ordinance no. 016-17 an of the city of port … · mwd, in order to allow alternative site design...

ORDINANCE NO. 016-17

AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON, CREATING A NEW R8-MWD ZONE; AMENDING POMC CHAPTERS 16.13, 16.30 AND 16.40; PROVIDING FOR SEVERABILITY AND CORRECTIONS; AND ESTABLISHING AN EFFECTIVE DATE.

WHEREAS, the City of Port Orchard wishes to establish a new zone designation of R8- MWD, in order to allow alternative site design and development standards for certain properties that are currently zoned R8; and

WHEREAS, revisions to Chapters 16.13, 16.30 and 16.40 POMC have been proposed in order to define and provide development standards for the R8-MWD zone; and

WHEREAS, on April 4, 2017 the City Planning Commission held a duly-noticed public hearing, at which no comments were received, and recommended approval of the proposed revisions to Chapters 16.13,16.30 and 16.40 POMC to the City Council; and

WHEREAS, on April 18, 2017, the City Council reviewed the proposed revisions to Chapters 16.13, 16.30 and 16.40 POMC at its work-study meeting, and determined that these revisions are appropriate to establish the necessary standards for the new R8-MWD zone; now, therefore,

THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DO ORDAINAS FOLLOWS:

SECTION 1, The City Council adopts all of the "Whereas" Sections of this ordinance as findings in support of this ordinance.

SECTION 2. Chapter 16.13 POMC is hereby amended to read as follows; all other provisions of this chapter shall remain unchanged and in full force and effect:

Chapter 16.13 ZONING DISTRICTS

Sections:

16.13.100 Zoning districts - Purpose.

Greenbelt zone (Gb).Gb zone - Permitted uses.

16.13.11016.13.111

Gb zone - Conditional uses.16.13.112

Ordinance No. 016-17 of 72

Gb zone - Lot area.16.13.113

Gb zone - Lot coverage.16.13.114

Gb zone-Yards.16.13.115

Gb zone - Building height.16.13.116

Residential zone low density single-family detached (R4.5).16.13.120

R4.5 zone - Permitted uses.16.13.121

R4.5 zone - Conditional uses.16.13.122

16.13.123 R4.5 zone - Lot area.

16.13.124 R4.5 zone - Lot coverage.

R4.5 zone-Yards.16.13.125

R4.5 zone - Building height.16.13.126

Residential zone medium density single-family detached/attached (R8 and R8-16.13.130MWD).

R8 and R8-MWD zones - Permitted uses.16.13.131

R8 and R8-MWD zones - Conditional uses.16.13.132

R8 and R8-MWD zones - Lot area.16.13.133

R8 and R8-MWD zones - Lot coverage. R8 and R8-MWD zones - Yards.

16.13.13416.13.135

R8 and R8-MWD zones - Building height.16.13.136

Residential zone medium-high density single-family attached and multifamily (R12)16.13.137

16.13.138 R12 zone - Permitted uses.

R12 zone - Conditional uses.16.13.139

16.13.140 R12 zone - Lot area.


16.13.141 R12 zone - Lot coverage.

R12 zone - Yards.16.13.142

R12 zone - Building height.16.13.143

Residential zone - Single-/multiple-family detached/attached (R20).16.13.144

R20 zone - Permitted uses.16.13.145

R20 zone - Conditional uses.16.13.146

16.13.147 R20 zone - Lot area.

16.13.148 R20 zone - Lot coverage.

R20 zone - Yards.16.13.149

R20 zone - Building height.16.13.150

Commercial retail and office (Co) zone.16.13.151

Co zone - Permitted uses.16.13.152

Co zone - Conditional uses.16.13.153

16.13.154 Co zone - Lot area.

16.13.155 Co zone - Lot coverage.

Co zone-Yards.16.13.156

Co zone - Building height.16.13.157

Employment industrial and office (Eo) zone. Eo zone - Permitted uses.

16.13.15816.13.159

Eo zone - Conditional uses.16.13.160

16.13.161 Eo zone - Lot area.

16.13.162 Eo zone - Lot coverage.


Eo zone-Yards.16.13.163

Eo zone - Building height.16.13.164

Mixed use-Commercial, employment, and residential (Mxd) zone.16.13.165

Mxd zone - Permitted uses.16.13.166

Mxd zone - Conditional uses.16.13.167

Mxd zone - Lot area.16.13.168

Mxd zone - Lot coverage.16.13.169

Mxd zone - Yards.16.13.170

Mxd zone - Building height.16.13.171

Community facilities (Cf) zone.16.13.172

Cf zone - Permitted uses.16.13.173

Cf zone - Conditional uses.16.13.174

Cf zone - Lot area.16.13.175

Cf zone - Lot coverage.16.13.176

Cf zone-Yards.16.13.177

Cf zone - Building height.16.13.178

Planned residential developments16.13.179 (-PRD).16.13.180 PRD - Permitted uses.

PRD - Minimum lot area.16.13.181

PRD - Platting requirements.16.13.182

PRD - Criteria for approval.16.13.183

Business professional I and II (BP-I and BP-II) zones.16.13.184


BP-I and BP-II zones - Permitted uses.16.13.185

BP-I and BP-II zones-Conditional uses.16.13.186

BP-I and BP-II zones - Lot area.16.13.187

BP-I and BP-II zones - Lot coverage.16.13.188

BP-I and BP-II zones - Yards.16.13.189

BP-I and BP-II zones - Building height.16.13.190

16.13.100 Zoning districts - Purpose.The purpose statements for each zoning district set forth in the following sections shall be used to guide the application of the zones and designations to all lands. They shall guide interpretation and application of land use regulations within the zones and designations, and any changes to the range of permitted uses within each zone through amendments to this title.

16.13.110 Greenbelt zone (Gb).(1) Purpose. It is the purpose of the greenbelt zone to preserve and protect natural areas that are unique in character, and ensure that natural systems will be maintained.

(2) This purpose will be accomplished by:

(a) Providing for conservation, wildlife habitat, open space, parks, recreational areas, trails, greenways, and similar urban separators on lands that are suitable for this purpose.

(b) Within the greenbelt system, allowing only those accessory and complementary uses that are compatible with the preservation of natural systems.

(3) This zone is appropriate where lands acquired or proposed to be acquired or set aside for public park and recreation use by the comprehensive plan and for other semi-publicly or privately owned lands that are dedicated, reserved or otherwise set aside for greenbelt purposes including those of a commercial orientation that should be reserved for long-term protection.

16.13.111 Gb zone - Permitted uses.The following are permitted uses in a greenbelt (Gb) zone:

(1) Permitted uses are those as shown on land use Tables 16.30.030 through 16.30.100.

(2) Accessory buildings or structures in accordance with the provisions of POMC 16.08.006 through 16.08.012.


(3) Signs in accordance with the provisions of Chapter 16.65 POMC.

16.13.112 Gb zone - Conditional uses.Conditional uses are those shown on land use Tables 16.30.030 through 16.30.100 and associated development standards as identified in Chapter 16.40 POMC.

16.13.113 Gb zone - Lot area.Lot area is as described in Table 16.40.025, Densities and Dimensions.

16.13.114 Gb zone - Lot coverage.Lot coverage is as described in Table 16.40.025, Densities and Dimensions.

16.13.115 Gb zone - Yards.Yard requirements are as described in Table 16.40.025, Densities and Dimensions.

16.13.116 Gb zone - Building height.Building height is as described in Table 16.40.025, Densities and Dimensions.

16.13.120 Residential zone low density single-family detached (R4.5).(1) Purpose. The primary purpose of the low density single-family detached residential zone (R4.5), up to 4.5 units/net useable acre, is to:

(a) Provide for an urban residential environment that is consistent with the traditional image of the Port Orchard area; and

(b) Implement comprehensive plan goals and policies for housing quality, diversity, and affordability, and to efficiently use residential land, public services, and energy.

(2) These purposes are accomplished by:

(a) Providing for a mix of predominantly single-family detached housing types including zero lot line and housing arrangements with a variety of densities and sizes in locations appropriate for urban densities.

(b) Allowing only those accessory and complementary nonresidential uses that are compatible with single-family residential communities.

(3) This zone is appropriate where:

(a) Designated by the comprehensive plan when such areas are served at the time of development by adequate public sewers, water supply, roads, and other needed public facilities and services as defined in the concurrency management system.


(b) Surrounding lands have already been developed for lower intensity single-family detached housing types and offer greenbelt, recreation, and pedestrian services most supportive of lower density living arrangements.

16.13.121 R4.5 zone - Permitted uses.(1) Permitted uses are those as shown on land use Tables 16.30.030 through 16.30.100.



16.13.122 R4.5 zone - Conditional uses.Conditional uses are those shown on land use Tables 16.30.030 through 16.30.100 and associated development standards as identified in Chapter 16.40 POMC.

16.13.123 R4.5 zone - Lot area.Lot area is as described in Table 16.40.025, Densities and Dimensions.

16.13.124 R4.5 zone - Lot coverage.Lot coverage is as described in Table 16.40.025, Densities and Dimensions.

16.13.125 R4.5 zone-Yards.Yard requirements are as described in Table 16.40.025, Densities and Dimensions.

16.13.126 R4.5 zone - Building height.Building height is as described in Table 16.40.025, Densities and Dimensions.

16.13.130 Residential zone medium density single-family detached/attached (R8 and R8-MWD). (1) Purpose. The purpose of the medium density single-family detached/attached residential zones (R8 and R8-MWD - up to 8.0 units/net useable acre) is to:

(a) Define areas that allow a moderate dwelling unit density - particularly in locations that are well served by the arterial circulation system and community facilities in general;

(b) Implement comprehensive plan goals and policies for housing quality, diversity, and affordability; and

(c) Efficiently use residential land, public services, and energy.

(d) Maintain consistent common development standards at street block level while recognizing the presence of master planned communities and the City's history of annexing areas which have been developed under county regulations.



(a) Providing for a mix of single-family detached including lot line and village detached housing arrangements, and attached housing types including duplex or twins, patio house, atrium house, weak and strong link town or row house, with a variety of densities and sizes in locations appropriate for urban densities.

(b) Allowing only those accessory and complementary nonresidential uses that are compatible with medium density single-family residential communities.

(3) These zones are appropriate where:


(b) Surrounding lands have already been developed for moderate intensity single-family or multifamily housing types but abut more intensely developed commercial, office, employment or other nonresidential land uses - and offer greenbelt, recreation, pedestrian, and transit services most supportive of medium density living arrangements.

16.13.131 R8 and R8-MWD zones - Permitted uses.The following are permitted uses in the R8 and R8-MWD single-family detached/attached residential zone:




16.13.132 R8 and R8-MWD zones - Conditional uses.Conditional uses are those shown on land use Tables 16.30.030 through 16.30.100 and associated development standards as identified in Chapter 16.40 POMC.

16.13.133 R8 and R8-MWD zones - Lot area.Lot area is as described in Table 16.40.025, Densities and Dimensions.

16.13.134 R8 and R8-MWD zones - Lot coverage.Lot coverage is as described in Table 16.40.025, Densities and Dimensions.

16.13.135 R8 and R8-MWD zones - Yards.


Yard requirements are as described in Table 16.40.025, Densities and Dimensions.

16.13.136 R8 and R8-MWD zones - Building height.Building height is as described in Table 16.40.025, Densities and Dimensions.

16.13.137 Residential zone medium-high density single-family attached and multifamily (R12).

(1) Purpose. The purpose of the medium-high density single-family attached and multifamily residential zone (R12 - up to 12.0 units/net useable acre) is to:

(a) Define areas that allow medium-high density residential use - particularly in locations that are well served by the arterial circulation system and community facilities in general;

(b) Implement comprehensive plan goals and policies for housing quality, diversity, and affordability; andi



(a) Providing for a mix of single-family attached housing types including duplex or twins, patio house, atrium house, weak and strong link town or row house and multiplex attached housing products with a variety of densities and sizes in locations appropriate for medium-high urban densities.

(b) Allowing only those accessory and complementary nonresidential uses that are compatible with medium-high density single-family attached and multifamily residential communities.



(b) Surrounding lands have already been developed for medium intensity single-family or multifamily housing types that abut more intensely developed residential, commercial, office, employment or other nonresidential land uses - and offer greenbelt, recreation, pedestrian, and transit services most supportive of medium-high density living arrangements.

16.13.138 R12 zone - Permitted uses.The following are permitted uses in the R12 single-family attached and multifamily residential zone:





16.13.139 R12 zone - Conditional uses.Conditional uses are those shown on land use Tables 16.30.030 through 16.30.100 and associated development standards as identified in Chapter 16.40 POMC.

16.13.140 R12 zone - Lot area.Lot area is as described in Table 16.40.025, Densities and Dimensions.

16.13.141 R12 zone - Lot coverage.Lot coverage is as described in Table 16.40.025, Densities and Dimensions.

16.13.142 R12 zone - Yards.Yard requirements are as described in Table 16.40.025, Densities and Dimensions.

16.13.143 R12 zone - Building height.Building height is as described in Table 16.40.025, Densities and Dimensions.

16.13.144 Residential zone high density single-/multiple-family attached (R20).(1) Purpose. The purpose of the residential high density single-/multiple-family attached zone (R20 - up to 20.0 units/net useable acre) is to:

(a) Allow high density residential development in urban locations where public services and facilities are most available;

(b) Implement comprehensive plan goals and policies for housing quality, diversity, and affordability; and



(a) Providing for a mix of higher density single-/multiple-family attached housing products including clustered village housing types, weak and strong link townhouse and multiplex, garden apartments, and multifamily apartment buildings with a variety of densities and sizes in locations appropriate for urban densities.

(b) Allowing only those accessory and complementary nonresidential uses that are compatible


with multiple-family residential communities.



(b) Surrounding lands have been developed for medium-high density residential dwellings, or commercial, business, employment, public facility or other nonresidential but higher intensity activities - and offer greenbelt, recreation, pedestrian, and transit services most supportive of higher density living arrangements.

16.13.145 R20 zone - Permitted uses.The following are permitted uses in the residential high density single-/multiple-family attached zone (R20):




16.13.146 R20 zone - Conditional uses.Conditional uses are those shown on land use Tables 16.30.030 through 16.30.100 and associated development standards as identified in Chapter 16.40 POMC.

16.13.147 R20 zone - Lot area.Lot area is as described in Table 16.40.025, Densities and Dimensions.

16.13.148 R20 zone - Lot coverage.Lot coverage is as described in Table 16.40.025, Densities and Dimensions.

16.13.149 R20 zone - Yards.Yard requirements are as described in Table 16.40.025, Densities and Dimensions.

16.13.150 R20 zone - Building height.Building height is as described in Table 16.40.025, Densities and Dimensions.

16.13.151 Commercial retail and office (Co) zone.(1) Purpose. The purpose of the commercial retail and office (Co) zone is to provide for the broadest mix of retail, service, office, and commercial recreation/cultural uses serving the Port


Orchard and surrounding market areas and offering significant employment opportunities. (2) These purposes are accomplished by:

(a) Providing for office uses as well as a wider range of the retail, professional, governmental, and personal services than are found in neighborhood and community business areas.

(b) Encouraging planned developments that incorporate aesthetic as well as functional concerns.


(a) Designated by the comprehensive plan when such areas are served by adequate public sewers, water supply, roads, and other needed public facilities and services as defined in the concurrency management system.

(b) Areas are provided convenient, visible, and safe access by vehicle, transit, bicycle, and pedestrian circulation systems located on minor and major arterial roads.

16.13.152 Co zone - Permitted uses.The following are permitted uses in the commercial retail and office (Co) zone:




16.13.153 Co zone - Conditional uses.Conditional uses are those shown on land use Tables 16.30.030 through 16.30.100 and associated development standards as identified in Chapter 16.40 POMC.

16.13.154 Co zone - Lot area.Lot area is as described in Table 16.40.025, Densities and Dimensions.

16.13.155 Co zone - Lot coverage.Lot coverage is as described in Table 16.40.025, Densities and Dimensions.

16.13.156 Co zone - Yards.Yard requirements are as described in Table 16.40.025, Densities and Dimensions.

16.13.157 Co zone - Building height.Building height is as described in Table 16.40.025, Densities and Dimensions.


16.13.158 Employment industrial and office (Eo) zone.(1) Purpose. The purpose of the employment industrial and office zone (Eo) is:

(a) To provide for the location and grouping of industrial and related enterprises and activities involving manufacturing, assembly, fabrication, processing, bulk handling and storage, research facilities, warehousing, and heavy trucking;(b) Provide land for those types of professional, research, business, service, and similar uses which are based in office structures and which require separate sites or developments from other more commercial and retail activities; and

(c) Protect the land base for economic development and employment opportunities.


(a) Allowing for a wide range of industrial and manufacturing uses including more intensive building patterns and floor area ratios.

(b) Establishing appropriate development standards and public review procedures for industrial activities with the greatest potential for adverse impacts.

(c) Limiting residential, commercial, and other uses to that necessary for the convenience of industrial or dedicated office activities.

(d) Allowing for on-site convenient daily retail and personal services for employees.


(a) Land designated on the comprehensive plan is served at the time of development by adequate public sewer, water supply, roads, and other needed public facilities and services as defined in the concurrency management system.

(b) This zone must be provided convenient and safe access by vehicle, transit, bicycle, and pedestrian circulation systems located on minor and major arterial roads.

16.13.159 Eo zone - Permitted uses.The following are permitted uses in the employment industrial and office zone (Eo):





16.13.160 Eo zone - Conditional uses.Conditional uses are those shown on land use Tables 16.30.030 through 16.30.100 and associated development standards as identified in Chapter 16.40 POMC.

16.13.161 Eo zone - Lot area.Lot area is as described in Table 16.40.025, Densities and Dimensions.

16.13.162 Eo zone - Lot coverage.Lot coverage is as described in Table 16.40.025, Densities and Dimensions.

16.13.163 Eo zone - Yards.Yard requirements are as described in Table 16.40.025, Densities and Dimensions.

16.13.164 Eo zone - Building height.Building height is as described in Table 16.40.025, Densities and Dimensions.

16.13.165 Mixed use - Commercial, employment, and residential (Mxd) zone. (1) Purpose. The purpose of the mixed use (Mxd) zone is to:

(a) Provide a permissive and alternative zoning procedure for innovative, pedestrian oriented mixed use site and building developments or physical design proposals that are capable of providing substantial value to the community over conventional zone districting; and

(b) Implement comprehensive plan goals and policies for housing diversity, affordability, and to efficiently use land, public services, and energy. The mixed use district may vary the height, use, organization, design, intensity, size or other feature of the proposed development, but shall not vary from the environmental, market, community impact, infrastructure, design, and other objectives of this title and the comprehensive plan.


(a) Providing for the broadest mix of retail, commercial, business, personal services, office, light industrial, recreational, public facilities, and residential uses in master planned site developments within the same property, building complex, and/or structure.

(b) Conditionally controlling the location, design or inclusion of commercial uses with outdoor storage or auto-related activities that are not appropriate to or may adversely impact a residential use or pedestrian oriented development.

(c) Conditionally controlling the location, design, or inclusion of light industrial uses with outdoor storage, traffic and parking, noise or other physical or operational characteristics that are not appropriate to or may adversely impact a residential use or pedestrian oriented development.


(d) Requiring unique consideration, disposition, control, and approval.

(3) This zone may be appropriate:

(a) Within the downtown and waterfront areas where designated by the comprehensive plan when such areas include historic features, access principal pedestrian walkway corridors, incorporate ground floor commercial and office uses, retain a pedestrian scale, and create a compact site and building development.

(b) On large, contiguous parcels along Bay Street, Bethel Avenue, Mile Hill Drive, SR- 160/Sedgwick Road, and near SR-16 where designated by the comprehensive plan when such areas can be master planned and developed to create compact, cohesive site and building developments that integrate residential use and access to retail and employment areas in identifiable and desirable urban design concepts.

(c) In areas served at the time of development by adequate public sewer, water supply, roads, and other needed public facilities and services as defined in the concurrency management system.

(d) In areas that provide convenient and safe access by pedestrian, bicycle, transit, and vehicle circulation systems located on or accessible from minor and major arterial roads.

16.13.166 Mxd zone - Permitted uses.The following are permitted uses in the mixed use, commercial, employment, and residential (Mxd) zone:




16.13.167 Mxd zone - Conditional uses.Conditional uses are those shown on land use Tables 16.30.030 through 16.30.100 and associated development standards as identified in Chapter 16.40 POMC.

16.13.168 Mxd zone - Lot area.Lot area is as described in Table 16.40.025, Densities and Dimensions.

16.13.169 Mxd zone - Lot coverage.Lot coverage is as described in Table 16.40.025, Densities and Dimensions.


16.13.170 Mxd zone-Yards.Yard requirements are as described in Table 16.40.025, Densities and Dimensions.

16.13.171 Mxd zone - Building height.Building height is as described in Table 16.40.025, Densities and Dimensions.

16.13.172 Community facilities (Cf) zone.(1) Purpose. The purpose of the community facilities zone is to:

(a) Specifically separate and control those public, semi-public, institutional, and private properties, facilities, and services that prime and make feasible centers of urban use. It is also the purpose of this zone to coordinate these uses to the extent that they are serving to prime the same direction, magnitude, orientation, and form of urban growth and avoid waste, inefficiency, or contradiction;

(b) Maximize the known efficiencies of investment, land, site or facility sharing which are possible and desirable when infrastructure is specifically allocated space within the community;

(c) Resolve contradictions or disagreements that could arise between the various agencies or parties responsible for each infrastructure element and the specific public objectives for which they are accountable;

(d) Identify, protect, provide for, and ensure the harmonious relationship, scale, extent, provisions, character, location, and surrounding environs of public, semipublic or commercial use of lands and structures for open space, park, and recreational activities;

(e) Provide for and protect the buffer zones, access, and land use relationships which are often unique between infrastructure and other urban uses such that neither use intrudes upon the other.


(a) Designating the public use as a specific zone subject to the comprehensive plan making process and public forums intended for this purpose;

(b) Designating the public, semipublic or commercial use as a specific zone subject to the comprehensive plan making process and public forums intended for this purpose;

(c) Excluding residential, commercial, office, industrial or other land uses that may cause conflicts with or be adversely affected by the principal public activities, uses or structures contained within this zone.



(a) Designated by the comprehensive plan when the areas are served at the time of development by adequate public sewer, water supply, roads, and other needed public facilities and services as defined in the concurrency management system;

(b) Provided convenient and safe access by pedestrian, bicycle, transit, and vehicle circulation systems located on or accessible from minor and major arterial roads.

16.13.173 Cf zone - Permitted uses.The following are permitted uses in the community facilities zone:




16.13.174 Cf zone - Conditional uses.Conditional uses are those shown on land use Tables 16.30.030 through 16.30.100 and associated development standards as identified in Chapter 16.40 POMC.

16.13.175 Cf zone - Lot area.Lot area is as described in Table 16.40.025, Densities and Dimensions.

16.13.176 Cf zone - Lot coverage.Lot coverage is as described in Table 16.40.025, Densities and Dimensions.

16.13.177 Cf zone - Yards.Yard requirements are as described in Table 16.40.025, Densities and Dimensions.

16.13.178 Cf zone - Building height.Building height is as described in Table 16.40.025, Densities and Dimensions.

16.13.179 Planned residential developments (-PRD).(1) Purpose. The purpose of planned residential development (PRD) is to:

(a) Provide for site design flexibility and thus permit more creative and imaginative projects, or innovative projects that are otherwise beneficial to the community, than generally possible under conventional zoning regulations;


(b) Preserve unique or sensitive physical features, such as steep slopes, views, retention of natural vegetation and to provide more open space and recreational amenities than would be available under conventional land development practices; and

(c) To promote more economical and efficient use of land and a unified design concept for residential development or mixed use/residential development.

(2) Allowable Districts. PRD, denoted by (-prd) after the zone's map symbol, may be permitted in the following zoning districts consistent with the development and design standards of this zoning code: greenbelt, residential 4.5,8,8-MWD, 12, and 20, and mixed use. However, no dwelling units may be transferred to a less intensive zone.

16.13.180 PRD - Permitted uses.(1) Single-family detached dwellings in the Gb, R4.5, R8, R12, and Mxd zones;

(2) Single-family attached and multifamily dwellings in the R12, R20, and Mxd zones; and

(3) All permitted uses as of right in the underlying zones including accessory uses and uses that may be allowed by conditional use permits or special use permits, subject to the requirements in that section of the code.

16.13.181 PRD - Minimum lot area.Parcels proposed for the PRD designation must meet minimum lot requirements as follows:

Greenbelt

Two acres

Residential 4.5,8,8-MWD, 12, and 20

One acre

Mixed use

One-half acre

16.13.182 PRD - Platting requirements.When any parcel of land within a PRD is intended for sale or individual ownership, the platting requirements of the Port Orchard subdivision ordinance and applicable state laws pertaining to subdivisions shall be followed. Applications for plat approval must be submitted and processed concurrently with the application for planned residential development approval.


16.13.183 PRD - Criteria for approval.(1) Planned residential developments may be proposed by the applicant to permit a residential development which otherwise could not be granted. Such a development must meet strict conditions and be a benefit to the surrounding neighborhood and community at large.

(2) The applicant must specifically demonstrate why the PRD is needed by addressing the following criteria in the application:

(a) Project will benefit the community more than if the project complied with the underlying zone standards, guidelines, and policies;

(b) All proposed residential and other land uses are presented through detailed site plans, lot layouts, and building elevations;

(c) Project will preserve unique or sensitive physical features such as steep slopes and views, and retain natural vegetation;

(d) Project will provide more open space and recreational amenities than would be available under conventional land development practices;

(e) Project uses creative design techniques to promote an uncluttered appearance such as a variety of lot sizes, parking at the rear of sites and the provision of alleys;

(f) Demonstrate the project benefit to the surrounding neighborhood and community at large;

(g) Specify the phasing of the development; and

(h) Provide public facility sites or improvements, such as road improvements, utilities, parks, or open space.

16.13.184 Business professional I and II (BP-I and BP-II) zones.(1) Purpose. The purpose of the business professional (BP-I and BP-II) zones differs from general commercial designations in that business professional limits the amount, size and type of retail uses. This designation is intended to support major employment centers such as Harrison Hospital and surrounding hospital/medical district and the Kitsap County administration campus, while serving as a transition with adjacent residential neighborhoods.


(a) Providing for office uses as well as a wider range of the retail, professional, governmental, and personal services than are found in neighborhood and community business areas.


(b) Encouraging planned developments that incorporate aesthetic as well as functional concerns.

(3) These zones are appropriate where:

(a) Designated by the comprehensive plan when such areas are served by adequate public sewers, water supply, roads, and other needed public facilities and services as defined in the concurrency management system.

(b) Areas are provided convenient, visible, and safe access by vehicle, transit, bicycle, and pedestrian circulation systems located on minor and major arterial roads.

(c) Appropriate where traffic management is required.

16.13.185 BP-I and BP-II zones - Permitted uses.The following are permitted uses in the business professional retail and office (BP-I and BP-II) zones:




16.13.186 BP-I and BP-II zones - Conditional uses.Conditional uses are those shown on land use Tables 16.30.030 through 16.30.100 and associated development standards as identified in Chapter 16.40 POMC.

16.13.187 BP-I and BP-II zones - Lot area.Lot area is as described in Table 16.40.025, Densities and Dimensions.

16.13.188 BP-I and BP-II zones - Lot coverage.Lot coverage is as described in Table 16.40.025, Densities and Dimensions.

16.13.189 BP-I and BP-II zones-Yards.Yard requirements are as described in Table 16.40.025, Densities and Dimensions.

16.13.190 BP-I and BP-II zones - Building height.Building height is as described in Table 16.40.025, Densities and Dimensions.


SECTION 3. Chapter 16.30 POMC is hereby amended to read as follows; all other provisions of this chapter shall remain unchanged and in full force and effect (new text in underline, deleted text in strikeout):

Chapter 16.30GENERAL LAND USE REQUIREMENTS - TABLES

Sections:16.30.010 Establishment of uses.

16.30.020 Interpretation of land use tables.

16.30.030 Table 16.30.030 - Government/ business services land uses.

16.30.040 Table 16.30.040 - General services land uses.

16.30.050 Table 16.30.050 - Manufacturing land uses.

16.30.060 Table 16.30.060 - Recreational/cultural land uses.

16.30.070 Table 16.30.070 - Regional land uses.

16.30.080 Table 16.30.080 - Residential land uses.

16.30.090 Table 16.30.090 - Resource land uses.

16.30.100 Table 16.30.100 - Retail land uses.

16.30.010 Establishment of uses.

The use of a property is defined by the activity for which the building or lot is intended,

designed, occupied, or maintained. The use is considered permanently established when that

use will or has been in continuous operation for a period exceeding 60 days. A use which will

operate for less than 60 days is considered a temporary use, and subject to the requirements of

this title. All applicable requirements of this title, or other applicable state or federal

requirements, shall govern a use located within the Port Orchard incorporated area.

16.30.020 Interpretation of land use tables.

The land use tables in this chapter determine whether a specific use is allowed in a zone

district. The zone district is located on the column and the specific use is located on the row of

these tables.

(1) If no symbol appears in the box at the intersection of the column and the row, the use is not allowed in that district, except for certain temporary uses.


(2) If the letter "P" appears in the box at the intersection of the column and the row, the use is allowed in that district subject to the review procedures and general requirements specified in this title.

(3) If the letter "C" appears in the box at the intersection of the column and the row, the use is

allowed subject to the conditional use review procedures and general requirements specified in

this title.

(4) If a number appears in the box at the intersection of the column and the row, the use may

be allowed subject to the appropriate review process indicated above, the general

requirements of this title, and the specific conditions indicated in the development condition

with the corresponding number immediately following the land use table.

(5) If more than one letter-number combination appears in the box at the intersection of the

column and the row, the use is allowed in that zone subject to different sets of limitations or

conditions depending on the review process indicated by the letter, the general requirements

of this title, and the specific conditions indicated in the development condition with the

corresponding number immediately following the table.

(6) All applicable requirements shall govern a use whether or not they are cross-referenced in a

section.

16.30.030 Table 16.30.030 - Government/business services land uses.*

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located within the Port Orchard incorporated area in addition to those described in the notes following.

1. Only SIC industry numbers 8732 and 8734 - Commercial economic, sociological and education research.

2. Subject to conditional approval when the tower or antenna support will exceed the height limits of the

underlying zone.

3. Limited to office use, no staging or overnight parking of vehicles or equipment.

4. Limited to SIC industry number 4215 - Courier services, except by air.

5. Accessory to a multifamily development of at least 12 units provided:

a. The gross floor area in the self-service storage shall not exceed the total gross floor area of the

multifamily dwellings.

b. All outdoor lights shall be deflected, shaded, and focused downward away from all adjoining

property.

c. The use of the facility shall be limited to the occupant's household goods.

d. No servicing or repair of motor vehicles, boats, trailers, lawn mowers or similar equipment.

e. No outdoor storage or storage of flammable liquids, highly combustible or explosive materials or

hazardous chemicals.

f. No residential occupancy of the storage units.

g. No business activity other than rental of storage units by occupants.

h. A resident shall be required on the site and shall be responsible for maintaining the operation of

the facility in conformance with the conditions of approval.

6. Storage limited to accessory storage of commodities sold at retail on the premises or materials used in the

fabrication of commodities sold on the premises.

7. Limited to emergency medical evacuation sites in conjunction with police, fire, health or public service facility.

8. Subject to conditional approval when additional parking is required.

9. A conditional use permit is required if proposed within the downtown overlay district, or if a parking structure is

proposed.

;10. Permitted uses within SIC code are subject to provisions identified below:

a. SIC codes 7311 through 7313, 7319, 7323, 7336, 7338, 7371 through 7376, and 7379 are

permitted uses, limited to office, desktop design, and desktop graphic work. All other activities

must be off site. No on-site retail sales.

b. SIC codes 7322, 7363 and 7383 are limited to office activities only.

■

11. Allowed only as an accessory use to a principal use or a permitted conditional use.i

12. Limited to nondestructive testing.

* Code reviser's note: This table has been editorially amended to delete uses that should have been

deleted with the amendments of Ord. 027-16, per the city's intent.

16.30.040 Table 16.30.040 - General services land uses.

OlP P.yp 01 PIOl u u TS

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school

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* 10

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*

8221-C

College/university2

Note: All applicable requirements of this title, or other applicable state or federal requirements, shall govern a use


1. Except SIC industry group number 7534 - Tire retreading; see manufacturing table, POMC 16.30.050.

2. Except SIC industry group number 835 - Daycare and 836 - Residential care; see residential land use table,

POMC 16.30.080.

3. Only as an accessory to a cemetery.

4. No burning of refuse or dead animals is allowed.

5. If less than or equal to six children, the use is permitted. Otherwise a conditional use permit is required.

6. No kennel operations allowed.


7. Only the following are permitted:

a. SIC 7221, 7231, 7241 except cosmetology schools;

b. Babysitting bureaus (office use only);

c. Blood pressure testing, coin operated;

d. Debt counseling or adjustment services;

e. Diet workshops;

f. Genealogical investigation services;

g. Scalp treatment facility;

h. Quilting for individuals.

8. Limited to 6,000 sq. ft.

9. Administrative support only, no student instruction.

10. Indoor education or training only, no training equipment to be located outside.

16.30.050 Table 16.30.050 - Manufacturing land uses.*

0101 01.2bbCD 0101 T3O) b b b it< <E c< < O< 03o £ £x ■a£ ££ CDcc c •z infO_QJ (13C ec .2X tncc5 X 3X .2 .2P = Permitted oq Z303O o o| CO

toCOCO -aLD

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Food processing and

kindred productsP2, P2

Cl Cl P220 4 ,4

* Marijuana processing P

2082/5 Winery/brewery C C C PC

Textile mill products22 C

Apparel and other

textile productsC PC

23

Wood products except

furnitureC3 PC3

24

Furniture and fixtures25 P4 P4 P

Paper and allied

productsC

26

Printing and publishing PC C C C C P P5 P P

27 5

Chemicals and allied

productsC

28

Petroleum refining and

related productsC

29

01P cuu01 01 01 T3CU uuo b b it< <E c< < O< roo ££x ■o£ £ £ _ro

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C = Conditional£o o 3roO o o to

tototo

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Rubber and

miscellaneous plasticsC

30

Leather and leather

goodsP4 P4 C

31

Stone, clay, glass and

concrete productsP4 P4 P

32

Primary metal

industriesC

33

Fabricated metal

productsP P

34

Industrial and

commercial machineryP

35

Heavy machinery and

equipmentP

351-56

Computer and office

equipmentC C P

357

Electronic and other

electric equipmentC C P

36

Railroad equipment374 C

01Ol 01

u .yb0101 O) TJ0) b b b st< <£ c< O< < roO £X TJ£ .2rocc c ro ±50) rocc C .23 c c c/l5 3 3 .2 .2P = Permitted ,-yq o 3roO o COto

COtoo “OLO

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Guided missile and

space vehicle partsP

376

Miscellaneous

transportation vehiclesP

379

Measuring and

controlling instrumentsPP P

38

Miscellaneous light

manufacturingC4 PC4

39

Motor vehicle and

bicycle manufacturingPC4 C4

*

Aircraft, ship and boat

buildingC4 C4 P

*

Tire retreading7534 C

Movieproduction/distribution

CC C6 C P

781-82 6


1. Limited to agricultural products grown on site, provided structures and areas used for processing shall maintain

a minimum distance of 75 feet from property lines adjoining residential zones.

2. Except slaughterhouses.

3. Limited to uses found in SIC industry groups 2434 - Wood kitchen cabinets and 2431 - Millwork (excluding

planing mills).

4. Permitted if within enclosed buildings and as an accessory use to retail sales.

5. Permitted uses within SIC codes are subject to provisions listed below:

a. Limited to office activities only. No on-site commercial printing permitted.

6. Permitted uses within SIC code are subject to provisions listed below:

a. SIC code 7819 is limited to office use only.

b. SIC codes 7812, 7822,7829, 7832, 7833 and 7841 are not permitted uses. Other SIC codes under

the 78 general category, if not specifically identified in 6a above, are not permitted uses.

* Code reviser's note: This table has been editorially amended to restore uses that were inadvertently

omitted from Ord. 027-16, per the city's intent.

16.30.060 Table 16.30.060 - Recreational/cultural land uses.

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ConferenceC P P C P

* center

Church,

synagogue,temple

C C C C C CC C P P P

866



1. Lighting for structures and fields shall be shielded and directed away from residential areas.

2. Recreational vehicle parks are subject to the following conditions and limitations:

a. The maximum length of stay of any unit shall not exceed 180 days unless otherwise stipulated;

and

b. The minimum distance between recreational vehicle pads shall be not less than 10 feet; and

c. Sewage shall be disposed in a system approved by the Kitsap County health department.

3. Adult entertainment facilities shall be prohibited within 600 feet of any residential zones, schools, licensed

daycare centers, public parks, community centers, public libraries or churches that conduct religious or educational

classes for minors.


4. Lighting shall be shielded and directed away from residential areas.

5. Only as an accessory to an historic site or building.

6. Only of a limited outdoor nature such as an interpretive assembly or amphitheater.

16.30.070 Table 16.30.070 - Regional land uses.*

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1. Except arboretum; see recreational/cultural land use table, POMC 16.30.060.

2. Limited to drop box facilities.

3. All processing and storage of material shall be within enclosed buildings and excluding yard waste processing.

4. Bus storage only.

* This table has been editorially amended to restore uses that were inadvertently omitted from Ord.

027-16, per the city's intent.

16.30.080 Table 16.30.080 - Residential land uses.*

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Organizationhotel/lodging

housesC C

7041



1. Except bed and breakfast.

2. Only as an accessory to a school, college/university, church or conference center.

3. Accessory dwelling units:

a. Only one accessory dwelling per lot or development site;

b. When the primary use of the lot is residential, the primary residence or the accessory dwelling

unit shall be owner-occupied;

c. When the primary use of the lot is residential, the accessory dwelling unit shall be less than 50

percent of the living area of the primary residence;

d. One additional off-street parking space is provided;

e. When the primary use of the lot is residential, the accessory dwelling unit shall be converted to


another permitted use or shall be removed if at least one of the units ceases to be owner-

occupied; and

f. Within the commercial retail and office, business professional I and II, and employment industrial

and office zones, an accessory dwelling unit is allowed for the purpose of housing a resident

manager, caretaker, or security personnel for the commercial, office or industrial use(s) on the site.

4. No customers are allowed on site.

5. In the R20 zone, home (cottage) industry and home occupation are allowed in single-family detached homes

only.

6. Permitted with approval of a planned residential development.

7. Permitted as part of mixed use development with approval of a conditional use permit (maximum R-20 density).

8. Medical marijuana cooperative:

a. Only as an accessory use located within a residential dwelling unit;

b. The cooperative shall be registered with the state Liquor and Cannabis Board and all members

shall be registered in the state medical marijuana authorization database and hold valid

recognition cards;

c. The cooperative shall obtain and maintain a city business license according to Chapter 5.12

POMC;

d. The cooperative shall operate in accordance with all requirements of Chapter 69.51A RCW.

9. Within the downtown overlay district or the mixed use zone, an accessory dwelling unit shall be located on or

above the second floor of the building in which it is located. Stand-alone accessory dwelling units are not allowed

in the downtown overlay district or the mixed use zone.

10. Shall comply with the requirements of Chapter 16.38 POMC.

* Code reviser's note: This table has been editorially amended to restore uses unintentionally omitted

from Ord. 027-16, per the intent of the city.

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Resource Accessory Uses

Resource

Caccessory* uses



1. May be further subject to the provisions of the shoreline management program.

2. Only forest research conducted within an enclosed building.

3. Only within an approved enclosed or contained facility subject to appropriate county and state requirements.

4. Only artisan type activities, such as pottery or glass blowing, which are a secondary or accessory use to a retail

activity.

5. As a secondary or accessory use to a residential activity without retail sales, where larger than 200 square feet.

6. May be further subject to the provisions of EPA and DOE in regard to the use of fertilizers, pesticides, and other

chemicals.

7. May be further subject to the provisions of EPA and DOE in regard to the buffering of streams, wetlands, and

other freshwater corridors.

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* Pet shop P P

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6512

Petroleum

2911 Petroleum refining C



1. Only hardware and garden materials shall be permitted.

2. Limited to 25 percent of gross floor area up to 4,000 square feet.

3. a. Limited to products grown on site; and

b. Covered sales area shall not exceed 1,000 square feet.

4. Only the sale of new or reconditioned automobile supplies is permitted.

5. Excluding SIC industry number 5813 - Drinking places.

6. Adult entertainment facilities shall be prohibited within 600 feet of any residential zones, schools, licensed

daycare centers, public parks, community centers, public libraries, or churches that conduct religious or


educational classes for minors.

7. Limited to office use.

8. No drive-through permitted.

9. Limited to a maximum of 2,000 sq. ft. and no franchise outlets. Drive-through not permitted.

* Code reviser's note: This table has been editorially amended to restore uses unintentionally omitted

from Ord. 027-16, per the intent of the city.

SECTION 4. Chapter 16.40 POMC is hereby amended to read as follows; all other provisions of this chapter shall remain unchanged and in full force and effect (new text in underline, deleted text in strikeout):

Chapter 16.40DEVELOPMENT STANDARDS - DENSITY AND DIMENSIONS

Sections:

16.40.010 Purpose.

Interpretation of table.

Densities and dimensions.

Measurement methods.

Calculations - Minimum and maximum density.

Calculations - Net useable site area.

Calculations - Allowable dwelling units.

Density credits.

Lot area - Reduction prohibited.

Setbacks - Modifications.

Setbacks - Regional utility corridors.

Setbacks-Alleys.

Setbacks - Adjoining half-street rights-of-way.

Setbacks - Projections allowed.

Heights - Exceptions to limits.

16.40.020

16.40.025

16.40.030

16.40.035

16.40.040

16.40.050

16.40.060

16.40.070

16.40.080

16.40.090

16.40.100

16.40.110

16.40.120

16.40.130


16.40.010 Purpose.

The purpose of this chapter is to establish basic dimensional standards for development in

relation to residential density, as well as specific rules for general application. These standards

and rules are established to provide flexibility in project design, provide solar access, and

maintain privacy between adjacent uses.

16.40.020 Interpretation of table.

(1) The table in POMC 16.40.025 contains general density and dimension standards for the

various zones within the city, as well as limitations specific to a particular zone(s). Additional

rules, exceptions, and methodologies relating to density and dimension are set forth in this

chapter.

(2) The densities and dimensions table in POMC 16.40.025 is arranged in a matrix format.

Development standards are listed down the left side of the table, and the zones are listed at the

top. The matrix cells contain the minimum dimensional requirements of the zone. The

parenthetical numbers in the matrix identify specific requirements applicable to a specific use

or zone. A blank box indicates that the standard does not apply in that situation. If more than

one standard appears in a cell, each standard will be subject to any applicable parenthetical

footnote following the standard. See Table 16.40.025, Densities and Dimensions.

16.40.025 Densities and dimensions.

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Table 16.40.025 - Densities and Dimensions

aC

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cc

R8-CfMxdGb BP EoR8 R12 R20 CoSTANDARDS R4.5

MWD

(17)(18)(21)

Downtownoverlay

district2727 27 27 2727 27 27 2727

(20)(21)

1. Measured from the existing edge of a street right-of-way. Applies to front yards, corner lots, and through lots.

2. From side or rear site or property boundary line. May be zero feet minimum within the mixed use district in the

downtown area as allowed by the International Building Code (IBC).

3. May be zero lot line if structures meet IBC fire code and emergency access.

4. Useable acreage covered by buildings, roads, parking lots, and other built improvements. Mixed use

developments within the downtown district may achieve 95 percent site coverage. Mixed use outside of

downtown shall be no more than 85 percent site coverage.


5. Softscape may include perimeter buffers, parking lot plantings, and other landscape with soil or other natural

surfaces.

6. Hardscape may include patios, plazas, entryways, and other paved or hard surfaced pedestrian/landscaped

areas in lieu of softscape. Unless hardscape surfaces are constructed with permeable materials, the hardscape

surface area shall be included in calculating the maximum impervious surface percentage.

7. Building height is measured to the roof drip line at any point around the structure from the lowest point of the

finished grade, unless a fire protection plan is approved by both the city development director and the fire

authority.

8. View protection districts are established separately by city council resolution. Additional height may be allowed

as a conditional use. Refer to POMC 16.40.030 and view protection overlay district standards, POMC 16.20.700

through 16.20.713.

9. Except as defined in POMC 16.40.100.

10. All lot sizes are measured in square feet unless a planned residential development has been approved.

11. If required parking is served by an alley, residential street setbacks may be reduced to 10 feet. Ten-foot front

yard setback also applies to residential flag lots measured from the property line closest to the main entrance to

the residence.

12. For every 10 feet of building height over 33 feet, an additional 10 feet of street setback shall be provided.

13. Plats recorded prior to 1910 as identified in the appendix are exempt from the minimum required lot size.

Instead, minimum lot size shall be 5,000 square feet or any single lot of record in separate ownership on August

28,1972.

14. See small lot development standards.

15. For purposes of the view protection overlay district, building height shall be measured to the mid-line of the

roof from the elevation of the uphill property line.

16. Maximum building height may be increased from 27 feet up to a maximum of 39 feet through conditional use

permit approval.



permit approval.

18. For the purposes of those lots abutting Bay Street within the downtown overlay district, building height shall

be measured from the existing Bay Street elevation.


permit approval. Building height shall be measured from the existing elevation of Bethel Avenue at the parcel's

frontage.


permit approval. Building height shall be measured from the uphill elevation of either the existing or finished

grade, whichever is lower, at the foundation or slab. Average uphill elevation shall be used if not level.

21. Building height shall be measured to the highest point of the structure or any appurtenance of the structure.

22. The maximum density allowed in the mixed use zone within the central downtown overlay district shall be 48

units per acre.

23. Minimum setback from front yard ROW: 10 ft to house wall; 20 ft to garage door; 5 ft to porch.

24. Minimum setback for side yard: 5 ft to lot line; 10 ft to ROW (corner lot).

25. Minimum setback for rear yard: 10 ft to house wall; 5 ft to unenclosed patio at ground level.

16.40.030 Measurement methods.

The following provisions shall be used to determine compliance with this chapter;

(1) Street setbacks shall be measured from the existing edge of public rights-of-way, improved

or unimproved.

(2) Structure height shall be measured from the uphill elevation of the finished grade at the slab

or foundation, whichever is lower, to the highest point on the structure roof. If the uphill

elevation is not level, then the average uphill elevation shall be the measurement basis.

(3) Lot area shall be the total horizontal land area contained within the boundaries of a lot.

(4) Impervious surface calculations shall not include areas of turf, softscape landscaping, natural


vegetation, or surface water retention/detention facilities

16.40.035 Calculations - Minimum and maximum density.

(1) The minimum density shall be calculated by multiplying the development's subject site net

useable site area, as calculated pursuant to POMC 16.40.040, by the minimum number of

dwelling units required in the applicable zoning district.

(2) The maximum density shall be calculated by multiplying the development's subject site net

useable site area, as calculated pursuant to POMC 16.40.040, by the maximum number of

dwelling units allowed in the applicable zoning district.

(3) The units associated with assisted living, congregate care, nursing home, residential care

facilities and the like, that rely on shared cooking/dining facilities, will not be counted for

purposes of the minimum/maximum density calculation. Independent dwelling units (i.e.,

containing a bed, bathroom, and a kitchen with a sink, stove, and refrigerator) in such group

living residential uses, however, shall be counted as individual dwelling units in the density

calculation. The density for nonindependent dwelling units shall not be transferred to another

portion of the development.

16.40.040 Calculations - Net useable site area.

The net useable site area is the development subject site's total (gross) site area minus areas

for public rights-of-way, private road easements, designated critical areas and buffer

protection, and stormwater management facilities; but not including parks and public or private

recreation facilities dedicated or created as an integral part of the development.

16.40.050 Calculations - Allowable dwelling units.

Permitted number of units shall be determined as follows:

(1) The maximum allowed number of dwelling units shall be computed by multiplying the net

useable site area by the applicable residential density.

(2) When calculations result in a fraction, the fraction shall be rounded to the nearest whole

number as follows:


(a) Fractions of 0.50 or above shall be rounded up; and

(b) Fractions below 0.50 shall be rounded down.

16.40.060 Density credits.Critical areas and their buffers may be used in the calculation of allowed residential density whenever two or more residential lots or two or more multifamily dwelling units are created subject to the following limitations:

(1) Full density credit shall be allowed for erosion and seismic hazard areas. Flood hazard areas

outside of streams, wetlands, or associated buffers shall be counted for full density credit.

(2) No density credit shall be

allowed for streams, lakes,

ponds, and other bodies of

water.(3) Partial to full

density credit shall be

allowed for steep slopes,

landslide hazard areas,

wetlands, and required

buffers for any critical area

according to the following

table:Percent of Site in

Buffers and/or Critical

Areas (percent)Density Credit

(percent)

1-10 100

11-20 90

21-30 80

31-40 70

41-50 60

51-60 50

61-70 40

71-80 30


(2) No density credit shall be

allowed for streams, lakes,

ponds, and other bodies of

water.(3) Partial to full

density credit shall be

allowed for steep slopes,

landslide hazard areas,

wetlands, and required

buffers for any critical area

according to the following

table:Percent of Site in

Buffers and/or Critical Areas (percent)

Density Credit (percent)

81-90 20

91-99 10

(4) Allowed density on sites containing critical areas shall be calculated as follows:

(a) Determine the percentage of site area in critical areas and buffers by dividing

the total area in required critical areas and buffers by the total site area.

(b) Multiply the density credit percentage set forth in subsection (3) of this section

by the site area in critical areas and buffers to determine the effective critical area.

(c) Add the effective critical area to the site area not in critical areas or buffers.

The resulting acres shall be considered the effective site area for purposes of

determining the allowable dwelling units pursuant to the zoning regulations.

(d) By way of example, the density credit provisions apply as follows for a 10-acre

site under the R8 zone:

(i) The square feet in the site is 435,600 of which ponds include 45,000 square

feet, steep slopes include 82,000 square feet, and required wetland buffers

include 60,000 square feet.


(ii) Divide the total amount of critical areas and buffers (187,000 square feet)

by the total site (435,600 square feet) equal to 42.9 percent.

(iii) Apply the density credit from the chart (equal to a 60 percent density

credit where the amount of site in a critical area is between 4l and 50

percent).

(iv) Multiply the steep slopes and required buffers only (142,000 square feet

since no credit is received for ponds) by the density credit of 60 percent equal

to 85,200 square feet.

(v) Add the unconstrained site area (248,600 square feet) plus the critical

area density credit (85,200 square feet) to create the effective site area for

density calculations (333,800 square feet).

(vi) Divide the total effective site area by 43,560 square feet to determine

acreage (333,800 square feet/43,560 square feet/acre equals 7.6 acres) and

multiply by the density allowed in the R8 zone (7.6 acres multiplied by eight

dwelling units/acre) equals 60.8 which is rounded up to 61 dwelling units

maximum (note that the maximum density may be reduced by other

provisions of this code).

(5) The density transfer can be utilized only within the development proposal site. The applicant

may cluster and configure the site's development to accommodate the transfer of density but

cannot change the type of uses or housing products allowed within the zone proper.

16.40.070 Lot area - Reduction prohibited.

Any portion of a lot that was required to calculate and ensure compliance with the standards

and regulations of this chapter shall not be subsequently subdivided or segregated from such

lot.

16.40.080 Setbacks - Modifications.

The following setback modifications are permitted:

(1) When the common property line of two lots is covered by a building(s), the setbacks


required by this chapter shall not apply along the common property lines.

(2) When a lot is located between lots with structures having nonconforming street setbacks,

the required street setback for such middle lot may be the average of the two nonconforming

setbacks or 60 percent of the required street setback, whichever results in the greater street

setback.

16.40.090 Setbacks - Regional utility corridors.

(1) In subdivisions and short subdivisions, areas used as regional utility corridors as identified in

this code shall be contained in separate tracts.

(2) In other types of land development permits, easements shall be used to delineate such

corridors.

(3) All buildings shall maintain a minimum distance of five feet from property or easement lines

delineating the boundary of regional utility corridors, except for utility structures necessary to

the operation of the utility corridor and/or as required by the Department of Health

16.40.100 Setbacks - Alleys.

(1) Structures may be built no closer than 15 feet from the center line of an abutting alley.

(2) Vehicle access points from garages, carports or fenced parking areas shall be set back a

minimum of 10 feet from the alley property line to provide a driving surface.

16.40.110 Setbacks - Adjoining half-street rights-of-way.

In addition to providing the standard street setback, a lot adjoining a half-street right-of-way or

designated arterial shall provide an additional width of street setback sufficient to

accommodate construction of the future planned right-of-way.

16.40.120 Setbacks - Projections allowed.

Projections complying with the adopted International Building Code may extend into the

required setbacks as follows:

(1) On ground and upper floor uses in all districts and on upper floor uses only in the mixed use


district (Mxd) in the downtown area - fireplace structures, bay or garden windows, enclosed

stair landings, closets, or similar structures may project into any setback, provided such

projections are:

(a) Limited to two per facade;

(b) Not wider than seven feet; and

(c) Not more than 24 inches into an interior setback or 24 inches into a street setback.

(2) Uncovered porches and decks which exceed 18 inches above the finished grade may project:

(a) Twenty-four inches into interior setbacks; and

(b) Six feet into the street setback except where the allowable setback is zero feet as in the

mixed use district within the downtown area.

(3) Uncovered porches and decks not exceeding 18 inches above the finished grade may project

to the property line.

(4) Roof eaves, including any part of a roof structure whether unsupported or supported by

diagonal bracing to the building, must be more than seven feet above finished grade and may

not project more than:

(a) Twenty-four inches into an interior setback including within a zero lot line development; or

(b) Twenty-four inches into a street setback except where the allowable setback is zero feet as

in the mixed use district within the downtown area.

(5) Fences with a height of six feet or less may project into any setback; provided, that the sight

distance requirements are maintained along street corridors.

16.40.130 Heights - Exceptions to limits.

The following structures may be erected above the height limits:

(1) Roof structures housing or screening the following: elevators, fire access stairways, tanks,

ventilating fans, fire or parapet walls, skylights, or similar equipment required for building

operation and maintenance; and


(2) Flagpoles, chimneys, smokestacks, church steeples, clock towers, communication

transmission structures, utility line towers and poles, and similar structures.

SECTION 5. Severability. If any section, sentence, clause or phrase of this Ordinance should be held to be unconstitutional or unlawful by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this Ordinance.

SECTION 6. Corrections. Upon the approval of the city attorney, the city clerk and/or code publisher is authorized to make any necessary technical corrections to this ordinance, including but not limited to the correction of scrivener's/clerical errors, references, ordinance numbering, section/subsection numbers, and any reference thereto.

SECTION 7. Publication. A summary of this ordinance in the form of the ordinance title may be published in lieu of publishing the ordinance in its entirety.

SECTION 8. Effective Date. This Ordinance shall take effect and be in full force and effect five (5) days after publication, as provided by law.

PASSED by the City Council of the City of Port Orchard, APPROVED by the Mayor and attested by the City Clerk in authentication of such passage this 25th day of April 2017.

Robert Putaansuu, Mayor

SPONSOR;ST:

Scott Diener, CouncilmemberBrandy Rinearson, CMC, City Clerk

l i SEAL : 1APPROVED AS TO FORM:

nJp^rron Cates, City Attorney

May 5, 2017 May 10, 2017

PUBLISHED: EFFECTIVE DATE:

NOTICE OF CITY OF PORT ORCHARD ORDINANCE

The following is a summary of an Ordinance approved by the Port Orchard City Council at their regular Council meeting held April 25, 2017.

ORDINANCE NO. 015-17

AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON, AMENDING PORT ORCHARD MUNICPAL CODE CHAPTER 5.94 (SPECIAL EVENTS) TO INCLUDE POLICIES ON CITY STREET AND STATE HIGHWAY CLOSURES; PROVIDING FOR SEVERABILITY AND PUBLICATION; AND SETTING AN EFFECTIVE DATE.

Copies of Ordinance No. 015-17 are available for review at the office of the City Clerk of the City of Port Orchard. Upon written request a statement of the full text of the Ordinance will be mailed to any interested person without charge. Thirty days after publication, copies of Ordinance No. 015-17 will be provided at a nominal charge. City of Port Orchard Brandy Rinearson City Clerk Published: Friday, May 5, 2017

ordinance no. 016-17 an of the city of port … · mwd, in order to allow alternative site design...

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