet of the boundaries of the
proposed site.
(4) Discussions with Kitsap Public Health
District. A representative of the applicant or property
owner shall meet and confer with the Kitsap Public
Health District regarding the proposal and the proposed
plan for providing adequate drinking water, solid waste
management, and the waste management (trash
removal) plan for the temporary encampment.
(5) Parking Plan. The applicant shall develop
a parking plan. The parking plan shall address the fol-
lowing:
(i) Adequate parking for the temporary
encampment shall be provided so as not to reduce park-
ing utilized by existing site uses;
(ii) The temporary encampment shall not
displace the site’s parking lot in such a way that the site
no longer meets the minimum or required parking of the
principal use as required by code or previous approvals;
(iii) An alternative parking plan may be
approved by the Director if the parking plan can demon-
strate how the existing use on the site and the encamp-
ment can provide off-site parking sufficient to have no
off-site impact to the surrounding neighborhoods. This
alternative parking plan will be not valid after the expi-
ration of the temporary encampment;
(iv) Parking vehicles shall only be
allowed in existing approved parking areas and shall not
be located in unapproved areas such as the grass or field;
and
(v) A temporary encampment permit
cannot permit new site development such as paving,
gravel laydown, and structure installation. This work
requires a separate process through the approval of a site
development permit as outlined in BMC 20.58.090.
(e) Neighborhood Meeting. The applicant shall
conduct a neighborhood meeting to inform nearby resi-
dents and the public about the proposed temporary
encampment prior to submittal of an application. The
following process shall be used:
(1) Notification. The applicant shall provide
notice of the neighborhood meeting by mail, first class
and postage prepaid, to all owners of property within
five hundred (500) feet of the lot(s) containing the pro-
posed temporary encampment, provided such area shall
be expanded as necessary to send mailed notices to at
least twenty (20) different property owners. The notice
of the neighborhood meeting shall be mailed at least fif-
teen (15) days prior to the neighborhood meeting.
(2) Neighborhood Meeting. At the neighbor-
hood meeting, a representative of the applicant or prop-
erty owner shall present in writing and verbally the
proposed temporary encampment location, timing, site
plan, code of conduct, impact mitigation plan, accom-
modations concerns, and a security management plan.
The presentation shall also include copies of all previ-
ously submitted comments received on the proposed
temporary encampment, including comments from the
Bremerton Police Department, school(s), and child care
services. Copies of the agenda and the other specified
comments and materials shall be provided by the appli-
cant at the meeting. The meeting shall be conducted on
the proposed temporary encampment site whenever fea-
sible; this meeting shall be held in a location that is
ADA (Americans with Disabilities) accessible.
(f) Performance Criteria. Temporary encamp-
ments shall be operated in such a manner as to ensure
the health and safety of occupants of the encampment
and surrounding properties. Accordingly, all temporary
encampments shall comply with the list below. Demon-
stration of compliance with this section is a requirement
of the temporary encampment permit. Any proposed
mitigation or actions from this section shall be identified
in the impact mitigation plan.
(1) Health Regulations. All applicable City,
county and state regulations pertaining to public health
shall be met.
(2) Fire Safety. Inspections of the site by the
City for fire safety purposes may be conducted at any
time and without prior notice. Adequate access, as deter-
mined by the Fire Marshal, shall be maintained within
and around the temporary encampment at all times to
(Revised 4/20)20.46-6.2
20.46.090
ensure that emergency vehicles can ingress/egress the
site.
(3) Building Code Inspections. Inspections of
the temporary encampment by the City to ensure the
public health and safety may be conducted at any time
and without prior notice.
(4) Drinking Water and Solid Waste. An ade-
quate supply of potable water and adequate toilet facili-
ties shall be available on site at all times. All City,
county and state regulations pertaining to drinking water
connections and solid waste disposal shall be met.
(5) Trash. Adequate facilities for dealing with
trash shall be provided on site. A regular trash patrol or
other method of regular maintenance in the immediate
vicinity of the site shall be provided.
(6) Noise. Any temporary encampment shall
comply with City noise regulations as set forth in Chap-
ter 6.32 BMC.
(7) Light and Glare. Any temporary encamp-
ment shall comply with City light and glare regulations
as set forth in BMC 20.44.110.
(8) Security. Any temporary encampment
shall provide all required legal access to public areas of
the site by the City of Bremerton Police Department and
any other relevant law enforcement agency at all times.
(9) Codes of Conduct. The applicant shall
enforce a written code of conduct which mitigates
impacts to neighbors and the community. Said code
shall be incorporated into the conditions of approval.
The code shall contain the following as a minimum:
(i) Prohibit possession or use of firearms
and/or illegal drugs;
(ii) No violence;
(iii) No open flames;
(iv) No loitering in the surrounding neigh-
borhood; and
(v) Quiet hours (at a minimum between
the hours of 10:00 p.m. and 7:00 a.m.).
(g) Process and Permit. Notwithstanding any other
provision in the Bremerton Municipal Code, the follow-
ing procedures shall apply in accepting, noticing,
reviewing, and otherwise processing temporary
encampment permit applications. A City-issued tempo-
rary encampment permit is required prior to the com-
mencement of such a use.
(1) A temporary encampment permit is a
Type I action and shall be processed accordingly, as set
forth in Chapter 20.02 BMC, Project Permits. The pro-
spective temporary encampment applicant and property
owner(s) shall jointly apply for the temporary encamp-
ment permit and shall be equally responsible for compli-
ance with all conditions of the permit. A complete
application for a temporary encampment permit shall be
submitted a minimum of thirty (30) days prior to the
anticipated start of the encampment.
(2) The following documentation is required
for a complete application:
(i) Application;
(ii) The date that the temporary encamp-
ments will commence;
(iii) The maximum duration requested of
said temporary encampment;
(iv) The number of residents to be accom-
modated on the site;
(v) The host location;
(vi) The names of the managing agency
and host, with contact information;
(vii)Impact mitigation plan;
(viii)Security management plan;
(ix) Code of conduct;
(x) Documentation of Actions Taken
Prior to Application Submittal. This document shall
include a summary of the neighborhood meeting,
including who was notified of the meeting (mailing list
and map of mailed property owners), who attended the
meeting, summary of the items discussed at the neigh-
borhood meeting, and summary of discussion and any
request for mitigations of the temporary encampment
from the health district, police, fire, school district(s)
and child care services;
(xi) Vicinity map including buildings and
uses on properties surrounding the proposed temporary
encampment, and the distance the proposed accommo-
dations would be set back from the property lines; and
(xii)Site plan showing at least the follow-
ing:
(A) Existing buildings and parking
and vehicle maneuvering area;
(B) Location of where encampment
will be located including overall dimensions;
(C) Location of on-site parking for
primary use of the site and number of vehicles associ-
ated with the encampment (parking plan); and
(D) Access routes for emergency
vehicles.
(xiii)Encampment layout showing at least
the following:
(A) Layout of all encampment facili-
ties, including, but not limited to, food and security
facilities, arrangement of shelters, etc.;
(B) Method and location of potable
water;
(C) Method and location of waste
receptacles;
(D) Method and location of required
screening; and
20.46-6.3 (Revised 4/20)
Bremerton Municipal Code 20.46.110
(E) Location of required sanitary sta-
tions including toilets and hand washing facility; and
(xiv)Application fee.
(3) Decisions May Be Appealed. Appeals of a
Type I decision shall be heard and decided by the Hear-
ing Examiner in accordance with the procedures set
forth in BMC 20.02.140.
(4) Emergencies. The Director may waive the
requirements of this section when a natural or manmade
disaster necessitates the immediate establishment of
temporary encampments.
(h) Duration and Site Restoration.
(1) Duration. A proposed temporary encamp-
ment may be allowed at one property for up to one hun-
dred eighty three (183) days, either consecutively or
cumulatively, during any twenty-four (24) month
period, except that where the one hundred eighty-third
day falls on Friday through Sunday, an additional two
(2) days shall be allowed to dismantle and remove the
accommodation over the immediately following week-
end. The applicant and/or property owner shall store, out
of sight from adjacent properties, the residents’ personal
belongings that are left on site after the dismantling of
the site.
(2) Restoration of Site. Upon cessation of the
temporary encampment, the site shall be restored, as
near as possible, to its original condition. The applicant
shall replant areas in which vegetation had been
removed or destroyed.
(i) Revocation and Indemnification.
(1) Failure to Comply. If a temporary
encampment permit has been issued, and the Director
determines that the applicant has violated any condition
of that permit, the Director shall issue a notice of viola-
tion and require compliance in accordance with the pro-
cedures set forth in Chapter 1.04 BMC, Code
Enforcement. The City may revoke a temporary
encampment permit for any violation of this section or
the temporary encampment permit where such a viola-
tion is:
(i) Not cured following notice from the
City and an opportunity to cure such violations;
(ii) Intentionally or knowingly commit-
ted by the applicant or property owner; or
(iii) So severe as to substantially threaten
public health and safety.
(2) Upon revocation of the temporary
encampment permit, all residents of the encampment
must vacate the premises within seventy-two (72) hours
of revocation. The applicant or property owner shall be
required to remove all physical evidence of the use and
to restore or replant any required vegetation within one
(1) week of revocation. The applicant and/or property
owner shall store, out of sight from adjacent properties,
the residents’ personal belongings that are left on site
after the seventy-two (72) hours.
(3) Indemnification. The applicant, except for
religious facilities per RCW 35.21.915, shall defend,
indemnify, and hold the City, its officers, officials,
employees and volunteers harmless from any and all
claims, injuries, damages, losses or suits of any nature,
including attorney fees, due to the acts or omissions of
the applicant in connection with the operation of the
temporary encampment.
(4) Liability Insurance. Except for religious
facilities, the applicant shall procure and maintain in full
force, through the duration of the temporary encamp-
ment, comprehensive general liability insurance with a
minimum coverage of one million dollars ($1,000,000)
per occurrence/aggregate for personal injury and prop-
erty damage. (Ord. 5393 § 3, 2019)
20.46.110 ADULT ENTERTAINMENT
BUSINESSES.
This section regulates the location of adult enter-
tainment businesses. The purpose of these regulations is
to reduce conflicts between adult entertainment busi-
nesses and other land uses. The intent is to protect the
City from the blighting impacts of concentrations of
adult entertainment businesses while assuring the full
enjoyment of all the constitutionally guaranteed rights
of the general public.
(a) Location of Adult Entertainment Businesses.
(1) Adult entertainment businesses as defined
in subsection (c) of this section are prohibited within the
area circumscribed by a circle which has a radius of five
hundred (500) feet from the following specified uses or
zones:
(i) Any zone in which residential use is
listed as a principal use.
(ii) Any public or private school.
(iii) Any day care facility as defined in
BMC 20.42.040.
(iv) Any worship, religious, or church
facility as defined in BMC 20.42.040.
(v) Any public park.
(vi) Any center designated within the
Comprehensive Plan.
(vii)Any public library.
(2) The distances provided in this section
shall be measured by following a straight line, without
regard to intervening buildings, from the nearest point
of the property or parcel upon which the proposed use is
to be located, to the nearest point of the parcel of prop-
erty or the land use district boundary line from which the
proposed land is to be separated.
(3) Violation of the use provisions of this sec-
tion is declared to be a public nuisance per se, which
(Revised 4/20)20.46-6.4
20.46.110
shall be abated by the City Attorney as authorized under
state law or the City code.
(4) Nothing in this section is intended to
authorize, legalize, or permit the establishment, opera-
tion, or maintenance of any business, building, or use
which violates any city code or statute of the state
regarding public nuisances, sexual conduct, lewdness,
or obscene or harmful matter or the exhibition or public
display thereof.
(b) Development Standards. Adult entertainment
businesses are subject to the development standards of
the underlying zone.
(c) Definitions.
(1) "Adult entertainment" means any dance,
amusement, show, display, merchandise, material, exhi-
bition, pantomime, modeling, or any other like perfor-
mance of any type, for the use or benefit of a member or
members of the public or advertised for the use or bene-
fit of a member of the public where such is characterized
by an emphasis on the depiction, description, or simula-
tion of "specified anatomical areas," defined in this
chapter, or the exhibition of "specified sexual activi-
ties," also defined in this chapter, or the case of live
adult entertainment performances, which emphasizes
and seeks to arouse or excite the patron’s sexual desires.
Any patron of an adult entertainment business, as
defined in this section, shall be deemed a member of the
public.
(2) "Adult entertainment business" means any
establishment providing adult entertainment as defined
in this section including, but not limited to, adult arcade,
adult retail establishment, adult motion picture theater,
and exotic dance studio, more specifically defined
herein.
(3) "Adult arcade" means a commercial estab-
lishment where, for any form of consideration, one (1)
or more still or motion picture projectors, slide projec-
tors, computer-generated or enhanced pornography,
panoramic peep show, or similar machines, or other
image-producing machines, for personal viewing, are
used to show films, motion pictures, video cassettes,
slides or other photographic reproductions which pro-
vide material for individual viewing by patrons on the
premises of the business which are characterized by an
emphasis on the depiction, description or simulation of
"specified anatomical areas" or "specified sexual activi-
ties."
(4) "Adult motion picture theater" means a
commercial establishment where films, motion pictures,
video cassettes, slides, or similar photographic repro-
ductions characterized by an emphasis on the depiction,
description, or simulation of "specified anatomical
areas" or "specified sexual activities" are regularly
shown for any form of consideration.
(5) "Adult retail establishment" means any
bookstore, adult novelty store, adult video store, or other
similar commercial establishment, business service, or
portion thereof, which, for money or any other form of
consideration, provides as a significant or substantial
portion of its stock-in-trade the sale, exchange, rent,
loan, trade, transfer, and/or provision for viewing or use
off the premises of adult entertainment material defined
in this chapter. For purposes of this provision, it shall be
a rebuttable presumption that thirty (30) percent or more
of a business’ stock-in-trade in adult retail material,
based on either the dollar value (wholesale or retail) or
the number of titles of such material, is significant or
substantial. In determining whether or not the presump-
tion is rebutted, the Director may consider the following
factors, which are not inclusive:
(i) Whether minors are prohibited from
access to the premises of the establishment due to the
adult entertainment nature of the inventory;
(ii) Whether the establishment is adver-
tised, marketed, or held out to be an adult merchandising
facility;
20.50-3 (Revised 4/20)
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 4/20)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-40, 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;
20.79-1 (Revised 4/20)
Bremerton Municipal Code 20.79.060
Chapter 20.79
HIGH DENSITY RESIDENTIAL (R-40)
Sections:
20.79.010 INTENT.
20.79.020 OUTRIGHT PERMITTED USES.
20.79.030 ACCESSORY USES.
20.79.040 CONDITIONAL USES.
20.79.060 DEVELOPMENT STANDARDS.
20.79.070 DESIGN STANDARDS.
20.79.080 PARKING REQUIREMENTS.
20.79.090 LANDSCAPING
REQUIREMENTS.
20.79.100 SIGN STANDARDS.
20.79.010 INTENT.
The intent of the high density residential (R-40)
zoning district is to provide a high standard of develop-
ment for residential multifamily type structures and to
provide a variety of housing options for a wide diversity
of people, within neighborhoods that are currently
developed with multifamily development. In addition,
this zone supports the adopted Downtown Subarea Plan.
(Ord. 5390 §5, 2019: Ord. 5301 §3 (Exh. B) (part),
2016: Ord. 5046 §21 (part), 2008: Ord. 4950 §8 (Exh.
A) (part), 2005)
20.79.020 OUTRIGHT PERMITTED USES.
The following uses are permitted outright:
(a) Co-location of wireless communications per
BMC 20.46.140;
(b) Residential Use. Dwelling units, including a
duplex or townhouse, must meet the underlying density
of this zone unless otherwise allowed for by state law or
City code. Residential uses include:
(1) Day care facility (twelve (12) or fewer
persons receiving care);
(2) Foster home;
(3) Class I group residential facility;
(4) Multi-unit dwelling units;
(5) Single-unit dwelling unit, attached (zero
(0) lot lines);
(6) Single-unit dwelling unit, detached;
(7) Townhouses;
(8) Duplexes. (Ord. 5390 §6, 2019: Ord. 5301
§3 (Exh. B) (part), 2016: Ord. 5046 §21 (part), 2008:
Ord. 4950 §8 (Exh. A) (part), 2005)
20.79.030 ACCESSORY USES.
The following accessory uses may be permitted
when found in connection with a principal use:
(a) Attached or detached accessory dwelling unit
per BMC 20.46.010;
(b) Detached garage, carport, and parking facili-
ties for the residents of the property;
(c) Home occupation per BMC 20.46.030;
(d) Other necessary and customary uses deter-
mined by the Director to be appropriate, incidental and
subordinate;
(e) Playhouses, patios, cabanas, porches, gazebos,
swimming pools and incidental household storage
buildings. (Ord. 5301 §3 (Exh. B) (part), 2016: Ord.
5046 §21 (part), 2008: Ord. 4950 §8 (Exh. A) (part),
2005)
20.79.040 CONDITIONAL USES.
The following conditional uses shall be permitted
pursuant to BMC 20.58.020, provided the conditional
use complies with the corresponding standard as listed
in BMC 20.60.040 (low density residential (R-10)
zone), except the criteria for minimum site area is not
applicable to this zone for the following uses:
(a) Bed and breakfast;
(b) Senior housing complex;
(c) Nursing/convalescent home;
(d) Day care facilities (more than twelve (12) per-
sons receiving care);
(e) Worship, religious, and community facilities;
(f) Schools, parks and associated facilities of the
types set forth in BMC 20.60.040(j). (Ord. 5390 §7,
2019: Ord. 5301 §3 (Exh. B) (part), 2016: Ord. 5111 §5,
2010: Ord. 5046 §21 (part), 2008: Ord. 4950 §8 (Exh.
A) (part), 2005)
20.79.060 DEVELOPMENT STANDARDS.
(a) For properties located within the downtown
regional center, the Downtown Subarea Plan will regu-
late development standards. The following development
standards listed are for all other locations where the R-
40 zone is located.
(b) Lot Standards. Lot development requirements
shall be in accordance with this section and the follow-
ing standards unless allowed for by law otherwise:
(1) Setbacks.
(i) Minimum front yard setback is fifteen
(15) feet;
(ii) Minimum side yard setback is five (5)
feet;
(iii) Minimum rear yard setback is fifteen
(15) feet.
(2) The maximum height of the structure shall
meet the following:
(i) Maximum structure height is forty-
five (45) feet, except that conditionally allowed uses per
BMC 20.79.040 may be sixty (60) feet unless otherwise
noted; and
(Revised 4/20)20.79-2
20.79.070
(ii) For properties that are adjacent to low
density residential (R-10) zone, buildings taller than
thirty-five (35) feet shall increase the setback by one (1)
foot from the R-10 zone property line for every one (1)
foot building height increase over thirty-five (35) feet.
(3) Maximum development coverage is sev-
enty-five (75) percent.
(c) Zero (0) Lot Line (ZLL) Development. An
attached dwelling and/or garage structure may have
shared side or rear lot line, and setback reduced to zero
(0), provided the structure complies with building code
fire separation requirements.
(d) Garages, Storage Buildings and Shops.
(1) Garage, Carport, and Shop Vehicle
Entrance Setbacks. When the vehicle entrance faces the
street, the garage, carport, or shop shall have a front yard
setback of at least twenty (20) feet, except as provided
in BMC 20.44.020 (Traditional front yard).
(e) Minimum density: eighteen (18) dwelling units
per acre.
(f) Maximum density: forty (40) dwelling units
per acre.
(g) Open Space. For projects of twenty-five (25)
units or more, a minimum of fifteen (15) percent of the
net site area shall be set aside and utilized as open space
for use and enjoyment of future residents either as pas-
sive and/or active space. Designated critical areas pursu-
ant to Chapter 20.14 BMC shall not be used for the open
space. Such open spaces shall at a minimum meet the
following standards:
(1) Passive and Active Open Spaces. All open
spaces must include facilities for active and/or passive
recreation. Passive spaces could include facilities such
as trails, benches, shelters, public plazas, and year-
round water features. Active spaces can include chil-
dren’s play equipment, paved hard court (basketball or
tennis court), flat, open lawn for ballfield and other such
facilities.
(2) Open Space Plan. For all designated open
space areas the proposal shall include an open space
plan. This plan is to ensure the open space is maintained
and preserved in perpetuity. All open space areas shall
comply with the following:
(i) Identify all proposed improvements
such as public facilities, proposed vegetation, and exist-
ing vegetation to remain; and
(ii) The plan must comply with the
requirements of the landscaping chapter, found in Chap-
ter 20.50 BMC; and
(iii) The plan shall outline maintenance
responsibilities; and
(iv) The plan shall include a notice to title
approved by the City and recorded with the County
Auditor. This notice shall include provisions for the des-
ignation and retention of open space, and provisions for
permanent maintenance of the open space and/or com-
monly owned facilities. (Ord. 5390 §8, 2019: Ord. 5301
§3 (Exh. B) (part), 2016)
20.79.070 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; however, stacked flats are permissible
only when meeting the criteria provided in subsections
(a) and (b) of 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) Minimum Transparency. At least forty
(40) 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.
(3) Blank Facades. Building facades shall not
present a blank facade to view from public rights-of-
way or residential properties. Such facades may be bro-
ken by windows, trellises, columns, variations in plane,
or other devices that add variation and interest to the
facade.
(4) 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. 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-
20.79-3 (Revised 4/20)
Bremerton Municipal Code 20.79.100
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)(2) 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 §13, 2017)
20.79.080 PARKING REQUIREMENTS.
In addition to the off-street parking requirements
set forth in Chapter 20.48 BMC, the automobile off-
street parking spaces located within the downtown
regional center shall be provided in accordance to the
Downtown Subarea Plan. (Ord. 5301 §3 (Exh. B) (part),
2016: Ord. 5046 §21 (part), 2008: Ord. 4950 §8 (Exh.
A) (part), 2005)
20.79.090 LANDSCAPING REQUIREMENTS.
Landscaping shall meet the standards of Chapter
20.50 BMC. (Ord. 5301 §3 (Exh. B) (part), 2016: Ord.
5046 §21 (part), 2008: Ord. 4950 §8 (Exh. A) (part),
2005)
20.79.100 SIGN STANDARDS.
Signage shall meet the standards of Chapter 20.52
BMC. (Ord. 5301 §3 (Exh. B) (part), 2016: Ord. 5046
§21 (part), 2008: Ord. 4950 §8 (Exh. A) (part), 2005)
Number Subject
Tables-9 (Revised 4/20)
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 4/20)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 (Repealed by 5395)
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 4/20)
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)
5367 Amends 2019 budget (Special)
5368 Adds Ch. 6.20, carryout bags (6.20)
5369 Amends §§ 20.42.040(g), 20.86.040 and 20.94.030, group residential facilities (20.42, 20.86, 20.94)
5370 Amends § 13.04.140, liquor in city parks (13.04)
5371 Amends § 15.06.020 and department of public works and utilities rates and fees, service connection and
expansion fees and charges (15.06)
5372 Bond issuance (Special)
5373 Adds Ch. 5.14, massage and reflexology businesses (5.14)
5374 Amends Ch. 15.03, wastewater (15.03)
5375 Revision to city boundaries (Special)
5376 Amends Chs. 15.01, 15.02, 15.04, §§ 15.05.050, 15.06.020, Chs. 15.07 and 15.08, municipal utilities
(15.01, 15.02, 15.04, 15.05, 15.06, 15.07, 15.08)
5377 Sales and use tax for affordable and supportive housing (Not codified)
5378 Amends § 2.03.010, mayor’s compensation (2.03)
5379 Amends Ch. 2.78, real property transactions (2.78)
5380 Amends §§ 2.92.040 and 2.92.060, office of risk management (2.92)
5381 Reestablishes rates and fees established by Ord. 5357 (Not codified)
5382 Amends §§ 15.06.010 and 15.06.015, utility assessments, rates, fees and charges (15.06)
5383 Reestablishes rates and fees established by Ord. 5358 (Not codified)
5384 Amends §§ 3.48.090 and 3.86.040, taxes (3.48, 3.86)
5385 Puget Sound Energy franchise (Special)
5386 2020 tax levy (Special)
5387 Adopts 2020 budget (Special)
5388 Amends 2019 budget (Special)
5389 Amends comprehensive plan (Special)
5390 Amends Figure 20.40(a), §§ 20.79.010, 20.79.020, 20.79.040 and 20.79.060 and Zoning Maps 1 – 4,
land use (20.40, 20.79)
5391 Amends zoning map (Special)
Number Subject
(Revised 4/20)Tables-14
5392 Amends §§ 10.10.010, 10.10.050 and 10.10.070, parking code (10.10)
5393 Adds § 20.46.090; amends department of community development rates and fees, temporary encamp-
ment permit (20.46)
5394 Amends Ch. 2.28, equal employment opportunity program (2.28)
5395 Approves 2020 Parks, Recreation and Open Space Plan; repeals Ord. 5242 (Special)
5396 Amends Ord. 5358, rates and fees for department of public works and utilities (Not codified)