Port Orchard City Zoning Code
Subtitle III
ZONING REGULATIONS
§ 20.30.010 Purpose.
(1)
This subtitle is adopted for the purpose of guiding development in accordance with the Port Orchard comprehensive plan and to protect, promote, and improve the public health, safety, and general welfare.
(2)
This subtitle is enacted to exercise the full range of authority under Washington law to establish standards to regulate and restrict the:
(3)
This subtitle is enacted for the following purposes:
(a)
To ensure that important environmental features are protected;
(b)
To encourage the urban development within the city of Port Orchard consistent with the Growth Management Act, the countywide planning policies, and the regional growth strategy;
(c)
To protect life and property in areas subject to natural hazards and disasters;
(d)
To protect fish, wildlife, and recreation resources;
(e)
To avoid undue water and air pollution;
(f)
To provide standards for the subdivision of land in addition to those listed in Subtitle V of this title;
(g)
To encourage economically sound, fiscally sustainable, orderly, and compatible land development practices in accordance with the comprehensive plan;
(h)
To ensure that adequate public facilities and services are provided to Port Orchard residents at a reasonable cost;
(i)
To ensure that development on land is commensurate with the physical characteristics of the land; and
(j)
To assure the provision of needed open spaces and public facility sites.
(4)
This subtitle is intended to provide a mechanism for achieving the following goals:
(a)
Mix of land uses;
(b)
Compact building design;
(c)
Creating a range of housing opportunities and choices;
(d)
Creating walkable neighborhoods;
(e)
Fostering distinctive, attractive communities with a strong sense of place;
(f)
Preserving open spaces and natural beauty;
(g)
Providing a variety of transportation choices; and
(h)
Making development decisions predictable, fair, and cost effective.
(Ord. 011-19 § 4 (Exh. 1))
§ 20.30.020 Application.
(1)
Territorial Application. This subtitle applies to all land, uses, buildings and structures within Port Orchard located above (landward of) the ordinary high water mark (OHWM) of the shoreline, as defined in the city's shoreline master program (Chapter 20.164 POMC). Land located below the OHWM does not have a zoning designation, and use of such land is subject to the regulations of the city's shoreline master program.
(2)
General Application. In their interpretation and application, the provisions of this subtitle are the minimum requirements necessary to meet the purpose and intent of these regulations.
(3)
Required Conformance. All buildings, structures or land, in whole or in part, must be used or occupied in accordance with this subtitle.
(4)
Control over Less Restrictive Laws and Regulations. If any condition or requirement imposed by this subtitle is more restrictive than a condition or requirement imposed by any other law, rule or regulation of any kind, the more restrictive condition or requirement governs.
(5)
Conflict. If any condition or requirement imposed by this subtitle contains an actual, implied, or apparent conflict, the more restrictive condition or requirement controls.
(6)
References to Other Laws. Whenever a provision of this subtitle refers to any other part of the Port Orchard Municipal Code or to any other law, the reference applies to any subsequent amendment of that law.
(7)
Text and Graphics. Illustrations and photographs are included in this subtitle to illustrate the intent and requirement of the text. In cases of a conflict between the text and illustrations, photos, and graphics, the text controls.
(Ord. 011-19 § 4 (Exh. 1))
§ 20.31.010 Zones established.
(1)
The following zones are hereby established:
(a)
Greenbelt (GB).
(b)
Residential 1 (R1).
(c)
Residential 2 (R2).
(d)
Residential 3 (R3).
(e)
Residential 4 (R4).
(f)
Residential 5 (R5).
(g)
Residential 6 (R6).
(h)
Residential mixed use (RMU).
(i)
Neighborhood mixed use (NMU).
(j)
Commercial mixed use (CMU).
(k)
Business professional mixed use (BPMU).
(l)
Downtown mixed use (DMU).
(m)
(Downtown) Gateway mixed use (GMU).
(n)
Commercial corridor (CC).
(o)
Commercial heavy (CH).
(p)
Industrial flex (IF).
(q)
Light industrial (LI).
(r)
Heavy industrial (HI).
(s)
Civic institutional (CI).
(t)
Parks and recreation (PR).
(u)
Public facilities (PF).
(3)
The location and boundaries of the various zones are shown on the city's adopted zoning map and are codified in this title and made a part of this title. Overlay district boundaries may be shown on the city's adopted zoning map, may be codified elsewhere in this code, or be adopted as a standalone map. Changes in the boundaries of the zones or overlay districts, including application or amendment or interim zoning, shall be made by ordinance adopting or amending the zoning map or alternatively in the case of an overlay district, by amending the standalone overlay district map or code section.
(4)
Maps may be kept electronically in a geographic information system (GIS). Copies published online or electronically do not constitute originals. Map originals must be kept on file with the Port Orchard city clerk and must indicate the date of the adoption and most recent amendment.
(Ord. 011-19 § 4 (Exh. 1); Ord. 028-20 § 4; Ord. 050-22 § 4)
§ 20.31.020 Boundary questions.
Where uncertainty exists as to the boundaries of any zone or overlay district, the following rules of construction, listed in priority order, shall apply:
(1)
Where boundaries are indicated as following approximate lot lines, the actual lot lines shall be considered the boundaries.
(2)
Where boundaries are indicated as following lines of ordinary high water, or government meander lines, the lines shall be considered to be actual boundaries. If these lines should change, the boundaries shall be considered to move with them.
(3)
If none of the rules of interpretation described in the above subsections apply, then the zoning boundary shall be determined by map scaling.
(Ord. 011-19 § 4 (Exh. 1))
§ 20.31.030 Interpretation – Right-of-way.
(1)
Except when such areas are specifically designated on the zoning map as being classified in one of the zones provided in this title, land contained in rights-of-way for streets or alleys shall be considered unclassified.
(2)
Within street or alley rights-of-way, uses shall be limited to street purposes as defined by law.
(3)
Where such right-of-way is vacated, the vacated area shall have the zone classification of the adjoining property with which it is first merged.
(Ord. 011-19 § 4 (Exh. 1))
§ 20.31.040 Changes.
No change shall be made to a zoning map except by authority of an amending ordinance. Any changes made otherwise shall be in violation of this title.
(Ord. 011-19 § 4 (Exh. 1))
§ 20.31.050 Annexed land.
(1)
The city's comprehensive plan has predesignated land use and zoning designations for all areas of the Port Orchard urban growth area as shown on the land use map in the comprehensive plan and on the city's adopted zoning map. Upon annexation, these predesignated land use and zoning designations shall apply unless the city council designates some other zoning designation in the annexation ordinance.
(2)
Any lot subdivided under authority of the county and recognized by the county as a buildable lot will, upon annexation to the city, be considered a buildable lot, even though it may be smaller than the city zoning requires for that vicinity and zone.
(Ord. 011-19 § 4 (Exh. 1))
§ 20.32.005 Purpose.
The purpose of this chapter is to differentiate building types and provide standards for the construction of different building types to ensure a high quality public realm.
(Ord. 011-19 § 4 (Exh. 1); Ord. 008-25 § 5 (Exh. D))
§ 20.32.006 Applicability.
No new building may be erected within the city of Port Orchard except in conformance with this chapter.
(Ord. 011-19 § 4 (Exh. 1); Ord. 008-25 § 5 (Exh. D))
§ 20.32.007 Exceptions.
Mechanical equipment buildings associated with public utilities, such as well houses or sewer lift stations, shall be exempt from the standards in this chapter.
(Ord. 011-19 § 4 (Exh. 1); Ord. 056-19 § 4; Ord. 008-25 § 5 (Exh. D))
§ 20.32.010 Building type descriptions.
(1)
Detached House.
(a)
A building type that accommodates a single-family dwelling unit with yards on all sides. An accessory dwelling unit may be located within a detached house. A new manufactured home shall be considered a detached house for the purposes of this title. "New manufactured home" means any manufactured home required to be titled under RCW Title 46, which has not been previously titled to a retail purchaser, and is not a "used mobile home" as defined in RCW 82.45.032(2). A new manufactured home shall be treated as a detached house for the purposes of this title.
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(b)
Zones where permitted: Refer to POMC § 20.32.015(1).
(2)
Backyard Cottage.
(a)
A small self-contained accessory dwelling unit, carriage house, or carriage house containing an accessory dwelling unit located on the same lot as a detached house but physically separated.
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(b)
Zones where permitted: Refer to POMC § 20.32.015(1).
(3)
Carriage House.
(a)
A self-contained accessory dwelling located on the same lot as a detached house, townhouse, duplex, triplex, fourplex, apartment, or courtyard apartment, but physically separated for use as a complete, independent living facility, with provisions for cooking, sanitation and sleeping. Carriage house dwelling units are located above enclosed ground-level off-street parking facilities, or common facilities including, but not limited to, laundry, recreation space or other uses commonly associated with residential development for the associated on-site dwellings.
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(b)
Zones where permitted: Refer to POMC § 20.32.015(1).
(4)
Cottage Housing.
(a)
A middle housing building type comprised of a group of detached houses on a lot with a common open space that either: (i) is owned in common; or (ii) has units owned as condominium units with property owned in common and a minimum of 20 percent of the lot size as open space. Cottage housing may be in a configuration that accommodates up to 12 residential units. Accessory buildings such as a community building and common storage facilities are allowed.
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(b)
Zones where permitted: Refer to POMC § 20.32.015(1).
(5)
Duplex.
(a)
A middle housing building type that accommodates two attached dwelling units.
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(b)
Zones where permitted: Refer to POMC § 20.32.015(1).
(6)
Stacked Flat.
(a)
A middle housing building type that accommodates dwelling units in a residential building of no more than three stories on a residentially zoned lot in which each floor may be separately rented or owned.
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(b)
Zones where permitted: Refer to POMC § 20.32.015(1).
(7)
Triplex.
(a)
A middle housing building type that accommodates three attached dwelling units vertically and/or horizontally integrated.
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(b)
Zones where permitted: Refer to POMC § 20.32.015(1).
(8)
Fourplex.
(a)
A middle housing building type that accommodates four attached dwelling units vertically and/or horizontally integrated.
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(b)
Zones where permitted: Refer to POMC § 20.32.015(1).
(9)
Fiveplex.
(a)
A middle housing building type that accommodates five attached dwelling units vertically and/or horizontally integrated.
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(b)
Zones where permitted: Refer to POMC § 20.32.015(1).
(10)
Sixplex.
(a)
A middle housing building type that accommodates six attached dwelling units vertically and/or horizontally integrated.
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(b)
Zones where permitted: Refer to POMC § 20.32.015(1).
(11)
Townhouse.
(a)
A middle housing building type that contains 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.
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(b)
Zones where permitted: Refer to POMC § 20.32.015(1).
(12)
Apartment.
(a)
A multifamily residential building type that accommodates five or more dwelling units vertically and/or horizontally integrated.
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(b)
Zones where permitted: Refer to POMC § 20.32.015(1).
(13)
Courtyard Apartment.
(a)
A middle housing building type that accommodates up to four attached dwelling units arranged on two or three sides of a yard or court.
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(b)
Zones where permitted: Refer to POMC § 20.32.015(1).
(14)
Forecourt Apartment.
(a)
A multifamily building type that accommodates at least five multifamily dwellings arranged on two or three sides of a forecourt. Forecourt apartments shall feature a forecourt as described in POMC § 20.122.040 along the primary street.
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(b)
Zones where permitted: Refer to POMC § 20.32.015(1).
(15)
Live-Work.
(a)
A building type that accommodates three or more units. Units allow for residential and nonresidential uses in the same physical space. Units may be vertically or horizontally mixed.
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(b)
Zones where permitted: Refer to POMC § 20.32.015(1).
(16)
Shopfront House.
(a)
A building type that typically accommodates ground floor retail, office or commercial uses with upper-story residential or office uses at a scale that complements the existing residential character of the area.
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(b)
Zones where permitted: Refer to POMC § 20.32.015(1).
(17)
Single-Story Shopfront.
(a)
A single-story building type that typically accommodates retail or commercial uses.
 |
(b)
Zones where permitted: Refer to POMC § 20.32.015(1).
(18)
Mixed Use Shopfront.
(a)
A building type that typically accommodates ground floor retail, office or commercial uses with upper-story residential or office uses.
 |
(b)
Zones where permitted: Refer to POMC § 20.32.015(1).
(19)
General Building.
(a)
A building type that typically accommodates ground floor retail, office, or commercial uses with upper-story residential or office uses.
 |
(b)
Zones where permitted: Refer to POMC § 20.32.015(1).
(20)
Manufactured or Mobile Home Park.
(a)
A cluster of manufactured or mobile homes configured such that more than one mobile home is located on a lot, parcel, or tract. A manufactured or mobile home park typically features land or unsubdivided lots leased or rented by the manufactured or mobile home owner.
(b)
Zones where permitted: none. New manufactured or mobile home parks are not permitted. Existing legal nonconforming manufactured or mobile home parks may be maintained and the homes therein may be replaced.
(21)
Accessory Building.
(a)
An accessory building is any building of which the form and use are subordinate in both purpose and size, incidental to and customarily associated with a permitted principal building and use, other than a backyard cottage, located on the same lot.
 |
(b)
Zones where permitted: Refer to 20.32.015(1).
(Ord. 011-19 § 4 (Exh. 1); Ord. 050-22 § 5; Ord. 008-25 § 5 (Exh. D))
§ 20.32.015 Building type zoning matrix.
(1)
Building Type Zoning Matrix Key.
(a)
Permitted Building Type (P). Indicates a building type is permitted in the zone.
(b)
Building Type Not Permitted (--). Indicates a building type is not permitted in the zone.
Building Type | R1 | R2 | R3 | R4 | R5 | GB | RMU | NMU | CMU | DMU | GMU | BPMU | CC | CH | IF | LI | HI | CI | PR | PF |
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
Detached House | P | P | P | -- | -- | P | -- | P | -- | -- | -- | P | -- | -- | -- | -- | -- | -- | -- | -- |
Backyard Cottage | P | P | P | -- | -- | P | -- | P | -- | -- | -- | P | -- | -- | -- | -- | -- | -- | -- | -- |
Carriage House | P | P | P | P | P | -- | P | -- | P | -- | P | -- | -- | -- | -- | -- | -- | -- | -- | -- |
Cottage Housing | P | P | P | -- | -- | -- | P | P | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- |
Duplex | P | P | P | -- | -- | -- | -- | P | -- | -- | -- | P | -- | -- | -- | -- | -- | -- | -- | -- |
Stacked Flat | P | P | P | P | -- | -- | -- | P | -- | -- | -- | P | -- | -- | -- | -- | -- | -- | -- | -- |
Triplex | -- | P | P | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- |
Fourplex | -- | P | P | P | P | -- | -- | P | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- |
Fiveplex | -- | -- | P | P | P | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- |
Sixplex | -- | -- | P | P | P | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- |
Townhouse | -- | P | P | P | P | -- | P | P | P | -- | P | P | -- | -- | -- | -- | -- | -- | -- | -- |
Apartment | -- | -- | P | P | P | -- | -- | -- | P | -- | P | -- | -- | -- | -- | -- | -- | -- | -- | -- |
Courtyard Apartment | -- | P | P | P | P | -- | -- | P | P | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- |
Forecourt Apartment | -- | -- | P | P | P | -- | -- | P | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- |
Live-Work | -- | -- | -- | -- | -- | -- | P | P | P | P | P | P | P | -- | P | -- | -- | -- | -- | -- |
Shopfront House | -- | -- | -- | -- | -- | -- | P | P | P | P | P | P | P | -- | -- | -- | -- | -- | -- | -- |
Single-Story Shopfront | -- | -- | -- | -- | -- | -- | -- | -- | P | P | P | -- | P | P | -- | -- | -- | -- | -- | -- |
Mixed Use Shopfront | -- | -- | -- | -- | -- | -- | -- | -- | P | P | P | P | P | -- | -- | -- | -- | -- | -- | -- |
General Building | -- | -- | -- | -- | -- | -- | -- | -- | P | -- | P | P | P | P | P | P | P | P | P | P |
Manufactured or Mobile Home Park | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- |
Accessory Building | P | P | P | P | P | P | P | P | P | P | P | P | P | P | P | P | P | P | P | P |
(Ord. 011-19 § 4 (Exh. 1); Ord. 056-19 § 5; Ord. 059-21 § 3; Ord. 008-25 § 5 (Exh. D))
§ 20.32.020 Detached house.
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 |
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(1)
Lot and Placement.
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Lot | ||
|---|---|---|
Area (sq. ft.) | Set by district | A |
Width (ft.) | Set by district | B |
Lot coverage | Set by district | C |
Unit density | Set by district | |
Setbacks | ||
|---|---|---|
Primary street | Set by district | D |
Side street | Set by district | E |
Side interior | Set by district | F |
Rear | Set by district | G |
Attached garage | Set by district | |
(2)
Height and Form.
 |
Height | ||
|---|---|---|
Principal building | 35 ft. | A |
Accessory building | Set by district | B |
Accessory dwelling unit (backyard cottage) | Set by district | B |
Ground floor elevation | 12 in. min. | C |
Building Elements and Standards | |||
|---|---|---|---|
Element | Applicability | Standard | Exceptions |
Covered entry | Required: Porch | Refer to POMC § 20.122.060. | |
Windows and doors | Required | A minimum of 10% of the area of a street-facing facade elevation shall include windows and/or doors. | Facades separated from the street by a dwelling or located more than 100 feet from a street are exempt from this standard. |
Blank wall treatment | Required | Blank walls shall not be permitted on street-facing facades. | |
Access and Parking | |
|---|---|
Pedestrian access | Primary entry: One entry required at primary street. Additional entries: Allowed from street, side street, side yard or rear yard. Access: A concrete, asphalt, or equivalent pedestrian connection at least three feet wide is required between the building and the sidewalk (or the street if there is no sidewalk). |
Parking | Required access from an alley if exists. Prohibited within front setback (except in front of garages). |
Driveway | Refer to POMC § 20.124.090. |
(Ord. 011-19 § 4 (Exh. 1); Ord. 014-20 § 2; Ord. 008-25 § 5 (Exh. D))
§ 20.32.030 Backyard cottage.
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 |
 |
(1)
Lot and Placement.
|
Lot | ||
|---|---|---|
Area (sq. ft.) | Set by district | A |
Width (ft.) | Set by district | B |
Lot coverage | Set by district | C |
Unit density | Set by district | |
Setbacks | ||
|---|---|---|
Primary street | Set by district | D |
Side street | Set by district | E |
Side interior | Set by district | F |
Rear | Set by district | G |
Attached garage | Set by district | |
Building separation from buildings on same lot/unit lot | 10 ft. min. | |
Build-to Zone (BTZ) | |
|---|---|
Building facade in primary street | Does not apply |
Building facade in side street | Does not apply |
(2)
Height and Form.
 |
Height | ||
|---|---|---|
Accessory dwelling unit (backyard cottage) | Set by district | A |
Ground floor elevation | 12 in. min. | |
Building Elements and Standards | |||
|---|---|---|---|
Element | Applicability | Standard | Exceptions |
Covered entry | Recommended: Porch, or recessed entry | Porch: Refer to POMC § 20.122.060. Recessed entry: Each dwelling unit shall feature a porch, or provide minimum weather protection of at least 3 feet by 3 feet. Refer to Chapter 20.68 POMC. | |
Windows and doors | Required | A minimum of 10% of the area of a street-facing facade elevation shall include windows and/or doors. | Facades separated from the street by a dwelling or located more than 100 feet from a street are exempt from this standard. |
Blank wall treatment | Not required | ||
Access and Parking | |
|---|---|
Pedestrian access | Allowed from street, side street, side yard or rear yard. Access: A concrete, asphalt, or equivalent pedestrian connection at least three feet wide is required between backyard cottage building and the sidewalk (or the street if there is no sidewalk). Driveways may be used to meet this requirement. |
Parking | Required access from an alley if lot is served by an alley. Prohibited within front setback (except in front of garages). |
Driveway | Refer to POMC § 20.124.090. |
(Ord. 011-19 § 4 (Exh. 1); Ord. 008-25 § 5 (Exh. D))
§ 20.32.035 Carriage house.
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(1)
Lot and Placement.
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Lot | ||
|---|---|---|
Area (sq. ft.) | Set by district | A |
Width (ft.) | Set by district | B |
Lot coverage | Set by district | C |
Unit density | Set by district | |
Setbacks | ||
|---|---|---|
Primary street | Set by district | D |
Side street | Set by district | E |
Side interior | Set by district | F |
Rear | Set by district | G |
Attached garage | Set by district | |
Build-to Zone (BTZ) | |
|---|---|
Building facade in primary street | Does not apply |
Building facade in side street | Does not apply |
(2)
Height and Form.
 |
Height | ||
|---|---|---|
Carriage house | Set by district | A |
Ground floor elevation | N/A | |
Building Elements and Standards | |||
|---|---|---|---|
Element | Applicability | Standard | Exceptions |
Covered entry | Recommended: Recessed entry | Recessed entry: Each dwelling unit shall provide minimum weather protection of at least 3 feet by 3 feet. | |
Windows and doors | Required | A minimum of 10% of the area of a street-facing facade elevation shall include windows and/or doors. | Facades separated from the street by a dwelling or located more than 100 feet from a street are exempt from this standard. |
Blank wall treatment | Not required | ||
Access and Parking | |
|---|---|
Pedestrian access | Allowed from street, side street, side yard or rear yard. Access: A concrete, asphalt, or equivalent pedestrian connection at least three feet wide is required between a carriage house building and the sidewalk (or the street if there is no sidewalk). Driveways may be used to meet this requirement. |
Parking | Required access from an alley if lot is served by an alley. Prohibited within front setback (except in front of garages). |
Driveway | Refer to POMC § 20.124.090. |
(Ord. 008-25 § 5 (Exh. D))
§ 20.32.040 Cottage housing.
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(1)
Lot and Placement.
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Lot | ||
|---|---|---|
Area (sq. ft.) | Set by district | A |
Width (ft.) | Set by district | B |
Lot coverage | Set by district | C |
Unit density | Set by district | |
Setbacks | ||
|---|---|---|
Primary street | Set by district | D |
Side street | Set by district | E |
Side interior | Set by district | F |
Rear | Set by district | G |
Attached garage | Set by district | |
Build-to-Zone (BTZ) | |
|---|---|
Building facade in primary street | Does not apply |
Building facade in side street | Does not apply |
(2)
Height and Form.
 |
Height | ||
|---|---|---|
Principal building | 35 ft. | A |
Accessory building | Set by district | B |
Accessory dwelling unit (backyard cottage) | Set by district | B |
Ground floor elevation | 12 in. min. | C |
Building Elements and Standards | |||
|---|---|---|---|
Element | Applicability | Standard | Exceptions |
Covered entry | Required | Porch: All cottages shall feature a porch at least 60 square feet in size with a minimum dimension of five feet on any side facing the street and/or common open space. | |
Windows and doors | Required | A minimum of 10% of the area of a street-facing facade elevation shall include windows and/or doors. | Facades separated from the street by a dwelling or located more than 100 feet from a street are exempt from this standard. |
Blank wall treatment | Required | Blank walls shall not be permitted on street-facing facades or facades facing common open space. | |
Cottage Housing Design Requirements | ||
|---|---|---|
Cottage size | Cottages shall each have no more than 1,800 square feet of gross floor area, excluding attached garages. | |
Open space | Open space shall be provided equal to a minimum 20 percent of the lot size. This may include common open space, private open space, setbacks, critical areas, and other open space. | E |
Common open space | At least one outdoor common open space is required which satisfies the following standards: (a) Common open space shall be provided equal to a minimum of 300 square feet per cottage. Each common open space shall have a minimum dimension of 15 feet on any side. (b) Common open space shall be bordered by cottages on at least two sides. At least half of cottage units in the development shall abut a common open space and have the primary entrance facing the common open space. (c) Parking areas and vehicular areas shall not qualify as common open space. (d) Critical areas and their buffers, including steep slopes, shall not qualify as common open space. | E,F |
Community building | (a) A cottage housing development shall contain no more than one community building. (b) A community building shall have no more than 2,400 square feet of gross floor area, excluding attached garages. (c) A community building shall have no minimum off-street parking requirement. | |
Access and Parking | |
|---|---|
Pedestrian access | Primary Entry: To be provided on any side facing the street and/or common open space. Access: A concrete, asphalt, or equivalent pedestrian connection at least three feet wide is required between each middle housing building and the sidewalk (or the street if there is no sidewalk). |
Parking | Required access from an alley if lot is served by an alley. Prohibited in areas used as common open space. Prohibited within front setback (except in front of garages). |
Driveway | Refer to POMC § 20.124.090. |
(Ord. 011-19 § 4 (Exh. 1); Ord. 014-20 § 3; Ord. 008-25 § 5 (Exh. D))
§ 20.32.050 Duplex.
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(1)
Lot and Placement.
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Lot | ||
|---|---|---|
Area (sq. ft.) | Set by district | A |
Width (ft.) | Set by district | B |
Lot coverage | Set by district | C |
Unit density | Set by district | |
Setbacks | ||
|---|---|---|
Primary street | Set by district | D |
Side street | Set by district | E |
Side interior | Set by district | F |
Rear | Set by district | G |
Attached garage | Set by district | |
Build-to Zone (BTZ) | |
|---|---|
Building facade in primary street | Does not apply |
Building facade in side street | Does not apply |
(2)
Height and Form.
 |
Height | ||
|---|---|---|
Principal building | 35 ft. | A |
Accessory building | Set by district | B |
Accessory dwelling unit (backyard cottage) | Set by district | B |
Ground floor elevation | 12 in. min. | C |
Building Elements and Standards | |||
|---|---|---|---|
Element | Applicability | Standard | Exceptions |
Covered entry | Required | Porch: Refer to POMC § 20.122.060. | |
Windows and doors | Required | A minimum of 10% of the area of a street-facing facade elevation shall include windows and/or doors. | Facades separated from the street by a dwelling or located more than 100 feet from a street are exempt from this standard. |
Blank wall treatment | Required | Blank walls shall not be permitted on street-facing facades. | |
Access and Parking | |
|---|---|
Pedestrian access | Primary Entry: One entry required at primary street. Additional Entries: Allowed from street, side street, side yard or rear yard. Access: A concrete, asphalt, or equivalent pedestrian connection at least three feet wide is required between each middle housing building and the sidewalk (or the street if there is no sidewalk). Driveways may be used to meet this requirement. |
Parking | Required access from an alley if lot is served by an alley. Prohibited within front setback (except in front of garages). |
Driveway | Refer to POMC § 20.124.090. |
(Ord. 011-19 § 4 (Exh. 1); Ord. 008-25 § 5 (Exh. D))
§ 20.32.060 Stacked flat.
(1)
Lot and Placement.
 |
Lot | ||
|---|---|---|
Area (sq. ft.) | Set by district | A |
Width (ft.) | Set by district | B |
Lot coverage | Set by district | C |
Unit density | Set by district | |
Setbacks | ||
|---|---|---|
Primary street | Set by district | D |
Side street | Set by district | E |
Side interior | Set by district | F |
Rear | Set by district | G |
Attached garage | Set by district | |
Build-to Zone (BTZ) | |
|---|---|
Building facade in primary street | Set by district |
Building facade in side street | Set by district |
(2)
Height and Form.
 |
Height | ||
|---|---|---|
Principal building | 35 ft. | A |
Accessory building | Set by district | B |
Accessory dwelling unit (backyard cottage) | Set by district | B |
Ground floor elevation | 12 in. min. | C |
Building Elements and Standards | |||
|---|---|---|---|
Element | Applicability | Standard | Exceptions |
Covered entry | Required: Porch, or recessed entry | Porch: Refer to POMC § 20.122.060. Recessed entry: A common entry to the building featuring a porch, or a common entry which provides minimum weather protection of at least 3 feet by 3 feet. | |
Windows and doors | Required | A minimum of 10% of the area of a street-facing facade elevation shall include windows and/or doors. | Facades separated from the street by a dwelling or located more than 100 feet from a street are exempt from this standard. |
Blank wall treatment | Required | Blank walls shall not be permitted on street-facing facades. | |
Access and Parking | |
|---|---|
Pedestrian access | Primary Entry: One entry required at primary street. Additional Entries: Allowed from street, side street, side yard or rear yard. Access: A concrete, asphalt, or equivalent pedestrian connection at least three feet wide is required between each middle housing building and the sidewalk (or the street if there is no sidewalk). Driveways may be used to meet this requirement. |
Parking | Required access from an alley if lot is served by an alley. Prohibited within front setback (except in front of garages). |
Driveway | Refer to POMC § 20.124.090. |
(Ord. 011-19 § 4 (Exh. 1); Ord. 008-25 § 5 (Exh. D))
§ 20.32.070 Triplex.
 |
 |
 |
(1)
Lot and Placement.
 |
Lot | ||
|---|---|---|
Area (sq. ft.) | Set by district | A |
Width (ft.) | Set by district | B |
Lot coverage | Set by district | C |
Unit density | Set by district | |
Setbacks | ||
|---|---|---|
Primary street | Set by district | D |
Side street | Set by district | E |
Side interior | Set by district | F |
Rear | Set by district | G |
Attached garage | Set by district | |
Build-to Zone (BTZ) | |
|---|---|
Building facade in primary street | Does not apply |
Building facade in side street | Does not apply |
(2)
Height and Form.
 |
Height | ||
|---|---|---|
Principal building | 35 ft. | A |
Accessory building | Set by district | B |
Accessory dwelling unit (backyard cottage) | Set by district | B |
Ground floor elevation | 12 in. min. | C |
Building Elements and Standards | |||
|---|---|---|---|
Element | Applicability | Standard | Exceptions |
Covered entry | Required: Porch, or recessed entry | Porch: Refer to POMC § 20.122.060. Recessed entry: Where a common entry is provided to all units within the building a porch shall be provided. Otherwise, each dwelling entry shall be provided with minimum weather protection of at least 3 feet by 3 feet. | |
Windows and doors | Required | A minimum of 10% of the area of a street-facing facade elevation shall include windows and/or doors. | Facades separated from the street by a dwelling or located more than 100 feet from a street are exempt from this standard. |
Blank wall treatment | Required | Blank walls shall not be permitted on street-facing facades. | |
Access and Parking | |
|---|---|
Pedestrian Access | Primary Entry: One entry required at primary street. Additional Entries: Allowed from street, side street, side yard or rear yard. Access: A concrete, asphalt, or equivalent pedestrian connection at least three feet wide is required between each middle housing building and the sidewalk (or the street if there is no sidewalk). Driveways may be used to meet this requirement. |
Parking | Required access from an alley if lot is served by an alley. Prohibited within front setback (except in front of garages). |
Driveway | Refer to POMC § 20.124.090. |
(Ord. 011-19 § 4 (Exh. 1); Ord. 008-25 § 5 (Exh. D))
§ 20.32.075 Fourplex.
|
|
|
(1)
Lot and Placement.
|
Lot | ||
|---|---|---|
Area (sq. ft.) | Set by district | A |
Width (ft.) | Set by district | B |
Lot coverage | Set by district | C |
Unit density | Set by district | |
Setbacks | ||
|---|---|---|
Primary street | Set by district | D |
Side street | Set by district | E |
Side interior | Set by district | F |
Rear | Set by district | G |
Attached garage | Set by district | |
Build-to Zone (BTZ) | |
|---|---|
Building facade in primary street | Set by district |
Building facade in side street | Set by district |
(2)
Height and Form.
 |
Height | ||
|---|---|---|
Principal building | 35 ft. | A |
Accessory building | Set by district | B |
Accessory dwelling unit (backyard cottage) | Set by district | B |
Ground floor elevation | 12 in. min. | C |
Building Elements and Standards | |||
|---|---|---|---|
Element | Applicability | Standard | Exceptions |
Covered entry | Required: Porch, or recessed entry | Porch: Refer to POMC § 20.122.060. Recessed entry: Where a common entry is provided to all units within the building a porch shall be provided. Otherwise, each dwelling entry shall be provided with minimum weather protection of at least 3 feet by 3 feet. | |
Windows and doors | Required | A minimum of 10% of the area of a street-facing facade elevation shall include windows and/or doors. | Facades separated from the street by a dwelling or located more than 100 feet from a street are exempt from this standard. |
Blank wall treatment | Required | Blank walls shall not be permitted on street-facing facades. | |
Access and Parking | |
|---|---|
Pedestrian access | Primary Entry: One entry required at primary street. Additional Entries: Allowed from street, side street, side yard or rear yard. Access: A concrete, asphalt, or equivalent pedestrian connection at least three feet wide is required between each middle housing building and the sidewalk (or the street if there is no sidewalk). Driveways may be used to meet this requirement. |
Parking | Required access from an alley if lot is served by an alley. Prohibited within front setback (except in front of garages). |
Driveway | Refer to POMC § 20.124.090. |
(Formerly 20.32.080; Ord. 011-19 § 4 (Exh. 1); Ord. 056-19 § 6; Ord. 059-21 § 4; Ord. 008-25 § 5 (Exh. D))
§ 20.32.080 Fiveplex.
|
|
|
(1)
Lot and Placement.
|
Lot | ||
|---|---|---|
Area (sq. ft.) | Set by district | A |
Width (ft.) | Set by district | B |
Lot coverage | Set by district | C |
Unit density | Set by district | |
Setbacks | ||
|---|---|---|
Primary street | Set by district | D |
Side street | Set by district | E |
Side interior | Set by district | F |
Rear | Set by district | G |
Attached garage | Set by district | |
Build-to Zone (BTZ) | |
|---|---|
Building facade in primary street | Set by district |
Building facade in side street | Set by district |
(2)
Height and Form.
 |
Height | ||
|---|---|---|
Principal building | 35 ft. | A |
Accessory building | Set by district | B |
Accessory dwelling unit (backyard cottage) | Set by district | B |
Ground floor elevation | 12 in. min. | C |
Building Elements and Standards | |||
|---|---|---|---|
Element | Applicability | Standard | Exceptions |
Covered entry | Required: Porch, or recessed entry | Porch: Refer to POMC § 20.122.060. Recessed entry: Where a common entry is provided to all units within the building a porch shall be provided. Otherwise, each dwelling entry shall be provided with minimum weather protection of at least 3 feet by 3 feet. | |
Windows and doors | Required | A minimum of 10% of the area of a street-facing facade elevation shall include windows and/or doors. | Facades separated from the street by a dwelling or located more than 100 feet from a street are exempt from this standard. |
Blank wall treatment | Required | Blank walls shall not be permitted on street-facing facades. | |
Access and Parking | |
|---|---|
Pedestrian access | Primary Entry: One entry required at primary street. Additional Entries: Allowed from street, side street, side yard or rear yard. Access: A concrete, asphalt, or equivalent pedestrian connection at least three feet wide is required between each middle housing building and the sidewalk (or the street if there is no sidewalk). Driveways may be used to meet this requirement. |
Parking | Required access from an alley if lot is served by an alley. Prohibited within front setback (except in front of garages). |
Driveway | Refer to POMC § 20.124.090. |
(Ord. 008-25 § 5 (Exh. D))
§ 20.32.085 Sixplex.
|
|
|
(1)
Lot and Placement.
|
Lot | ||
|---|---|---|
Area (sq. ft.) | Set by district | A |
Width (ft.) | Set by district | B |
Lot coverage | Set by district | C |
Unit density | Set by district | |
Setbacks | ||
|---|---|---|
Primary street | Set by district | D |
Side street | Set by district | E |
Side interior | Set by district | F |
Rear | Set by district | G |
Attached garage | Set by district | |
Build-to Zone (BTZ) | |
|---|---|
Building facade in primary street | Set by district |
Building facade in side street | Set by district |
(2)
Height and Form.
 |
Height | ||
|---|---|---|
Principal building | 35 ft. | A |
Accessory building | Set by district | B |
Accessory dwelling unit (backyard cottage) | Set by district | B |
Ground floor elevation | 12 in. min. | C |
Building Elements and Standards | |||
|---|---|---|---|
Element | Applicability | Standard | Exceptions |
Covered entry | Required: Porch, or recessed entry | Porch: Refer to POMC § 20.122.060. Recessed entry: Where a common entry is provided to all units within the building a porch shall be provided. Otherwise, each dwelling entry shall be provided with minimum weather protection of at least 3 feet by 3 feet. | |
Windows and doors | Required | A minimum of 10% of the area of a street-facing facade elevation shall include windows and/or doors. | Facades separated from the street by a dwelling or located more than 100 feet from a street are exempt from this standard. |
Blank wall treatment | Required | Blank walls shall not be permitted on street-facing facades. | |
Access and Parking | |
|---|---|
Pedestrian access | Primary Entry: One entry required at primary street. Additional Entries: Allowed from street, side street, side yard or rear yard. Access: A concrete, asphalt, or equivalent pedestrian connection at least three feet wide is required between each middle housing building and the sidewalk (or the street if there is no sidewalk). Driveways may be used to meet this requirement. |
Parking | Required access from an alley if lot is served by an alley. Prohibited within front setback (except in front of garages). |
Driveway | Refer to POMC § 20.124.090. |
(Ord. 008-25 § 5 (Exh. D))
§ 20.32.090 Townhouse.
 |
 |
 |
(1)
Lot and Placement.
 |
Lot | ||
|---|---|---|
Area (sq. ft.) | Set by district | A |
Width (ft.) | Set by district | B |
Lot coverage | Set by district | C |
Unit density | Set by district | |
Setbacks | ||
|---|---|---|
Primary street | Set by district | D |
Side street | Set by district | E |
Side interior | Set by district | F |
Rear | Set by district | G |
Attached garage | Set by district | |
Build-to Zone (BTZ) | |
|---|---|
Building facade in primary street | Does not apply |
Building facade in side street | Does not apply |
(2)
Height and Form.
 |
Height | ||
|---|---|---|
Principal building | 35 ft. | A |
Accessory building | Set by district | B |
Accessory dwelling unit (backyard cottage) | Set by district | B |
Ground floor elevation | 12 in. min. | C |
Building Elements and Standards | |||
|---|---|---|---|
Element | Applicability | Standard | Exceptions |
Covered entry | Required: Porch, or recessed entry | Porch: Refer to POMC § 20.122.060. Recessed entry: Each dwelling unit shall feature a porch, or provide minimum weather protection of at least 3 feet by 3 feet. | |
Windows and doors | Required | A minimum of 10% of the area of a street-facing facade elevation shall include windows and/or doors. | Facades separated from the street by a dwelling or located more than 100 feet from a street are exempt from this standard. |
Blank wall treatment | Required | Blank walls shall not be permitted on street-facing facades. | |
Access and Parking | |
|---|---|
Pedestrian access | Primary Entry: One entry required at primary street. Additional Entries: Allowed from street, side street, side yard or rear yard. Access: A concrete, asphalt, or equivalent pedestrian connection at least three feet wide is required between each middle housing building and the sidewalk (or the street if there is no sidewalk). Driveways may be used to meet this requirement. |
Parking | Required access from an alley if lot is served by an alley. Prohibited within front setback (except in front of garages). |
Driveway | Refer to POMC § 20.124.090. |
(Ord. 011-19 § 4 (Exh. 1); Ord. 056-19 § 7; Ord. 050-22 § 6; Ord. 008-25 § 5 (Exh. D))
§ 20.32.100 Apartment.
 |
 |
 |
(1)
Lot and Placement.
 |
Lot | ||
|---|---|---|
Area (sq. ft.) | Set by district | A |
Width (ft.) | Set by district | B |
Lot coverage | Set by district | C |
Unit density | Set by district | |
Setbacks | ||
|---|---|---|
Primary street | Set by district | D |
Side street | Set by district | E |
Side interior | Set by district | F |
Rear | Set by district | G |
Attached garage | Set by district | |
Build-to Zone (BTZ) | |
|---|---|
Building facade in primary street | Set by district |
Building facade in side street | Set by district |
(2)
Height and Form.
 |
Height | ||
|---|---|---|
Principal building | Set by district | A |
Accessory building | Set by district | B |
Ground floor elevation | 12 in. min. | C |
Building Elements and Standards | ||
|---|---|---|
Element | Applicability | Standard |
Covered entry | Required | Refer to applicable block frontage standard in Chapter 20.127 POMC and standards in POMC § 20.127.440. |
Transparency | Required | Refer to applicable block frontage standard in Chapter 20.127 POMC. |
Blank wall treatment | Required | Refer to standards in POMC § 20.127.460. |
Access and Parking | |
|---|---|
Pedestrian access | Primary Entry: One entry required at primary street. Refer to standards in POMC § 20.127.330. |
Parking | Refer to applicable block frontage standard in Chapter 20.127 POMC. Prohibited within front setback (except in front of garages). |
Driveway | Refer to POMC § 20.127.340. |
(Ord. 011-19 § 4 (Exh. 1); Ord. 056-19 § 8; Ord. 059-21 § 5; Ord. 008-25 § 5 (Exh. D))
§ 20.32.105 Courtyard apartment.
|
(1)
Lot and Placement.
|
Lot | ||
|---|---|---|
Area (sq. ft.) | Set by district | A |
Width (ft.) | Set by district | B |
Lot coverage | Set by district | C |
Unit density | Set by district | |
Setbacks | ||
|---|---|---|
Primary street | Set by district | D |
Side street | Set by district | E |
Side interior | Set by district | F |
Rear | Set by district | G |
Attached garage | Set by district | |
Build-to Zone (BTZ) | |
|---|---|
Building facade in primary street | Set by district |
Building facade in side street | Set by district |
(2)
Height and Form.
 |
Height | ||
|---|---|---|
Principal building | 35 ft. | A |
Accessory building | Set by district | B |
Accessory dwelling unit (backyard cottage) | Set by district | B |
Ground floor elevation | 12 in. min. | C |
Building Elements and Standards | |||
|---|---|---|---|
Element | Applicability | Standard | Exceptions |
Covered entry | Required: Porch, or recessed entry | Each ground-related courtyard apartment unit shall feature a covered pedestrian entry, such as a porch or recessed entry, with minimum weather protection of three feet by three feet, facing the street or common open space. | |
Windows and doors | Required | A minimum of 10% of the area of a street-facing facade elevation shall include windows and/or doors. | Facades separated from the street by a dwelling or located more than 100 feet from a street are exempt from this standard. |
Blank wall treatment | Required | Blank walls shall not be permitted on street-facing facades or facades facing common open space. | |
Courtyard Apartment Common Open Space | |
|---|---|
Common open space | At least one outdoor common open space is required which satisfies the following standards: (a) Common open space shall be bordered by dwelling units on two or three sides. (b) Common open space shall be a minimum dimension of 15 feet on any side. (c) Parking areas and vehicular areas do not qualify as a common open space. |
Access and Parking | |
|---|---|
Pedestrian access | Primary Entry: One entry required at primary street. Additional Entries: Allowed from street, side street, side yard or rear yard. Access: A concrete, asphalt, or equivalent pedestrian connection at least three feet wide is required between each middle housing building and the sidewalk (or the street if there is no sidewalk). Driveways may be used to meet this requirement. |
Parking | Required access from an alley if lot is served by an alley. Prohibited within front setback (except in front of garages). |
Driveway | Refer to POMC § 20.124.090. |
(Ord. 008-25 § 5 (Exh. D))
§ 20.32.107 Forecourt apartment.
|
(1)
Lot and Placement.
|
Lot | ||
|---|---|---|
Area (sq. ft.) | Set by district | A |
Width (ft.) | Set by district | B |
Lot coverage | Set by district | C |
Unit density | Set by district | |
Setbacks | ||
|---|---|---|
Primary street | Set by district | D |
Side street | Set by district | E |
Side interior | Set by district | F |
Rear | Set by district | G |
Attached garage | Set by district | |
Build-to Zone (BTZ) | |
|---|---|
Building facade in primary street | Set by district |
Building facade in side street | Set by district |
(2)
Height and Form.
 |
Height | ||
|---|---|---|
Principal building | Set by district | A |
Accessory building | Set by district | B |
Accessory dwelling unit (backyard cottage) | Set by district | B |
Ground floor elevation | No minimum required | C |
Building Elements and Standards | |||
|---|---|---|---|
Element | Applicability | Standard | Exceptions |
Covered entry | Required: Porch, or recessed entry | Each ground-related courtyard apartment unit shall feature a covered pedestrian entry, such as a porch or recessed entry, with minimum weather protection of three feet by three feet, facing the street or common open space. | |
Windows and doors | Required | Refer to applicable block frontage standard in Chapter 20.127 POMC. | |
Blank wall treatment | Required | Blank walls shall not be permitted on street-facing facades, facades facing a forecourt or common open space. | |
Forecourt Apartment Common Open Space | |
|---|---|
Forecourt | Required: Refer to POMC § 20.122.040. |
Access and Parking | |
|---|---|
Pedestrian access | Primary Entry: One entry required at primary street. Additional Entries: Allowed from street, side street, side yard or rear yard. Refer to standards in POMC § 20.127.330. |
Parking | Refer to applicable block frontage standard in Chapter 20.127 POMC. Prohibited within front setback (except in front of garages). |
Driveway | Refer to POMC § 20.127.340. |
(Ord. 008-25 § 5 (Exh. D))
§ 20.32.110 Live-work.
 |
 |
 |
(1)
Lot and Placement.
 |
(a)
Minimum site area: 4,000 square feet.
(b)
Minimum site width: 55 feet.
(c)
Minimum lot size: set by district.
(d)
Minimum lot width: 16 feet minimum.
(e)
Maximum lot coverage: set by district.
(f)
Primary street setback: set by district.
(g)
Side street setback: set by district.
(h)
Side interior setback: set by district.
(i)
Rear setback: set by district.
(2)
Height and Form.
 |
(a)
Maximum building and structure height: three stories/35 feet.
(b)
Minimum ground story height: 12 feet.
(c)
Minimum ground floor elevation: two feet.
(d)
Unit width: 15 feet minimum/30 feet maximum.
(e)
Number of units permitted in a row: six.
(f)
Minimum ground story transparency: 20 percent.
(g)
Minimum upper story transparency: 20 percent.
(h)
Maximum blank wall area: 35 feet.
(j)
Building Elements Allowed.
(i)
Awning/Canopy. See POMC § 20.122.020.
(ii)
Balcony. See POMC § 20.122.030.
(iii)
Porch. See POMC § 20.122.060.
(iv)
Stoop. See POMC § 20.122.070.
(Ord. 011-19 § 4 (Exh. 1); Ord. 008-25 § 5 (Exh. D))
§ 20.32.120 Shopfront house.
 |
 |
 |
 |
(2)
Height and Form.
 |
(a)
Maximum principal building height: three stories/35 feet.
(b)
Minimum ground story height: 10 feet.
(c)
Maximum building length: 50 feet.
(d)
Maximum building depth: 75 feet.
(e)
Minimum ground story transparency: 40 percent.
(f)
Minimum upper story transparency: 20 percent.
(h)
Building Elements Allowed.
(i)
Awning/Canopy. See POMC § 20.122.020.
(ii)
Balcony. See POMC § 20.122.030.
(iii)
Porch. See POMC § 20.122.060.
(iv)
Stoop. See POMC § 20.122.070.
(Ord. 011-19 § 4 (Exh. 1); Ord. 008-25 § 5 (Exh. D))
§ 20.32.130 Single-story shopfront.
 |
 |
 |
(2)
Height and Form.
 |
(a)
Maximum principal building height: one story/24 feet.
(b)
Minimum ground story height: 12 feet.
(c)
Maximum building length: 150 feet.
(f)
Pedestrian access – Entrance facing primary street: required.
(h)
Building Elements Allowed.
(i)
Balcony. See POMC § 20.122.030.
(ii)
Forecourt. See POMC § 20.122.040.
(iii)
Gallery. See POMC § 20.122.050.
(Ord. 011-19 § 4 (Exh. 1); Ord. 008-25 § 5 (Exh. D))
§ 20.32.140 Mixed use shopfront.
 |
 |
 |
(1)
Lot and Placement.
 |
(a)
Minimum lot area: set by district.
(b)
Minimum lot width: set by district.
(c)
Maximum lot coverage: set by district.
(d)
Primary street setback: set by district.
(e)
Side street setback: set by district.
(f)
Side interior setback: set by district.
(g)
Rear setback: set by district.
(h)
Build-to zone (BTZ) – Building facade in primary street BTZ: set by district.
(i)
Build-to zone (BTZ) – Building facade in secondary street BTZ: set by district.
(2)
Height and Form.
 |
(a)
Maximum building and structure height: set by district.
(b)
Minimum ground story height: 12 feet.
(c)
Maximum building length: 120 feet.
(d)
Minimum ground story transparency: 60 percent.
(e)
Minimum upper story transparency: 20 percent.
(f)
Blank wall area: 25 feet maximum.
(g)
Pedestrian access – Entrance facing primary street: required.
(h)
Entrance spacing along primary street: 75 feet maximum.
(i)
Building Elements Allowed.
(i)
Awning/Canopy. See POMC § 20.122.020.
(ii)
Forecourt. See POMC § 20.122.040.
(iii)
Gallery. See POMC § 20.122.050.
(j)
Parking location: set by district.
(Ord. 011-19 § 4 (Exh. 1); Ord. 008-25 § 5 (Exh. D))
§ 20.32.150 General building.
 |
 |
 |
(1)
Lot and Placement.
 |
(a)
Minimum lot area: set by district.
(b)
Minimum lot width: set by district.
(c)
Maximum lot coverage: set by district.
(d)
Primary street setback: set by district.
(e)
Side street setback: set by district.
(f)
Side interior setback: set by district.
(g)
Rear setback: set by district.
(h)
Build-to zone (BTZ) – Building facade in primary street BTZ: set by district.
(i)
Build-to zone (BTZ) – Building facade in secondary street BTZ: set by district.
(2)
Height and Form.
 |
(a)
Maximum building and structure height: set by district.
(b)
Minimum ground story height: 10 feet.
(c)
Maximum building length: 120 feet.
(d)
Minimum ground story transparency: 40 percent.
(e)
Minimum upper story transparency: 20 percent.
(f)
Maximum blank wall area: 50 feet.
(g)
Pedestrian access – Entrance facing primary street: required.
(h)
Pedestrian access – Entrance spacing along primary street: 125 feet maximum.
(i)
Building Elements Allowed.
(i)
Awning/Canopy. See POMC § 20.122.020.
(ii)
Forecourt. See POMC § 20.122.040.
(iii)
Gallery. See POMC § 20.122.050.
(j)
Parking location: set by district.
(Ord. 011-19 § 4 (Exh. 1); Ord. 008-25 § 5 (Exh. D))
§ 20.32.160 Accessory building.
(1)
Lot and Placement.
 |
Lot | ||
|---|---|---|
Area (sq. ft.) | Set by district | A |
Width (ft.) | Set by district | B |
Lot coverage | Set by district | C |
Unit density | Set by district | |
Setbacks | ||
|---|---|---|
Primary street | Set by district | D |
Side street | Set by district | E |
Side interior | Set by district | F |
Rear | Set by district | G |
Building separation from buildings on same lot/unit lot | 10 feet minimum | |
Build-to Zone (BTZ) | |
|---|---|
Building facade in primary street | Does not apply |
Building facade in side street | Does not apply |
(2)
Height and Form.
 |
Height | ||
|---|---|---|
Accessory Building | Set by district | A |
Ground floor elevation | N/A | |
Building Elements and Standards | |||
|---|---|---|---|
Element | Applicability | Standard | Exceptions |
Covered entry | Recommended | Recessed entry: Each accessory building entry should provide minimum weather protection of at least 3 feet by 3 feet. | |
Windows and doors | Required | A minimum of 10% of the area of a street-facing facade elevation shall include windows and/or doors. | Facades separated from the street by a dwelling or located more than 100 feet from a street are exempt from this standard. |
Blank wall treatment | Not required | ||
Access and Parking | |
|---|---|
Pedestrian access | Not required. |
Parking | Required access from an alley if exists. Prohibited within front setback (except in front of garages). |
Driveway | Refer to POMC § 20.124.090. |
(Ord. 008-25 § 5 (Exh. D))
§ 20.33.010 Greenbelt.
(1)
Intent. The greenbelt district is intended to protect sensitive natural resources and critical areas. Residential development not exceeding one single-family residential unit per two acres, and certain other compatible land uses, are allowed to supplement the protection of these resources in exchange for preserving open space.
(3)
Lot Dimensions.
Gross Density: 1 unit/2 acres maximum
Area (A) | Width (B) | |
|---|---|---|
Detached house | 2 acres min | No minimum |
 Greenbelt Lot Dimensions |
(4)
Maximum hard surface coverage is 15 percent.
(5)
Building Placement.
Principal Building Setbacks:
(a) | Primary street | 15 ft min | (A) |
(b) | Side street | 10 ft min | (B) |
(c) | Side interior | 5 ft min | (C) |
(d) | Rear | 10 ft min | (D) |
Accessory Structure Setbacks:
(a) | Primary street | 40 ft min | (A) |
(b) | Side street | 10 ft min | (B) |
(c) | Side interior | 5 ft min | (C) |
(d) | Rear | 5 ft min | (D) |
 Greenbelt Building Placement |
(6)
Building Height.
Principal building | 3 stories/35 ft max | (A) |
Accessory structure | 24 ft max | (B) |
 Greenbelt Building Height |
(Ord. 011-19 § 4 (Exh. 1); Ord. 037-22 § 2)
§ 20.34.010 Residential 1 (R1).
(1)
Intent. The R1 district is intended to accommodate low density residential development. R1 may be applied in areas designated as low density residential in the Port Orchard comprehensive plan. Uses and building types that would substantially interfere with the low density residential nature of the district are not allowed.
(2)
Unit Density. Two dwelling units per lot. Provided, however, when one unit is a detached house, two ADUs are permitted in accordance with Chapter 20.68 POMC.
(3)
Building Types Allowed. The allowed building types in the R1 zone are identified in POMC § 20.32.015(1).
(4)
Development Standards.
Dimensional Standards | ||
|---|---|---|
Lots that do not take vehicle access from an alley | Lots that take vehicle access from an alley | |
A. Minimum Lot Area | 6,000 square feet | 5,000 square feet |
B. Minimum Lot Width | 50 feet | 50 feet |
Setbacks | ||
|---|---|---|
Principal Building(s), Parent Lot, and Accessory Dwelling Units | Accessory Buildings | |
D. Primary street | 10 feet minimum* | 40 feet minimum |
E. Side street | 5 feet minimum | 10 feet minimum |
F. Side interior | 5 feet minimum | 5 feet minimum |
G. Rear** | 10 feet minimum | 3 feet minimum, 2 feet minimum where abutting an alley |
Primary street, garage door | 20 feet minimum | N/A |
Notes: |
|---|
* Unless POMC § 20.40.020 provides additional relief. |
** Accessory dwelling units (ADUs) may utilize the rear yard setback applicable to accessory structures, as identified in the table above. |
Lot Coverage |
|---|
C. Maximum 50% |
 |
Building Height | |
|---|---|
Principal Building(s) | 3 stories/35 feet maximum |
Accessory Dwelling Unit(s) | 25 feet maximum |
Accessory Building(s) | 18 feet maximum |
(Ord. 011-19 § 4 (Exh. 1); Ord. 056-19 § 9; Ord. 037-22 § 3; Ord. 008-25 § 6 (Exh. E))
§ 20.34.020 Residential 2 (R2).
(1)
Intent. The R2 district is primarily intended to accommodate detached houses, duplexes, and townhouse development. The R2 may be applied in areas designated medium density residential in the Port Orchard comprehensive plan. Uses that would substantially interfere with the residential nature of the district are not allowed.
(2)
Unit Density. Four dwelling units per lot inclusive of accessory dwelling units.
(3)
Building Types Allowed. The allowed building types in the R2 zone are identified in POMC § 20.32.015(1).
(4)
Development Standards.
Dimensional Standards | ||
|---|---|---|
Lots that do not take vehicle access from an alley | Lots that take vehicle access from an alley | |
A. Minimum Lot Area | 5,000 square feet | 3,000 square feet |
B. Minimum Lot Width | 40 feet | 30 feet |
Lot Coverage |
|---|
C. Maximum 70% |
Setbacks | ||
|---|---|---|
Principal Building(s), Parent Lot, and Accessory Dwelling Units | Accessory Buildings | |
D. Primary street | 10 feet minimum* | 40 feet minimum |
E. Side street | 5 feet minimum | 10 feet minimum |
F. Side interior | 5 feet minimum** | 5 feet minimum*** |
G. Rear**** | 10 feet minimum | 3 feet minimum, 2 feet minimum where abutting an alley |
Primary street, garage door | 20 feet minimum | N/A |
Notes: |
|---|
* Unless POMC § 20.40.020 provides additional relief. |
** Except attached housing types with dwellings on individual fee simple lots such as townhouses or attached houses which do not require a side interior setback. |
*** Side interior setback may be reduced to zero feet within principal building rear yard where an opened alley abuts rear property line. |
**** Accessory dwelling units (ADUs) may utilize the rear yard setback applicable to accessory structures, as identified in the table above. |
 |
Building Height | |
|---|---|
Principal Building(s) | 3 stories/35 feet maximum |
Accessory Dwelling Unit(s) | 25 feet maximum |
Accessory Building(s) | 18 feet maximum |
(Ord. 011-19 § 4 (Exh. 1); Ord. 037-22 § 4; Ord. 008-25 § 6 (Exh. E))
§ 20.34.030 Residential 3 (R3).
(1)
Intent. The R3 district is intended to accommodate a variety of residential options limited to three stories in height. The R3 zone may be applied in areas designated medium density residential in the Port Orchard comprehensive plan. Uses that would substantially interfere with the residential nature of the district are not allowed.
(3)
Building Types Allowed. The allowed building types in the R3 zone are identified in POMC § 20.32.015(1).
(4)
Development Standards.
Dimensional Standards | ||
|---|---|---|
Lots that do not take vehicle access from an alley | Lots that take vehicle access from an alley | |
A. Minimum Lot Area | 5,000 square feet | 3,000 square feet |
B. Minimum Lot Width | 40 feet | 30 feet |
Lot Coverage |
|---|
C. Maximum 80% |
Setbacks | ||
|---|---|---|
Principal Building(s), Parent Lot, and Accessory Dwelling Units | Accessory Buildings | |
D. Primary street | 10 feet minimum* | 40 feet minimum |
E. Side street | 5 feet minimum | 10 feet minimum |
F. Side interior | 5 feet minimum** | 5 feet minimum*** |
G. Rear**** | 10 feet minimum | 3 feet minimum, 2 feet minimum where abutting an alley |
Primary street, garage door | 20 feet minimum | N/A |
Notes: |
|---|
* Unless POMC § 20.40.020 provides additional relief. |
** Except attached housing types with dwellings on individual fee simple lots such as townhouses or attached houses which do not require a side interior setback. |
*** Side interior setback may be reduced to zero feet within principal building rear yard where an opened alley abuts rear property line. |
**** Accessory dwelling units (ADUs) may utilize the rear yard setback applicable to accessory structures, as identified in the table above. |
 |
Building Height | |
|---|---|
Principal Building(s) | 3 stories/35 feet maximum |
Accessory Dwelling Unit(s) | 25 feet maximum |
Accessory Building(s) | 18 feet maximum |
Note: |
|---|
If a property is located within an area designated by the city as a receiving site for the transfer of development rights, additional height for apartment buildings may be allowed. Refer to Chapter 20.41 POMC, Transfer of Development Rights Program, for additional information. |
(Ord. 011-19 § 4 (Exh. 1); Ord. 037-22 § 5; Ord. 008-25 § 6 (Exh. E))
§ 20.34.040 Residential 4 (R4).
(1)
Intent. The R4 district is intended to accommodate a variety of multifamily residential options at heights of 45 feet or less. The R4 zone may be applied in areas designated high density residential in the Port Orchard comprehensive plan. Uses that would substantially interfere with the residential nature of the district are not allowed.
(3)
Building Types Allowed. The allowed building types in the R4 zone are identified in POMC § 20.32.015(1).
(4)
Development Standards.
Dimensional Standards | ||
|---|---|---|
Lots that do not take vehicle access from an alley | Lots that take vehicle access from an alley | |
A. Minimum Lot Area | 5,000 square feet | 3,000 square feet |
B. Minimum Lot Width | N/A | N/A |
Lot Coverage |
|---|
C. Maximum 80% |
Setbacks | ||
|---|---|---|
Principal Building(s), Parent Lot | Accessory Buildings | |
D. Primary street | 10 feet minimum*/25 feet maximum | 40 feet minimum |
E. Side street | 5 feet minimum/25 feet maximum | 10 feet minimum |
F. Side interior | 5 feet minimum** | 5 feet minimum*** |
G. Rear | 10 feet minimum, or 4 feet minimum where abutting an alley | 3 feet minimum, 2 feet minimum where abutting an alley |
Primary street, garage door | 20 feet minimum | N/A |
Notes: |
|---|
* Unless POMC § 20.40.020 provides additional relief. |
** Except attached housing types with dwellings on individual fee simple lots such as townhouses or attached houses which do not require a side interior setback. |
*** Side interior setback may be reduced to zero feet within principal building rear yard where an opened alley abuts rear property line. |
Build-to Zone (BTZ) | |
|---|---|
Minimum BTZ (percent of lot width) | |
H. Building facade in primary street | 60 percent minimum |
I. Building facade in side street | 30 percent minimum |
 |
Building Height | |
|---|---|
All buildings and structures | 4 stories/45 feet maximum |
Accessory Buildings | 18 feet maximum |
Note: |
|---|
If a property is located within an area designated by the city as a receiving site for the transfer of development rights, additional height for apartment buildings may be allowed. Refer to Chapter 20.41 POMC, Transfer of Development Rights Program, for additional information. |
(Ord. 011-19 § 4 (Exh. 1); Ord. 037-22 § 6; Ord. 008-25 § 6 (Exh. E))
§ 20.34.050 Residential 5 (R5).
(1)
Intent. The R5 district is intended to accommodate a variety of multifamily residential options at heights of 55 feet or less. The R5 zone may be applied in areas designated high density residential in the Port Orchard comprehensive plan. Uses that would substantially interfere with the residential nature of the district are not allowed.
(3)
Building Types Allowed. The allowed building types in the R5 zone are identified in POMC § 20.32.015(1).
 R5 Building Types |
(4)
Development Standards.
Dimensional Standards | ||
|---|---|---|
Lots that do not take vehicle access from an alley | Lots that take vehicle access from an alley | |
A. Minimum Lot Area | 5,000 square feet | 3,000 square feet |
B. Minimum Lot Width | N/A | N/A |
Lot Coverage |
|---|
C. Maximum 80% |
Setbacks | ||
|---|---|---|
Principal Building(s), and Parent Lot | Accessory Buildings | |
D. Primary street | 10 feet minimum*/25 feet maximum | 40 feet minimum |
E. Side street | 5 feet minimum/25 feet maximum | 10 feet minimum |
F. Side interior | 5 feet minimum** | 5 feet minimum*** |
G. Rear | 10 feet minimum, or 4 feet minimum where abutting an alley | 3 feet minimum, 2 feet minimum where abutting an alley |
Primary street, garage door | 20 feet minimum | N/A |
Notes: |
|---|
* Unless POMC § 20.40.020 provides additional relief. |
** Except attached housing types with dwellings on individual fee simple lots such as townhouses or attached houses which do not require a side interior setback. |
*** Side interior setback may be reduced to zero feet within principal building rear yard where an opened alley abuts rear property line. |
Build-to Zone (BTZ) | |
|---|---|
Minimum BTZ (percent of lot width) | |
H. Building facade in primary street | 60 percent minimum |
I. Building facade in side street | 30 percent minimum |
 |
Building Height | |
|---|---|
All buildings and structures | 5 stories/55 feet maximum |
Accessory buildings | 18 feet maximum |
Note: |
|---|
If a property is located within an area designated by the city as a receiving site for the transfer of development rights, additional height for apartment buildings may be allowed. Refer to Chapter 20.41 POMC, Transfer of Development Rights Program, for additional information. |
(Ord. 011-19 § 4 (Exh. 1); Ord. 037-22 § 7; Ord. 008-25 § 6 (Exh. E))
§ 20.35.010 Residential mixed use (RMU).
(1)
Intent. The RMU district is intended to accommodate working and living in close proximity to one another, including in the same physical space. Building type options include townhouse and live-work. The RMU zone should be applied in areas where the existing or proposed land use pattern promotes live-work uses and in areas designated as commercial in the Port Orchard comprehensive plan. This designation may also be applied in areas designated residential high density in the comprehensive plan; provided, that the area abuts areas designated commercial and residential high density such that the application of the RMU district acts as a transitional zoning district. Uses that would substantially interfere with the live-work nature of the district are not allowed.
(4)
Maximum hard surface coverage is 90 percent.
(Ord. 011-19 § 4 (Exh. 1); Ord. 056-19 § 10)
§ 20.35.020 Neighborhood mixed use (NMU).
(1)
Intent. The NMU district is intended to accommodate neighborhood-oriented commercial facilities. The intent of the district is to provide small-scale service establishments close to residential uses, and to ensure that buildings and uses are compatible with the character of nearby neighborhoods. Building type options include: detached house, duplex, backyard cottage, fourplex, townhouse, and shopfront house. NMU zones should be applied in areas where the existing or proposed land use pattern has commercial activity close to established residential areas and may be applied in areas designated commercial in the comprehensive plan.
(2)
Building Types Allowed. The allowed building types for the NMU zone are as follows:
(h)
Accessory buildings (POMC § 20.32.010(16)).
 NMU Building Types |
(3)
(4)
Maximum hard surface coverage is 70 percent.
(Ord. 011-19 § 4 (Exh. 1))
§ 20.35.025 Business professional mixed use (BPMU).
(1)
Intent. The BPMU district is intended to accommodate mixed use development as well as a mix of uses that are oriented around the existing areas of medical, business professional, and residential uses and structures. Development in this zone is sought at a scale appropriate for uses ranging from single-family detached to large medical buildings with larger buildings to be designed to be more compatible with smaller structures. Building type options include: detached house, duplex, backyard cottage, live-work, shopfront house, mixed use shopfront, and general building. BPMU zones should be applied in areas in the vicinity of the Tremont medical facilities and near downtown Port Orchard and the Kitsap County campus on properties designated as commercial in the comprehensive plan.
(2)
Building Types Allowed. The allowed building types for the BPMU zone are as follows:
(i)
Accessory buildings (POMC § 20.32.010(16)).
 BPMU Building Types |
(3)
Lot Dimensions.
(a)
Minimum Lot Size by Building Type.
(i)
Detached house: 3,000 square feet.
(ii)
Duplex: 6,000 square feet.
(iii)
Backyard cottage: 6,000 square feet.
(iv)
Attached house: 3,500 square feet.
(v)
Live-work: 1,000 square feet.
(vi)
Shopfront house: 6,000 square feet.
(vii)
Mixed use shopfront: 10,000 square feet.
(viii)
General building: 10,000 square feet.
(4)
Maximum hard surface coverage is 75 percent.
(Ord. 011-19 § 4 (Exh. 1))
§ 20.35.030 Commercial mixed use (CMU).
(1)
Intent. The commercial mixed use district is intended to accommodate a broader range of residential and nonresidential activity than neighborhood mixed use. To promote walkability and compatibility, auto-oriented uses are restricted. Building type options include: townhouse, apartment, live-work, shopfront house, single-story shopfront, mixed use shopfront and general building. Commercial mixed use should be applied in areas where the existing or proposed land use pattern promotes mixed use and pedestrian-oriented activity and may be applied in areas designated commercial in the comprehensive plan.
(4)
Maximum hard surface coverage is 80 percent.
 CMU Lot Dimensions |
(8)
Building Height. All buildings and structures: three and one-half stories/40 feet maximum.
 CMU Building Height |
(Ord. 011-19 § 4 (Exh. 1); Ord. 056-19 § 11)
§ 20.35.040 Downtown mixed use (DMU).
(1)
Intent. The downtown mixed use district is intended to provide for mixed use, pedestrian-oriented development in downtown. In order to promote walkability and to encourage street-level retail activity, auto-oriented uses and ground-floor residential uses are restricted. Building type options include live-work, single-story shopfront and mixed use shopfront. Downtown mixed use should be applied in areas where the existing or proposed land use pattern promotes the highest levels of pedestrian and mixed-use activity in the community and may be applied in areas designated commercial in the comprehensive plan.
(2)
Building Types Allowed. The allowed building types are as follows:
(a)
Live-work unit.
(b)
Single-story shopfront.
(c)
Mixed use shopfront.
(d)
Accessory buildings (POMC § 20.32.010(16)).
 DMU Building Types |
(4)
Maximum hard surface coverage is 100 percent.
(6)
Build-to Zone.
(a)
Building facade in primary street: 80 percent minimum (percent of lot width).
(b)
Building facade in side street: 40 percent minimum (percent of lot width).
(c)
Build-to zone percentages may be decreased (i) if a public pedestrian-oriented space is provided, if the reduction is no more than the minimum needed to accommodate the pedestrian oriented space, or (ii) for public civic buildings such as a community center or library.
 DMU Building Placement |
(7)
Parking Location. Parking shall be allowed as follows except where another standard is specified in Chapter 20.127 POMC:
(a)
Front yard: not allowed.
(b)
Corner yard: not allowed.
(c)
Side yard: allowed.
(d)
Rear yard: allowed.
(e)
For proposed buildings with frontage on all four sides, the director shall determine where parking shall be allowed, based upon (i) consistency with an adopted subarea plan; (ii) consistency with the city's critical areas and shoreline master program regulations; and/or (iii) traffic and circulation impacts of the proposed parking location(s), including vehicular and pedestrian safety.
(Ord. 011-19 § 4 (Exh. 1); Ord. 056-19 § 12; Ord. 030-21 § 5)
§ 20.35.050 Gateway mixed use (GMU).
(1)
Intent. The gateway mixed use district is intended to provide transitional districts in the east and west gateways to downtown Port Orchard. The district allows both mixed use, pedestrian-oriented development such as what is allowed in the DMU district along with other moderately more auto-dependent uses. Building type options include townhouse, apartment, live-work, shopfront house, single-story shopfront, mixed use shopfront, and general buildings. Gateway mixed use should be applied to the east and west of downtown and may be applied in areas designated commercial in the comprehensive plan.
(4)
The maximum hard surface coverage is 90 percent.
(Ord. 011-19 § 4 (Exh. 1); Ord. 056-19 § 13)
§ 20.35.060 Commercial corridor (CC).
(1)
Intent. The commercial corridor district is intended to serve as a commercial gateway and to take advantage of proximity to major roadways. Therefore, the quality and aesthetics of new development is very important. Building type options include live-work unit, shopfront house, single-story shopfront, mixed use shopfront and general building. The commercial corridor district should be applied along commercial corridors that serve as entrances to downtown or other pedestrian-oriented activity areas.
(4)
Maximum hard surface coverage is 70 percent.
 CC Lot Dimensions |
(Ord. 011-19 § 4 (Exh. 1); Ord. 056-19 § 14)
§ 20.35.070 Commercial heavy (CH).
(1)
Intent. Commercial heavy is intended for auto-oriented and heavy commercial uses. To help ensure compatibility, residential uses are not allowed. Building type options include single-story shopfront and general building. The commercial heavy district should be applied in areas where the existing or proposed land use pattern contains a variety of auto-oriented and heavy commercial uses and in areas designated as commercial in the comprehensive plan.
(2)
Building Types Allowed. The allowed building types are as follows:
(a)
Single-story shopfront.
(b)
General building.
(c)
Accessory buildings (POMC § 20.32.010(16)).
 CH Building Types |
(4)
Maximum hard surface coverage is 70 percent.
 CH Lot Dimensions |
(Ord. 011-19 § 4 (Exh. 1); Ord. 056-19 § 15)
§ 20.35.080 Industrial flex (IF).
(1)
Intent. IF is intended to accommodate a variety of light industrial, commercial and residential uses. To help ensure that land is reserved for employment purposes, residential uses are limited to the upper stories. Building type options include live-work, single-story shopfront, mixed use shopfront and general building. IF should be applied in industrial areas where commercial and residential uses are also desired, or where such pattern is desired in the future and in areas designated as commercial in the comprehensive plan.
(4)
Maximum hard surface coverage is 70 percent.
 IF Lot Dimensions |
(Ord. 011-19 § 4 (Exh. 1); Ord. 056-19 § 16)
§ 20.36.010 Light industrial (LI).
(1)
Intent. The light industrial district is intended to accommodate manufacturing and light industrial uses in order to promote economic viability, encourage employment growth, and limit the encroachment of nonindustrial development within established industrial areas. Development should be operated in a relatively clean and quiet manner, and should not be obnoxious to nearby residential or commercial uses. The light industrial designation should be applied in established light industrial or manufacturing areas or where such land use pattern is desired in the future and in areas designated industrial in the comprehensive plan.
(2)
Building Types Allowed. Building types (Chapter 20.32 POMC) are not applicable in the light industrial district.
 Light Industrial Buildings |
(4)
Maximum hard surface coverage is 70 percent.
 Light Industrial Lot Dimensions |
(Ord. 011-19 § 4 (Exh. 1))
§ 20.36.020 Heavy industrial (HI).
(1)
Intent. The heavy industrial district is intended to accommodate a broad range of high-impact manufacturing or industrial uses that by their nature create a nuisance, and that are not properly associated with or are not compatible with nearby residential or commercial uses. The heavy industrial designation should be applied in established heavy industrial areas or where such land use pattern is desired in the future and in areas designated as industrial in the comprehensive plan.
(2)
Building Types Allowed. Building types (Chapter 20.32 POMC) are not applicable in the heavy industrial district.
 Heavy Industrial Buildings |
(4)
Maximum hard surface coverage is 70 percent.
 Heavy Industrial Lot Dimensions |
(Ord. 011-19 § 4 (Exh. 1))
§ 20.37.010 Civic and institutional (CI).
(1)
Intent. The civic and institutional district is intended to protect civic uses that serve the surrounding neighborhoods or produce intense civic activities that do not readily assimilate into other zoning districts. Activities may include, but are not limited to, religious facilities, fraternal organizations, and schools. The civic and institutional district intends to provide for compliance with the Religious Land Use and Institutionalized Persons Act (RLUIPA). The civic and institutional district may be applied in any area of the city regardless of comprehensive plan designation.
(2)
Building Types Allowed. Building types are not applicable in the civic and institutional district.
 Civic and Institutional Buildings |
(4)
Maximum hard surface coverage is 70 percent.
 Civic and Institutional Lot Dimensions |
(5)
Principal Building Setbacks.
(a)
Primary street: 15 feet minimum (may be reduced on designated storefront and mixed designation streets, see Chapter 20.127 POMC).
(b)
Side street: 10 feet minimum (may be reduced on designated storefront and mixed designation streets, see Chapter 20.127 POMC).
(c)
Side interior: 10 feet minimum.
(d)
Rear: 10 feet minimum.
 Civic and Institutional Building Placement |
(Ord. 011-19 § 4 (Exh. 1); Ord. 033-20 § 6)
§ 20.37.020 Parks and recreation (PR).
(1)
Intent. The parks and recreation district is intended to create, preserve and enhance park land to meet the active and recreational needs of residents. The parks and recreation district is intended to provide for both improved and unimproved park land. Activities may include, but are not limited to, structures or other active, player-oriented facilities such as playgrounds, recreational fields, ballfields, sport courts, dog parks, and associated accessory facilities such as parking areas and restrooms. The parks and recreation district is also intended to accommodate buildings of a public nature such as community and recreation centers. The parks and recreation district may be applied in any area of the city regardless of comprehensive plan designation.
(2)
Building Types Allowed. Building types are not applicable in the parks and recreation district.
 Parks and Recreation Buildings |
(Ord. 011-19 § 4 (Exh. 1); Ord. 033-20 § 6)
§ 20.37.030 Public facilities (PF).
(1)
Intent. The public facilities district is intended to provide for public facility uses that serve the city and which may not readily assimilate into other zoning districts. The public facilities district may be applied in any area of the city regardless of comprehensive plan designation. The public facilities district intends to accommodate buildings of a public nature such as police, fire or EMS stations and government offices.
(2)
Building Types Allowed. Building types are not applicable in the public facilities district.
(4)
Maximum hard surface coverage is 95 percent.
 Public Facilities Lot Dimensions |
(5)
(Ord. 011-19 § 4 (Exh. 1); Ord. 033-20 § 6; Ord. 059-21 § 6)
§ 20.38.200 McCormick Village overlay district (MVOD) boundary.
A McCormick Village overlay district (MVOD) is hereby established within the neighborhood core of the McCormick Village subarea as illustrated in Figure 20.38.200.
Figure 20.38.200 – The MVOD Boundary  |
(Ord. 060-21 § 8; Ord. 008-25 § 7 (Exh. F))
§ 20.38.205 MVOD purpose.
The purpose of the McCormick Village overlay district (MVOD) is to implement the McCormick Urban Village subarea plan and enable compact, walkable urban development within the subarea's neighborhood core.
(Ord. 060-21 § 8; Ord. 008-25 § 7 (Exh. F))
§ 20.38.210 MVOD applicability.
The standards of the MVOD shall apply to lands within the MVOD neighborhood core boundary as shown in Figure 20.38.200.
(Ord. 060-21 § 8; Ord. 008-25 § 7 (Exh. F))
§ 20.38.215 MVOD conflicts.
Where a conflict exists between this chapter and other chapters, this chapter shall control.
(Ord. 060-21 § 8; Ord. 008-25 § 7 (Exh. F))
§ 20.38.220 MVOD land use.
§ 20.38.225 MVOD building types.
(1)
No new building may be erected within the MVOD except in conformance with this section.
(2)
Building Types. Building types only as listed in subsection (3) of this section, and as described in Chapter 20.32 POMC, shall be permitted within the MVOD. Buildings shall comply with the development standards described in the building type description in Chapter 20.32 POMC, but shall rely on the development standards within POMC § 20.38.230 regardless of zoning designation. Buildings shall comply with the design standards as established in Chapters 20.127 and 20.139 POMC as applicable to the building type. Buildings shall comply with architectural variation requirements in POMC § 20.139.035.
Exception: Minimum Ground Story Height for Single-Story Shopfronts and Mixed Use Shopfronts. The minimum ground story height for single-story and mixed use shopfront buildings within the MVOD shall be 10 feet. Story height shall be measured in accordance with POMC § 20.40.050(5), from the top of the finished floor to the ceiling above.
(3)
MVOD Building Type Zoning Matrix Key.
(a)
Permitted Building Type (P). Indicates a building type is permitted in the zoning designation.
(b)
Building Type Not Permitted (--). Indicates a building type is not permitted in the zoning designation.
Building Types | Zoning Designation | ||
|---|---|---|---|
Residential 3 | Neighborhood Mixed Use | Commercial Mixed Use | |
Detached House | P | P | -- |
Backyard Cottage | P | P | -- |
Carriage House | P | P | P |
Cottage Housing | P | P | -- |
Duplex | P | P | -- |
Stacked Flat | P | P | -- |
Townhouse | P | P | P |
Triplex | P | P | -- |
Fourplex | P | P | -- |
Fiveplex | P | P | -- |
Sixplex | P | P | -- |
Apartment | P | P | P |
Forecourt Apartment | P | P | P |
Courtyard Apartment | P | P | -- |
Live-Work | -- | P | P |
Single-Story Shopfront | -- | -- | P |
Mixed Use Shopfront | -- | -- | P |
Accessory Building | P | P | P |
(Ord. 060-21 § 8; Ord. 003-24 § 1; Ord. 008-25 § 7 (Exh. F))
§ 20.38.230 MVOD development standards by district.
(1)
Lot and Placement.
 |
Lot Area | ||
|---|---|---|
Residential 3 | 2,500 sq. ft. minimum | C |
Neighborhood Mixed Use | Set by district | C |
Commercial Mixed Use | Set by district | C |
Lot Width | ||
|---|---|---|
Residential 3 | Set by district | B |
Neighborhood Mixed Use | Set by district | B |
Commercial Mixed Use | Set by district | B |
Lot Coverage | ||
|---|---|---|
Residential 3 | Set by district | C |
Neighborhood Mixed Use | Set by district | C |
Commercial Mixed Use | Set by district | C |
Principal Building Setback | ||||
|---|---|---|---|---|
Residential 3 | Neighborhood Mixed Use | Commercial Mixed Use | ||
Primary street | 5 ft. min./15 ft. max. | 3 ft. min./15 ft. max. | 0 ft. min./15 ft. max. | D |
Side street | 5 ft. min. | 5 ft. min. | 5 ft. min. | E |
Side interior | 3 ft. min. | 5 ft. min. | 5 ft. min. | F |
Rear/alley | 5 ft min./0 ft | 5 ft min./0 ft | 5 ft min./0 ft | G |
Accessory Building Setbacks | ||||
|---|---|---|---|---|
Residential 3 | Neighborhood Mixed Use | Commercial Mixed Use | ||
Primary street | Behind the front wall of the principal building | Behind the front wall of the principal building | Behind the front wall of the principal building | D |
Side street | 5 ft. min. | 5 ft. min. | 5 ft. min. | E |
Side interior | 0 ft. min. | 0 ft. min. | 0 ft. min. | F |
Rear/alley | 5 ft. min., 0 ft. from alley | 5 ft. min., 0 ft. from alley | 5 ft. min., 0 ft. from alley | G |
Building Separation | 10 ft. min. | 10 ft. min. | 10 ft. min. | |
(2)
Height and Form.
 |
Building Height | ||||
|---|---|---|---|---|
Residential 3 | Neighborhood Mixed Use | Commercial Mixed Use | ||
Principal Building | Set by district | Set by district | Set by district | A |
Accessory Building | Set by district | Set by district | Set by district | B |
Building Elements | ||||
|---|---|---|---|---|
Residential 3 | Neighborhood Mixed Use | Commercial Mixed Use | ||
Principal Building | Set by building type. Refer to Chapter 20.32 POMC | Set by building type. Refer to Chapter 20.32 POMC | Set by building type. Refer to Chapter 20.32 POMC | C, D |
Accessory Building | Set by building type. Refer to Chapter 20.32 POMC | Set by building type. Refer to Chapter 20.32 POMC | Set by building type. Refer to Chapter 20.32 POMC | C, D |
(3)
Build-to Zone.
 |
Build-to-Zone* | ||
|---|---|---|
Residential 3 | Set by district | J, K |
Neighborhood Mixed Use | Set by district | J, K |
Commercial Mixed Use | Set by district | J, K |
Notes: |
|---|
* Does not apply to McCormick Village Drive or Old Clifton. |
(Ord. 060-21 § 8; Ord. 003-24 § 2; Ord. 008-25 § 7 (Exh. F))
§ 20.38.235 MVOD detached accessory dwelling units.
Repealed by Ord. 038-22.
(Ord. 060-21 § 8)
§ 20.38.240 MVOD building elements.
Where required by building types, building elements shall be provided consistent with the requirements provided in Chapter 20.122 POMC.
(Ord. 060-21 § 8; Ord. 003-24 § 3; Ord. 008-25 § 7 (Exh. F))
§ 20.38.245 MVOD sign code.
(1)
Permanent signs within the MVOD shall comply with the requirements of Chapter 20.132 POMC except POMC § 20.132.040(7).
(2)
Up to two subdivision freestanding entryway monument signs may be permitted in the subarea within 200 feet of the intersection of McCormick Village Drive and Old Clifton Road. Subdivision freestanding entryway monument signs shall not exceed 200 square feet per sign nor six feet in height and shall be allowed in addition to other freestanding signs under POMC § 20.132.210 and shall be exempt signage for the purposes of calculating aggregate signage allowance limits in POMC § 20.132.050(4)(b)(i).
(Ord. 060-21 § 8; Ord. 008-25 § 7 (Exh. F))
§ 20.38.250 MVOD lot and road layout.
(1)
Resultant lot and road layouts shall meet the minimum standards described in Chapter 20.100 POMC except that the minimum roadway network connectivity index described in POMC § 20.100.020 shall be 1.7 or greater.
(2)
All detached houses shall be provided vehicular access via an alley or private access tract.
(3)
Middle housing building types may be accessed via a primary street subject to the requirements of POMC § 20.124.090.
(4)
Sight triangle at intersections shall be preserved subject to review and approval by the city engineer or designee prior to the issuance of a building permit.
(Ord. 060-21 § 8; Ord. 008-25 § 7 (Exh. F))
§ 20.38.260 MVOD road standards.
Compact, walkable urban environments require a different road standard than what is typical of historic automobile-oriented development and which may differ than the adopted Public Works Engineering Standards and Specifications (PWESS). The city engineer may approve deviations to the PWESS provided the applicant adequately demonstrates that the alternative design satisfies the following criteria:
(1)
The deviation results in a safe design for all road users;
(2)
The deviation provides the same or greater level of functionality;
(3)
The deviation does not create an adverse impact to the environment; and
(4)
The deviation results in a design which provides at least the same level of maintainability.
(Ord. 060-21 § 8; Ord. 008-25 § 7 (Exh. F))
§ 20.38.270 MVOD off-street parking standards.
(1)
Off-street parking requirements within the MVOD shall meet the minimum standards described in Chapter 20.124 POMC, except that for residential uses POMC § 20.124.140 shall not apply.
(a)
Vehicle parking minimum quantities for residential uses within the MVOD shall be provided in accordance with Table 20.38.270.
Table 20.38.270 | ||
|---|---|---|
Land Use | Unit of Measure | Minimum Parking Requirement |
Single-family detached (including manufactured homes, mobile homes) | Per dwelling | 1 available space within 1,000 ft. of site |
Backyard cottage | Per dwelling | N/A |
Carriage house | Per dwelling | 1 available space within 1,000 ft. of site |
Two-family | Per dwelling | 1 available space within 1,000 ft. of site |
Single-family attached houses | Per dwelling | 1 available space within 1,000 ft. of site |
Multifamily: | ||
Studio – 3+ bedroom | Per dwelling | 1 on-site space |
Multifamily accessory dwelling unit | Per dwelling | 1 available space within 1,000 ft. of site |
Boarding house | Per bedroom | 0.5 |
Congregate living facilities | Per bedroom | |
Lodging house | ||
Group home (up to 8 residents), except as follows: | Per bedroom | 0.5 |
Adult family home | Per adult family home | 2 |
All group living (9 or more residents) | Per bed | 0.5 |
All social service | Per bed/per 300 sq. ft. office | 0.5 per bed and 1 per 300 sq. ft. office |
(Ord. 060-21 § 8; Ord. 003-24 § 4; Ord. 008-25 § 7 (Exh. F))
§ 20.38.280 MVOD tree canopy standards.
(1)
Development within the MVOD shall not be subject to the significant tree standards described in Chapter 20.129 POMC. Development within the MVOD shall be subject to the standards described herein.
(2)
Tree canopy requirements shall apply to new development within the MVOD. The following activities are exempt from the tree canopy requirements of this section:
(a)
Removal of any hazardous, dead or diseased trees, and as necessary to remedy an immediate threat to person or property as determined by a letter from a qualified arborist;
(b)
Construction or maintenance of public or private road network elements, and public or private utilities including utility easements not related to development;
(c)
Construction or maintenance of public parks and trails; and
(d)
Pruning and maintenance of trees.
(3)
All significant trees within any perimeter landscaping requirement, critical area protection areas and required buffers shall be retained, except for trees exempted by subsection (2) of this section.
(4)
Development shall meet a minimum 25 percent tree canopy coverage except as provided in subsections (6) and (9) of this section. On sites that do not meet this requirement through existing tree canopy or where an applicant removes the existing tree canopy, new plantings shall be planted pursuant to subsections (6) through (8) of this section. For sites requiring new plantings to attain the required tree canopy percentage, tree canopy coverage requirements shall be calculated according to projected growth at 20 years maturity consistent with Table 20.38.280.
(a)
Tree canopy shall include all evergreen and deciduous trees six feet in height or greater, excluding invasive species or noxious weeds, within the gross site area.
(b)
Existing or planted tree canopy may include street trees and may be located within perimeter landscaping, site landscaping, critical area protection areas and required buffers, and open space tracts or easements.
(5)
Site tree canopy shall be measured according to Table 20.38.280. Calculation of existing and new tree canopy shall be submitted in writing by a qualified landscape designer, arborist, or a licensed land surveyor.
Table 20.38.280 – Measuring Tree Canopy | ||
|---|---|---|
Existing Canopy | New Canopy | |
Option 1 Tree Survey | Option 2 Aerial Estimation | 20-Year Canopy Calculation |
• Measure average canopy radius (r) for each tree to be retained • Calculate existing canopy area using the formula: Canopy area (CA) = Πr2 • Total the sum of tree canopy areas and divide by gross site area to obtain canopy coverage percentage | • Obtain aerial imagery of site • Measure site boundaries • Measure canopies of individual trees or stand area using leading edges as the forest boundary • Divide total canopy measurement by the gross site area to obtain canopy coverage percentage | For each proposed species: • Calculate radius (r) of canopy at 20 years maturity • Calculate canopy coverage using the formula: CA = Πr2 • Multiply by the proposed quantity to be planted to obtain total species canopy area • Total the sum of species canopy area for all proposed species and divide by gross site area to obtain 20-year canopy coverage percentage |
(6)
To assist in the preservation and retention of significant trees and existing tree canopy outside of critical area protection areas and required buffers and perimeter landscaping, the applicant may utilize the following credits:
(a)
Individual significant trees retained on site shall be counted at 125 percent of their actual canopy area.
(b)
For clusters or stands of five or more trees, each tree shall be counted at 150 percent of its actual canopy area.
(c)
For clusters or stands of five or more significant trees, each tree shall be counted at 200 percent of its actual canopy area.
(d)
Retained trees located within no more than 20 feet of a rain garden or a bio-swale on site shall be counted at 150 percent of their actual canopy area.
(7)
In addition to the requirements of subsections (6) through (8) of this section, trees planted to meet tree canopy requirements shall meet the following criteria:
(a)
Sites must be planted or replanted with a minimum of 50 percent evergreen species, except:
(i)
The evergreen portion of the required planting mix may be reduced to 37.5 percent when the deciduous mix contains exclusively indigenous species to the Puget Sound region, not including alder; and
(ii)
Sites obtaining tree canopy requirements solely through street trees are exempt from the requirement to include evergreen species in the planting mix;
(b)
Sites requiring planting or replanting of tree canopy must plant no more than 30 percent of trees from the same species and no more than 60 percent of trees from the same taxonomic family.
(c)
Replacement trees shall be planted in locations appropriate to the species' growth habit and horticultural requirements.
(d)
When preparing the landscaping plan, applicants are encouraged to meet the tree canopy requirement by conserving existing tree canopy including significant trees and other vegetation located on the site and place new plantings in protected areas (such as street trees, perimeter landscaping, open spaces and critical area protection areas and required buffers) at healthy spacing densities before placing trees within individual lots or yards; and
(e)
Replacement trees shall be located in such a manner to minimize damage to trees or structures on the project site and on properties adjoining the project site.
(8)
The following tree protection measures shall be taken during clearing or construction:
(a)
Tree protective fencing shall be installed along the outer edge of the drip line surrounding the trees retained in order to protect the trees during any land disturbance activities, and fencing shall not be moved to facilitate grading or other construction activity within the protected area;
(b)
Tree protective fencing shall be a minimum height of three feet, visible and of durable construction; orange polyethylene laminar fencing is acceptable; and
(c)
Signs must be posted on the fence reading "Tree Protection Area."
(9)
An applicant may reduce the tree canopy requirements by no more than five percent through a landscape modification when all of the following criteria are met:
(a)
The applicant demonstrates in writing that they have made a good faith effort to comply with the tree canopy requirements within the physical constraints of the site by:
(b)
The applicant proposes to plant additional understory vegetation or ground cover area, excluding lawn cover, invasive species or noxious weeds, to fulfill the remaining canopy requirement not met by retention or replanting of tree canopy; and
(c)
When critical areas protection area buffers exist on site and those buffers are not highly functioning, the applicant proposes to enhance the buffers by removing invasive species and noxious weeds and/or planting vegetation indigenous to the Pacific Northwest, spaced for maximum survivability.
(10)
Retained significant trees, trees planted as replacements for significant trees, and trees planted to meet requirements in subsection (3) of this section may not be removed except when determined in writing by a certified arborist to constitute a hazard.
(11)
Any significant trees identified in a landscape plan to be retained and subsequently damaged or removed during site development shall be replaced at a rate of three trees for each one damaged or removed significant tree.
(Ord. 060-21 § 8; Ord. 008-25 § 7 (Exh. F))
§ 20.38.285 Building design.
(Ord. 003-24 § 5; Ord. 008-25 § 7 (Exh. F))
§ 20.38.290 MVOD architectural variety.
(1)
Purpose. The purpose of this section is to ensure architectural variety in developments by accommodating various architectural styles, design elements, and facade elevations for certain building types. Buildings constructed in the MVOD shall comply with the architectural variety requirements of POMC § 20.139.035.
(Ord. 003-24 § 6; Ord. 008-25 § 7 (Exh. F))
§ 20.38.300 Ruby Creek overlay district boundary.
A Ruby Creek overlay district is hereby established with boundaries as shown below:
 Figure 20.38.300: The Ruby Creek Overlay District Boundary |
(Ord. 028-20 § 5)
§ 20.38.305 Purpose.
The purpose of the Ruby Creek overlay district (RCOD) is to implement the goals and policies of the Ruby Creek subarea plan as adopted in the city's comprehensive plan.
(Ord. 028-20 § 5)
§ 20.38.310 Applicability.
The standards of the RCOD shall apply to lands within the RCOD boundary as shown on the map in POMC § 20.38.300.
(Ord. 028-20 § 5)
§ 20.38.315 Conflicts.
§ 20.38.320 Land use.
The land use table and restrictions in Chapter 20.39 POMC shall control for allowed uses in the RCOD except that the uses in the following table shall be permitted or conditionally permitted as follows:
Specific Use | R1 | R3 | GB | CMU | DMU | CC | CH | PR | CI |
|---|---|---|---|---|---|---|---|---|---|
Transit park and ride lot | – | – | – | C | – | C | C | – | C |
Surface parking: commercial parking, commuter lease parking or park and ride, remote parking | – | – | – | – | – | – | – | – | – |
Commercial parking garage – standalone | – | – | – | – | – | – | – | – | – |
Brewery, distillery under 5,000 square feet | – | – | – | C | P | – | – | – | – |
Brewery, distillery 5,001 – 15,000 square feet | – | – | – | C | C | – | – | – | – |
Drive-through facility (principal or accessory use) | – | – | – | – | – | P | P | – | – |
Low impact outdoor storage (accessory use) | – | – | – | – | – | – | P | – | – |
(Ord. 028-20 § 5)
§ 20.38.330 Building height.
Repealed by Ord. 008-25.
(Ord. 028-20 § 5)
§ 20.38.600 Height overlay district (HOD).
A height overlay district (HOD) is hereby established with boundaries as shown on Figure 20.38.640(1)(a) – Height Overlay District Map.
(Ord. 011-19 § 5 (Exh. 2); Ord. 008-25 § 7 (Exh. F))
§ 20.38.610 HOD intent.
The intent of the height overlay district (HOD) is to establish uniform regulations for building height in designated areas to implement adopted subarea plans, support the centers strategy outlined in the city of Port Orchard comprehensive plan land use element, and promote orderly development. The HOD allows for increased building heights in designated centers to accommodate greater densities consistent with adopted subarea plans while ensuring compatibility with surrounding land uses.
The provisions of the HOD are intended to balance development opportunities with the protection of scenic views, access to light, and the preservation of property values. The HOD establishes specific height measurement methods that account for variations in topography where applicable. These regulations are intended to ensure that new development contributes positively to the overall health, safety, and welfare of the community.
The HOD applies to the following designated centers: Downtown Port Orchard Countywide Center, Bethel-Lund Countywide Center, Sedgwick-Bethel Countywide Center, and Sedgwick-Sidney (Ruby Creek Neighborhood) Countywide Center.
(Ord. 011-19 § 5 (Exh. 2); Ord. 030-21 § 6; Ord. 008-25 § 7 (Exh. F))
§ 20.38.620 HOD applicability.
No new building or modification of an existing building may be permitted in the HOD unless it complies with the height limits established in this chapter.
(Ord. 011-19 § 5 (Exh. 2); Ord. 008-25 § 7 (Exh. F))
§ 20.38.630 HOD conflicts.
Where the requirements of this chapter conflict with another chapter, the more restrictive requirement shall control.
(Ord. 011-19 § 5 (Exh. 2); Ord. 008-25 § 7 (Exh. F))
§ 20.38.640 HOD height limits.
(2)
HOD Height Bonus.
(a)
Within the Downtown Port Orchard Countywide Center, a 10-foot (one story) height bonus not to exceed 20,000 feet in area may be granted to exceed the applicable maximum height provided in subsection (1)(a) of this section if the applicant agrees to construct and operate (or lease to an operator) a grocery store in the same building for which the bonus is sought, with the grocery store space measuring at least 10,000 square feet in area. In addition to the 20,000-square-foot bonus limit, the area of this additional 10 feet of building height shall not exceed 95 percent of the area of the floor immediately below this bonus height (floor). Any height bonus shall require a development agreement between the developer and the city that provides assurances to the city guaranteeing that the ground floor commercial space will be developed and operated as a grocery store upon project completion.
(3)
HOD Height Zone Map. The height zones described in this section shall be applied as reflected on the HOD Height Zone Map as shown in Figures 20.38.640(1)(a) through 20.38.640(1)(e).
 Figure 20.38.640(1)(a) – Height Overlay District Map |
 Figure 20.38.640(1)(b) – Height Overlay District Map: Downtown Port Orchard Countywide Center |
 Figure 20.38.640(1)(c) – Height Overlay District Map: Bethel-Lund Countywide Center |
 Figure 20.38.640(1)(d) – Height Overlay District Map: Sedgwick-Bethel Countywide Center |
 Figure 20.38.640(1)(e) – Height Overlay District Map: Sedgwick-Sidney (Ruby Creek Neighborhood) Countywide Center |
(Ord. 011-19 § 5 (Exh. 2); Ord. 030-21 § 7; Ord. 008-25 § 7 (Exh. F))
§ 20.38.650 HOD height measurement.
Building heights shall be measured one of two ways based on whether the parcel to be developed abuts Bay Street or whether it does not abut Bay Street.
(1)
Building heights for lots abutting Bay Street shall be measured from the average grade of the property line that abuts Bay Street rather than from the grade plane as defined in Chapter 20.12 POMC (see "building height" and "grade plane"). If this property line is below the city's minimum flood elevation or forecasts for sea level rise, the property line may be elevated to the required minimum ground floor flood elevation for the purpose of measuring height.
(Ord. 011-19 § 5 (Exh. 2); Ord. 030-21 § 8; Ord. 008-25 § 7 (Exh. F))
§ 20.38.660 HOD variances.
Property owners may seek variances from the building height standards imposed under the HOD pursuant to Chapter 20.28 POMC, Variances.
(Ord. 011-19 § 5 (Exh. 2); Ord. 008-25 § 7 (Exh. F))
§ 20.38.670 HOD map amendments.
Property owners seeking to modify the boundaries of the HOD or the HOD Height Zone Map in POMC Figure 20.38.640(1) may do so by a site-specific rezone pursuant to Chapter 20.42 POMC, Site-Specific Rezones.
(Ord. 011-19 § 5 (Exh. 2); Ord. 008-25 § 7 (Exh. F))
§ 20.38.700 Self storage overlay district (SSOD).
A self storage overlay district (SSOD) is hereby established with boundaries as shown on Figure 2.
 Figure 2: SSOD Map Included Parcels |
(Ord. 011-19 § 5 (Exh. 2); Ord. 028-20 § 6)
§ 20.38.710 SSOD intent.
The intent of the self storage overlay district (SSOD) is to limit self-storage uses to areas of the city where the creation of self-storage facilities will not disrupt the creation of new neighborhoods and will allow for the development of mixed use centers. The SSOD identifies locations where self-storage uses will be of a minimum impact, as shown on Figure 2.
(Ord. 011-19 § 5 (Exh. 2))
§ 20.38.720 SSOD applicability.
No new self-storage facility or expansion of an existing self-storage facility shall be permitted except within the boundaries of the SSOD.
(Ord. 011-19 § 5 (Exh. 2))
§ 20.38.730 SSOD conflicts.
Where the requirements of this chapter conflict with another chapter, the more restrictive requirement shall control.
(Ord. 011-19 § 5 (Exh. 2))
§ 20.38.740 SSOD map amendments.
Property owners seeking to modify the boundaries of the SSOD as shown on Figure 2 may do so by a site-specific rezone pursuant to Chapter 20.42 POMC, Site-Specific Rezones.
(Ord. 011-19 § 5 (Exh. 2))
§ 20.38.800 View protection overlay district (VPOD).
A view protection overlay district is hereby established to include certain property as shown on Figure 3 below.
 Figure 3: View Protection Overlay District included parcels. |
(Ord. 011-19 § 5 (Exh. 2))
§ 20.38.810 VPOD intent.
The intent of the view protection overlay district (VPOD) is to implement the downtown subarea plan, protect scenic views on north facing slopes in the vicinity of Sinclair Inlet, protect property values, provide access to light, and otherwise protect the general health, safety, and welfare of the community. The intent of the VPOD is to be achieved by establishing height limits for buildings and by establishing a method of measuring buildings that is different than the methods used elsewhere in this title to recognize the generally sloping characteristics of the overlay district.
(Ord. 011-19 § 5 (Exh. 2); Ord. 030-21 § 9)
§ 20.38.820 VPOD applicability.
No new building or modification of an existing building may be permitted in the VPOD unless it complies with the height limits established in this chapter.
(Ord. 011-19 § 5 (Exh. 2))
§ 20.38.830 Conflicts.
Where the requirements of this chapter conflict with another chapter, the more restrictive requirement shall control.
(Ord. 011-19 § 5 (Exh. 2))
§ 20.38.840 VPOD height limits.
Building heights in the VPOD shall be restricted by building type as follows:
(1)
Detached house: 15 feet.
(2)
Backyard cottage: 15 feet.
(3)
Cottage court: 15 feet.
(4)
Duplex: side-by-side: 15 feet.
(5)
Duplex: back-to-back: 15 feet.
(6)
Attached house: 15 feet.
(7)
Fourplex: 15 feet.
(8)
Townhome: 15 feet.
(9)
Apartment: 15 feet.
(10)
Live-work: 15 feet.
(11)
Shopfront house: 15 feet.
(12)
Single-story shopfront: 15 feet.
(13)
Mixed use shopfront: 27 feet.
(14)
General building: 27 feet.
(15)
Accessory building: 15 feet.
(Ord. 011-19 § 5 (Exh. 2))
§ 20.38.850 VPOD height measurement.
Building height in the VPOD shall be measured from the average uphill property line elevation rather than from the grade plane as described in Chapter 20.12 POMC, Definitions (see definitions for "building height" and "grade plane").
(Ord. 011-19 § 5 (Exh. 2))
§ 20.38.860 VPOD variances.
Property owners may seek variances from the building height standards imposed under the VPOD pursuant to Chapter 20.28 POMC, Variances.
(Ord. 011-19 § 5 (Exh. 2))
§ 20.38.870 VPOD map amendments.
Property owners seeking to modify the boundaries of the VPOD may do so by a site-specific rezone pursuant to Chapter 20.42 POMC, Site-Specific Rezones.
(Ord. 011-19 § 5 (Exh. 2))
§ 20.38.880 VPOD landscaping.
When landscaping (excluding street trees in the right-of-way) is required as a condition of development on a project located within the VPOD, plant selections as reflected on a landscaping plan shall not exceed a height of 15 feet as measured from the average elevation of the uphill property line based on the expected mature height of the plants selected. The preparer of a landscaping plan for a project within the VPOD shall provide information on the expected mature plant heights for all species proposed to be planted pursuant to that landscaping plan.
(Ord. 011-19 § 5 (Exh. 2))
§ 20.40.010 Site and lot dimensions.
(1)
Site. A site is any lot or group of contiguous lots owned or controlled by the same person or entity, assembled for the purpose of a single development.
(a)
Site Area. Site area is the cumulative area of all contiguous lots that make up the site. Site area does not include existing or proposed right-of-way, whether dedicated or not dedicated to public use.
(b)
Site Width. Site width is the cumulative width of all contiguous lots that compose the site.
(c)
Site Depth. Site depth is the cumulative depth of all contiguous lots that compose the site.
(2)
Lot. A parcel of land either vacant or occupied intended as a unit for the purpose, whether immediate or for the future, of transfer of ownership, or possession, or for development.
(a)
Lot Area. Lot area is the area included within the rear, side and front lot lines. Lot area does not include existing or proposed right-of-way, whether dedicated or not dedicated to public use. Minimum lot area may not include constrained land such as wetlands, fish and wildlife habitat area, floodways and floodplains, and slopes over 25 percent which are 2,000 square feet or more of contiguous sloped area. Where on-site waste treatment is required, health department standards will determine whether minimum lot area must be increased to accommodate the on-site waste treatment system.
(b)
Lot Width. Lot width is the distance between the two side lot lines measured at the primary street property line along a straight line or along the chord of the property line on a curvilinear lot. For irregularly shaped lots or flag lots, lot width may determined by measuring the diameter of the largest circle that can be drawn within the lot's boundaries.
(c)
Lot Frontage. Every lot must abut a public or private street, or a courtyard specifically for a cottage court building type.
(d)
Lot, Flag. A lot with less length of property on a public street than is normally required, with no less than 15 feet abutting a public or private street generally intended to make deeper property accessible.
 |
(3)
Hard Surface Coverage. The area of the lot that is covered by buildings, including both principal structures, structured parking and roofed accessory structures, including gazebos. Hard surface coverage also includes paved and gravel areas such as driveways, walkways, uncovered porches or patios, decks, swimming pools, parking lots, and roof overhangs of over two feet, driveways, walkways, steps, terraces and uncovered decks.
(Ord. 011-19 § 4 (Exh. 1))
§ 20.40.020 Building setbacks.
(1)
Type of Setbacks. There are four types of setbacks – primary street, side street, side interior and rear. Building setbacks apply to both principal and accessory buildings or structures except where it is explicitly stated otherwise.
(2)
Measurement of Setbacks.
(a)
The primary street setback is measured at a right angle from the primary street right-of-way line, or, from the proposed boundary line of a right-of-way acquisition area if area is included in an approved right-of-way acquisition plan.
(b)
On corner lots, the side street setback is measured at a right angle from the side street right-of-way line.
(c)
The rear setback is measured at a right angle from the rear property line or the rear right-of-way or easement line where there is an alley. The rear property line is the property line opposite to the primary street property line. Where there is more than one primary street, the director will determine the rear property line based on the criteria in subsection (4) of this section.
(d)
All lot lines which are not primary street, side street or rear lot lines are considered side interior lot lines for the purpose of measuring setbacks. Side interior setbacks are measured at a right angle from the side property line.
(3)
Irregular Shaped Lots. The director will determine setbacks for irregularly shaped lots.
 |
(4)
Primary/Side Street Designation.
(a)
Where only one street abuts a lot, that street is considered a primary street.
(b)
A multiple street frontage lot must designate at least one primary street. A lot may have more than one primary street. The director will determine which streets are primary streets based on (where applicable):
(i)
The street or streets with the highest classification (highest classification is principal arterial, lowest is local access);
(ii)
The established orientation of the block;
(iii)
The street or streets abutting the longest face of the block;
(iv)
The street or streets parallel to an alley within the block;
(v)
The street that the lot takes its address from; and
(vi)
The pedestrian orientation of adjacent or abutting development, existing or proposed.
(5)
Primary Setback Averaging. The primary street setback requirements for principal buildings in R1, R2, R3, R4, R5, and R6 zones may be averaged as follows:
(a)
The proposed building must be located within the range of primary street setbacks, no closer than the smallest setback in the range and no further than the largest setback in the range.
(b)
On an interior lot, the range of setbacks is measured on the basis of the two closest lots in either direction along the block face.
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(c)
On a corner lot, the range of setbacks is measured on the basis of the three closest lots along the block face.
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(d)
Where the calculation cannot be applied to at least four lots on an interior lot or three lots on a corner lot, the building must meet the district standards.
(Ord. 011-19 § 4 (Exh. 1))
§ 20.40.030 Build-to zone.
(1)
Build-to Zone. The build-to zone is the area on the lot where a certain percentage of the front building facade must be located, measured as a minimum and maximum setback range from the edge of the right-of-way.
(2)
Build-to Zone on Interior Lots. The required percentage specifies the amount of the front building facade that must be located in the build-to zone, measured based on the width of the building divided by the width of the lot.
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(3)
Build-to Zone on Corner Lots. On a corner lot, a building facade must be placed within the build-to zone for the first 30 feet along the street extending from the block corner, measured from the intersection of the two right-of-way lines.
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(4)
Build-to Zone – Uses Allowed. With the exception of parking spaces and outdoor storage, all structures and uses (including outdoor dining) allowed on the lot are allowed in the build-to zone.
(5)
The director may reduce the build-to-zone percentage requirements where any combination of landscape buffer requirements, minimum driveway width requirements, critical area requirements, or other regulatory limitations result in unachievable build-to-zone requirements. An example of a situation that would warrant a build-to-zone percentage reduction is shown below:
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(Ord. 011-19 § 4 (Exh. 1); Ord. 056-19 § 18)
§ 20.40.040 Setback encroachments.
(1)
All buildings and structures must be located at or behind the required setbacks, except as listed in subsections (2) through (5) of this section, and in accordance with applicable building codes. No building or structure may extend into a required easement or public right-of-way (except by written agreement with the city council or through an approved street vacation).
(2)
Building Features.
(a)
Porches, stoops, balconies, galleries and awnings/canopies may extend into a required primary or side street setback as stated in Chapter 20.122 POMC.
(b)
Building eaves, roof overhangs, gutters, downspouts, light shelves, bay windows and oriels less than 10 feet wide, cornices, belt courses, sills, buttresses or other similar architectural features may encroach up to three feet into a required setback; provided, that such extension is at least two feet from the vertical plane of any lot line.
(c)
Chimneys or flues may encroach up to four feet; provided, that such extension is at least three feet from the vertical plane of any lot line.
(d)
Unenclosed patios, decks, balconies, stoops, porches, terraces or fire escapes may encroach into a side interior or rear setback; provided, that such extension is at least three feet from the vertical plane of any lot line.
(e)
Handicap ramps may encroach to the extent necessary to perform their proper function.
(f)
Structures below and covered by the ground may encroach into a required setback.
(3)
(4)
Low Impact Stormwater Features.
(a)
Low impact stormwater management features may encroach into a primary street setback (but not into the sidewalk), side interior setback, or rear setback including, but not limited to:
(5)
Mechanical Equipment and Utility Lines.
(a)
Mechanical equipment associated with residential uses, such as HVAC units, swimming pool pumps or filters, and security lighting, may encroach into a side interior or rear setback; provided, that such extension is at least three feet from the vertical plane of any lot line.
(b)
Minor structures accessory to utilities (such as hydrants, manholes, and transformers and other cabinet structures and related fences) may encroach into a required rear or side setback.
(c)
Minor utilities below and covered by the ground may encroach into a required setback.
(Ord. 011-19 § 4 (Exh. 1))
§ 20.40.050 Height.
(1)
Building Height.
(a)
This section shall apply to all development in the city except for development in the view protection overlay district. This section shall not apply to signs.
(b)
Building height is regulated in both number of stories and feet and is measured from the grade plane to the mean height level between the eaves and ridge of a gable, hip, mansard, or gambrel roof or to the highest point of roof surface of a flat roof.
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(c)
Average grade is determined by calculating the average of the highest and lowest elevation along natural or improved grade (whichever is more restrictive) along the front of the building parallel to the primary street setback line.
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(d)
Where a lot slopes downward from the front property line, one story that is additional to the specified maximum number of stories may be built on the lower, rear portion of the lot.
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(e)
A half story has less than 50 percent of the attic floor area with a clear height of seven feet or more; measured from the finished floor to the finished ceiling. If more than 50 percent of the attic floor area has a clear height of seven feet or more, it shall be considered a full story.
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(f)
A basement with 50 percent or more of its perimeter wall area surrounded by natural grade is not considered a story.
(2)
Height Encroachments. Any height encroachment not listed below is prohibited except where the director determines that the encroachment is similar to a permitted encroachment listed below.
(a)
The maximum height limits of the district do not apply to a spire, belfry, cupola, dome, or other similar feature that does not contain conditioned space and is not intended for human occupancy, or public utility facilities which by design or function must exceed the established height limits.
(b)
The following may exceed the established height limit of the district provided they do not exceed the maximum height by more than six feet:
(c)
The following may exceed the established height limits provided they do not exceed the maximum building height by more than 10 feet, do not occupy more than 25 percent of the roof area, and are set back at least 10 feet from the edge of the roof:
(3)
Ground Floor Elevation. Ground floor elevation is the height of the ground floor relative to the height of the sidewalk and is measured from top of the abutting curb, or from the crown of the road where no curb exists, to the top of the finished ground floor.
(a)
Minimum ground floor elevation applies to the first 20 feet of the lot measured from the right-of-way line.
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(4)
Story Height.
(a)
Story height is the height of each story of building and it is measured from the top of the finished floor to the ceiling above.
(b)
Minimum ground story height applies to the first 30 feet of the building measured inward from the interior wall of the primary street-facing facade. At least 50 percent of the ground story must meet the minimum height provisions.
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(Ord. 011-19 § 4 (Exh. 1))
§ 20.40.060 Neighborhood compatibility.
(1)
Height Plane. A height plane is required when a building taller than 35 feet is located on a lot that abuts another lot with a R1, R2, or R6 zoning designation. In such situations, a building cannot extend into a 45-degree angular plane projecting over the subject property measured from a height of 35 feet at the side interior or rear setback line. One foot of additional setback is required for every foot of height above 35 feet until the maximum height of the district is reached.
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(Ord. 011-19 § 4 (Exh. 1))
§ 20.41.010 Purpose.
The purpose of this chapter is to create a process for certification and transfer of transferable development rights from designated sending areas within Kitsap County to designated receiving areas within Port Orchard that are zoned for multifamily residential development (apartment buildings). The transfer of development rights from one property within Kitsap County to another within Port Orchard is allowed in order to provide the following:
(1)
Flexibility and efficient use of land and building techniques;
(2)
Preservation of rural character, promotion of farming areas, and provision of long-term open space opportunities; and
(3)
A mechanism to work toward achieving policies outlined in the Kitsap County countywide planning policies, Kitsap County comprehensive plan, the Port Orchard comprehensive plan and Port Orchard development regulations.
(Ord. 011-19 § 4 (Exh. 1))
§ 20.41.020 Authority.
The transfer of transferable development rights ("TDR") system for Port Orchard is established. The base residential density of a sending site within Kitsap County may be transferred and credited to a receiving site within the city of Port Orchard in accordance with this chapter only when a TDR certificate is issued in accordance with the rules and procedures in this chapter and in Kitsap County Code Chapter 17.580.
(Ord. 011-19 § 4 (Exh. 1))
§ 20.41.030 Applicability.
This chapter supplements city and county land use regulations and other land protection efforts by establishing a TDR process, which may be employed at a landowner's option to certify and transfer development rights from an eligible sending site in Kitsap County to an eligible receiving site in Port Orchard, and which may include transfer through an open market or TDR bank. This chapter regulates the following with respect to the transfer of development rights:
(1)
Provides a conversion formula to convert county development rights into city building height bonuses;
(2)
Provides a market-based TDR implementation system based on the issuance of TDR certificates by Kitsap County that may be freely sold or otherwise transferred for use in the city of Port Orchard; and
(3)
Requires the recording of conservation easements that restrict development on sending sites within Kitsap County.
(Ord. 011-19 § 4 (Exh. 1))
§ 20.41.040 General requirements.
(1)
Development Rights. Residential development rights are considered to be interests in real property.
(2)
Transfer of Development Rights Permitted. The number of dwelling units allowed to be constructed on a sending parcel within Kitsap County under Kitsap County Code Section 17.580.050 may be transferred to a receiving parcel within the city of Port Orchard pursuant to the conversion provided in subsection (3) of this section. In approving a transfer of development rights to a receiving area within Port Orchard, the decision-maker (depending on permit type) must find that such a transfer is permitted under and consistent with the zoning applicable to the receiving property. A transfer of development rights is allowed only under the provisions in this chapter.
(3)
Transfer of Development Rights Conversion Formula. Each development right (i.e., allowed dwelling units) sent from a sending area in Kitsap County shall be worth a one-story (10-foot) height bonus measuring 2,000 square feet on the receiving property within Port Orchard. To illustrate this conversion, if a mixed use storefront building (e.g., with retail on the ground floor and apartments on higher floors) in Port Orchard is proposed with a building footprint of 20,000 square feet at four stories, but the zone allows for a height bonus pursuant to the TDR program to increase that height to five stories, the purchase of 10 development rights from Kitsap County would allow one additional 10-foot story measuring 20,000 square feet, thus increasing the allowed height of the proposed building from four to five stories.
(Ord. 011-19 § 4 (Exh. 1))
§ 20.41.050 Sending areas.
(1)
The city of Port Orchard will rely on Kitsap County sending area designations in place as of March 12, 2019, and additionally shall only accept development rights transferred from properties located in zip codes 98366, 98367, 98312, and 98359, in accordance with Kitsap County Code Chapter 17.580.
(2)
Land already encumbered by a conservation easement shall not be eligible as a TDR sending site.
(3)
Any land below ordinary high water of any fresh or saltwater body shall not be eligible as a TDR sending site.
(4)
Development rights allocated to eligible sending sites may be converted to TDR certificates which may be transferred to eligible receiving sites through the TDR transfer process. After completion of the conveyance of a sending site's development rights, the property shall be maintained in a condition that is consistent with the TDR conservation easement imposed under Kitsap County Code Section 17.580.100.
(Ord. 011-19 § 4 (Exh. 1))
§ 20.41.060 Sending site calculations.
The city of Port Orchard shall rely on Kitsap County calculations of development rights eligible for transfer from a sending site pursuant to Kitsap County Code Chapter 17.580.
(Ord. 011-19 § 4 (Exh. 1))
§ 20.41.070 Receiving areas.
The following map shows eligible TDR receiving areas in which height bonuses allowing buildings to be constructed up to eight stories not to exceed 88 feet may be constructed. The eight-story/88-foot height limit allowed for properties shown on the map supersedes the height limits in Chapters 20.34 and 20.35 POMC.
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(Ord. 011-19 § 4 (Exh. 1))
§ 20.41.080 Use of transferred development rights.
Once development rights have been obtained in accordance with Kitsap County Code Chapter 17.580, the county will issue certificate(s) certifying the number of rights purchased and the location from which the rights are being sent. Applicants seeking to use the issued Kitsap County certificate(s) shall submit the certificate(s) with their development permit application for a project to be constructed on an eligible suitably zoned property within Port Orchard. Prior to permit issuance for a project that has been approved pursuant to a TDR height bonus, the certificate shall be conveyed to the city of Port Orchard and extinguished in exchange for the approved height bonus.
(Ord. 011-19 § 4 (Exh. 1))
§ 20.42.010 Purpose and authority.
(1)
Purpose. The purpose of this chapter is to establish procedures for site-specific amendments to the city's zoning map. Site-specific rezones shall be processed as provided in this chapter and shall be consistent with the land use designations in the city's comprehensive plan. Changes to the zoning map that are city-wide, area-wide, or have area-wide significance are legislative amendments, which shall be applied for and processed pursuant to Chapters 20.04 and 20.22 POMC.
(2)
Authority. The director is authorized and directed to administer the provisions of this chapter relating to site-specific rezones. The city's hearing examiner is authorized to hold a public hearing and provide a recommendation to the city council, pursuant to the procedures included in this chapter. The city council shall issue a final decision for all site-specific, quasi-judicial rezone applications.
(Ord. 019-17 § 18 (Exh. 1))
§ 20.42.020 Application procedures.
(1)
Generally. In addition to the procedures included in this section, the director may establish additional application procedures as necessary and shall make those procedures available to the public. No site-specific rezone application shall be processed until the director determines that the information necessary to review and decide upon the application is complete. The director may reject any complete application that is clearly inconsistent with the city's comprehensive plan and will notify the applicant of the decision in writing.
(2)
Who May Apply. Only a property owner or authorized agency of a property owner may request a site-specific rezone.
Application Requirements. The following materials shall be submitted to the city for a complete site-specific rezone application. Refer to the relevant city application form for numbers of copies of each item that must be included and the type of accompanying electronic submittal that is required (if relevant).
(3)
Application Form. A completed site-specific rezone application form (including all supporting documents) with the following information:
(a)
Date, name, address, telephone number and email of the applicant;
(b)
Name, address, telephone number and email of the owner of the property identified in the application;
(c)
Legal description of the subject property;
(d)
Identification of all sections of the comprehensive plan policies and map addressing the property subject to the application, including identification of the comprehensive plan map designation;
(e)
Description of proposed development of the property under the proposed zoning designation;
(f)
Plans, information, and/or studies that accurately depict existing and proposed use(s) and improvements;
(g)
An explanation of the rationale for the proposed amendment;
(h)
An explanation of how the proposed amendment and associated development proposal(s), conform to, conflict with, or relate to the criteria and general rules set forth in POMC § 20.42.030, as applicable; and
(i)
A completed SEPA checklist including the supplement sheet for nonproject actions.
(4)
Fees. Site-specific rezone applications are subject to application and processing fees as set forth in the city's current fee resolution. Applicants may also be responsible for additional fees related to environmental analysis and review (SEPA process) if these are required by the nature of the proposed rezone.
(Ord. 019-17 § 18 (Exh. 1))
§ 20.42.030 Application review criteria.
(1)
Generally. The following general provisions shall apply to review of all site-specific rezone applications:
(a)
There is no presumption of validity favoring the action of rezoning;
(b)
The proponents of the rezone have the burden of proof to demonstrate that conditions have changed since the original zoning; and
(c)
The rezone must bear a substantial relationship to the public health, safety, morals or welfare.
(2)
Criteria for Review. In addition to the general criteria in subsection (1) of this section, the city shall review applications for site-specific rezone applications and issue approval of said applications pursuant to the following criteria:
(a)
Consistency with the existing comprehensive plan (the comprehensive plan that has been approved and is in place at the time the application was submitted);
(b)
Consistency with the purpose of the proposed zoning district;
(c)
Consistency between zone criteria and area characteristics;
(d)
Zoning history and precedential effect. Previous and potential zoning changes both in and around the area identified in the application shall be examined;
(e)
The impact of more intense zones on less intense zones or industrial and commercial zones on other zones shall be minimized by the use of transitions or buffers in the more intense zone, if possible. A gradual transition between zoning categories, including height limits, is preferred;
(f)
Physical buffers may provide an effective separation between different uses and intensities of development. The following elements may be considered as buffers:
(i)
Natural features such as topographical breaks, lakes, rivers, streams, ravines and shorelines;
(ii)
Freeways, other major traffic arterials and railroad tracks;
(iii)
Distinct change in street layout and block orientation;
(iv)
Open space and greenspaces suitable in area to mitigate against more intense uses;
(v)
Zone boundaries;
(h)
Boundaries between commercial and residential areas shall generally be established so that commercial uses face each other across the street on which they are located, and face away from adjacent residential areas. An exception may be made when physical buffers can provide a more effective separation between uses;
(i)
Impact Evaluation. The evaluation of the changes that would result from approval of the application shall consider the possible negative and positive impacts on the affected area and its surroundings. Factors to be examined include, but are not limited to, the following:
(i)
Housing;
(ii)
Public services;
(iii)
Environmental factors, such as noise, air and water quality, terrestrial and aquatic flora and fauna, glare, odor, shadows and energy conservation;
(iv)
Pedestrian safety;
(v)
Manufacturing activity;
(vi)
Employment activity;
(vii)
Character of areas recognized for architectural or historic value;
(viii)
Shoreline view, public access and recreation;
(ix)
Service Capacities. Development which can be reasonably anticipated based on the proposed development potential shall not exceed the service capacities which can reasonably be anticipated in the area, including: street access to the area; street capacity in the area; transit service; parking capacity; utility and sewer capacity; shoreline navigation;
(x)
Population and employment allocations as established through the countywide planning policies;
(xi)
Changed Circumstances. Consideration of changed circumstances shall be limited to elements or conditions included in the criteria for the relevant zone designations in the zoning code;
(xii)
Critical Areas. If the area is located in or adjacent to a critical area, the effect of the rezone on the critical area shall be considered.
(Ord. 019-17 § 18 (Exh. 1))
§ 20.42.040 Application review procedures.
(1)
Determination of Complete Application. The director shall follow the procedures in Chapter 20.24 POMC to determine if an application is complete.
(2)
Staff Report. Upon the director's determination of complete application, the director shall prepare a staff report on the proposed rezone to be presented to the hearing examiner for review and recommendation. The staff report should contain:
(3)
SEPA Review. The director or SEPA official shall conduct a SEPA review and notify applicants as to the need for a SEPA checklist and environmental impact statement. Applicants will be responsible for any fees associated with SEPA analysis.
(4)
Public Participation. The city shall provide notice and opportunity for public comment, as deemed appropriate given the nature of the proposed rezone.
(5)
Hearing Examiner. The hearing examiner shall hold a noticed public hearing on proposed site-specific rezones and make a recommendation to the city council as to whether the proposed rezone meets the criteria in POMC § 20.42.030.
(6)
City Council Action. The city council shall consider the hearing examiner's recommendation and may hold an additional hearing on the site-specific rezone application at its discretion. The city council's approval, modification, deferral, or denial of a site-specific rezone application shall be based on the criteria set forth in POMC § 20.42.030. If a quasi-judicial rezone is approved, the city council will subsequently adopt an ordinance amending the city's official zoning map to be consistent with their final decision on the rezone application.
(7)
Development Agreements. A site-specific rezone may be approved subject to the execution, delivery, and recording of a development agreement between the property owner, or the legal owner of a beneficial interest in the property to be rezoned, and the city and pursuant to Chapter 20.26 POMC. The development agreement may include restrictions upon the use and development of the property, which shall apply in addition to the development regulations in the underlying zone. Such restrictions are imposed in order to ameliorate adverse impacts that could occur from unrestricted use and development permitted by the development regulations otherwise applicable after approval of the site-specific rezone.
All restrictions imposed by the development agreement shall be directly related to the impacts that may be expected to result from the site-specific rezone. The approval of the map amendment will then be conditioned upon performance or compliance with the terms and conditions of the development agreement. The city may revoke a site-specific rezone executed with a development agreement (or take any other action allowed by law) for the property owner's failure to comply with the development agreement. An applicant proposing a site-specific rezone with a development agreement shall submit the proposed development agreement with the application materials described in POMC § 20.42.020. The city shall consolidate the processing of the quasi-judicial rezone application and proposed development agreement (see Chapter 20.26 POMC on development agreements).
(Ord. 019-17 § 18 (Exh. 1))
§ 20.42.050 Expiration.
Repealed by Ord. 059-21.
(Ord. 019-17 § 18 (Exh. 1))
§ 20.50.010 Purpose.
(1)
It is the intent of this chapter to provide a process to allow for uses that are not permitted outright within a zone. Such uses typically require a special degree of control to make sure they are consistent with the intent of the zone and compatible with other existing and permitted uses within the zone. Accordingly, these uses require a discretionary, case-by-case review and analysis for the possible imposition of conditions to mitigate the adverse effects of the use. These are identified as "conditional uses." The purpose of this chapter is to provide standards and procedures under which a conditional use may be permitted, enlarged, or altered, if the site is appropriate and if other appropriate conditions of approval can be met.
(2)
A conditional use permit shall not replace the variance procedure in Chapter 20.28 POMC or be used to permit uses that are prohibited within the zone. If a variance is desired for the same property upon which a conditional use permit is required, the variance application may be filed in conjunction with the conditional use permit application, and the two applications will be processed concurrently.
(3)
A use that was legally established but is now permitted only as a conditional use is not a nonconforming use and will be regulated as if a conditional use permit had earlier been granted.
(4)
For properties within the city's shoreline zone, the standards of the city's shoreline master program also apply, and a shoreline conditional use permit may also be concurrently required.
(Ord. 019-17 § 18 (Exh. 1))
§ 20.50.020 Administration and procedure.
(1)
The community development director is authorized and directed to administer the provisions of this chapter relating to conditional use permits.
(2)
An application for a conditional use permit shall be reviewed in accordance with Chapter 20.22 POMC as a Type III decision.
(3)
The hearing examiner shall have the authority to grant the request for approval of a conditional use permit. When considering a request for a conditional use permit, the hearing examiner shall consider the applicable criteria, standards, intent, and policies established by this chapter.
(Ord. 019-17 § 18 (Exh. 1); Ord. 017-23 § 5 (Exh. A))
§ 20.50.030 Requirements for complete application.
In addition to the requirements for a complete application as set forth in Chapter 20.24 POMC, the following materials shall be submitted to the city for a complete application for a conditional use permit. Refer to the relevant city application form for numbers of copies of each item that must be included and the type of accompanying electronic submittal that is required (if relevant).
(1)
Seven copies of a completed application form (including all supporting documents) signed by the property owner(s) and/or applicant;
(2)
Date, name, address, telephone number and email of the applicant;
(3)
Name, address, telephone number and email of the owner of the property identified in the application;
(4)
A statement that the applicant attests by written oath to the accuracy and completeness of all information submitted for an application;
(5)
A site plan meeting the requirements of the submittal checklist, which at a minimum shall include the information in POMC § 20.50.040;
(6)
Applicable filing fee(s), if any, as established in the current city of Port Orchard fee schedule and relevant deposit(s), if any, as permitted or required by other chapters or sections of the POMC;
(7)
Any additional information as required by the applicable submittal checklist or other chapters of this title for the proposed use, or as indicated by city staff at a preapplication meeting.
(Ord. 019-17 § 18 (Exh. 1))
§ 20.50.040 Site plan.
(1)
The site plan required by POMC § 20.50.030 shall include the following information:
(a)
Vicinity map;
(b)
Name, address, phone number of property owner;
(c)
Name, address, phone number of engineer or agent;
(d)
Boundaries and dimensions of property;
(e)
Adjacent public streets;
(f)
Easements, existing and proposed;
(g)
Location and size of all existing and proposed utilities;
(h)
Location of building(s), including setbacks;
(i)
Building/structure heights;
(j)
Location and layout of off-street parking;
(k)
Location and height of fences;
(l)
Locations and size of signs;
(m)
A general lighting plan showing proposed lighting types and location including proposed shielding methods. Landscape detailing including, but not limited to, type and location of vegetation, initial and mature planting sizes, and methods of irrigation.
(2)
The submitted site plan shall be adopted and be made part of any approved conditional use permit. For the duration of the conditional use permit, subsequently issued building permits and construction activity shall be in accord with the approved site plan.
(3)
Adjustments to the site plan may be approved after conditional use permit approval as follows:
(a)
Minor Adjustments. Minor adjustments to the site plan may be made and approved by the community development director or designee. Minor adjustments are those which may affect the precise dimensions or siting of buildings, but which do not affect the basic character or arrangement of buildings approved, nor the development coverage of the development or the open space requirements. Such dimensional adjustments shall not vary more than 10 percent from the original site plan. Minor adjustments may include revisions to landscaping; provided; that the landscaping plan complies with the landscape code and the permit conditions of approval.
(b)
Major Adjustments. Major adjustments are those adjustments, other than minor adjustments, when determined by the community development director or designee, that substantially change the basic design, coverage, open space or other requirements of the conditional use permit, and/or would result in noncompliance with one or more permit conditions of approval. When the community development director or designee determines a change constitutes a major adjustment, no building or other permit shall be issued for the use without prior review and approval of such adjustment pursuant to this section.
The submittal requirements and review and approval process for a major adjustment to the site plan of an approved conditional use permit shall be substantially the same as that required for the original conditional use permit. An application for major adjustment meeting the information requirements of POMC § 20.50.030 shall be submitted. At the discretion of the community development director or designee, the applicant may be able to resubmit or incorporate by reference some portions of the original conditional use permit submittal as part of the application for a major adjustment; however, the application for major adjustment shall be subject to the same submittal, fees, processing, and findings of fact requirements of this chapter for conditional use permits, as applicable.
(Ord. 019-17 § 18 (Exh. 1); Ord. 017-23 § 5 (Exh. A))
§ 20.50.050 Criteria for approval.
(1)
Hearing Examiner Findings. The hearing examiner shall not grant a conditional use permit unless the hearing examiner finds that the request meets all of the following criteria and the hearing examiner makes written findings to that effect:
(a)
That the conditional use is consistent with the objectives of the zoning code and the purpose of the zoning district in which the subject site/property is located;
(b)
Granting the conditional use will not have a substantively greater adverse effect on the health, safety or welfare of persons living or working in the area and will not be substantively more injurious, economically or otherwise, to property or improvements in the surrounding area than would any use generally permitted in the zone. Among matters to be considered are traffic flow and control, access to and circulation within the property, off-street parking and loading, refuse and service area, utilities, screening and buffering, signs, yards and other open spaces, height, bulk, and location of structures, location of proposed open space uses, hours and manner of operation, and noise, lights, dust, odor, fumes, and vibration;
(c)
The proposal is in accordance with the goals, policies, and objectives of the comprehensive plan;
(d)
The proposal complies with all requirements of this title;
(e)
The conditional use will be supported by adequate public facilities or services and will not adversely affect public services to the surrounding area, or conditions can be established to mitigate adverse impacts on such facilities; and
(f)
Existing conditions of approval required as part of a prior land division or permit shall be met.
(2)
Conditions of Approval. The hearing examiner may impose specific conditions upon the use, including increasing the standards of this title, which are found necessary to find that the required approval criteria in this section have been met. Possible conditions on use include, but are not limited to:
(a)
Limiting the hours, days, place and/or manner of operation;
(b)
Requiring site or architectural design features which minimize environmental impacts such as noise, vibration, exhaust/emissions, light, glare, erosion, odor and/or dust;
(c)
Requiring larger setback areas, lot area, and/or lot depth or width;
(d)
Limiting the building or structure height, size or lot coverage, and/or location on the site;
(e)
Designating the size, number, location and/or design of vehicle access points or parking areas;
(f)
Requiring street right-of-way to be dedicated to the public and street(s), sidewalks, bicycle facilities, curbs, planting strips, pathways or trails to be improved;
(g)
Requiring landscaping, screening, drainage, water quality features and/or improvement of parking and loading areas;
(h)
Limiting the number, size, location, height and/or lighting of signs;
(i)
Limiting or setting standards for the location, design and/or intensity of outdoor lighting;
(j)
Requiring berms, screening or landscaping and the establishment of standards for their installation and maintenance;
(k)
Requiring and designating the size, height, location and/or materials for fences; and
(l)
Requiring the protection and preservation of existing trees, soils, vegetation, watercourses, habitat areas, drainage areas, historic resources, cultural resources, and/or sensitive lands.
(3)
Denial. The director may recommend conditioning or denial of the conditional use permit application based on RCW 43.21C.060 (SEPA).[1] In addition, the hearing examiner may deny the conditional use permit if they determine that the proposed use does not meet the criteria in this section and/or is materially detrimental to the public welfare or injurious to property in the zone or vicinity in which the property is located.
[1]
In order to deny an application under SEPA, the city must find that: (1) the proposal would result in significant adverse impacts identified in a final or supplemental environmental impact statement prepared under Chapter 43.21C RCW; and (2) reasonable mitigation measures are insufficient to mitigate the identified impact. RCW 43.21C.060.
(Ord. 019-17 § 18 (Exh. 1); Ord. 017-23 § 1 (Exh. A))
§ 20.50.060 Deadline for final decision.
A conditional use permit application shall be approved, approved with conditions, remanded or denied within the time established in POMC § 20.24.110(3)(c), unless the applicant consents in writing to a longer processing time period.
(Ord. 019-17 § 18 (Exh. 1); Ord. 019-24 § 13)
§ 20.50.070 Effect of approval.
(1)
Applies to Authorized Use Only. Issuance of a conditional use permit shall be deemed to authorize only the particular use for which it is issued. If a quasi-judicial zoning map amendment that does not allow the conditional use is subsequently approved for the site, the use will be allowed to continue subject to the terms and conditions of the conditional use permit.
(2)
Binding on Subsequent Owners. All conditions of approval shall be binding upon the applicant, their successors and assigns; shall run with the land; shall limit and control the issuance and validity of certificates of occupancy; and shall restrict and limit the construction, location, use and maintenance of all land and structures within the development.
(Ord. 019-17 § 18 (Exh. 1))
§ 20.50.080 Expiration, extensions and permit implementation.
(1)
A conditional use permit shall become null and void three years after the effective date, unless one of the following has occurred:
(a)
A building permit and/or site development activity permit has issued and construction and/or site development begun and diligently pursued;
(b)
An occupancy permit has issued and the approved use has been established;
(c)
An extension has been granted by the community development director. Such extension shall be for a maximum of one year, and no extension may be granted which would extend the validity of the permit more than five years beyond the effective date of the permit. No extension will be granted if it necessitates modification of any condition of approval; or
(d)
The hearing examiner's decision on the conditional use permit has established a different expiration date, such as tying it to the expiration of a quasi-judicial map amendment for the same property.
(2)
Development of the conditional use shall not be carried out until the applicant has secured all other permits and approvals required by the city, or any applicable regional, state and federal agencies.
(3)
Any conditional use that has been initiated and then discontinued may not be reestablished or recommenced except pursuant to a new conditional use permit. The following will constitute conclusive evidence that the conditional use has been discontinued:
(a)
A new permit has been issued to change the use of the lot and the new use has been established; or
(b)
The lot has not been used for the purpose authorized by the conditional use permit for more than 24 consecutive months. Lots that are vacant, or that are used only for storage of materials and equipment, will not be considered as being used for the purpose authorized by the conditional use. The expiration or revocation of a business or other license necessary for the conditional use to operate will suffice as evidence that the lot is not being used as authorized by the conditional use permit.
(Ord. 019-17 § 18 (Exh. 1); Ord. 017-23 § 5 (Exh. A))
§ 20.54.010 Purpose.
This chapter provides standards and procedures for identifying nonconforming situations, establishing restrictions on the alteration or expansion of a nonconforming situation, and it also specifies when a nonconforming situation must be brought into compliance with the code. In addition, this chapter also establishes an optional process for a property owner to obtain a determination that a building, use or lot is legally nonconforming so that the property owner may use such determination for purposes of property sale/transfer, or to defend in a code enforcement action. For properties within the city's shoreline zone, the standards of the city's shoreline master program also apply, including regulations for nonconforming uses and structures within the shoreline zone. For nonconforming signs, please also see Chapter 20.132 POMC.
(Ord. 011-19 § 5 (Exh. 2))
§ 20.54.020 Definitions.
(1) Nonconforming Building Type.
A nonconforming building type is a building type which lawfully existed in a zoning district prior to the adoption of this zoning code, but which is not one of the building types allowed in the current zoning district pursuant to Chapter 20.32 POMC.
(2) Nonconforming Lot.
A nonconforming lot is a lot which lawfully existed prior to the adoption of this zoning code, but which does not comply with one or more of the lot standards for the applicable zoning district in the current code, such as minimum lot size, minimum lot width or required access.
(3) Nonconforming Use.
A nonconforming use is a use which lawfully existed in a zoning district prior to the adoption of this zoning code, but which is not one of the uses that is permitted or conditionally permitted in the current zoning district per Chapter 20.39 POMC.
(4) Nonconforming Structure.
A nonconforming structure is a structure which lawfully existed in a zoning district prior to the adoption of this zoning code, but which does not comply with one or more requirements for the applicable zoning district in the current code for maximum height, minimum setbacks, maximum lot coverage or impervious surface coverage, or design standards.
(Ord. 011-19 § 5 (Exh. 2))
§ 20.54.030 Establishing a legal nonconforming building type, lot, use or structure for the record.
(1)
Permit Required. A landowner may establish that they have a legal nonconforming building type, use or structure for the record by obtaining the permit described in POMC § 20.54.080. This process is optional in situations other than code enforcement actions (in which the landowner may choose to utilize the process in order to establish the legality of the nonconforming building type, use or structure).
(2)
Abandonment or Discontinuance. In order to establish a legal nonconforming building type, use or structure, the use or structure must not have been abandoned or discontinued, under the criteria in POMC § 20.54.050(4).
(3)
Destruction. Should a nonconforming building type, structure or nonconforming portion of a structure be destroyed by any means to an extent more than 50 percent of its replacement cost at the time of its destruction, as determined by the city building official, it shall be reconstructed only in conformity with this code, and only under the following conditions: (a) a complete application for a building permit (or other applicable permit) is filed with the city within 12 months after the damage occurred, and the permit issues, with not more than one 180-day extension; (b) the cause of the damage or destruction was not the willful act of the owner or the owner's agent; and (c) the cause of the damage or destruction was not due to the ongoing neglect of the owner or the owner's agent.
(4)
Enforcement. If a landowner is not able to establish a legally nonconforming building type, use or structure, or, if the city proves that a legal nonconforming building type, use or structure was abandoned or discontinued, then the building type, use or structure may be subject to an enforcement action. In this enforcement action, the landowner will either be required to terminate the use, demolish the building or other structure or conform the building or other structure to the requirements of this code, including the provisions of Chapter 20.02 POMC, Administration and Enforcement.
(5)
Applicability of New Regulations to Legal Nonconforming Building Types, Uses and Structures. Legal nonconforming building types, uses and structures have only a vested right not to have the building type, use or structure or other development immediately terminated when a new code provision is adopted that prohibits the building type, use or structure. The building type, use or structure may still be subject to newly adopted reasonable police power regulations.
A legal use of land does not become nonconforming because the zone in which it is located is changed to a zoning district which requires a conditional use permit for the use. However, any alteration, expansion or intensification of a use previously approved as a conditional use must follow the process in Chapter 20.50 POMC for approval of a new conditional use permit unless the zoning changes such that the use is now permitted outright.
(Ord. 011-19 § 5 (Exh. 2); Ord. 017-23 § 1 (Exh. A))
§ 20.54.040 Establishing a legal nonconforming lot for the record.
(2)
Enforcement. If a landowner is not able to establish a legally nonconforming lot, then the lot may be subject to an enforcement action. In this enforcement action, the landowner will either be required to establish a legally conforming lot through subdivision, boundary line adjustment, legal adjudication or other legally-accepted method of lot creation, or else abandon the claim to ownership of a legal lot of record, subject to the requirements of this code.
(3)
Applicability of New Regulations to Legal Nonconforming Lots. Legal nonconforming lots have only a vested right not to have any use, structure or other development immediately terminated when a new code provision is adopted which creates or increases the nonconformity of a lot. The lot may still be subject to newly adopted reasonable police power regulations.
(Ord. 011-19 § 5 (Exh. 2); Ord. 017-23 § 1 (Exh. A))
§ 20.54.050 Restrictions on legal nonconforming uses.
(1)
Enlargement, Increase, Intensification and Extension Prohibited. A legal nonconforming use may not be enlarged, increased, intensified or extended to occupy a greater area of land or space, including air space, than was occupied at the effective date of adoption or amendment of this code. No additional structure, building or sign shall be constructed on the lot in connection with such nonconforming use of land.
(2)
Use Cannot Be Moved to New Location. No legal nonconforming use shall be moved in whole or in part to any portion of the building or any lot other than that occupied by such use except where that use is permitted outright at the effective date of adoption or amendment of this code.
(3)
Change in Use. A nonconforming use cannot be changed to another nonconforming use. A change in tenancy or ownership is not considered a change to another nonconforming use; provided, that the use itself remains unchanged.
(4)
No Discontinuation or Abandonment. In order to retain its legally nonconforming status, the legal nonconforming use of land cannot be discontinued or abandoned for any reason for a period of more than 180 days, or for 18 months in a three-year period. For purposes of calculating the 180-day or 18-month period, a use is discontinued or abandoned upon the occurrence of the first of any of the following events:
(a)
On the date when the use of land is physically vacated;
(b)
On the date the use ceases to be actively involved in the sale of merchandise or the provision of services;
(c)
On the date of termination of any lease or contract under which the nonconforming use has occupied the land; or
(d)
On the date a request for final reading of water and power meters is made to the applicable utility districts.
(5)
Uses which vary seasonally (such as agricultural uses) shall be deemed abandoned if the seasonal use is not utilized during one full season, consistent with the traditional use.
(6)
Application of Code Criteria and Standards. If the use is discontinued or abandoned for any reason (other than seasonal use as allowed by subsection (5) of this section) for a period of more than 180 days or for 18 months in a three-year period, any subsequent use of land shall conform to the applicable standards and criteria specified by this code for the land use zone in which such land is located.
(Ord. 011-19 § 5 (Exh. 2))
§ 20.54.060 Restrictions on legal nonconforming building types and structures.
(1)
Alterations and Maintenance. A nonconforming building type or structure may not be enlarged or altered in a way that increases its nonconformity, but any structure or portion thereof may be enlarged or altered in a way that satisfies the current requirements of this code or in a way that will not increase its nonconformity. Ordinary maintenance and repair shall be permitted.
(2)
Roadway Access. The owner of a nonconforming access connection (i.e., street or highway access) may be required to bring the nonconforming access into conformance with this code and other applicable standards as a condition of the city or other roadway authority approving a new access connection permit, or a landowner's requested change in land use.
(3)
Relocation or Removal. Should the nonconforming building type or structure be moved for any reason and by any distance, it shall thereafter conform to the regulations of this code. However, a structure may be moved on the same site without full compliance if the movement reduces the building type's or structure's degree of nonconformity with the code.
(4)
Historic Buildings and Structures. Nothing in this chapter shall prevent the full restoration by reconstruction of a building or structure which is either listed on the National Register of Historic Places, the Washington State Register of Historic Places, or the Washington State Cultural Resource Inventory, as shown in a historical survey meeting the standards of the State Department of Archaeology and Historic Preservation. "Restoration" means reconstruction of the historic building or structure with as nearly the same visual design appearance and materials as is consistent with full compliance with the State Building Code and any code provisions adopted by the city on the subject of historic preservation. The reconstruction of all such historic buildings and structures shall comply with the life safety provisions of the State Building Code.
(5)
Mobile Homes or Manufactured Homes. Any mobile home or manufactured home located in a residential district which is a legal nonconforming use may be replaced with an approved manufactured home that conforms to the applicable requirements of this title.
(Ord. 011-19 § 5 (Exh. 2))
§ 20.54.070 Restrictions on legal nonconforming lots.
(1)
A nonconforming lot may not be altered in size or shape in any way that increases its nonconformity, but it may be altered in a way that satisfies the current requirements of this code or in a way that will not increase its nonconformity.
(2)
Use of Legal Nonconforming Lot as a Building Site. A legal nonconforming lot may be used as a building site; provided, that all other requirements of the applicable zoning district are met or a variance is obtained.
(Ord. 011-19 § 5 (Exh. 2))
§ 20.54.080 Permit required.
A property owner may obtain a nonconforming permit to establish a legal nonconforming building type, lot, use or structure for the record. This permit is not required, unless the city has brought a code enforcement action relating to the property, or if the property owner desires the permit for another purpose, such as to obtain a building permit consistent with the desired legal nonconforming building type, lot, use or structure. In such event, the property owner has the burden to follow the procedures set forth herein to establish that the condition of the property is legally nonconforming. In the case of a code enforcement action, the director may place the code enforcement action in abeyance for a reasonable time in order to allow a property owner to gather the necessary information to demonstrate that the property is legally nonconforming.
(Ord. 011-19 § 5 (Exh. 2))
§ 20.54.090 Administration of nonconforming permits.
(2)
Because the processing of these permit applications requires the submission of different information for approval, imposes different burdens on the applicant and the city, and varies in other material respects from the processing of a project permit application, these permits are exempt under RCW 36.70B.140 from all project permit processing requirements (identified in Chapter 20.22 POMC), other than those set forth in this chapter.
(Ord. 011-19 § 5 (Exh. 2); Ord. 033-20 § 8)
§ 20.54.100 Requirements for a complete application.
A complete application for a nonconforming permit shall include the following items as applicable to each classification of nonconformity (building type, lot, use, structure). Refer to the relevant city application form for numbers of copies of each item that must be included and the type of accompanying electronic submittal that is required (if relevant):
(1)
Completed application form;
(2)
Date, name, address, telephone number and email of the applicant;
(3)
Name, address, telephone number and email of the owner of the property identified in the application;
(4)
Legal description, street address and assessor's parcel number of the subject property;
(5)
A description and photographs of existing site conditions, any plans or permit approvals, and/or information relevant to the proposed applicant's demonstration of a legal nonconforming building type, lot, use or structure;
(6)
Information demonstrating that (a) the building type, structure or use is not permitted outright under the city's code, including, but not limited to, the use standards of the current zoning or applicable district; (b) the current zoning code or building code standards for the building type, lot, use or structure are not met; and (c) the use has not been abandoned or discontinued for the period identified in this chapter;
(7)
Proof of legal nonconforming status, including, but not limited to, planning permits/approvals, building permits, leases, aerial maps showing the structure and footprint, listings in business or phone directories (or directory with a list of businesses and residents referenced by address), etc.;
(8)
If the application is for a remodel, a complete description of the proposed remodeling relating to such section(s) of the structure or the entire structure;
(9)
The applicant's narrative statement describing the manner in which the application satisfies the criteria for approval in the applicable section of this chapter;
(10)
A SEPA checklist (unless categorically exempt);
(11)
The application fee established by the city; and
(12)
Any other required information as indicated by city staff in a preapplication meeting.
(Ord. 011-19 § 5 (Exh. 2))
§ 20.54.110 Criteria for approval – Permit to establish legal nonconforming building type, use or structure for the record.
(1)
Criteria. A permit will be approved establishing the legal nonconforming status of the building type, use or structure if the applicant provides sufficient evidence and demonstrates to the director's satisfaction:
(a)
That the building type, use or structure satisfies the definition for a legal nonconforming building type, use or structure in this chapter; and
(b)
That the building type, use or structure has been in existence and maintained continuously, with no interruption that would constitute abandonment or discontinuance under either former or current city codes.
(2)
Acceptable Documentation. The evidence presented by the applicant may include, but is not limited to, the following as documentation of the existence of a building type, use or structure from a time when it would have been permitted outright and as documentation of its uninterrupted continuation:
(a)
Signed written statements from persons having no financial interest in the property and who are not relatives of the applicant or property owner. Notarization is not required.
(b)
Occupancy listing from the Polk directory or reverse telephone directories.
(c)
Business and/or licensing records.
(d)
County records showing the previous permitted use if the property was formerly not part of the city.
(e)
Assessment records.
(f)
Evidence of more than one electric or gas meter or sewer hookup.
(g)
Other evidence that the director deems useful and reliable, based on the circumstances of the individual case. Examples include, but are not limited to, photographs, U.S. Census reports, and signed written statements of experts.
(3)
It is the responsibility of the applicant to furnish at least two different types of documentation from the sources listed above. The city may, in its discretion, require further documentation if the documentation submitted by the applicant does not demonstrate the existence of the building type, use or structure from a time when it was permitted outright, or fails to show continuous, uninterrupted maintenance of the use. The city may also accept only one type of documentation from the sources listed above, if that documentation is particularly persuasive. Any number of written, signed statements, however, are not sufficient by themselves to document the existence of a building type, use or structure.
(Ord. 011-19 § 5 (Exh. 2))
§ 20.54.120 Criteria for approval – Permit to establish legal nonconforming lot for the record.
(1)
Criteria. A permit will be approved establishing the legal nonconforming status of a lot if the applicant provides sufficient evidence and demonstrates to the director's satisfaction that the lot was lawfully created and recorded with the county auditor's office.
(2)
Acceptable Documentation. The evidence presented by the applicant may include, but is not limited to, a recorded subdivision, large lot subdivision, testamentary subdivision (provided, that the testamentary subdivision conformed to zoning at the time of recording), short plat or binding site plan; a recorded boundary line adjustment approved by the city if such approval was required at the time of recording; or a legal adjudication requiring the creation of the lot with subsequent recording with the county auditor's office.
(Ord. 011-19 § 5 (Exh. 2))
§ 20.54.130 Final decision on nonconforming permit.
Because the city has excluded nonconforming permits from the procedures set forth in RCW 36.70B.140, there is no deadline for the city's issuance of a final decision.
(Ord. 011-19 § 5 (Exh. 2))
§ 20.54.140 Appeals of nonconforming permit.
A nonconforming permit is a Type I decision per POMC § 20.22.020. If an appeal of the director's decision is filed, the procedures in POMC § 20.22.030(7) and (8) shall be followed.
(Ord. 011-19 § 5 (Exh. 2))
§ 20.54.150 Nonconformities and build-to zone requirements.
requirements may apply to certain development proposals in residential, commercial and mixed use zoning designations. For information on build-to zone requirements and their applicability to a proposal, refer to Chapters 20.34 and 20.35 POMC.
Building Additions. When an existing building is being expanded and the building does not meet the build-to requirement, the following provisions apply:
Front. Any addition to the front of the building must be placed in the build-to zone. The addition does not have to meet the build-to percentage for the lot.
Rear. Rear additions are allowed because the addition does not increase the degree of the nonconformity.
Side. Side additions are not allowed because the extension increases the width that is not located in the build-to zone.
New Buildings. When a new building is proposed on a site with an existing building that does not meet the build-to requirement, the following provisions apply:
Front. All new buildings must be placed in the build-to zone until the build-to percentage for the lot has been met.
Rear. New buildings located outside of the build-to zone are not allowed until the build-to percentage for the lot has been met.
Side. New buildings located outside of the build-to zone are not allowed until the build-to percentage for the lot has been met.
(Ord. 011-19 § 5 (Exh. 2))
§ 20.58.110 Temporary uses.
A temporary use is a use established for a limited duration with the intent to discontinue such use upon the expiration of the time period. In order to regulate such uses by their scope and period of use, a permit is required for the establishment of temporary uses that are not otherwise permitted in a zone. Although a temporary use permit is a Type 1 decision, any appeal of a temporary use permit decision shall be made to the city council.
(Ord. 019-17 § 18 (Exh. 1); Ord. 011-19 § 5 (Exh. 2))
§ 20.58.120 Temporary uses requiring permits.
The following categories identify temporary uses that are permitted uses subject to securing a permit from the community development director:
(1)
Uses not otherwise permitted in the zone that can be made compatible for periods of limited duration and/or frequency, such as a seasonal event like a produce or farm market stand that extends beyond 30 days' duration.
(2)
Limited expansion of any use that is otherwise allowed in the zone but which exceeds the intended scope of the original land use approval – such as a special event like a tent sale or revival annex.
(3)
Temporary construction residence as a temporary dwelling for the property owners; provided, that:
(a)
A building permit application for a permanent dwelling on the site has been submitted.
(b)
The temporary residence must be of minimum impact to the neighborhood.
(c)
The temporary residence has adequate sanitary sewer and water provisions.
(d)
The temporary residence permit shall be effective for a period of 12 months. The permit may be extended for one additional period of six months if the permanent dwelling is constructed with a finished exterior by the end of the initial approval period.
(e)
The construction residence shall be removed within 90 days of the expiration of the temporary construction residence permit or the issuance of a certificate of occupancy for the permanent residence, whichever occurs first.
(Ord. 019-17 § 18 (Exh. 1); Ord. 011-19 § 5 (Exh. 2); Ord. 017-23 § 5 (Exh. A))
§ 20.58.130 Additional permit requirements.
(1)
Temporary use permits shall be limited in duration and frequency as follows:
(a)
For temporary use permits issued pursuant to POMC § 20.58.120(1) or (2), the permit shall be effective for 180 days from issuance.
(b)
The temporary use permit shall specify a date upon which the use shall be terminated and removed.
(2)
Parking and access for proposed temporary uses shall be approved by the city engineer.
(3)
The applicant for a proposed temporary use shall provide any parking or traffic control attendants as specified by the city engineer.
(Ord. 019-17 § 18 (Exh. 1); Ord. 010-18 § 14; Ord. 011-19 § 5 (Exh. 2))
§ 20.58.140 Temporary uses exempt from permit requirements.
(1)
The following uses shall be exempt from requirements for a temporary use permit when located in the CH, CC, DMU, GMU, CMU, IL, IH, CF, PR or CI zones for the time period specified below:
(2)
Repealed by Ord. 022-19.
(3)
Any community event held in a public park or property and not exceeding a period of seven days shall be exempt from requirements for a temporary use permit.
(5)
One temporary real estate office located on any new residential development; provided, that activities are limited to the initial sale or rental of property or units within the development. The office use shall be discontinued within 30 days of the issuance of a final certificate of occupancy of the last unit in the development.
(Ord. 019-17 § 18 (Exh. 1); Ord. 011-19 § 5 (Exh. 2); Ord. 022-19 § 1)
§ 20.39.010 Use classification.
(1)
Classification of Uses.
(a)
Organization of Use Tables. The use table in POMC § 20.39.040 is organized into principal uses and accessory uses.
(b)
Principal Uses.
(i)
In order to regulate a variety of similar uses, use categories have been established for principal uses. Use categories provide a systematic basis for assigning uses to appropriate categories with other, similar uses. Use categories classify principal uses and activities based on common functional, product, or physical characteristics.
(ii)
Where a use category contains a list of included uses, the list is to be considered example uses, and not all-inclusive. The director has the responsibility for categorizing all uses.
(iii)
The allowed use table in POMC § 20.39.040 establishes permitted uses by district. No building or lot may be used except for a purpose permitted in the district in which it is located.
(iv)
Use definitions and standards for permitted principal uses are specified beginning in POMC § 20.39.100.
(v)
More than one principal use may be established on a property or in a structure.
(d)
Temporary Uses. A temporary use is a use that is in place for a limited period of time only. All uses shall be treated as permanent principal or accessory uses except where temporary uses are specifically authorized in code such as in the Temporary Uses (Chapter 20.58 POMC), Street Use Permits (Chapter 12.24 POMC), Special Events (Chapter 5.94 POMC), or Fireworks (Chapter 5.60 POMC) chapters.
(e)
Principal Uses Not Listed.
(i)
A principal use not specifically listed is prohibited unless the director determines the use to be part of the use category as described in this chapter.
(ii)
The director is responsible for categorizing all principal uses. If a proposed use is not listed in a use category, but is similar to a listed use, the director may consider the proposed use as part of that category. When determining whether a proposed use is similar to a listed use, the director must consider the criteria in subsection (1)(f) of this section. Determinations whether a proposed principal use is a similar use may be made using the process found in Chapter 20.10 POMC. The director shall determine whether a code interpretation for a proposed principal use shall require a code interpretation pursuant to Chapter 20.10 POMC.
(f)
Criteria for Determining Whether a Proposed Use Is a Similar Use.
(i)
The actual or projected characteristics of the proposed use;
(ii)
The relative amount of site area or floor area and equipment devoted to the proposed use;
(iii)
Relative amounts of sales;
(iv)
Relative number of employees;
(v)
Hours of operation;
(vi)
Building and site arrangement;
(vii)
Types of vehicles used and their parking requirements;
(viii)
The number of vehicle trips generated;
(ix)
How the proposed use is advertised;
(x)
The likely impact on surrounding properties; and
(xi)
Whether the activity is likely to be found independent of the other activities on the site.
(g)
(h)
Criteria for Determining Whether a Proposed Accessory Use May Be Permitted. The accessory use may be permitted when the director determines the proposed accessory use:
(i)
Is clearly incidental to and customarily found in connection with an allowed principal use;
(ii)
Is subordinate to and serving an allowed principal use;
(iii)
Is subordinate in area, extent, and purpose to the principal use served;
(iv)
Contributes to the comfort, convenience or needs of the occupants, business or industry in the principal use served; and
(v)
Is located on the same lot as the principal use served.
(Ord. 011-19 § 4 (Exh. 1); Ord. 008-25 § 8 (Exh. G))
§ 20.39.020 Establishment of uses.
The use of a property is defined by the activity for which the building or lot is intended, designed, occupied, or maintained. All applicable requirements of this title, or other applicable state or federal requirements, shall govern a use located within the Port Orchard incorporated area.
(Ord. 011-19 § 4 (Exh. 1); Ord. 008-25 § 8 (Exh. G))
§ 20.39.030 Use table key.
(1)
Permitted Use (P). Indicates a use is permitted in the respective zoning district. The use is also subject to all other applicable requirements of this code.
(2)
Conditional Use (C). Indicates a use may be permitted in the respective zoning district only after a conditional use permit has been issued per Chapter 20.50 POMC. Conditional uses are subject to all other applicable requirements of this title, including any applicable use standards, except where the use standards are expressly modified in the conditional use permit.
(3)
Use Not Permitted (--). Indicates that a use is not permitted in the respective zoning district.
(Ord. 011-19 § 4 (Exh. 1); Ord. 008-25 § 8 (Exh. G))
§ 20.39.040 Use table.
(Gray shading separates categories into residential, commercial and industrial, and civic/parks.)
Key: | ||
|---|---|---|
P = Permitted Use | C = Conditional Use | -- = Use Not Permitted |
Use Category Specific Use | R1 | R2 | R3 | R4 | R5 | GB | RMU | NMU | CMU | DMU | GMU | BPMU | CC | CH | IF | LI | HI | CI | PR | PF | Definition/Standards |
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
Residential Uses | |||||||||||||||||||||
All household living, as listed below: | |||||||||||||||||||||
Single-family detached (including new manufactured homes) | P | P | P | -- | -- | P | -- | P | -- | -- | -- | P | -- | -- | -- | -- | -- | -- | -- | -- | 20.39.100 |
Designated manufactured home, manufactured or mobile home (except for new designated manufactured homes) | -- | -- | P | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | 20.39.100 |
New designated manufactured home | P | P | P | -- | -- | P | P | P | -- | -- | -- | P | -- | -- | -- | -- | -- | -- | -- | -- | 20.39.100 |
Accessory dwelling unit | P | P | P | -- | -- | P | -- | P | -- | -- | -- | P | -- | -- | P | P | -- | -- | -- | -- | 20.68 |
Single-family attached (2 units) | P | P | P | -- | -- | -- | P | P | -- | -- | -- | P | -- | -- | -- | -- | -- | -- | -- | -- | 20.39.100 |
Single-family attached (3 units) | -- | -- | P | P | P | -- | P | P | P | P | P | P | P | -- | P | -- | -- | -- | -- | -- | 20.39.100 |
Single-family attached (4 units) | -- | -- | P | P | P | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | |
Single-family attached (5 units) | -- | -- | P | P | P | -- | P | P | P | P | P | P | P | -- | P | -- | -- | -- | -- | -- | 20.39.100 |
Single-family attached (6 units) | -- | -- | P | P | P | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | |
Multifamily (5 or more units) | -- | -- | P | P | P | -- | P | P | P | P | P | P | P | -- | P | -- | -- | -- | -- | -- | 20.39.100 |
Manufactured or mobile home park | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | 20.39.100 |
Boarding house | -- | -- | -- | C | C | -- | -- | C | -- | -- | P | C | -- | -- | -- | -- | -- | -- | -- | -- | |
Congregate living facilities | -- | C | C | C | C | -- | -- | C | -- | -- | P | C | -- | -- | -- | -- | -- | -- | -- | -- | |
Indoor emergency housing | -- | -- | -- | -- | -- | -- | -- | C | C | C | -- | -- | C | C | -- | -- | -- | -- | -- | -- | |
Indoor emergency shelter | -- | -- | -- | -- | -- | -- | -- | C | C | C | -- | -- | C | C | -- | -- | -- | -- | -- | -- | |
Permanent supportive housing | C | C | C | C | C | C | C | C | C | C | P | C | C | C | -- | -- | -- | -- | -- | -- | |
Transitional housing | C | C | C | C | C | C | C | C | C | C | C | C | C | C | -- | -- | -- | -- | -- | -- | |
Lodging house | -- | -- | C | C | C | -- | -- | C | -- | -- | P | C | -- | -- | -- | -- | -- | -- | -- | -- | |
Group home (up to 8 residents), except as follows: | P | P | P | P | P | P | P | P | -- | -- | -- | P | -- | -- | -- | -- | -- | -- | -- | -- | 20.39.100 |
Adult family home | P | P | P | -- | -- | P | P | P | -- | -- | -- | P | -- | -- | -- | -- | -- | -- | -- | -- | 20.39.100 |
All group living (9 or more residents) | -- | -- | -- | C | C | -- | P | C | P | C | -- | P | P | -- | -- | -- | -- | -- | -- | -- | 20.39.110 |
Social services facilities | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | P | P | P | P | P | -- | -- | -- | -- | 20.39.120 |
Secured high risk social services facilities | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | C | C | C | C | -- | -- | -- | -- | 20.39.122 |
Public Uses | |||||||||||||||||||||
All civic uses, as listed below: | |||||||||||||||||||||
Community college, university, trade or technical school (8,000 square feet or less) | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | P | P | P | P | P | -- | -- | -- | -- | 20.39.240 |
Community college, university, trade or technical school (more than 8,000 square feet) | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | C | C | C | -- | C | -- | C | 20.39.240 |
Club or lodge | -- | -- | -- | -- | -- | -- | -- | -- | P | -- | P | P | P | -- | -- | -- | -- | P | -- | -- | 20.39.240 |
Public use | -- | -- | -- | -- | -- | -- | -- | P | P | P | P | P | P | P | P | P | P | P | P | P | 20.39.240 |
Museum, library | -- | -- | -- | -- | -- | -- | -- | -- | P | P | P | P | P | -- | -- | -- | -- | -- | -- | P | 20.39.240 |
Place of worship | C | C | C | C | C | -- | -- | -- | P | -- | P | P | P | -- | -- | -- | -- | P | -- | -- | 20.39.240 |
School (K-12) | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | C | -- | -- | 20.39.240 |
Jail or detention center | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | C | C | C | -- | C | 20.39.240 |
Transit park and ride lot | -- | -- | C | C | C | -- | C | C | P | C | C | -- | P | P | P | P | P | P | -- | P | 20.39.220 |
Transfer station | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | P | -- | -- | P | 20.39.230 |
Transit bus base | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | P | P | -- | -- | P | 20.39.210 |
All open space and park uses, as listed below: | |||||||||||||||||||||
Cemetery | C | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | P | -- | -- | 20.39.250 |
Golf course | C | C | C | -- | -- | -- | -- | -- | -- | -- | -- | -- | C | -- | -- | -- | -- | -- | P | P | 20.39.250 |
Park, recreation field | -- | -- | -- | -- | -- | -- | -- | -- | P | P | P | P | -- | -- | -- | -- | -- | -- | P | P | 20.39.250 |
All utilities, as listed below: | |||||||||||||||||||||
Minor utilities | P | P | P | P | P | P | P | P | P | P | P | P | P | P | P | P | P | P | P | P | 20.39.260 |
Major utilities | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | P | P | P | P | P | -- | P | 20.39.260 |
Wireless telecommunication facilities, as listed below: | |||||||||||||||||||||
Amateur radio operator tower | P | P | P | -- | -- | P | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | 20.39.270 |
Small cell wireless telecommunication facility | P | P | P | P | P | P | P | P | P | P | P | P | P | P | P | P | P | P | P | P | 20.39.270 |
Wireless telecommunication tower (excludes small cell facilities) | C | C | C | C | C | -- | C | C | C | C | C | C | C | C | C | C | C | C | -- | C | 20.39.270 |
Commercial Uses | |||||||||||||||||||||
All day care, as listed below: | |||||||||||||||||||||
Family day care (6 children or fewer) | P | P | P | -- | -- | P | -- | -- | -- | -- | -- | P | -- | -- | -- | -- | -- | -- | -- | -- | 20.39.305 |
Group day care (mini day care) (7 to 12) | C | C | C | -- | -- | C | C | P | P | -- | P | P | P | -- | -- | -- | -- | -- | -- | -- | 20.39.305 |
Day care center (13 or more) | -- | -- | -- | -- | -- | -- | C | C | C | -- | P | C | P | P | -- | -- | -- | -- | -- | -- | 20.39.305 |
All indoor recreation, except as listed below: | -- | -- | -- | -- | -- | -- | -- | C | P | C | P | -- | P | P | -- | -- | -- | -- | C | -- | |
Shooting range | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | C | C | -- | -- | C | 20.39.315 |
Special event facility | -- | -- | -- | -- | -- | -- | -- | -- | C | C | C | C | C | C | C | C | -- | C | C | C | 20.39.315 |
Commercial entertainment, except as follows: | -- | -- | -- | -- | -- | -- | -- | -- | P | P | P | P | P | P | P | -- | -- | -- | -- | -- | |
Adult entertainment | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | C | C | -- | -- | -- | 20.39.320 |
All outdoor recreation, except as listed below: | -- | -- | -- | -- | -- | -- | -- | C | C | C | P | -- | P | P | -- | -- | -- | -- | C | C | |
Campground, travel trailer park, RV park (does not include mobile home park) | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | C | C | 20.39.340 |
Horse stable, riding academy, equestrian center | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | C | C | 20.39.340 |
Shooting range | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | C | 20.39.340 |
Marina (upland areas) | -- | -- | -- | -- | -- | -- | -- | -- | -- | C | C | -- | C | C | C | C | C | C | C | C | 20.39.385 |
All overnight lodging, as listed below: | |||||||||||||||||||||
Level 1: Vacation rentals or similar short-term house/room rentals | P | P | P | P | P | P | P | P | P | P | P | P | -- | -- | -- | -- | -- | -- | -- | -- | 20.39.345 |
Level 2: Bed and breakfast (up to 7 rooms) | C | C | C | -- | -- | C | -- | P | -- | -- | -- | P | -- | -- | -- | -- | -- | -- | -- | -- | 20.39.345 |
Level 3: Motel | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | P | P | -- | -- | -- | -- | -- | -- | 20.39.345 |
Level 4: Hotel | -- | -- | -- | -- | -- | -- | -- | -- | P | P | P | -- | P | P | -- | -- | -- | -- | -- | -- | 20.39.345 |
All medical, except as listed below: | -- | -- | -- | -- | -- | -- | -- | -- | C | C | P | P | P | P | P | -- | -- | -- | -- | P | |
Hospital | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | C | C | C | C | -- | -- | -- | -- | C | 20.39.325 |
All office, except as listed below: | -- | -- | -- | -- | -- | -- | C | C | P | P | P | P | P | P | P | -- | -- | -- | -- | -- | |
Bail bonds | -- | -- | -- | -- | -- | -- | -- | -- | C | C | C | C | P | P | -- | -- | -- | -- | -- | -- | 20.39.335 |
Surface parking: commercial parking, commuter lease parking or park and ride, remote parking | -- | -- | -- | -- | -- | -- | -- | -- | C | C | P | P | P | P | P | P | -- | P | -- | C | 20.39.350 |
Commercial parking garage – standalone | -- | -- | -- | -- | -- | -- | -- | -- | C | C | C | C | P | P | P | -- | -- | -- | -- | C | 20.39.350 |
Electric vehicle charging stations | P | P | P | P | P | P | P | P | P | P | P | P | P | P | P | P | P | P | P | P | |
All personal service, except as listed below: | -- | -- | -- | -- | -- | -- | C | C | P | C | P | P | P | P | C | -- | -- | -- | -- | -- | |
Funeral home | -- | -- | -- | -- | -- | -- | -- | -- | P | -- | P | P | P | P | -- | -- | -- | -- | -- | -- | 20.39.355 |
Crematorium | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | P | P | P | P | P | P | -- | -- | 20.39.355 |
Animal shelter or adoption center | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | C | C | C | C | C | C | -- | C | 20.39.230 |
Indoor animal care | -- | -- | -- | -- | -- | -- | -- | C | P | -- | P | -- | P | P | P | -- | -- | -- | -- | -- | 20.39.360 |
Outdoor animal care | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | C | C | C | C | -- | -- | -- | -- | 20.39.365 |
Business services | -- | -- | -- | -- | -- | -- | C | P | P | P | P | P | P | P | P | -- | -- | C | -- | -- | 20.39.380 |
Conference center | -- | -- | -- | -- | -- | -- | -- | -- | -- | C | C | C | C | C | -- | -- | -- | C | -- | C | 20.39.310 |
All restaurants except as listed below: | -- | -- | -- | -- | -- | -- | P | P | P | P | P | P | P | P | -- | -- | -- | -- | -- | -- | |
Food truck | -- | -- | -- | -- | -- | -- | P | P | P | P | P | P | P | P | P | -- | -- | P | -- | -- | 20.39.370 |
All retail sales, as listed below: | |||||||||||||||||||||
Retail establishment (up to 5,000 gross floor area) | -- | -- | -- | -- | -- | -- | P | P | P | P | P | P | P | P | P | -- | -- | P | -- | -- | 20.39.375 |
Retail establishment (5,001 – 15,000 gross floor area) | -- | -- | -- | -- | -- | -- | -- | -- | P | P | P | -- | P | P | P | -- | -- | -- | -- | -- | 20.39.375 |
Retail establishment (15,001 – 50,000 gross floor area) | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | P | -- | P | P | P | -- | -- | -- | -- | -- | 20.39.375 |
Retail establishment (over 50,000 gross floor area) | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | C | P | P | -- | -- | -- | -- | -- | 20.39.375 |
Fireworks sales in accordance with Chapter 5.60 POMC | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | P | P | -- | -- | -- | -- | -- | |
Recreational marijuana sales | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | P | P | -- | P | -- | -- | -- | -- | 20.64; 20.39.375 |
Convenience store with fuel pumps | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | C | -- | -- | -- | -- | -- | -- | 20.39.375 |
Convenience store without fuel pumps | -- | -- | -- | -- | -- | -- | -- | C | C | C | -- | -- | P | P | P | -- | -- | -- | -- | -- | 20.39.375 |
Fuel station, including fuel pumps and fuel sales, without convenience store | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | C | -- | P | -- | -- | -- | -- | ||
Automobile service station | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | C | -- | P | -- | -- | -- | -- | 20.39.300 |
All vehicle and tool/construction equipment sales and rental, as listed below: | |||||||||||||||||||||
Light vehicle and light tool or construction equipment sales and rental | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | P | P | P | -- | -- | -- | -- | 20.39.375 |
Heavy vehicle and heavy tool or construction equipment sales and rental | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | P | P | P | P | -- | -- | -- | 20.39.375 |
All vehicle service and repair, as listed below: | |||||||||||||||||||||
Car wash | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | P | P | P | -- | -- | -- | -- | -- | 20.39.440 |
Vehicle service and repair, minor | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | P | P | P | P | -- | -- | -- | -- | 20.39.440 |
Vehicle service and repair, major | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | P | P | P | P | -- | -- | -- | 20.39.440 |
Vehicle service and repair, commercial vehicle | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | P | P | P | -- | -- | -- | 20.39.440 |
Industrial Uses | |||||||||||||||||||||
All heavy industrial | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | P | -- | -- | -- | 20.39.400 |
All light manufacturing, except as listed below: | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | P | P | P | -- | -- | -- | |
Commercial laundry, dry cleaning or carpet cleaning facility | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | P | P | P | -- | -- | -- | 20.39.410 |
Brewery, distillery under 5,000 square feet | -- | -- | -- | -- | -- | -- | -- | -- | -- | P | P | -- | -- | P | -- | -- | -- | -- | -- | -- | |
Brewery, distillery 5,001 – 15,000 square feet | -- | -- | -- | -- | -- | -- | -- | -- | -- | C | C | -- | C | P | P | -- | -- | -- | -- | -- | |
Brewery, distillery over 15,000 square feet | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | P | P | -- | -- | -- | |
Craft shop | -- | -- | -- | -- | -- | -- | P | P | P | P | P | -- | P | P | P | P | P | -- | -- | -- | 20.39.410 |
Food and beverage processing, boutique (area used for processing less than 3,000 square feet) | -- | -- | -- | -- | -- | -- | P | P | P | P | P | -- | P | P | P | P | P | -- | -- | -- | 20.39.410 |
Food and beverage processing, industrial | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | P | P | P | P | -- | -- | -- | 20.39.410 |
Recreational marijuana production | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | P | P | -- | -- | -- | 20.64; 20.39.410 |
All research and development | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | P | P | P | P | P | P | -- | -- | -- | 20.39.420 |
Resource extraction – mining, dredging, raw mineral processing, except: | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | C | -- | -- | -- | 20.39.430 |
Timber harvesting in the absence of concurrent development | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | |
Sand and gravel mining | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | C | C | -- | -- | -- | |
Stockpiling of sand, gravel or other aggregate materials | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | C | P | -- | -- | P | 20.39.430 | |
Sheet metal, welding, machine shop, tool and equipment manufacturing, vehicle painting facility | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | C | P | P | P | -- | -- | P | 20.39.410 |
All warehouse, storage and distribution, as listed below: | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | C | C | C | C | C | -- | -- | -- | |
Enclosed storage | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | P | P | P | P | P | -- | -- | 20.39.450 |
Self-service storage, mini-warehouse | -- | -- | -- | -- | -- | -- | -- | -- | C | -- | -- | -- | C | C | C | -- | -- | -- | -- | -- | 20.39.460 |
Storage yard | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | C | C | P | P | -- | -- | P | 20.39.470 |
All waste-related service, including wastewater treatment facilities, decant facilities and recycling centers | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | C | -- | -- | P | 20.39.480 |
Agricultural Uses | |||||||||||||||||||||
All agriculture, as listed below: | |||||||||||||||||||||
Agricultural processing, excluding marijuana processing | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | C | P | P | -- | -- | -- | 20.39.500 |
Community garden | P | P | P | P | P | -- | P | P | P | -- | -- | -- | -- | -- | -- | -- | -- | -- | P | P | 20.39.500 |
Nursery | -- | -- | -- | -- | -- | P | -- | -- | -- | -- | -- | -- | P | P | P | P | -- | -- | -- | -- | 20.39.500 |
Winery | -- | -- | -- | -- | -- | C | -- | -- | C | C | C | -- | P | P | P | P | -- | -- | -- | -- | 20.39.500 |
Accessory Uses | |||||||||||||||||||||
Accessory uses not otherwise listed below, as determined by the administrator: | |||||||||||||||||||||
Accessory dwelling units, as listed below: | |||||||||||||||||||||
Accessory apartment (attached dwelling) | P | P | P | -- | -- | P | -- | -- | -- | -- | -- | P | -- | -- | -- | -- | -- | -- | -- | -- | 20.39.600, 20.68 |
Backyard cottage dwelling | P | P | P | -- | -- | P | -- | -- | -- | -- | -- | P | -- | -- | -- | -- | -- | -- | -- | -- | 20.39.600 |
Drive-through facility | -- | -- | -- | -- | -- | -- | -- | -- | C | -- | -- | -- | P | P | P | P | -- | -- | -- | -- | 20.39.610 |
Home occupation | P | P | P | P | P | P | P | P | -- | -- | -- | P | -- | -- | -- | -- | -- | -- | -- | -- | 20.39.615 |
Home business | P | P | P | -- | -- | P | -- | -- | -- | -- | -- | P | -- | -- | -- | -- | -- | -- | -- | -- | 20.39.620 |
Livestock keeping | P | P | P | -- | -- | P | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | 20.39.625 |
Outdoor display | -- | -- | -- | -- | -- | -- | -- | -- | P | P | P | P | P | P | P | P | P | -- | -- | -- | 20.39.630 |
Outdoor storage as listed below: | |||||||||||||||||||||
Low-impact | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | P | P | P | P | P | -- | -- | -- | 20.39.635 |
High-impact | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | P | P | P | -- | -- | -- | 20.39.635 |
Self storage as accessory use to apartment building | -- | -- | -- | P | P | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | 20.39.640 |
Vehicle service and repair, accessory to a residential use | P | P | -- | -- | -- | P | -- | -- | -- | -- | -- | -- | P | P | -- | -- | -- | -- | -- | -- | 20.39.645 |
Park as accessory use to residential development | P | P | P | P | P | -- | P | P | P | P | P | P | -- | -- | -- | -- | -- | -- | -- | -- | |
Medical marijuana cooperative | P | P | P | P | P | P | P | P | P | P | P | P | P | P | P | P | -- | -- | -- | -- | 20.64; 20.39.100 |
(Ord. 011-19 § 4 (Exh. 1); Ord. 021-19 § 2 (Att. 1); Ord. 037-19 § 2 (Att. 1); Ord. 030-21 § 10 (Exh. 4); Ord. 043-21 § 3; Ord. 044-21 § 3; Ord. 059-21 § 7; Ord. 008-25 § 8 (Exh. G))
§ 20.39.100 Household living.
(1)
Defined. Residential occupancy of a dwelling unit by a household. Household living includes the following:
(a)
Single-family detached (including a new manufactured home);
(b)
Accessory dwelling unit;
(c)
Multifamily;
(d)
Designated manufactured home, manufactured home or mobile home (excluding a new designated manufactured home);
(e)
New designated manufactured home;
(f)
Manufactured or mobile home park;
(g)
Group home;
(h)
Adult family home; and
(i)
Middle housing.
(2)
Single-Family Detached. One dwelling unit in a single principal structure; may also contain an accessory dwelling unit(s) consistent with the requirements of Chapter 20.68 POMC in an attached accessory apartment or a backyard cottage. A new manufactured home shall be treated as a single-family detached home for the purposes of this chapter.
(3)
Two-Family. Two dwelling units in a single principal structure.
(5)
Multifamily. Five or more dwelling units in a single principal structure that do not meet the definition of single-family attached in subsection (4) of this section. As part of a mixed-use building, multifamily is allowed as a use and located as described in the specific building type. A lobby or other entrance is allowed on the ground floor.
(6)
Designated Manufactured Home, Manufactured Home or Mobile Home. Designated manufactured homes, manufactured homes or mobile homes (excluding new designated manufactured homes) shall only be permitted within an existing manufactured or mobile home park.
(7)
Medical Marijuana Cooperative.
(8)
Manufactured or Mobile Home Park. A cluster of manufactured or mobile homes configured such that more than one mobile home is located on a lot, parcel, or tract. A manufactured or mobile home park typically features land or unsubdivided lots leased or rented by the manufactured home owner. New manufactured or mobile home parks are not permitted in the city. Existing manufactured or mobile home parks may be maintained insofar as the individual homes within a manufactured or mobile home park may be swapped out, but the number of manufactured homes in the manufactured home park may not be increased.
(9)
Group Home.
(a)
A dwelling unit containing up to eight unrelated persons who are mentally or physically impaired who are protected under the Fair Housing Act, along with support or supervisory personnel or family members who may reside at the facility.
(b)
The term mental or physical impairment includes conditions such as blindness, hearing impairment, mobility impairment, HIV infection, mental retardation, alcoholism, drug addiction, chronic fatigue, learning disability, head injury, and mental illness.
(c)
Current users of illegal controlled substances, persons convicted for illegal manufacture or distribution of a controlled substance, sex offenders, and juvenile offenders are not considered mentally or physically impaired under the Fair Housing Act.
(d)
The Fair Housing Act affords no protections to individuals with or without disabilities who present a direct threat to the persons or property of others. Determining whether someone poses such a direct threat must be made on an individualized basis, however, and cannot be based on general assumptions or speculation about the nature of a disability.
(10)
Adult Family Home. A dwelling, licensed by the state of Washington, in which a person or persons provide personal care, special care, room and board to more than one but not more than six adults who are not related by blood or marriage to the person or persons providing the service.
(Ord. 011-19 § 4 (Exh. 1); Ord. 008-25 § 8 (Exh. G))
§ 20.39.110 Group living.
(1)
Defined. Residential occupancy of a structure by nine or more people that does not meet the definition of household living. Generally, group living facilities have a common eating area for residents, and residents may receive care or training. Group living includes the following:
(Ord. 011-19 § 4 (Exh. 1); Ord. 008-25 § 8 (Exh. G))
§ 20.39.120 Social services.
Defined. A facility that provides treatment for persons not protected under the Fair Housing Act or who present a direct threat to the persons or property of others. Includes persons convicted for illegal manufacture or distribution of a controlled substance, sex offenders, and juvenile offenders. Also includes facilities that provide transient housing related to post-incarceration and social service programs. Does not include facilities serving persons who have been civilly committed as sexually violent predators (SVPs) and conditionally released to a less restrictive alternative (LRA) in accordance with Chapter 71.09 RCW. Such facilities are addressed in POMC § 20.39.122 (Secured high risk social service facilities).
(Ord. 011-19 § 4 (Exh. 1); Ord. 021-19 § 3; Ord. 037-19 § 3; Ord. 008-25 § 8 (Exh. G))
§ 20.39.122 Secured high risk social service facilities.
Secured high risk social service facilities are facilities serving one or more persons civilly committed as sexually violent predators (SVPs) and conditionally released to a less restrictive alternative (LRA) in accordance with Chapter 71.09 RCW. An LRA is a facility that provides court-ordered supervision, security, and sex offender treatment services.
(1)
Secured high risk social services facilities shall only be permitted in zones where permitted as a conditional use in the land use table in this chapter.
(2)
Where indicated as a conditional use in the use table, POMC § 20.39.040, a secured high risk social services facility is required to obtain a conditional use permit per Chapter 20.50 POMC. In addition to the criteria for approval in POMC § 20.50.050, the hearing examiner must also make the following findings in order to issue the conditional use permit:
(a)
The city shall hold a neighborhood meeting prior to a public hearing for the proposed secured high risk social services facility. The project applicant shall cover all meeting costs.
(b)
The city shall provide community notification to all landowners within a half-mile radius of the proposed secured high risk social services facility at least two weeks prior to a neighborhood meeting. The project applicant shall cover all community notification costs.
(c)
The secured high risk social services facility shall not be located adjacent to, immediately across a street or parking lot from, or within the line of sight of a risk potential activity or facility in existence at the time the secured high risk social services facility is established.
(i) "Within the line of sight"
means that it is possible to reasonably visually distinguish and recognize individuals.
(ii) "Risk potential activities and facilities"
means an activity or facility that provides a higher incidence of risk to the public from persons conditionally released to an LRA. Risk potential activities and facilities include: public and private schools, school bus stops, licensed day care and licensed preschool facilities, domestic violence shelters, public parks, publicly dedicated trails, sports fields, playgrounds, recreational and community centers, churches, synagogues, temples, mosques, public libraries, public and private youth camps, and others identified during a public hearing. For the purposes of this section, "school bus stops" does not include bus stops established primarily for public transit.
(d)
The secured high risk social services facility shall not be located in a community protection zone as defined in RCW 9.94A.030(6).
(i)
Distance shall be measured from all property lines of the social services facility and from all property lines of the facilities and grounds of a public or private school.
(e)
The secured high risk social services facility shall meet the applicable health district standards for water and sewage disposal to account for staff and residents.
(f)
Principal access to the secured high risk social services facility shall be from a city-maintained right-of-way.
(g)
If a person's liberty is restricted or a person is not capable of self-preservation without physical assistance, the secured high risk social services facility shall be equipped with an automated fire sprinkler system as required by the building code.
(h)
If windows/doors are required to be secured, the secured high risk social services facility shall have a system to automatically release locks, which shall be interlocked with the fire protection system.
(i)
The secured high risk social services facility shall have backup power sufficient to energize the safety and security systems in the event of a power outage.
(Ord. 021-19 § 4; Ord. 037-19 § 4; Ord. 008-25 § 8 (Exh. G))
§ 20.39.200 Animal shelter.
A facility for the temporary housing of abandoned, surrendered, sick or wounded domestic or wild animals subject to licensing conditions by appropriate county and state officials.
(Ord. 011-19 § 4 (Exh. 1); Ord. 008-25 § 8 (Exh. G))
§ 20.39.210 Transit bus base (includes school bus bases).
A facility for the storage, dispatch, repair and maintenance of buses and other vehicles of a public transit system.
(Ord. 011-19 § 4 (Exh. 1); Ord. 008-25 § 8 (Exh. G))
§ 20.39.220 Transit park-and-ride lot.
Vehicle parking specifically for the purpose of access to a public transit system.
(Ord. 011-19 § 4 (Exh. 1); Ord. 008-25 § 8 (Exh. G))
§ 20.39.230 Transfer station.
A staffed collection and transportation facility used by private individuals and route collection vehicles to deposit solid waste collected off site into larger transfer vehicles for transport to permanent disposal sites. May also include recycling facilities involving collection or processing for shipment.
(Ord. 011-19 § 4 (Exh. 1); Ord. 008-25 § 8 (Exh. G))
§ 20.39.240 Civic uses.
(1)
Defined. Places of public assembly that provide ongoing governmental, life safety, educational, and cultural services to the general public, as well as meeting areas for religious practice. Civic uses include the following:
(2)
Community College or University. A facility of higher education having authority to award associate and higher degrees.
(3)
Club or Lodge. A facility used for associations or organizations of an educational, fraternal, or social character, not operated or maintained for profit. Representative organizations include but are not limited to Elks, VFW, Lions, and Rotary.
(4)
Museum or Library. A facility having public significance by reason of its architecture or former use or occupancy, or a building serving as a repository for a collection of books, natural, scientific, literary curiosities or objects of interest, or works of art, and arranged, intended, and designed to be viewed by members of the public, with or without an admission fee.
(5)
Place of Worship. A facility that by design and construction is primarily intended for conducting organized religious services.
(6)
Public Use. Any building, structure, or use owned and operated by the federal government, state, county, the city, port, utility district, or other municipality, or any authority, agency, board, or commission of the above governments that is necessary to serve a public purpose, including but not limited to government administrative buildings; post offices; police, fire and EMS stations; public health facilities; public works facilities; community centers; and jails and correctional facilities.
(7)
Trade or Technical School. A facility having a curriculum devoted primarily to industry, trade, or other vocational-technical instruction.
(8)
Schools (K-12). A facility for students in grades pre-kindergarten through grade 12.
(9)
Jail or Detention Center. A facility operated by a governmental agency that is designed, staffed, and used for the incarceration of persons for the purpose of punishment, correction, and rehabilitation following conviction of an offense.
(Ord. 011-19 § 4 (Exh. 1); Ord. 008-25 § 8 (Exh. G))
§ 20.39.250 Parks and open space.
(1)
Defined. Uses focusing on natural areas consisting mostly of vegetation, passive or active outdoor recreation areas, and having few structures. "Parks and open space" includes the following:
(a)
Golf Course. A golf course is a public or private recreational facility that contains a golf course, and may contain ancillary facilities such as a driving range, pro shop, storage and maintenance buildings, clubhouse, meeting rooms and restaurant.
(b)
Cemetery. Land or structures used for burial or internment of the dead. For purposes of this code, pet cemeteries are considered a subclassification of this use.
(c)
Park, Recreation Field. An area used for outdoor play or recreation, often containing recreational equipment such as slides, swings, climbing frames, ballfields, soccer fields, basketball courts, swimming pools, and tennis courts. May include passive and active recreation.
(Ord. 011-19 § 4 (Exh. 1); Ord. 050-22 § 7; Ord. 008-25 § 8 (Exh. G))
§ 20.39.260 Utilities.
(1)
Defined. Public or private infrastructure serving a limited area with no on-site personnel (minor utility) or serving the general community with on-site personnel (major utility). Utilities includes the following:
(a)
Minor utilities, including on-site stormwater retention or detention facility, neighborhood serving telephone exchange/switching center, gas/electric/telephone/cable transmission lines, water and wastewater pump station or lift station, gas gates, reservoir, control structure, drainage well, water supply, water well.
(b)
Major utilities, including aeration facility, electrical substation, electric or gas generation plant, filter bed, transmission towers, waste treatment plant, water pumping facility, water tower or tank.
(Ord. 011-19 § 4 (Exh. 1); Ord. 008-25 § 8 (Exh. G))
§ 20.39.270 Wireless telecommunication facilities.
(1) "Wireless telecommunication facility" and "wireless communication facility"(a) (b) (c)
both mean a facility for the provision of radio waves or wireless telephone or data services and include the following:
"Amateur radio operator tower"
means a facility used for personal, noncommercial radio licensed by the Federal Communications Commission.
"Small wireless facility"
is a facility that meets the definition contained in POMC § 20.72.030.
"Wireless telecommunication tower"
means any mast, pole, monopole, lattice tower or other structure designed and primarily used to support antennas as further defined in POMC § 20.70.200(1) and § 20.72.030.
(Ord. 011-19 § 4 (Exh. 1); Ord. 015-22 § 3; Ord. 008-25 § 8 (Exh. G))
§ 20.39.300 Automobile service station.
(1)
Defined. Any building, and the lot on which it is located, that is used for the sale of gasoline or other motor fuels, oils, lubricants, and for the minor servicing of motor vehicles. Automobile service stations are primarily engaged in selling gasoline and lubricating oils; frequently selling other merchandise, such as tires, batteries, and other automobile parts, or performing minor repair work. An automobile service station may be a principal use that is combined with other activities, such as grocery stores, convenience stores, or car washes.
(Ord. 011-19 § 4 (Exh. 1); Ord. 008-25 § 8 (Exh. G))
§ 20.39.305 Day care facility.
(1)
Defined. A facility providing care and supervision for compensation during part of a 24-hour day, for a child/adult or children/adults not related by blood, marriage, or legal guardianship to the person or persons providing the care, in a place other than the child's/adult's or children's/adults' own home or homes. Day care facilities include the following:
(2)
Family Day Care Home. A facility in which regular care is provided during part of the 24-hour day to six or fewer children/adults in the family abode of the person or persons under whose direct care the children/adults are placed.
(3)
Mini Day Care Center. A facility in which regular care is provided during part of the 24-hour day to 12 or fewer children/adults in a facility other than the family abode of the person or persons under whose direct care the children/adults are placed, or for the care of seven to 12 children/adults in the family abode of such person or persons.
(4)
Day Care Center. A facility in which regular care is provided for 13 or more children/adults during part of the 24-hour day.
(Ord. 011-19 § 4 (Exh. 1); Ord. 008-25 § 8 (Exh. G))
§ 20.39.310 Conference center.
(1)
Defined. An establishment developed primarily as a meeting facility, which may include facilities for recreation, events, seminars, and related activities.
(Ord. 011-19 § 4 (Exh. 1); Ord. 008-25 § 8 (Exh. G))
§ 20.39.315 Indoor recreation.
(1)
Defined. A commercial facility providing daily or regularly scheduled recreation-oriented activities in an indoor setting. Indoor recreation includes the following:
(a)
Amusement center, game/video arcade;
(b)
Assembly hall, auditorium, meeting hall;
(c)
Billiard hall, pool hall;
(d)
Bowling alley;
(e)
Dance, martial arts, music studio or classroom;
(f)
Extreme sports facility such as BMX, skateboarding or roller blading;
(g)
Gym, health spa or yoga studio;
(h)
Ice or roller skating rink;
(i)
Indoor sports facility;
(j)
Inflatable playground, indoor trampolines;
(k)
Miniature golf facility;
(l)
Motor track;
(m)
Movie theater or other indoor theater;
(n)
Shooting range; and
(o)
Special event facility.
(2)
Dance, Martial Arts, Music Studio or Classroom. A facility that offers or provides instruction to more than two students at a time in dance, singing, music, painting, sculpting, fine arts or martial arts.
(3)
Gym, Health Spa, Yoga Studio. A facility that, for profit or gain, provides as one of its primary purposes, services or facilities which assist patrons to improve their physical condition or appearance. Not included within this definition are facilities operated by nonprofit organizations, facilities wholly owned and operated by a licensed physician at which such physician is engaged in the practice of medicine, or any establishment operated by a health care facility.
(4)
Shooting Range. A facility with an enclosed firing range with targets for archery, rifle or handgun practice.
(5)
Special Event Facility. A facility or assembly hall available for lease by private parties or special events, such as weddings.
(Ord. 011-19 § 4 (Exh. 1); Ord. 008-25 § 8 (Exh. G))
§ 20.39.320 Commercial entertainment.
(1)
Adult Entertainment – Defined. An enterprise whose predominant emphasis is involved in the selling, renting or presenting for commercial purposes of adult entertainment merchandise including books, magazines, motion pictures, films, video cassettes, or cable television for observation by patrons therein. Examples of such establishments include, but are not limited to, adult book or video stores and establishments offering panoramas, or peep shows. "Predominant emphasis" means 50 percent or more of gross revenue generated or total volume of shelf space and display area, whichever is more restrictive.
(Ord. 011-19 § 4 (Exh. 1); Ord. 008-25 § 8 (Exh. G))
§ 20.39.325 Medical uses.
(1)
Defined. A facility providing medical or surgical care to patients. Some facilities may offer overnight care. Medical uses include the following:
(a)
Ambulatory surgical center;
(b)
Blood or plasma donation center, medical or dental laboratory;
(c)
Hospital. A facility providing health services primarily for the sick or injured, and offering inpatient medical and/or surgical care;
(d)
Medical, dental office or chiropractor, osteopath, physician, medical practitioner;
(e)
Medical clinic; and
(f)
Urgent care, emergency medical office.
(Ord. 011-19 § 4 (Exh. 1); Ord. 008-25 § 8 (Exh. G))
§ 20.39.335 Office uses.
(1)
Defined. A facility used for activities conducted in an office setting and generally focusing on business, professional or financial services. Office uses include the following:
(a)
Services including, but not limited to, advertising, business management consulting, computer or data processing, graphic design, commercial art or employment agency;
(b)
Professional services including, but not limited to, lawyer, accountant, auditor, bookkeeper, engineer, architect, sales office, travel agency, interior decorator or security system services;
(c)
Financial services including, but not limited to, lender, investment or brokerage house, bank, bail bonds, insurance adjuster, real estate or insurance agent, mortgage agent or collection agency;
(d)
Counseling in an office setting;
(e)
Radio, TV station, recording studio;
(f)
Bail Bonds. A facility with a bail bond agent, or bondsman, that provides surety and pledges money or property as bail for the appearance of persons accused in court; and
(g)
Call Center. A facility used for the purpose of receiving or transmitting a large volume of telephone calls.
(Ord. 011-19 § 4 (Exh. 1); Ord. 008-25 § 8 (Exh. G))
§ 20.39.340 Outdoor recreation.
(1)
Defined. A commercial facility, varying in size, providing daily or regularly scheduled recreation-oriented activities. Activities take place predominately outdoors or within outdoor structures. Outdoor recreation includes the following.
(a)
Drive-in theater;
(b)
Campground, travel trailer park, RV park;
(c)
Extreme sports facility such as BMX, skateboarding or roller blading;
(d)
Horse stable, riding academy, equestrian center;
(e)
Outdoor amusements such as batting cage, golf driving range, amusement park, miniature golf facility or water park;
(f)
Outdoor theater; and
(g)
Shooting range.
(2)
Campground, Travel Trailer Park, RV Park. A facility used for two or more tent or recreational vehicle campsites. Does not include sites for manufactured homes.
(3)
Horse Stable, Riding Academy, Equestrian Center. A facility used primarily for the care, breeding, boarding, rental, riding or training of horses or for the teaching of equestrian skills. Where a horse stable, riding academy or equestrian center is allowed as a limited use, no part of any building, structure or run in which animals are housed may be closer than 50 feet from any property line, except property owned or occupied by an owner or operator of the facility.
(4)
Shooting Range. A facility with an outdoor firing range with targets for archery, rifle or handgun practice.
(Ord. 011-19 § 4 (Exh. 1); Ord. 008-25 § 8 (Exh. G))
§ 20.39.345 Overnight lodging.
(1)
Defined. Accommodations arranged for short-term stays. Overnight lodging includes the following:
(a)
Level 1 Lodging (Vacation Rentals). A vacation rental is a self-contained dwelling that may be rented by individuals or groups on a daily basis.
(b)
Level 2 Lodging (Bed and Breakfast) (Up to Seven Rooms). A bed and breakfast is an owner-occupied dwelling which offers no more than seven bedrooms for paying guests on a daily basis.
(c)
Level 3 Lodging (Motel). A motel is an establishment providing overnight accommodations with a majority of all guest rooms having direct access to the outside without the necessity of passing through the main lobby of the building, with or without food services.
(d)
Level 4 Lodging (Hotel). A hotel is an establishment providing overnight accommodations with a majority of all guest rooms having direct access through the main lobby of the building, with or without food services.
(Ord. 011-19 § 4 (Exh. 1); Ord. 008-25 § 8 (Exh. G))
§ 20.39.350 Parking.
(2)
Commercial Parking. A facility that provides parking as a principal use and where a fee is charged. A Type A or B buffer (see POMC § 20.128.060) must be established along all lot lines abutting a ground floor residential use. All surface parking areas must be landscaped in accordance with POMC § 20.128.070.
(3)
Remote Parking. A facility that provides parking as a principal use and where a fee is not charged. Where remote parking is allowed as a limited use, it is subject to the following:
(a)
The remote parking facility must be located within the same or more intense zoning district as the principal use served;
(b)
A Type A or B buffer (see POMC § 20.128.060) must be established along all lot lines abutting a ground floor residential use; and
(c)
All surface parking areas must be landscaped in accordance with POMC § 20.128.070.
(Ord. 011-19 § 4 (Exh. 1); Ord. 008-25 § 8 (Exh. G))
§ 20.39.355 Personal services.
(1)
Defined. A facility involved in providing personal or repair services to the general public. Personal services include, but are not limited to, the following:
(a)
Beauty, hair or nail salon;
(b)
Catering establishment;
(c)
Cleaning establishment, dry-cleaning or laundry drop-off facility, laundromat, washeteria;
(d)
Copy center, printing, binding, photocopying, blueprinting, mailing service;
(e)
Funeral home, funeral parlor, mortuary, undertaking establishment, crematorium;
(f)
Landscaping services;
(g)
Locksmith;
(h)
Optometrist;
(i)
Palmist, psychic, medium, fortunetelling;
(j)
Repair of appliances, bicycles, canvas product, clocks, computers, jewelry, musical instruments, office equipment, radios, shoes, televisions, watch or similar items;
(k)
Tailor, milliner or upholsterer;
(l)
Tattoo parlor or body piercing;
(m)
Taxidermist;
(n)
Tutoring;
(o)
Wedding chapel; and
(p)
Massage parlor.
(Ord. 011-19 § 4 (Exh. 1); Ord. 050-22 § 8; Ord. 008-25 § 8 (Exh. G))
§ 20.39.360 Animal care (indoor).
(1)
Defined. A facility designed or arranged for the care of animals without any outdoor activity. No outdoor activity associated with care of animals is allowed. Includes animal grooming, animal hospital, veterinary clinic, pet clinic, animal boarding, animal shelter, cattery, commercial kennel and doggy day care.
(Ord. 011-19 § 4 (Exh. 1); Ord. 008-25 § 8 (Exh. G))
§ 20.39.365 Animal care (outdoor).
(1)
Defined. A facility designed or arranged for the care of animals that includes outdoor activity. Includes animal grooming, animal hospital, veterinary clinic, pet clinic, animal boarding, animal shelter, cattery, commercial kennel and doggy day care. Where outdoor animal care is allowed as a limited use, it is subject to the following:
(a)
All outdoor exercise areas and runs must be fenced for the safe confinement of animals;
(b)
A Type A or B buffer (see POMC § 20.128.060) must be established along any outside areas used to exercise, walk, or keep animals that abuts a ground floor residential use; and
(c)
No animal may be outdoors between 11:00 p.m. and 6:00 a.m.
(Ord. 011-19 § 4 (Exh. 1); Ord. 008-25 § 8 (Exh. G))
§ 20.39.370 Restaurant.
(1)
Defined. A facility for commercial use in which food and beverages are prepared and sold for on- or off-premises consumption. This definition also includes food trucks, which are mobile vehicles in which food is prepared and served.
(Ord. 011-19 § 4 (Exh. 1); Ord. 008-25 § 8 (Exh. G))
§ 20.39.375 Retail sales.
(1)
Defined. A facility involved in the sale, lease or rental of new or used products. Retail sales includes, but is not limited to, the following:
(a)
Recreational marijuana sales;
(b)
Convenience Store with Fuel Pumps. A facility with a floor area less than 5,000 square feet that sells convenience goods, such as prepackaged food items and a limited line of groceries. A convenience store with fuel pumps may sell vehicle fuel but cannot have any type of vehicle repair or service. Where a convenience store with fuel pumps is allowed as a limited use, it is subject to the following:
(i)
A convenience store with fuel pumps is subject to the conditional use permit requirements of a fuel station (see POMC § 20.39.390).
(ii)
All fuel pumps must be located at least 25 feet from any public right-of-way or lot line, and all buildings and appurtenances must be located at least 100 feet from all lot lines abutting a residential use;
(iii)
A Type A or B buffer (see POMC § 20.128.060) must be established along all lot lines abutting a residential use; and
(iv)
All fuel must be stored underground outside of any public right-of-way.
(c)
Convenience Store without Fuel Pumps. A facility with a floor area less than 5,000 square feet that sells convenience goods, such as prepackaged food items and a limited line of groceries. A convenience store without fuel pumps cannot sell vehicle fuel or have any type of automotive service.
(d)
Vehicle Sales/Rental. A facility that sells, rents or leases passenger vehicles, light and medium trucks, and other consumer vehicles such as motorcycles, boats and recreational vehicles.
(e)
Light Vehicle/Equipment. Sales, rental or leasing of passenger vehicles, motorcycles, boats.
(i)
A Type A or B landscape buffer (see POMC § 20.128.060) must be established along all lot lines abutting a ground floor residential use;
(ii)
Vehicle display areas may not be artificially elevated above the general topography of the site; and
(iii)
Parked or stored vehicles may not encroach upon any public right-of-way or sidewalk.
(f)
Heavy Vehicle/Equipment. Sales, rental or leasing of commercial vehicles, heavy equipment and manufactured homes. Includes recreational vehicles, 18-wheelers, commercial box trucks, high-lifts, construction, heavy earth-moving equipment and manufactured homes.
(i)
A Type A or B landscape buffer (see POMC § 20.128.060) must be established along all lot lines abutting a ground floor residential use;
(ii)
Vehicle display areas may not be artificially elevated above the general topography of the site; and
(iii)
Parked or stored vehicles may not encroach upon any public right-of-way or sidewalk.
(Ord. 011-19 § 4 (Exh. 1); Ord. 008-25 § 8 (Exh. G))
§ 20.39.380 Business services.
(1)
Defined. A facility providing professional office and commercial retail businesses with services including maintenance, repair and service, testing, and rental, such as business equipment repair services, document storage, document destruction, and soils and materials testing laboratories. This use excludes maintenance, repair, and service uses that are industrial in nature or that include outdoor storage of equipment or supplies. Examples include but are not limited to: Uses that include maintenance, repair and service such as copiers or computers are allowed. Uses that include maintenance, repair and service related to plumbing, landscaping, commercial kitchens or other industrial type uses are not allowed.
(Ord. 011-19 § 4 (Exh. 1); Ord. 033-20 § 7; Ord. 008-25 § 8 (Exh. G))
§ 20.39.385 Marina.
(1)
Defined. A facility that provides launching, storage, supplies, moorage, and other accessory services for six or more pleasure and/or commercial watercraft.
(Ord. 011-19 § 4 (Exh. 1); Ord. 008-25 § 8 (Exh. G))
§ 20.39.390 Fuel station.
(1)
Defined. A facility that provides gasoline and/or diesel fuel to retail consumers for motor vehicles.
(2)
Where indicated in the use table, POMC § 20.39.040, a fuel station is required to obtain a conditional use permit per Chapter 20.50 POMC. In addition to the criteria for approval in POMC § 20.50.050, the hearing examiner must also make the following findings in order to issue the conditional use permit:
(a)
The proposed fuel station use will provide additional fueling pumps that are necessary to meet the needs of Port Orchard's population, as demonstrated by a demand analysis and report provided by the applicant.
(Ord. 011-19 § 4 (Exh. 1); Ord. 008-25 § 8 (Exh. G))
§ 20.39.400 Heavy industrial uses.
(1)
Defined. A facility that involves dangerous, noxious or offensive uses or a facility that has smoke, odor, noise, glare, fumes, gas, vibration, threat of fire or explosion, emission of particulate matter, interference with radio, television reception, radiation or any other likely cause. Heavy industrial includes the following:
(a)
Animal processing, packing, treating, and storage;
(b)
Bottling plant;
(c)
Bulk fuel sales;
(d)
Bulk storage of flammable liquids, chemicals, cosmetics, drugs, soap, paints, fertilizers and abrasive products;
(e)
Concrete batch plant;
(f)
Prison (public or private);
(g)
Primary metal manufacturing; and
(h)
Sawmill, log production facility, lumberyard.
(Ord. 011-19 § 4 (Exh. 1); Ord. 008-25 § 8 (Exh. G))
§ 20.39.410 Light manufacturing.
(1)
Defined. A facility conducting light manufacturing operations within a fully-enclosed building. Light manufacturing includes the following:
(a)
Laundry, dry-cleaning, and carpet cleaning plant;
(b)
Brewery, distillery;
(c)
Clothing, textile or apparel manufacturing;
(d)
Craft shop;
(e)
Food and beverage processing, boutique;
(f)
Food and beverage processing, industrial;
(g)
Facilities engaged in the assembly or manufacturing of scientific measuring instruments; semiconductor and related devices, including but not limited to clocks, integrated circuits, jewelry, medical, musical instruments, photographic or optical instruments or timing instruments;
(h)
Pharmaceutical or medical supply manufacturing;
(i)
Recreational equipment manufacturing;
(j)
Sheet metal, welding, machine shop, tool repair;
(k)
Stone, clay, glass or concrete products;
(l)
Woodworking, cabinet makers or furniture manufacturing;
(m)
Marijuana production;
(n)
Marijuana processing.
(2)
Craft Shop. A facility devoted solely to the arts and crafts that produces or makes items that, by their nature, are designed or made by an artist or craftsman by using hand skills. Where a craft shop is allowed as a limited use, it is subject to the following:
(a)
May have no more than five employees;
(b)
No more dust, fumes, gases, odors, smoke, or vapors are allowed to escape from the premises than that which is usual in the neighborhood;
(c)
All byproducts, including waste, are effectively confined to the premises or disposed of off the premises so as to avoid air pollution, other than that which is usual in the neighborhood;
(d)
No noise or disturbance of adjoining premises takes place other than that which is usual in the neighborhood; and
(e)
All equipment and material storage is kept in an enclosed structure.
(3)
Food and Beverage Processing, Boutique. A facility in which food, beverages or alcohol are processed or otherwise prepared and distributed for eventual human consumption. The facility may, in addition to its processing operation and exclusive of the processing, bottling, and storage floor area limitation, have a restaurant, offer related and unrelated retail sales, and on-site consumption of free samples when permitted by the state. The use shall be conducted in a fashion that does not generate continuous, frequent, or repetitive noises or vibrations other than that which is usual in the neighborhood.
(4)
Food and Beverage Processing, Industrial. A facility in which food, beverage or alcohol are processed, or otherwise prepared and distributed for eventual human consumption. The establishment may, as a subordinate use, offer retail sales and on-site consumption of free samples with no associated seating area, when permitted by the state, of only products produced or processed by the principal use on site.
(Ord. 011-19 § 4 (Exh. 1); Ord. 008-25 § 8 (Exh. G))
§ 20.39.420 Research and development.
(1)
Defined. A facility focused primarily on the research and development of new products. Research and development includes the following:
(a)
Laboratories, offices and other facilities used for research and development by or for any individual, organization or concern, whether public or private;
(b)
Prototype production facilities that manufacture a limited amount of a product in order to fully investigate the merits of such a product; and
(c)
Pilot plants used to test manufacturing processes planned for use in production elsewhere.
(Ord. 011-19 § 4 (Exh. 1); Ord. 008-25 § 8 (Exh. G))
§ 20.39.430 Resource extraction.
(1)
Defined. A facility that extracts minerals and other solids and liquids from land. Resource extraction includes the following:
(Ord. 011-19 § 4 (Exh. 1); Ord. 008-25 § 8 (Exh. G))
§ 20.39.440 Vehicle service and repair.
(1)
Defined. Repair and service to passenger vehicles, light and medium trucks, and other consumer motor vehicles such as motorcycles, boats and recreational vehicles. Vehicle service includes the following:
(2)
Car Wash. A facility with mechanical or hand-operated equipment used for cleaning, washing, polishing or waxing of motor vehicles. Car wash facilities are subject to the following:
(a)
No hand-operated car wash is permitted within 50 feet of a residential use (measured from the residential lot line to the lot line of the car wash facility).
(b)
No mechanical car wash is permitted within 150 feet of a residential use (measured from the residential lot line to the lot line of the car wash facility).
(c)
A Type A or B buffer (see POMC § 20.128.060) must be established along all lot lines abutting a ground floor residential use.
(d)
When abutting a ground floor residential use, the car wash facility cannot operate before 6:00 a.m. or after 11:00 p.m.
(3)
Vehicle Repair (Minor). A facility where minor vehicle repair and service is conducted. Includes audio and alarm installation, custom accessories, quick lubrication facilities, minor scratch and dent repair, emissions testing, bed-liner installation, and glass repair or replacement. The following apply to vehicle repair (minor) facilities:
(a)
A Type A or B buffer (see POMC § 20.128.060) must be established along all lot lines abutting a ground floor residential use; and
(b)
The dismantling of vehicles for salvage and the storage of impounded vehicles is not allowed.
(4)
Vehicle Repair (Major). A facility where general vehicle repair is conducted, including transmission, brake, muffler and tire shops, along with body and paint shops. The following apply to vehicle repair (major) facilities:
(a)
A Type A or B buffer (see POMC § 20.128.060) must be established along all lot lines abutting a ground floor residential use; and
(b)
The dismantling of vehicles for salvage and the storage of impounded vehicles is not allowed.
(5)
Vehicle Repair (Commercial Vehicle). A facility conducting repair, service, washing or accessory installation for commercial vehicles, including box trucks, 18-wheelers and construction or other heavy equipment. The following apply to vehicle repair (commercial vehicle) facilities:
(a)
A Type A or B buffer (see POMC § 20.128.060) must be established along all lot lines abutting a ground floor residential use; and
(b)
The dismantling of vehicles for salvage and the storage of impounded vehicles is not allowed.
(Ord. 011-19 § 4 (Exh. 1); Ord. 008-25 § 8 (Exh. G))
§ 20.39.450 Warehouse, storage and distribution.
(1)
Defined. A facility involved in the storage or movement of goods for itself or other firms. Goods are generally delivered to other firms or the final consumer with little on-site sales activity to customers. Warehouse, storage and distribution includes enclosed storage such as bulk storage, cold storage plants, frozen food lockers, household moving and general freight storage.
(Ord. 011-19 § 4 (Exh. 1); Ord. 008-25 § 8 (Exh. G))
§ 20.39.460 Self storage (mini warehouse).
(1)
Defined. A facility involved in the rental of storage space, such as rooms, lockers, or containers, to individuals for the purpose of storing personal belongings.
(2)
Self storage shall only be permitted in areas within the self storage overlay district (SSOD) in accordance with POMC § 20.38.700 through § 20.38.740, in zones where permitted outright or as a conditional use in the land use table in this chapter. Self storage facilities that are built and operated as an accessory to an apartment use are not subject to the limitations of the SSOD.
(3)
Where indicated as a conditional use in the use table, POMC § 20.39.040, a self-storage facility is required to obtain a conditional use permit per Chapter 20.50 POMC. In addition to the criteria for approval in POMC § 20.50.050, the hearing examiner must also make the following findings in order to issue the conditional use permit:
(a)
The proposed self service storage use will provide self storage units that are necessary to meet the needs of Port Orchard's population, as demonstrated by a demand analysis and report provided by the applicant.
(b)
The self storage facility shall be at least two stories in height, as measured from ground level and not including any basement or below-grade area.
(Ord. 011-19 § 4 (Exh. 1); Ord. 056-19 § 17; Ord. 008-25 § 8 (Exh. G))
§ 20.39.470 Storage yard.
(1)
Defined. A facility used for the storage of any material or item, including motor or marine vehicles, that is not in a structure comprised of at least three walls and a roof. Does not include facilities that are primarily used for the sale of motor and/or marine vehicles.
(Ord. 011-19 § 4 (Exh. 1); Ord. 008-25 § 8 (Exh. G))
§ 20.39.480 Waste-related services.
(1)
Defined. A facility that processes and stores waste material. Waste-related service includes the following:
(Ord. 011-19 § 4 (Exh. 1); Ord. 008-25 § 8 (Exh. G))
§ 20.39.500 Agriculture.
(2)
Agricultural Processing. Any operation that transforms, packages, sorts, or grades farm products into goods that are used for intermediate or final consumption, including goods for non-food use, such as the products of forestry. Agricultural processing includes milk plant, grain elevator, and mulch or compost production and manufacturing, but does not include animal processing, packing, treating, and storage. Agricultural processing also does not include marijuana processing pursuant to Chapter 20.64 POMC.
(3)
Community Garden. An area of land managed and maintained by a group of individuals to grow and harvest food crops and non-food ornamental crops, for personal or group use, consumption or donation. May be divided into separate plots for cultivation by one or more individuals or may be farmed collectively by members of the group, and may include common areas maintained and used by the group. Where a community garden is allowed as a limited use, it is subject to the following:
(4)
Nursery. A facility for the sale of plants and plant materials grown on or off site, as well as garden supplies, equipment and related items.
(5)
Winery. A facility for processing grapes or other fruit into wine for sale on site or through wholesale or retail outlets.
(Ord. 011-19 § 4 (Exh. 1); Ord. 008-25 § 8 (Exh. G))
§ 20.39.600 Accessory dwelling units.
(1)
Defined. An accessory dwelling unit (ADU) is a separate, complete dwelling unit attached to or contained within the structure of the primary home or use. An ADU may be either an accessory apartment (attached dwelling) or a backyard cottage dwelling.
(Ord. 011-19 § 4 (Exh. 1); Ord. 008-25 § 8 (Exh. G))
§ 20.39.610 Drive-through facility.
(1)
Defined. A facility at which the customer is served while sitting in a vehicle, typically associated with drive-through restaurants, banks and pharmacies.
(2)
No drive-through window, lane or order box is permitted within 50 feet of a ground floor residential use (measured from the residential lot line to the closest point of the drive-through lane).
(3)
In all drive-through areas, including but not limited to menu boards, stacking lanes, trash receptacles, ordering box, drive up windows, and other objects associated with the drive-through, must be located to the side or rear of the building. Drive-through windows and lanes may not be placed between a public street (not including an alley) and the associated building.
(4)
Queuing, landscaping and screening requirements are specified in POMC § 20.124.070 and Chapter 20.128 POMC.
(Ord. 011-19 § 4 (Exh. 1); Ord. 008-25 § 8 (Exh. G))
§ 20.39.615 Home occupation.
(1)
Defined. A home occupation provides a service or product that is conducted wholly within a dwelling unit. Customers and employees coming to the dwelling to conduct business are not allowed. A home occupation does not include a bed and breakfast or day care facility.
(2)
The use of the dwelling unit for a home occupation must be clearly incidental and subordinate to its use for residential purposes, and under no circumstances change the residential character of the building.
(3)
No business, storage or warehousing of materials, supplies or equipment is allowed outside.
(4)
No equipment or process may be used that creates excessive noise, vibration, glare, fumes, odors, or electrical interference.
(5)
No display of products may be visible from the street.
(6)
No persons other than members of the family residing on the premises may be engaged in the home occupation.
(7)
No more than one vehicle may be used in the conduct of the home occupation, and it must be parked on site.
(8)
Storage space and the operation of the business cannot exceed 25 percent of the total floor area of the dwelling (including any accessory structures on the lot).
(9)
Customers and employees are not allowed.
(10)
The delivery of materials may not exceed more than two deliveries per day. No delivery may be by a vehicle larger than typical delivery van.
(11)
No signs advertising the home occupation are allowed.
(Ord. 011-19 § 4 (Exh. 1); Ord. 008-25 § 8 (Exh. G))
§ 20.39.620 Home business.
(1)
Defined. A home business provides a service or product that is conducted wholly within a dwelling that requires employees, customers, clients or patrons to visit the dwelling. A home business does not include a bed and breakfast or day care facility.
(2)
The use of the dwelling unit for a home business must be clearly incidental and subordinate to its use for residential purposes, and under no circumstances change the residential character of the building.
(3)
No business, storage or warehousing of materials, supplies or equipment is allowed outside.
(4)
No equipment or process may be used that creates excessive noise, vibration, glare, fumes, odors, or electrical interference.
(5)
No display of products may be visible from the street.
(6)
The home business must be conducted by a person residing on the premises.
(7)
No more than two employees of the business excluding the business/home owner (or home occupant) shall work on the premises.
(8)
No more than one vehicle may be used in the conduct of the home business, and the vehicle must be parked on site.
(9)
Storage space and the operation of the business inside the dwelling cannot exceed 25 percent of the total floor area of the building (including any accessory structures on the lot).
(10)
Not more than 12 client vehicle trips a day are permitted to visit the home business.
(11)
The delivery of materials may not exceed more than two deliveries per day. No delivery may be by a vehicle larger than typical delivery van.
(12)
Retail sales of goods must be entirely accessory to any service provided on the site (such as hair care products sold as an accessory to hair cutting).
(13)
No mechanical equipment is installed or used except such that is normally used for domestic or professional purposes.
(Ord. 011-19 § 4 (Exh. 1); Ord. 008-25 § 8 (Exh. G))
§ 20.39.625 Livestock keeping.
(1)
Defined. Livestock includes any animals of the equine, swine or bovine class, including goats, sheep, mules, cattle, hogs, pigs and other grazing animals, and all ratites, including, but not limited to, ostriches, emus and rheas.
(3)
Rabbits, Turkeys, Ducks and Chickens.
(a)
One rabbit, turkey, duck or chicken is allowed per 1,500 square feet of lot area; provided, that no more than five rabbits, ducks or chickens, and no more than three turkeys, are located on a single parcel.
(b)
An area of at least 20 square feet or at least four square feet for each rabbit, turkey, duck or chicken, whichever is larger, must be provided. The area must be adequately fenced, cannot be located in a front yard, be at least 25 feet from any dwelling on an abutting lot and be at least 15 feet from any side or rear lot line.
(c)
Coops or cages may not exceed eight feet in height.
(4)
Alpacas, Llamas, Goats and Sheep.
(a)
A lot least one-half acre in size is allowed one alpaca, llama, goat or sheep per 10,000 square feet of lot area.
(b)
An area of at least 500 square feet or at least 250 square feet for each alpaca, llama, goat or sheep, whichever is larger, must be provided.
(c)
The containment area must be adequately fenced, cannot be located in a front yard and must be at least 15 feet from any side or rear lot line.
(Ord. 011-19 § 4 (Exh. 1); Ord. 008-25 § 8 (Exh. G))
§ 20.39.630 Outdoor display.
(1)
Defined. The outdoor display of products actively available for sale. The outdoor placement of propane gas storage racks, ice storage bins, soft drink or similar vending machines is considered outdoor display. Outdoor display does not include merchandise or material in boxes, in crates, on pallets or other kinds of shipping containers (see limited outdoor storage). Where allowed, the outdoor sale or rental of vehicles or equipment as part of a properly permitted use is not considered outdoor display.
(2)
Outdoor display is only allowed with a permitted nonresidential use.
(3)
Outdoor display must abut the primary facade with the principal customer entrance, and may not extend more than six feet from the facade or occupy more than 25 percent of the horizontal length of the facade.
(4)
Outdoor display may not exceed six feet in height.
(5)
Outdoor display must be removed and placed inside a fully-enclosed building at the end of each business day, except propane gas storage racks, ice storage bins, soft drink or similar vending machines may remain outside overnight.
(6)
Outdoor display may not encroach upon any public right-of-way or sidewalk. Outdoor display may not impair the ability of pedestrians to use the sidewalk. There must be a minimum of six feet of clear distance of sidewalk at all times.
(Ord. 011-19 § 4 (Exh. 1); Ord. 008-25 § 8 (Exh. G))
§ 20.39.635 Outdoor storage.
(1)
Defined.
(a)
Low-Impact.
(i)
Low-impact outdoor storage includes, but is not limited to:
(A)
The overnight outdoor storage of vehicles awaiting repair;
(B)
The outdoor storage of merchandise or material in boxes, in crates, on pallets or other kinds of shipping containers;
(C)
Outdoor sale areas for sheds, building supplies, garden supplies, plants, lawn mowers, barbecues and other similar items; and
(D)
The outdoor storage of vehicles, boats, recreational vehicles or other similar vehicles at a self-service storage, mini warehouse facility.
(ii)
Use Standards.
(A)
All material stored outdoors cannot be located in a required setback;
(B)
All material stored outdoors may not be more than 12 feet in height;
(C)
All material stored outdoors must be fully screened from view from the public right-of-way and abutting properties using a Type A or B buffer (see POMC § 20.128.060); and
(D)
Vehicles awaiting repair may only be stored up to 14 days within the screened storage area.
(b)
High-Impact.
(i)
High-impact outdoor storage includes, but is not limited to:
(A)
The outdoor storage of contractor's equipment, lumber, pipe, steel or wood;
(B)
The outdoor storage of salvage, recycled materials or scrap metal;
(C)
The outdoor storage of impounded or inoperable vehicles;
(D)
The outdoor storage or loading yard for vehicles, trailers or equipment;
(E)
The outdoor storage of construction material; and
(F)
The outdoor storage of domestic or construction waste or debris.
(ii)
Use Standards.
(A)
All material stored outdoors cannot be located in a required setback and must be located at least 15 feet from the public right-of-way; and
(B)
All material stored outdoors must be fully screened from view from the public right-of-way and abutting properties using a Type C or D buffer (see POMC § 20.128.060).
(Ord. 011-19 § 4 (Exh. 1); Ord. 008-25 § 8 (Exh. G))
§ 20.39.640 Indoor self storage as accessory use to apartment buildings.
Indoor self storage may be permitted as an accessory use to a site containing one or more apartment buildings as defined in Chapter 20.32 POMC; provided, that the gross floor area of self storage does not exceed 20 percent of the gross floor area of the residential living space located within apartment buildings on the site.
(Ord. 011-19 § 4 (Exh. 1); Ord. 008-25 § 8 (Exh. G))
§ 20.39.645 Vehicle service and repair accessory to residential uses.
§ 20.39.650 Medical marijuana cooperatives.
§ 20.39.660 Residential yard, garage, and estate sales.
Periodic, noncommercial sales of personal and household goods, and professional estate sales, at residential dwellings shall be allowed as an accessory use, provided such sale events conform to the following conditions:
(1)
A maximum of four events per residential address per calendar year.
(2)
A maximum of four consecutive days per event.
(3)
Limited to the hours of 8:00 a.m. to 6:00 p.m.
(4)
Goods shall not be placed in the public right-of-way.
(5)
It shall be the responsibility of the resident and/or operator of the sale to ensure traffic is not obstructed.
(6)
All goods, tables, canopies, tarps, and associated paraphernalia shall be removed from public view between sale events.
(7)
Goods shall be limited to the personal or household property of the estate, the residents of the sale location, and/or the participants in the sale. There shall be no sale of goods or products purchased or produced for resale or otherwise sold by the sale participants in a commercial enterprise.
(Ord. 022-19 § 2; Ord. 008-25 § 8 (Exh. G))
§ 20.39.670 Charitable auctions and rummage and jumble sales in residential zones.
Periodic, noncommercial outdoor sales of donated goods for the benefit of charitable, nonprofit organizations or noncommercial educational institutions shall be allowed as an accessory use according to the following conditions:
(1)
Limited to a maximum of four events per location per year.
(2)
Limited to a maximum of four consecutive days per event.
(3)
Limited to the hours of 8:00 a.m. to 6:00 p.m.
(4)
Goods shall not be placed in the public right-of-way.
(5)
It shall be the responsibility of the operator of the sale to ensure traffic is not obstructed.
(6)
All goods, tables, canopies, and associated paraphernalia shall be removed from public view between sale events.
(7)
Shall be conducted on the premises of charitable, nonprofit organizations or noncommercial educational institutions.
(Ord. 022-19 § 3; Ord. 008-25 § 8 (Exh. G))