Bremerton City Zoning Code
Division III
ZONING
§ 20.40.010 TITLE.
This title shall be known as the "City of Bremerton zoning code." This code shall consist of this text and the map entitled "City of Bremerton official zoning map."
(Ord. 4950 §§ 8 (Exh. A) (part), 10, 2005; Ord. 5301 § 3 (Exh. B) (part), 2016)
§ 20.40.020 AUTHORITY.
§ 20.40.030 INTENT AND PURPOSE.
The intent of this title is to regulate the physical development of all lands within the City of Bremerton's jurisdiction, except federally owned properties, in order to provide for orderly development within the City. The purpose is:
(a)
To implement the City's Comprehensive Plan;
(b)
To protect the community's social and economic stability, as well as the positive qualities and unique characteristics of all areas throughout the community;
(c)
To address both natural and manmade environmental considerations as part of the land use and development permitting processes;
(d)
To ensure the orderly and beneficial development and use of all lands by:
(1)
Reserving an adequate supply of developable land area for each major category of land use and in the most appropriate locations;
(2)
Preventing the encroachment of incompatible uses; and
(3)
Providing clear, concise regulations and development guidelines that are consistent with City goals and visions; and
(e)
To protect the public's health, safety and welfare as a whole and not to create a duty of protecting any person or class of persons.
(Ord. 4950 § 8 (Exh. A) (part), 2005; Ord. 5301 § 3 (Exh. B) (part), 2016)
§ 20.40.040 ADMINISTRATIVE AUTHORITY.
The Director shall have the authority to make and issue orders, rules, requirements, permits, interpretations, decisions, or determinations as necessary in the administration and enforcement of the provisions of this title, except when provided for otherwise.
(Ord. 4950 § 8 (Exh. A) (part), 2005; Ord. 5301 § 3 (Exh. B) (part), 2016)
§ 20.40.050 DEFINING "SHALL" AND "MAY."
The word "shall" is always mandatory; the word "may" denotes a use of discretion in making a decision.
(Ord. 4950 § 8 (Exh. A) (part), 2005; Ord. 5301 § 3 (Exh. B) (part), 2016)
§ 20.40.060 MINIMUM REQUIREMENTS.
The provisions set forth in this title shall constitute the minimum requirements necessary to promote the public health, safety, morals, and general welfare.
(Ord. 4950 § 8 (Exh. A) (part), 2005; Ord. 5301 § 3 (Exh. B) (part), 2016)
§ 20.40.070 CONFLICTS.
The provisions of this title shall govern when this code imposes a greater restriction than is required by other ordinances, regulations, easements, covenants, or other agreements. In the case of internal conflicts within this code, the most restrictive provision shall prevail.
(Ord. 4950 § 8 (Exh. A) (part), 2005; Ord. 5301 § 3 (Exh. B) (part), 2016)
§ 20.40.080 INTERPRETATIONS.
The Director shall have the authority to make written interpretations when necessary for clarification or to resolve conflicts within these regulations. The Director's interpretations are processed as a Type I Director's decision as prescribed in Chapter 20.02 BMC. Any person may submit a written request for a code interpretation to the Director, or the Director may issue a code interpretation on the Director's own initiative. A request for a code interpretation shall include the following:
(a)
The provision of this title for which an interpretation is requested;
(b)
Why an interpretation of the provision is necessary;
(c)
Any reason or material in support of a proposed interpretation; and
(Ord. 4950 § 8 (Exh. A) (part), 2005; Ord. 5301 § 3 (Exh. B) (part), 2016)
§ 20.40.090 ZONING DESIGNATIONS.
Zoning is the primary implementing tool of the Comprehensive Plan. The Plan's land use designations provide the basis for the official zoning map, which breaks each of those designations into more specific zones. Each zone includes the land use standards and development requirements for development in each zone. Figure 20.40(a) lists the zones and the general category of each zone, which are included herein.[1]
(Ord. 4950 § 8 (Exh. A) (part), 2005; Ord. 5301 § 3 (Exh. B) (part), 2016)
[1]
Editor's Note: Figure 20.40(a) is included as an attachment to this title.
§ 20.40.100 ZONING MAP INTERPRETATIONS.
The Director shall use the following criteria to interpret the official zoning map:
(a)
Where a zone boundary is indicated as approximately following a property line, the property line is the zone boundary.
(b)
Where a zone boundary is indicated as following a street or other right-of-way, the centerline of the street or right-of-way is the zone boundary.
(c)
Where a zone abuts or extends into a lake or into Puget Sound, the zone boundary extends into that body of water to the full limit and territorial extent of the jurisdiction and control of the City.
(d)
Where a zone boundary is not indicated to follow a property line, street, or other right-of-way, the boundary line is as drawn, based on the scale shown on the zoning map.
(Ord. 4950 § 8 (Exh. A) (part), 2005; Ord. 5301 § 3 (Exh. B) (part), 2016)
§ 20.40.110 COMPLIANCE WITH OTHER LAWS.
Nothing in this title shall be construed to excuse compliance with other applicable federal, state, or local laws or regulations.
(Ord. 4950 § 8 (Exh. A) (part), 2005; Ord. 5301 § 3 (Exh. B) (part), 2016)
§ 20.40.120 CITY LIABILITY.
Nothing in this title shall be construed to impose any duty upon the City or any of its officers or employees so as to subject them to liability for damages not otherwise imposed by law to protect individuals from personal injuries or property damage.
(Ord. 4950 § 8 (Exh. A) (part), 2005; Ord. 5301 § 3 (Exh. B) (part), 2016)
§ 20.40.130 PROPERTY OWNER/APPLICANT RESPONSIBILITY.
(a)
It is the intent of this title to place the obligation of complying with the requirements of this title and all applicable laws and regulations upon the owner, and jointly and severally upon the occupant of the land and buildings within its scope.
(b)
The applicant is responsible to provide accurate and complete information and plans to comply with the requirements of this title and all applicable laws and regulations. The City is not responsible for the accuracy of information or plans provided to the City for review or approval.
(Ord. 4950 § 8 (Exh. A) (part), 2005; Ord. 5301 § 3 (Exh. B) (part), 2016)
§ 20.40.140 SCOPE OF UNLAWFUL ACTIVITY.
It shall be unlawful for any person, firm or corporation to erect, construct, alter, repair, move, remove, convert, demolish, use, occupy, or maintain any structure or use of land, or any portion, in violation of the provisions of this title. The violation shall exist until the unlawful act and/or unlawful use has been remedied or abated.
(Ord. 4950 § 8 (Exh. A) (part), 2005; Ord. 5301 § 3 (Exh. B) (part), 2016)
§ 20.40.150 SIMILAR USE DETERMINATION.
Whenever a proposal is not listed as a permitted, conditional or accessory use in the zone, it may be permitted in that zone if the Director determines it is a use similar to a listed use for that zone.
(a)
The applicant shall make in writing requests for a similar use determination. The determination shall be processed as a Type I Director's decision as set forth in the procedures for a Type I decision in Chapter 20.02 BMC.
(b)
The Director shall issue a decision in writing and shall consider the scale, visual impacts, traffic generation, relationship to surroundings, and other factors which influence and/or define the nature of the proposal.
(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. 4950 § 8 (Exh. A) (part), 2005; Ord. 5301 § 3 (Exh. B) (part), 2016)
§ 20.40.160 PROHIBITED USES.
(a)
No use that is illegal under local, state, or federal 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, operation, or maintenance of any business, building, or use which violates any City, state, or federal law or statute.
(Ord. 4950 § 8 (Exh. A) (part), 2005; Ord. 5205 § 3, 2013; Ord. 5301 § 3 (Exh. B) (part), 2016)
§ 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)[1] identifies the relationships between a Comprehensive Plan designation and establishes the zoning districts that may be approved within each Comprehensive Plan designation.
(Ord. 4950 § 8 (Exh. A) (part), 2005; Ord. 5301 § 3 (Exh. B) (part), 2016)
[1]
Editor's Note: Figure 20.40(a) is included as an attachment to this title.
§ 20.40.180 ENFORCEMENT.
(a)
It is the duty of the Director to enforce the provisions of this title. Enforcement actions may include one or more of the following:
(b)
Land Use/Permit Revocation. A permit or land use approval may be revoked if:
(1)
The work is not authorized by a valid permit 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 ordinance, statute, or regulation; or
(5)
The work is, in the Director's judgment, a hazard to property or public safety, is adversely affecting 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.
(Ord. 4950 § 8 (Exh. A) (part), 2005; Ord. 5301 § 3 (Exh. B) (part), 2016)
§ 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 permit 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. 4950 § 8 (Exh. A) (part), 2005; Ord. 5301 § 3 (Exh. B) (part), 2016)
§ 20.40.200 VIOLATION - PENALTY.
(a)
Any violation of any provision of this title constitutes a civil violation under Chapter 1.04 BMC for which a monetary penalty may be assessed and abatement 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. 5091 § 3, 2009; Ord. 5111 § 2, 2010; Ord. 5364 § 4, 2018; Ord. 5390 § 2, 2019; Ord. 4950 § 8 (Exh. A) (part), 2005; Ord. 5301 § 3 (Exh. B) (part), 2016)
§ 20.42.010 INTRODUCTION TO DEFINITIONS.
Terms not defined herein shall take their meaning from definitions in the Comprehensive Plan, Shoreline Master Program and other ordinances incorporated by reference. If a specific term is not defined or referenced, it shall take its normal and customary meaning within the context of how it is used. When not inconsistent with the context, words used in the present tense include the future, words in the singular include the plural, and words in the plural include the singular. The following terms are defined in this chapter and shall be applied to the provisions of this title.
(Ord. 4950 § 8 (Exh. A) (part), 2005; Ord. 5301 § 3 (Exh. B) (part), 2016)
§ 20.42.040 DEFINITIONS.
The following definitions shall be applied within this title:
(a) "Abandoned sign" "Abandonment" or "abandoned" "Accessory dwelling unit (ADU)" "Accessory use, activity or structure" "Acre, gross" "Acre, net" "Adjoining" or "adjacent" "Administrative design review" "Administrative Hearing Examiner" Adult Entertainment Business. "Adult family home" "Alley" "Alteration" "Alteration, structural" "Antenna tower"(1) (2) "Antenna, wireless"(1) (2) (3) "Applicant" "Appurtenance" or "appendage" "Area of a sign" "Art gallery" "Art studio" "Assisted living facility" "Automobile sales" "Automobile service and repair" "Awning/canopy"
Definitions "A":
means any sign, including its structure and other components, which is located on vacant property or an unoccupied building for a period of one (1) year or more and which, during that time, is not used for legal sign purposes; or which relates to a time, event or purpose which no longer applies; and/or which has been allowed to deteriorate to become a public hazard or eyesore.
means to cease operation for a period of ninety (90) or more consecutive days unless documentation is provided to the City that negotiations are underway potentially leading to the sale, lease, or resumption of operations, in which case a wireless communications facility may not be considered abandoned for an additional period not to exceed ninety (90) days.
means a second dwelling unit on a lot with an existing principal unit added to or created for use as a complete, independent or semi-independent living unit with provisions for cooking, eating, sanitation and sleeping, and which complies with the development and design standards contained in this code for ADUs (BMC § 20.46.010).
means a use, activity, structure or part of a structure which is subordinate and incidental to the permitted principal use or building, located on the same lot or parcel with such principal use or building, and erected or established only after or in conjunction with the establishment of the principal use or building.
means a measurement of land equal to forty-three thousand five hundred sixty (43,560) square feet with no deductions or subtractions for elements such as public or private streets or nondevelopable areas. (See also "Acre, net.")
means a measurement of land after subtracting public and private streets, rights-of-way, and other unusable or nondevelopable areas of land from a gross acre of land (forty-three thousand five hundred sixty (43,560) square feet). (See also "Acre, gross.")
means property that touches or is directly across a public or private right-of-way. This does not include property across from limited access highways or arterials with four (4) lanes of traffic or more.
means a development permit process whereby an application is reviewed, approved, or denied by the Director of Community Development or designee based solely on objective design and development standards without a public predecision hearing, unless such review is otherwise required by state or federal law, or the structure is a designated landmark or historic district established under a local preservation ordinance. A city may utilize public meetings, hearings, or voluntary review boards to consider, recommend, or approve requests for variances from locally established design review standards.
means a person appointed with the powers set forth in Chapter 2.13 BMC. The term "Administrative Hearing Examiner" shall likewise include the Examiner Pro Tem. As used in this chapter, "Administrative Hearing Examiner" shall not mean the Municipal Court Hearing Examiner established pursuant to Chapter 2.62 BMC.
See BMC § 20.46.110.
means a residential home in which a person or persons provide personal care, special care, room, and board to more than one (1) but not more than six (6) adults who are not related by blood or marriage to the person or persons providing the services; provided, however, any limitation on the number of residents resulting from this definition shall not be applied if it prohibits the City from making reasonable accommodations to disabled persons in order to afford such persons equal opportunity to use and enjoy a dwelling as required by the Fair Housing Amendments Act of 1988, 42 U.S.C. 3604(f)(3)(b).
means any public right-of-way or thoroughfare having a typical width of at least ten (10) feet, but generally not more than thirty (30) feet, which has been dedicated or deeded to the public for public use and which affords only secondary means of access to abutting properties, primarily for service purposes.
means any change in the size, shape, method of illumination, position, location, construction or the supporting structure of a sign.
means any changes or repairs to the supporting members of a structure, or to the configurations of the roof or exterior walls, that would prolong the life of the supporting members of a building or structure. This does not include minor actions such as adding a doorway or window, or attaching architectural features, appurtenances, or adornments.
means any structure that is designed and constructed primarily for the purpose of supporting one (1) or more antennas, including but not limited to self-supporting lattice towers, guy towers or monopole towers.
"Type I tower"
means a tower up to, but not exceeding, sixty (60) feet in height.
"Type II tower"
means a tower greater than sixty (60) feet in height.
means any exterior equipment attached or mounted to a building or tower in the form of one (1) or more rods, panels, discs or similar devices used for the transmission or reception of radio or electromagnetic frequency signals.
An "omnidirectional antenna"
transmits and receives radio frequency signals in a three hundred sixty (360) degree radial pattern. For the purpose of the provisions set forth in BMC § 20.46.140, an omnidirectional antenna is up to fifteen (15) feet in height and up to seven (7) inches in diameter. If otherwise meeting the definition, a whip antenna is considered an omnidirectional antenna.
A "directional antenna"
transmits and receives radio frequency signals in a specific directional pattern of less than three hundred sixty (360) degrees.
A "parabolic antenna"
is a device of generally parabolic shape for the reception and transmission of radio frequency signals in a specific directional pattern. Also referred to as a satellite dish.
means a person who applies for any permit or approval to do anything governed by this title and who has legal standing to apply for a permit or approval on the specific property.
means a supplemental component, architectural feature, or decoration that has been added to or extends outward from the exterior of a building wall and is not a primary component of the structure itself. This includes bay windows, low decks, open porches, awnings, chimneys, and other similar features.
means the total space within the frame or outer dimensions of a sign and including any logos or other artistic or architectural features that are directly related to or an integral part of the sign. (See also BMC § 20.52.060, Sign Measurements.)
means a room or series of rooms where art such as paintings, sculptures or other works are exhibited.
means a loft, room, group of rooms or building in which an artist works. This includes facilities for the production of photographic works (still or motion), painting, sculpture, dance, music or similar activities. A studio is often found in combination with a gallery or may be an accessory use to a retail business or other use. This does not include incidental artist work areas within a residence, which produce no odors or noise that negatively impact adjacent properties.
means a residential facility for elderly persons (age fifty-five (55) or older) who require moderate to extensive assistance with daily tasks such as cooking, eating, bathing, housekeeping, dispensing of medicines, shopping, appointments and other tasks.
means an establishment primarily engaged in the sale or rental of personal or commercial vehicles such as cars, trucks, vans, recreational vehicles, boats, motorcycles, etc. See "Retail, general" for clarification of automobile sales that are wholly indoors.
means an establishment primarily engaged in repairing, maintaining, or servicing automobiles, including battery exchange station. Servicing and repairing of automobiles on a residential lot for automobiles that are not registered to the property owners or tenants on the site shall be considered automobile service and repair.
means a temporary or movable shelter (awning), or a fixed rigid shelter (canopy) supported entirely by the exterior wall of the building and generally extending over a pedestrian walkway. When used in conjunction with signs, only that portion of the awning or canopy that is actually used as a sign shall be included in sign area calculations. Lighting of the awning or canopy, whether directly, indirectly, or by backlighting, shall have no effect on the sign requirements, unless lighted signs are specifically prohibited in that area or zone.
(b) "Battery charging station" "Battery exchange station" "Bay window" "Bed and breakfast" "Buffering" "Building code" "Building coverage" "Building envelope, allowable" "Building line" "Bulletin board/kiosk"
Definitions "B":
means a fully automated facility that will enable an electric vehicle with a swappable battery to enter a drive lane and exchange the depleted battery with a fully charged battery through a fully automated process, which meets or exceeds any standards, codes, and regulations set forth by Chapter 19.28 RCW and consistent with rules adopted under RCW 19.27.540.
means a window projecting outward from an exterior wall of a structure. The protrusion has a maximum depth of thirty (30) inches, and a maximum horizontal width of twelve (12) feet. The base of the projecting window is at least twenty-four (24) inches above grade directly below the center of the window.
means an owner-managed and owner-occupied residential single-unit dwelling in which rooms or other overnight accommodations are rented on a nightly basis. Meals may be included that are included as part of the basic compensation. This does not include group residential homes, boarding and rooming houses.
means a structural, earthy, or vegetative form used to minimize the impacts of one land use upon another. A buffer may include any one or a combination of fences, walls, berms, high shrubs, trees, or other landscaping. Distance separation is also a form of buffering.
means the International Building Code and related codes as amended and adopted by the City of Bremerton.
means that portion of a lot covered by the roof areas of all structures. This shall not include open decks up to thirty (30) inches above ground, except if it provides a roof over occupancy underneath.
means the three (3) dimensional space within which a structure is permitted to occupy. Height, floor area ratio, setbacks, lot coverage and similar restrictions establish the building envelope.
means a line on a lot, generally parallel to property lines and located a sufficient distance from the property lines, to provide the minimum yard areas required by this code. Building lines establish the area within which buildings are permitted and do not necessarily correspond with the location of any existing structures or other improvements.
means a permanent sign structure intended to accommodate changeable copy such as private or public notices, special event information, and other short-term messages, and generally at a scale suitable for pedestrians and not intended to be read by passing motorists.
(c) "Car wash" "Caretaker" "Caretaker's residence" "Carport" "Change of use" "Changeable copy/readerboard sign" "City" "Collective garden" "Community facility" "Construction sign" "Cottage housing" "Cottage housing development" "Courtyard apartments"
Definitions "C":
means a business engaged in washing, waxing, polishing, and general cleaning of automobiles, small trucks, light utility vehicles and small recreational vehicles, but that is not designed to handle larger commercial trucks and buses. It includes self-service, full-service, and automated car washes and auto detailing services.
means a person who maintains or watches over someone else's land or property on a part-time or full-time schedule. The caretaker may live on the property or elsewhere.
means an accessory dwelling unit provided by the owner of a property to be used exclusively as living quarters for the caretaker(s) of that property.
means an attached or detached partially enclosed accessory structure intended primarily for the storage of private vehicles such as automobiles, light trucks, or recreational vehicles which is open to the weather on at least two (2) sides.
means a change in the utilization or occupancy of a property or building from one (1) use to another.
means a sign structure that may be internally or externally illuminated and intended to accommodate changeable lettering, numbering, graphic displays, or other short-term messages. Generally used for commercial advertising or for public service announcements of current or coming events. (Also see "Public information/identification sign.")
means the City of Bremerton, Washington.
means gardens established and/or maintained for the growing, production, transportation, and delivery of cannabis, by qualifying patients, for medical use, as defined in RCW 69.51A.085, as currently enacted and hereinafter amended.
means a facility operated by a public agency or nonprofit organization for social gatherings, meetings, learning, recreation, programs to promote economic independence, or similar functions.
means a sign that relates directly to a construction project taking place on the premises and may include such information as the name of the project and contractors, phone numbers, completion dates, and similar information about the project.
means residential units on a lot with a common open space that either: (1) is owned in common; or (2) has units owned as condominium units with property owned in common and a minimum of twenty (20) percent of the lot size as open space. Units shall not be greater than one thousand two hundred (1,200) square feet, and shall not share any common walls, ceilings, or floors with other residential units.
means a lot containing more than one (1) principal conventional dwelling unit. Units shall not be greater than one thousand two hundred (1,200) gross square feet, and shall not share any common walls, ceilings, or floors with other principal conventional dwelling units.
means attached dwelling units arranged on two (2) or three (3) sides of an open space area, with a minimum open space dimension of fifteen (15) feet along any side.
(d) "Day care facility" "Deck" "Density" "Density, maximum" "Density, minimum" "Detached" "Detoxification center" "Development coverage" "Development regulations" or "regulations" "Development standards" "Directional sign" "Director" "Drinking place" "Drive-through facility" "Driveway" "Duplex" "Dwelling, conventional" "Dwelling, duplex" "Dwelling, modular or factory-built" "Dwelling, multi-unit structure"(1) "Dwelling, single-unit attached" "Dwelling, single-unit structure" "Dwelling, townhouse," "Dwelling unit"
Definitions "D":
means a facility licensed by the State of Washington and approved by the City to provide regular care for adults or children for periods of less than twenty-four (24) hours.
means an open platform wider than eighteen (18) inches. A deck may be freestanding, cantilevered from a building, or connected to the ground with steps or ramps. A deck that is higher than thirty (30) inches above finish grade may be referred to as a raised deck, a rooftop deck, a balcony, or other suitable term.
means a measure of residential concentration, usually expressed as the number of dwellings per acre of land. For the purposes of calculating allowable densities within this code, density shall be measured on a "net" basis, whereby unusable areas such as rights-of-way and lands in public or shared ownership shall be deducted from the overall area in the calculation. For example, a one hundred twenty (120) acre area containing twenty (20) acres of rights-of-way and public lands and three hundred (300) dwellings has a (net) density of three (3) dwellings per acre (three hundred (300) dwellings/one hundred (100) usable acres). (See also "Acre, net" and "Acre, gross.")
means the maximum number of dwellings allowed per the gross buildable acreage as stated for each zone. Where not specified in a zone chapter, no maximum density shall apply.
means the minimum number of required dwellings per net buildable acre as stated for each zone. Where not specified in a zone chapter, the associated Comprehensive Plan land use density applies.
means any residential structures on the same lot that are not connected and have a fire separation of no less than six (6) feet as defined in Section R302 of the IRC. For commercial structures see the International Building Code.
means a facility providing for the care and treatment of an intoxicated person during the period in which the person recovers from the transitory effects of acute intoxication.
means that portion of a lot covered by the impervious surface areas of all structures, and impervious paved areas, such as driveways and walkways.
means the controls placed on development or land use activities by a county or city, including, but not limited to, zoning ordinances, critical areas ordinances, shoreline master programs, official controls, planned unit development ordinances, subdivision ordinances, and binding site plan ordinances together with any amendments thereto. A development regulation does not include a decision to approve a project permit application, as defined in RCW 36.70B.020, even though the decision may be expressed in a resolution or ordinance of the legislative body of the county or city.
means controls placed by the City on building or site design and development, including parking requirements, floor area allowances, density allowances, minimum lot coverage, and other dimensional standards.
means a permanent sign which is designed solely for the purpose of directing motor vehicle, pedestrian, bicycle, or other traffic, or individuals toward a specific destination or route.
means Bremerton's Director of Community Development and his/her designee.
means an establishment selling intoxicating beverages for consumption on the premises.
means an automobile-oriented component of a permitted use that includes both service window(s) and a stacking lane designed primarily for drive-through trade, and which provides service and caters to patrons while in their motor vehicles. (See BMC § 20.44.120.)
means a private roadway providing access for vehicles to a parking space, garage, dwelling, or other structure.
means a structure containing two (2) dwelling units on a single lot.
means any building or structure that is built or assembled (in the case of a modular structure) on the site and in conformance with the provisions of the International Building Code (IBC).
means a building designed and arranged exclusively for occupancy by two (2) families living independently of each other in separate dwelling units.
means buildings or structures that are constructed primarily in a factory and transported to the site for assembly or installation. All temporary wheels, axles, and other appliances used in the transport are removed at the destination and the structure is permanently placed, unless approved as a temporary placement by the City. Such structures are constructed to the standards of either the International Building Code (IBC) or the HUD Code. (See also "Manufactured home.")
means a structure containing three (3) or more dwelling units. (Also referred to as a "multifamily structure.") Multi-unit structures also include:
"Dormitories"
means a structure intended principally for sleeping accommodations, where no individual kitchen facilities are provided, and which is related to an educational institution or maintained by a nonprofit welfare organization.
means two (2) single-unit dwellings (houses) that are attached at a common side lot line with each dwelling located entirely on its own lot. This does not include row houses or other housing types having more than two (2) attached units. (See also "Zero lot line.")
means a structure containing one (1) dwelling unit. (Also referred to as a "single-family dwelling," or a "house.")
for purposes of this code, means a single-unit structure in a row of at least three (3) or more such units in which each unit has its own access to the outside, no unit is located over another, and each is separated from any other unit by one (1) or more common fire-resistant walls.
means a living space or combination of rooms designed to provide independent year-round living facilities for one (1) family or household, constructed to the minimum standards of the IBC or HUD Code, and with provisions for sleeping, eating and sanitation.
(e) "Easily adaptable to a commercial use" "Education" and "school" "Education, higher and college" "Electric vehicle charging station" "Electric vehicle infrastructure" "Entertainment use" "Equipment structure"
Definitions "E":
means the space is constructed to meet International Building Code (IBC), International Fire Code (IFC), and utility requirements for minimum standards accepted by the Department for a Type-B occupancy.
means an institution primarily engaged in teaching and learning, operated by a public school district, nonprofit organization, or a private organization. Business and trade schools and Montessori schools are included, as are satellite buildings of higher education colleges.
means a higher education college or university primarily engaged in teaching and research, and comprised of multiple educational buildings within a campus setting.
means a public or private parking space that is served by battery charging station equipment that has as its primary purpose the transfer of electric energy (by conductive or inductive means) to a battery or other energy storage device in an electric vehicle. An electric vehicle charging station equipped with Level 1 (120 volts) or Level 2 (240 volts) charging equipment is permitted outright as an accessory use to any principal use.
means structures, machinery, and equipment necessary and integral to support an electric vehicle, including battery charging stations, rapid charging stations, and battery exchange stations.
means an establishment with a primary function as a venue for entertainment activities in an indoor facility, excluding motion picture theaters and adult entertainment. Entertainment uses include video arcades, bowling alleys, billiard halls, performing arts centers, dance halls/night clubs and similar uses.
means a structure, shelter, cabinet, or vault used to house and protect the electronic equipment necessary for processing wireless communication signals. Associated electronic equipment may include air conditioning, backup power supplies and emergency generators.
(f) "Fence" "Finance," "insurance" and "real estate" "Fiveplex" "Foster home" "Fourplex" "Franchise business" "Freestanding sign" "Frontage"
Definitions "F":
means a structure built to prevent escape or intrusion, or to provide privacy, screening, or buffering from noise or other undesirable impacts or activities beyond the property line. Also includes freestanding walls.
mean an establishment primarily involved in finance, such as depository and nondepository institutions, holding companies, investment companies, and brokers; insurance, such as carriers of all types, agents and brokers; and real estate, such as leasers, buyers, sellers, agents and developers.
means a residential building with five (5) attached dwelling units.
means a dwelling unit in which a full-time resident provides temporary care and supervision on a full-time basis to not more than six (6) foster children, three (3) expectant mothers, or three (3) other adults requiring full-time care.
means a residential building with four (4) attached dwelling units.
means a business granted authorization by a manufacturer or parent company to sell or distribute goods or services at a certain location.
means a sign which is designed solely for the purpose of directing motor vehicle, pedestrian, bicycle, or other traffic, or individuals, toward a specific destination or route, which is not affixed to a building.
means the actual length of the front property line abutting a street or alley (if no street frontage), or length of the property line of a flag lot that most closely parallels the street it most directly relates to.
(g) "Garage" "Gas station" "Grade" "Grade plane" and "grade, average final" "Grade, existing" "Gross floor area (g.f.a.)" "Group residential"(1) (2) (3)
Definitions "G":
means an attached or detached enclosed accessory structure intended primarily for the storage of private vehicles such as automobiles, light trucks or recreational vehicles.
means a land use involving the retail sale of gasoline or other motor vehicle fuel or oil, including electric vehicle rapid charging stations. Gas stations include self-service and full-service operations.
means the lowest point of elevation of the finished surface of the ground, paving or sidewalk within the area between the building and the property line. When the property line is more than five (5) feet from the building, grade is the lowest point of elevation of the finished surface between the building and a line five (5) feet from the building. For structures built over water, "grade" shall mean the elevation of the ordinary high water mark. For the purposes of signs, "grade" is the level of the ground surface immediately below a sign or proposed sign location, and where slope is involved is the average of the levels at each supporting member of the sign's structure.
means a horizontal reference plane representing the average of finished ground level adjoining the building at exterior walls. Where the finished ground level slopes away from the exterior walls, the reference plane shall be established by the lowest points within the area between the building and the lot line or, where the lot line is more than six (6) feet from the building, between the building and a point six (6) feet from the building.
means the grade or topography existing prior to any excavation, clearing, grading or filling.
means the sum of all horizontal areas of floors of a structure when measured from the exterior faces of exterior walls, including glazed or screened porches.
means a place of residence for persons with physical, developmental or mental disabilities, homeless or otherwise dependent persons (not including dormitories), typically with shared living quarters without separate kitchen facilities for each room or unit. Group homes are intended to provide residential facilities in a home-like environment. Such homes range from licensed establishments operated with twenty-four (24) hour supervision to nonlicensed facilities offering only shelter. This classification includes group care residence for those whose permanent residence is the group residential facility. It does not include transient lodging. This definition shall not be construed to include crisis care facilities or detoxification centers. Group residential facilities are categorized as follows:
"Group residential home"
means a residential home in which a person or persons provide personal care, special care, room, and board to more than one (1) but not more than six (6) children and/or adults who are not related by blood or marriage to the person or persons providing the services; provided, however, any limitation on the number of residents resulting from this definition shall not be applied if it prohibits the City from making reasonable accommodations to disabled persons in order to afford such persons equal opportunity to use and enjoy a dwelling as required by the Fair Housing Amendments Act of 1988, 42 U.S.C. 3604(f)(3)(B).
"Group residential facility - Class I (assisted living)"
means a group care residence for seven (7) or more children and/or adults who for various reasons cannot reside in their natural homes; and/or for persons who have severe chronic disabilities or physical handicaps that cause substantial functional limitations. This facility may provide physical therapy and training in social skills. It does not include facilities to which persons are assigned as a result of criminal conviction or those where residents, individually or by their legal guardians, are not free to terminate their residency at will.
"Group residential facility - Class II"
means a group care residence for juvenile delinquents, persons serving a sentence in lieu of confinement, persons needing correctional or mental rehabilitation, or persons needing rehabilitation and treatment for social and/or family problems, drug or alcohol addiction, or abuse. This definition includes programs providing alternatives to imprisonment; transition back into the community including prerelease, work-release, probationary programs that are under the supervision of a court, state, or local agency and for housing of sexually violent predators as defined in RCW 71.09.020(18). Teaching of work or social skills may be provided in this class facility but it does not include drug or alcohol detoxification centers.
(h) "Heavy industrial/manufacturing" Height. "Home occupation" "Homeowners' association" "Hospital" "Hotel" and "lodging place" "Household"
Definitions "H":
means a land use involving assembly, construction, research and testing, processing or extraction of goods or materials, with the potential to create noise, smoke, dust, vibration, odor or other environmental impacts or pollution. Storage of equipment or products having similar environmental impacts are also included. Heavy industrial/manufacturing uses include extraction or refinement of raw materials, mass production of large durable goods, production of industrial chemicals, rolling or drawing of metals, and any process that involves extensive use of hazardous or volatile materials or chemicals. Production processes that produce continuous high levels of noise, produce obnoxious odors detectable off site, or produce off-site light or glare impacts constitute heavy industrial/manufacturing. (See also "Light industrial/manufacturing.")
Related to existing or proposed buildings, height is determined pursuant to BMC § 20.44.070, except that the highest point of a building with a pitched or hipped roof shall be considered, for purposes of this definition, to be the highest point of the roof.
means any nonresidential use carried out for monetary gain which is secondary to the use of the property for residential purposes, and which is operated in accordance with the home occupation standards of this code.
means an association of homeowners that has responsibility for commonly owned property within its residential development and which enforces covenants and restrictions on commonly owned areas or private property.
means a licensed institution providing primary health care services and medical or surgical care to persons, primarily inpatients, suffering from physical or mental conditions, and which may include related facilities as an integral part of the institution.
means an establishment that offers transient lodging accommodations to the general public, and which may provide such related services such as restaurants, meeting rooms, gift shops, beauty shops and recreational facilities.
means all persons, regardless of age, sex, or family relationships, that reside as a single unit in a dwelling intended for single household occupancy. Such group quarter facilities as dormitories, boarding houses, nursing homes or similar accommodations typically do not provide facilities for households.
(i) "Illegal sign" "Impervious surface" "Incidental signs" "Incubator for business" "Indoor emergency housing" "Indoor emergency shelter"
Definitions "I":
means any sign or advertising device which was erected or altered in violation of the sign codes in effect at the time of such action and which remain in violation of existing codes.
means any material which reduces or prevents absorption of stormwater into previously undeveloped land. (See also "Paved surface.")
means signs that are intended for the convenience of the public, which are informational only, and which do not include the advertising of products or services. Such signs include business hours signs, credit card signs, entrance and exit signs, and similar signs, some of which may be required by law for safety purposes.
means a facility that provides organizational, mentoring or capital support intended to accelerate the successful development of start-up companies, or imparts job and business skills to employees or trainees. Incubated businesses make progress toward graduation to independence and relocation into permanent facilities.
is temporary indoor accommodations for individuals or families who are homeless or at imminent risk of becoming homeless that is intended to address the basic health, food, clothing, and personal hygiene needs of individuals or families. Emergency housing may or may not require occupants to enter into a lease or an occupancy agreement.
is a facility that provides a temporary shelter for individuals or families who are currently homeless. Emergency shelter may not require occupants to enter into a lease or an occupancy agreement. Emergency shelter facilities may include day and warming centers that do not provide overnight accommodations.
(j) "Junk yard"
Definitions "J":
means a place where discarded or salvaged materials are bought, sold, exchanged, stored, baled, packed, disassembled, or otherwise handled. This includes automotive wrecking yards, house wrecking yards, and storage of structural steel materials and equipment, but does not include used or salvaged machinery in operable condition nor the processing of used, discarded or salvaged materials as a minor part of manufacturing operations.
(k) "Kennel"
Definitions "K":
means an establishment where five (5) or more domestic animals older than six (6) months are kept, whether for compensation or not. This does not include veterinary clinics/hospitals, pet shops or zoos.
(l) "Light industrial/manufacturing" "Loading area" "Lot" "Lot area" "Lot, depth" "Lot, flag" "Lot line, front" "Lot line, rear" "Lot line, side" "Lot, waterfront" "Lot, width"
Definitions "L":
means a land use involving assembly, processing or research and testing of parts or materials or chemicals made or refined at another location. Light industrial/manufacturing uses have little or no potential of creating noise, smoke, dust, vibration or other environmental impacts or pollution. Production processes do not employ the extensive use of hazardous or volatile materials or chemicals, produce continuous high levels of noise, produce obnoxious odors detectable off site, or produce off-site light or glare impacts. Storage of equipment or products that do not create environmental impacts, and mini-storage as a primary use is included. (See also "Heavy industrial/manufacturing.")
means an area designed and intended for the temporary parking of a vehicle while loading or unloading passengers, merchandise or other materials.
means any area, tract or parcel of land owned by or under the lawful control and in the lawful possession of one distinct ownership undivided by a dedicated street or alley or another ownership, and which has a minimum of twenty (20) feet of frontage on a street.
means the area within the boundary lines of a lot. When creating new lots, the calculation for each new lot area shall not include public and private streets, wetlands, and other areas that may be restricted from use or from the types of development allowed by the zone in which the property is located, except when an unbuildable critical area, as defined per BMC § 20.14.200, comprises twenty-five (25) percent or less of the lot, it may be included in the lot area.
means the horizontal distance between the front and rear property lines of a lot, measured along a line midway between the side property lines. The depth of an irregular lot or a lot having more or fewer than two (2) side lot lines will be determined in the most reasonable manner, based on the lot's longest average dimension.
means a lot with access to its street by way of a narrow strip of land having a minimum width of twenty (20) feet. A flag lot consists of two (2) parts.
means any property line that abuts a public street, private street, alley (if the alley provides primary access) or ordinary high water mark, and is considered a frontage. (See also Figure 20.44(a).[1])
means the property line most opposite or most distant from the designated front lot line and does not intersect any front lot line. Corner lots do not have rear lot lines. (See also Figure 20.44(a).)
means any lot line not defined as a front or rear lot line, or any lot line that intersects a front lot line. (See also Figure 20.44(a).)
means a lot of which any portion abuts wetlands or any water body regulated under the Bremerton Shoreline Master Program.
means the average horizontal distance between side lot lines, measured at right angles to the lot depth line. The Director may use reasonable modifications to this procedure when determining the width of an irregular lot.
[1]
Editor's Note: Figure 20.44(a) is included as an attachment to this title.
(m) "Maintain" "Major transit stop" "Manufactured home" "Marina" "Medical office" and "clinic" "Middle housing" "Mini-storage," "Mixed-use building" "Mobile home" "Monument sign" "Motion picture theater" "Multiple-building complex" "Multiple-occupancy building" "Museum" and "gallery"
Definitions "M":
means to allow to exist or continue to exist. Also, where the context indicates, to keep in a safe, neat and clean condition.
means either a stop on a high-capacity transportation system funded or expanded under the provisions of Chapter 81.104 RCW; or commuter rail stops; or stops on rail or fixed guideway systems; or stops on bus rapid transit routes, including those stops that are under construction.
means a single-family dwelling required to be built in accordance with regulations adopted under the National Manufactured Housing Construction and Safety Standards Act of 1974 (42 U.S.C. 5401 et seq.). The unit shall bear an insignia issued by a state or federal regulatory agency indicating that the manufactured home complies with all applicable construction standards of the U.S. Department of Housing and Urban Development (HUD). Commercial coaches, recreational vehicles, travel trailers, and motor homes are neither manufactured homes nor dwelling units. (See "Mobile home.")
means a facility which provides moorage or wet or dry storage for watercraft or float planes, and which may offer marine-related sales and services.
mean an establishment primarily engaged in providing medical, dental or other health care services to patients on the premises, but which excludes facilities for overnight patient care. Medical clinics that do not have facilities for overnight patient care are included.
means buildings that are compatible in scale, form, and character with single-family houses and contain two or more attached, stacked, or clustered homes including duplexes, triplexes, fourplexes, fiveplexes, sixplexes, townhouses, stacked flats, courtyard apartments, and cottage housing.
for the intent of this title, means an accessory business that may contain office and individual compartmentalized self-storage units, stalls, or lockers which are rented or leased for the storage of household or business goods, supplies or materials. Mini-storage shall be an accessory use that is subordinate and incidental to the permitted principal use. (See "Light industrial/manufacturing" for further clarification of "mini-storage" when it is a primary use.)
means the development of a site or building with a combination of residential and nonresidential uses in a single or physically integrated group of buildings.
means a factory-built dwelling built before June 15, 1976, to standards other than the National Manufactured Housing Construction and Safety Standards Act of 1974 (42 U.S.C. 5401 et seq.), and acceptable under applicable state codes in effect at the time of construction or introduction of the home into this state. Mobile homes are accommodated within some existing mobile home parks, but are not allowed on individual lots. (See "Manufactured home.")
means a freestanding sign placed on a base of solid appearance, wherein the width of the base is equal to at least 40% of the width of the sign face.
means any premises in which motion pictures are shown as the principal use of the premises, and wherein fees of any kind are charged, and wherein such movies are shown on a regular basis.
means a group of structures housing a combination of business, office, residential, or other uses, and which shares a common area, access, parking and/or other facilities.
means a single building housing more than one retail business, office, commercial venture or other allowed land use.
mean a building, room, vessel (boat or ship), or site intended for the preservation and exhibition of artistic, historical, or scientific objects.
(n) "Nonconforming sign" "Nursery" and "greenhouse"(1) (2) (3) "Nursing/convalescent home"
Definitions "N":
means a sign that was legally established, but no longer conforms to the current sign standards of this title.
means facilities used for the propagation and sale of agricultural or ornamental plants and related products:
"Retail nursery/greenhouse"
offers products to the general public including plant materials, planter boxes, fertilizer, sprays, garden tools, and related items.
"Wholesale nursery/greenhouse"
raises nursery stock for sale to retail nurseries or other businesses.
"Greenhouse"
means a nursery facility constructed with transparent or translucent materials for indoor propagation of plants. A private greenhouse with no commercial sales is considered an accessory use.
means any home, place or institution which operates or maintains facilities providing convalescent or chronic care, or both, for a period in excess of twenty-four (24) consecutive hours for three (3) or more patients not related by blood or marriage to the operator, who, by reason of illness or infirmity, are unable properly to care for themselves. Convalescent and chronic care may include but not be limited to any or all procedures commonly employed in waiting on the sick, such as administration of medicines, preparation of special diets, giving of bedside nursing care, application of dressings and bandages, and carrying out of treatment prescribed by a duly licensed practitioner of the healing arts. It may also include community-based care. This does not include group residential facilities, hospitals, sanitariums, or treatment centers.
(o) "Office" and "business service, general" "Off-premises sign" "Open space" "Outdoor athletic fields"
Definitions "O":
means a place of employment providing services other than production, distribution, sale or repair of goods or commodities, excluding personal business services and medical offices. General office and business services include: legal, architectural, engineering, consulting or other professional services, or management, administrative, secretarial, marketing, advertising, or similar services.
means any sign, including billboard signs, that contains a message or directs attention to a business, profession, product, event, activity, or service that is not related to a use or activity conducted or offered on the premises or at the location where the sign is located, excluding official road direction signs but including the sign faces(s) that contain(s) the message or direction noted above, as well as the pole or other structure upon which the sign face is attached. Off-premises signs include off-premises banners and signs carried by human beings or live animals when carried on the public right-of-way or any off-premises location.
means areas retained for use as active or passive recreation areas or for resource protection, including, but not limited to, landscape areas, gardens, walkways, courtyards, lawns, or outdoor recreation areas.
means outdoor facilities used for sporting activities such as softball, baseball, football, soccer, running track, tennis complex and other nonmotorized sports. Outdoor athletic fields may include bleachers, concession stands, lights, restrooms and other supporting facilities.
(p) "Parcel" "Park," "playground" and "open space" "Parking, satellite" "Parking, structure" "Paved surface" "Pedestrian-oriented"(1) (2) (3) "Permanent supportive housing" "Personal service" "Physical fitness and health club" "Pole sign" "Porch" "Portable sign" "Premises" "Private club or lodge" "Projecting sign" "Public administration" "Public distribution/transmission facility" "Public information/identification sign" "Public services" "Public utility facility"
Definitions "P":
means a continuous quantity of land in single ownership or under single control, consisting of one or more lots, and considered a unit for purposes of development. (See "Lot.")
mean a site designed, developed, or reserved for recreational use by the public, such as play areas, community gardens and natural areas.
means a parking lot containing parking stalls required for a permitted land use which conforms to BMC § 20.48.220.
means a parking lot in which parking stalls are located either below grade, or in a multilevel building structure.
means a surface paved with asphalt, concrete, concrete pavers, brick or similar durable materials. Low-impact development technologies which provide a hard surface while allowing for water penetration shall be classified as paved areas. Paved areas do not include gravel, crushed rock, and similar nonbound materials.
means commercial uses with the following attributes:
Scale and character that encourages an approach by either walking or cycling.
Walk-in trade and small business establishments such as specialized retail and food stores, restaurants, personal service establishments, convenience stores, professional services.
Contain outdoor displays and contribute to the ground level activity of the street.
is subsidized, leased housing with no limit on length of stay that prioritizes people who need comprehensive support services to retain tenancy and utilizes admissions practices designed to use lower barriers to entry than would be typical for other subsidized or unsubsidized rental housing, especially related to rental history, criminal history, and personal behaviors. Permanent supportive housing is paired with on-site or off-site voluntary services designed to support a person living with a complex and disabling behavioral health or physical health condition who was experiencing homelessness or was at imminent risk of homelessness prior to moving into housing to retain their housing and be a successful tenant in a housing arrangement, improve the resident's health status, and connect the resident of the housing with community-based health care, treatment, or employment services. Permanent supportive housing is subject to all of the rights and responsibilities defined in Chapter 59.18 RCW.
means an establishment engaged primarily in providing services involving the care of a person, apparel or minor appliances, such as: shoe repairs, laundry and dry-cleaning, beauty and barber shops, clothing/costume rental, tanning, other personal grooming facilities and domestic assistance services, and personal computing device or cellular phone repairs. This does not include massage parlors, health care services, exercise establishments, nor funeral services.
means an establishment primarily engaged in providing facilities for indoor physical fitness activities and recreation. Physical fitness and health clubs may include such facilities as gymnasiums, swimming pools, and ball courts.
means a freestanding sign supported by uprights or braces wherein the width of the uprights or braces comprises less than 40% of the width of the sign face.
means a roofed open area attached to a building or other structure, usually at an entrance to the structure. A porch that is enclosed, glazed or screened may lose its status as an appurtenance.
means any sign designed to be moved easily and not permanently affixed to the ground or to a structure or building. A-frame or sandwich board signs, movable readerboard signs, and signs that are mounted, attached or painted on a trailer, boat or motor vehicle which is parked, stored or displayed conspicuously in a manner intended to attract the attention of the public are examples.
means contiguous land in the same ownership or control not divided by a street or public right-of-way.
means structures, facilities and grounds owned or operated by a private or fraternal organization for use by its members and guests.
means a sign, other than a wall sign, which is attached to and projects from a structure or building facade and the face(s) of which is not parallel to the building's facade. This sign may be supported by a structure in addition to its building or wall support.
means services and facilities operated by public agencies and serving a community need, and generally including staffed facilities or office spaces. These include government offices, post offices, satellite police and fire stations, and other public buildings.
means the infrastructure lines and connections employed in the delivery and conveyance of utility services. Distribution facilities include equipment such as pipes, wires, cables and similar equipment necessary for delivering utilities including water, sewer, electricity, gas, broadband, and other services. Publicly owned utilities as well as privately owned utilities that serve the general public are included. (See also "Public utility facility.")
means a sign intended solely to inform the public of events or activities of community interest, to identify the entrance to or exit from the City or a district or neighborhood within the City, and which does not include the advertising of any business, product or service of a commercial nature, nor any logo, symbol, or other indication of a commercial message or sponsorship.
means services provided for the benefit of the general public, including fire protection and suppression, law enforcement, public health, education, information, recreation, environmental protection, development assistance/permitting, etc.
means facilities provided for the benefit of the general public related to infrastructure and utilities. These include structures and equipment such as transfer stations, substations, pumping stations, distribution mains, wells, and related utility facilities and the structures that house them. Publicly owned utilities as well as privately owned utilities that serve the general public are included. (See also "Public distribution/transmission facility.")
(q)
Definitions "Q": Reserved.
(r) "Rapid charging station" "Recreational vehicle" "Recreational vehicle (RV) park" "Recycling center" "Recycling collection station" "Recycling collection station (limited)" "Rehabilitation" "Residential, as secondary use" "Residential use" "Restaurant" "Restaurant, fast food" "Retail, general" "Retail, large"
Definitions "R":
means a vehicular-type unit primarily designed for recreational camping or travel use that has its own motive power or is mounted on or towed by another vehicle. These units include, but are not limited to, travel trailers, fifth-wheel trailers, folding camping trailers, truck campers, boat trailers, and motor homes.
means a facility designed to provide two (2) or more sites on which to park travel trailers, motor homes or similar recreational vehicles for periods not to exceed thirty (30) days. Accessory uses to an RV park often include a swimming pool, playground equipment, convenience store, bathing and laundry facilities, and other camping/travel services.
means a facility for the collection, storage and processing of recyclable materials including crushing, breaking, sorting, packaging and related operations. A "junk yard" is not a recycling center.
means a facility consisting of structures, bins, or other containers designed or intended for the collection and temporary storage of recyclable materials until they are picked up and transported to another location for processing and/or packaging.
means a recycling collection station for the collection of glass, tin cans, aluminum, cardboard, newspaper, magazines, plastics, and other recyclables in small units, but not including large appliances, furniture, auto parts, tires, hazardous or liquid wastes, or any forms of domestic garbage (putrescible wastes).
means the upgrading of a building from a dilapidated or substandard condition.
means when permitted in a nonresidential zone, a residential land use is not always accessory to other uses, but is considered secondary and subordinate to the principal uses of that zone. Residential uses are placed in locations that don't conflict with street level frontage locations that are reserved for retail, office and other business uses that comprise the primary function of that zone. (See design standards in center and corridor zones.)
means structures meeting the definition of Group R occupancies under the edition of the International Building Code currently adopted for use by the City.
means a commercial use which sells a variety of prepared food and beverages and provides accommodations for consuming those products on or off the premises.
means an establishment whose principal business is the sale of a limited variety of preprepared or rapidly prepared food and beverages directly to the consumer for consumption either on premises or off premises. Food is generally not served to the customers' tables, but is more often dispensed through a walk-up counter or drive-through take-out window.
means an establishment primarily engaged in the sale or rental of goods or merchandise to the general public for personal or household consumption, and primarily rendering services incidental to the sale of such goods. Establishments with a portion of their sales going to other businesses or contractors, such as office supply stores, butcher shops, paint stores, hardware stores and similar shall also be considered general retail. Art studios shall also be included. General retail uses do not exceed seventy-five thousand (75,000) gross square feet of ground floor building area and do not include gas stations or outdoor automobile sales. Automobile sales that are wholly indoors (no outdoor storage or vehicles), shall be considered general retail.
means an establishment with a building area of seventy-five thousand (75,000) gross square feet or greater in the ground floor, primarily engaged in the sale or rental of goods or merchandise to the general public or other businesses for personal, household or business consumption and primarily rendering services incidental to the sale of such goods. Large retail uses often include wholesale stores, discount stores, malls, shopping plazas, outlet centers, department stores and similar.
(s) "Senior citizen" "Senior housing complex" "Setback, maximum" "Setback, minimum" Shop. "Shopping center" "Sidewalk vendor" "Sign" "Sign structure" "Sixplex" "Social services" "Stacked flat" "Stacking lane" "Stadium and sports complex" "Storage building" and "shop" "Storage yard, outdoor storage" "Story" "Street" "Street, private" "Structure" "Structure, accessory" "Structure, principal" "Support structure"
Definitions "S":
means an individual of fifty-five (55) years of age or older.
means a planned residential community, intended and operated for occupancy by senior citizens, which consists of any mix of detached single-family or duplex dwellings and/or retirement apartments, wherein at least eighty (80) percent of the occupied units are occupied by at least one (1) senior citizen.
means a required maximum horizontal distance between the finished exterior wall of a structure and the lot line of the lot on which it is located. Where maximum setbacks are stipulated, zone districts specify what portion of the structure's finished front facade width must be located a distance equal to or lesser than the maximum setback from the property line. A maximum setback shall apply to the height of a structure up to fifteen (15) feet above grade, or the height of the building, whichever is less. Where not specified, no maximum setback shall apply.
means the required horizontal distance between the finished exterior wall of a structure and the lot line of the lot on which it is located. All portions of a structure must be located away from the property line a distance equal to or greater than the minimum setback.
Refer to the definition of "Storage building."
means a contiguous collection of retail businesses under one (1) ownership or common management located in a building or set of buildings.
means a person(s) who sells edible or nonedible merchandise from a stand, booth, cart, basket, tray, table or other device on any sidewalk, street, highway or public place. They are not categorized as a land use.
means any communication device, structure, or fixture which is intended to identify a building, use, business, or event; or to promote the sale of products, goods or services; using graphics, letters, figures, symbols, trademarks or written copy. Painted wall designs or patterns which do not represent a product, service or registered trademark, and which do not identify the user, are not considered signs. (See sign provisions of this code.)
means any structure specifically intended to support a sign, and which may include supports, uprights, braces, framework, or other members needed for support.
means a residential building with six (6) attached dwelling units.
means establishments primarily engaged in providing social and rehabilitation services to improve life skills and increase socioeconomic opportunities for neighborhood or community residents of all ages. Establishments primarily engaged in providing welfare and charitable functions are included.
means dwelling units in a residential building of no more than three (3) stories on a residentially zoned lot in which each floor may be separately rented or owned.
means a designated driving lane provided for vehicles waiting for, receiving, and exiting after receiving a service at a drive-up window from a permitted use. The lane is physically separated from other traffic and pedestrian circulation on the property and includes adequate area for cars to wait for service.
means a large structure for open-air sports and entertainment generally consisting of tiered seating where people can sit and watch games or events. Sports complexes may also include recreational motor vehicle tracks such as go-cart tracks. Associated field houses and facilities for serving food are often included.
mean an attached or detached accessory structure which is used for noncommercial storage of household goods or noncommercial recreational and hobby uses in association with the principal use.
means an outdoor area where vehicles, equipment, merchandise, raw materials, cargo containers, railroad cars, semi-truck trailers or other items are accumulated and stored for an indefinite period until needed. Storage yards are often used in conjunction with a warehouse, storage buildings, sheds or other structures and may be public or private. Unless a function of a government agency or public utility, storage yards are considered accessory to a business or other principal use.
means that portion of a building that extends from the floor surface to the surface of the floor above or, in the case of a top floor, to the ceiling or roof above. If a finished floor level is more than six (6) feet above the finished grade for more than fifty (50) percent of the total perimeter, the area beneath that floor shall be considered a story.
means the improved section of any public or private right-of-way intended primarily for motor vehicle travel and which affords the principal means of access to abutting property, together with bicycle lanes, sidewalks, and related improvements.
means a parcel at least twenty (20) feet in width, created specifically to provide motor vehicle access to abutting properties, the owners of which share in its ownership and maintenance responsibilities.
means that which is built or constructed.
means a structure that is incidental and subordinate to a principal structure and which is customarily found in connection with the principal structure and located on the same lot or parcel.
means a structure containing one (1) or more principal uses, as permitted by the zone in which the property is located.
means any existing or proposed building, utility pole, or tower capable of supporting a wireless communications antenna. Support structures include, but are not limited to, existing buildings, water towers, and utility poles and/or towers.
(t) "Temporary sign" Townhouse. "Townhouses" "Transient person" "Transitional housing" "Transportation facility" or "multi-modal station" "Triplex"
Definitions "T":
means a sign that is not permanently affixed, and which is intended for short-term use, such as to advertise a specific activity such as a special promotion, sale, or fundraising event. For the purposes of this code, temporary signs are those displayed for between seven and 60 days.
See "Dwelling, townhouse."
means buildings that contain three or more attached single-family dwelling units that extend from foundation to roof and that have a yard or public way on not less than two sides.
means a temporary lodger who stays no longer than 30 days per visit.
means a facility that provides housing and supportive services to homeless individuals or families for up to two years and whose primary purpose is to enable homeless individuals or families to move into independent living and permanent housing.
means a dedicated transit facility where several transit routes converge, including transit stations, transit stops, taxicab stands, transportation services, bicycle facilities, battery changing stations, electric vehicle charging stations, and similar. The transportation facility shall be owned, leased, or endorsed by a public transit authority for the purpose of providing public transportation services. A transportation facility is designed to accommodate several buses or multiple modes of transit that allows users to easily transfer between transit routes or modes. A transportation facility may provide transit passenger covered shelters and waiting areas, restrooms, and access for transit modes including buses, taxis and drop-off, and park and rides.
means a residential building with three (3) attached dwelling units.
(u) "Unit density" "Use" "Use, accessory" "Use, conditional" "Use, principal" "Use, temporary"
Definitions "U":
means the number of dwelling units allowed on a lot, regardless of lot size.
means the purpose or activity for which land or improvements are intended, occupied or maintained.
means a use that is incidental and subordinate to a principal use, which customarily is found in connection with the principal use, and which is located on the same lot or parcel such as a private garage, hobby shop, workshop, personal greenhouse, and required off-street parking.
means a use that is not permitted outright, but may be approved through a conditional use permit process. "Conditional use" shall have the same meaning as "special use," as employed in Bremerton Municipal Code.
means the primary or main use conducted or allowed on a lot or parcel.
means a use that may occur on a lot on a short-term or seasonal basis for a prescribed period of time, which usually does not exceed a six (6) month duration during a twelve (12) month period.
(v) "Vehicle- or trailer-mounted sign" "Vesting." "Veterinary clinic" and "animal hospital"
Definitions "V":
means a sign placed or maintained on a stationary automobile, truck, trailer, or any other motor-driven vehicle. Vehicle- or trailer-mounted signs do not include signs painted or placed on commercial vehicles announcing or advertising the regular business activity of the vehicle owner. Vehicle- or trailer-mounted signs do not include signs on vehicles for sale at a licensed sales lot, nor signs on public transit vehicles including buses and licensed taxicabs.
A fully completed development application is "vested" at the time it is received by the permitting authority. The development may then be processed, permitted and carried out under the zoning, land division, and other regulations that were in effect when vesting occurred.
mean a facility providing routine and emergency medical attention to domestic pets and other animals.
(w) "Wall sign" "Warehousing" "Worship and religious facility"
Definitions "W":
means a sign attached directly to or erected against the wall of a building with the face parallel to the facade of the building and extending no more than twelve (12) inches from the wall.
means establishments involved in the storage and/or sale of bulk goods for resale or assembly, including wholesaling. This does not include establishments offering the sale of bulk goods to the general public, which may be classified as large retail.
means a building or structure primarily intended as a place for public worship and related activities such as religious education, meeting halls, and kitchens, or places for personal worship or meditation. It does not include vehicle or equipment storage yards, or other functions that are not clearly a necessary or integral part of the religious institution.
(x)
Definitions "X": Reserved.
(y) "Yard"(1) (2) (3) "Yard, construction or storage."
Definitions "Y":
means that portion of a lot that lies between a lot line (property line) and the building line. (See also "Lot, front," "Lot, side," and "Lot, rear.")
"Front yard"
means the yard area extending the full width of the front of a lot between the front property line (lot line) and the front building line.
"Rear yard"
means a yard extending the full width of the lot between the rear property line (lot line) and the rear building line. When irregular lots, through lots, and corner lots have no rear lot lines, they will have no rear yard areas as defined.
"Side yard"
means a yard between the side lot line and the side building line and extending from the front yard to the rear yard. Triangular lots, corner lots, or other irregularly shaped lots may have only front and side yards. Through lots generally have two (2) front yards and two (2) side yards, but no rear yard as defined.
See "Storage yard."
(z) "Zero lot line" "Zoned predominantly for residential use"
Definitions "Z":
means the location of a building on a lot in such a manner that one (1) of its sides rests directly on a side lot line with no setback.
means all zoning districts in which residential dwellings are the predominant use. This excludes lands zoned primarily for commercial, industrial, and/or public uses, even if those zones allow for the development of detached single-family residences. This also excludes lands zoned primarily for mixed uses, even if those zones allow for the development of detached single-family residences, if the zones permit by-right multifamily use and a variety of commercial uses, including but not limited to retail, services, eating and drinking establishments, entertainment, recreation, and office uses.
(Ord. 4971 § 4 (part), 2006; Ord. 4950 § 8 (Exh. A) (part), 2005; Ord. 4977 § 5, 2006; Ord. 5008 § 3 (part), 2007; Ord. 5046 § 2, 2008; Ord. 5063 § 2, 2008; Ord. 5177 § 3, 2012; Ord. 5205 § 5, 2013; Ord. 5222 § 3, 2013; Ord. 5249 § 4, 2014; Ord. 5301 § 3 (Exh. B) (part), 2016; Ord. 5312 § 3, 2016; Ord. 5319 §§ 3, 4, 2017; Ord. 5326 § 4, 2017; Ord. 5351 § 2, 2018; Ord. 5345 § 5-9, 2018; Ord. 5369 § 3, 2019; Ord. 5458 §§ 3, 4, 2022; Ord. 5512 § 3 (Exh. B), 2025; Ord. 5523, 10/15/2025)
§ 20.44.010 FRONT YARD.
(a)
The front yard is the area extending the full width of the front of a lot between the front lot line and the front building line. (See Figure 20.44(a)[1] for an illustration of front yards.) Structure intrusions into front yard setbacks are prohibited except:
(1)
Eaves, cornices, awnings, bay windows, architectural appendages, fireplaces, and chimneys and may project not more than two (2) feet into the front yard setback;
(2)
Decks, platforms, porches, steps, walkways, and driveways that do not exceed thirty (30) inches in height above the finished grade;
(3)
Raised decks, high or covered porches, balconies or similar architectural appendages that extend more than thirty (30) inches above finished grade may project not more than six (6) feet into the front yard setback;
[1]
Editor's Note: Figure 20.44(a) is included as an attachment to this title.
(b)
Front yard setbacks shall be applied in the following manner for through lots:
(1)
Through Lot. A through lot has two (2) front lot lines parallel or approximately parallel to each other. The front yard setback shall apply to each front lot line, except the Director may designate one (1) of the front lot lines a rear lot line, provided the following criteria are met:
(2)
Corner Lots. Corner lots have abutting streets that intersect. The front yard setbacks shall apply to each front property line.
(3)
Exceptions. When a property contains three (3) or more front yards, the Director may grant exceptions to maximum front yard setback requirements provided:
(i)
The maximum front yard setback continues to be applied to at least two (2) front yards that intersect each other;
(ii)
Relief is necessary to facilitate good design; and
(iii)
A strict application of the setback requirement would result in larger structures that are not practical for the intended use of the site.
(Ord. 4950 § 8 (Exh. A) (part), 2005; Ord. 5301 § 3 (Exh. B) (part), 2016)
§ 20.44.020 TRADITIONAL FRONT YARD.
In residential zones, the Director may grant modifications to the front yard setback provided:
(a)
Sixty (60) percent or more of the houses or garages/carports within a numbered block on the same side of the street as the subject property are set back less than the required zoning front yard setback; the average setback of the existing nonconforming structures may be used to establish the minimum front yard of all properties fronting on that side of the street; and
(b)
The minimum front yard setback shall in no case be less than five (5) feet. No portion of the primary structure shall enter within five (5) feet of the front property line, except as provided in BMC § 20.44.010(a)(2).
(Ord. 4950 § 8 (Exh. A) (part), 2005; Ord. 5301 § 3 (Exh. B) (part), 2016; Ord. 5319 § 5, 2017)
§ 20.44.030 SIDE YARD.
The side yard is the area extending between the side lot line and the side building line and extends from the front yard to the rear yard. Triangle lots, corner lots and other irregular lots may have only front and side yards and no rear yards. Structure intrusions into side yard setbacks are prohibited except:
(a)
Eaves, cornices, awnings, fireplaces, and chimneys may project not more than two (2) feet into the side yard setback;
(b)
Platforms, steps, walkways, and driveways (does not include parking spaces) that do not exceed thirty (30) inches in height above the finished grade; and
(Ord. 4950 § 8 (Exh. A) (part), 2005; Ord. 5301 § 3 (Exh. B) (part), 2016)
§ 20.44.040 REAR YARD.
The rear yard is the area extending the full width of the lot between the rear lot line and the rear building line. Structure intrusions into rear yard setbacks are prohibited except:
(a)
Eaves, cornices, awnings, architectural appendages, fireplaces, and chimneys and may extend no more than two (2) feet into the required rear yard area setback, and are no closer than three (3) feet from any lot line.
(b)
Decks, platforms and open, uncovered porches, provided they do not exceed thirty (30) inches in height above the finished grade and are no closer than three (3) feet from any lot line.
(c)
Raised decks, high or covered porches, balconies or similar architectural appendages that extend more than thirty (30) inches above finished grade may project not more than six (6) feet into the rear yard setback.
(Ord. 4950 § 8 (Exh. A) (part), 2005; Ord. 5301 § 3 (Exh. B) (part), 2016)
§ 20.44.050 ALTERNATIVE SETBACKS.
The Director may approve alternative setbacks that generate a public benefit, provided the following criteria are satisfied:
(a)
Total site area within setbacks shall be equal to or exceed that created by adherence to the standard setbacks;
(b)
There shall be a finding of public benefit that is consistent with the goals and policies of the Comprehensive Plan. An example of public benefit includes but is not limited to reduction of setback adjacent to a street or other public right-of-way in exchange for increased setback from a development-sensitive environment such as a wetland or an existing incompatible land use; and
(c)
The development plan shall not be inconsistent with the intent of any provision of the zoning code.
(Ord. 4950 § 8 (Exh. A) (part), 2005; Ord. 5301 § 3 (Exh. B) (part), 2016)
§ 20.44.060 ACCESSORY STRUCTURE SETBACKS.
(b)
Accessory structures in residential zoning districts may be constructed no closer than three (3) feet from the side or rear property lines that adjoin other property. No setback is required if the side or rear property line adjoins an alley.
(Ord. 4950 § 8 (Exh. A) (part), 2005; Ord. 4971 § 5, 2006; Ord. 5301 § 3 (Exh. B) (part), 2016)
§ 20.44.070 MEASURING THE HEIGHT OF A STRUCTURE.
The height of a building or structure shall be measured as the vertical distance from grade plane to the average height of the highest roof surface. Exceptions: penthouse for elevators, firewalls, chimneys, flagpoles, and wireless communications facilities in conformance with BMC § 20.46.140 may exceed maximum height limits. None of these exceptions to the height regulations shall be used for advertising of any kind.
(Ord. 4950 § 8 (Exh. A) (part), 2005; Ord. 5301 § 3 (Exh. B) (part), 2016; Ord. 5319 § 6, 2017)
§ 20.44.080 CALCULATING LOT AREA.
Lot area shall include all areas within the exterior lot lines less any water areas, wetlands and other areas that may be restricted from use or from the types of development allowed by the zone in which the property is located. Lot widths, depths and setbacks on shoreline lots are measured from the ordinary high water mark. (See Figure 20.44(b)[1] for an illustration of measuring lot area.)
(Ord. 4950 § 8 (Exh. A) (part), 2005; Ord. 5301 § 3 (Exh. B) (part), 2016)
[1]
Editor's Note: Figure 20.44(b) is included as an attachment to this title.
§ 20.44.090 ROUNDING OF FRACTIONS.
In several instances throughout the code, the number of units allowed may end in a fraction due to the mathematical equation used to determine allowable units. For instance, the number of dwelling units allowed on property using density calculations is determined by dividing the lot size by the number of square feet permitted per dwelling unit. When this number results in a fraction, round up to the next whole number (unit) when the fraction of whole number is at least 0.50. In no case shall setback requirements be rounded.
(Ord. 4950 § 8 (Exh. A) (part), 2005; Ord. 4971 § 6, 2006; Ord. 5301 § 3 (Exh. B) (part), 2016)
§ 20.44.100 FLAG LOTS.
A flag lot is defined as a lot with access to a street by way of a narrow strip of land. The lot consists of two (2) parts: the "flag" or main body of the lot and the "panhandle" or the narrow accessway connecting the lot to the street.
(a)
When creating new lots the following standards shall apply:
(b)
Flag lot dimensions shall be measured from the midpoint between two (2) opposite lot lines of the "flag" body of the lot.
(c)
The yard setbacks shall be the same as underlying zone setbacks, except the front yard setback area shall be applied per Figure 20.44(a)[1].
[1]
Editor's Note: Figure 20.44(a) is included as an attachment to this title.
(d)
In those cases where subsection (c) of this section cannot be applied, the property line that most closely parallels the street from which the lot gains its access shall be deemed the front lot line and front yard setbacks shall be measured from that line.
(e)
The accessway or driveway shall be under the same ownership as the body of the flag lot. An easement shall not be used as a method of providing access to the body of the flag lot.
(f)
The panhandle shall provide access to a paved and dedicated public right-of-way or a private street. Flag lots shall not be created in order to avoid providing turnarounds per City engineering street standards.
(Ord. 4950 § 8 (Exh. A) (part), 2005; Ord. 5301 § 3 (Exh. B) (part), 2016)
§ 20.44.110 LIGHTING REGULATIONS.
The following requirements shall apply concerning exterior lighting:
(a)
Light sources, both direct and nondirect, shall be designed to prevent light trespass into the sky and adjacent properties through methods that may include, but are not limited to, light shielding, downward directional lighting, or specialized fixture optics. Illumination shall not cast beyond the premises it is intended to illuminate, except onto adjacent sidewalks.
(b)
A photometric plan shall be submitted for all nonresidential development and multiple-family developments to confirm compliance with light requirements. The plan shall include the following items:
(1)
Location of all lighting fixtures;
(2)
Manufacturer's model identification of each lighting fixture;
(3)
Manufacturer's performance specifications of each fixture; and
(4)
Photometric plan of the installed fixtures which demonstrates that all illumination is confined within the boundaries of the site.
(Ord. 4950 § 8 (Exh. A) (part), 2005; Ord. 5301 § 3 (Exh. B) (part), 2016; Ord. 5512 § 3 (Exh. B), 2025)
§ 20.44.120 DRIVE-THROUGH FACILITIES.
(a)
Intent. The standards of this section regulate the installation of drive-through facilities to ensure their design, operation, and associated impacts can effectively be mitigated. The purpose of this section is to permit drive-through facilities only when they:
(b)
Applicability. Drive-through facility standards within this section apply to the construction of new or modified drive-through facilities. Drive-through facilities are only allowed when found in association with a permitted use in commercial, mixed-use, or industrial zones, unless drive-through facilities are expressly prohibited in the zoning districts regardless of the principal use.
(c)
Procedure. All new or altered drive-through facilities shall be processed per the underlying permit type per Chapter 20.02 BMC. Approval of a drive-through facility may be granted through either:
(2)
A Type III conditional use permit per BMC § 20.58.020 is required when a proposal seeks alternatives to any of the criteria established per subsection (e) of this section. The Hearing Examiner may approve alternatives to criteria presented in this section when the following are met:
(i)
Any proposal to modify drive-through facility standards shall not undermine the intent of this section or that of the underlying zone.
(ii)
Proposals seeking a drive aisle between a primary frontage and the building shall demonstrate that all other site designs have been exhausted and found unworkable.
(iii)
The applicant shall demonstrate how the proposed alternative fully screens neighboring properties, that the total amount of landscaping exceeds the total amount of that created by adherence to standard landscaping and buffer requirements.
(iv)
A public amenity shall be provided. Examples of public amenities include: outdoor eating area, outdoor artwork, street furniture, plantings in window boxes, public trash receptacles, or other alternative public amenity approved by the Hearings Examiner. Any proposed amenity shall be architecturally compatible with the principal structure and shall be maintained for the life of the project.
(v)
Conditions such as site orientation, fencing, buffering, parking location, lighting, access, hours of operation, and others may be imposed as a condition of approval if it is found they are necessary to mitigate identifiable adverse impacts and ensure compatibility with nearby uses.
(d)
Submittals. Applications shall include the following components; the Director may modify these requirements based on the size, scope and complexity of the project:
(1)
Vicinity Map. Showing the subject property in relation to all other properties and major structures within a two hundred fifty (250) foot radius of the property;
(2)
Site Plan.
(i)
All property lines, easements, fences, walls, signs, and other points of reference.
(ii)
Existing and proposed structures, pedestrian walkways, bikeways, parks, playgrounds, recreational areas, and other areas and facilities of a public or recreational nature.
(iii)
Existing and proposed utility systems, drainage structures, fire hydrants, and other infrastructure improvements.
(iv)
An environmental summary, including such features as shorelines, bulkheads, creeks, culverts, wetlands, steep slopes, and other "sensitive areas," etc.;
(3)
Landscape Plan. A plan conforming to Chapter 20.50 BMC and other landscape requirements of this section. This information may be shown on the site plan or may be provided in a separate plan;
(4)
Parking Plan. A plan conforming to Chapter 20.48 BMC and other requirements of this section. This information may be shown on the site plan or may be provided in a separate plan;
(5)
Applications may require a traffic impact assessment prepared by a qualified professional for the drive-through facility installation. Reports shall demonstrate that stacked vehicles do not impede vehicular or pedestrian traffic on abutting right-of-way, or interfere with the circulation of pedestrians, traffic maneuvering, or other parking space area(s) located on site.
(e)
Site Design Requirements. All drive-through facilities shall comply with the following requirements:
(1)
Location. All efforts should be taken to locate the drive-through facility towards the side and/or rear of buildings. Drive-through facilities shall not be located between the building and the street frontage except when a site contains more than one (1) street frontage the drive-through facility may be located between the building and secondary frontage. Screening of secondary street frontages shall be a minimum of five (5) feet wide and at least four (4) feet in height.
(2)
Stacking. All drive-through facility stacking lanes shall meet the following criteria:
(i)
Stacking lanes shall be a minimum of eighty (80) feet behind the ordering board/window, where the order is requested, except for facilities where vehicles do not routinely stack up while waiting for the services, such as ATM-only locations. For restaurant/food/drink uses the stacking lane shall provide room for a minimum of one hundred twenty (120) feet.
(ii)
After permitting and during operation, if the drive-through facilities have negative traffic impacts on adjacent roads and/or businesses, the City may require additional traffic controls at the businesses' expense to alleviate the negative impacts. This could include temporary or permanent solutions.
(3)
Design. The drive-through lane(s) shall be designed as a dedicated lane, physically separated from parking areas and internal parking circulation aisles in order to enhance pedestrian safety and provide screening from adjacent properties and right-of-way. A combination of two (2) of the following shall be provided adjacent to the drive-through lane(s):
(i)
Landscaped strips, islands, or berms that are a minimum of three (3) feet wide and fifty (50) square feet in size are required in addition to all other required landscaping areas. Said landscaped areas shall include a mix of ground covers and shrubs that act as a barrier between the drive-through lane and adjacent properties, right-of-way, and parking area;
(ii)
Hedges, decorative walls, fencing, or trellises that act as a visual barrier between the drive-through lane(s) and adjacent properties, right-of-way and parking areas;
(iii)
Decorative pavement, alternative materials (bricks, stamped concrete), or other durable ground treatment that clearly separates the drive-through lane(s) from other driving and parking areas on site that will withstand heavy traffic conditions found in association with drive-through lanes. Paint striping does not meet this requirement;
(iv)
When drive-through facilities are open and other pedestrian-oriented customer entrances to the businesses are unavailable, they must serve customers using other modes rather than vehicular. This may be accomplished by online ordering, pickup areas or similar. Such pickup areas shall be illustrated on the submitted site plan.
(4)
Signage.
(i)
Each ordering location shall have a maximum of one (1) menu board. One (1) additional menu board may be placed adjacent to the stacking lane for patrons waiting behind the ordering station. Each menu board sign shall not exceed thirty (30) square feet and have a maximum height of seven (7) feet.
(ii)
Menu boards shall be located in a landscaped strip or island no smaller than three (3) feet wide and fifty (50) square feet in total size. This landscaping area shall be in addition to all other required landscaping. The menu board(s) shall be oriented away from public streets and be intended for viewing by drive-through patrons only. Screening of the menu board may be required when the board is located adjacent to the right-of-way or neighboring properties. Screening shall ensure the board is not readable from the surrounding properties or street.
(5)
Pedestrian Features. In order to enhance safe pedestrian access, designated walkways from all on-site parking areas and from the public sidewalk to a building entry shall be provided as follows:
(i)
Walkways shall be a minimum five (5) feet in width, clearly marked and easily distinguished from driving surfaces by using a combination of landscaping strips or islands that delineate the pedestrian walkways; and
(ii)
Walkways shall include at least one (1) of the following treatments: decorative paving, stamped/stained concrete or raised walkways with alternative materials (such as brick, cobblestone, and decorative pavers) to clearly indicate the safe walking route. Walkways through heavy traffic areas such as the drive-through must be made of durable materials able to withstand heavy traffic conditions.
(Ord. 5222 § 4, 2013; Ord. 4950 § 8 (Exh. A) (part), 2005; Ord. 5301 § 3 (Exh. B) (part), 2016; Ord. 5429 § 3, 2021)
§ 20.46.010 ACCESSORY DWELLING UNITS.
An accessory dwelling unit (ADU) may be permitted anywhere a new or existing single-family dwelling unit (hereafter, "principal unit") is allowed. Accessory dwelling units are exempt from the density requirements of the underlying zone 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 Structure Setbacks, for detached ADUs.
(b)
An ADU may be attached or detached from the principal unit.
(c)
Two (2) ADUs may be created per lot. The lot shall only contain one (1) single-family dwelling unit and a maximum of two (2) ADUs.
(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 (a)(6) regarding size and roof pitch.
(e)
The ADU shall be limited to one thousand (1,000) square feet or not more than sixty (60) percent of the principal unit's total habitable floor area, whichever is greater, with the following exception:
(1)
To encourage the compact infill development and use of existing single-family homes, if a residence that was constructed or remodeled prior to December 31, 2020, is proposed to be divided into a principal 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 existing residence. This does not apply to detached ADUs.
(f)
Any ADU shall be designed so that the appearance of the building remains that of a single-family residence and should architecturally blend into the existing neighborhoods through careful design. 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 characteristics of the neighborhood.
(h)
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.
(i)
An ADU shall be required to be served by City water and sewer or an approved septic system.
(j)
The property owner, which shall include titleholders and contract purchasers, must abide by the following:
(1)
International Property Maintenance Code Chapter 3, Section 302, concerning exterior property areas, as adopted at BMC § 17.04.020(f), except those not adopted as enumerated in BMC § 17.04.110, or as hereby amended; and
(2)
All applicable provisions in BMC Title 6 regarding health and sanitation, including maintaining nuisance vegetation, proper garbage and refuse containment, and maintaining the buildings to not qualify as an unfit dwelling, building, structure and/or premises.
(k)
Conversion of Existing Detached Structures. To encourage the compact infill development of existing structures throughout the City, a detached ADU that does not comply with certain development standards of this chapter may be permitted provided the requirements of this section are met. The following shall apply to all development seeking to utilize this provision:
(1)
The structure must have been constructed prior to December 31, 2020. The structure must either have received a City or County permit, not needed a permit at the time of construction, or be recognized as a structure per the Kitsap County Assessor records.
(2)
The structure must meet, either currently or through permitted remodeling, the requirements of the building (BMC Title 17) and fire (BMC Title 18) codes for habitable structures.
(3)
The conversion of an existing structure to an ADU, with no expansions, may be exempt from:
(4)
An existing structure may be enlarged or extended, provided the following provisions are met:
(i)
The enlargements do not violate underlying zone requirements. Structures that do not conform to the setback requirements may expand up to twenty (20) percent of the gross floor area, and to the building line, provided these enlargements do not further violate setback requirements.
(ii)
The enlargements do not cause the entire structure to exceed the ADU size requirements of subsection (e) of this section.
(iii)
Any altered or new facades shall have siding and roofing which in color, material, and appearance match or complement the predominant materials of the existing structure.
(5)
A conversion of the structure to an ADU will not be approved if it conflicts with the City's plans, Capital Improvement Plan or other capital projects related to nearby expansion of utilities or infrastructure including the need for additional right-of-way.
(Ord. 5008 § 4, 2007; Ord. 4950 § 8 (Exh. A) (part), 2005; Ord. 5301 § 3 (Exh. B) (part), 2016; Ord. 5330 § 3, 2017; Ord. 5410 § 3, 2020; Ord. 5416 § 3, 2021; Ord. 5513 § 3 (Exh. B), 2025)
§ 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 principal 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 residence 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 further than the front facade of the house.
(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 public 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 purposes.
(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 Engineer when visibility or public safety is an issue.
(d)
No electric or electrified fences shall be permitted 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 permit pursuant to BMC § 20.58.020 only if the following criteria are met:
(1)
The applicant demonstrates that the protective device cannot be installed outside of the specified 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
(3)
The applicant demonstrates that the protective device is necessary to provide additional security along the residential property line to protect the industrial 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. 5008 § 5, 2007; Ord. 4950 § 8 (Exh. A) (part), 2005; Ord. 5301 § 3 (Exh. B) (part), 2016; Ord. 5326 § 5, 2017)
§ 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 occupation 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)
Any sales of product shall be limited to those produced on the premises, except products produced elsewhere may be allowed, provided the business is primarily involved in the product's distribution and does not attract buyers to the property for retail or wholesale sales.
(f)
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.
(g)
Not more than fifty (50) percent of the gross floor area of the dwelling may be devoted to the home occupation use.
(h)
The garage shall not be used in the business unless the required off-street and customer parking can be adequately accommodated elsewhere on the site.
(i)
An independent taxi driver may operate as a home occupation; provided, that the business has only one (1) single driver and one (1) taxi vehicle.
(j)
Automotive painting, body, and engine repair, small engine repair services and any activity likely to produce excessive noise are prohibited as home occupations.
(k)
The home occupation business must acquire and maintain a general business license issued under Chapter 5.02 BMC.
(l)
Persons engaged in legal home occupations on the effective date of the ordinance codified in this chapter shall be considered legal, provided the operation is consistent with all of the above-listed performance standards. Any home occupation which was legally established but does not currently conform to all those standards may not expand or enlarge and shall terminate that use upon:
(1)
Change of use or ownership of the property; or
(2)
Written complaint of adjacent or nearby property owners after due notice and hearing is provided and if the Director determines that the home occupation is interfering with the use and enjoyment of the neighboring premises and is not compatible with the residential environment in which it is located.
(Ord. 4950 § 8 (Exh. A) (part), 2005; Ord. 5301 § 3 (Exh. B) (part), 2016; Ord. 5421 § 10, 2021; Ord. 5513 § 3 (Exh. B), 2025)
§ 20.46.040 MANUFACTURED HOMES.
(a)
Manufactured homes are permitted on one (1) individual parcel, lot, or tract in residential zones; provided, that the home is:
(1)
Approved by the Washington State Department of Labor and Industries or the U.S. Department of Housing and Urban Development, and the appropriate certification insignia is affixed to the unit, in accordance with the provisions of Chapter 43.22 RCW;
(2)
Comprised of at least two (2) fully enclosed parallel sections each of not less than nine-and-a-half (9.5) feet wide by thirty-six (36) feet long;
(3)
Set upon a permanent foundation, as specified by the manufacturer, and that the space from the bottom of the home to the ground be enclosed by concrete or an approved concrete product which can be either load-bearing or decorative;
(4)
Compliant with all local design standards applicable to all other homes within the neighborhood in which the manufactured home is to be located;
(5)
Thermally equivalent to the State Energy Code;
(6)
Originally constructed with and now has a composition or wood shake or shingle, coated metal, or similar roof of nominal three to twelve (3:12) pitch or greater;
(7)
Sided with exterior siding similar in appearance to materials commonly used on conventional site-built International Building Code single-family residences; and
(8)
A new manufactured home as defined in RCW 35.63.160(2).
(b)
A manufactured home which was legally placed and maintained prior to the date of adoption of this chapter, and does not meet the requirements of this chapter, shall be deemed to be a nonconforming structure. If a legal nonconforming manufactured home is partially or wholly destroyed, replaced, or altered, it shall be required to meet the relevant requirements set forth in the nonconforming provisions of this title.
(c)
The Building Official or designee shall inspect the installation of manufactured homes prior to occupancy and issue certificates of occupancy for manufactured homes. If all requirements are met, a certificate of occupancy shall be issued. No manufactured home shall be occupied until after the City issues a valid certificate of occupancy.
(d)
If a manufactured home is replaced by another manufactured home, a new certificate of occupancy shall be required for the installation of a manufactured home after the date of adoption of the ordinance codified in this chapter.
(Ord. 4950 § 8 (Exh. A) (part), 2005; Ord. 5301 § 3 (Exh. B) (part), 2016; Ord. 5423 § 3, 2021)
§ 20.46.050 RECREATIONAL VEHICLE ON A PRIVATE LOT.
A recreational vehicle, occupied or not, may be parked on a private lot or lots only as an accessory use subject to the parking provisions of this title and the following provisions:
(a)
A recreational vehicle may be occupied for a cumulative period not to exceed thirty (30) days during any twelve (12) consecutive month period;
(b)
A recreational vehicle may be parked and occupied by the owner of a lot as temporary housing during the period of new house construction on the lot for a period not to exceed one (1) year;
(c)
Only one (1) recreational vehicle may be occupied on a single lot at any time;
(d)
A recreational vehicle shall not be parked within a required front yard setback for more than fifteen (15) consecutive days and not more than thirty (30) days cumulative in any twelve (12) consecutive months; and
(e)
Any occupied recreational vehicle must be self-contained and all garbage and sanitation shall be disposed of in a manner approved by the City.
(f)
In order to legally occupy a recreational vehicle, the property owner must obtain a permit from the City indicating details such as the dates the recreational vehicle will be occupied.
(Ord. 4950 § 8 (Exh. A) (part), 2005; Ord. 5301 § 3 (Exh. B) (part), 2016; Ord. 5326 § 6, 2017)
§ 20.46.060 DISH ANTENNAS.
(a)
A ground-mounted dish antenna is subject to the setback requirements of the underlying zone.
(b)
Dish antennas may not be placed above the maximum underlying zoning district height.
(c)
All dish or other parabolic antennas having a collector dish diameter of six (6) feet or greater shall be ground-mounted, except as provided for otherwise. An antenna having a dish diameter smaller than six (6) feet may be pole- or roof-mounted in a location that has the least visual impact on surrounding properties and views while maximizing the effectiveness of the antenna's operation.
(Ord. 4950 § 8 (Exh. A) (part), 2005; Ord. 5301 § 3 (Exh. B) (part), 2016)
§ 20.46.070 ADAPTIVE REUSE OF COMMERCIAL BUILDINGS.
(a)
Approval of an administrative Type II conditional use permit (CUP) pursuant to BMC § 20.58.020 is required when an adaptive reuse is for a legally established commercial building located within a residential zone. However, the notice of application shall follow BMC § 20.02.100(c)(1)(iv) with notification of property owners within three hundred (300) feet. The adaptive reuse shall meet the following criteria in order to be granted approval:
(1)
New traffic shall be accommodated within the existing levels of service on the surrounding neighborhood streets.
(2)
The new use does not generate noise that exceeds City standards for residential zones.
(3)
Adequate street trees and landscaping are incorporated in a manner that buffers the adaptive reuse from adjacent residential uses and makes it more compatible with the surrounding neighborhood.
(4)
Additional conditions may be applied including, but not limited to, limiting hours of operations, density, restrictions for noise attenuation and other conditions deemed necessary to ensure compatibility with surrounding residential uses.
(b)
The following uses may be approved for adaptive reuse:
(1)
Foster homes;
(2)
Day care facilities;
(3)
Group residential facilities, Class I (assisted living);
(4)
Youth, teen, senior, or community centers;
(5)
Medical and dental clinic and related services (not hospitals);
(6)
Religious worship facilities;
(7)
Libraries;
(8)
Museums and art galleries;
(9)
Consultants (architectural, engineering, planning, design and similar);
(10)
Computer assistance and training (but not repair);
(11)
Office/business assistance services, call centers, and general offices;
(12)
Social services/facilities;
(13)
Welfare and charitable services/facilities;
(14)
Public services;
(15)
Hotels and lodging places;
(16)
General retail; and
(17)
Restaurants.
(Ord. 4971 § 7, 2006; Ord. 4950 § 8 (Exh. A) (part), 2005; Ord. 5301 § 3 (Exh. B) (part), 2016; Ord. 5506 § 4, 2024; Ord. 5508 § 6, 2025; Ord. 5513 § 3 (Exh. B), 2025)
§ 20.46.080 MINERAL RESOURCE OVERLAY.
The intent of this overlay is to protect and enhance significant sand, gravel and rock deposits as identified mineral resource lands. It is also used to ensure the continued or future use without disrupting or endangering adjacent land uses, while safeguarding life, property, and the public welfare.
(a)
Uses. Mineral resource extraction with associated structures and equipment for soil and gravel, quarried stone or ore may be allowed within the mineral resource overlay. In addition, the following provisions shall be met:
(b)
Performance Standards. Potential impacts related to traffic, dust control, light emission, visual screening, loss of tree cover, noise emission and protection of environmentally sensitive areas shall be examined. The city recognizes impacts to other elements of the environment including air and water quality are regulated 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 loading 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 mining 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:
(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 prevent 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 horizontal 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 otherwise approved by the Director after a qualified professional 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 mineral 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 II conditional use permit (CUP) is approved pursuant to BMC § 20.58.020, with the notice of application shall be mailed to all property owners 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 extinguish 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, stormwater, 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 property(s), the City will revert the property(s) back to their underlying zone and compatible designation.
(e)
Special Provisions. All plats, short plats, development 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 encouraged, 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 associated 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. 4971 § 8, 2006; Ord. 4950 § 8 (Exh. A) (part), 2005; Ord. 5301 § 3 (Exh. B) (part), 2016; Ord. 5506 § 5, 2024)
§ 20.46.090 TEMPORARY ENCAMPMENT PERMIT.
(a)
Intent. The City of Bremerton desires to establish 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 provides 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. Consistent with BMC § 20.40.110, RCW 35.21.915 supersedes any standards found to be in conflict with this section.
(b)
Definitions.
(1) "Applicant"
shall mean a group or individual(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 easily erected and dismantled, and are intended for temporary 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 humanitarian purposes. Temporary encampment facilities that are established for this use shall be easily erected and dismantled 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 Requirements.
(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 parcels 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 permit 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 vegetation, eroding soils or otherwise overtaxing the land.
(3)
Perimeter Setback. A temporary encampment 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 residential use). This setback is intended to ensure all activities 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 setback may be reduced or waived if the owners of such adjacent property consent in writing to support a reduction or waiver of such setback.
(4)
Screening of Activities. All activities (shelters, toilets, cooking facilities, etc.) of the temporary encampment shall be obscured from view from adjacent properties and public right-of-way to the maximum extent feasible. This can be accomplished by a minimum six (6) foot high sight-obscuring temporary fence, existing dense vegetation, an existing topographic difference, distance from exterior property lines, or other means.
(d)
Preapplication Work. Prior to application submittal, the applicant and property owners must address community and neighborhood impacts from the proposed temporary encampment by developing the following:
(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 contain a narrative and drawing(s) that describe the measures 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 implemented 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 (d)(4) of this section (discussions with police, fire, school, childcare, and health district). 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 following:
(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 security 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.
(e)
Neighborhood Meeting. The applicant shall conduct a neighborhood meeting to inform nearby residents 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 proposed 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 fifteen (15) days prior to the neighborhood meeting.
(2)
Neighborhood Meeting. At the neighborhood meeting, a representative of the applicant or property owner shall present in writing and verbally the proposed temporary encampment location, timing, site plan, code of conduct, impact mitigation plan, accommodations concerns, and a security management plan. The presentation shall also include copies of all previously 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 applicant at the meeting. The meeting shall be conducted on the proposed temporary encampment site whenever feasible; this meeting shall be held in a location that is ADA (Americans with Disabilities) accessible.
(f)
Performance Criteria. Temporary encampments 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. Demonstration 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 determined by the Fire Marshal, shall be maintained within and around the temporary encampment at all times to 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 adequate supply of potable water and adequate toilet facilities 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 Chapter 6.32 BMC.
(7)
Light and Glare. Any temporary encampment 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:
(g)
Process and Permit. Notwithstanding any other provision in the Bremerton Municipal Code, the following procedures shall apply in accepting, noticing, reviewing, and otherwise processing temporary encampment permit applications. A City-issued temporary encampment permit is required prior to the commencement 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 prospective temporary encampment applicant and property owner(s) shall jointly apply for the temporary encampment permit and shall be equally responsible for compliance 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 encampments will commence;
(iii)
The maximum duration requested of said temporary encampment;
(iv)
The number of residents to be accommodated 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 neighborhood 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 accommodations would be set back from the property lines;
(xii)
Site plan showing at least the following:
(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 associated 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 facilities, 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
(E)
Location of required sanitary stations 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 Hearing 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.
(i)
A proposed temporary encampment may be allowed as a Type I Director's approval at one (1) property for up to one hundred 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 weekend. 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.
(ii)
A proposed temporary encampment may be allowed as a Type II conditional use permit for a period of three (3) years if the following additional approval criteria are met:
(A)
The site is located within the district center core, general commercial, freeway corridor, industrial zone, and Puget Sound Industrial Center; and
(B)
Social services are provided, such as access to healthcare, counseling, substance abuse treatment, and job training programs; and
(C)
On-site temporary shelters shall be composed of durable/rigid materials; and
(D)
All other criteria per this section are met, except that parcel size limitations per subsection (c)(2)(i) of this section may be reduced to no less than one-half (0.5) acre.
(E)
Applications for a three (3) year extension may be applied for after the first two (2) years of active permit approval are complete. Applications for extension must be received six (6) months prior to permit expiration. Only one (1) extension may be approved at a time.
(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 violation and require compliance in accordance with the procedures 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 violation is:
(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 encampment, comprehensive general liability insurance with a minimum coverage of one million dollars ($1,000,000) per occurrence/aggregate for personal injury and property damage.
(Ord. 5393 § 3, 2019; Ord. 5494 § 3, 2024; Ord. 5506 § 6, 2024; Ord. 5513 § 3 (Exh. B), 2025)
§ 20.46.110 ADULT ENTERTAINMENT BUSINESSES.
This section regulates the location of adult entertainment businesses. The purpose of these regulations is to reduce conflicts between adult entertainment businesses 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:
(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 property or the land use district boundary line from which the proposed land is to be separated.
(3)
Violation of the use provisions of this section is declared to be a public nuisance per se, which 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, operation, 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, exhibition, pantomime, modeling, or any other like performance of any type, for the use or benefit of a member or members of the public or advertised for the use or benefit of a member of the public where such is characterized by an emphasis on the depiction, description, or simulation of "specified anatomical areas," defined in this chapter, or the exhibition of "specified sexual activities," 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 establishment where, for any form of consideration, one (1) or more still or motion picture projectors, slide projectors, 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 provide 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 activities."
(4) "Adult motion picture theater"
means a commercial establishment where films, motion pictures, video cassettes, slides, or similar photographic reproductions 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"(i) (ii) (iii) (iv)
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 presumption is rebutted, the Director may consider the following factors, which are not inclusive:
Whether minors are prohibited from access to the premises of the establishment due to the adult entertainment nature of the inventory;
Whether the establishment is advertised, marketed, or held out to be an adult merchandising facility;
Whether adult entertainment material is an establishment's primary or one (1) of its principal business purposes; or
Whether thirty (30) percent or more of an establishment's revenue is derived from adult entertainment material.
An establishment may have other principal business purposes that do not involve the offering for sale or rental of adult entertainment materials and still be categorized as an adult retail establishment. Such other business purposes will not serve to exempt such establishments from being categorized as an adult retail establishment so long as one (1) of its principal business purposes is offering for sale or rental, for some form of consideration, the specified adult entertainment materials. The Director shall have full discretion to give appropriate weight to the factors set forth above as well as other factors considered depending on the particular facts and circumstances of each application. |
(6) "Exotic dance studio,"
also known as "erotic dance studio," "topless bar" and "adult cabaret," means a nightclub, bar, restaurant, or similar commercial establishment, or any premises or facility to which any member of the public is invited or admitted and where an entertainer provides live performances to any member of the public, which performances are characterized by an emphasis on the depiction, description, or simulation of "specified anatomical areas" or "specified sexual activities" or which emphasize and seek to arouse or excite the patron's sexual desires.
(7) "Adult entertainment material"
means any books, magazines, cards, pictures, periodicals or other printed matter, or photographs, films, motion pictures, video tapes, slides, or other photographic reproductions, or visual representations, CD-ROMs, DVDs, disks, electronic media, or other such media, or instruments, devices, equipment, paraphernalia, toys, novelties, games, clothing or other merchandise or material, which are characterized by an emphasis on the depiction, description or simulation of "specified anatomical areas" or "specified sexual activities."
(9) "Specified sexual activities"(i) (ii) (iii) (iv)
means:
The caressing, touching, fondling or other intentional or erotic touching of male genitals, female genitals, pubic region, buttocks, anus, or female breasts of oneself or of one (1) person by another; or
Sex acts, normal or perverted, actual or simulated, including masturbation, intercourse, oral copulation, flagellation, sodomy, bestiality, or any sexual acts which are prohibited by law; or
Human genitals in a state of sexual stimulation, arousal, or tumescence or visual state of sexual stimulation, arousal or tumescence, even if completely and opaquely covered; or
Excretory functions as part of or in connection with any of the activities set forth in subsections (c)(9)(i) through (iii) of this section.
(Ord. 4950 § 8 (Exh. A) (part), 2005; Ord. 5091 § 4, 2009; Ord. 5301 § 3 (Exh. B) (part), 2016)
§ 20.46.140 WIRELESS COMMUNICATIONS FACILITIES.
(a)
Purpose and Intent. The purpose of this section is to provide specific regulations for the placement, construction, modification and removal of these facilities. These standards were designed to comply with the Telecommunications Act of 1996 ("the Act") and Section 6409 of the Middle Class Tax Relief and Job Creation Act (the "Spectrum" Act). The provisions of this section are not intended to and shall not be interpreted to prohibit or have the effect of prohibiting personal wireless services as defined in the Act. This section shall not be applied in such a manner as to unreasonably discriminate between providers of functionally equivalent personal wireless services, as defined in the Act.
(b)
General Provisions.
(1)
Exemptions. The following are exempt from the provisions of this section and shall be permitted in all zones:
(i)
Temporary wireless communications facilities during an emergency declared by the City;
(ii)
Licensed amateur (ham) radio stations;
(iii)
Wireless communications facilities which legally existed or had a vested application on or prior to the effective date of the ordinance codified in this section, except that this exemption does not apply to modifications of such facilities;
(iv)
Routine maintenance or repair of wireless communications facilities and related equipment (excluding structural work or changes in height or dimensions of antennas, support structures or buildings); provided, that compliance with the standards of this code are maintained.
(2)
Principal or Accessory Use. Wireless communications facilities may be either a principal or accessory use. A different use of an existing structure on the same lot shall not preclude the installation of a wireless communications facility on that lot.
(3)
Reimbursement of Costs. In addition to the application fee, the applicant shall reimburse the City for costs of professional engineers and other consultants hired by the City to review and inspect the applicant's proposal when the City is unable to do so with its existing staffing resources. By way of illustration and not limitation, these professional services may include engineering and technical review, legal review, planning review, Hearing Examiner services, environmental review, critical areas review, financial and accounting review, soils review, and mechanical and structural engineering review. In the event that a project requires professional services beyond that which is included in the base fee, the applicant shall reimburse the City the full cost of such engineer or consultant services plus a City service charge of ten (10) percent as calculated from before-tax cost.
(c)
Definitions.
(1) "Base station"(i) (ii) (iii)
means a structure or equipment at a fixed location that enables FCC-licensed or authorized wireless communications between user equipment and a communications network. The term does not encompass a tower as defined herein or any equipment associated with a tower. "Base station" includes, without limitation:
Equipment associated with wireless communications services such as private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul.
Radio transceivers, antennas, coaxial or fiber-optic cable, regular and backup power supplies, and comparable equipment, regardless of technological configuration (including Distributed Antenna Systems ("DAS") and small-cell networks).
Any structure other than a tower that, at the time the relevant application is filed with the City under this section, supports or houses equipment described in subsections (d)(1)(i) and (ii) of this section that has been reviewed and approved under the applicable zoning or siting process, or under another state or local regulatory review process, even if the structure was not built for the sole or primary purpose of providing that support.
The term does not include any structure that, at the time the relevant application is filed with the City under this section, does not support or house equipment described in subsections (d)(1)(i) and (ii) of this section. |
(2) "Co-location"
means the mounting or installation of transmission equipment on an eligible support structure for the purpose of transmitting and/or receiving radio frequency signals for communications purposes.
(3) "Concealed"
means a wireless communications antenna or facility that is not evident; it is disguised, hidden by, or integrated with a structure that is not a wireless communications facility.
(4) "Eligible facilities request"
means any request for modification of an existing tower or base station that does not substantially change the physical dimensions of such tower or base station, involving:
(5) "Eligible support structure"
means any tower or base station as defined in this section; provided, that it is existing at the same time the relevant application is filed with the City of Bremerton under this section.
(6) "Existing"
means a constructed tower or base station is existing for purposes of this section if it has been reviewed and approved under the applicable zoning or siting process, or under another State or local regulatory review process; provided, that a tower that has not been reviewed because it was not in a zoned area when it was built, but was lawfully constructed, is existing for purposes of this section.
(7) "Nonsubstantial change"
means any modification to an existing support structure not classified as or meeting the criteria of a substantial change, as defined in this section.
(8) "Provider"
means every corporation, company, association, joint stock company, firm, partnership, limited liability company, other entity and individual licensed to provide personal wireless services over personal wireless communications facilities.
(9)
Right-of-Way. For the purpose of this chapter, "right-of-way" means any site located in City right-of-way, or on City property.
(10) "Site"
means, for towers other than towers in the public rights-of-way, the current boundaries of the leased or owned property surrounding the tower and any access or utility easements currently related to the site, and, for other eligible support structures, further restricted to that area in proximity to the structure and to other transmission equipment already deployed on the ground.
(11) "Structure"
means any existing building, utility pole, or tower capable of supporting a wireless communications antenna. Structures include, but are not limited to, existing buildings, water towers, and utility poles and/or towers.
(12) "Substantial change"(i) (ii) (iii) (iv) (v) (vi)
means a modification substantially changes the physical dimensions of an eligible support structure if it meets any of the following criteria:
For towers other than towers in the public rights-of-way, it increases the height of the tower by more than ten (10) percent or by the height of one (1) additional antenna array with separation from the nearest existing antenna not to exceed twenty (20) feet, whichever is greater; for other eligible support structures, it increases the height of the structure by more than ten (10) percent or more than ten (10) feet, whichever is greater;
For towers other than towers in the public rights-of-way, it involves adding an appurtenance to the body of the tower that would protrude from the edge of the tower more than twenty (20) feet, or more than the width of the tower structure at the level of the appurtenance, whichever is greater; for other eligible support structures, it involves adding an appurtenance to the body of the structure that would protrude from the edge of the structure by more than six (6) feet;
For any eligible support structure, it involves installation of more than the standard number of new equipment cabinets for the technology involved, but not to exceed four (4) cabinets; or, for towers in the public rights-of-way and base stations, it involves installation of any new equipment cabinets on the ground if there are no preexisting ground cabinets associated with the structure, or else involves installation of ground cabinets that are more than ten (10) percent larger in height or overall volume than any other ground cabinets associated with the structure;
It entails any excavation or deployment outside the current site;
It would defeat the concealment elements of the eligible support structure; or
It does not comply with conditions associated with the siting approval of the construction or modification of the eligible support structure or base station equipment; provided, however, that this limitation does not apply to any modification that is noncompliant only in a manner that would not exceed the thresholds identified in subsections (g)(3)(i) through (iv) of this section.
(13) "Transmission equipment"
means equipment that facilitates transmission for any FCC-licensed or authorized wireless communication service, including, but not limited to, radio transceivers, antennas, coaxial or fiber-optic cable, and regular and backup power supply. The term includes equipment associated with wireless communications services including, but not limited to, private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul.
(14) "Tower"
means any structure built for the sole or primary purpose of supporting any FCC-licensed or authorized antennas and their associated facilities, including structures that are constructed for wireless communications services including, but not limited to, private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul, and the associated site.
(15) "Wireless communications facility"
means a facility for the transmission and reception of radio or microwave signals used for communication, cellular phones, personal communications services, enhanced specialized mobile radio or any other services licensed by the FCC, and unlicensed wireless services including but not limited to associated equipment shelter, support tower and antenna array.
(d)
Process. The applicant shall provide proof of legal authority to co-locate on an existing structure, modify an existing structure, or construct a new structure at the time of permit submittal. This shall include any current franchise agreements for projects located within the City's right-of-way and lease agreements on private or City real property. Only a complete application shall be accepted for review. Prior to acceptance, the permit application shall be reviewed for completeness. If an application is deemed complete, the application will be processed and reviewed. The Director has the discretion to elevate a Type I permit to a Type II permit in cases where views from residential properties or views from the public right-of-way may be affected.
(2)
Type II Permit.
(i)
All other wireless communications facilities not exempt by this chapter, and not eligible for a Type I permit, require a Type II permit.
(ii)
A Type II permit, including the notification of adjacent property owners within three hundred (300) feet, is required for all new wireless communications facilities in residential zoning districts, and for sites adjacent to residential zones.
(e)
Siting Wireless Communications Facilities. It is the policy of the City to minimize the number of wireless communication towers. The City encourages the location of antenna arrays on existing structures and encourages the co-location of antenna arrays of more than one (1) wireless communication service provider on a single tower. All wireless communications facilities shall be screened or concealed to the greatest degree feasible unless otherwise exempt. Priority of location shall be as follows:
(1)
Co-Location. Mount antennas on eligible support structures as defined by this chapter.
(2)
Antennas on Street (Utility) Poles Located in the Right-of-Way. The total bulk added to a pole shall not exceed double the average bulk of existing poles within three hundred (300) feet. An existing street pole may be replaced with a new street pole of the same diameter and appearance as the existing street pole; provided, the highest element on the pole, including antennas, does not exceed the average height of existing poles within three hundred (300) feet. Alterations for increased height and bulk may be granted by the Director if the applicant can demonstrate that a superior method of concealment will be utilized. When well concealed, a greater number of sites spread over a larger area is preferable to replacing an existing pole with a taller pole.
(3)
Antennas Mounted on Existing Structures. The applicant shall exhaust co-location possibilities and locating on other structures (i.e., buildings, roofs, light standards, etc.) before applying for a new tower. The antennas, mounting hardware and antenna cables shall be concealed to match the existing building or structure. Rooftop equipment shall be screened in a manner and material that is architecturally compatible with the building. Examples of appropriate screening include, but are not limited to, lattice, parapet walls or rooftop plantings.
(4)
New Towers. The applicant bears the burden to show that mounting antennas on existing structures or towers is not technically feasible before applying for an application for a new tower. This burden includes documenting existing structures that were studied prior to the application and an analysis explaining why those locations were not technically feasible. New towers, support structures and equipment areas shall be designed to accommodate antennas for more than one (1) user, unless the applicant demonstrates why such design is not technically feasible.
(f)
Siting and Design of Towers and Associated Equipment. Site location and development shall:
(1)
Be integrated through location and design to blend in with the existing characteristics of the site.
(2)
Preserve the existing on-site vegetation and minimize disturbance of the existing topography, unless such disturbance would result in less visual impact of the site to the surrounding area.
(3)
Be designed and placed on the site in a manner that takes the maximum advantage of existing trees, mature vegetation, and structures as to use existing site features to screen as much of the total facility as possible, and/or use existing site features as a background so that the facility blends into the background with increased sight distances. Equipment shelter/cabinets at ground level shall be screened with landscaping and/or other such material that provides screening during the entire year. Setbacks from property lines shall be maximized where practical.
(4)
When comparing potential sites for a new wireless communication tower, sites that can provide substantial screening of the tower will be preferred over sites where the tower will be highly visible.
(5)
New towers shall be located in the following locations in order of preference: City property, industrial zone (I), freeway corridor zone (FC), general commercial zone (GC), place antennas and towers in other zone districts which do not adjoin or adversely impact residential neighborhoods.
(g)
Minimum Design and Submittal Requirements. All wireless communications facilities not specifically exempted by this chapter shall provide the following:
(1)
Photo simulations of the proposed facility from affected residential properties and public rights-of-way at varying distances.
(2)
A landscaping plan which complies with BMC § 20.50.050. The Director may adjust these requirements when co-locating on an existing structure.
(3)
All new wireless communications facilities shall provide signed statements indicating that:
(i)
The applicant and landowner (if different) agree they will diligently negotiate in good faith to facilitate co-location of additional wireless communications facilities by other providers on the applicant's structure or within the same site location; and
(ii)
A letter signed by the applicant stating the tower will comply with all Federal Aviation Administration (FAA) regulations and Electronic Industries Alliance (EIA) standards and all other applicable federal and local laws and regulations.
(iii)
Certification that the antenna usage will not interfere with other adjacent or neighboring transmission or reception functions.
(4)
Wireless communications facilities shall be screened or concealed to the greatest degree feasible by employing the best available technology. This may be accomplished by use of compatible materials, location, color, stealth technologies, and/or other tactics to achieve minimum visibility of the facility as viewed from public streets or residential properties. All screening and concealment is subject to the approval of the City.
(5)
Tower bases, equipment enclosures and cabinets and related security fencing shall be screened from public view. This screening requirement may be met in a number of ways, including use of a solid masonry wall, earthen berms, artwork, or landscaping. If landscaping is employed, it shall meet all applicable requirements of Chapter 20.50 BMC.
(6)
In reviewing the proposed placement of a wireless facility on the site and any associated landscaping, the City may make a condition of the permit that the applicant supplement existing trees and mature vegetation to more effectively screen the facility.
(7)
Towers, antennas, and any associated hardware and equipment shall be painted a nonreflective color or color scheme appropriate to the background against which the facility would be viewed from a majority of points within its viewshed, unless otherwise required by the FAA. A proposed color or color scheme shall be approved by the City.
(8)
Fencing, if used, shall conform to BMC § 20.46.020 and the following:
(i)
Security fencing shall be effectively screened from view through the use of appropriate landscaping materials; and
(ii)
Chain-link fences shall be painted or coated with a nonreflective color, and shall have a minimum three (3) foot deep area to be planted with approved plant species in a manner that will completely screen the fencing.
(9)
No wireless equipment enclosures reviewed under this section shall be located within required yard setback areas, and when located outside the right-of-way, shall not be permitted within ten (10) feet of any property line.
(h)
Proof of Necessity. Providers are required to demonstrate that their facilities must be placed in the proposed location in order to satisfy their grid system and provide adequate coverage. Regional grid maps shall be submitted showing the proposed site and its relation to sites in the area. The companies shall also demonstrate that the height of the facility they are requesting is the minimum height necessary to provide adequate coverage within the grid system. Some gaps in coverage and less than seamless coverage may be acceptable. In some instances, there may be a need for expert review by a third party of the technical data. The City may require such a technical review, to be paid for by the applicant. The expert review may include, but not be limited to, a recommendation on the height of the proposed facilities relative to the applicant's coverage objectives and system design parameters, or the structural requirements for accommodating co-location. Based on the results of the third party review, the City may require changes to the application that comply with the recommendations of the expert.
(i)
Noise. All wireless communications facilities and supporting equipment shall conform to levels established in Chapter 6.32 BMC. A noise study verifying that the maximum level is not being exceeded may be required prior to issuance of the building permit. If complaints regarding noise levels are registered with the City, the City may require additional testing and certification of the noise level, at the expense of the communications facility owner/operator.
(j)
Abandonment or Discontinuation of Use.
(1)
At such time that a provider plans to abandon or is required to abandon the operation of a wireless communications facility, such provider will notify the City Department of Community Development by certified U.S. mail of the proposed date of abandonment. Such notice shall be given no less than thirty (30) days prior to abandonment.
(2)
In the event that a licensed provider fails to give such notice, the personal wireless facility shall be considered abandoned.
(3)
Upon abandonment, the provider shall physically remove the wireless communications facility within one hundred eighty (180) days from the date of abandonment. "Physically remove" shall include, but not be limited to:
(i)
Removal of antennas, mounts, equipment cabinets and security barriers from the subject property.
(ii)
Removal of towers.
(iii)
Transportation of the antennas, mounts, equipment cabinets, security barriers, and towers to a location outside of the City of Bremerton, or to an approved storage area.
(iv)
Restoring the location of the personal wireless facility to its natural condition, except any remaining landscaping and grading.
(k)
Maintenance.
(1)
Wireless communications facilities shall be maintained. For purposes of this section, "maintenance" shall include but not necessarily be limited to the following:
(i)
Keeping of all plant materials used for screening in a live and healthy condition;
(ii)
Regular painting of towers, enclosures, artwork, fences and all paintable items on the site such that rust, peeling paint, or oxidation is not evident;
(iii)
Repair of any loose or hanging equipment or parts; and
(iv)
Replacement of missing plants, artwork, fencing or fencing parts, or portions of towers, enclosures, and other equipment.
(Ord. 4950 § 8 (Exh. A) (part), 2005; Ord. 5301 § 3 (Exh. B) (part), 2016; Ord. 5506 § 7, 2024)
§ 20.46.150 PUBLIC UTILITY FACILITIES.
Public utility facilities as defined in Chapter 20.42 BMC may be permitted in all zones where not listed as an allowable use, provided a conditional use permit is approved pursuant to BMC § 20.58.020, and subject to the following conditions. Decisions shall be a Type II Director's decision per Chapter 20.02 BMC.
(a)
The public facility does not substantially interfere with or detract from the intent of the zone district, as determined by the Director;
(b)
The public facility conforms to applicable development standards of the zone, including setback and height standards, unless modified by the Director;
(c)
Measures are taken to provide screening for the public facility in cases where the facility would otherwise have a negative impact on the visual character of a neighborhood as seen from rights-of-way or adjacent properties.
(Ord. 4950 § 8 (Exh. A) (part), 2005; Ord. 5301 § 3 (Exh. B) (part), 2016)
§ 20.46.160 PUBLIC DISTRIBUTION/ TRANSMISSION FACILITIES.
Public distribution/transmission facilities as defined in Chapter 20.42 BMC are permitted outright in all zones. The Director shall determine whether a utility facility is most appropriately classified as a public distribution/transmission facility or a public utility facility (see BMC § 20.46.150) according to the definitions set forth in Chapter 20.42 BMC.
(Ord. 4950 § 8 (Exh. A) (part), 2005; Ord. 5301 § 3 (Exh. B) (part), 2016)
§ 20.46.170 COTTAGE HOUSING.
(a)
Cottage housing developments may be approved in accordance with the following:
(1)
Orientation. Lot orientation shall be in accordance with the following standards:
(i)
All units with primary street frontage shall first be oriented towards the street; otherwise, the common open space shall act as the street front and all units shall be oriented towards the common open space.
(ii)
Dwellings within a cottage housing development should be broken up into groups of no more than twelve (12) dwellings arranged around a common open space. The applicant shall demonstrate all efforts have been made to link housing clusters by ADA accessible paths and shared parking.
(2)
Open Space. The following open space requirements apply to all proposals regardless of number of units:
(3)
Parking. Off-street parking shall be provided in accordance with the requirements set forth in Chapter 20.48 BMC, and the following criteria:
(i)
All parking areas and vehicle circulation shall be consolidated to the degree feasible.
(ii)
Parking areas serving more than one (1) dwelling unit shall not be located on a primary street frontage and should be located off an alley or a secondary street.
(iii)
Garages and carports shall be oriented so that vehicle entrances are located off an alley or private parking area. All efforts shall be made to not orient vehicle entrances toward a primary frontage.
(4)
Design Standards.
(i)
Nonresidential Structures. Accessory structures and attached garages shall meet design standards per BMC § 20.60.060(d), and the combined gross square feet of all accessory structures shall not exceed eighty (80) percent of the combined footprint of all on-site residential structures.
(ii)
All dwellings shall include a covered front porch that is integrated with the structure's architecture. The minimum porch depth shall be six (6) feet, with a minimum width of ten (10) feet. This area shall not be included in dwelling gross square feet, but may be included in required open space area.
(5)
Nonconformities. An existing detached single-family residential structure, which may be nonconforming with respect to the standards of this section, shall be permitted to remain, but the extent of the nonconformity may not be increased. Such nonconforming dwelling units shall be included in the maximum permitted cottage density.
(Ord. 5506 § 8, 2024; Ord. 5513 § 3 (Exh. B), 2025)
§ 20.46.180 GROUP RESIDENTIAL CLASS I.
(Ord. 5506 § 9, 2024; Ord. 5513 § 3 (Exh. B), 2025)
§ 20.46.190 SENIOR HOUSING COMPLEX.
(a)
Senior housing complex is permitted in any zone that permits residential uses, provided the following criteria are met:
(1)
Minimum site area shall be no less than two (2) acres;
(2)
Minimum setbacks, density, height and lot coverage of the underlying zone shall apply;
(3)
Except for a community building/clubhouse for the exclusive use of complex residents, all accessory uses shall be located within a structure containing residential units;
(4)
Attached or detached structure types are permitted and dwelling units may be owned by individuals or occupied as rentals;
(5)
Access to alternative transportation such as public transit or on-site shuttle services to access daily goods or services shall be provided; and
(6)
A management agreement or covenants on individual properties to maintain the complex as a senior citizen complex shall be recorded with the Kitsap County Auditor's office.
(Ord. 5506 § 10, 2024; Ord. 5513 § 3 (Exh. B), 2025)
§ 20.46.200 MANUFACTURED HOME PARK.
(a)
A manufactured home park is permitted in any zone that permits residential uses, provided the following criteria are met:
(2)
The minimum site size shall be five (5) acres;
(3)
Density shall meet the underlying zone;
(4)
Adequate water, sewer, and utility services are available to all building sites;
(5)
A fire protection system meeting the requirements of the City Fire Marshal is provided;
(7)
The following setbacks shall apply to manufactured homes or mobile homes, together with their additions and appurtenant structures, accessory structures, and other structures on the site (excluding fences), excluding any hitch or towing fixture:
(i)
From interior roads, at least fifteen (15) feet from centerline of the tract or easement, but in no case shall the setback be less than five (5) feet from the paved surfaced edge;
(ii)
Structures near the perimeter lot lines of the property shall comply with the setbacks of the underlying zone;
(iii)
A minimum of ten (10) foot separation between all manufactured homes;
(9)
Outside storage of vessels (boats), household items and equipment is prohibited, except a common central storage area may be provided for residents of the park. The storage area shall be screened by a minimum five (5) foot high by five (5) foot wide sight-obscuring barrier consisting of landscaping and fencing or wall, and shall meet minimum setbacks of the underlying zone;
(10)
Ten (10) percent of the site shall be maintained as common recreational open space for the use of residents and:
(i)
May include community areas and facilities such as playgrounds, swimming pools, and hobby and craft shops;
(ii)
However, it shall not include required landscaping areas, perimeter setback areas, parking areas, storage areas, building separation areas or other areas deemed impractical by the Director for the recreational enjoyment of the residents;
(11)
Trees meeting the standards set forth in Chapter 20.50 BMC shall be provided along all property lines abutting a residential zone and public streets. Exceptions for trees may be allowed when a property line abuts an alley or is obstructed by a building or other structure;
(12)
Adequate lighting to illuminate streets, driveways, and walkways for the safe movement of pedestrians and vehicles is required; and
(13)
All water, sewer, electrical, and communication service lines shall be underground.
(Ord. 5506 § 11, 2024; Ord. 5513 § 3 (Exh. B), 2025)
§ 20.46.210 MIDDLE HOUSING.
(a)
Intent. The purpose of this section is to provide land use, development, design, and other standards for middle housing as defined in Chapter 20.42 BMC.
(b)
Applicability. The provisions of this section shall apply to all lots zoned predominantly for residential use, unless otherwise noted. This section does not apply to lot that was created through the splitting of a single residential lot. In the event of a conflict between this section and other development regulations applicable to middle housing, the standards of this section control, except that this subsection shall not apply to shoreline regulations under Chapter 90.58.RCW.
(c)
Allowable Density. This subsection (c) does not apply to portions of a lot, parcel, or tract designated with critical areas designated under RCW 36.70A.170 or their buffers as required by RCW 36.70A.170 or the shoreline jurisdiction. The following density and lot area standards are applicable to middle housing development:
(1)
The permitted unit density on all lots zoned predominantly for residential use is:
(2)
The standards of subsection (c)(1) of this section do not apply to lots after subdivision below one thousand (1,000) square feet unless the City has enacted an allowable lot size below one thousand (1,000) square feet in the zone.
(3)
To qualify for additional units under the affordable housing provisions of subsection (c)(1) of this section, an applicant shall commit to renting or selling the required number of units as affordable housing and meeting the standards of subsections (c)(3)(i) through (c)(3)(iv) of this section.
(i)
Dwelling units that qualify as affordable housing shall have costs, including utilities other than telephone, that do not exceed thirty (30) percent of the monthly income of a household whose income does not exceed the following percentages of median household income adjusted for household size, for the county where the household is located, as reported by the United States Department of Housing and Urban Development: (a) rental housing: sixty (60) percent, (b) owner occupied housing: eighty (80) percent.
(ii)
The units shall be maintained as affordable for a term of at least fifty (50) years, and the property shall satisfy that commitment and all required affordability and income eligibility conditions.
(iii)
The applicant shall record a covenant or deed restriction that ensures the continuing rental or ownership of units subject to these affordability requirements consistent with the conditions in Chapter 84.14 RCW for a period of no less than fifty (50) years.
(iv)
The units dedicated as affordable housing shall be comparable to other units in the development in terms of range of sizes, number of bedrooms, distribution throughout the development, and functionality.
(d)
Development Standards. Middle housing shall comply with the development and design standards of the underlying zone, except that in all cases maximum structure height is thirty-five (35) feet.
(e)
Parking Standards. Middle housing shall comply with the parking standards of the underlying zone.
(Ord. 5512 § 3 (Exh. B), 2025)
§ 20.46.220 FAMILY DAY CARE PROVIDER.
Consistent with RCW 36.70A.450, a family day care provider is a permitted use in all residential and mixed-use zones. "Family day care provider" means a child care provider who regularly provides early childhood education and early learning services for not more than twelve (12) children at any given time in the provider's home in the family living quarters except as provided in RCW 43.216.692. A family day care provider shall be processed as a Type I permit. A family day care provider shall meet the following criteria:
(a)
Conforms with all applicable landscaping, development, design, and signage standards of the underlying zone;
(b)
Is certified by the Department of Children, Youth, and Families licensor as providing a safe passenger loading area;
(c)
Evidence is submitted demonstrating that written notification has been provided to immediately adjoining property owners, stating the intent to locate and maintain such a facility.
(Ord. 5513 § 3 (Exh. B), 2025)
§ 20.46.230 CO-LIVING HOUSING. [1]
Co-living housing is a residential development with sleeping units that are independently rented and provide living and sleeping space, in which residents share kitchen facilities with residents of other units in the building. Co-living housing shall be processed as a Type I permit. Consistent with Chapter 36.70A RCW, co-living housing shall meet the following criteria:
(b)
Conforms with all applicable landscaping, development, design, and signage standards of the underlying zone;
(Ord. 5513 § 3 (Exh. B), 2025)
[1]
Code reviser's note: Ord. 5513 adds this section as 20.46.220. It has been editorially renumbered to avoid duplication of numbering.
§ 20.46.240 NEIGHBORHOOD-SCALE COMMERCIAL.
This code section relates to allowing small business establishments in residential zones. Neighborhood-scale commercial shall be processed as a Type II Permit Conditional Use Permit. In all residential zones, neighborhood-scale commercial may be permitted when conforming to the International Building Code, International Fire Code, and the following criteria:
(b)
Zone. Conforms with all applicable development, design, and signage standards of the underlying zone;
(c)
Size. The area of the commercial use shall not exceed the following:
(d)
Structure. The business shall be wholly situated indoors, within an enclosed space;
(f)
Access. Site shall front on a public right-of-way and not be located on a dead-end street or cul-de-sac;
(g)
Spacing. Location is limited to corner lots of intersecting streets, not including alleys;
(h)
Hours of Operation. Business activities shall cease after 9:00 PM;
(Ord. 5523, 10/15/2025)
§ 20.46.250 TRANSITIONAL HOUSING, PERMANENT SUPPORTIVE HOUSING, INDOOR EMERGENCY SHELTERS, AND INDOOR EMERGENCY HOUSING.
(a)
Intent. Consistent with RCW 35.21.683, the following standards provide a process to meet the need for facilities housing individuals or families who are homeless, or at imminent risk of becoming homeless, while ensuring public health, safety and welfare.
(b)
Transitional housing, and permanent supportive housing, is permitted in any zone in which residential dwelling units or hotels are an allowed use, provided a conditional use permit is approved pursuant to BMC § 20.58.020 and subject to the corresponding conditions per subsection (d) of this section.
(d)
Service providers must exercise reasonable and appropriate on-site supervision of facilities and program participants at all times, unless it can be demonstrated through the operations plan that this level of supervision is not warranted for the population being housed. The use shall comply with all Federal, State, and local laws and regulations. Conditional Use Permit applications to the City shall conform with the following:
(1)
The applicant must provide an operation plan at the time of the application that adequately addresses the following elements:
(i)
Name, roles, and contact information for key staff;
(ii)
Site/facility management, including security policies and an emergency management plan;
(iii)
Occupancy policies, including resident responsibilities and a code of conduct that address, at a minimum, the use or sale of alcohol and illegal drugs, threatening or unsafe behavior, and weapon possession;
(2)
Managing agencies and the Bremerton Police Department (BPD) shall establish reasonable protocols for access and coordination for the subject facility and its residents.
(Ord. 5523, 10/15/2025)
§ 20.48.010 INTENT.
The purpose of this chapter is to ensure the usefulness of parking and loading facilities, to protect the public safety, to mitigate adverse land use impacts and to protect the visual, water and air quality of the community.
(Ord. 4950 § 8 (Exh. A) (part), 2005; Ord. 5301 § 3 (Exh. B) (part), 2016; Ord. 5513 § 3 (Exh. B), 2025)
§ 20.48.020 APPLICABILITY.
(a)
General. The provisions of this chapter shall be applied at the time of erection of any building or structure, or at the time any principal building or structure is enlarged or increased in capacity unless provided for otherwise by law. Off-street parking refers to any parking, loading, motorcycle, bicycle, or other parking required by this chapter. This chapter shall be used in conjunction with specific off-street parking requirements set forth in this title. In cases of conflict, the most stringent requirement shall apply.
(b)
Remodeled, Improved, or a Change of Use. When an existing structure is remodeled, improved, or a change of use or tenancy occurs on a legally established site, it shall be exempt from conformance with this chapter; provided, that:
(1)
The structure is not enlarged, extended, or structurally altered outside the existing building envelope in a manner that would require additional parking pursuant to this chapter. In the case of a structure expanding, the number of additional spaces shall be computed only to the extent of the enlargement, regardless of whether or not the number of previous existing spaces satisfies the requirements of this chapter.
(2)
Alterations do not increase the number of dwelling units.
(3)
Re-striping of existing parking may be required as a condition of permit approval.
(c)
Movement of Building. If a building is moved to a new lot, off-street parking spaces shall be provided in accordance with the requirements of this chapter.
(Ord. 4950 § 8 (Exh. A) (part), 2005; Ord. 5301 § 3 (Exh. B) (part), 2016; Ord. 5513 § 3 (Exh. B), 2025)
§ 20.48.030 NONCONFORMITIES.
Any use which, on the effective date of the ordinance codified in this chapter or any amendments hereto, is nonconforming in terms of required off-street parking facilities may continue in the same manner as if they were conforming unless any of the provisions set forth in BMC § 20.48.020 would apply. When new development occurs, a maximum of six (6) legally established nonconforming gravel surfacing parking spaces shall be permitted to remain in place; new development is not exempt from driveway standards per this chapter or provisions per Chapter 11.12 BMC.
(Ord. 4950 § 8 (Exh. A) (part), 2005; Ord. 5301 § 3 (Exh. B) (part), 2016; Ord. 5513 § 3 (Exh. B), 2025)
§ 20.48.040 GENERAL REQUIREMENTS.
The following requirements are applicable to all zoning districts:
(a)
Occupancy. No building or structure shall be approved for occupancy unless adequate off-street parking facilities are provided consistent with the requirements of this chapter.
(b)
Availability. All required off-street parking spaces shall be made available and continuously maintained for the parking of residents, customers, patrons and employees of the related land uses and shall not be rented, leased or otherwise assigned to any person or organization not related to the principal or accessory land use.
(c)
Plans Required. No building permit shall be issued until the applicant has submitted satisfactory plans to the City showing how the off-street parking facilities required by this chapter will be provided and maintained. Development of a parking lot without a building or other structure does not require a building permit, but does require a site development permit in accordance with BMC § 20.58.090.
(d)
Maintenance. It shall be the responsibility of the property owner to ensure that parking areas and driveways are continually maintained in good condition and free of refuse and debris. All required landscaping shall be kept in a healthy condition and properly maintained.
(e)
Nonparking Activities. No business, temporary or permanent display, or other nonparking activity shall occur on any off-street parking area unless otherwise approved by the Department of Community Development.
(f)
Parking Prohibited. Parking is prohibited on landscaped or other areas not designed and approved for parking.
(g)
Unobstructed Access and Circulation.
(1)
Unobstructed vehicular access to and from public or private streets shall be provided for all off-street parking spaces. Vehicular access drives shall be designed to ensure the safety of persons using such access or traveling on the public street.
(2)
Required parking and all maneuver areas shall remain free of all obstructions.
(3)
No parking space may block access to another parking space unless the City has approved a tandem parking design and valet parking with a tenant is made available during hours of operation.
(4)
Except for single-family and duplex structures on individual lots, parking spaces shall be designed to prevent the backing of vehicles onto a public right-of-way, or a private street other than an alley.
(h)
Shared Driveways. Shared driveways are encouraged for abutting lots whenever practical. Approval shall include easements granting access to all property owners using the shared driveway.
(Ord. 4950 § 8 (Exh. A) (part), 2005; Ord. 5301 § 3 (Exh. B) (part), 2016; Ord. 5513 § 3 (Exh. B), 2025)
§ 20.48.050 MODIFICATIONS TO PARKING DEVELOPMENT STANDARDS.
The parking development standards included in BMC § 20.48.060 and § 20.48.080 are base standards. Individual zone chapters may provide additional parking standards, or departures from these base standards. In cases of conflict, parking development standards in individual zone chapters shall supersede.
(Ord. 4950 § 8 (Exh. A) (part), 2005; Ord. 5301 § 3 (Exh. B) (part), 2016; Ord. 5513 § 3 (Exh. B), 2025)
§ 20.48.060 RESIDENTIAL PARKING DEVELOPMENT STANDARDS.
The following provisions apply to off-street parking spaces for all single-family, duplex, and accessory dwelling unit residential development:
(a)
Surface. Driveways and areas used for loading, parking and maneuvering motorized vehicles shall have a paved surface.
(b)
Gravel Surface Driveway. A gravel surface driveway may be allowed for a single-family residence for that portion of the driveway that is more than one hundred (100) feet from the lot line where access is provided. Any driveway approved for a gravel surface shall include a paved apron in front of the garage automobile door entrance extending a minimum depth of eighteen (18) feet and at least the width of the garage door.
(c)
Side Yard Setback. Minimum three (3) feet. When parking is located in an approved driveway, the setback for parking may be reduced to zero (0) feet.
(d)
Rear Yard Setback. Minimum three (3) feet. When parking is located in an approved driveway, the setback for parking may be reduced to zero (0) feet.
(e)
Alley Setback. Zero (0) feet.
(f)
Front Yard Setback. No parking shall be located within the front yard setback area of the zone, except within paved driveways, unless allowed otherwise by law.
(h)
Driveways.
(1)
A driveway may be located within any setback area for a residential use, provided it complies with all applicable City street and engineering standards established in BMC Title 11.
(2)
The driveway shall not be less than eight (8) feet in width and not more than twenty (20) feet in width within the front yard setback. The Director may approve exceptions to the maximum driveway width when necessary for compliance with the Americans with Disabilities Act (ADA) standards.
(i)
Required Parking Spaces. Development is exempt from providing automobile off-street parking spaces, except as otherwise required for conformance with the federal Americans with Disabilities Act (ADA) or the State of Washington.
(Ord. 5118 § 2, 2010; Ord. 4950 § 8 (Exh. A) (part), 2005; Ord. 5301 § 3 (Exh. B) (part), 2016; Ord. 5513 § 3 (Exh. B), 2025)
§ 20.48.080 NONRESIDENTIAL PARKING DEVELOPMENT STANDARDS.
The following provisions apply to off-street parking spaces for all nonresidential developments, other uses not addressed per BMC § 20.48.060, and parking lots:
(a)
Surface. Driveways and areas used for loading, parking and maneuvering motorized vehicles shall have a paved surface.
(b)
Side and Rear Yard Setbacks. Parking spaces shall be set back a minimum of five (5) feet from the side and rear lot lines unless adjacent to the low density residential zone, in which case a minimum of ten (10) feet of visual screening is required pursuant to BMC § 20.50.050. Projects which are not adjacent to low density residential may reduce setbacks to zero (0) if the following are incorporated into the design of the parking area:
(c)
Front Yard Setbacks. Surface parking spaces shall be set back a minimum of ten (10) feet from the front lot line, or the front yard setback depth established in the zone, whichever is greater.
(d)
Parking Setbacks in Structures. When parking is incorporated within a structure, the parking shall comply with the setbacks of the zone applicable to the structure.
(e)
Stall and Aisle Requirements. Parking facilities for required parking shall meet the minimum stall and aisle dimensions set forth in Figure 20.48(a)[1].
[1]
Editor's Note: Figure 20.48(a) is included as an attachment to this title.
(f)
Modifications to Parking Stall Requirements. The standards set forth in subsection (e) of this section may be modified to allow for a vehicle overhang of up to two and one-half (2.5) feet, provided:
(1)
Wheel stops are attached to the ground or pavement if curbs are not provided;
(2)
The vehicle overhang would not extend beyond the lot line or into front yard setback areas;
(3)
Walkways maintain a minimum three (3) foot wide (four (4) feet for handicap access routes) unimpeded passage for pedestrian passage beyond the two and one-half (2.5) foot overhang.
(g)
Driveways. The width of nonresidential driveways shall be based on the location, intended usage, and other factors and shall be in accordance with state and City engineering standards.
(h)
Internal Parking Lot Design. Parking facilities shall incorporate the following features to provide safe and efficient circulation for vehicles and pedestrians:
(1)
Standard traffic control signs and devices to direct traffic;
(2)
Signs, crosswalks, raised pedestrian walkways and night lighting to provide for safe pedestrian movement;
(3)
Landscaped islands, raised curbs, and striping to define parking lot entrances, end of parking aisles and the patterns of internal circulation; and
(4)
Overall design coordination and adherence to all applicable design standards.
(i)
Landscaping. Landscaping shall be provided in accordance with the requirements prescribed in Chapter 20.50 BMC.
(k)
Signage and Striping. Directional signs and pavement markings shall be used to control vehicular movement within parking areas and to mark spaces.
(1)
The locations of parking spaces shall be clearly indicated by curb markings, wheel stops, bollards, or other means.
(2)
Incidental signs within parking lots shall be limited to two (2) square feet in size.
(3)
No signs other than those indicating entrances, exits, name of the lot or the establishment to which the lot is accessory, conditions of use, or identification of disabled parking spaces shall be erected.
(l)
Required Parking Spaces. Development is exempt from providing automobile off-street parking spaces, except as otherwise required for conformance with the federal Americans with Disabilities Act (ADA) or the State of Washington.
(Ord. 5046 § 3, 2008; Ord. 4950 § 8 (Exh. A) (part), 2005; Ord. 5301 § 3 (Exh. B) (part), 2016; Ord. 5513 § 3 (Exh. B), 2025)
§ 20.48.140 ACCESSIBLE PARKING.
Where parking is provided, accessible parking spaces shall be provided that comply with the requirements in Chapter 17.04 BMC, City Building Code (IBC Chapter 11). Accessible parking spaces shall be located on the shortest accessible route of travel from adjacent parking to an accessible building entrance.
(Ord. 4950 § 8 (Exh. A) (part), 2005; Ord. 5301 § 3 (Exh. B) (part), 2016; Ord. 5513 § 3 (Exh. B), 2025)
§ 20.48.150 ELECTRIC VEHICLE CHARGING STATIONS.
For uses in allowed zones and where parking is provided, electric vehicle charging stations are encouraged and shall comply with the City Building Code and Washington State Electrical Code (Chapter 296-46B WAC).
(Ord. 5301 § 3 (Exh. B) (part), 2016; Ord. 5513 § 3 (Exh. B), 2025; Ord. 5249 § 5, 2014)
§ 20.48.180 BICYCLE FACILITIES.
All uses subject to BMC § 20.48.080 shall provide the following:
(a)
Residential uses shall provide one (1) bicycle parking space for each residential unit. All residential bicycle parking required by this section shall be provided within a secured building. Bicycle parking may be located within a shared bicycle storage room, indoor secured bike cage, within individual residential units, or other configuration approved by the Director.
(b)
Nonresidential uses shall provide one (1) bicycle parking space per four thousand (4,000) square feet of gross floor area. Bicycle parking for nonresidential uses may be located exterior to the building.
(c)
Bicycle parking stalls shall provide adequate space for maneuvering and storage. Examples of dimensional standards are below:
(1)
The standard required bicycle space is two (2) feet wide, six (6) feet long, and three (3) feet four (4) inches tall.
(2)
There must be at least five (5) feet of space adjacent to all bicycle parking spaces to allow room for bicycle maneuvering.
(3)
A wall clearance of two (2) feet six (6) inches must be provided.
(4)
Alternative bicycle parking configurations may be approved by the Director, provided the applicant demonstrates dimensions listed in this section are not feasible.
(Ord. 4950 § 8 (Exh. A) (part), 2005; Ord. 5301 § 3 (Exh. B) (part), 2016; Ord. 5513 § 3 (Exh. B), 2025)
§ 20.48.200 RENT OF RESIDENTIAL PARKING.
(a)
The rental, lease or other use of automobile parking spaces for commercial parking purposes within a residential zone is prohibited.
(b)
The rental, lease or other use of parking spaces associated with a residential use for commercial parking, whether they are required spaces or not, is prohibited.
(Ord. 4950 § 8 (Exh. A) (part), 2005; Ord. 5301 § 3 (Exh. B) (part), 2016; Ord. 5513 § 3 (Exh. B), 2025)
§ 20.48.260 DRIVE-THROUGH STACKING REQUIREMENTS.
Drive-through stacking requirements can be found in BMC § 20.44.120.
(Ord. 4950 § 8 (Exh. A) (part), 2005; Ord. 5222 § 5, 2013; Ord. 4971 § 10, 2006; Ord. 5301 § 3 (Exh. B) (part), 2016; Ord. 5513 § 3 (Exh. B), 2025)
§ 20.50.010 INTENT.
The intent of this chapter is to establish landscaping standards that contribute to a quality urban environment by connecting open spaces, maintaining native, drought-resistant vegetation, replacing nonnative and invasive species, increasing privacy for residential areas, providing visual relief of parking lots, providing habitat for fish and wildlife, retaining significant trees, and reducing erosion and stormwater runoff while providing on-site filtration to protect groundwater resources from pollutants and flooding.
(Ord. 4950 § 8 (Exh. A) (part), 2005; Ord. 5046 § 4 (part), 2008; Ord. 5301 § 3 (Exh. B) (part), 2016)
§ 20.50.020 APPLICABILITY.
All new development, including expansion of existing structures and/or uses, shall be subject to the requirements of this chapter.
(Ord. 4950 § 8 (Exh. A) (part), 2005; Ord. 5046 § 4 (part), 2008; Ord. 5301 § 3 (Exh. B) (part), 2016)
§ 20.50.030 EXCEPTIONS.
(a)
Landscaping standards do not apply to residential short subdivisions or developments of single-family units on individual lots, except that all undeveloped areas of the property shall be landscaped and continually maintained or retained in a natural undisturbed state.
(b)
The Director may waive or reduce any requirement(s) of this chapter in the following cases:
(1)
The remodel of an existing building results in the expansion of floor area that is ten (10) percent or less of the existing floor area;
(2)
An expansion of a use that results in no modifications (except normal maintenance and repair of the structure) to the outdoor area of the site;
(3)
To accommodate required off-street parking spaces. Pervious pavement or other landscaping mitigation may be required to accommodate for the loss of stormwater function.
(c)
Parking lots with less than thirty (30) spaces are exempt from internal landscaping requirements if they provide at least a five (5) foot width of landscaping across the frontage and along at least one (1) other property line and only one parking lot is located on site.
(Ord. 4950 § 8 (Exh. A) (part), 2005; Ord. 4977 § 6, 2006; Ord. 5046 § 4 (part), 2008; Ord. 5301 § 3 (Exh. B) (part), 2016)
§ 20.50.040 GENERAL PROVISIONS.
(a)
Front Yards. All front yard setback areas shall be landscaped pursuant to the performance standards per BMC § 20.50.050;
(b)
Street Trees. Street trees shall be planted along public and private streets per performance standards in BMC § 20.50.050(a) unless otherwise required by BMC § 20.50.050(c). Trees shall be located within the front yard setback area, or within a public right-of-way if approved by the City and the property owner arranges the planting and maintenance of said street trees;
(c)
Visual Screening. When any nonresidential development, as defined by the International Building Code (which includes three (3) or more units), is proposed on a site that is adjoining the low or medium density residential zones, visual screening shall be provided according to the performance standards in BMC § 20.50.050(b);
(d)
Areas Adjacent to Trails and Open Spaces. All developments adjacent to publicly used or designated trails and open spaces in the Comprehensive Plan shall provide Type I visual screening along the site facing the trail or open space per the performance standards outlined in BMC § 20.50.050(b);
(e)
Undeveloped Areas. Undeveloped portions of property not devoted to landscaping shall remain with existing vegetation, including significant trees, as provided for in BMC § 20.50.050(d), but excluding plants that can be classified as noxious weeds or as invasive species;
(f)
Alternative Landscaping Plan. The requirements of this chapter may be modified to encourage better landscaping design as follows:
(1)
A request for approval of alternate landscaping shall be submitted and accompanied by a landscape plan as required above;
(2)
An alternative landscaping plan may be approved, provided a finding by the City of public benefit and that the total area of landscaping shall be equal to or exceed that created by adherence to the standard landscaping and buffer requirements;
(g)
Guarantee. All landscaping shall be completed prior to the issuance of a certificate of occupancy (CO), except that in lieu of installing required landscaping, a performance assurance device may be provided prior to the issuance of a CO. The purpose of such a requirement is to ensure that a landscape plan is carried out when required by this chapter. The following conditions apply:
(1)
A bond or other acceptable assurance device shall be in the amount of one hundred twenty-five (125) percent of the estimated cost required to complete the approved landscaping, in order to guarantee its installation and the replacement of any plants that die within two (2) years of the posting of the bond;
(2)
If a performance assurance device is provided, landscaping shall be installed within the next planting season and no later than one (1) year from the date of issuance of a CO. If the approved landscape plan is not carried out, the City shall use the performance assurance device to complete the landscaping;
(3)
A performance assurance device will be released two (2) years after it is posted if the landscaping vegetation is in a healthy growing condition;
(h)
Maintenance Required. All plant material shall be maintained in a healthy growing condition free of weeds, trash or debris through the life and use of the development. Dead, damaged, diseased, or missing plant material shall be replanted or replaced as necessary to comply with the approved landscaping plan and the requirements of the chapter. Maintenance standards and assurances must be provided in the landscape plan as described in BMC § 20.50.060.
(Ord. 5046 § 4 (part), 2008; Ord. 4950 § 8 (Exh. A) (part), 2005; Ord. 5301 § 3 (Exh. B) (part), 2016; Ord. 5364 § 5, 2018)
§ 20.50.050 PERFORMANCE STANDARDS.
Required landscaping shall be provided in the following manner:
(a)
General landscaping is intended to provide visual separation between compatible uses and to soften the appearance of parking lots and building facades. All required setback areas, parking lots, and interior landscaping areas shall comply with the following:
(1)
Street trees are required, one (1) tree for every twenty-five (25) linear feet of street frontage, and shall be spaced a maximum distance of thirty-five (35) feet on center; however, trees may be spaced irregularly in natural groupings rather than uniformly spaced except as noted elsewhere in this chapter;
(2)
Planting shall include a mix of trees, shrubs, ground covers, turf grasses or combination thereof; nonliving materials shall not exceed twenty (20) percent of the landscaped area within two (2) years of planting;
(3)
Each separate landscaped area shall be a minimum of fifty (50) square feet and shall include at least one (1) tree in combination with shrubs, ground cover, or other landscape materials;
(4)
Bioswales and permeable pedestrian access ways connecting landscaped areas are encouraged and are included in the calculation of required landscaping square footage. Low impact development best management practices performed on site may count towards required landscaping (tree for tree, and square footage for square footage);
(5)
Interior landscaping shall be dispersed as equally as possible throughout the site particularly in parking areas;
(6)
Parking lots shall have at least ten (10) square feet of interior landscaping for each parking space. Required peripheral trees and required landscaped setback areas shall not be included in the interior landscaping calculations;
(7)
For every ten (10) parking stalls one (1) tree shall be installed within a landscaped area; and
(8)
Landscaped areas shall consist of no more than fifty (50) percent deciduous species.
(b)
Visual screening is intended to function as a year-round full visual barrier between incompatible uses. Visual screening is required for all commercial projects adjacent to the low or medium density residential zones. Visual screening is required as follows:
(1)
Type I. Required along the property line(s) of all nonresidential development proposed on a site that is adjoining the low or medium density residential zones. For purposes of this subsection, nonresidential development is as defined in the International Building Code (which includes three (3) or more dwelling units) and not specifically identified in subsection (b)(2) of this section. A Type I visual screen shall include the following:
(i)
A landscaped area of at least ten (10) feet wide;
(ii)
A mix of evergreen and deciduous trees, no more than twenty (20) feet apart on center. Deciduous trees up to twenty-five (25) percent of the tree requirement are encouraged to add seasonal and textural variation;
(iii)
Shrubs shall be planted between the trees to provide an effective visual barrier. Shrubs may be spaced irregularly in natural groupings rather than uniformly spaced; however, grouped shrubs should be no more than five (5) feet apart from each other; and
(iv)
A sight-obscuring fence, wall, earthen berm or combination thereof is required adjacent to parking areas to ensure headlights do not project into residential properties. Measures shall be taken to ensure quality in the visual character of the wall or fence on the side facing the residential lot.
(2)
Type II. Required for all large retail, motion picture theaters, junk yards, heavy industrial/manufacturing, stadiums, and sports complexes proposed on a site that is adjoining the low or medium density residential zones. Type II screening shall be provided 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 natural groupings rather than uniformly spaced; however, grouped shrubs should be no more than five (5) feet apart from each other; and
(iv)
A sight-obscuring fence, wall, earthen berm or combination thereof is required adjacent 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 hundred (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 frontage) 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 walkways 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 system and provide a better transition between various land uses within the City. The following provisions encourage 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 arborculturalist 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 recommendations 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 promote the retention of existing significant trees during site development, each significant tree within the landscaped 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 significant tree(s) in exchange for the loss of a parking space.
(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 content soils. Plant material selection shall be consistent with the list maintained by the American Association of Nurserymen (AAN). Plant materials shall also be coordinated with utility company requirements to avoid conflicts. Unless otherwise specified within this chapter all required landscaping shall at a minimum meet the following 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.
(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 container.
(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 otherwise 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 architecturally 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 plantings, fences, walls, other structures, or visual obstructions 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:
(3)
Where the maximum setback conflicts with the clear-vision triangle, relief from the maximum setback may be granted thorough a Type I Director decision.
(Ord. 4950 § 8 (Exh. A) (part), 2005; Ord. 4971 § 11, 2006; Ord. 5046 § 4 (part), 2008; Ord. 5008 § 6, 2007; Ord. 5301 § 3 (Exh. B) (part), 2016; Ord. 5319 § 8, 2017; Ord. 5364 § 6, 2018)
§ 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 scientific 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 permanent 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 seasons, whichever occurs first; provided, that the plantings are established;
(4)
Permanent irrigation systems located within required landscape areas shall include the following features:
(i)
Moisture or precipitation sensors;
(ii)
Automatic timers set for operation to assure adequate moisture levels;
(iii)
Head-to-head spacing, if sprinkler heads are proposed;
(iv)
Pressure-regulating devices;
(v)
Backflow prevention devices;
(vi)
Separate irrigation zones for grass and planting beds;
(vii)
Other provisions applicable to state and City codes;
(5)
Irrigation water shall be applied with demonstrated consideration for avoiding runoff, low head drainage, overspray, or other similar conditions where water flows onto adjacent property, nonirrigated areas, and impervious surfaces;
(6)
All landscaping shall be maintained in healthy growing condition for the life of the project;
(7)
All plant material shall be managed by pruning so that plant growth does not conflict with public utilities, restrict pedestrian or vehicular access, or create a traffic hazard.
(Ord. 4950 § 8 (Exh. A) (part), 2005; Ord. 5046 § 4 (part), 2008; Ord. 5301 § 3 (Exh. B) (part), 2016)
§ 20.52.010 INTENT.
The intent of the sign requirements chapter is to recognize the importance of signs in the community and establish regulations to protect the public from damage or injury attributable to distractions and obstructions caused by poorly designed or improperly located signs. These regulations are also intended, in part, to stabilize or enhance the overall appearance of the community, and to protect property values. This chapter is intended to regulate the number, size, placement and physical characteristics of signs and sign structures. These regulations are not intended to and do not restrict, limit or control the content of any sign message.
(Ord. 4950 § 8 (Exh. A) (part), 2005; Ord. 5301 § 3 (Exh. B) (part), 2016; Ord. 5312 § 4 (part), 2016)
§ 20.52.020 APPLICABILITY.
These regulations shall apply in all zoning districts and may be subject to additional requirements of certain districts, or to state regulations. In cases of conflict, the most stringent requirement shall prevail.
(Ord. 4950 § 8 (Exh. A) (part), 2005; Ord. 5301 § 3 (Exh. B) (part), 2016; Ord. 5312 § 4 (part), 2016)
§ 20.52.030 SIGN PERMIT.
(a)
Permit Required. No sign shall be placed, erected, or displayed without first obtaining a sign permit unless exempt under BMC § 20.52.040.
(b)
Removal of Nonconforming Signs. A property containing a nonconforming sign shall not be allowed a new or additional sign on the property until the nonconforming sign is removed or brought into conformance with the requirements of this chapter and the underlying zone.
(c)
Permit Application. An application for a sign permit shall include the following:
(1)
Signature of the property owner or their designated agent;
(2)
Site plan drawn to scale showing existing buildings, streets, freestanding and building signs, utility poles, and other structures within fifty (50) feet of the proposed sign;
(3)
Elevation drawings of the structural details of the proposed sign including dimensions, height, illumination methods and structure supports; and
(4)
Landscaping plan showing planting materials and patterns.
(Ord. 4950 § 8 (Exh. A) (part), 2005; Ord. 5301 § 3 (Exh. B) (part), 2016; Ord. 5312 § 4 (part), 2016)
§ 20.52.040 EXEMPT SIGNS.
The following signs are exempt from the provisions of this chapter, but may be subject to other provisions of the zoning code or building code:
(a)
Traffic signs, signals, wayfinding signs, and other traffic control devices erected by the City or other public authority.
(b)
Public notices pertaining to public health or safety issues, or for notification of legal or legislative action erected by the City or other public authority, of a temporary nature.
(c)
Permanent plaques, cornerstones, nameplates, and other building identification markings attached to or carved into the building materials and which are integral parts of the structure.
(d)
Signs within buildings, provided they do not include moving, flashing or animated signs that are visible from any private or public roadway, or from adjacent properties.
(e)
Legal nonconforming signs.
(f)
Incidental signs intended for public information or convenience and which consist of no more than ten (10) square feet for a combination of such signs. These may include restroom signs, hours of operation signs, address numbers, help wanted, credit card signs, and similar.
(g)
The American flag, State of Washington flag, and other political or special purpose flags that are not intended to contribute to a commercial advertising display.
(h)
Wall graphics of an artistic nature and that do not conform to the definition of "sign."
(i)
Public information/identification approved through a conditional use permit process pursuant to BMC § 20.58.020.
(j)
Signs displayed on a lot with a property for sale or rent.
(k)
Signs displayed on a lot where construction is taking place, provided they are removed prior to occupancy approval of the building.
(m)
Signs not readable from public or private right-of-way or waterway.
(n)
Signs intended for general public information, such as bulletin board/kiosk, that accommodate changeable copy such as private or public notices, special event information, and other short-term messages, at a scale suitable for pedestrians and not intended to be read by passing motorists, and not for commercial advertising purposes.
(Ord. 5263 § 3 (part), 2014; Ord. 4950 § 8 (Exh. A) (part), 2005; Ord. 5301 § 3 (Exh. B) (part), 2016; Ord. 5312 § 4 (part), 2016)
§ 20.52.050 PROHIBITED SIGNS.
The following signs are prohibited within the City limits of Bremerton and shall be subject to removal through amortization or other means:
(a)
Strobe lights or any other flashing, moving, video or animated features that are visible beyond any property line. Readerboard or message center signs that change copy no more frequently than at eight (8) second intervals are exempt from this provision.
(b)
Pole signs in all zones except the freeway corridor (FC) zone and the industrial (I) zone.
(c)
Private signs placed within a public right-of-way, except a projecting sign may be permitted over a sidewalk if a clearance of at least eight (8) feet is maintained between the sidewalk and the bottom of the sign.
(d)
Any sign that is determined by the City Engineer to be a hazard to public safety due to its design, materials, physical condition, or placement.
(e)
Signs painted, attached to, or otherwise supported by rock formations, utility poles, trees or other plant materials.
(f)
Bench signs, when installed within the public right-of-way. When on private property, the size of a bench sign will be counted toward the total allowable sign area.
(h)
Off-premises signs including billboards, but not including co-op signs, portable signs, or noncommercial speech signs where permitted.
(Ord. 4950 § 8 (Exh. A) (part), 2005; Ord. 5263 § 3 (part), 2014; Ord. 5249 § 6, 2014; Ord. 5301 § 3 (Exh. B) (part), 2016; Ord. 5312 § 4 (part), 2016)
§ 20.52.060 SIGN MEASUREMENTS.
(a)
The area of sign faces shall be measured as the area bounded by any six (6) straight lines intersecting at right angles, and shall include any surrounding frames or cabinet edges.
(b)
Sign area does not include supports, foundations or structures that are not part of the sign.
(c)
Only one (1) side of a double-faced sign is counted in the sign's total area.
(d)
Multiple copy signs or shopping center signs consisting of several individual signs on the same support structures are calculated as the total of all individual sign components.
(e)
A round or cylindrical sign is calculated as the maximum area that can be seen at one (1) time from one (1) position, or fifty (50) percent of the total area, whichever is greater.
(f)
The height of a sign is measured from grade, as defined, to the highest point of the sign.
(g)
Sign clearances are measured from grade directly below the sign to the bottom of the sign or sign frame.
(h)
Street corner signs (at an intersection) shall be assigned to one (1) of the frontages by the applicant and shall conform to the requirements of that frontage only.
(i)
Portable signs shall be calculated as part of the total freestanding sign area available to the site.
(Ord. 5263 § 3 (part), 2014; Ord. 4950 § 8 (Exh. A) (part), 2005; Ord. 5301 § 3 (Exh. B) (part), 2016; Ord. 5312 § 4 (part), 2016)
§ 20.52.070 SIGN PLACEMENT REQUIREMENTS.
(a)
All signs, including supporting structures, shall be erected or placed totally within the boundaries of the site and not within any public right-of-way, except for the following:
(b)
Intersections Standard. A vision clearance setback shall be maintained of at least fifteen (15) feet from the edge of all private and public roadways, alleys and driveway intersections.
(c)
General Road Standard. A vision clearance setback shall be maintained of at least ten (10) feet from the edge of existing or planned roadways. Signs may be allowed within the clear-vision setback if:
(d)
A pedestrian clearance is required for any projecting sign (8) feet above grade or sidewalk as measured to the bottom of the sign.
(e)
A projecting sign may extend over a public right-of-way or public pedestrian walkway up to six (6) feet past the property line, but in no case shall the sign extend over a street or other area used by motor vehicles.
(f)
The setbacks for freestanding signs may be reduced to zero (0), provided the applicant provides justification and documented proof that the sign's placement will not hinder vision clearance for existing and future development on the site.
(g)
Freestanding signs shall not extend beyond property lines.
(Ord. 4950 § 8 (Exh. A) (part), 2005; Ord. 5249 § 7, 2014; Ord. 5046 § 5, 2008; Ord. 5301 § 3 (Exh. B) (part), 2016; Ord. 5312 § 4 (part), 2016)
§ 20.52.080 TEMPORARY SIGNS.
All temporary signs are subject to the placement, size, and height requirements of this chapter, and the requirements set forth in the underlying zone. Additionally, the following requirements shall apply:
(a)
The sign area of individual temporary signs shall not exceed thirty-two (32) square feet; except a banner may be permitted with a sign area of up to one hundred (100) square feet.
(b)
The maximum height of a temporary sign is six (6) feet, except a banner may be allowed a maximum height of twenty (20) feet.
(c)
Signs may be displayed for a period not to exceed sixty (60) days. Any time a temporary sign is removed by a business, it shall not be replaced by the same or other temporary sign for a period of not less than ninety (90) consecutive days.
(d)
(e)
Temporary signs shall not be permanently attached to the ground, a building, or to any other structure, other than what is necessary to secure it to prevent theft, wind damage or safety problems.
(f)
Advertising wind signs or devices that flutter, wave, sparkle, or otherwise move from the pressure of the wind are permitted for specific promotions or events but shall not be permanently displayed.
(Ord. 4950 § 8 (Exh. A) (part), 2005; Ord. 5301 § 3 (Exh. B) (part), 2016; Ord. 5312 § 4 (part), 2016)
§ 20.52.085 NONCOMMERCIAL SPEECH SIGNS.
Noncommercial speech signs express noncommercial speech such as public community events, religious, political, social, or other philosophical messages.
Noncommercial speech signs do not promote commercial products or services. The content of such signs is not regulated, but is subject to the following requirements:
(a)
The sign area of noncommercial speech signs shall not exceed thirty-two (32) square feet.
(b)
The maximum height is limited to six (6) feet.
(Ord. 5312 § 4 (part), 2016)
§ 20.52.090 GENERAL SIGN REGULATIONS.
The following regulations apply to signs in all zone districts:
(b)
Extension above Rooftop. No sign that is attached to a building shall extend above the highest point of the roof except for commercial and center zones up to fifty (50) percent of the area of a wall sign that is integrated into an architectural facade design element to define the primary entry to the premises may project above the parapet of a flat roof; provided, that all components of the sign are only visible to public view on the primary entry side of the building.
(c)
Window Signs. Signs placed on the inside of windows and directed toward the outside of a building shall be included in the total sign area calculations.
(d)
Canopies and Awnings. Signs placed on projecting canopies and awnings, whether lighted or not, shall be calculated only for the area of the canopy or awning taken up by the sign itself.
(e)
Landscaping. All freestanding signs shall have a landscaped island at the base of the sign equal to, or greater than, the sign area.
(f)
Illumination. In order to avoid unreasonably distracting pedestrians or motorists, nearby residents, and to protect marine life, illumination from or upon any sign shall be shielded or directed so as to avoid undue brightness, glare or reflection of light on private or public property and waterways. Illumination shall be adjusted to ensure there is no undue brightness. "Undue brightness" is illumination in excess of 0.3 footcandles above ambient light conditions.
(g)
Sign Maintenance. All signs erected in the City of Bremerton are required to remain in good repair. The following requirements shall apply for sign maintenance:
(1)
It shall be unlawful for any person to maintain or permit to be maintained on any premises owned or controlled by said person any sign which is in a damaged or deteriorated condition and constitutes a danger or hazard to public safety.
(2)
Sign components and materials shall be kept in good repair which shall include the sign being free of holes, chipping, cracking, peeling, fading, rusting or nonfunctional components that are detectable from beyond the property line. Any sign in violation of this section shall be removed or repaired by the owner of the sign or the owner of the premises. A permit may be required for maintenance work.
(3)
Temporary signs, noncommercial speech signs or banners showing evidence of deterioration, such as rips, tears, color fading, frayed edges or otherwise showing need of general maintenance that can be seen from the property line shall be removed, repaired or replaced promptly (provided the replacement complies with all other portions of this chapter).
(Ord. 4971 § 12, 2006; Ord. 4950 § 8 (Exh. A) (part), 2005; Ord. 5301 § 3 (Exh. B) (part), 2016; Ord. 5312 § 4 (part), 2016)
§ 20.52.100 COMMERCIAL DISTRICTS SIGN REGULATIONS.
The following standards shall apply to signs placed on property zoned commercial:
(a)
Freestanding Signs.
(1)
No use or combination of uses on a single lot or building shall have more than one (1) freestanding sign per street frontage, with the following exceptions:
(2)
Maximum Height and Design. Freestanding signs shall comply with the height and design requirements set forth in Figure 20.52(a).[1]
[1]
Editor's Note: Figure 20.52(a) is included as an attachment to this title.
(b)
Building Signs.
(1)
Commercial Uses. The building sign standards shall be in accordance with the following:
(i)
Sign Area. Signs attached to a building may have an aggregated area that shall not exceed two (2) square feet for each one (1) lineal foot of building facade width.
(ii)
Maximum Sign Size. A building sign attached individually shall not exceed one hundred (100) square feet in area, except it may exceed the maximum if the total sign area is less than ten (10) percent of the total building facade area of the side with the signage.
(2)
Industrial Uses. The building sign standards for industrial uses and other uses not engaged in the sale of goods or services to the public shall be in accordance with the following:
(i)
Sign Area. The maximum aggregated area for all building signs attached to a single building shall be one hundred (100) square feet.
(3)
Number of Signs. There is no limit to the number of individual building signs, provided the maximum aggregated sign area is not exceeded.
(4)
Illumination. Signs may be illuminated directly, indirectly, or internally, provided the lighting is directed away from other land uses, and away from oncoming traffic.
(c)
Large Multiple-Occupant Development. A shopping center, professional office complex, or similar large multiple-occupancy development may have an identification sign to a maximum size of three hundred (300) square feet placed along one (1) street frontage, provided the parcel has an area of at least eight (8) acres, and the sign is no closer than one hundred (100) feet from an adjacent property on the same side of the street.
(d)
Co-Op Signs. A co-op sign is intended to permit businesses that do not have street frontages on Kitsap Way or Wheaton Way a reasonable opportunity to advertise. Co-op signs are an incentive for the consolidation of signage. A co-op sign transfers the right to place a freestanding sign from a nonfronting parcel to a parcel with street frontage on Kitsap Way or Wheaton Way.
(1)
Co-Op Sign Eligibility. Co-op signs may be permitted along Wheaton or Kitsap Way provided all the following are met:
(i)
At a minimum, two (2) parcels are coordinating to create consolidated signage to reduce visual clutter and limit distractions to pedestrians and motor vehicles. It will be required for the nonfronting parcel to transfer the right to develop an on-site freestanding sign to the parcel fronting Kitsap Way or Wheaton Way. The owners of both the fronting parcel and the nonfronting parcel(s) shall record a "Notice to Title" prepared by the Department recognizing the presence of a co-op sign with the Kitsap County Auditor. The notice shall be notarized and the applicant must submit proof that the notice has been legally recorded before the sign permit is issued.
(ii)
The nonfronting business shall not have a property line fronting Wheaton Way or Kitsap Way.
(iii)
The parcel where the co-op signage is installed shall have at least seventy-five (75) feet of continuous street frontage on Wheaton Way (defined as Wheaton Way from Riddell Road to Sheridan Road) or Kitsap Way.
(iv)
The parcels (fronting and nonfronting) must share a property line, or for nonfronting businesses that do not have a shared property line with the fronting business, co-op signage may be allowed if all of the following are met:
a.
The structure containing the nonfronting businesses is within eight hundred (800) feet of Wheaton or Kitsap Way; and
b.
The nonfronting parcel is within four hundred (400) feet from the fronting parcel where the co-op sign is to be installed; and
c.
There is no public right-of-way between the nonfronting and fronting parcel where the co-op sign is to be installed; and
d.
Vehicle or pedestrian access to the nonfronting business is adjacent to, or is in close proximity to, the fronting business.
(v)
Any existing freestanding sign(s) on the fronting and nonfronting businesses should be removed prior to installation of the co-op sign, unless allowed elsewhere in the code.
(2)
Size and Quantity. Co-op signs shall be in accordance with the following standards:
(i)
A parcel may only participate in one (1) co-op sign.
a.
The nonfronting parcel may place a directional sign at each entrance, not to exceed ten (10) square feet in size.
(ii)
The co-op sign is the only permitted freestanding sign on the participating parcels, except as provided above.
(iii)
The sign does not exceed the maximum height limit as identified in Figure 20.52(a).[2]
[2]
Editor's Note: Figure 20.52(a) is included as an attachment to this title.
(Ord. 5263 § 3 (part), 2014; Ord. 4950 § 8 (Exh. A) (part), 2005; Ord. 5301 § 3 (Exh. B) (part), 2016; Ord. 5312 § 4 (part), 2016)
§ 20.52.120 RESIDENTIAL DISTRICT SIGN REGULATIONS.
The following regulations apply to properties in residential zones:
(a)
Freestanding Signs.
(1)
One (1) freestanding sign may be permitted at each street entrance to a neighborhood, subdivision, manufactured park, apartment/condominium complex, or other homogeneous residential area, provided:
(i)
The sign area is fifty (50) square feet or less.
(2)
Individual Properties. Each residential property may have one (1) freestanding permanent sign that shall not exceed two (2) square feet in sign area.
(3)
Height. Freestanding signs shall have a maximum height of six (6) feet as measured from grade directly below the sign to the highest point on the sign or its support structure.
(c)
Resident name plaques and address numbers shall not be included in total sign area calculations, but shall be limited to a size and character of other such signs in the immediate neighborhood.
(d)
Advertising wind signs or devices that flutter, wave, revolve, or sparkle, or are otherwise moved by the wind, are prohibited.
(Ord. 4950 § 8 (Exh. A) (part), 2005; Ord. 5301 § 3 (Exh. B) (part), 2016; Ord. 5312 § 4 (part), 2016)
§ 20.52.130 SPECIAL PURPOSE SIGN REGULATIONS.
When a sign that is not otherwise regulated by this title and is located in a residential zone, the special purpose sign regulations shall apply. Specifically, special purpose signs are signs located in a residential zone that are for either (1) commercial uses, such as an adaptive reuse, or legally established nonconforming commercial use, or (2) noncommercial signs such as signs for churches, schools and parks. The following shall apply:
(b)
Building Signs.
(c)
Illumination. When located within a residential zone, the sign shall not be illuminated between the hours of 10:00 p.m. and 7:00 a.m.
(Ord. 4950 § 8 (Exh. A) (part), 2005; Ord. 5249 § 8, 2014; Ord. 4971 § 13, 2006; Ord. 5301 § 3 (Exh. B) (part), 2016; Ord. 5312 § 4 (part), 2016)
§ 20.52.140 DOWNTOWN AND CENTERS SIGN REGULATIONS.
The following standards shall apply to signs located in a center:
(a)
Freestanding Signs.
(1)
Sign Area. The requirements prescribed in BMC § 20.52.100(a)(1) shall apply, except wide parcels shall be limited to only one (1) freestanding sign not to exceed one hundred (100) square feet.
(2)
Spacing. Freestanding signs shall be no closer than twenty-five (25) feet from adjacent properties, except this may be modified by the Director where such factors as the width of the lot or the driveway access make compliance impossible.
(3)
Maximum Height and Design. Freestanding signs shall comply with the height and design requirements set forth in Figure 20.52(a).[1]
[1]
Editor's Note: Figure 20.52(a) is included as an attachment to this title.
(b)
Building Signs. The requirements prescribed in BMC § 20.52.100(b) shall apply.
(c)
Moving, flashing, or animated signs are prohibited in downtown and centers zones.
(Ord. 4950 § 8 (Exh. A) (part), 2005; Ord. 5301 § 3 (Exh. B) (part), 2016; Ord. 5312 § 4 (part), 2016)
§ 20.52.150 VARIATIONS TO SIGN REGULATIONS.
(a)
The Director shall have the authority to grant administrative approval for minor adjustments to sign heights, numbers of signs, sign placement, and sign size, provided:
(Ord. 4950 § 8 (Exh. A) (part), 2005; Ord. 5301 § 3 (Exh. B) (part), 2016; Ord. 5312 § 4 (part), 2016)
§ 20.52.160 PORTABLE SIGNS.
Portable signs may be placed on sidewalks or portions of the pedestrian public right-of-way subject to the following conditions:
(a)
A minimum four (4) feet of unobstructed sidewalk or pedestrian path must be maintained. A portable sign shall not be allowed on sidewalks with less than four (4) feet in width.
(b)
Portable signs may not be placed in the driving lanes of a public street or in parking stalls on the public right-of-way.
(c)
One (1) portable sign is allowed for any licensed business. The sign must be displayed immediately adjacent to the main entrance of the business employing the sign.
(d)
Portable signs shall not exceed thirty-two (32) inches in width or thirty-six (36) inches in height as displayed.
(e)
Portable signs shall be professionally lettered, neatly painted or assembled, and remain in good repair.
(f)
Portable signs shall be constructed to avoid being blown from their intended location and to avoid tipping or falling.
(g)
Portable signs shall not be internally lit, not have moving parts, nor shall any attachment or portion of the sign extend beyond the thirty-two (32) by thirty-six (36) inch maximum dimensions established in subsection (d) of this section.
(h)
Portable signs shall be displayed during daylight hours only and shall be removed by the business owner immediately after dusk each day.
(i)
Any site landscaping required by the City shall not be altered to accommodate a portable sign.
(j)
Portable signs shall not block intersections or otherwise constitute a public safety hazard.
(l)
Placement of portable signs on the public right-of-way in violation of this section will result in immediate removal of the sign from the public right-of-way by City personnel.
(Ord. 5249 § 9, 2014; Ord. 4950 § 8 (Exh. A) (part), 2005; Ord. 5301 § 3 (Exh. B) (part), 2016; Ord. 5312 § 4 (part), 2016)
§ 20.52.180 NONCONFORMING SIGNS.
(a)
Applicability. This section applies to the maintenance, repair, as appropriate, and removal of nonconforming signs. "Nonconforming sign" means a sign that was legally established, but no longer conforms to the current sign standards of this title.
(b)
Maintenance and Repair of Off-Premises Signs. Any nonconforming off-premises sign shall immediately lose its legal nonconforming designation, and be removed or brought into conformity with the provisions of this chapter, when one (1) or more of the following events occur:
(1)
Alterations to Sign.
(i)
Any structural alteration to an off-premises sign shall result in the loss of its nonconforming status. This does not include replacing the sign's message or painting.
(ii)
In no case shall an off-premises sign be permitted to be expanded or enlarged. Adding electronic components that move, flash, or change copy is not permitted.
(2)
Alteration to Associated Business or Site. Should a business or site with an off-premises nonconforming sign undergo remodel or site improvements the sign shall lose its nonconforming status under any of the following circumstances:
(i)
The on-site renovation, construction, or other site improvements exceed seventy-five (75) percent of the assessed improvement value of the site; or
(ii)
On-site construction/improvements costs exceed fifty thousand dollars ($50,000); or
(iii)
Unless the structure was damaged by fire or other casualty not intentionally caused by the owner or tenant and a permit is applied for within one (1) year of such fire or casualty.
(c)
Maintenance and Repair of On-Premises Signs. Any nonconforming on-premises sign shall immediately lose its legal nonconforming designation, and be removed or brought into conformity with the provisions of this chapter, when one (1) or more of the following events occur:
(1)
Alterations to Sign.
(i)
If alterations are made to the sign that exceed twenty-five (25) percent of the replacement cost of the sign, it shall lose its nonconforming status; or
(ii)
For freestanding signs, refacing the sign with a new message is permitted; however, if the cabinetry housing the sign is removed, or is intended to be replaced, the sign shall lose its nonconforming status; or
(iii)
In no case shall an on-premises sign be permitted to be expanded or enlarged.
(2)
Alteration to Associated Business or Site. Should a business with a nonconforming sign undergo remodel or site improvements, the sign shall lose its nonconforming status under any of the following circumstances:
(i)
The on-site renovation, construction, or other site improvements exceed seventy-five (75) percent of the assessed improvement value of the site;
(ii)
On-site construction/improvements costs exceed fifty thousand dollars ($50,000); or
(iii)
Unless the structure was damaged by fire or other casualty not intentionally caused by the owner or tenant and a permit is applied for within one (1) year of such fire or casualty.
(Ord. 4950 § 8 (Exh. A) (part), 2005; Ord. 5263 § 3 (part), 2014; Ord. 5249 § 11, 2014; Ord. 5301 § 3 (Exh. B) (part), 2016; Ord. 5312 § 4 (part), 2016)
§ 20.52.190 GOVERNMENT ACQUISITION OF PROPERTY FOR RIGHT-OF-WAY.
(a)
A sign that becomes nonconforming with respect to its setback from the edge of a public right-of-way as a result of a local, state, or federal government acquisition of property for right-of-way expansion shall be characterized as a legal nonconforming sign and shall be allowed subject to the requirements of this section.
(b)
The City may allow, by a Type II permit as prescribed in Chapter 20.02 BMC, the placement of a new sign or relocation of an existing sign within a required setback if it meets all of the following criteria:
(1)
The enforcement of this code would result in substantial hardship to the applicant because no feasible location exists to place a sign on the subject property other than in a required setback, and such hardship was created solely by local, state, or federal government acquisition of property for right-of-way expansion and not by any action of the applicant.
(2)
The sign is not prohibited by BMC § 20.52.050 and, except for location within a required setback, complies with all other requirements of this chapter.
(3)
The sign complies with the City's minimum sight distance at intersection requirements pursuant to BMC § 20.52.070.
(4)
Location of the sign within a required setback is otherwise consistent with the public health, safety, and welfare.
(Ord. 4950 § 8 (Exh. A) (part), 2005; Ord. 5301 § 3 (Exh. B) (part), 2016; Ord. 5312 § 4 (part), 2016)
§ 20.52.200 REMOVAL OF SIGNS.
The sign user, owner and/or owner of the property on which an abandoned, dangerous, defective, illegal, or prohibited sign is located shall remove or cause to be removed any such sign as required in this chapter. Failure to comply shall subject the sign user, owner and/or owner of the property on which the sign is located to the remedies and penalties of BMC § 20.40.200.
(Ord. 4977 § 7, 2006; Ord. 5046 § 6, 2008; Ord. 5249 § 12, 2014; Ord. 5263 § 3 (part), 2014; Ord. 4950 § 8 (Exh. A) (part), 2005; Ord. 5301 § 3 (Exh. B) (part), 2016; Ord. 5312 § 4 (part), 2016)
§ 20.54.010 INTENT.
(a)
Within the zones established by BMC Title 20 and amendments thereto, there exist lots, structures, uses of land and structures which were lawful at the time of their establishment but are prohibited, regulated, or restricted under the existing zone requirements. These nonconformities are declared incompatible with the zone because they do not conform to the requirements of the zone in which they are located.
(b)
To avoid undue hardship, nothing in this chapter shall be deemed to require a change in the plans, construction or designated use of any building or site legally established. The intent of this chapter is to set forth the conditions under which these nonconformities may continue to exist until such time they are discontinued as prescribed by law.
(Ord. 4950 § 8 (Exh. A) (part), 2005)
§ 20.54.020 ESTABLISHMENT OF A LEGAL NONCONFORMITY AND APPLICABILITY.
(a)
A party asserting the existence of a lawfully established nonconforming lot, use or structure has the burden of proof that the lot, use or structure was not substandard in meeting the requirements of the zone which were in effect at its creation.
(b)
The rules of this chapter are applied by first reviewing which provisions are applicable to the nonconformity. (Does the nonconformity involve a lot, use, structure or a combination?) When a combination of nonconforming lot, structure or use exists, each segment of the nonconformity is reviewed independent of the others. Example: a legally established single-family dwelling not allowed in the zone and not meeting setback requirements would be allowed to rebuild from substantial destruction (BMC § 20.54.060(e)(1)), but the new structure would have to comply with the current setback requirements (BMC § 20.54.070(c)).
(Ord. 4950 § 8 (Exh. A) (part), 2005)
§ 20.54.030 ANNEXATION.
Lots, structures, uses of land and structures that were legally in existence prior to annexation to the City, but that do not conform to the requirements of the zone in which they are located following the date of annexation, shall become a legal nonconformity subject to the requirements of this chapter.
(Ord. 4950 § 8 (Exh. A) (part), 2005)
§ 20.54.040 DEFINITIONS.
The following definitions are applicable to this chapter:
(a) Nonconforming Lots.
A lot that does not meet the lot area, width, street frontage, or other requirements of the zone in which it is located, but was lawfully created prior to the effective date of the zone or subsequent amendments thereto.
(b) Nonconforming Use.
Any activity, development or condition that by the zone in which it is located is not permitted outright or as an accessory use, or is not permitted by a conditional use permit or other special permitting process; but was lawfully created prior to the effective date of the zone or subsequent amendments thereto and was continually maintained as defined in this chapter. A nonconforming use may or may not involve buildings or structures and may involve part of or all of a building or property.
(c) Nonconforming Structure.
A building or structure that does not comply with the required setbacks, height, lot coverage and other development requirements of the zone in which it is located, but was lawfully constructed prior to the effective date of the zone or subsequent amendments thereto and was continually maintained as defined in this chapter. This term does not apply to any substandard condition that was legally granted a variance.
(d) Substantial Destruction.
For the purpose of this chapter, "substantial destruction" means the repair or replacement of a building or structure which exceeds one (1) of the following:
(1)
Seventy-five (75) percent of the assessed value of the structure as determined by the Kitsap County Assessor. An appraised value may be substituted for the assessed value at the request of the applicant and as deemed appropriate by the Director.
(2)
For accessory structures which are typically not assessed (such as decks, sheds, garages, and retaining walls) and the value cannot be determined, substantial destruction will occur at the point that seventy-five (75) percent or more of the structure is replaced.
(Ord. 4950 § 8 (Exh. A) (part), 2005; Ord. 5301 § 3 (Exh. B) (part), 2016)
§ 20.54.050 NONCONFORMING LOTS.
The following provisions shall apply to all lots meeting the definition in BMC § 20.54.040(a):
(a)
Continuation and Development. A nonconforming lot may be developed for any use allowed by the zone, provided the development meets, through design or by an approved variance, the requirements of the zone in which it is located.
(b)
Illegal Lot Modifications or Split. The following is applicable to all lots:
(1)
No lot may be modified, divided or adjusted in a manner that would violate dimensional, area, or other requirements of the zone in which it is located.
(2)
A government agency may lawfully modify a lot in a manner that would result in nonconformity, if portions of a lot are acquired for a public use or purpose, or is allowed otherwise by law.
(Ord. 4950 § 8 (Exh. A) (part), 2005; Ord. 5301 § 3 (Exh. B) (part), 2016)
§ 20.54.060 NONCONFORMING USES.
The following provisions shall apply to all uses meeting the definition in BMC § 20.54.040(b):
(b)
Change of Use. A structure or property containing a nonconforming use may be changed to the following:
(1)
A use that conforms to the requirements of the zone; or
(c)
Expansion. A nonconforming use may not be expanded or enlarged, except under one (1) of following circumstances:
(1)
Alterations are permitted, provided it is within the existing physical space of the building or use.
(2)
Residential dwellings may have the building area expanded if the number of dwelling units is not increased above or below the requirements of the zone in which it is located and the addition complies with all zoning requirements.
(3)
The acquisition of additional accessory off-street parking is not an expansion of a nonconforming use.
(d)
Discontinuation. A nonconforming use that is discontinued shall have its legal nonconforming status terminated and any subsequent use of the property or building shall be that of a use that conforms to the requirements of the zone. A nonconforming use is determined to be discontinued if any of the following circumstances apply:
(e)
Damage or Destruction. If a structure containing a nonconforming use experiences substantial destruction, it shall constitute a discontinuation of the nonconforming use, except the nonconforming use may be allowed to continue under any of the following circumstances:
(1)
The structure has suffered substantial destruction as a result of fire or other casualty not intentionally caused by the owner or tenant and a complete building permit application is filed within one (1) year of such fire or other casualty.
(f)
Repair and Maintenance. A building or structure containing a nonconforming use may be repaired and maintained if the work does not restore it from substantial destruction.
(Ord. 4950 § 8 (Exh. A) (part), 2005; Ord. 5301 § 3 (Exh. B) (part), 2016; amended during 6/17 update; Ord. 5513 § 3 (Exh. B), 2025)
§ 20.54.070 NONCONFORMING STRUCTURES.
The following provisions shall apply to all structures and buildings meeting the definition in BMC § 20.54.040(c):
(a)
Continuation. Any legally established nonconforming structure may be continued until such time that it is discontinued as prescribed in subsection (c) of this section.
(b)
Expansion. Buildings may be expanded, provided:
(1)
A nonconforming structure may be enlarged, extended or structurally altered, provided the enlargement or alteration complies with the setback, height, lot coverage, and other site development requirements of the zone in which the structure is located.
(2)
Structures not conforming to the setback may be expanded by up to twenty (20) percent of the gross floor area and to the building line, provided the enlargements do not further violate setback requirements.
(c)
Damage or Destruction. A nonconforming structure experiencing substantial destruction shall be considered discontinued and have its nonconforming status terminated. Any subsequent repair or reconstruction of the structure shall comply with the requirements of the zone, with the following exception:
(1)
The nonconforming structure may be allowed to be rebuilt within the same footprint and size if the structure has suffered substantial destruction as a result of fire or other casualty not intentionally caused by the owner, and a complete building permit application is filed within one (1) year of such fire or other casualty.
(d)
Partial Damage or Destruction. A nonconforming structure suffering from less than substantial destruction may have its nonconforming status suspended for a time period determined by the Director and be considered conforming for the purpose of improvements and repair, if:
(1)
The structure is damaged by fire or other casualty not intentionally caused by the owner or tenant and a complete building permit application is filed within one (1) year of such fire or other casualty; or
(2)
A building permit application is submitted prior to partial destruction. The building permit must remain active and if it is allowed to expire, the legal nonconforming status shall terminate and subsequent repairs and improvements shall comply with the requirements of the zone.
(3)
In no case shall the nonconformity be allowed to expand.
(e)
Repair and Maintenance. Normal repair and maintenance work on a nonconforming structure may be performed that maintains continued safe and sanitary conditions.
(Ord. 4950 § 8 (Exh. A) (part), 2005; Ord. 4971 § 14, 2006; Ord. 5301 § 3 (Exh. B) (part), 2016)
§ 20.54.080 NONCONFORMING LANDSCAPING.
Uses which were lawfully established which do not conform to landscaping requirements need not provide additional landscaping, except:
(a)
Expansion of a Structure. If an existing structure or use is expanded, additional landscaping shall be provided in accordance with the requirements of Chapter 20.50 BMC. The amount of additional landscaping shall be computed only to the extent of the expansion, regardless of whether existing landscaping complies with the requirements.
(Ord. 4950 § 8 (Exh. A) (part), 2005; Ord. 5301 § 3 (Exh. B) (part), 2016; Ord. 5513 § 3 (Exh. B), 2025)
§ 20.54.100 NONCONFORMING SIGNS.
Refer to Chapter 20.52 BMC for regulations pertaining to nonconforming signs.
(Ord. 4950 § 8 (Exh. A) (part), 2005; Ord. 5301 § 3 (Exh. B) (part), 2016)
§ 20.54.110 UNLAWFUL USES, STRUCTURES, AND LOTS.
(a)
Nothing in this chapter shall be interpreted to be authorization for, or approval of, the continuation of the use of a structure that is in violation of any ordinance in effect at the time of the passage of the ordinance codified in this chapter. The intermittent, temporary, or illegal use of land or structures shall not be sufficient to establish the existence of a nonconforming use, structure, and/or lot.
(b)
Any use, structure or lot which did not comply with the zoning code requirements at the time it was established or constructed and does not comply with the current zoning code is illegal and shall be brought into compliance with the provisions of BMC Title 20, Division III.
(Ord. 4950 § 8 (Exh. A) (part), 2005; Ord. 5301 § 3 (Exh. B) (part), 2016)
§ 20.54.120 NEW HOUSING IN NONCONFORMING BUILDINGS.
The following provisions are intended to comply with State of Washington requirements, per RCW 35.21.990, to allow additional housing units within existing buildings. For the purpose of this section, "existing building" means a building that received a certificate of occupancy at least three (3) years prior to the permit application to add housing units. Nothing in this section requires a city to approve a building permit application in cases in which the building cannot satisfy life safety standards. Consistent with RCW 35.21.990, the following shall apply:
(a)
Nonconformities. Development shall comply with all City regulatory criteria, except as otherwise exempt from building code requirements per RCW 35.21.990(g), existing nonconformities per RCW 35.21.990(h), and transportation concurrency studies per RCW 35.21.990(i).
(b)
Density. When constructed entirely within an existing building envelope, in a building located within a zone that permits multifamily housing, a fifty (50) percent density increase is permitted above that designated in the underlying zone. To ensure community health and safety, densities per this subsection (b) do not apply in any of the following instances:
(1)
When building code standards, fire code standards, or other life safety standards cannot be met;
(2)
When a building is located on portions of a lot, parcel, or tract designated with critical areas under RCW 36.70A.170, or their buffers as required by RCW 36.70A.170, or within the shoreline jurisdiction.
(c)
Ground-Floor Commercial. In zones requiring mixed uses, housing units shall not occupy the ground-floor area, except as otherwise permitted by the underlying zone.
(Ord. 5513 § 3 (Exh. B), 2025)
§ 20.58.010 GENERAL.
(a)
Applicability. This chapter contains the provisions and approval criteria for land use permits applicable to BMC Title 20. The provisions of this chapter are applied in conjunction with Chapter 20.02 BMC, Project Permits, in establishing the appropriate review procedures and criteria by which land use permits are reviewed and a decision rendered.
(Ord. 4950 § 8 (Exh. A) (part), 2005; Ord. 5301 § 3 (Exh. B) (part), 2016)
§ 20.58.020 CONDITIONAL USE PERMITS.
(a)
Authority. Uses listed as a conditional use may be permitted if a conditional use permit (CUP) is approved.
(b)
Applicant. The City, federal, state or local agencies, property owner(s), or their designated agents may initiate a request for a CUP.
(c)
Procedure. A CUP application is processed as an administrative Type II Director decision pursuant to the provisions set forth in Chapter 20.02 BMC. In addition to the notification requirements prescribed in BMC § 20.02.100, the notice of application shall be mailed to all property owners within three hundred (300) feet of the property.
(d)
Criteria for Approval. The City shall approve a CUP only if it is found that:
(1)
The use is consistent with the Comprehensive Plan goals and policies;
(2)
The use complies with all applicable zoning and development standards and requirements;
(3)
The use satisfies all of the conditional use approval criteria specified in the zone in which the use is located;
(4)
The design of the proposal and conditions of approval has mitigated all identifiable adverse impacts;
(5)
The use is compatible with nearby land uses and the surrounding neighborhood in terms of the level of light and glare, noise and parking demand, hours of operation and air quality; and
(6)
Stipulations are made for the availability of adequate water, sewer, stormwater, utilities and urban governmental services.
(e)
Conditions of Approval. Conditions such as site orientation, fencing, buffering, parking location, lighting, access, hours of operation, and others may be imposed as a condition of approval if it is found they are necessary to mitigate identifiable adverse impacts and ensure compatibility with nearby uses.
(f)
Lapse of Approval. If the CUP is not acted on within one (1) year from the date the decision became final, it shall expire. Expiration is automatic and notice is not required. The Director may grant a single six (6) month extension if the applicant makes such a request in writing prior to the expiration date and can show good cause for granting the extension.
(Ord. 4950 § 8 (Exh. A) (part), 2005; Ord. 5301 § 3 (Exh. B) (part), 2016; Ord. 5506 § 12, 2024)
§ 20.58.030 VARIANCE.
(a)
Authority. The variance is a mechanism that allows the provisions of BMC Title 20 to be varied on a case-by-case basis. Approval of a variance may only be granted when it is for relief from a dimensional standard when the requirement of such would result in an unusual or unreasonable hardship due to physical characteristics of the site, or due to existing improvements on or adjacent to the site.
(b)
Applicant. The City, federal, state or local agencies, property owner(s), or their designated agents may initiate a request for a variance.
(c)
Procedures. A variance application is processed as a Type II conditional use permit decision pursuant to the provisions set forth in Chapter 20.02 BMC. If the variation would not exceed ten (10) percent of the required dimensional standard from which relief is being sought, the Director may approve the variance as a Type II Director decision.
(d)
Criteria for Approval. The City may grant a variance only if it is found that:
(1)
The variance will not be materially detrimental to the surrounding neighborhood and avoids adverse impacts on other properties and residences;
(2)
The variance is necessary to overcome exceptional or extraordinary hardship circumstances related to the size, shape, topography, location, or surroundings of the subject property, or the location of a preexisting legal nonconformity that may exist on or adjacent to the site;
(3)
The variance will not grant relief for a self-created hardship, or for a personal or financial hardship or inconvenience;
(4)
The variance will only grant the subject property the same general rights enjoyed by other properties in the same area and zoned as the subject property;
(5)
The variance is the minimum necessary to allow the subject property the same general rights enjoyed by other property in the same area and zone; and
(6)
Other solutions, uses, or design options that might achieve a similar result without the need for a variance have been evaluated and rejected.
(e)
Prohibited. Under no circumstances shall a variance be granted for any of the following:
(f)
Conditions of Approval. Conditions may be imposed as a condition of approval if it is found they are necessary to mitigate identifiable adverse impacts and ensure compatibility with nearby uses.
(g)
Lapse of Approval. If the variance is not acted on within one (1) year from the date the decision became final, it shall expire. Expiration is automatic and notice is not required. The Director may grant a single six (6) month extension if the applicant makes such a request in writing prior to the expiration of the variance and can show good cause for granting the extension.
(Ord. 4950 § 8 (Exh. A) (part), 2005; Ord. 5301 § 3 (Exh. B) (part), 2016; Ord. 5506 § 13, 2024)
§ 20.58.040 SITE-SPECIFIC REZONE.
(a)
Authority. A site-specific rezone is a change to the zoning classification of a specific property or properties. The new zone must be consistent with the Comprehensive Plan and results in a change to the City's official zoning map.
(b)
Procedures. A site-specific rezone application is processed as a Type IV City Council decision pursuant to the provisions set forth in Chapter 20.02 BMC. The City Council shall act on the proposal after the Administrative Hearing Examiner holds an open-record public hearing and makes a recommendation to the City Council.
(c)
Applicant. The City, federal, state or local agencies, property owner(s), or their designated agents may initiate a request for a site-specific rezone.
(d)
Criteria for Approval. The City may grant a site-specific rezone only if it is found that:
(Ord. 4950 § 8 (Exh. A) (part), 2005; Ord. 5301 § 3 (Exh. B) (part), 2016)
§ 20.58.050 AREA-WIDE REZONES.
(a)
Authority. An area-wide rezone is a change to zoning classifications that is not site-specific. New zoning designations must be consistent with the Comprehensive Plan and approval changes the City's official zoning map.
(b)
Applicant. Only the City may initiate an area-wide rezone.
(c)
Procedures. These are legislative actions exempt from the requirements of Chapter 20.02 BMC. Specific procedural requirements are prescribed in Chapter 36.70A RCW. The Planning Commission conducts public hearings for area-wide rezones and makes a recommendation to the City Council. The City Council, following its own public hearing(s), may approve, approve with modifications, deny or remand the Planning Commission's recommendation for additional study.
(d)
Notice. Published notice shall be given prior to public hearing dates in the official newspaper in accordance with the following schedule:
(1)
Ten (10) calendar days for the first Planning Commission public hearing; and
(2)
Five (5) calendar days for the first City Council public hearing;
(3)
Subsequent hearing dates on the same proposal do not require additional publication of notice;
(4)
Consideration shall be given to WAC 365-195-600 (Public Participation) in determining if additional notice requirements are necessary.
(Ord. 4950 § 8 (Exh. A) (part), 2005; Ord. 5301 § 3 (Exh. B) (part), 2016)
§ 20.58.060 RESIDENTIAL CLUSTER DEVELOPMENT.
(a)
Intent. The intent of the residential cluster development (RCD) is to accommodate urban densities of the underlying zoning district while allowing residential development to utilize less land area. These provisions aim to allow greater flexibility in the design of subdivisions to ensure development is in harmony with the natural characteristics on site and to preserve features such as critical areas, open space, recreation areas, or scenic vistas.
(b)
Applicability. An RCD may be applied to all subdivisions as permitted in Chapter 20.12 BMC, Land Division.
(c)
(d)
Development Standards. Modification may be allowed to the underlying zone for which an RCD applies as follows:
(1)
Density. The minimum and maximum density of the underlying zone shall apply; however, unbuildable critical areas as defined in Chapter 20.14 BMC may be included in the area for calculating density; however, land used for right-of-way may not.
(2)
Setbacks.
(i)
For the purposes of this section perimeter setbacks shall be defined as the exterior boundary of the entire property to be subdivided. Structures and parking areas shall be set back a minimum of ten (10) feet from all perimeter property lines.
(ii)
All other setbacks may be modified to encourage innovative site design.
(3)
Lot Width. Deviations are permitted.
(4)
Development Coverage. The development coverage is limited to fifty (50) percent of the total site area including open space.
(5)
Parking. All deviations from the standard parking requirements shall be accompanied by a detailed analysis showing how alternative parking will provide better site design and will provide clear benefits to the residents. Deviations are permitted as follows:
(6)
Housing Type. Attached and detached single-family homes and townhomes are allowed as primary residential structures. Accessory dwelling units are permitted pursuant to BMC § 20.46.010.
(7)
Open Space Designation and Preservation.
(i)
Each RCD shall provide not less than fifteen (15) percent of the gross site area for common open space which shall be primarily concentrated in large areas. When these areas are designated as critical areas they should be designed to provide connectivity for habitat functions;
(ii)
Open space areas shall be located on separate tract(s), and shall be developed for passive or active recreational uses or set aside to preserve critical areas as defined in the critical area regulations in Chapter 20.14 BMC;
(iii)
Parking areas, rights-of-way, driveways, and yards within individual lots shall not be included in common open space;
(iv)
Facilities and other improvements that enhance recreational use(s) may be located in an open space area (provided they are not prohibited by other sections of the BMC). Such facilities can include, but are not limited to, fields, picnic areas, playgrounds, and athletic courts;
(v)
Open space areas shall be restricted in perpetuity from further subdivision and/or land development. This restriction shall be noted on the face of the plat;
(vi)
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. Open space requirements established in the critical areas regulations (Chapter 20.14 BMC) shall be met for all designated critical areas. All open space areas excluding critical areas shall comply with the following:
(A)
Identify all proposed improvements such as public facilities, proposed vegetation, and existing vegetation to remain; and
(B)
The plan must comply with the requirements of the landscaping chapter, found in Chapter 20.50 BMC; and
(C)
The plan shall outline maintenance responsibilities in a format acceptable to the Director; and
(D)
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 designation and retention of open space, and provisions for permanent maintenance of the open space and/or commonly owned facilities.
(e)
Criteria for Approval. The decision-making authority may grant an RCD only if it is found that:
(Ord. 4950 § 8 (Exh. A) (part), 2005; Ord. 5063 § 3, 2008; Ord. 4977 § 8, 2006; Ord. 5301 § 3 (Exh. B) (part), 2016; Ord. 5506 § 14, 2024; Ord. 5513 § 3 (Exh. B), 2025)
§ 20.58.080 SITE PLAN REVIEW.
(a)
Authority. Site plan review is an evaluation of development plans to identify environmental impacts and overall compliance with applicable development regulations including zoning and engineering standards. It is a preliminary review and does not constitute approval to develop the site.
(b)
Applicability. Site plan review is required for all new development, expansion of existing structures, or other exterior site improvements that will change the physical conditions of a site. Permits for interior alterations (construction activities that do not modify the existing site layout or its current use, and involve no exterior work adding to the building footprint) that do not result in additional sleeping quarters or bedrooms, do not increase the total square footage or valuation of the structure thereby requiring upgrading fire access or fire suppression systems, and do not result in a nonconformity with Federal Emergency Management Agency substantial improvement thresholds, are exempt from site plan review.
(c)
Applicant. The City, federal, state or local agencies, property owner(s), or their designated agents may initiate a request for site plan review.
(d)
Procedures. A request for a site plan review is processed as a Type I or Type II Director's decision pursuant to Chapter 20.02 BMC. Site plan review may be conducted independently or may be reviewed concurrently with a site development permit set forth in BMC § 20.58.090. When a site development permit is not required, site plan review may be consolidated with the review of a building permit application.
(e)
Application Requirements. An application for a site plan review shall include the following components. The Director may modify these requirements based on the size, scope and complexity of the project.
(1)
Vicinity Map. Showing the subject property in relation to all other properties and major structures within a two hundred fifty (250) foot radius of the property.
(2)
Site Plan. Containing, but not limited to, the following information:
(i)
The location, size, bulk, height, number of stories, and use of all structures and areas on the subject parcel, both existing and proposed.
(ii)
Existing and proposed pedestrian walkways, bikeways, parks, playgrounds, recreational areas, activity centers, landscaped areas, and other areas and facilities of a public or recreational nature.
(iii)
Existing and proposed utility systems, drainage structures, fire hydrants, and other infrastructure improvements.
(iv)
An environmental summary, including such features as shorelines, bulkheads, creeks, culverts, wetlands, steep slopes, unstable soils, rock outcroppings, significant trees, other "sensitive areas," etc.
(v)
All property lines, easements, fences, walls, signs, and other points of reference.
(vi)
Other information, maps or data that is helpful to better understand the nature and scope of the proposal and its impacts on surrounding properties, people, and land uses.
(3)
Parking Plan. A parking plan shall be included showing all of the parking spaces, aisles, handicapped stalls, loading spaces, motorcycle spaces, setbacks and other dimensional information necessary to evaluate the project. This information may be shown on the site plan or may be a provided in a separate plan.
(4)
Landscape Plan. When required, a plan showing the areas of landscaping and street trees shall
be provided. This information may be shown on the site plan or may be provided in a separate plan.
(5)
Stormwater Plan. When required, a storm drainage report and preliminary storm drainage plans shall accompany the application.
(6)
Water and Sewer Availability. A letter summarizing the utility service requirements per BMC Title 15 shall be obtained from the City Public Works Department and submitted with the application.
(7)
Other Reports. When required, studies such as traffic reports, geotechnical reports, wetland reports and other environmental studies shall accompany the application.
(8)
Narrative. A written explanation of the proposal including:
(i)
Calculations of gross residential density, size of the site in square feet, and square footage of structures, parking areas, landscaped and recreational open space areas;
(ii)
Elevations and/or perspective drawings of proposed structures and other major improvements being proposed;
(iii)
The specific nature of any agreements, covenants, or other provisions that govern or affect the proposal; and
(iv)
Signatures, mailing addresses, and phone numbers of all owners of record or agents of the subject property.
(9)
Plans. All plans shall be drawn to scale, legible, in a reproducible black and white format and shall include a north arrow.
(f)
Criteria for Approval. A site plan that complies with all applicable development regulations shall be approved, or approved with conditions.
(Ord. 4950 § 8 (Exh. A) (part), 2005; Ord. 5301 § 3 (Exh. B) (part), 2016; Ord. 5506 § 15, 2024)
§ 20.58.090 SITE DEVELOPMENT PERMIT.
(a)
Authority. A site development permit shall be required prior to constructing, enlarging, or demolishing a building or structure; grading, excavating or filling of earth; or other exterior site improvements that will change the physical conditions of a site. A site development permit constitutes approval for those activities to develop a site, not including buildings.
(b)
Applicability. A site development permit is required for the following activities:
(1)
The construction of five (5) or more residential dwelling units;
(2)
The construction or expansion of a structure or structures of more than four thousand (4,000) square foot gross floor area for a nonresidential use or uses;
(3)
Any filling, grading, excavating, placing or dumping of soil, loam, peat, sand, gravel, rock, and similar materials in excess of one hundred (100) cubic yards;
(4)
Any activity or use located within an environmentally sensitive area as designated in Chapter 20.14 BMC, Critical Areas;
(5)
Any development or redevelopment of a site that requires street frontage improvements pursuant to BMC § 11.12.110;
(7)
Construction of a nonaccessory surface or structural parking lot; or
(8)
Construction of an accessory off-street parking facility of more than twenty (20) automobile spaces.
(c)
Exemptions. The following are exempt from the requirement for a site development permit:
(2)
Development that is undertaken by the Washington State Department of Transportation in state highway rights-of-way and is regulated by Chapter 173-270 WAC, the Puget Sound Highway Runoff Program; or
(3)
Road and utility construction and related activities undertaken by the City's Public Works Department.
(d)
Applicant. The City, federal, state or local agencies, property owner(s), or their designated agents may initiate a request for a site development permit.
(e)
Procedures. A request for a site development permit is processed as a Type I Director's decision pursuant to Chapter 20.02 BMC. The review may be conducted independently or may be reviewed concurrently with a site plan review.
(f)
Application Requirements. An application for a site development permit shall include the following components:
(1)
Vicinity Map. Showing the subject property in relation to all other properties and major structures within a two hundred fifty (250) foot radius of the property.
(2)
Site Plan. Containing the following information:
(i)
The location, size, bulk, height, number of stories, and use of all structures and areas on the subject parcel, both existing and proposed;
(ii)
Existing and proposed pedestrian walkways, bikeways, parks, playgrounds, recreational areas, activity centers, landscaped areas, and other areas and facilities of a public or recreational nature;
(iii)
Existing and proposed utility systems, drainage structures, fire hydrants, and other infrastructure improvements;
(iv)
An environmental summary, including such features as shorelines, bulkheads, creeks, culverts, wetlands, steep slopes, unstable soils, rock outcroppings, significant trees, other "sensitive areas," etc.;
(v)
All property lines, easements, fences, walls, signs, and other points of reference;
(vi)
Other information, maps or data that is helpful to better understand the nature and scope of the proposal and its impacts on surrounding properties, people, and land uses; and
(vii)
Dimensional information or drawn to scale at not less than one (1) inch = fifty (50) feet.
(3)
Parking Plan. Showing all existing and proposed off-street parking spaces. This may be integrated into the base site plan or shown on a separate plan. Parking plans should show all spaces, aisles, handicapped and motorcycle spaces, loading spaces, transit facilities, and parking lot access and internal circulation. It should also show dimensions of all parking areas, spaces, driveways, setbacks, and distances from curb cuts to intersection corners, and similar detail.
(4)
Landscape Plan. Showing details of existing vegetation to be preserved and the general planting pattern as well as the numbers and types of new plants being provided. This may be integrated into the base site plan or provided in a separate plan.
(5)
Elevation and/or Perspective Drawings. Drawings showing proposed structures and other major improvements.
(6)
Civil Engineering Drawings. "Final" plans for street frontage improvements, circulation and street lighting.
(7)
Final Storm Drainage Report. Storm drainage system meeting City engineering standards.
(8)
Erosion and Sediment Control Plan. Erosion control plans prepared pursuant to Chapter 15.04 BMC.
(9)
Phasing. If the project is designed to be permitted and/or constructed in phases, a site plan showing the phases of development and a written schedule of development is required.
(10)
Narrative. A written explanation of the proposal, including:
(i)
Calculations of gross residential density, size of the site in square feet, and square footage of structures, parking areas, landscaped and recreational open space areas;
(ii)
Elevations and/or perspective drawings of proposed structures and other major improvements being proposed;
(iii)
The specific nature of any agreements, covenants, or other provisions that govern or affect the proposal; and
(iv)
Signatures, mailing addresses, and phone numbers of all owners of record or agents of the subject property.
(11)
Other Reports. When required, studies such as traffic reports, geotechnical reports, wetland reports and other environmental studies shall accompany the application.
(12)
Plans. All plans shall be drawn to scale, legible, in a reproducible black and white format and shall include a north arrow.
(g)
Criteria for Approval. A site development permit that complies with all applicable development regulations and requirements for construction shall be approved.
(h)
Time Limits on Approval. Approval of a site development permit shall become void if building permits are not applied for or construction has not begun within one (1) year. The expiration is automatic and notice is not given. Exterior site improvements and the exterior of all structures shall be completed within three (3) years of issuance of the site development permit. If the permit expires, a new site development permit is required that meets the development standards in effect at the time a new permit is applied for.
(i)
Compliance Required. No person shall violate or fail in complying with an approved site development permit or any conditions thereof. Nor shall a building permit be valid for any structure which violates or fails to comply with any approved site development permit for the parcel(s) on which such structure is to be located.
(Ord. 4950 § 8 (Exh. A) (part), 2005; Ord. 5301 § 3 (Exh. B) (part), 2016)
§ 20.58.100 AFFORDABLE HOUSING BONUS.
(a)
Authority. This section provides an optional incentive to develop and manage affordable residential projects, while ensuring reasonable compatibility with neighborhood scale, character, and limiting negative impacts to the neighborhood. In zones with a maximum density, developments meeting the requirements of this section may increase the underlying maximum density by fifty (50) percent.
(c)
Procedure. Approval of an administrative Type II conditional use permit (CUP) pursuant to BMC § 20.58.020 is required.
(d)
Criteria of Approval. In addition to criteria of approval per BMC § 20.58.020(d), the following shall apply:
(2)
The property owner agrees to a binding obligation that requires the development to be used exclusively for affordable housing purposes for a period of no less than fifty (50) years. A notice to title recognizing this obligation shall be approved by the City and recorded with the Kitsap County Auditor;
(3)
This section applies exclusively to single-family, duplex, and multifamily housing proposals and does not include group residential, boarding house, or other similar congregate living facilities;
(4)
The affordable housing development does not discriminate against any person who qualifies as a member of a low-income household based on race, creed, religion, lack of creed or religion, color, national origin, sex, gender identity, gender expression, veteran or military status, sexual orientation, or mental or physical disability; or otherwise act in violation of the Federal Fair Housing Amendments Act of 1988;
(5)
Applicants shall consult with Kitsap Transit to ensure appropriate transit services are provided to the affordable housing development.
(Ord. 5458 § 5, 2022; Ord. 5506 § 16, 2024)
§ 20.60.010 INTENT.
The intent of the low density residential (R-10) zoning district is to accommodate single-family housing, duplexes, townhouses, multifamily and low-intensity compatible uses by infilling at a range of lot sizes consistent with urban growth patterns.
(Ord. 4950 § 8 (Exh. A) (part), 2005; Ord. 5301 § 3 (Exh. B) (part), 2016; Ord. 5364 § 12, 2018; Ord. 5512 § 3 (Exh. B), 2025)
§ 20.60.020 PERMITTED USES.
The following uses are permitted outright:
(a)
Cemetery;
(c)
Community facilities of twenty thousand (20,000) square feet gross floor area or less;
(d)
Day care facility of twelve (12) or fewer persons receiving care;
(e)
Education and schools (K-12) of twelve (12) or fewer students;
(f)
Foster home;
(g)
Group residential home;
(i)
Parks, playgrounds and open space equal or less than one-half (0.5) acre (twenty-one thousand seven hundred eighty (21,780) square feet);
(j)
(k)
Worship and religious facilities of twenty thousand (20,000) square feet gross floor area or less;
(l)
Incubator for business associated with a worship and religious facility or community facility, provided the following conditions are met:
(1)
The incubated business is a use that is permitted outright in the neighborhood business zone, BMC § 20.82.020;
(2)
Landscaping and signage requirements of the neighborhood business zone, Chapter 20.82 BMC, shall be met; and
(3)
The parcel upon which the incubated business is situated shall have frontage on an arterial street.
(Ord. 4977 § 9, 2006; Ord. 4950 § 8 (Exh. A) (part), 2005; Ord. 5301 § 3 (Exh. B) (part), 2016; Ord. 5364 § 13, 2018; Ord. 5458 § 6, 2022; Ord. 5506 § 17, 2024; Ord. 5512 § 3 (Exh. B), 2025)
§ 20.60.030 ACCESSORY USES.
The following accessory uses may be permitted when found in connection with a principal use:
(b)
Detached garage, carport, and parking facilities for the residents of the property;
(d)
Other necessary and customary uses determined by the Director to be appropriate, incidental and subordinate;
(e)
Playhouses, patios, cabanas, porches, gazebos, swimming pools and incidental household storage buildings.
(Ord. 4950 § 8 (Exh. A) (part), 2005; Ord. 5301 § 3 (Exh. B) (part), 2016)
§ 20.60.040 CONDITIONAL USES.
The following uses may be permitted, provided a conditional use permit is approved pursuant to BMC § 20.58.020 subject to the corresponding conditions:
(a)
Bed and breakfast, provided:
(1)
The operators of the business shall occupy the house as their primary residence;
(2)
No more than one (1) full-time equivalent (FTE) employee who is not a resident of the dwelling may be employed;
(3)
No more than six (6) bedrooms are made available for rent to guests and all guest rooms are contained within the principal structure;
(4)
Rooms shall not be made available to guests for more than fourteen (14) days during any thirty (30) day period;
(5)
No commercial receptions, parties, or other public gatherings, or serving of meals to nonresident guests for compensation, are allowed; and
(6)
Any remodeling of the residential structure shall maintain the residential nature of the structure and not alter the structure in such a manner that would prevent it from being used as a residence in the future.
(b)
(c)
Day care facilities (thirteen (13) or more persons receiving care), provided:
(1)
All state licensing requirements are satisfied;
(2)
Landscaping is provided meeting the minimum requirements for nonresidential uses prescribed in Chapter 20.50 BMC. Additional landscaping for screening purposes may be required if it is found necessary to mitigate any impacts to adjoining residential properties; and
(3)
The maximum height of a fence or wall within a front yard setback may be increased up to six (6) feet, provided it enhances safety and security of an outdoor play area.
(d)
Adaptive reuse of commercial buildings, provided the conditions set forth in BMC § 20.46.070 are satisfied.
(e)
Worship, religious, and community facilities greater than twenty thousand (20,000) square feet, provided:
(1)
The site area shall be one (1) acre or more; and
(f)
Golf course, provided:
(g)
Schools, parks and associated uses may be approved in accordance with the following:
(1)
The following uses are permitted through approval of a conditional use permit:
(i)
All public schools and associated gymnasiums and auditoriums;
(ii)
Private schools (K-12) with thirteen (13) or more students;
(iii)
Parks and playgrounds greater than one-half (1/2) acre;
(iv)
Outdoor athletic fields;
(v)
Boat launching and related facilities;
(vi)
Maintenance and service yards;
(vii)
Bus and other vehicle and equipment maintenance and storage facilities;
(viii)
Administrative office related to the facilities greater than two thousand (2,000) square feet gross floor area;
(ix)
Buildings and structures for nonprofit groups on public lands;
(2)
Uses permitted pursuant to subsection (g)(1) of this section shall be subject to complying with the following conditions:
(i)
Front, side and rear yard setbacks of structures and outdoor storage areas shall be at least thirty (30) feet;
(ii)
Setbacks may be reduced for those portions of a structure fronting interior streets;
(iii)
The maximum height for any new construction may be increased to match the architecture of existing buildings; provided, that it is set back an additional foot from any property line for each additional foot of allowed height, and in no case shall the new construction exceed forty-five (45) feet;
(iv)
Landscaping is provided meeting the minimum requirements for nonresidential uses prescribed in Chapter 20.50 BMC. Additional landscaping for screening purposes may be required if it is found necessary to mitigate any impacts to adjoining residential properties;
(v)
Additional measures may be required if deemed necessary to mitigate any noise impacts to adjacent residential uses; and
(vi)
The maximum height of a fence or wall within a front yard setback may be increased to six (6) feet, provided it enhances safety and security around an outdoor play area.
(h)
Public utility facilities located above ground, provided:
(1)
Landscaping is provided meeting the minimum requirements for nonresidential uses prescribed in Chapter 20.50 BMC. Additional landscaping for screening purposes may be required if it is found necessary to mitigate any impacts to adjoining residential properties;
(2)
The maximum height of a fence or wall may be increased within a front yard setback that will provide screening from adjacent uses and enhance safety and security around the facility; and
(3)
Exceptions to setbacks may be allowed if the applicant can demonstrate that the public interest is better served by allowing the modification.
(i)
Law enforcement and fire facilities, provided:
(1)
Landscaping is provided meeting the minimum requirements for nonresidential uses prescribed in Chapter 20.50 BMC. Additional landscaping for screening purposes may be required if it is found necessary to mitigate any impacts to adjoining residential properties.
(2)
The maximum height of a fence or wall may be increased within a front yard setback that will provide screening from adjacent uses and enhance safety and security around the facility.
(Ord. 4950 § 8 (Exh. A) (part), 2005; Ord. 4971 § 15, 2006; Ord. 5111 § 3, 2010; Ord. 4977 § 10, 2006; Ord. 5301 § 3 (Exh. B) (part), 2016; Ord. 5458 § 7, 2022; Ord. 5506 § 18, 2024; Ord. 5513 § 3 (Exh. B), 2025)
§ 20.60.060 DEVELOPMENT STANDARDS.
(a)
Lot Standards. Lot development requirements shall be in accordance with this section and the following standards unless allowed for by law otherwise:
(b)
Zero (0) Lot Line (ZLL) Development. An attached single-family dwelling and/or garage structure may have a single shared side or rear lot line, and a setback reduced to zero (0), provided the structure complies with building code fire separation requirements.
(c)
Accessory Structures. The following standards shall apply but are not limited to: garages, carports, shops, barns, covered patios, cabanas, gazebos, and incidental household storage buildings, excluding accessory dwelling units per BMC § 20.46.010 and structures not requiring a building permit:
(d)
Garages, Storage Buildings and Shops.
(1)
Any garage, storage building or shop structure shall be designed so that the appearance of the building remains that of a single-family residence including the following:
(2)
Any garage, storage building, or shop may be exempt from the accessory structure size requirements provided it is contained within the principal unit.
(e)
Multi-Unit Structure Dwelling. In addition to the standards of this chapter, multi-unit structure dwellings of five (5) or more units shall be in accordance with the following standards:
(Ord. 5008 § 7, 2007; Ord. 4950 § 8 (Exh. A) (part), 2005; Ord. 5301 § 3 (Exh. B) (part), 2016; Ord. 5364 § 14, 2018; Ord. 5458 § 8, 2022; Ord. 5512 § 3 (Exh. B), 2025)
§ 20.60.065 ALLOWABLE DENSITY AND LOT AREA.
The purpose of this section is to establish compatible levels of density within existing neighborhoods. The intent is to allow infill residential development. The following density and lot area standards are applicable to development within the zone:
(a)
Minimum Density. The minimum required density is six (6) dwellings per acre.
(b)
Maximum Density. The maximum allowed density is ten (10) dwellings per acre.
(Ord. 4950 § 8 (Exh. A) (part), 2005; Ord. 4971 § 16, 2006; Ord. 5008 § 8, 2007; Ord. 4972 § 1, 2006; Ord. 5301 § 3 (Exh. B) (part), 2016; Ord. 5404 § 2, 2020; Ord. 5422 § 4, 2021; Ord. 5512 § 3 (Exh. B), 2025)
§ 20.60.080 OFF-STREET PARKING REQUIREMENTS.
Off-street parking shall be provided in accordance with the requirements set forth in Chapter 20.48 BMC.
(Ord. 4950 § 8 (Exh. A) (part), 2005; Ord. 5301 § 3 (Exh. B) (part), 2016)
§ 20.60.090 LANDSCAPING REQUIREMENTS.
Landscaping shall be provided in accordance with the requirements set forth in Chapter 20.50 BMC.
(Ord. 4950 § 8 (Exh. A) (part), 2005; Ord. 5301 § 3 (Exh. B) (part), 2016)
§ 20.60.100 SIGN STANDARDS.
Signs shall meet the standards of Chapter 20.52 BMC and the following:
(a)
One (1) sign with a sign area of up to eight (8) square feet may be allowed to advertise a permitted bed and breakfast, provided it matches the architectural features of the primary residence.
(Ord. 4971 § 17, 2006; Ord. 4950 § 8 (Exh. A) (part), 2005; Ord. 5008 § 9, 2007; Ord. 5301 § 3 (Exh. B) (part), 2016)
§ 20.62.010 INTENT.
The intent of the general commercial (GC) district is to provide locations for high intensity commercial uses serving the entire community while preserving views, forested areas, and buffering impacts to adjacent residential areas. The corridor accommodates access to businesses by automobile while also creating a pedestrian-friendly, transit-supporting corridor.
(Ord. 4950 § 8 (Exh. A) (part), 2005; Ord. 5301 § 3 (Exh. B) (part), 2016)
§ 20.62.020 PERMITTED USES.
The following uses are permitted outright:
(a)
Automobile service and repair;
(c)
Community facility;
(d)
Day care;
(e)
Drinking place;
(f)
Education and school;
(g)
Entertainment use;
(h)
Finance, insurance and real estate;
(i)
Fully enclosed boat storage;
(j)
General office and business service;
(k)
General retail;
(l)
Hospital;
(m)
Hotel and lodging place;
(n)
Medical office and clinic;
(o)
Museum and gallery;
(p)
Park, playground, and open space;
(q)
Personal service;
(r)
Physical fitness and health club;
(s)
Public administration use;
(t)
Residential of all types except group residential facility - Class II;
(u)
Restaurant;
(v)
Senior housing complex;
(w)
Transportation facility;
(x)
Veterinary clinic.
(Ord. 5008 § 10, 2007; Ord. 4950 § 8 (Exh. A) (part), 2005; Ord. 5301 § 3 (Exh. B) (part), 2016; Ord. 5319 § 10, 2017; Ord. 5326 § 7, 2017)
§ 20.62.040 CONDITIONAL USES.
The following uses may be permitted provided a conditional use permit is approved pursuant to BMC § 20.58.020:
(a)
Hardware and materials supply stores including garden supply, provided:
(1)
The structure(s) is less than twenty thousand (20,000) square feet of gross floor area;
(2)
Outdoor storage and product display shall be screened from view by a solid fence or wall;
(3)
No loading areas shall be located in a front yard or side yard abutting or located across from a residentially zoned property; and
(4)
Outside storage is limited to five thousand (5,000) square feet.
(b)
Gas stations and car washes, provided:
(1)
No more than two (2) points of ingress/egress are allowed per street frontage. Ingress/egress points shall be separated in accordance with City engineering requirements.
(c)
Dry storage of marine vessels commonly referred to as dry stacking, provided:
(d)
Light industrial/manufacturing, excluding marijuana production or processing for distribution, provided:
(1)
The applicant can demonstrate that the use will not significantly detract from the visual character of the neighborhood;
(2)
Building Design. All structures shall have the appearance of a multistory building that emulates a commercial office or multifamily structure;
(4)
No odor, dust or smoke byproduct will be detectable off site and the use meets the noise provisions of Chapter 6.32 BMC;
(5)
Light sources, both direct and nondirect, shall be selected and placed so that glare produced by any light source does not extend beyond the property lines, except onto adjacent sidewalks; and
(6)
Mini-storage facilities are allowed provided:
(i)
Site Design. All storage units shall gain access from the interior of the site. Doors for the storage units may not face the public right-of-way with the exception of alleys;
(ii)
Outdoor Storage. Storage of boats, RVs, vehicles, etc., or storage of outdoor pods or shipping containers are considered outdoor storage subject to BMC § 20.62.070(b);
(iii)
Hours of Operation. Mini-storage facilities located adjacent to a residential zone shall not operate or allow tenant access between the hours of 10:00 p.m. and 7:00 a.m.; and
(iv)
Uses. Each storage unit shall be used for storage only. No commercial or manufacturing activities, vehicle repair or services, or related activities, whether for business or personal purposes, are permitted in any storage unit.
(Ord. 4950 § 8 (Exh. A) (part), 2005; Ord. 5301 § 3 (Exh. B) (part), 2016)
§ 20.62.060 DEVELOPMENT STANDARDS.
(a)
Lot development shall be in accordance with the following standards, unless allowed for otherwise by law:
(1)
Maximum front yard setback: ten (10) feet. At least sixty-five (65) percent of the building's front facade must meet the maximum front yard setback. The setback may be increased if the Director finds that such increase is the minimum necessary to facilitate a superior site design. In order to obtain approval for an increased setback, the applicant shall submit a written analysis establishing how the project facilitates superior site design, is the minimum necessary, is consistent with specific goals and policies within the Comprehensive Plan, and is compliant with all applicable sections of the BMC. The following list identifies examples of circumstances where increased setbacks may be found to be appropriate:
(i)
When the site includes more than one (1) street frontage;
(ii)
To accommodate existing topography, utilities, or other physical site constraints that make compliance with the setback infeasible;
(iii)
To accommodate phasing of infill development;
(iv)
On sites that are significantly developed with existing legally established nonconforming uses or structures whereby strict code compliance will not facilitate effective circulation; or
(v)
For projects that in the opinion of the Director provide enhanced public amenities within the setback area which include, but are not limited to, the following: public plazas, increased landscaping, architectural features, improved pedestrian connections.
(2)
Minimum side yard setback: zero (0) except when adjacent to the low or medium density residential zones where a ten (10) to twenty (20) foot visual screen is required pursuant to BMC § 20.50.050(b).
(3)
Minimum rear yard setback: zero (0), except when adjacent to the low or medium density residential zones where a ten (10) to twenty (20) foot visual screen is required pursuant to BMC § 20.50.050(b).
(4)
There is no maximum density for residential use; minimum density is fifteen (15) dwelling units per acre.
(5)
Maximum building coverage: fifty (50) percent unless increased per subsection (b) of this section. In no case shall maximum lot coverage exceed seventy-five (75) percent.
(6)
Maximum development coverage is seventy-five (75) percent unless increased per subsection (b) of this section. In no case shall maximum lot coverage exceed ninety-five (95) percent.
(7)
Maximum height: sixty-five (65) feet, except that structures within one hundred (100) feet of the low or medium density residential zones shall not exceed thirty-five (35) feet in height.
(b)
A development that provides the following may have its maximum development and lot coverage increased by adding bonus percentages to the maximum base area percentage, provided the total does not exceed the maximum allowed above:
(1)
Commercial/residential mixed use development: twenty (20) percent bonus;
(2)
Development containing seventy-five (75) percent of the building footprint with three (3) and four (4) story buildings: ten (10) percent bonus;
(3)
Ten (10) percent bonus if a sidewalk ten (10) feet in width or greater is installed extending to the front of the building and continuing along the entire arterial frontage of the parcel;
(4)
Pedestrian through-corridor that provides pedestrian access to a location approved by the Director: five (5) percent bonus;
(5)
Fifty (50) percent of off-street parking is provided underground or within a building designed for occupancy: twenty (20) percent bonus.
(Ord. 4950 § 8 (Exh. A) (part), 2005; Ord. 5008 § 11, 2007; Ord. 5222 § 6, 2013; Ord. 5046 § 7, 2008; Ord. 5301 § 3 (Exh. B) (part), 2016; Ord. 5364 § 15, 2018; Ord. 5512 § 3 (Exh. B), 2025)
§ 20.62.070 DESIGN STANDARDS.
The following design standards shall be applied to all new structures and redeveloped structures. Residential development of three units or fewer are exempt from this section. When development involves the remodel or expansion of existing structures, the Director may modify these requirements to reasonably fit the scope and scale of the remodel or expansion.
(a)
Primary Design Features. The following criteria 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 emphasized by a different material pattern, more architectural detail, visible plinth above which the wall rises, storefront, canopies, or a combination. The top edge is highlighted by a prominent cornice, projecting parapet or other architectural element that creates a shadow line.
(2)
Orientation. All properties adjacent to a public right-of-way shall orient structures toward the primary street. Properties located at intersections should orient their structures toward the intersecting corner.
(3)
Minimum Transparency. At least 60% of all facades facing the public sidewalk, measured to between two and eight feet in height, shall be comprised of transparent windows or doors. The Director may modify transparency standards for facades facing a private street, accessory structures, and structures granted an increased setback per BMC § 20.62.060(a), when an additional secondary design feature per subsection (b) of this section is incorporated into the design.
(4)
Blank Facades. Building facades shall not present a blank facade to view from public rights-of-way, common parking areas, or residential properties. Such facades may be broken by windows, trellises, columns, variations in plane, or other devices that add variation and interest to the facade.
(5)
Mechanical Equipment Screening. Rooftop and ground-level mechanical equipment shall be screened from view from public streets. Screening materials shall be architecturally compatible to the primary structure.
(6)
Ground Floor. Ground-floor frontage of a structure facing a public right-of-way must conform to either subsection (a)(6)(i) or (a)(6)(ii) of this section, except as provided in subsection (a)(6)(iii) of this section:
(i)
Constructed for Pedestrian-Oriented Uses. At least 50% of the floor area abutting the linear sidewalk level shall be designed and constructed for "pedestrian-oriented" uses.
(ii)
Constructed for Future Pedestrian-Oriented Uses. At least 50% of the floor area abutting the linear sidewalk level shall be constructed to be easily adaptable to a commercial use and may be occupied by any use permitted in BMC §§ 20.62.020 or 20.62.040. The sidewalk level facade must include an entrance or entrances to accommodate a single or multiple tenants or be structurally designed so entrances can be added when converted to the building uses listed in BMC § 20.62.020.
(iii)
Exception. For structures that abut two or more public rights of way and contain topography or other site constraints that would make the placement of the pedestrian-oriented use on the ground floor difficult for the public to utilize, the pedestrian-oriented requirement in subsections (a)(6)(i) and (ii) of this section may be reduced to one street frontage.
(b)
Secondary Design Features. Three secondary design features are required from the following list:
(1)
Multiple Roof Lines. Structures shall have at least three horizontal roof lines, as viewed from the front facade.
(2)
Modulation. The horizontal plane of a structure shall not extend for more than 30 feet, as measured from any one point of the structure, without a significant architectural variation of at least two feet in depth.
(3)
Facade Materials. At least three different facade materials shall be incorporated into the exterior appearance of the structure (wood, brick, stucco, tile, shingles, other).
(4)
Additional Transparency. An additional 15% transparency to what is required per subsection (a)(3) of this section.
(5)
Weather Protection. Recessed or protruding building features, of no less than four feet in depth, which extend along at least 50% of the front facade.
(6)
Main Entry. Pedestrian entrances are preferred 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, artwork, street furniture, plantings in window boxes, public trash receptacles, or other alternative public amenity approved by the Director. Any proposed amenity shall be architecturally compatible with the principal structure. Any approved amenity shall be maintained for the life of the project.
(Ord. 5046 § 8, 2008; Ord. 4950 § 8 (Exh. A) (part), 2005; Ord. 5301 § 3 (Exh. B) (part), 2016; Ord. 5319 § 11, 2017; Ord. 5512 § 3 (Exh. B), 2025; Ord. 5523, 10/15/2025)
§ 20.62.080 PARKING REQUIREMENTS.
On-site parking shall be provided in accordance with Chapter 20.48 BMC, and the following standards shall be met:
(a)
On-site parking shall be to the rear or to the side of buildings on the site and shall not occupy more than fifty (50) percent of the site frontage facing the arterial street frontage(s). The site frontage includes all of the area between the right-of-way and front building wall which applies to the entire length of the property regardless of building width. Corner lots have two (2) site frontages as they are positioned on two (2) street frontages.
(b)
All efforts shall be taken to avoid installing parking on street corners. Parking located between the building frontage and street corners shall be fully screened. Screening shall consist of the following:
(1)
A four (4) foot tall decorative wall within the front yard landscaping area that fully screens the parking areas. The wall shall be located such that it blocks views of the parking from the right-of-way. For long spans of frontage (one hundred (100) feet or more), the wall shall include modular articulation to add architectural variety.
(2)
Shrubs or other alternative materials may be substituted for the wall, provided it is demonstrated that the shrubs/alternative will provide equal to or better visual screening than the wall. Shrubs shall be a minimum of three (3) feet tall at time of installation and shall be additional to the landscaping required in Chapter 20.50 BMC.
(3)
Openings may be required within a wall section in order to provide a sidewalk from the right-of-way to the building entry. The entry shall be the minimum necessary to accommodate a sidewalk that is a minimum of five (5) feet in width, clearly marked, and distinguished from driving surfaces by using decorative paving, stamped/stained concrete, or raised walkways with alternative materials (such as brick, cobblestone, decorative pavers). Paint striping does not meet this requirement.
(c)
Access to parking may be from adjacent nonprincipal arterial streets, or from driveways off of the principal arterial.
(d)
Driveways providing access to parking area shall be well marked.
(Ord. 4950 § 8 (Exh. A) (part), 2005; Ord. 5222 § 7, 2013; Ord. 5301 § 3 (Exh. B) (part), 2016)
§ 20.62.090 LANDSCAPING REQUIREMENTS.
The landscaping requirements set forth in Chapter 20.50 BMC shall be satisfied.
(Ord. 4950 § 8 (Exh. A) (part), 2005; Ord. 5046 § 9, 2008; Ord. 5301 § 3 (Exh. B) (part), 2016)
§ 20.62.100 SIGN STANDARDS.
Signage shall meet the standards of Chapter 20.52 BMC. For freestanding signs, the maximum size and height standards of Figure 20.52(a)[1] shall apply.
(Ord. 4950 § 8 (Exh. A) (part), 2005; Ord. 5301 § 3 (Exh. B) (part), 2016)
[1]
Editor's Note: Figure 20.52(a) is included as an attachment to this title.
§ 20.70.010 INTENT.
The intent of the district center core (DCC) zone is to provide a mixed-use "town center" to support the surrounding neighborhoods and general public. The DCC provides opportunities for a variety of services including commercial and residential development that demonstrates planning and design to create a pedestrian friendly community while still accommodating a certain level of regional auto-dependent uses.
(Ord. 4950 § 8 (Exh. A) (part), 2005; Ord. 5301 § 3 (Exh. B) (part), 2016)
§ 20.70.020 OUTRIGHT PERMITTED USES.
The following uses are permitted outright:
(a)
Bed and breakfast;
(c)
Community facility;
(d)
Day care facility;
(e)
Drinking place;
(f)
Entertainment use;
(g)
Finance, insurance and real estate;
(h)
General office and business services;
(i)
General retail;
(j)
Group residential facilities - Class I;
(k)
Hotel and lodging place;
(l)
Hospital, medical office and clinic;
(m)
Motion picture theater;
(n)
Museum and gallery;
(o)
Nursing/convalescent home;
(p)
Park, playground and open space;
(q)
Personal services business;
(r)
Physical fitness and health club;
(s)
Public or private park, playground or open space;
(t)
Public administration;
(u)
Residential of all types except group residential facility - Class II;
(v)
Restaurant;
(w)
School and education;
(x)
Senior housing complex;
(y)
Transportation facility;
(z)
Veterinary clinic.
(Ord. 5008 § 15, 2007; Ord. 4950 § 8 (Exh. A) (part), 2005; Ord. 5251 § 5, 2014; Ord. 5301 § 3 (Exh. B) (part), 2016)
§ 20.70.040 CONDITIONAL USES.
The following conditional uses may be permitted in the Charleston district center, provided a conditional use permit is approved pursuant to BMC § 20.58.020 subject to the corresponding conditions:
(a)
Mobile vending unit, provided:
(1) A "mobile vending unit"
is defined as any motorized or nonmotorized vehicle, trailer, or other device located on private property, designed to be portable and not permanently attached to the ground, from which food or other retail items are vended, served, or offered for sale.
(2)
No smoke, obnoxious odors, dust, light or glare, vibration, noise exceeding levels permissible per Chapter 6.32 BMC, or other environmental impacts or pollution shall be detectable off site.
(3)
Weekdays between the hours of 10:00 p.m. and 7:00 a.m. all equipment, merchandise, food trucks, and other materials associated with the use shall be removed from the site. Alternative proposals for leaving mobile vending units overnight may be considered by the Director only in cases where mobile vending units are completely self-contained, secured, and do not require disassembly for transport to another location.
(4)
Mobile vending units are responsible for the proper disposal of waste and trash associated with the operation. At a minimum, mobile vending units shall remove all generated waste and trash from their approved location at the end of each day, or as needed to maintain public health and safety. No liquid waste or grease is to be disposed of in tree pits, storm drains, sanitary sewers, onto the sidewalks, streets or other public or private space. A written waste management plan indicating plans for waste handling, sanitation, litter collection/prevention, recycling, and daily cleanup procedures shall be submitted with the use permit application.
(5)
Minimum number of parking stalls per BMC § 20.48.080(l) shall be waived. Any parking provided on site shall conform to Chapter 20.48 BMC, except that mobile vending units may request alternate site design proposals if accepted by the City.
(7)
Conditions of Approval. Conditions such as site orientation, fencing, buffering, parking location, lighting, access, hours of operation, and others may be imposed as a condition of approval if it is found they are necessary to mitigate identifiable adverse impacts and ensure compatibility with nearby uses.
(8)
Application Requirements. An application shall include all components listed per BMC § 20.58.080(e). The Director may modify these requirements based on the size, scope and complexity of the project.
(b)
Light industrial uses, provided:
(1)
Conditional use eligibility is limited to existing properties fronting Cambrian Avenue, Mead Avenue, and Wycoff Avenue; any property south of 6th Street shall not be eligible.
(2)
No smoke, dust, light or glare, vibration, noise exceeding levels permissible per Chapter 6.32 BMC, or other environmental impacts or pollution shall be detectable off site.
(3)
Indoor storage shall only be permitted as an accessory use utilized solely by the permitted on-site use. No commercial storage shall be permitted.
(4)
Outdoor storage is prohibited.
(5)
Marijuana production and/or processing is prohibited.
(6)
Light industrial uses, which include residential uses as an accessory use, shall be excluded from mixed-use requirements per BMC § 20.70.060(h).
(Ord. 5435 § 2, 2021)
§ 20.70.060 DEVELOPMENT STANDARDS.
Lot development shall be in accordance with the following unless allowed for otherwise by law:
(a)
Maximum front yard setback: ten (10) feet. At least sixty-five (65) percent of a building's front facade shall meet the maximum front yard setback. The setback may be increased if the Director finds that such increase is the minimum necessary to facilitate a superior site design. In order to obtain approval for an increased setback, the applicant shall submit a written analysis establishing how the project facilitates superior site design, is the minimum necessary, is consistent with specific goals and policies within the Comprehensive Plan, and is compliant with all applicable sections of the BMC. The following list identifies examples of circumstances where increased setbacks may be found to be appropriate:
(1)
When the site includes more than one (1) street frontage;
(2)
To accommodate existing topography, utilities, or other physical site constraints that make compliance with the setback infeasible;
(3)
To accommodate phasing of infill development;
(4)
On sites that are significantly developed with existing legally established nonconforming uses or structures whereby strict code compliance will not facilitate effective circulation; or
(5)
For projects that in the opinion of the Director provide enhanced public amenities within the setback area which include, but are not limited to, the following: public plazas, increased landscaping, architectural features, improved pedestrian connections.
(b)
Side yard setback: zero (0) except when adjacent to the low or medium density residential zones where a ten (10) to twenty (20) foot visual screen is required pursuant to BMC § 20.50.050(b).
(c)
Rear yard setback: zero (0) except when adjacent to the low or medium density residential zones where a ten (10) to twenty (20) foot visual screen is required pursuant to BMC § 20.50.050(b).
(d)
There is no maximum density for residential use; minimum density is thirty (30) dwelling units per acre.
(e)
Maximum building coverage: sixty (60) percent base maximum; provided, that through the use of any combination of the following, building coverage may be increased up to eighty-five (85) percent maximum:
(1)
Projects containing mixed uses: ten (10) percent bonus.
(2)
Projects with a three (3) or four (4) story building: ten (10) percent bonus; projects with five (5) or more story building: fifteen (15) percent bonus.
(3)
Projects providing a pedestrian-oriented plaza or area of at least one hundred fifty (150) square feet along a pedestrian walkway at an intersection corner, bus stop or other key pedestrian area approved by the City. Such areas shall contain seating for at least four (4) people, a trash receptacle and three (3) or more of the following: a pedestrian shelter, a drinking fountain, a bike rack, pedestrian-scale lights, pavers on the walkway surfaces, a kiosk, a street vendor station providing food or beverages, trees, an appropriately sized statue or sculpture, or a public restroom. Interior courtyards with these amenities qualify if they would be readily apparent and accessible to pedestrians on adjoining sidewalks: twenty (20) percent bonus.
(4)
Projects providing a through-block corridor that facilitates pedestrian access in a location approved by the City: five (5) percent bonus.
(5)
Projects providing at least fifty (50) percent of their required parking underground or within the building: twenty (20) percent bonus.
(f)
Maximum development coverage: maximum development coverage by impervious surfaces, seventy-five (75) percent; provided, that through the use of any combination of the mechanisms listed in subsections (e)(1) through (e)(5) of this section, up to ninety-five (95) percent maximum development coverage may be allowed.
(g)
Maximum building height: eighty (80) feet except:
(1)
Structures within fifty (50) linear feet of parcels zoned for low density residential shall not exceed four (4) stories in height; and
(2)
Structures within fifty (50) and one hundred (100) linear feet of parcels zoned for low density residential shall include architectural features to gradually transition the building height from four (4) stories to a maximum height of eighty (80) feet at the one hundred (100) foot distance from the low density residential zoned parcel.
(h)
Mixed-Use Requirement. All structures that include residential uses located adjacent to, are oriented towards, or are viewable from a public right-of-way (not required on private streets) shall provide retail/commercial uses along a minimum of fifty (50) percent of the ground-floor building facade. Exceptions to this requirement will be made for projects that comply with BMC § 20.70.070(a)(6).
(Ord. 4950 § 8 (Exh. A) (part), 2005; Ord. 5008 § 16, 2007; Ord. 5046 § 15, 2008; Ord. 5222 § 14, 2013; Ord. 5251 § 6, 2014; Ord. 5351 § 3, 2018; Ord. 5301 § 3 (Exh. B) (part), 2016; Ord. 5364 § 7, 2018; Ord. 5512 § 3 (Exh. B), 2025; Ord. 5513 § 3 (Exh. B), 2025)
§ 20.70.070 DESIGN STANDARDS.
The following design standards shall be applied to all new structures and redeveloped structures. Residential development of three units or fewer is exempt from this section. When development involves the remodel or expansion of existing structures, the Director may modify these requirements to reasonably fit the scope and scale of the remodel or expansion.
(a)
Primary Design Features. The following criteria 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 emphasized by a different material pattern, more architectural detail, visible plinth above which the wall rises, storefront, canopies, or a combination. The top edge is highlighted by a prominent cornice, projecting parapet or other architectural element that creates a shadow line.
(2)
Orientation. All properties adjacent to a public right-of-way shall orient structures toward the primary street. Properties located at intersections should orient their structures toward the intersecting corner.
(3)
Minimum Transparency. At least 60% of all facades facing the public sidewalk, measured to between two and eight feet in height, shall be comprised of transparent windows or doors. The Director may modify transparency standards for facades facing a private street, accessory structures, and structures granted an increased setback per BMC § 20.70.060(a), when an additional secondary design feature per BMC § 20.70.070(b) is incorporated into the design.
(4)
Blank Facades. Building facades shall not present a blank facade to view from public rights-of-way, common parking areas, or residential properties. Such facades may be broken by windows, trellises, columns, variations in plane, or other devices that add variation and interest to the facade.
(5)
Mechanical Equipment Screening. Rooftop and ground-level mechanical equipment shall be screened from view from public streets. Screening materials shall be architecturally compatible to the primary structure.
(6)
Ground-Floor. Ground-floor frontage of a structure facing a public right-of-way must conform to either subsection (a)(6)(i) or (ii) of this section, except as provided in subsection (a)(6)(iii) of this section:
(i)
Constructed for Pedestrian-Oriented Uses. At least 50% of the floor area abutting the linear sidewalk level shall be designed and constructed for "pedestrian-oriented" uses.
(ii)
Constructed for Future Pedestrian-Oriented Uses. At least 50% of the floor area abutting the linear sidewalk level shall be designed and constructed to be easily adaptable to a commercial use and may be occupied by any use permitted in BMC §§ 20.70.020 or 20.70.040. The sidewalk level facade must include an entrance or entrances to accommodate a single or multiple tenants or be structurally designed so entrances can be added when converted to the building uses listed in BMC § 20.70.020.
(iii)
Exception. For structures that abut two (2) or more public rights-of-way and contain topography or other site constraints that would make the placement of the pedestrian-oriented use on the ground floor difficult for the public to utilize, the pedestrian-oriented requirement in subsections (a)(6)(i) and (ii) of this section may be reduced to one street frontage.
(b)
Secondary Design Features. Four secondary design features are required from the following list:
(1)
Multiple Roof Lines. Structures shall have at least three horizontal roof lines, as viewed from the front facade.
(2)
Modulation. The horizontal plane of a structure shall not extend for more than 30 feet, as measured from any one point of the structure, without a significant architectural variation of at least two feet in depth.
(3)
Facade Materials. At least three different facade materials shall be incorporated into the exterior appearance of the structure (wood, brick, stucco, tile, shingles, other).
(4)
Additional Transparency. An additional 15% transparency to what is required per subsection (a)(3) of this section.
(5)
Weather Protection. Recessed or protruding building features, of no less than four feet in depth, which extend along at least 50% of the front facade.
(6)
Main Entry. Pedestrian entrances are preferred 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, artwork, street furniture, plantings in window boxes, public trash receptacles, or other alternative public amenity approved by the Director. Any proposed amenity shall be architecturally compatible with the principal structure. Any approved amenity shall be maintained for the life of the project.
(Ord. 4950 § 8 (Exh. A) (part), 2005; Ord. 5222 § 15, 2013; Ord. 5046 § 16, 2008; Ord. 5301 § 3 (Exh. B) (part), 2016; Ord. 5319 § 12, 2017; Ord. 5351 § 4, 2018; Ord. 5523, 10/15/2025)
§ 20.70.080 PARKING REQUIREMENTS.
Parking shall meet the standards of Chapter 20.48 BMC and the following requirements:
(a)
On-site parking shall be to the rear or side of buildings and shall not occupy more than fifty (50) percent of the site frontage facing the arterial street(s). The site frontage includes the area between the right-of-way and front building wall which applies to the entire length of the property regardless of building width. Corner lots have two (2) site frontages as they are positioned on two (2) street frontages.
(b)
All efforts shall be taken to avoid placing parking on street corners. Parking located between the building frontage and street corners shall be fully screened as follows:
(1)
A four (4) foot tall decorative wall within the front yard landscaping area that fully screens the parking areas. The wall shall be located such that it blocks views of the parking from the right-of-way. For long spans of frontage (one hundred (100) feet or more), the wall shall include modular articulation to add architectural variety.
(i)
Alternate architectural features or shrubs may be substituted for the wall, provided it is demonstrated that the shrubs/alternative will provide equal to or better visual screening than the wall. Shrubs shall be a minimum of three (3) feet tall at time of installation and shall be additional to the landscaping required in Chapter 20.50 BMC.
(ii)
Openings and architectural features may be required within a wall section in order to tie the wall feature into the architecture of the building and to provide pedestrian access. The entry shall be the minimum necessary to accommodate a sidewalk that is a minimum of five (5) feet in width, clearly marked, and distinguished from driving surfaces by using decorative paving, stamped/stained concrete, or raised walkways with alternative materials (such as brick, cobblestone, decorative pavers). Paint striping does not meet this requirement.
(c)
Access to parking shall be provided per the following priority:
(d)
Driveways providing access to parking shall be well marked.
(Ord. 5222 § 16, 2013; Ord. 4950 § 8 (Exh. A) (part), 2005; Ord. 5301 § 3 (Exh. B) (part), 2016; Ord. 5435 § 3, 2021; Ord. 5513 § 3 (Exh. B), 2025)
§ 20.70.090 LANDSCAPING REQUIREMENTS.
Landscaping shall meet the standards of Chapter 20.50 BMC and the following standards shall be met:
(a)
All development proposed on properties abutting Almira Drive NE shall provide a Type II visual screen as established in BMC § 20.50.050(b).
(Ord. 4950 § 8 (Exh. A) (part), 2005; Ord. 5251 § 7, 2014; Ord. 5301 § 3 (Exh. B) (part), 2016)
§ 20.70.100 SIGN STANDARDS.
Signs shall meet the standards of Chapter 20.52 BMC. For freestanding signs, the maximum size and height standards of Figure 20.52(a)[1] shall apply.
(Ord. 4950 § 8 (Exh. A) (part), 2005; Ord. 5301 § 3 (Exh. B) (part), 2016)
[1]
Editor's Note: Figure 20.52(a) is included as an attachment to this title.
§ 20.75.010 INTENT.
The intent of this zone is detailed in the adopted Downtown Regional Center Subarea Plan. This chapter supplements the adopted plan.
(Ord. 5046 § 19 (part), 2008; Ord. 5301 § 3 (Exh. B) (part), 2016)
§ 20.75.020 OUTRIGHT PERMITTED USES.
The following uses are permitted outright:
(a)
Community facility;
(b)
Drinking place;
(c)
Education and school;
(d)
Entertainment use;
(e)
Finance, insurance and real estate;
(f)
General retail;
(g)
General office and business service;
(h)
Hotel and lodging place;
(i)
Hospital, medical office and clinic;
(j)
Motion picture theater;
(k)
Museum and gallery;
(l)
Parks, playgrounds and open space;
(m)
Parking structure;
(n)
Personal service business;
(o)
Public administration;
(p)
Restaurant;
(q)
Residential uses of all types;
(r)
Transportation facility;
(s)
Veterinary clinic;
(t)
Worship and religious facilities;
(u)
Mini-storage, as an accessory use, provided access is not located on the ground floor where the pedestrians oriented access is to the primary use, and the design standards emulate an office-type or multifamily structure from the view of the public street.
(Ord. 5046 § 19 (part), 2008; Ord. 5301 § 3 (Exh. B) (part), 2016)
§ 20.75.050 PROHIBITED USES.
The following uses are specifically prohibited:
(a)
Light and heavy industrial/manufacturing uses;
(b)
Drive-through facility;
(c)
Automobile sales, service, repair or car wash;
(d)
Adult entertainment;
(e)
Work release facility;
(f)
Commercial surface parking lot not serving a permitted use.
(Ord. 5046 § 19 (part), 2008; Ord. 5301 § 3 (Exh. B) (part), 2016)
§ 20.75.080 PARKING REQUIREMENTS.
In addition to the off-street parking requirements set forth in Chapter 20.48 BMC, the automobile off-street parking spaces shall be provided in accordance with the Downtown Subarea Plan.
(Ord. 5046 § 19 (part), 2008; Ord. 5301 § 3 (Exh. B) (part), 2016)
§ 20.75.090 LANDSCAPING.
Landscaping shall meet the standards of Chapter 20.50 BMC.
(Ord. 5046 § 19 (part), 2008; Ord. 5301 § 3 (Exh. B) (part), 2016)
§ 20.75.100 SIGN STANDARDS.
Signage shall meet the standards of Chapter 20.52 BMC. For freestanding signs the maximum size and height standards of Figure 20.52(a)[1] shall apply.
(Ord. 5046 § 19 (part), 2008; Ord. 5301 § 3 (Exh. B) (part), 2016)
[1]
Editor's Note: Figure 20.52(a) is included as an attachment to this title.
§ 20.76.010 INTENT.
The intent of this zone is detailed in the adopted Downtown Regional Center Subarea Plan. This chapter supplements the adopted plan.
(Ord. 5046 § 20 (part), 2008; Ord. 5301 § 3 (Exh. B) (part), 2016)
§ 20.76.020 OUTRIGHT PERMITTED USES.
The following uses are permitted outright:
(a)
Drinking places;
(b)
General office and business services comprising no more than twenty-five (25) percent of the total gross floor area of a mixed-use development;
(c)
General retail, including marine retail;
(d)
Hospitals;
(e)
Hotels and lodging places;
(f)
Medical offices and clinics;
(g)
Parks, playgrounds and open spaces;
(h)
Residential uses of all types;
(i)
Restaurants;
(j)
Structured parking with other permitted uses;
(k)
Transportation facilities;
(l)
Veterinary clinics.
(Ord. 5046 § 20 (part), 2008; Ord. 5301 § 3 (Exh. B) (part), 2016)
§ 20.76.050 PROHIBITED USES.
The following uses are specifically prohibited:
(a)
Adult entertainment;
(b)
Automobile sales, service, repair and car wash;
(c)
Commercial surface parking lots not serving a permitted use;
(d)
Drive-through facilities and drive-through lanes;
(e)
Light and heavy industrial/manufacturing uses;
(f)
Stand-alone commercial parking not serving a permitted use;
(g)
Storage of equipment and materials;
(h)
Work release facilities.
(Ord. 5046 § 20 (part), 2008; Ord. 5301 § 3 (Exh. B) (part), 2016)
§ 20.76.080 PARKING REQUIREMENTS.
In addition to the off-street parking requirements set forth in Chapter 20.48 BMC, the automobile off-street parking spaces shall be provided in accordance to the Downtown Subarea Plan.
(Ord. 5046 § 20 (part), 2008; Ord. 5301 § 3 (Exh. B) (part), 2016)
§ 20.76.090 LANDSCAPING REQUIREMENTS.
Landscaping shall meet the standards in Chapter 20.50 BMC.
(Ord. 5046 § 20 (part), 2008; Ord. 5301 § 3 (Exh. B) (part), 2016)
§ 20.76.100 SIGN STANDARDS.
Signage shall meet the standards of Chapter 20.52 BMC. For freestanding signs, the maximum size and height standards of Figure 20.52(a)[1] shall apply.
(Ord. 5046 § 20 (part), 2008; Ord. 5301 § 3 (Exh. B) (part), 2016)
[1]
Editor's Note: Figure 20.52(a) is included as an attachment to this title.
§ 20.76.110 MEASURING HEIGHT.
The maximum height shall be measured from the average grade on Washington Avenue adjacent to the subject property's front lot line.
(Ord. 5046 § 20 (part), 2008; Ord. 5301 § 3 (Exh. B) (part), 2016)
§ 20.78.010 INTENT.
The intent of the medium density residential (R-18) zoning district is to accommodate single-family housing and existing medium density-type development, and encourage redevelopment opportunities by permitting a wider variety of housing types. Consistency throughout the neighborhoods between low density residential (R-10) and medium density residential shall be implemented.
(Ord. 5301 § 3 (Exh. B) (part), 2016; Ord. 5364 § 8, 2018)
§ 20.78.020 OUTRIGHT PERMITTED USES.
The following uses are permitted outright:
(a)
Cemetery;
(c)
Community facilities of twenty thousand (20,000) square feet gross floor area or less;
(d)
Day care facility of twelve (12) or fewer persons receiving care;
(e)
Education and schools (K-12) of twelve (12) or fewer students;
(f)
Foster home;
(g)
Group residential home;
(i)
Parks, playgrounds and open space equal to or less than one-half (1/2) acre (twenty-one thousand seven hundred eighty (21,780) square feet);
(j)
(k)
Worship and religious facilities of twenty thousand (20,000) square feet gross floor area or less;
(l)
Incubator for business associated with a worship and religious facility or community facility, provided the following conditions are met:
(1)
The incubated business is a use that is permitted outright in the neighborhood business zone, BMC § 20.82.020;
(2)
Landscaping and signage requirements of the neighborhood business zone, Chapter 20.82 BMC, shall be met; and
(3)
The parcel upon which the incubated business is situated shall have frontage on an arterial street.
(Ord. 5301 § 3 (Exh. B) (part), 2016; Ord. 5458 § 9, 2022; Ord. 5506 § 19, 2024; Ord. 5508 § 7, 2025; Ord. 5512 § 3 (Exh. B), 2025)
§ 20.78.030 ACCESSORY USES.
The following accessory uses may be permitted when found in connection with a principal use:
(b)
Detached garage, carport, and parking facilities for the residents of the property;
(d)
Other necessary and customary uses determined by the Director to be appropriate, incidental and subordinate;
(e)
Playhouses, patios, cabanas, porches, gazebos, swimming pools and incidental household storage buildings.
(Ord. 5301 § 3 (Exh. B) (part), 2016)
§ 20.78.040 CONDITIONAL USES.
The following uses may be permitted, provided a conditional use permit is approved pursuant to BMC § 20.58.020 subject to the corresponding conditions:
(a)
Bed and breakfast, provided:
(1)
The operators of the business shall occupy the house as their primary residence;
(2)
No more than one (1) full-time equivalent (FTE) employee who is not a resident of the dwelling may be employed;
(3)
No more than six (6) bedrooms are made available for rent to guests and all guest rooms are contained within the principal structure;
(4)
Rooms shall not be made available to guests for more than fourteen (14) days during any thirty (30) day period;
(5)
No commercial receptions, parties, or other public gatherings, or serving of meals to nonresident guests for compensation, are allowed; and
(6)
Any remodeling of the residential structure shall maintain the residential nature of the structure and not alter the structure in such a manner that would prevent it from being used as a residence in the future.
(b)
(c)
Day care facilities (thirteen (13) or more persons receiving care), provided:
(1)
All state licensing requirements are satisfied;
(2)
Landscaping is provided meeting the minimum requirements for nonresidential uses prescribed in Chapter 20.50 BMC. Additional landscaping for screening purposes may be required if it is found necessary to mitigate any impacts to adjoining residential properties; and
(3)
The maximum height of a fence or wall within a front yard setback may be increased up to six (6) feet, provided it enhances safety and security of an outdoor play area.
(d)
Adaptive reuse of commercial buildings, provided the conditions set forth in BMC § 20.46.070 are satisfied.
(e)
Worship, religious, and community facilities greater than twenty thousand (20,000) square feet, provided:
(1)
The site area shall be one (1) acre or more; and
(f)
Golf course, provided:
(g)
Schools, parks and associated uses may be approved in accordance with the following:
(1)
The following uses are permitted through approval of a conditional use permit:
(i)
All public schools and associated gymnasiums and auditoriums;
(ii)
Private schools (K-12) with thirteen (13) or more students;
(iii)
Parks and playgrounds greater than one-half (1/2) acre;
(iv)
Outdoor athletic fields;
(v)
Boat launching and related facilities;
(vi)
Maintenance and service yards;
(vii)
Bus and other vehicle and equipment maintenance and storage facilities;
(viii)
Administrative office related to the facilities greater than two thousand (2,000) square feet gross floor area;
(ix)
Buildings and structures for nonprofit groups on public lands;
(2)
Uses permitted pursuant to subsection (g)(1) of this section shall be subject to complying with the following conditions:
(i)
Front, side and rear yard setbacks of structures and outdoor storage areas shall be at least thirty (30) feet;
(ii)
Setbacks may be reduced for those portions of a structure fronting interior streets;
(iii)
The maximum height for any new construction may be increased to match the architecture of existing buildings; provided, that it is set back an additional foot from any property line for each additional foot of allowed height, and in no case shall the new construction exceed forty-five (45) feet;
(iv)
Landscaping is provided meeting the minimum requirements for nonresidential uses prescribed in Chapter 20.50 BMC. Additional landscaping for screening purposes may be required if it is found necessary to mitigate any impacts to adjoining residential properties;
(v)
Additional measures may be required if deemed necessary to mitigate any noise impacts to adjacent residential uses; and
(vi)
The maximum height of a fence or wall within a front yard setback may be increased to six (6) feet, provided it enhances safety and security around an outdoor play area.
(h)
Public utility facilities located above ground, provided:
(1)
Landscaping is provided meeting the minimum requirements for nonresidential uses prescribed in Chapter 20.50 BMC. Additional landscaping for screening purposes may be required if it is found necessary to mitigate any impacts to adjoining residential properties;
(2)
The maximum height of a fence or wall may be increased within a front yard setback that will provide screening from adjacent uses and enhance safety and security around the facility; and
(3)
Exceptions to setbacks may be allowed if the applicant can demonstrate that the public interest is better served by allowing the modification.
(i)
Law enforcement and fire facilities, provided:
(1)
Landscaping is provided meeting the minimum requirements for nonresidential uses prescribed in Chapter 20.50 BMC. Additional landscaping for screening purposes may be required if it is found necessary to mitigate any impacts to adjoining residential properties.
(2)
The maximum height of a fence or wall may be increased within a front yard setback that will provide screening from adjacent uses and enhance safety and security around the facility.
(Ord. 5301 § 3 (Exh. B) (part), 2016; Ord. 5506 § 20, 2024; Ord. 5513 § 3 (Exh. B), 2025)
§ 20.78.060 DEVELOPMENT STANDARDS.
(a)
Lot Standards. Lot development requirements shall be in accordance with this section and the following standards unless allowed for by law otherwise:
(b)
Zero (0) Lot Line (ZLL) Development. An attached single-family dwelling and/or garage structure may have a single shared side or rear lot line, and a setback reduced to zero (0), provided the structure complies with building code fire separation requirements.
(c)
Accessory Structures. The following standards shall apply but are not limited to: garages, carports, shops, barns, covered patios, cabanas, gazebos, and incidental household storage buildings, excluding accessory dwelling units per BMC § 20.46.010 and structures not requiring a building permit:
(d)
Garages, Storage Buildings and Shops.
(1)
Any garage, storage building or shop structure shall be designed so that the appearance of the building remains that of a single-family residence including the following:
(2)
Any garage, storage building, or shop may be exempt from the accessory structure size requirements provided it is contained within the principal unit.
(e)
Multi-Unit Structure Dwellings. In addition to the standards of this chapter, multi-unit structure dwellings of five (5) or more units shall be in accordance with the following standards:
(Ord. 5301 § 3 (Exh. B) (part), 2016; Ord. 5364 § 2, 2018; Ord. 5512 § 3 (Exh. B), 2025)
§ 20.78.065 ALLOWABLE DENSITY AND LOT AREA.
The purpose of this section is to establish compatible levels of density within existing neighborhoods. The intent is to allow infill residential development. The following density and lot area standards are applicable to development within the zone:
(a)
Minimum Density. The minimum required density is six (6) dwellings per acre.
(b)
Maximum Density. The maximum allowed density is eighteen (18) dwellings per acre.
(Ord. 5301 § 3 (Exh. B) (part), 2016; Ord. 5364 § 3, 2018; Ord. 5404 § 3, 2020; Ord. 5422 § 5, 2021; Ord. 5512 § 3 (Exh. B), 2025)
§ 20.78.080 OFF-STREET PARKING REQUIREMENTS.
Off-street parking shall be provided in accordance with the requirements set forth in Chapter 20.48 BMC.
(Ord. 5301 § 3 (Exh. B) (part), 2016)
§ 20.78.090 LANDSCAPING REQUIREMENTS.
Landscaping shall be provided in accordance with the requirements set forth in Chapter 20.50 BMC.
(Ord. 5301 § 3 (Exh. B) (part), 2016)
§ 20.78.100 SIGN STANDARDS.
Signs shall meet the standards of Chapter 20.52 BMC and the following:
(a)
One (1) sign with a sign area of up to eight (8) square feet may be allowed to advertise a permitted bed and breakfast, provided it matches the architectural features of the primary residence.
(Ord. 5301 § 3 (Exh. B) (part), 2016)
§ 20.79.010 INTENT.
The intent of the high density residential (R-40) zoning district is to provide a high standard of development 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. 4950 § 8 (Exh. A) (part), 2005; Ord. 5046 § 21 (part), 2008; Ord. 5301 § 3 (Exh. B) (part), 2016; Ord. 5390 § 5, 2019)
§ 20.79.020 OUTRIGHT PERMITTED USES.
The following uses are permitted outright:
(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:
(Ord. 4950 § 8 (Exh. A) (part), 2005; Ord. 5046 § 21 (part), 2008; Ord. 5301 § 3 (Exh. B) (part), 2016; Ord. 5390 § 6, 2019; Ord. 5506 § 21, 2024)
§ 20.79.030 ACCESSORY USES.
The following accessory uses may be permitted when found in connection with a principal use:
(b)
Detached garage, carport, and parking facilities for the residents of the property;
(d)
Other necessary and customary uses determined by the Director to be appropriate, incidental and subordinate;
(e)
Playhouses, patios, cabanas, porches, gazebos, swimming pools and incidental household storage buildings.
(Ord. 4950 § 8 (Exh. A) (part), 2005; Ord. 5046 § 21 (part), 2008; Ord. 5301 § 3 (Exh. B) (part), 2016)
§ 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)
Nursing/convalescent home;
(c)
Day care facilities (more than twelve (12) persons receiving care);
(d)
Worship, religious, and community facilities;
(e)
Schools, parks and associated facilities of the types set forth in BMC § 20.60.040(j).
(Ord. 4950 § 8 (Exh. A) (part), 2005; Ord. 5111 § 5, 2010; Ord. 5046 § 21 (part), 2008; Ord. 5301 § 3 (Exh. B) (part), 2016; Ord. 5390 § 7, 2019; Ord. 5506 § 22, 2024; Ord. 5508 § 8, 2025)
§ 20.79.060 DEVELOPMENT STANDARDS.
(a)
Lot Standards. Lot development requirements shall be in accordance with this section and the following standards unless allowed for by law otherwise:
(2)
The maximum height of the structure shall meet the following:
(i)
Maximum structure height is sixty-five (65) feet; and
(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 seventy-five (75) percent.
(b)
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)
Minimum density: fifteen (15) dwelling units per acre.
(e)
Maximum density: forty (40) dwelling units per acre.
(f)
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 passive and/or active space. Designated critical areas pursuant 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 children'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 existing vegetation to remain; and
(ii)
The plan must comply with the requirements of the landscaping chapter, found in Chapter 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 designation and retention of open space, and provisions for permanent maintenance of the open space and/or commonly owned facilities.
(Ord. 5301 § 3 (Exh. B) (part), 2016; Ord. 5390 § 8, 2019; Ord. 5512 § 3 (Exh. B), 2025)
§ 20.79.070 DESIGN STANDARDS.
The following design standards shall be applied to all new structures and redeveloped structures. Residential development of three 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 criteria 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 emphasized by a different material pattern, more architectural detail, visible plinth above which the wall rises, storefront, canopies, or a combination. The top edge is highlighted by a prominent cornice, projecting parapet or other architectural element that creates a shadow line.
(2)
Minimum Transparency. At least 40% of all facades facing the public sidewalk, measured to between two and eight feet in height, shall be comprised of transparent windows or doors. The Director may modify transparency standards for facades facing a private street, or accessory structures, when an additional secondary design feature per subsection (b) of this section is incorporated into the design.
(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 broken by windows, trellises, columns, variations in plane, or other devices that add variation and interest to the facade.
(4)
Mechanical Equipment Screening. Rooftop and ground-level mechanical equipment shall be screened from view from public streets. Screening materials shall be architecturally compatible to the primary structure.
(b)
Secondary Design Features. Three secondary design features are required from the following list:
(1)
Multiple Roof Lines. Structures shall have at least three horizontal roof lines, as viewed from the front facade.
(2)
Modulation. The horizontal plane of a structure shall not extend for more than 30 feet, as measured from any one point of the structure, without a significant architectural variation of at least two feet in depth.
(3)
Facade Materials. At least three different facade materials shall be incorporated into the exterior appearance of the structure (wood, brick, stucco, tile, shingles, other).
(4)
Additional Transparency. An additional 15% transparency to what is required per subsection (a)(2) of this section.
(5)
Weather Protection. Recessed or protruding building features, of no less than four feet in depth, which extend along at least 50% of the front facade.
(6)
Main Entry. Pedestrian entrances are preferred 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, artwork, street furniture, plantings in window boxes, public trash receptacles, or other alternative public amenity approved by the Director. Any proposed amenity shall be architecturally compatible with the principal structure. Any approved amenity shall be maintained for the life of the project.
(Ord. 5319 § 13, 2017; Ord. 5523, 10/15/2025)
§ 20.79.080 PARKING REQUIREMENTS.
Off-street parking shall be provided in accordance with the requirements set forth in Chapter 20.48 BMC.
(Ord. 4950 § 8 (Exh. A) (part), 2005; Ord. 5046 § 21 (part), 2008; Ord. 5301 § 3 (Exh. B) (part), 2016; Ord. 5513 § 3 (Exh. B), 2025)
§ 20.79.090 LANDSCAPING REQUIREMENTS.
Landscaping shall meet the standards of Chapter 20.50 BMC.
(Ord. 4950 § 8 (Exh. A) (part), 2005; Ord. 5046 § 21 (part), 2008; Ord. 5301 § 3 (Exh. B) (part), 2016)
§ 20.79.100 SIGN STANDARDS.
Signage shall meet the standards of Chapter 20.52 BMC.
(Ord. 4950 § 8 (Exh. A) (part), 2005; Ord. 5046 § 21 (part), 2008; Ord. 5301 § 3 (Exh. B) (part), 2016)
§ 20.82.010 INTENT.
The intent of the neighborhood business (NB) zone is to provide for small-scale business districts that reflect the scale and character of surrounding neighborhoods. The NB zone shall include uses such as small groceries, convenience stores, offices, restaurants, and mixed use opportunities.
(Ord. 4950 § 8 (Exh. A) (part), 2005; Ord. 5301 § 3 (Exh. B) (part), 2016)
§ 20.82.020 OUTRIGHT PERMITTED USES.
The following uses are permitted outright:
(a)
Bed and breakfast;
(c)
Community facility;
(d)
Day care facility;
(e)
Drinking place;
(f)
Entertainment uses;
(g)
Finance, insurance and real estate;
(h)
General office and business services;
(i)
General retail;
(j)
Hotels and lodging places;
(k)
Medical offices and clinics;
(l)
Museum and gallery;
(m)
Park, playground and open space;
(n)
Personal services;
(o)
Public administration;
(p)
Recycling collection station;
(q)
Residential as a secondary use;
(r)
Restaurant drinking place;
(s)
Senior housing complex;
(t)
Transportation facility;
(u)
Veterinary clinic;
(v)
Worship and religious facility.
(Ord. 4950 § 8 (Exh. A) (part), 2005; Ord. 5301 § 3 (Exh. B) (part), 2016)
§ 20.82.030 PROHIBITED USES.
(a)
Drive-through facilities.
(Ord. 4950 § 8 (Exh. A) (part), 2005; Ord. 5301 § 3 (Exh. B) (part), 2016)
§ 20.82.040 CONDITIONAL USES.
The following uses may be permitted provided a conditional use permit is approved pursuant to BMC § 20.58.020:
(a)
Automobile service and repair, provided:
(1)
The property is not located within the Manette Neighborhood Center; and
(2)
The business is located in an existing building; and
(3)
Any parking areas adjacent to a residential property shall provide a Type I visual screen pursuant to BMC § 20.50.050(b); and
(4)
Business hours shall be limited to 7:00 a.m. through 10:00 p.m.; and
(5)
No outdoor storage is permitted. This prohibition includes but is not limited to outdoor storage of vehicles being used for parts, inoperable vehicles, and storage of tires. Customer vehicles waiting to be serviced, which do not require towing, must be parked in an approved parking area that complies with Chapter 20.48 BMC.
(Ord. 5326 § 8, 2017)
§ 20.82.060 DEVELOPMENT STANDARDS.
Lot development requirements shall be in accordance with the following standards unless allowed for by law otherwise:
(a)
Maximum front yard setback: ten (10) feet. At least sixty-five (65) percent of a building's front facade must meet the maximum front yard setback. The setback may be increased if the Director finds that such increase is the minimum necessary to facilitate a superior site design. In order to obtain approval for an increased setback, the applicant shall submit a written analysis establishing how the project facilitates superior site design, is the minimum necessary, is consistent with specific goals and policies within the Comprehensive Plan, and is compliant with all applicable sections of the BMC. The following list identifies examples of circumstances where increased setbacks may be found to be appropriate:
(1)
When the site includes more than one (1) street frontage;
(2)
To accommodate existing topography, utilities, or other physical site constraints that make compliance with the setback infeasible;
(3)
To accommodate phasing of infill development;
(4)
On sites that are significantly developed with existing legally established nonconforming uses or structures whereby strict code compliance will not facilitate effective circulation; or
(5)
For projects that in the opinion of the Director provide enhanced public amenities within the setback area which include, but are not limited to, the following: public plazas, increased landscaping, architectural features, and improved pedestrian connections;
(b)
Side yard setback: zero (0) except when adjacent to a residential zone where a ten (10) to twenty (20) foot visual screen is required pursuant to BMC § 20.50.050(b);
(c)
Rear yard setback: zero (0) except when adjacent to a residential zone where a ten (10) to twenty (20) foot visual screen is required pursuant to BMC § 20.50.050(b);
(d)
Maximum building size: nonresidential uses may not exceed a footprint of fifteen thousand (15,000) gross square feet;
(e)
Maximum building coverage: sixty (60) percent base maximum; provided, that through the use of any combination of the following, building coverage may be increased up to eighty-five (85) percent maximum:
(1)
Projects containing mixed uses: twenty (20) percent bonus;
(2)
Projects within a two (2) or three (3) story building: ten (10) percent bonus;
(3)
Projects providing a pedestrian-oriented plaza or area of at least one hundred fifty (150) square feet along a pedestrian walkway at an intersection corner, bus stop or other key pedestrian area approved by the City. Such areas shall contain seating for at least four (4) people, a trash receptacle and three (3) or more of the following: a pedestrian shelter, a drinking fountain, a bike rack, pedestrian-scale lights, pavers on the walkway surfaces, a kiosk, a street vendor station providing food or beverages, trees, a statue or sculpture, or a public restroom. Interior courtyards with these amenities qualify if they would be readily apparent and accessible to pedestrians on adjoining sidewalks: ten (10) percent bonus;
(4)
Projects providing a through-block corridor that facilitates pedestrian access in a location approved by the City: five (5) percent bonus;
(5)
Projects providing at least fifty (50) percent of parking underground or within the building: twenty (20) percent bonus;
(f)
Maximum development coverage: maximum coverage by impervious surfaces seventy-five (75) percent; provided, that through the use of any combination of the mechanisms listed in subsections (e)(1) through (e)(5) of this section, up to ninety-five (95) percent maximum development coverage may be allowed;
(g)
Maximum building height: thirty-five (35) feet;
(h)
There is no maximum density for residential as a secondary use; minimum density is fifteen (15) dwelling units per acre.
(Ord. 4950 § 8 (Exh. A) (part), 2005; Ord. 4977 § 13, 2006; Ord. 5046 § 22, 2008; Ord. 5222 § 17, 2013; Ord. 5301 § 3 (Exh. B) (part), 2016; Ord. 5319 § 14, 2017; Ord. 5512 § 3 (Exh. B), 2025; Ord. 5513 § 3 (Exh. B), 2025)
§ 20.82.070 DESIGN STANDARDS.
The following design standards shall be applied to all new structures and redeveloped structures. Residential development of three units or fewer are exempt from this section. When development involves the remodel or expansion of existing structures, the Director may modify these requirements to reasonably fit the scope and scale of the remodel or expansion.
(a)
Primary Design Features. The following criteria 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 emphasized by a different material pattern, more architectural detail, visible plinth above which the wall rises, storefront, canopies, or a combination. The top edge is highlighted by a prominent cornice, projecting parapet or other architectural element that creates a shadow line.
(2)
Orientation. All properties adjacent to a public right-of-way shall orient structures toward the primary street. Properties located at intersections should orient their structures toward the intersecting corner.
(3)
Minimum Transparency. At least 50% of all facades facing the public sidewalk, measured to between two and eight feet in height, shall be comprised of transparent windows or doors. The Director may modify transparency standards for facades facing a private street, accessory structures, and structures granted an increased setback per BMC § 20.82.060(a), when an additional secondary design feature per subsection (b) of this section is incorporated into the design.
(4)
Blank Facades. Building facades shall not present a blank facade to view from public rights-of-way, common parking areas, or residential properties. Such facades may be broken by windows, trellises, columns, variations in plane, or other devices that add variation and interest to the facade.
(5)
Mechanical Equipment Screening. Rooftop and ground-level mechanical equipment shall be screened from view from public streets. Screening materials shall be architecturally compatible to the primary structure.
(b)
Secondary Design Features. Three secondary design features are required from the following list:
(1)
Multiple Roof Lines. Structures shall have at least three horizontal roof lines, as viewed from the front facade.
(2)
Modulation. The horizontal plane of a structure shall not extend for more than 30 feet, as measured from any one point of the structure, without a significant architectural variation of at least two feet in depth.
(3)
Facade Materials. At least three different facade materials shall be incorporated into the exterior appearance of the structure (wood, brick, stucco, tile, shingles, other).
(4)
Additional Transparency. An additional 15% transparency to what is required per subsection (a)(3) of this section.
(5)
Weather Protection. Recessed or protruding building features, of no less than four feet in depth, which extend along at least 50% of pedestrian areas.
(6)
Main Entry. Pedestrian entrances are preferred 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, artwork, street furniture, plantings in window boxes, public trash receptacles, or other alternative public amenity approved by the Director. Any proposed amenity shall be architecturally compatible with the principal structure. Any approved amenity shall be maintained for the life of the project.
(Ord. 5301 § 3 (Exh. B) (part), 2016; Ord. 5319 § 15, 2017; Ord. 5523, 10/15/2025)
§ 20.82.080 PARKING REQUIREMENTS.
Parking shall meet the standards of Chapter 20.48 BMC and the following:
(a)
On-site parking shall be to the rear or to the side of buildings on the site and shall not occupy more than fifty (50) percent of the site frontage facing the arterial street frontage(s). The site frontage includes the area between the right-of-way and front building wall which applies to the entire length of the property regardless of building width. Corner lots have two (2) site frontages as they are positioned on two (2) street frontages.
(b)
All efforts shall be taken to avoid placing parking on street corners. Parking located between the building frontage and street corners shall be fully screened as follows:
(1)
A four (4) foot tall decorative wall within the front yard landscaping area that fully screens the parking areas. The wall shall be located such that it blocks views of the parking from the right-of-way. For long spans of frontage (one hundred (100) feet or more), the wall shall include modular articulation to add architectural variety.
(i)
Alternate architectural features, shrubs may be substituted for the wall, provided it is demonstrated that the shrubs/alternative will provide equal to or better visual screening than the wall. Shrubs shall be a minimum of three (3) feet tall at time of installation and shall be additional to the landscaping required in Chapter 20.50 BMC.
(ii)
Openings and architectural features may be required within a wall section in order to tie the wall feature into the architecture of the building and to provide pedestrian access. The entry shall be the minimum necessary to accommodate a sidewalk that is a minimum of five (5) feet in width, clearly marked, and distinguished from driving surfaces by using decorative paving, stamped/stained concrete, or raised walkways with alternative materials (such as brick, cobblestone, decorative pavers). Paint striping does not meet this requirement.
(c)
Access to parking shall be provided per the following priority:
(d)
Driveways providing access to parking area shall be well-defined, highly visible entryways.
(Ord. 4950 § 8 (Exh. A) (part), 2005; Ord. 5222 § 18, 2013; Ord. 5301 § 3 (Exh. B) (part), 2016)
§ 20.82.090 LANDSCAPING REQUIREMENTS.
Landscaping shall meet the standards of Chapter 20.50 BMC.
(Ord. 4950 § 8 (Exh. A) (part), 2005; Ord. 5046 § 23, 2008; Ord. 5301 § 3 (Exh. B) (part), 2016)
§ 20.82.110 SIGN STANDARDS.
Signs shall meet the standards of Chapter 20.52 BMC. For freestanding signs, the maximum size and height standards of Figure 20.52(a)[1] shall apply.
(Ord. 4950 § 8 (Exh. A) (part), 2005; Ord. 5301 § 3 (Exh. B) (part), 2016)
[1]
Editor's Note: Figure 20.52(a) is included as an attachment to this title.
§ 20.86.010 INTENT.
The intent of the freeway corridor (FC) zone is to identify areas for commercial activities that will typically be region-serving in nature and scale. Uses in the zone benefit from high visibility from freeways serving the region, incorporate signage legible to fast-moving traffic, provide large areas for parking, and may include large-scale structures and/or outdoor display or storage areas. Design standards, buffering and/or other techniques are used to mitigate the effects of the intense uses allowed in the FC zone on less intense adjacent uses.
(Ord. 4950 § 8 (Exh. A) (part), 2005; Ord. 5301 § 3 (Exh. B) (part), 2016)
§ 20.86.020 OUTRIGHT PERMITTED USES.
§ 20.86.040 CONDITIONAL USES.
A conditional use permit, which is approved pursuant to BMC § 20.58.020, may permit the following uses:
(a)
Heavy industrial/manufacturing, provided:
(2)
No unshielded light or glare will be visible during periods of darkness in a residential zone;
(3)
No odor, dust or smoke byproduct will be clearly detectable on any adjacent or adjoining commercial or residential lot;
(4)
The applicant can demonstrate that the use will not significantly detract from the visual character of the area as seen from public rights-of-way or any adjacent lot. Unkept or unsightly storage, refuse, yard, or equipment areas are elements with the potential to negatively impact visual character.
(c)
Group residential facility – Class II, provided:
(1)
The facility will not create an operational conflict with the efficiency of large-scale freeway-oriented commercial use; and
(2)
Neighborhood Protection Area. A site containing a Class II facility shall not be located within eight hundred eighty (880) feet from any parcel containing an existing residential use, including multifamily and single-family units. The protection area shall not be applied to the residential uses on the east side of Highway 3.
(Ord. 5177 § 4, 2012; Ord. 4950 § 8 (Exh. A) (part), 2005; Ord. 5301 § 3 (Exh. B) (part), 2016; Ord. 5369 § 4, 2019)
§ 20.86.050 PROHIBITED USES.
The following uses are prohibited in the freeway corridor zone:
(a)
Residential, as a primary or secondary use, except for Class II group residential facilities as a conditional use per BMC § 20.86.040;
(b)
Recreational vehicle park;
(c)
Junk yard;
(d)
Motion picture theater;
(e)
Any use with significant adverse impacts on less intense uses in neighboring residential zones, determined by the City by having any combination of the following criteria:
(1)
Noise Encroachment. Generation of sound not meeting the provisions of the noise levels ordinance, Chapter 6.32 BMC;
(2)
Light/Glare Encroachment. Unshielded glare visible during periods of darkness in an adjacent residential zone;
(3)
Odor, Dust or Smoke Encroachment. Emission of an odor, dust or smoke byproduct clearly detectable in any residential zone.
(Ord. 4950 § 8 (Exh. A) (part), 2005; Ord. 5301 § 3 (Exh. B) (part), 2016)
§ 20.86.060 DEVELOPMENT STANDARDS.
Lot development requirements shall be in accordance with the following standards unless allowed for by law otherwise:
(a)
Minimum front yard setback: twenty (20) feet;
(b)
Minimum side yard setback: zero (0) except when adjacent to the low or medium density residential zones where a ten (10) to twenty (20) foot visual screen is required pursuant to BMC § 20.50.050(b);
(c)
Rear yard setback: zero (0) except when adjacent to the low or medium density residential zones where a ten (10) to twenty (20) foot visual screen is required pursuant to BMC § 20.50.050(b);
(d)
No maximum building coverage, except all setback and landscaping requirements shall be met;
(e)
No maximum development coverage, except all setback and landscaping standards shall be met;
(f)
Maximum building height: sixty (60) feet.
(Ord. 5046 § 26, 2008; Ord. 4950 § 8 (Exh. A) (part), 2005; Ord. 5301 § 3 (Exh. B) (part), 2016; Ord. 5364 § 9, 2018)
§ 20.86.070 DESIGN STANDARDS.
The following design standards shall be applied to all new structures and redeveloped structures. Residential development of three (3) units or fewer are exempt from this section. When development involves the remodel or expansion of existing structures, the Director may modify these requirements to reasonably fit the scope and scale of the remodel or expansion.
(a)
Primary Design Features. The following criteria 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 emphasized by a different masonry pattern, more architectural detail, visible plinth above which the wall rises, storefront, canopies, or a combination. The top edge is highlighted by a prominent cornice, projecting parapet or other architectural element that creates a shadow line.
(2)
Blank Facades. Building facades shall not present a blank facade to view from public rights-of-way. Such facades may be broken by windows, trellises, columns, variations in plane, or other devices that add variation and interest to the facade.
(3)
Curb Cuts. The number of curb cut site entries from public rights-of-way shall be limited to the minimum number of curb cuts required for safe and efficient vehicle circulation into and out of the site.
(b)
Secondary Design Features. Two (2) secondary design features are required from the following list:
(1)
Multiple Roof Lines. Structures shall have at least three (3) horizontal roof lines, as viewed from the front facade.
(2)
Modulation. The horizontal plane of the front facade shall not extend for more than one hundred (100) feet, as measured from any one (1) point of the structure, without a significant architectural variation of at least five (5) feet in depth.
(3)
Facade Materials. At least three (3) different facade materials shall be incorporated into the exterior appearance of the structure (wood, brick, stucco, tile, shingles, other).
(4)
Weather Protection. Recessed or protruding building features, of no less than four (4) feet in depth, which extend along at least fifty (50) percent of the front facade.
(Ord. 4950 § 8 (Exh. A) (part), 2005; Ord. 5301 § 3 (Exh. B) (part), 2016; Ord. 5319 § 16, 2017)
§ 20.86.080 PARKING REQUIREMENTS.
Parking shall meet the standards of Chapter 20.48 BMC.
(Ord. 4950 § 8 (Exh. A) (part), 2005; Ord. 5301 § 3 (Exh. B) (part), 2016)
§ 20.86.090 LANDSCAPING REQUIREMENTS.
Landscaping shall meet the standards of Chapter 20.50 BMC and the following requirements:
(a)
Buffers and screening adjacent to rights-of-way. All off-street parking areas, vehicle storage areas, and outdoor storage or work areas, except for those areas for display of vehicles or products for sale or lease, shall be screened or buffered from public rights-of-way by any combination of the following:
(1)
Five (5) foot wide landscaped buffer with evergreen hedge or other screen plantings of a size that will provide an immediate effective visual screen having a minimum height of five (5) feet;
(2)
Solid fence or wall a minimum of five (5) feet in height unless modified by the City to correct a visibility obstruction; or
(3)
An earthen berm planted with grass, shrubs, or other groundcover and having an effective visual height of at least five (5) feet;
(b)
Buffers or screening between commercial uses. The City may determine that landscape buffering or screening is required along an interior property line shared by commercial uses in cases where a higher intensity use such as light or heavy manufacturing/industry abuts a commercial use that is frequently visited by members of the public. Such buffering or screening is intended to minimize potential conflicts.
(Ord. 4950 § 8 (Exh. A) (part), 2005; Ord. 5301 § 3 (Exh. B) (part), 2016)
§ 20.86.100 SIGN STANDARDS.
Signs shall meet the standards of Chapter 20.52 BMC. For freestanding signs, the maximum size and height standards of Figure 20.52(a)[1] shall apply.
(Ord. 4950 § 8 (Exh. A) (part), 2005; Ord. 5301 § 3 (Exh. B) (part), 2016)
[1]
Editor's Note: Figure 20.52(a) is included as an attachment to this title.
§ 20.94.010 INTENT.
The intent of the industrial (I) zone is to accommodate light and heavy industrial uses in locations where there is limited interaction with residential uses. Uses include large-scale and/or heavy industries in a manner that reduces impact to the community while meeting industry's needs for easy access, large sites, and locations that do not cause conflicts with residential and other less intense use areas.
(Ord. 4950 § 8 (Exh. A) (part), 2005; Ord. 5301 § 3 (Exh. B) (part), 2016)
§ 20.94.020 OUTRIGHT PERMITTED USES.
§ 20.94.030 CONDITIONAL USES.
The following uses may be permitted, provided a conditional use permit pursuant to BMC § 20.58.020 is approved:
(c)
Group residential facility – Class II, provided:
(1)
The facility will not create an operational conflict with the efficiency of large-scale industrial uses; and
(2)
Neighborhood Protection Area. A site containing a Class II facility shall not be located within eight hundred eighty (880) feet from any parcel containing an existing residential use, including multifamily and single-family units.
(Ord. 4950 § 8 (Exh. A) (part), 2005; Ord. 5301 § 3 (Exh. B) (part), 2016; Ord. 5369 § 5, 2019)
§ 20.94.050 PROHIBITED USES.
The following uses are prohibited in the industrial zone:
(a)
Residential, as a primary or secondary use, except for Class II group residential facilities as a conditional use per BMC § 20.94.030(c);
(b)
Recreational vehicle park;
(c)
Motion picture theater;
(d)
Any use with significant adverse impacts on less intense uses in neighboring residential zones, determined by the City by having any combination of the following criteria:
(1)
Noise Encroachment. Generation of sound not meeting the provisions of the noise levels ordinance, Chapter 6.32 BMC;
(2)
Light/Glare Encroachment. Unshielded glare visible during periods of darkness in an adjacent residential zone;
(3)
Odor, Dust or Smoke Encroachment. Emission of an odor, dust or smoke byproduct clearly detectable in any residential zone.
(Ord. 5301 § 3 (Exh. B) (part), 2016)
§ 20.94.060 DEVELOPMENT STANDARDS.
Lot development requirements shall be in accordance with the following standards unless otherwise allowed by law:
(a)
Minimum front yard setback: ten (10) feet, except twenty (20) feet where abutting or across a public right-of-way from a residential zone;
(b)
Minimum side yard setback: zero (0) except when adjacent to the low and medium density residential zones where a ten (10) to twenty (20) foot visual screen is required pursuant to BMC § 20.50.050(b);
(c)
Minimum rear yard setback: zero (0) except when adjacent to the low and medium density residential zones where a ten (10) to twenty (20) foot visual screen is required pursuant to BMC § 20.50.050(b);
(d)
No maximum building coverage, provided all setbacks and landscaping standards are met;
(e)
No maximum development coverage, provided all setbacks and landscaping standards are met;
(f)
Maximum building height: fifty (50) feet for structures intended for human occupancy, and no height limit for unoccupied structures such as cranes, antennas, and mechanical apparatuses employed in industry, provided setback requirements are met;
(g)
Where abutting a residential zone, structures shall be set back one (1) additional foot for each additional foot of height above thirty-five (35) feet.
(Ord. 5046 § 34, 2008; Ord. 4950 § 8 (Exh. A) (part), 2005; Ord. 5301 § 3 (Exh. B) (part), 2016; Ord. 5364 § 11, 2018)
§ 20.94.080 PARKING REQUIREMENTS.
Off-street parking shall be provided in accordance with Chapter 20.48 BMC.
(Ord. 4950 § 8 (Exh. A) (part), 2005; Ord. 5301 § 3 (Exh. B) (part), 2016)
§ 20.94.090 LANDSCAPING REQUIREMENTS.
Landscaping shall be provided per the requirements set forth in Chapter 20.50 BMC.
(Ord. 4950 § 8 (Exh. A) (part), 2005; Ord. 5046 § 35, 2008; Ord. 5301 § 3 (Exh. B) (part), 2016)
§ 20.94.100 SIGN STANDARDS.
Signs shall meet the requirements set forth in Chapter 20.52 BMC. For freestanding signs, the maximum size and height standards of Figure 20.52(a)[1] shall apply.
(Ord. 4950 § 8 (Exh. A) (part), 2005; Ord. 5301 § 3 (Exh. B) (part), 2016)
[1]
Editor's Note: Figure 20.52(a) is included as an attachment to this title.
§ 20.96.010 INTENT.
The intent of the city utility lands (CUL) zone is to preserve resource-related functions of land, and to protect watersheds and timberlands. The CUL zone is also intended to ensure healthy forest cover and provide habitat for wildlife. The zone will accommodate some limited commercial and recreational activities, which adhere to a high standard of environmental best management practices, and low impact development.
(Ord. 4950 § 8 (Exh. A) (part), 2005; Ord. 5301 § 3 (Exh. B) (part), 2016)
§ 20.96.020 OUTRIGHT PERMITTED USES.
The following uses are permitted:
(a)
Educational and resource activities compatible with forest resources;
(b)
Forest and wildlife management activities and forest practices;
(c)
Groundwater development and aquifer protection;
(d)
Hydropower activities and facilities;
(e)
Public utilities functions and activities, and nonresidential structures necessary to execute such functions and activities;
(Ord. 4950 § 8 (Exh. A) (part), 2005; Ord. 5301 § 3 (Exh. B) (part), 2016)
§ 20.96.030 ACCESSORY USES.
§ 20.96.040 CONDITIONAL USES.
The following uses may be permitted, provided a conditional use permit is approved pursuant to BMC § 20.58.020. The conditional use permit may allow modifications to parking, landscaping and other development requirements necessary to mitigate environmental impacts.
(a)
Residential development, provided:
(1)
The project consists of attached or detached single-unit dwelling units, townhouses, or senior housing complex;
(2)
The location does not interfere with City public utility functions and activities;
(3)
The location is adjacent to an existing recreational or residential use;
(5)
Maximum density shall be ten (10) dwelling units per acre, except twenty (20) dwelling units per acre for senior housing complexes;
(6)
Development standards per the low density residential zone, BMC § 20.60.060(a)(2) through (d) are met;
(Ord. 4950 § 8 (Exh. A) (part), 2005; Ord. 5301 § 3 (Exh. B) (part), 2016)
§ 20.96.060 DEVELOPMENT STANDARDS.
Development standards for conditional uses shall be pursuant to the criteria set forth in BMC § 20.96.040.
(Ord. 4950 § 8 (Exh. A) (part), 2005; Ord. 5301 § 3 (Exh. B) (part), 2016)
§ 20.96.080 PARKING REQUIREMENTS.
Parking shall meet the standards of Chapter 20.48 BMC.
(Ord. 4950 § 8 (Exh. A) (part), 2005; Ord. 5301 § 3 (Exh. B) (part), 2016; Ord. 5513 § 3 (Exh. B), 2025)
§ 20.96.090 LANDSCAPING REQUIREMENTS.
Landscaping shall meet the standards of Chapter 20.50 BMC, except landscaping requirements may be modified or reduced if it can be demonstrated that such modifications or reductions preserve existing or native vegetation.
(Ord. 4950 § 8 (Exh. A) (part), 2005; Ord. 5301 § 3 (Exh. B) (part), 2016)
§ 20.96.100 SIGN STANDARDS.
Signage shall meet the standards of Chapter 20.52 BMC.
(Ord. 4950 § 8 (Exh. A) (part), 2005; Ord. 5301 § 3 (Exh. B) (part), 2016)
§ 20.97.010 INTENT.
The intent of the watershed (WS) zone is to protect the Bremerton public water supply by controlling activities and maintaining high water quality at the source, consistent with state and federal regulations. It is further intended to maintain strict control of access to and activities within the Union River drainage to allow the Union River water supply source to continue in its unfiltered status.
(Ord. 4950 § 8 (Exh. A) (part), 2005; Ord. 5301 § 3 (Exh. B) (part), 2016)
§ 20.97.020 OUTRIGHT PERMITTED USES.
The following uses are permitted:
(a)
Educational and resource activities compatible with public water supply;
(b)
Forest and wildlife management activities, and forest practices;
(c)
Groundwater development and aquifer protection;
(d)
Hydropower activities and facilities;
(f)
Public utilities functions and activities related to the monitoring and distribution of potable water.
(Ord. 5301 § 3 (Exh. B) (part), 2016; Ord. 4950 § 8 (Exh. A) (part), 2005)
§ 20.97.030 ACCESSORY USES.
The following accessory uses may be permitted:
(a)
Caretaker's residence or gate guard associated with an outright permitted use;
(b)
Nonresidential structures necessary for the execution of an outright permitted use;
(c)
Temporary quarters associated with an outright permitted use.
(Ord. 4950 § 8 (Exh. A) (part), 2005; Ord. 5301 § 3 (Exh. B) (part), 2016)
§ 20.97.060 DEVELOPMENT STANDARDS.
Development shall be in accordance with the following standards:
(a)
All developments shall minimize the amount of impervious surface to that necessary to execute a permitted use;
(Ord. 5301 § 3 (Exh. B) (part), 2016; Ord. 4950 § 8 (Exh. A) (part), 2005)
§ 20.97.080 PARKING REQUIREMENTS.
Parking shall meet the standards of Chapter 20.48 BMC.
(Ord. 4950 § 8 (Exh. A) (part), 2005; Ord. 5301 § 3 (Exh. B) (part), 2016; Ord. 5513 § 3 (Exh. B), 2025)
§ 20.97.090 LANDSCAPING REQUIREMENTS.
Landscaping shall meet the standards of Chapter 20.50 BMC, except landscaping requirements may be modified or reduced if it can be demonstrated that such modifications or reductions preserve existing or native vegetation.
(Ord. 4950 § 8 (Exh. A) (part), 2005; Ord. 5301 § 3 (Exh. B) (part), 2016)
§ 20.97.100 SIGN STANDARDS.
Signage shall meet the standards of Chapter 20.52 BMC.
(Ord. 4950 § 8 (Exh. A) (part), 2005; Ord. 5301 § 3 (Exh. B) (part), 2016)
§ 20.98.010 INTENT.
The intent of the institutional (INST) zone is to provide for continued operation and facilitate managed growth of Olympic College. Growth of the College and supporting uses should be promoted in the zone while being compatible with the surrounding neighborhoods and nearby areas.
(Ord. 4950 § 8 (Exh. A) (part), 2005; Ord. 5301 § 3 (Exh. B) (part), 2016)
§ 20.98.020 OUTRIGHT PERMITTED USES.
The following uses are permitted:
(b)
Community facility;
(c)
General office and business services;
(d)
General retail associated with an institution;
(e)
Higher education and colleges;
(f)
Medical offices and clinics;
(g)
Outdoor athletic fields and park playground and open spaces;
(h)
Parking as a principal use;
(i)
Public administration;
(k)
Restaurants;
(l)
Schools and education uses;
(m)
Transportation facility;
(n)
Welfare and charitable services and facility;
(o)
Worship and religious facility.
(Ord. 5222 § 22, 2013; Ord. 4950 § 8 (Exh. A) (part), 2005; Ord. 5249 § 14, 2014; Ord. 5301 § 3 (Exh. B) (part), 2016)
§ 20.98.030 ACCESSORY USES.
Any subordinate use with a direct connection to or association with the core functions of a higher education college may be permitted by the Director as an accessory use.
(Ord. 4950 § 8 (Exh. A) (part), 2005; Ord. 5301 § 3 (Exh. B) (part), 2016)
§ 20.98.060 DEVELOPMENT STANDARDS.
Development shall be in accord with the following standards:
(a)
Minimum front yard setback: zero (0), except ten (10) feet where adjacent to any lot not within the institutional zone;
(b)
Minimum side yard setback: zero (0), except when adjacent to a residential zone where a ten (10) to twenty (20) foot visual screen is required pursuant to BMC § 20.50.050(b);
(c)
Minimum rear yard setback: zero (0), except when adjacent to a residential zone where a ten (10) to twenty (20) foot visual screen is required pursuant to BMC § 20.50.050(b);
(d)
Maximum height: eighty-five (85) feet, provided all upper level setback requirements are met;
(e)
Upper level setbacks: where adjacent to any lot not within the institutional (INST) zone, structures shall be set back one (1) additional foot for each additional foot of height above thirty-five (35) feet;
(f)
Density. There is no maximum density for residential use; minimum density is fifteen (15) dwelling units per acre.
(Ord. 5046 § 36, 2008; Ord. 4950 § 8 (Exh. A) (part), 2005; Ord. 5301 § 3 (Exh. B) (part), 2016; Ord. 5512 § 3 (Exh. B), 2025)
§ 20.98.070 DESIGN STANDARDS.
The following design standards shall be applied to all new structures and redeveloped structures. Residential development of three units or fewer are exempt from this section. When development involves the remodel or expansion of existing structures, the Director may modify these requirements to reasonably fit the scope and scale of the remodel or expansion.
(a)
Primary Design Features. The following criteria 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 emphasized by a different material pattern, more architectural detail, visible plinth above which the wall rises, storefront, canopies, or a combination. The top edge is highlighted by a prominent cornice, projecting parapet or other architectural element that creates a shadow line.
(2)
Orientation. All properties adjacent to a public right-of-way shall orient structures toward the primary street, or internal campus. Properties located at intersections should orient their structures toward the intersecting corner.
(3)
Minimum Transparency. At least 50% of all facades facing the public sidewalk, or sidewalks providing circulation within a site, measured to between two and eight feet in height, shall be comprised of transparent windows or doors. The Director may modify transparency standards for facades facing a private street, or accessory structures, when an additional secondary design feature per subsection (b) of this section is incorporated into the design.
(4)
Blank Facades. Building facades shall not present a blank facade to view from public rights-of-way, common parking areas, or residential properties. Such facades may be broken by windows, trellises, columns, variations in plane, or other devices that add variation and interest to the facade.
(5)
Mechanical Equipment Screening. Rooftop and ground-level mechanical equipment shall be screened from view from public streets. Screening materials shall be architecturally compatible to the primary structure.
(b)
Secondary Design Features. Three secondary design features are required from the following list:
(1)
Multiple Roof Lines. Structures shall have at least three horizontal roof lines, as viewed from the front facade.
(2)
Modulation. The horizontal plane of a structure shall not extend for more than 30 feet, as measured from any one point of the structure, without a significant architectural variation of at least two feet in depth.
(3)
Facade Materials. At least three different facade materials shall be incorporated into the exterior appearance of the structure (wood, brick, stucco, tile, shingles, other).
(4)
Additional Transparency. An additional 15% to what is required per subsection (a)(3) of this section.
(5)
Weather Protection. Recessed or protruding building features, of no less than four feet in depth, which extend along at least 50% of the front facade.
(6)
Main Entry. Pedestrian entrances are preferred 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, artwork, street furniture, plantings in window boxes, public trash receptacles, or other alternative public amenity approved by the Director. Any proposed amenity shall be architecturally compatible with the principal structure. Any approved amenity shall be maintained for the life of the project.
(Ord. 5319 § 18, 2017; Ord. 5523, 10/15/2025)
§ 20.98.080 PARKING REQUIREMENTS.
Parking shall meet the standards of Chapter 20.48 BMC.
(Ord. 4950 § 8 (Exh. A) (part), 2005; Ord. 5301 § 3 (Exh. B) (part), 2016)
§ 20.98.090 LANDSCAPING REQUIREMENTS.
Landscaping shall meet the standards of Chapter 20.50 BMC.
(Ord. 4950 § 8 (Exh. A) (part), 2005; Ord. 5301 § 3 (Exh. B) (part), 2016)
§ 20.98.100 SIGN STANDARDS.
Signage shall meet the standards of Chapter 20.52 BMC.
(Ord. 4950 § 8 (Exh. A) (part), 2005; Ord. 5301 § 3 (Exh. B) (part), 2016)