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Port Orchard City Zoning Code

Subtitle VI

DEVELOPMENT STANDARDS AND REGULATIONS

§ 20.120.010 Purpose – Applicability.

(1) 
Purpose. The purpose of this chapter is to promote the public health, safety, and welfare through regulations which control the development of land uses within the city, in accordance with the goals and policies of the comprehensive plan.
(2) 
Applicability. This chapter contains regulations and standards governing site development of property city-wide.
(Ord. 019-17 § 18 (Exh. 1))

§ 20.120.020 Conformity required.

No use or structure shall be established, substituted, expanded, constructed, altered, moved, maintained, or otherwise changed except in conformance with this chapter.
(1) 
Creation of or changes to lot lines shall conform with the use provisions, dimensional, and other standards and procedures of this chapter and subdivision regulations under Subtitle V of this title.
(2) 
All land uses and development authorized by this title shall comply with all other regulations and/or requirements of this title and any other local, state or federal agency that has jurisdiction over land uses and development. Where a difference exists between this title and other regulations, the more restrictive requirements shall apply.
(Ord. 019-17 § 18 (Exh. 1))

§ 20.120.030 Minimum requirements.

In interpretation and application, the requirements set forth in this chapter shall be considered the minimum requirements necessary to accomplish the purposes of this chapter.
(Ord. 019-17 § 18 (Exh. 1))

§ 20.120.040 Interpretation, generally.

(1) 
Regulations, conditions, or procedural requirements that are specific to an individual land use shall supersede regulations, conditions or procedural requirements of general application.
(2) 
A land use shall be interpreted as including structures within or on which the use is conducted.
(3) 
Chapter and section headings, captions, illustrations, and references to other sections, chapters, or titles are for reference or explanation only and shall not be deemed to govern, limit, modify, or in any manner affect the scope, meaning, or intent of any section. In case of any ambiguity, difference of meaning, or implication between text and any heading, caption, or illustrations, the text shall control. All applicable requirements shall govern a use whether or not they are cross-referenced in a text section or land use table.
(4) 
The word "shall" is mandatory and the word "may" is discretionary.
(5) 
Unless the context clearly indicates otherwise, words in the present tense shall include past and future tense, and words in the singular shall include the plural or vice versa.
(Ord. 019-17 § 18 (Exh. 1))

§ 20.122.010 Intent.

The following standards are intended to supplement Chapter 20.32 POMC and ensure that certain building elements, when added to a street-facing facade, are of sufficient size to be both usable and functional and be architecturally compatible with the building they are attached to.
(Ord. 011-19 § 5 (Exh. 2); Ord. 008-25 § 14 (Exh. M))

§ 20.122.020 Awning and canopy.

A wall-mounted, cantilevered structure providing shade and cover from the weather for a sidewalk.
20.122.020.tif
(1) 
An awning/canopy must be a minimum of nine feet clear height above the sidewalk and must have a minimum depth of six feet.
(2) 
An awning/canopy may extend into a primary or side street setback.
(3) 
An awning/canopy may encroach up to six feet into the public right-of-way but must be at least two feet inside the curb line or edge of pavement, whichever is greater.
(Ord. 011-19 § 5 (Exh. 2); Ord. 008-25 § 14 (Exh. M))

§ 20.122.030 Balcony.

A platform projecting from the wall of an upper story of a building with a railing along its outer edge, often with access from a door or window.
20.122.030.tif
(1) 
A balcony must be at least four feet deep.
(2) 
A balcony must have a clear height above the sidewalk of at least nine feet.
(3) 
A balcony may be covered and screened but cannot be fully enclosed.
(4) 
A balcony may extend into a primary or side street setback.
(5) 
A balcony may encroach up to six feet into the public right-of-way but must be at least two feet inside the curb line or edge of pavement, whichever is greater.
(Ord. 011-19 § 5 (Exh. 2); Ord. 008-25 § 14 (Exh. M))

§ 20.122.040 Forecourt.

An open area at grade, or within 30 inches of grade, that serves as an open space, plaza or outdoor dining area.
20.122.040.tif
(1) 
A forecourt must be no more than one-half of the width of the street-facing building facade, and in no case more than 45 feet in width.
(2) 
The depth of the forecourt may exceed the general width, but may be no more than 45 feet in depth.
(3) 
A maximum of one forecourt is permitted per building.
(4) 
A forecourt meeting the above requirements is considered part of the building for the purpose of measuring the build-to zone.
(5) 
A forecourt shall be improved to meet the minimum requirements of pedestrian-oriented space as described in POMC § 20.127.350(4).
(Ord. 011-19 § 5 (Exh. 2); Ord. 008-25 § 14 (Exh. M))

§ 20.122.050 Gallery.

A covered passage extending along the outside wall of a building supported by arches or columns that is open on three sides.
20.122.050.tif
(1) 
A gallery must have a clear depth from the support columns to the building's facade of at least eight feet and a clear height above the sidewalk of at least nine feet.
(2) 
A gallery must be contiguous and extend over at least 75 percent of the width of the building facade from which it projects.
(3) 
A gallery may extend into a primary or side street setback.
(4) 
A gallery may encroach up to nine feet into the public right-of-way but must be at least two feet inside the curb line or edge of pavement, whichever is greater.
(Ord. 011-19 § 5 (Exh. 2); Ord. 008-25 § 14 (Exh. M))

§ 20.122.060 Porch.

A raised structure attached to a building, forming a covered entrance to a doorway.
20.122.060_001.tif
(1) 
A porch must be at least six feet deep (not including the steps) when measured from the building facade to end of the porch. A portion of the porch, not to exceed 25 percent of the porch's width, may be less than six feet deep; provided, that the front door is recessed by at least six feet.
(2) 
A porch must be contiguous, with a width not less than 50 percent of the building facade from which it projects. For the purposes of this section, the building facade shall not include that portion of the building containing an attached garage.
(3) 
A porch must be roofed and may be screened, but cannot be fully enclosed.
(4) 
A porch may extend up to nine feet, including the steps, into a required front setback; provided, that such extension is at least three feet from the vertical plane of any lot line.
(5) 
A porch may not encroach into the public right-of-way.
(Ord. 011-19 § 5 (Exh. 2); Ord. 014-20 § 4; Ord. 033-20 § 10; Ord. 059-21 § 11; Ord. 008-25 § 14 (Exh. M))

§ 20.122.070 Stoop.

A small raised platform that serves as an entrance to a building.
20.122.070.tif
(1) 
A stoop must be no more than six feet deep (not including the steps) and six feet wide.
(2) 
A stoop may be covered but cannot be fully enclosed.
(3) 
A stoop may extend up to six feet, including the steps, into a required setback; provided, that such extension is at least two feet from the vertical plane of any lot line.
(4) 
A stoop may not encroach into the public right-of-way.
(Ord. 011-19 § 5 (Exh. 2); Ord. 008-25 § 14 (Exh. M))

§ 20.122.080 Landing.

A hardscape pad beneath an exterior door.
(1) 
A landing must be at least 36 inches in the direction of travel and the width of the doorway.
(2) 
A landing should be 48 inches in the direction of travel.
(3) 
A landing may not be covered.
(4) 
A landing may extend into a required setback; provided, that such extension does not encroach on public right-of-way or another fee simple lot.
(Ord. 008-25 § 14 (Exh. M))

§ 20.124.010 Purpose.

The purpose of this chapter is to:
(1) 
Implement the city's comprehensive plan;
(2) 
Ensure that the city's supply of available parking matches parking demand most of the time;
(3) 
Encourage the continued development of Port Orchard as a walkable community;
(4) 
Support the efficient provision of transit services including buses and passenger ferries;
(5) 
Support transit-oriented development in local centers;
(6) 
Limit the creation of unnecessary new impervious surfaces;
(7) 
Ensure the efficient use of available and existing parking;
(8) 
Provide alternatives to single occupant vehicle trips;
(9) 
Encourage the creation of housing that is affordable to all segments of the population;
(10) 
Provide housing, employment, and commerce opportunities to residents who, by choice or other limitation, do not own a car;
(11) 
Recognize innovations in transportation including car sharing, ride sharing, bike sharing, and other emerging technologies that are likely to change transportation patterns in the future;
(12) 
Recognize that the city's goals related to the development of walkable local centers is hindered by restrictive parking minimums and that expansion of transit service as an alternative to single occupant vehicle ownership is hindered by the lack of development in local centers; and
(13) 
Support the commitment expressed in the city's comprehensive plan to reduce greenhouse gas emissions.
(Ord. 019-17 § 18 (Exh. 1); Ord. 011-19 § 5 (Exh. 2); Ord. 008-25 § 15 (Exh. N))

§ 20.124.020 Authority and application.

(1) 
The city shall not issue any land use approval (including building permits, subdivisions, conditional use permits, binding site plans, short subdivisions, or other similar approvals which have the effect of creating a parking demand) or issue an occupancy permit for any new building or a change in use unless the use complies with the parking requirements found in this chapter.
(2) 
Parking studies prepared by individuals with expertise in traffic and parking analysis may be required at the discretion of the director for unique projects which don't fit squarely in the land use categories contained herein. The director may require that such studies be evaluated and reviewed by outside experts hired by the city at the developer's expense prior to city acceptance.
(3) 
Required parking may be provided off site if contracts and/or deed restrictions are provided to ensure the satisfaction of the minimum parking quantity requirements found in this chapter in perpetuity. Should the parking quantity requirements found in this chapter change, a contract and/or deed restriction may be amended by agreement with the city so long as minimum parking quantity requirements continue to be met under the new standard.
(Ord. 019-17 § 18 (Exh. 1); Ord. 011-19 § 5 (Exh. 2); Ord. 008-25 § 15 (Exh. N))

§ 20.124.030 Off-street parking spaces requirement.

(1) 
Off-street parking areas shall contain at a minimum the number of vehicle and bicycle parking spaces set forth in POMC § 20.124.040 and § 20.124.140. Off-street parking ratios expressed as number of spaces per square feet means the gross square footage of floor area. If the formula for determining the number of off-street parking spaces results in a fraction, the number of off-street parking spaces shall be rounded to the nearest whole number with fractions of 0.50 or greater rounding up and fractions below 0.50 rounding down.
(2) 
An applicant may request a modification of the minimum required number of parking spaces by submitting an application for an administrative variance Type 2 pursuant to POMC § 20.28.150.
(3) 
When the city has received a shell-and-core building permit application, off-street parking requirements shall be based on the possible tenant improvements or uses authorized by the zone designation and compatible with the limitations of the shell-and-core permit. When the range of possible uses result in different parking requirements, the director will establish the amount of required parking based on a likely range of uses.
(Ord. 019-17 § 18 (Exh. 1); Ord. 011-19 § 5 (Exh. 2); Ord. 008-25 § 15 (Exh. N))

§ 20.124.040 Bicycle parking required.

(1) 
Bicycle parking facilities shall be provided for new buildings or facilities, additions to or enlargements of existing buildings, or for changes in the use of buildings or facilities that result in the need for additional auto parking facilities in accordance with the parking requirements in POMC § 20.124.140 and where required in Table 20.124.140. The director is authorized to approve modifications to these standards when the applicant successfully demonstrates that the proposed alternative layout, location, design or type of racking meets the intent of these standards.
(2) 
The number of required bicycle parking spaces shall be calculated as shown in Table 20.124.140.
(3) 
Individual bicycle parking spaces shall be a minimum of 75 inches long by 24 inches wide for each space. Where double-sided multi-racks are utilized resulting in overlapping of bicycle parking spaces, the minimum bicycle parking space for two bicycles shall be 100 inches long by 36 inches wide.
(4) 
Bicycle parking racks shall be located in areas visible from public right-of-way and shall be provided with adequate lighting if intended for use after dark. A minimum of 50 percent of the required number of bicycle parking spaces shall be located within 50 feet of a public entrance to the building requiring bicycle parking spaces.
(5) 
Bicycle parking racks shall support the bikes in a stable, upright position, without damage to wheels, frame or other components.
(6) 
Bicycle parking racks shall support the frame of the bicycle at two points of contact and at least one wheel. Racks shall allow the frame and one wheel to be locked to the rack, regardless of whether the front wheel is removed or not. Racks shall be securely anchored. Racks shall accommodate a wide variety of sizes and types of bicycles, including those with water bottles or without kick stands.
(7) 
Bicycle parking racks shall be permanently mounted/installed within private property on solid surfaces. Racks placed adjacent to sidewalks shall not encroach upon required pedestrian access ways, accessible routes or accessible passing space areas.
(8) 
Access shall be provided to each required bicycle parking space. Aisles shall have a width of at least three feet to the front, rear or side of the bicycle parking spaces.
(9) 
Racks shall be placed a minimum of 24 inches away from walls and other elements that may create an obstacle to accessing the bike parking spaces.
(10) 
Where the required bicycle parking spaces cannot be properly located upon the property generating the need for bicycle parking, the owner or applicant of the property generating the need for bicycle parking may apply for a street use from the city for permission to locate the bicycle parking on city right-of-way.
(Ord. 011-19 § 5 (Exh. 2); Ord. 050-22 § 10; Ord. 008-25 § 15 (Exh. N))

§ 20.124.050 Electric vehicle parking required.

Electric vehicle parking shall be provided in quantities as prescribed by the Washington State Building Code.
(Ord. 011-19 § 5 (Exh. 2); Ord. 008-25 § 15 (Exh. N))

§ 20.124.060 Accessible parking requirements.

Off-street accessible parking shall be provided in accordance with the Americans with Disabilities Act of 1990, or as subsequently amended, and all state and federal standards including but not limited to the minimum number of standard and van accessible spaces based on the total off-street parking facility size.
(Ord. 019-17 § 18 (Exh. 1); Ord. 011-19 § 5 (Exh. 2); Ord. 008-25 § 15 (Exh. N))

§ 20.124.070 Stacking spaces for drive-through facilities.

(1) 
A stacking space shall be an area measuring eight feet by 20 feet with direct forward access to a service window of a drive-through facility. A stacking space shall be located to prevent any vehicle from extending onto the public right-of-way or interfering with any pedestrian circulation, traffic maneuvering, or other parking space areas. Stacking spaces for drive-through or drive-in uses may not be counted as required parking spaces.
(2) 
Uses providing drive-up or drive-through services shall provide vehicle stacking spaces in the following serial or combined sequence per lane of drive-up window; such required spaces shall include the drive-up window space itself:
(a) 
For each service window of a drive-through restaurant, a minimum of five stacking spaces shall be provided.
(b) 
For all other uses, each drive-up window requires a minimum of three stacking spaces.
(c) 
The director may require a vehicle stacking study for proposals if evidence exists to indicate that more than the minimum stacking spaces under subsections (2)(a) and (b) of this section are required to serve a particular use or development.
(3) 
Stacking spaces shall be screened from the right-of-way and adjacent properties using a five-foot type A or B landscape buffer as described in POMC § 20.128.060.
(Ord. 019-17 § 18 (Exh. 1); Ord. 011-19 § 5 (Exh. 2); Ord. 008-25 § 15 (Exh. N))

§ 20.124.080 Transit and rideshare provisions.

To support the use of ridesharing as an alternative mode of transportation that will aid the city in its efforts to reduce air pollution, traffic congestion, and fossil fuel consumption, the following shall apply:
(1) 
All land uses with 25 employees working at any given work site during a single work shift listed under the government/business services and manufacturing tables shall be required to reserve parking spaces for registered rideshare vehicle parking as follows:
(a) 
There shall be a minimum of one open parking space reserved for an employee rideshare vehicle, and all registered rideshare vehicles shall have a reserved parking space.
(b) 
A vehicle parked in a rideshare vehicle only parking space must be registered in Kitsap Transit's countywide public rideshare vehicle registration program, qualify as a rideshare vehicle as defined by Kitsap Transit, and display a valid car/vanpool pass.
(c) 
Each rideshare vehicle parking space shall be clearly labeled with a Kitsap Transit carpool or vanpool parking sign.
(d) 
Except for disabled parking spaces, rideshare vehicle parking spaces shall be located closer to the primary employee entrance than any other employee parking spaces.
(2) 
All uses which are located on an existing transit route and are required under the computation for required off-street parking to provide more than 200 parking spaces may be required to provide transit shelters, bus turnout lanes or other transit improvements as a condition of permit approval.
(Ord. 019-17 § 18 (Exh. 1); Ord. 011-19 § 5 (Exh. 2); Ord. 017-23 § 5 (Exh. A); Ord. 008-25 § 15 (Exh. N))

§ 20.124.090 Vehicle access, carports, garages, and driveways.

(1) 
The standards in this section shall apply to detached houses, and middle housing as defined in Chapters 20.12 and 20.32 POMC, in any zone in which they are built.
(2) 
For lots abutting an improved alley that meets the city's standard for width, vehicular access shall be taken from the alley. Lots without access to an improved alley and taking vehicular access from a street shall meet the other standards of subsections (3) through (6) of this section.
(3) 
Garages, driveways, and off-street parking areas shall not be located between a building and a street, except when any of the following conditions are met:
(a) 
The combined width of all garages, driveways, and off-street parking areas does not exceed a total of 60 percent of the length of the street frontage property line. This standard applies to buildings and not individual units; or
(b) 
The garage, driveway, or off-street parking area is separated from the street property line by a dwelling; or
(c) 
The garage, driveway, or off-street parking is located more than 100 feet from a street.
(4) 
All detached garages and carports shall not protrude beyond the front building facade.
(5) 
The total width of all driveway approaches shall not exceed 32 feet per frontage, as measured at the property line. Individual driveway approaches shall not exceed 20 feet in width.
(6) 
Requirements for driveway separation and access from collector streets and arterial streets shall conform to the standards described in the adopted public works standards and specifications.
20.124.090.tif
(Ord. 019-17 § 18 (Exh. 1); Ord. 011-19 § 5 (Exh. 2); Ord. 008-25 § 15 (Exh. N))

§ 20.124.100 Off-street parking design standards.

(1) 
The most distant parking space shall not be located more than 1,000 feet away from the nearest building entrance it is required to serve. Where the off-street parking areas do not abut the buildings they serve, the required maximum distance shall be measured from the nearest building entrance that the parking area serves:
(a) 
In designated local centers, required parking spaces may be located on consolidated off-site parking lots distributed at accessible locations within the center.
(2) 
Minimum parking space and aisle dimensions shall be determined by the director. Regardless of the parking angle, one-way aisles shall be at least 10 feet wide, and two-way aisles shall be at least 20 feet wide.
(3) 
Any parking spaces abutting a landscaped area on the driver or passenger side of the vehicle shall provide an additional 18 inches above the minimum space width requirement to provide a place to step other than in the landscaped area. The additional width shall be separated from the adjacent parking space by a parking space division stripe. The parking space depth may be reduced when vehicles overhang a walkway under the following conditions:
(a) 
Wheelstops or curbs are installed; and
(b) 
The remaining walkway provides a minimum of 60 inches of unimpeded passageway for pedestrians.
(4) 
The amount of parking stall depth reduction is limited to a maximum of 18 inches.
(5) 
Lighting of off-street parking areas shall be provided for safety of traffic and pedestrian circulation on the site, as specified in the International Building Code. Lighting shall be designed to minimize direct illumination of abutting properties and adjacent streets. The director shall have the authority to determine lighting requirements including requiring the preparation of lighting plans to determine the adequacy of on-site lighting as well as the off-site lighting impacts.
(6) 
Tandem or end-to-end parking is allowed in single-family detached residential developments. Driveways crossing required setback areas may be used for parking when serving single-family detached dwellings. Attached single-family and multifamily developments may have tandem parking areas for each dwelling unit but shall not combine parking for separate dwelling units in tandem parking areas.
(7) 
All vehicle parking and maneuvering areas serving a development activity shall be an asphalt or concrete surface, except in industrial zones where only required vehicle parking and related maneuvering areas must be paved.
(8) 
Low impact development (LID) best management practices (BMPs) shall be used for all parking lot design and construction, unless site and soil conditions make LID infeasible as determined by the city. LID BMPs for parking lot design and construction include, but are not limited to:
(a) 
Pervious surfacing;
(b) 
Integrating stormwater management facilities, such as bioretention swales, with required parking lot landscaping; and
(c) 
Using native species in the landscape design.
LID BMPs shall be designed and constructed in accordance with the LID Technical Guidance Manual for Puget Sound (current edition).
(Ord. 010-18 § 20; Ord. 011-19 § 5 (Exh. 2); Ord. 008-25 § 15 (Exh. N))

§ 20.124.110 Compact car allowance requirements.

Subject to director review and approval, up to 40 percent of the total number of spaces to be provided in any development may be sized to accommodate compact cars. Aisle widths shall conform to the standards set for standard size cars.
(Formerly 20.124.120; Ord. 019-17 § 18 (Exh. 1); Ord. 011-19 § 5 (Exh. 2); Ord. 008-25 § 15 (Exh. N))

§ 20.124.120 Internal circulation road standards.

Internal access roads to off-street parking areas shall conform with or exceed the surfacing and design requirements of the most recent adopted edition of the Port Orchard public works engineering standards and specifications.
(Formerly 20.124.130; Ord. 019-17 § 18 (Exh. 1); Ord. 011-19 § 5 (Exh. 2); Ord. 059-21 § 12; Ord. 008-25 § 15 (Exh. N))

§ 20.124.130 Downtown mixed use parking standards.

Except as otherwise provided in this section, development within the downtown mixed use zone (DMU) shall provide parking in accordance with the off-street parking requirements set forth in this chapter.
(1) 
Parking shall not be required for ground floor uses in the DMU zone in the downtown subarea (see City of Port Orchard Comprehensive Plan Appendix D).
(2) 
Residential uses in the DMU zone shall meet the parking requirements of POMC § 20.124.040.
(3) 
No new street level parking lot or parking garage that fronts directly on Bay Street shall be allowed between Port Street and Seattle Avenue.
(4) 
Exemptions. The following uses and buildings within the DMU zone shall be exempt from the parking standards set forth in this chapter:
(a) 
Existing buildings and uses along both sides of Bay Street from Orchard Avenue to Seattle Avenue shall be exempt from the parking requirements set forth in this chapter.
(Ord. 011-19 § 5 (Exh. 2); Ord. 030-21 § 11; Ord. 008-25 § 15 (Exh. N))

§ 20.124.140 Parking quantities.

(1) 
Vehicle parking minimum quantities shall be provided in accordance with Table 20.124.140. Nothing in Table 20.124.140 precludes development from providing more off-street parking than the minimum required.
(2) 
With the exception of accessible parking spaces as required by the Americans with Disabilities Act, minimum parking requirements are not required for the following activities:
(a) 
A building undergoing a change of use from a nonresidential to a residential use or a change of use for a commercial use;
(b) 
Residential dwelling units with a GFA equal to or less than 1,200 square feet;
(c) 
Commercial spaces with a GFA less than 3,000 square feet;
(d) 
Affordable housing;
(e) 
Senior housing;
(f) 
Facilities which serve alcohol;
(g) 
Child care centers as defined in RCW 43.216.010 that are licensed or certified by the Department of Children, Youth, and Families;
(h) 
Ground level nonresidential spaces in mixed use buildings;
(3) 
Bicycle parking minimum quantities shall be provided in accordance with Table 20.124.140. In no case is a single use required to provide more than 24 bicycle parking spaces.
Table 20.124.140
Land Use
Minimum Parking Requirement
Minimum Bicycle Parking Requirement
Residential Uses
Single-family residential dwellings (equal to or greater than 1,200 sq. ft. GFA)
0.5 stall per dwelling unit
None required
Multifamily residential dwellings (equal to or greater than 1,200 sq. ft. GFA)
0.5 stall per dwelling unit
0.25 per dwelling unit
Multifamily residential dwellings (less than 1,200 sq. ft. GFA)
0 stall per dwelling unit
0.25 per dwelling unit
Public Uses
All civic uses, except as listed below:
1 stall per 300 square feet office
5% of provided vehicle parking with a minimum of 3 spaces
Community college, high school, university, trade or technical school
1 stall per classroom and 1 stall per 5 students
5% of provided vehicle parking with a minimum of 10 spaces
Elementary, middle, or junior high school
1 stall per classroom and 1 stall per 50 students
5% of provided vehicle parking with a minimum of 10 spaces
Club or lodge
1 stall per 3 fixed seats
5% of provided vehicle parking with a minimum of 3 spaces
Place of worship
1 stall per 3 fixed seats
5% of provided vehicle parking with a minimum of 3 spaces
All open space and park uses, except as listed below:
5% of provided vehicle parking with a minimum of 10 spaces
Golf course
1 stall per hole
None required
All utilities
No min.
None required
Commercial Uses
All day care
0 stalls
None required
Commercial spaces (equal to or greater than 5,000 sq. ft. GFA)
1 stall per 1,000 sq. ft. of GFA
5% of total minimum off-street parking requirement (minimum 3)
Industrial Uses
All light manufacturing
1 stall per 1,000 square feet
5% of total minimum off-street parking requirement (minimum 3)
All research and development
1 stall per 1,000 square feet
5% of total minimum off-street parking requirement (minimum 3)
All warehouse, storage and distribution
1 stall per 1,000 square feet
5% of total minimum off-street parking requirement (minimum 3)
(Formerly 20.124.250; Ord. 019-17 § 18 (Exh. 1); Ord. 011-19 § 5 (Exh. 2); Ord. 008-25 § 15 (Exh. N))

§ 20.124.150 Minimum parking stall dimensions.

Table 20.124.150
Minimum Parking Stall Dimensions
Minimum Parking Stall Dimensions
Stall Width
Stall Depth
Compact stall
8.0 feet
16.0 feet
Standard stall (required for single-family and duplex parking)
9.0 feet
20.0 feet
Minimum Loading Requirements
Unit of Measurement
Minimum Loading Spaces
Nonresidential Buildings with Retail, Wholesale, Manufacturing, Storage Uses (1)
10,000 – 16,000
square feet
1.0
16,001 – 40,000
square feet
2.0
40,001 – 64,000
square feet
3.0
64,001 – 96,000
square feet
4.0
96,001 – 128,000
square feet
5.0
128,001 – 160,000
square feet
6.0
160,001 – 196,000
square feet
7.0
Each additional 36,000
square feet
2.0
Retail, Hotel, Office, Restaurant, Hospital, Auditorium, Convention Hall, Exhibition Hall, Sports Arena/Stadium or Similar
40,000 – 60,000
square feet
1.0
60,001 – 160,000
square feet
2.0
160,001 – 264,000
square feet
3.0
264,001 – 388,000
square feet
4.0
388,001 – 520,000
square feet
5.0
520,001 – 652,000
square feet
6.0
652,001 – 784,000
square feet
7.0
784,001 – 920,000
square feet
8.0
Each additional 140,000
square feet
1.0
Notes:
(1) Excluding self-service storage facilities.
(Formerly 20.124.260; Ord. 019-17 § 18 (Exh. 1); Ord. 011-19 § 5 (Exh. 2); Ord. 008-25 § HistoryNote15 (Exh. N))

§ 20.128.010 Purpose.

It is the purpose of this chapter to:
(1) 
Promote well-planned and attractive landscaping that enhances the visual and aesthetic appearance of the city.
(2) 
Provide space definition and landscape continuity between the built environment and the natural environment.
(3) 
Provide appropriate barriers and relief from traffic, noise, heat, glare, and the spread of dust and debris.
(4) 
Reduce potential negative impacts between adjacent and neighboring uses.
(5) 
Reduce flooding and reduce the impact of development on the city's storm drainage system.
(6) 
Promote tree retention and the protection of existing native vegetation.
(7) 
Provide for the long-term establishment and health of new landscape plantings.
(8) 
Aid in the conservation of energy and replenish the atmosphere with oxygen.
(9) 
Provide for a more pleasant and relaxing urban environment.
(10) 
Ensure the long term maintenance and attractiveness of landscape plantings.
(11) 
Maintain and enhance property values.
(Ord. 011-19 § 5 (Exh. 2))

§ 20.128.020 Applicability and compliance.

(1) 
Applicability. The provisions of this chapter shall apply to all new nonresidential, single-family attached (three or more units), and multifamily (three or more units) development within the city. Also:
(a) 
The provisions of this chapter shall apply to building additions, remodels and site improvements per the Level I – III improvement thresholds set forth in POMC § 20.127.020(3)(a) through (c).
(b) 
The maintenance provisions of this chapter apply to existing and previously approved landscape plans and required landscape areas.
(c) 
Temporary Deferral. A certificate of occupancy shall be contingent upon the screening and landscaping requirements of this chapter being met. This provision may be temporarily deferred by the director in cases where it is not reasonable for the developer to install certain species of plant material prior to occupancy due to the recommended planting season not occurring at an appropriate phase in construction. In such case, the time deadline for planting such materials shall be extended only to the nearest seasonal period suitable for planting such materials. Additionally, the director shall require that the applicant obtain a temporary deferral when water restrictions are in place preventing regular irrigation or watering of plant material. The director may authorize a temporary deferral through the issuance of a temporary certificate of occupancy or through the approval of a performance bond in accordance with this title.
(d) 
Review in Conjunction with Other Permits. Landscape plan review shall be performed in conjunction with other permit applications (i.e., land disturbing activity, stormwater drainage, building permit, etc.). Appeals of decisions related to the application of this chapter shall be connected to the underlying permit application to which the landscape code has been applied.
(e) 
The provisions of this chapter may also apply to subdivisions and short plats as specified in Chapter 20.100 POMC, but shall not apply to the construction of an individual detached house, duplex, or backyard cottage.
(2) 
Exceptions. The director may waive the provisions of this chapter for light industrial (LI) zoned properties which do not front Old Clifton Road or SR-160 depending on the type of use, number of anticipated employees and customers, and the site's physical relationship and anticipated impacts to adjacent and neighboring zones, uses and development.
(Ord. 011-19 § 5 (Exh. 2))

§ 20.128.030 Landscape plans.

(1) 
In order to implement the requirements of this section, landscape plans for the entire site are required as part of the following permit application submittals:
(a) 
Building permit applications.
(b) 
Preliminary plat applications.
(c) 
Short plat applications.
(d) 
Binding site plan applications.
(e) 
Conditional use permit applications (where new construction, or expansion of a building is proposed, or where landscaping is required to meet conditions for granting approval).
(f) 
Stormwater drainage permit applications.
(g) 
Land disturbing activity permit applications.
(2) 
In order to implement the requirements of this section, landscape plans for the entire site shall be required as part of a land disturbing activity permit application submittal if the scope of the permit application does not include restoration to predisturbance conditions or if the landscape plan approval is not issued under another permit approval as listed in subsection (1) of this section.
(3) 
Plans shall be developed by a Washington state licensed landscape architect, a Washington-certified professional horticulturalist (CPH), or a Washington certified professional landscape designer (APLD-WA).
(4) 
Landscape plans shall include:
(a) 
Boundaries and dimensions of the site.
(b) 
Location of existing and proposed easements, streets, curbs, utilities, sidewalks and any other hard surfaces.
(c) 
Location of buildings and structures, parking lots, driveways, loading areas, outdoor mechanical equipment, signs, refuse enclosures, overhead utilities, water meter location, swales, parking lot lighting, and any existing vegetation that is to remain on the site.
(d) 
The location and design of landscape areas to be preserved and planted, and plant list to include the location, number, height at maturity, and type of plant material by botanical and common name.
(e) 
Proposed irrigation system if a permanent or temporary system is proposed. All landscaped areas including adjacent right-of-way must be provided with an underground irrigation system.
(f) 
Specifications for soil amendments to provide suitable long term growing conditions.
(g) 
North arrow and scale.
(h) 
Planting detail section drawings.
(i) 
Name, address, and phone number of the person preparing the plan.
(j) 
Calculations demonstrating compliance with this chapter.
(k) 
Landscape planting, hardscape, and material precedents (imagery) depicting (approximately) the landscape plantings, hardscape, and materials to be used in the project.
(5) 
Applicants shall familiarize themselves with existing site conditions, and are encouraged to meet with staff to discuss appropriate design options and alternatives for accomplishing the screening and landscaping objectives of this chapter prior to preparing and submitting a landscape plan.
(6) 
Applicants are encouraged to integrate landscape plans and stormwater system designs consistent with the city's adopted stormwater management manual.
(Ord. 011-19 § 5 (Exh. 2); Ord. 056-19 § 25)

§ 20.128.040 Integration with LID stormwater management facilities.

The required landscape design requirements in this chapter may be integrated with low impact development (LID) stormwater management facilities and best management practices (BMPs) unless site and soil conditions make LID infeasible, subject to the approval of the director and public works department. LID facilities shall not compromise the purpose or intent of required landscaping and landscaping shall not result in the disruption of the LID facilities' functions. LID facilities shall be designed and constructed in accordance and the LID Technical Guidance Manual for Puget Sound (current edition).
(Ord. 011-19 § 5 (Exh. 2))

§ 20.128.050 Plant material and installation standards.

(1) 
Native Plant Species. New landscaping materials shall include species native to the region or hardy, waterwise, and noninvasive species appropriate in the climatic conditions of the region (decorative annuals are an exception). Generally acceptable plant materials must be those identified as hardy in Zone 8b as described in United States Department of Agriculture's Plant Hardiness Zone Map. The selection of plant species should include consideration of soil type and depth, the amount of maintenance required, spacing, exposure to sun and wind, the slope and contours of the site, compatibility with existing native vegetation preserved on the site, water conservation where needed, and the impact of landscaping on visibility of the site for purposes of public safety and surveillance.
(2) 
Tree Standards and Guidelines.
(a) 
Tree heights may be called for within this chapter or elsewhere within this title:
(i) 
Large Tree. Capable of growing 35 feet high or greater under normal growing conditions.
(ii) 
Medium Tree. Capable of growing over 15 feet high and less than 35 feet high under normal growing conditions.
(iii) 
Small Tree. Capable of growing up to 15 feet high under normal growing conditions.
(b) 
Unless otherwise noted herein, required trees shall meet the following standards at the time of planting:
(i) 
Required deciduous trees shall be fully branched, have a dominant leader branch, have a minimum caliper of one and one-half inches (as measured six inches above the root ball), and a minimum height of six feet at the time of planting as measured from the top of the leader branch to the top of the root ball.
(ii) 
Required evergreen trees shall be fully branched and a minimum of six feet in height, measured from the treetop to the ground, at the time of planting.
(iii) 
Required trees of any species within parking areas shall be a minimum caliper of one-and-one-half inches (as measured 24 inches above the root ball) and a minimum height of 10 feet at the time of planting.
(3) 
Shrub Standard. Shrubs, except for ornamental grasses, shall be a minimum of one-gallon size at the time of planting.
(4) 
Ground Cover Standards and Guidelines.
(a) 
Ground covers shall be planted and spaced to result in total coverage of the required landscape area within three years as follows, or as per recommendations by Washington State licensed landscape architect, Washington-certified professional horticulturalist (CPH), or other qualified individual. Ground cover plants other than turf forming grasses must be planted in triangular spacing at the following rates:
(i) 
Four-inch pots at 18 inches on center.
(ii) 
One gallon or greater sized containers at 24 inches on center.
(iii) 
Alternative plant spacing may be appropriate depending on the specific plants. When applicable, plant spacing information must be included with permit application submittals from published sources, such as the Sunset Western Garden Book, from Internet sources, or from cut sheets provided by a nursery. Such sources must be identified for verification purposes.
(b) 
Grass is acceptable as ground cover in landscaped areas, but generally not preferred for water conservation and maintenance purposes (lawn areas designed as play areas are an exception).
(c) 
Ground cover areas shall contain at least two inches of composted organic material at finished grade.
(5) 
Tree and Plant Diversity.
(a) 
If there are more than eight required trees, no more than 40 percent of them may be of one species.
(b) 
If there are more than 24 required trees, no more than 20 percent of them may be of one species.
(c) 
If there are more than 24 required shrubs, no more than 75 percent of them may be of one species.
(6) 
Soil Augmentation and Mulching.
(a) 
Existing soils shall be augmented with a two-inch layer of fully composted organic material tilled a minimum of six inches deep prior to initial planting.
(b) 
Landscape areas shall be covered with at least two inches of mulch to minimize evaporation. Mulch shall consist of organic materials such as bark chips and wood grindings or yard waste, sawdust, and/or manure that is fully composted. Washed rock may also be used as a mulch.
(7) 
Landscape Installation Standards.
(a) 
All required landscaping shall be in-ground, except when in raised planters. Plant materials shall be installed to current nursery industry standards.
(b) 
Plant materials shall be properly supported to ensure survival. Support devices such as guy wires or stakes shall not interfere with vehicular or pedestrian movement. Where support is necessary, stakes, guy wires or other measures shall be removed as soon as the plant can support itself.
(c) 
Existing trees and plant materials to be retained shall be protected during construction. Protection measures may include silt fencing, chain link fencing, or other sturdy fencing placed at the dripline of trees to be retained. Grading, topsoil storage, construction material storage, vehicles, and equipment shall not be allowed within the dripline of trees to be retained.
(d) 
Installation of landscaping materials must take into consideration access to utility vaults, pedestals, and other public and private utility facilities.
(e) 
Trees and major shrubs at mature size should avoid interference with windows, decks, pedestrian walkways or other travelled ways, or lighting.
(Ord. 011-19 § 5 (Exh. 2); Ord. 059-21 § 13)

§ 20.128.060 Landscaping types.

(1) 
Type A Landscaping.
(a) 
Type A landscaping shall function as a full screen and visual barrier. This landscaping is typically found between residential and nonresidential areas and used to screen unwanted views.
(b) 
Type A landscaping shall minimally consist of:
(i) 
Trees. Predominately evergreen (more than 50 percent) at the following rates on landscape strips:
(A) 
One large tree per 300 square feet or 30 linear feet.
(B) 
One medium tree per 220 square feet or 22 linear feet.
(C) 
One small tree per 150 square feet or 15 linear feet.
At least 70 percent of the trees shall be large.
(ii) 
Shrubs. Predominately evergreen provided at a rate of one shrub per four linear feet of landscaped strip and spaced no more than eight feet on center.
(iii) 
Plant Diversity. Trees and shrubs must comply with POMC § 20.128.050(5).
(iv) 
Ground Cover. Planted at a density to cover the landscape buffer per POMC § 20.128.070 within three years.
(v) 
The selected plant materials and configuration will be able to screen 70 percent of the unwanted views within five years of planting and fully screen the unwanted view within six years. This requirement will account for the size of materials planted and their typical growth rate.
Figure 20.128.060(1)
Type A Landscaping Standards
20.128.060_1.tif
(2) 
Type B Landscaping.
(a) 
Type B landscaping is a "filtered screen" that functions as a visual separator. This landscaping is typically found between differing types of residential development and used to screen unwanted views from the pedestrian environment.
(b) 
Type B landscaping shall minimally consist of:
(i) 
Trees. At least 50 percent deciduous trees and at least 30 percent evergreen trees at the following rates on landscape strips:
(A) 
One large tree per 300 square feet or 30 linear feet.
(B) 
One medium tree per 220 square feet or 22 linear feet.
(C) 
One small tree per 150 square feet or 15 linear feet.
At least 70 percent of the trees shall be large.
(ii) 
Shrubs. Provided at the rate of one shrub per four linear feet of landscaped strip and spaced no more than eight feet on center.
(iii) 
Plant Diversity. Trees and shrubs must comply with POMC § 20.128.050(5).
(iv) 
Ground Cover. Planted at a density to cover the landscape buffer per POMC § 20.128.070 within three years.
(v) 
The selected plant materials and configuration will meet the purpose of the standards within five years of planting. This requirement will account for the size of materials and the growth rate.
Figure 20.128.060(2)
Type B Landscaping Standards
20.128.060_2.tif
(3) 
Type C Landscaping.
(a) 
Type C landscaping is a "see-through screen" that functions as a partial visual separator to soften the appearance of parking areas and building elevations. This landscaping is typically found along street frontages or between multifamily developments.
(b) 
Type C landscaping shall minimally consist of:
(i) 
Trees. At least 70 percent deciduous trees at the following rates on landscape strips:
(A) 
One large tree per 300 square feet or 30 linear feet.
(B) 
One medium tree per 220 square feet or 22 linear feet.
(C) 
One small tree per 150 square feet or 15 linear feet.
At least 70 percent of the trees shall be large.
(ii) 
Shrubs. Provided at the rate of one shrub per four linear feet of landscaped strip and spaced no more than eight feet on center.
(iii) 
Ground Cover. Planted at a density to cover the landscape buffer per POMC § 20.128.070 within three years.
(iv) 
Plant Diversity. Trees and shrubs must comply with POMC § 20.128.050(5).
(v) 
Tree and shrub placement shall be designed to maximize pedestrian visibility (generally between three and eight feet above grade once trees have matured).
(vi) 
The selected plant materials and configuration will meet the purpose of the standards within five years of planting. This requirement will account for the size of materials and the growth rate.
(c) 
Where Type C landscaping is designed to also function as a rain garden, adjustments in the spacing of trees, shrubs, and ground cover will be allowed provided the rain garden meets the function requirements of subsection (6) of this section and the intended function of Type C landscaping as defined in subsection (3)(a) of this section.
Figure 20.128.060(3)
Type C Landscaping Standards
20.128.060_3.tif
(4) 
Type D Landscaping.
(a) 
Type D landscaping refers to all other landscaped areas that do not qualify as Type A – C landscaping. While native and low maintenance trees and shrubs are encouraged in these areas, lawn areas may be used for recreational or design purposes. These areas may also include flower beds and perennial beds.
(b) 
Type D landscaping may include any combination of plant materials provided they comply with POMC § 20.128.050.
(5) 
Low Hedge. A low hedge is intended to function as an attractive visual divider of space rather than a visual buffer between uses and properties. To qualify as a hedge landscaping type, the planting must be at least 30 inches wide and 30 inches tall. The hedge include plant materials that typically grow no taller than five feet at maturity or are maintained between 30 inches and 48 inches tall. Additional limits on hedges may be imposed by the public works director within required sight triangles at intersections. Shrubs or other hedge plant materials must be placed at a rate of one per four linear feet of landscaped strip or otherwise recommended for shrub species. Plant spacing information must be included with permit application submittals from published sources, such as the Sunset Western Garden Book, from Internet sources, or from cut sheets provided by the nursery.
Figure 20.128.060(5)
Low Hedge Examples
20.128.060_5.tif
(6) 
Rain Garden. A rain garden is a landscaped depression that collects, absorbs, and filters stormwater runoff from rooftops, driveways, patios, and other hard surfaces. They can also function as an attractive visual divider of space. To qualify as a rain garden, the following elements must be included:
(a) 
Garden located and designed to capture impervious area runoff.
(b) 
Six to 12 inches ponding depth.
(c) 
Twelve to 24 inches rain garden soil depth with two to three inches surface mulch layer.
(d) 
Gradual side slopes (maximum 2:1).
(e) 
Overflow design elements with measures to protect erosion.
(f) 
Generous plantings (capable of reaching 100 percent ground cover) of a variety of small trees, shrubs, ground covers, and grasses. Select plants suitable for the three planting zones within the garden and around the perimeter.
Figure 20.128.060(6)
Rain Garden Examples
20.128.060_6a.tif
20.128.060_6b.tif
(Ord. 011-19 § 5 (Exh. 2))

§ 20.128.070 Landscape site design standards.

(1) 
Required Landscape Buffer Standards. Screening between certain uses may be called for in Table 20.128.070 below or elsewhere in this chapter:
(a) 
The provisions of this section do not apply to, and landscape buffers are not required for, development with a designated storefront block frontage (POMC § 20.127.100 through § 20.127.260) unless required as a condition of a permit (such as a conditional use permit or subdivision) or SEPA.
(b) 
Where mature trees and vegetation exist within the required buffer areas, the preservation of said mature trees and vegetation may be preferable to new plant materials. The director may require up to 50 percent additional buffer width and/or specific planting conditions to better ensure the survival of existing mature trees and/or augment existing plantings to meet the intent of the standards.
(c) 
The letters A, B, and C refer to the required landscape buffer type(s) (described in POMC § 20.128.060). Where more than one buffer type is referenced at the intersection of the column and the row, only one of the listed buffer types is required.
(d) 
Where the cells at the intersection of the column and the row are empty, there are no landscaping buffer requirements for the particular situation.
(e) 
If a * appears after a use or term within the table, then the use or term is defined in Chapter 20.12 or 20.39 POMC.
(f) 
Where superscript numbers are included in a cell, see the corresponding note matching the number below the table.
(g) 
For the application of building additions, remodels and site improvements, the provisions of POMC § 20.127.020(3) shall apply.
(h) 
Departures. Alternative buffer treatments may be approved per POMC § 20.127.060 for any of the buffer types required below, provided they meet the purpose of this chapter.
Table 20.128.070
Required Buffer Types for Developing Uses
Developing use
Existing abutting uses and zones
Street, park or trail
R1, R2, R6, GB zones
R3, R4, R5 zones
RMU, NMU, GMU, DMU, CMU, BPMU zones
CC, CH zones
IF zone
IL zone
IH zone
CI, PF zones
Single-family attached* (3 or more units) or multifamily* (3 or more units)
See subsection (2) below.
Fence plus BC-5'
Fence plus BC-5'
Fence and BC-5' and path
Fence and BC-5' and path
Fence plus AB-10'
Fence plus AB-10'
Fence plus AB-10'
Fence plus BC-5'
Low intensity nonresidential use*
Fence plus ABC-5'
Fence plus ABC-5'
Fence or BC-5' or path
Fence or BC-5' or path
Fence plus ABC-10'
Fence plus ABC-10'
Fence plus ABC-10'
Fence plus ABC-10'
Moderate intensity nonresidential use*
Fence plus ABC-10'
Fence plus ABC-10'
Fence or BC-5' or path
Fence or BC-5' or path
Fence plus ABC-10'
Fence plus ABC-10'
Fence plus ABC-10'
Fence plus ABC-10'
High intensity nonresidential use*
Fence plus ABC-15'
Fence plus ABC-15'
Fence or BC-5' or path
Fence or BC-5' or path
Fence plus ABC-10'
Fence plus ABC-10'
Fence plus ABC-10'
Fence plus ABC-15'
Use featuring an open storage yard*
Fence plus ABC-10'
Fence plus ABC-10'
Fence plus ABC-5' or A-10'
Fence plus ABC-5' or A-10'
Fence or A-5' or B-10'
Fence or A-5' or B-10'
Fence or A-5' or B-10'
Fence plus ABC-10'
Heavy industry*
Fence plus ABC-20'
Fence plus ABC-20'
Fence plus ABC-5' or A-10'
Fence plus ABC-5' or A-10'
Fence plus ABC-5' or A-10'
Fence plus ABC-5' or A-10'
Fence plus ABC-5' or A-10'
Fence plus ABC-20'
(2) 
Street, Park, or Trail Buffers.
(a) 
For landscaping between uses or structures and streets, also see the applicable block frontage standards in POMC § 20.127.100 through § 20.127.260. Plant materials, installation, and maintenance are subject to the standards of this chapter.
(b) 
For nonresidential, single-family attached (three units or more), and multifamily development (three units or more), see POMC § 20.127.220 for trail/park block frontage standards. Alternative designs will be considered based on the unique context of the site, the development, and the park/trail provided the designs promote safety for park/trail users, and mitigate any potential negative impacts of the proposed use on the park/trail.
(c) 
For storage yards, a minimum 10-foot wide planting strip with Type A landscaping is required between any street and such storage yard.
(3) 
Surface Parking Lot Landscaping.
(a) 
Parking Lot Perimeters.
(i) 
For parking lots abutting public right-of-way, use Type C landscaping at a width equal to or greater than the minimum building setback specified for the applicable block frontage type specified in POMC § 20.127.100 through § 20.127.260. For parking lots on sites without an applicable block frontage type, the parking lot landscape buffer shall be at least 10 feet deep.
(ii) 
For parking lots along internal private roadways in commercial areas, provide a planting strip at least six feet wide with Type C landscaping.
(iii) 
For parking lots along internal lot lines, use Type A or B landscaping at least 10 feet deep, except where a greater buffer width is required per the standards in Table 20.128.070.
Departures will be considered provided they meet the purpose of this chapter. Examples of acceptable departures may include decorative low walls with landscaping, decorative elevated planters, or landscaping with a trellis. In no case may landscaping buffers be less than five feet wide. The minimum height of planters or walls, where used, is three feet. The maximum height of walls where used shall be five feet.
Figure 20.128.070(3)(a)
Parking Lot Perimeter Landscaping Departure Examples
20.128.070_3a.tif
20.128.070_3a_2.tif
Above are two possible departure parking lot landscaping buffer designs that may be acceptable in more urbanized areas, such as downtown.
(b) 
Internal Parking Lot Landscaping.
(i) 
Trees and Shrubs Required.
(A) 
For every 1,000 square feet of vehicular use area, at least one deciduous tree must be planted.
(B) 
Trees and shrubs must be planted within 15 feet of the parking lot to count as parking lot landscaping.
(C) 
When a development contains 20 or more parking spaces, 50 percent of the trees and shrubs must be planted in islands or medians located within the parking lot.
(ii) 
Landscaping Type.
(A) 
Type C landscaping shall be utilized for landscaping islands internal to parking lots.
(B) 
At least 75 percent of the required deciduous trees must be large trees. Medium and small trees are acceptable where overhead electric lines would interfere with normal growth.
(C) 
Rain gardens and swales may be integrated into required planting areas.
(iii) 
Landscaped Island Sizes. At a minimum, tree islands shall be a minimum of 256 square feet. Planting islands must be at least six feet deep and wide.
(iv) 
Landscaped Island Spacing. Parking bays shall be broken up with landscaped islands or medians to avoid long monotonous rows of parking. Tree islands shall be evenly distributed throughout the parking lot in order to provide an even tree canopy throughout the lot.
(v) 
Each parking space must be located within 75 feet of a tree measured from the closest point of the parking space to the tree trunk.
Departures will be considered provided they meet the purpose of this chapter.
(4) 
Foundation Planting. All street-facing elevations must have landscaping along any exposed foundation. The landscaped area may be along the outer edge of a porch instead of the foundation. This landscaping requirement does not apply to portions of the building facade that provide access for pedestrians or vehicles to the building. The foundation landscaping must meet the following standards:
(a) 
The landscaped area must be at least three feet wide.
(b) 
There must be at least one three-gallon shrub for every three lineal feet of foundation.
(c) 
Ground cover plants must fully cover the remainder of the landscaped area.
Figure 20.128.070(4)
Foundation Planting
20.128.070_4.tif
Foundation plantings would be required along this exposed concrete foundation.
(5) 
Existing Vegetation.
(a) 
Existing healthy, native, and noninvasive vegetation may be used to fulfill the requirements of this chapter.
(b) 
When existing vegetation is proposed to be used to fulfill the requirements of this chapter, that vegetation shall be shown on required landscape plans as "existing vegetation to be retained" and prior to land disturbing activities, these areas shall be flagged in the field and be protected by construction fencing. In the event that existing vegetation proposed to be used to fulfill the requirements of this chapter is altered, damaged, or removed during development or construction activity, this area shall be restored to its original state after the development or construction activity is complete, or, shall be replanted in accordance with a new revised landscaping plan developed and approved in accordance with this chapter.
(6) 
Stormwater Facilities.
(a) 
Plant-based stormwater treatment facilities such as rain gardens (see POMC § 20.128.060(6)) and swales may be used to meet the requirements of this section as provided elsewhere in this chapter.
(b) 
Stormwater detention facilities such as ponds and collection basins may not be used to meet the requirements of this section unless designed per subsection (6)(a) of this section.
(Ord. 011-19 § 5 (Exh. 2))

§ 20.128.080 Development within required buffers.

This section applies to buffers that are required per Table 20.128.070.
(1) 
Pedestrian walkways are allowed within buffers, subject to the following standards:
(a) 
Walkways shall not exceed five feet in width.
(b) 
Walkways shall cross buffers at an angle between 60 and 90 degrees.
(c) 
Walkways may only run along the length of a buffer if the buffer is at least 40 feet in width, and the walkway is located within the inner 25 percent of the buffer.
(2) 
Utilities are not permitted in buffers within a residential subdivision, unless no reasonable alternative exists. However, utilities may be installed in an easement that is located along street frontage and parallel to the street. If utilities are placed in a buffer, they shall be located and installed in a way that minimizes disturbance of the buffer area: not parallel, but crossing at an angle between 60 and 90 degrees. If stormwater drainage channels are placed in a buffer at an angle less than 60 degrees, the buffer width shall be increased by the width of the utility easement or disturbance, or at least 10 feet, whichever is greater.
(Ord. 011-19 § 5 (Exh. 2))

§ 20.128.090 Irrigation standards.

The purpose of this standard is to ensure that plants will survive the critical establishment period when they are most vulnerable.
All required landscaped areas in the city must comply with at least one of the following:
(1) 
A permanent built-in irrigation system with an automatic controller will serve the proposed landscape area, and the system will be installed and operational before the city grants an occupancy permit or final inspection for the development.
(2) 
A temporary irrigation system will serve the proposed landscape area, provided the applicant can successfully demonstrate that the proposed temporary irrigation system will provide sufficient water to ensure that the plant materials to be planted will survive installation and, once established, will survive without watering other than natural rainfall.
(3) 
A permanent or temporary irrigation system will not serve the proposed landscape area, provided:
(a) 
The director finds the landscape area otherwise fulfills the requirements of this section; and
(b) 
The applicant submits all of the following with the site plan application:
(i) 
A statement from a Washington State licensed landscape architect, Washington-certified professional horticulturalist (CPH), or other qualified individual certifying that the materials to be planted will survive without watering other than natural rainfall.
(ii) 
A plan for monitoring the survival of required vegetation on the approved site plan for at least one year and for detection and replacement of required vegetation that does not survive with like-kind material or other material approved by the director.
(iii) 
A statement from the applicant agreeing to install an irrigation system if the director finds one is needed to ensure survival of required vegetation, based on the results of the monitoring plan.
(Ord. 011-19 § 5 (Exh. 2))

§ 20.128.100 Maintenance of required buffers and landscaped areas.

(1) 
Maintenance Responsibility. The owners of the property and their agents, heirs, or assigns shall be responsible for the installation, preservation, and maintenance of all planting and physical features (installed or vegetated natural areas) required under this chapter. Damage to these areas shall result in the revegetation requirements or fines per Chapters 2.64 and 20.02 POMC.
(2) 
Inspections after Second and Fifth Year. The director shall inspect the site two and five years after the issuance of a permanent certificate of occupancy in order to ensure compliance with the approved landscape plan and to ensure that the landscaping is properly maintained. Failure to maintain required landscape areas on a permanent basis may result in fines according to Chapters 2.64 and 20.02 POMC.
(3) 
Maintenance Responsibility, Replacement of Damaged Vegetation, and Associated Fines.
(a) 
The owners of the property and their agents, heirs, or assigns must be responsible for maintaining all required landscaping and screening areas in a healthy, growing condition.
(b) 
All landscaping and screening areas must be maintained reasonably free of weeds and trash, must be treated for pest/diseases in accordance with the approved landscape plan, and must be maintained so as to prevent mulch, straw, dirt, or other materials from washing onto streets, sidewalks, and adjoining properties.
(c) 
Limbing up trees and "topping" or shearing off trees is prohibited, unless required for public safety reasons approved by the director.
(d) 
The property owner shall take actions to protect trees and landscaping from unnecessary damage during all facility and site maintenance operations.
(e) 
Any dead, unhealthy, or missing vegetation, or vegetation disfigured by severe or excessive pruning, unusual weather occurrence or natural catastrophe, or other natural occurrence such as damage by wild or domestic animals, must be replaced with equivalent vegetation that conforms to the plant materials and installation standards in POMC § 20.128.050, other applicable standards of this title, and the approved site plan.
(f) 
The owner shall have one growing season to replace or replant after receiving notice from the director. The director shall consider the type and location of the required vegetation area in making a determination on the extent of replanting requirements.
(g) 
Failure to maintain all plantings in accordance with this section shall constitute a violation of the Port Orchard Municipal Code and may result in fines in accordance with Chapter 20.02 POMC.
(4) 
Landscape Maintenance Plan. The paragraph and list below regarding a landscape maintenance/management plan shall be placed on the landscape plan prior to plan approval, along with any other notes applicable to site landscaping. This statement may be individualized based on the specific characteristics of each site and its landscaping plan requirements. The maintenance plan shall be prepared by a Washington State licensed landscape architect, Washington-certified professional horticulturalist (CPH), or other qualified individual.
The owners of the property and their agents, heirs, or assigns shall be responsible for the installation, preservation, and maintenance of all planting and physical features shown on this plan. The owners shall be responsible for maintenance of the vegetation, including but not limited to:
(a) Fertilization.
(b) Pruning.
(c) Pest control.
(d) Mulching.
(e) Mowing (if any).
(f) Protection of the root zones from equipment, construction and storage of materials.
(g) Watering.
(h) Other continuing maintenance operations.
Failure to maintain all plantings in accordance with this plan shall constitute a violation of the Port Orchard Municipal Code and may result in fines.
(Ord. 011-19 § 5 (Exh. 2))

§ 20.128.110 Performance assurance/bonding.

In the event that landscaping improvements cannot be installed prior to final plat, final short plat, final binding site plan or formal certificate of occupancy, a cash deposit, letter of credit or other assurance acceptable to the city equal to 150 percent of the estimated landscaping and installation costs must be required. Such deposit must be accompanied by a letter which stipulates completion of all landscape development no later than the next autumn planting season following issuance of the certificate of occupancy or date of final approval, whichever is later. If these conditions are not met, the city may use the deposit to install the landscaping.
(Ord. 011-19 § 5 (Exh. 2))

§ 20.128.120 Maintenance assurance/bonding.

Prior to granting a (permanent) certificate of occupancy and/or granting final approval of site improvements, the owner of the subject property shall provide a two-year landscape maintenance bond, cash set-aside, or other assurance acceptable to the city (hereafter "assurance") in an amount equal to 125 percent of the estimated landscaping and installation costs for the project. It shall be the owner's responsibility to request a landscape maintenance inspection at least two years after city acceptance upon final landscaping installation inspection. The assurance shall not be released by the city unless the city finds upon inspection that the landscaping has been maintained and is in good health. If the city finds that the landscaping has not been maintained or is not in good health, the city may at its option require the owner to maintain and restore the required landscaping to healthy conditions prior to releasing the landscape maintenance assurance, or may itself perform work to correct the deficiencies using the provided assurance. In the event that a significant amount of the required landscaping requires replacement as determined by the director, the city may require an additional two-year landscape maintenance assurance on all or a portion of the required landscaping.
(Ord. 011-19 § 5 (Exh. 2))

§ 20.129.010 Purpose.

It is the purpose of this chapter to:
(1) 
Provide incentives for preserving significant trees and to require the replacement of significant trees at specified ratios when they are removed.
(2) 
Mitigate the environmental and aesthetic consequences of tree removal in land development through tree replacement to achieve a goal of no net loss of significant trees throughout the city.
(3) 
Provide measures to protect significant trees that may be impacted during construction activities.
(4) 
Maintain and protect the public health, safety, and general welfare.
(5) 
Preserve the aesthetic, ecological, and economic benefits of forests and tree-covered areas in Port Orchard including:
(a) 
Providing varied and rich habitats for wildlife;
(b) 
Absorbing carbon dioxide;
(c) 
Moderating the effects of winds and temperatures;
(d) 
Stabilizing and enriching the soil;
(e) 
Slowing runoff from precipitation and reducing soil erosion;
(f) 
Improving air quality;
(g) 
Improving water quality;
(h) 
Masking unwanted sound;
(i) 
Providing visual relief and screening;
(j) 
Providing recreational benefits;
(k) 
Enhancing the economic value of developments; and
(l) 
Providing a valuable asset to the community.
(Ord. 011-19 § 4 (Exh. 1))

§ 20.129.020 Applicability.

(1) 
This chapter applies to all significant trees in the city.
(2) 
No significant tree may be removed unless the requirements of this chapter are met.
(3) 
The following situations, activities, and projects are exempt from the significant tree protection requirements of this section unless the tree is located in a critical area as identified in Chapter 20.162 POMC:
(a) 
Utility developments.
(b) 
Roadway or street (including sidewalks) construction.
(c) 
Parks projects.
(d) 
Trees that interfere with overhead utility lines.
(e) 
Trees that are causing damage to building foundations.
(4) 
This chapter shall not be construed to authorize the removal of trees where tree removal is not otherwise permitted in the POMC.
(Ord. 011-19 § 4 (Exh. 1))

§ 20.129.030 Definitions.

(1) 
Significant trees are those trees with a DBH (diameter at breast height) of 18 inches or greater and which are not identified by a licensed arborist as damaged, diseased, or a safety hazard due to potential root, trunk or primary limb failure, or new exposure to wind after having grown in a closed, forested situation.
(2) 
The root protection zone is equal to one-foot radius from the center of the tree for every one inch of tree DBH. A modified root protection zone may be established by a certified arborist's individual tree evaluation.
(Ord. 011-19 § 4 (Exh. 1))

§ 20.129.040 Removal and replacement of all significant trees.

(1) 
Approval of the director is required for the removal of significant trees and shall be granted; provided, that all other applicable requirements and standards of the Port Orchard Municipal Code are met. The decision to authorize the removal of a significant tree shall be a Type 1 decision; however, an application that involves two or more procedures may be processed consistent with the procedures provided in POMC § 20.22.020(2). Approval requires that the following condition and the replacement requirements of subsection (2) are met:
(a) 
All significant trees located within any required landscape buffer area or required landscape planting area shall be retained to the extent practical and feasible.
(b) 
This provision shall not be construed as to prohibit mass grading; provided, that significant trees are replaced in accordance with this chapter.
(2) 
Significant trees that are removed shall be replaced with trees meeting the following requirements:
(a) 
Trees must be replaced at the rates described in Table 20.129.040 and at no less than a 1:1 ratio for any proposed development. If the number of replacement trees required in accordance with Table 20.129.040 results in a fraction, the number shall be rounded up to the nearest whole number.
Table 20.129.040
Replacement Tree Quantity
Significant Tree Diameter
Number of Replacement Trees Required
18 – 22 inches diameter
0.5
22 – 28 inches diameter
1
28 – 36 inches diameter
2
Greater than 36 inches diameter
3
(b) 
To incentivize significant tree retention, every significant tree that is retained shall reduce the required number of replacement trees by three trees.
(c) 
Replacement deciduous trees shall be fully branched, have a dominant leader branch, have a minimum caliper of one and one-half inches (as measured 24 inches above the root ball), and a minimum height of six feet at the time of planting as measured from the top of the leader branch to the top of the root ball.
(d) 
A replacement deciduous tree that has a minimum caliper of three inches (as measured 24 inches above the root ball) and a minimum height of eight feet at the time of planting as measured from the top of the leader branch to the top of the root ball may substitute for two required replacement trees.
(e) 
Replacement evergreen trees shall be fully branched and a minimum of six feet in height, measured from the top of the leader branch to the top of the root ball, at the time of planting.
(f) 
Replacement trees shall primarily be those species native to the Pacific Northwest. In making a determination regarding the species of replacement trees, the director shall defer to the species selected by the property owner unless the director determines that the species selected is unlikely to survive for a period of at least 10 years, represents a danger or nuisance, or would threaten overhead or underground utilities.
(g) 
The property owner shall maintain all replacement trees in a healthy condition. The property owner shall be obligated to replace any replacement tree that dies, becomes diseased, or is removed. Replacement trees shall not be removed except when they are moved to another location in accordance with this chapter.
(h) 
The director may authorize the planting of fewer and smaller replacement trees if the property owner can demonstrate the reduction is suitable for the site conditions, neighborhood character, and the purposes of this section, and that such replacement trees will be planted in sufficient quantities to meet the intent of this section. The director may require a certifying statement from a Washington State licensed landscape architect, Washington-certified professional horticulturalist (CPH), or certified arborist.
(3) 
If the site does not allow for planting of replacement trees, the trees may be planted (a) on an alternative site within the city, or (b) on public property (such as in a city park) subject to the approval of the public works director. If the trees are not planted on public property, guarantees shall be provided (such as a conservation easement) to ensure that the replacement trees will not be removed prior to reaching 18 inches DBH (at which time they will be considered significant trees).
(4) 
The director shall not authorize the planting of shrubs or bushes in lieu of required replacement trees.
(5) 
For projects containing five or fewer significant trees, the required replacement trees planted shall be in addition to other required trees installed to satisfy street tree and landscaping buffer, parking lot, and other landscape area requirements. For projects on nonforested sites containing more than five significant trees, up to 75 percent of the required replacement trees to be planted may be satisfied by planting trees within required or proposed landscaping areas including but not limited to landscape buffers and parking lot islands as specified in Chapter 20.128 POMC. For projects on forested sites containing more than five significant trees, up to 100 percent of the required replacement trees to be planted may be satisfied by planting trees within required or proposed landscaping areas including but not limited to landscape buffers and parking lot islands as specified in Chapter 20.128 POMC. For the purposes of this section, a site is considered forested if it contains more than 20 significant trees per acre.
(6) 
Guidelines for Significant Tree Replacement. The following guidelines and requirements shall apply to significant tree replacement:
(a) 
When individual trees or tree stands are protected, replacement trees should be planted to reestablish or enhance tree clusters where they previously existed.
(b) 
Replacement trees shall be planted in locations appropriate to the species' growth habit and horticultural requirements.
(c) 
Replacement trees shall be planted in areas that connect or are adjacent to native growth protection areas or other open space, where appropriate.
(d) 
Replacement trees shall be integrated into the required landscape plans, if any, for a development.
(e) 
Replacement trees to be planted next to or under power lines shall be selected with consideration of the trees' maturation and maintenance requirements.
(Ord. 011-19 § 4 (Exh. 1))

§ 20.129.050 Retention and protection of significant trees associated with development proposals.

(1) 
Significant Tree Retention Plan. The applicant or property owner shall submit a tree retention plan prepared by a certified arborist, horticulturalist, landscape architect, forester or other qualified professional concurrent with the underlying development permit application (such as a land disturbing activity, short subdivision, binding site plan, conditional use, building, or preliminary subdivision permit application), whichever is reviewed and approved first. The tree retention plan shall consist of:
(a) 
A tree survey that identifies the location, size, and species of individual significant trees or the perimeter of stands of trees on a site;
(b) 
Identification of the significant trees that are proposed to be retained; and
(c) 
The location and design of root protection during construction and development activities.
(2) 
Exemption. Significant tree retention plans shall not be required for the construction of a detached house or backyard cottage, but these projects shall comply with all other sections of this chapter.
(3) 
Protection of Significant Trees. To provide protection for significant trees that are to remain during and after development activity the following standards apply:
(a) 
Prior to construction, grading, or other land development, each root protection zone is identified with a temporary chain-link or orange mesh fence with a minimum height of five feet.
(b) 
No impervious surfaces, fill, excavation, or storage of construction materials shall be permitted within the root protection zone.
(c) 
Alternative protection methods may be used if determined by the director to provide equal or greater significant tree protection.
(Ord. 011-19 § 4 (Exh. 1))

§ 20.139.005 Purpose.

The purpose of this chapter is to protect the public health, safety and welfare of Port Orchard by guiding development to ensure that:
(1) 
Residential structures are designed and constructed in an attractive manner;
(2) 
Property values are protected;
(3) 
On- and off-street parking areas are used efficiently;
(4) 
Public spaces are visible from private living areas; and
(5) 
Neighborhoods are healthy, walkable places;
(6) 
Design standards are clear and objective.
(Ord. 011-19 § 5 (Exh. 2); Ord. 008-25 § 17 (Exh. P))

§ 20.139.010 Applicability.

(1) 
The standards in this chapter shall apply to detached houses, middle housing, and accessory buildings to residential uses as defined in Chapters 20.12 and 20.32 POMC, in any zone in which they are built as indicated herein. For existing structures that are being modified or enlarged, the standards shall only apply to the portions of the structure being modified and to any additions, unless the project valuation exceeds 50 percent of the taxable value for the structure.
(2) 
When the project valuation exceeds 50 percent of the taxable value for the structure, the entire structure shall be brought into compliance with this chapter; except that for any portion of the existing building to which an owner is not proposing structural changes, the city shall not require that portion of the existing building to be modified in the following ways (except when required pursuant to the city's building codes):
(a) 
Moving an existing exterior wall;
(b) 
Adding additional windows to an existing exterior wall;
(c) 
Enlarging an existing covered entry;
(d) 
Relocating an existing garage or driveway;
(e) 
Replacing existing siding material; and
(f) 
Modifying an existing roofline.
(Ord. 011-19 § 5 (Exh. 2); Ord. 056-19 § 26; Ord. 008-25 § 17 (Exh. P))

§ 20.139.015 Garage configuration standards.

The maximum combined width of street-facing garage door(s) shall not exceed 60 percent of the lot width.
(Ord. 011-19 § 5 (Exh. 2); Ord. 056-19 § 27; Ord. 014-20 § 5; Ord. 008-25 § 17 (Exh. P))

§ 20.139.020 Garage placement and design.

(1) 
The following provisions apply to detached houses and middle housing:
(a) 
Where lots front a public street, and where vehicular access is from the street, attached garages or carports shall be set back at least five feet behind the ground floor front wall of the occupied portion of the building or front edge of an unenclosed porch.
Exceptions:
(i) 
Garages may project up to six feet closer to the street than the ground floor front wall of the occupied portion of a building or front edge of an unenclosed porch, provided it is set back at least 20 feet from the property line and incorporates at least two of the design/detail features below. Garages placed flush with the ground floor front wall or behind the front wall of the building shall incorporate at least one of the design/detail features below:
(A) 
A decorative trellis or arbor over the entire garage face, above and surrounding the garage door.
(B) 
A balcony that extends out over the garage and includes columns.
(C) 
Two separate doors for two-car garages instead of one large door.
(D) 
Decorative windows on the garage door.
(E) 
Decorative details on the garage door. Standard squares on a garage door will not qualify as a decorative detail. Traditional visible hinges and handles (functional or decorative), and other construction methods creating depth and texture on a garage door surface are acceptable forms of decorative details. Examples of decorative details are shown in Figure 2.
(F) 
A garage door color (other than white) that matches or complements the color of the building.
(G) 
Other design techniques that effectively deemphasize the garage, as determined by the director.
(ii) 
Garages may be placed closer to the street than the front wall of the building or front edge of an unenclosed porch, provided the garage door faces an interior lot line and features (a) window(s) facing the street, so that it appears to be habitable.
(iii) 
Where lots abut an alley, the garage or off-street parking area shall take access from the alley, unless precluded by steep topography. This requirement shall not apply to unopened alleys.
20.139.020_1.tif
Figure 1. Garage placement/frontage standards and design.
20.139.020_2.tif
Figure 2. Garage design/detail examples.
(Ord. 011-19 § 5 (Exh. 2); Ord. 059-21 § 14; Ord. 008-25 § 17 (Exh. P))

§ 20.139.022 Driveway standards for detached houses and middle housing.

(1) 
Individual driveway approaches shall not exceed 20 feet in width.
(2) 
Shared driveways among two or more dwellings shall not exceed 32 feet in width per frontage measured at the street property line(s).
(3) 
All other driveway standards must comply with POMC § 20.124.090 and the adopted public works engineering standards and specifications.
(Ord. 056-19 § 28; Ord. 008-25 § 17 (Exh. P))

§ 20.139.025 Building design.

This section shall apply to detached houses and middle housing as defined in Chapters 20.12 and 20.32 POMC.
(1) 
Covered Entry.
(a) 
All detached houses shall have a porch meeting the standards of POMC § 20.122.060.
(b) 
All middle housing buildings shall provide a covered entry consistent with the requirements of the specific building type as described in Chapter 20.32 POMC.
(2) 
Repealed by Ord. 008-25.
(3) 
Windows and Transparency. All buildings subject to these standards shall include windows that collectively constitute the greater of a minimum of the transparency percentage required of its building type as described in Chapter 20.32 POMC as follows:
(a) 
Transparent windows and/or doors facing the street are required. To meet this requirement, transparency shall be provided on each required building facade at the percentage identified for the specific building type in Chapter 20.32 POMC.
(i) 
The calculation for determining compliance with the transparency (window) area requirement shall be as follows:
Total Window Area = (Sum of the individual areas of all windows on a building facade)
Total Building Facade Area = (The total surface area of the building facade)
Window Area Percentage = (Total building facade window area/total building facade area) * 100.
(ii) 
A building facade is measured from the base of the house to the start of the roofline and any other vertical walls facing the street, except for gabled portions of the facade not containing livable floor area (see Figure 3 for clarification). Garages located on the street facing wall of the house shall count as part of the facade.
20.139.020_4.tif
Figure 3. Facade transparency.
(b) 
All buildings with street-facing facades shall include window trim and details that conform to the following standards:
(i) 
Trim Width. Window trim shall have a minimum width of three and one-half inches, measured from the edge of the window frame to the outer edge of the trim.
(ii) 
Trim Depth. Window trim shall extend outward from the facade to a minimum depth of two inches.
(iii) 
Visual Interest. Window trim and details shall be designed to enhance visual interest and architectural character. This may include decorative moldings, sills, lintels, or other architectural elements that create depth and texture. A minimum of two options from the following list must be used to achieve visual interest compliance for window treatments on street-facing facades:
(A) 
Shutters on all street-facing windows. Shutters shall be installed in a manner consistent with the architectural style of the building.
(B) 
A keystone above a window (on masonry homes). The keystone shall be designed to complement the overall architectural style and shall be appropriately sized and located above the window.
(C) 
Windows containing more than two glass panes (or that give the appearance of multiple panes). Multi-pane windows shall be designed and arranged to enhance visual interest and architectural character.
(D) 
Stained or custom glass. Stained or custom glass shall be incorporated into windows in a manner that enhances visual interest and complements the building's design.
(E) 
Exterior window sills. Exterior sills shall be designed and installed to provide depth and visual interest to the windows.
(F) 
Other design techniques that effectively emphasize windows as an architectural feature as determined by the director.
(iv) 
An exception to the requirements of subsections (3)(b)(i) through (3)(b)(iii) of this section may be granted where the minimum transparency of the specific building type as described in Chapter 20.32 POMC is exceeded by a rate of at least five percent.
20.139.020_5.tif
Figure 4. Acceptable (left and middle) and unacceptable (right) window design.
20.139.020_6.tif
Figure 5. Examples of distinctive window or facade treatments.
(Ord. 011-19 § 5 (Exh. 2); Ord. 008-25 § 17 (Exh. P))

§ 20.139.030 Architectural details.

This section shall apply to detached houses and middle housing.
(1) 
Architectural Details. Provide for architectural details that add visual interest to the neighborhood and are well proportioned to achieve good human scale. Specifically, incorporate at least three of the following detail elements into the facade of the building:
(a) 
Decorative porch design, including decorative columns or railings.
(b) 
Bay windows or balconies.
(c) 
Decorative molding/framing details around all ground floor windows and doors.
(d) 
Decorative door design including transom and/or side lights or other distinctive features.
(e) 
Decorative roofline elements including brackets, multiple dormers, and chimneys.
(f) 
Decorative building materials, including decorative masonry, shingle, brick, tile, stone, or other materials with decorative or textural qualities.
(g) 
Landscaped trellises or other decorative elements that incorporate landscaping near the building entry.
(h) 
Distinctive paint schemes (such as a paint scheme consisting of three or more colors).
(i) 
Other decorative facade elements or details that meet the intent and standards as determined by the director.
20.139.020_7.tif
Figure 6. Examples of how buildings can meet architectural detail criteria. Image A includes decorative windows, building material treatment, and roofline elements. Image B includes decorative brick use, window treatments, entry design, and ventilation circles. Image C includes decorative building materials, door/entry feature, windows, and roofline elements.
(Ord. 011-19 § 5 (Exh. 2); Ord. 008-25 § 17 (Exh. P))

§ 20.139.035 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.
(2) 
Applicability. This section shall apply to detached houses and middle housing building types:
(3) 
Architectural Variety Standards. Buildings subject to architectural variety requirements shall comply with the following standards:
(a) 
Facade Elevation Variety Standards. The number of different facade elevations required shall be based on the size of the development or street block, and shall comply with the following standards:
(i) 
Duplicative building designs adjacent to each other are prohibited. Simple reverse configurations of the same building design on adjacent lots are not sufficient to meet architectural variety goals. Exceptions may be granted by the director in special circumstances where similar architectural consistency provides a distinct character for a cluster of buildings surrounding an open space or on a particular street.
(ii) 
Generally, the more buildings in a subdivision or on a street block, the greater the number of different facade elevations will be required. Specifically, the following subdivision and street block variety standards shall apply:
(A) 
Subdivisions.
1. 
Ten to 19 buildings, a minimum of four different facade elevations shall be used.
2. 
Twenty to 39 buildings, a minimum of five different facade elevations shall be used.
3. 
Forty to 69 buildings, a minimum of six different facade elevations shall be used.
4. 
Seventy or more buildings, a minimum of seven different facade elevations shall be used.
(B) 
Street Block.
1. 
Less than six buildings, a minimum of three different facade elevations shall be used.
2. 
Seven to 10 buildings, a minimum of four different facade elevations shall be used.
3. 
Eleven to 14 buildings, a minimum of five different facade elevations shall be used.
4. 
Fifteen or more buildings, a minimum of six different facade elevations shall be used.
20.139.020_8.tif
Figure 7. Examples of homes featuring different facade elevations. Notice the different rooflines, entry features, window designs/locations, exterior materials, and colors.
(iii) 
Definition of Different Facade Elevation. In order to qualify as a different facade elevation, buildings shall meet the following criteria:
(A) 
Have different roofline configurations, different color palettes, and different porch/entry designs that meet the requirements of the specific building type and the requirements of Chapter 20.122 POMC.
(B) 
Utilize a minimum of two of the following alternatives:
1. 
Different window openings (location and design).
2. 
One- and two-story buildings.
3. 
Different exterior materials and finishes.
4. 
Different garage location, configuration, and design.
5. 
Other different design element that helps to distinguish one facade elevation from another as determined by the director.
(Ord. 011-19 § 5 (Exh. 2); Ord. 008-25 § 17 (Exh. P))

§ 20.139.040 Building materials.

This section shall apply to detached houses and middle housing.
(1) 
The following building material standards shall be met:
(a) 
Mirrored glass and exposed concrete block (except for foundation/crawl space walls where not visible from the street) are prohibited. Board form concrete is acceptable.
(b) 
T-111 siding and other plywood types of siding (board and batten with a brick, stone, or horizontal lap siding lower portion of the building is an exception) shall not be used for facades adjacent to or directly viewable from a street or public place.
(Ord. 011-19 § 5 (Exh. 2); Ord. 008-25 § 17 (Exh. P))

§ 20.139.045 Roof design.

This section shall apply to detached houses and middle housing.
(1) 
A variety of articulated roof forms shall be provided for each individual building that emphasize building form to create visual interest to the neighborhood and to avoid a monotonous series of rooflines. Roofs should exhibit variety between different plans by using front-to-rear and side-to-side gabled and hipped roofs, and/or by the introduction of single-story elements. Roof materials, colors and treatments should correspond to the individual character or style of the home and should be compatible with the overall look of the neighborhood.
(2) 
All buildings with pitched roofs shall have a minimum slope of three feet vertical rise for every 12 feet of horizontal run on the primary roof of the building. A continuous pitched street-facing roof plane shall extend no more than 40 linear feet unless it contains roof elements. Roof elements may include at least one of the following:
(a) 
Dormers.
(b) 
Cupolas.
(c) 
Gable or hip projection.
(d) 
Hipped roofs or similar construction is encouraged alongside yards in neighborhoods with closely-adjacent homes to maximize solar access to neighboring homes and/or private open space, as shown below.
20.139.020_9.tif
Figure 8. Encourage rooflines along the side yard that maximize solar access to adjacent homes and/or private open space.
(Ord. 011-19 § 5 (Exh. 2); Ord. 008-25 § 17 (Exh. P))

§ 20.139.050 Accessory building standards.

Accessory buildings (including detached garages) with more than 200 square feet of floor area shall be designed to be compatible with the primary structure in scale, size, materials, detailing, and roofline, as determined by the director. Accessory buildings of any size that have more than one story (such as a loft, mezzanine or attic space), and accessory buildings that will be located within a required fire separation according to the IRC, may require a building permit.
(Ord. 011-19 § 5 (Exh. 2); Ord. 008-25 § 17 (Exh. P))

§ 20.139.065 Residential walls and fences standards.

(1) 
General Standards. The following standards shall apply to all residential development:
(a) 
Fences and walls shall either be finished (i.e., without exposed supports or stringers) on both sides, or else shall be installed so that the finished side faces any street.
20.139.050_1.tif
Figure 10: Fence with finished side facing a street (left); fence finished on both sides (center); fence with finished side not facing a street (right).
(b) 
Fences and walls shall follow the contour of the ground as far as practicable. Fences on sloped ground may be installed on an incline, or may be installed in stepped sections, with or without an accompanying retaining wall; however, inclined fences and stepped fences and/or walls shall have the fence and/or fence section height measured in the same manner as level fences and shall comply with the maximum height restrictions as provided in this section. Adjustments for grade shall occur at the bottom of the fence to every extent possible. See Figure 11.
20.139.050_2.tif
Figure 11: Fences on slopes.
(c) 
Solid fencing or wall sections more than 200 feet long located along a street shall include architectural features, such as masonry, brick or wood-framed columns to break up the street facing side of the fence. The minimum separation between those features shall be no less than 15 feet.
Examples of acceptable (upper rows) architectural features and unacceptable (bottom row) architectural features are shown in Figure 12.
20.139.050_3.tif
Figure 12. Fences that are broken up with architectural features (top two rows) and those that are not broken up (bottom row).
(d) 
Approved columns or posts may exceed the height of the fence by one foot and must meet all permit and setback requirements.
(e) 
Fences shall be maintained in good repair. It shall be a violation of the zoning code to allow a fence to fall into disrepair.
(2) 
Fence Height. The following standards shall apply to all residential development:
(a) 
If a minimum linear distance of 10 feet separates a fence and retaining wall, a fence may be erected to a height of six feet above the highest finished grade within the 10-foot distance.
(b) 
All fences in the primary front yard of single-family, duplex and attached residential uses shall not exceed four feet in height and a minimum 35 percent open area (see Figures 13, 14).
20.139.050_4.tif
Figure 13. Fence type and height – Front vs. side and rear yard.
20.139.050_5.tif
Figure 14: Fences with at least 35 percent open area – open type fence.
(c) 
All fences in the rear yard, side yard, nonprimary front yard of single-family, duplex, attached residential, and multifamily uses may be solid and shall not exceed six feet in height.
(d) 
A combination fence and retaining wall may be erected to a height of six feet above the highest finished grade or eight feet above the lowest finished grade, at the location of the fence, except that at no time shall the fence portion exceed six feet above the highest finished grade at any point (see Figure 15).
20.139.050_6.tif
Figure 15: Fence and retaining wall on grade.
(e) 
A retaining wall may not elevate a fence to any height more than allowed by this section.
(f) 
An entry feature or trellis may have a maximum height of 10 feet and maximum width of 10 feet.
(3) 
Fence and Wall Placement. The following standards shall apply to all residential development:
(a) 
No portion of a fence shall extend beyond the property line of the fenced property into the public right-of-way unless allowed by a right-of-way use permit.
(b) 
All fences and walls including fence support systems such as posts, pillars and columns shall be set back at least to the property line and a minimum of two feet from the back edge of the sidewalk to allow for safe passage by persons on a sidewalk or traveled walkway or where no sidewalk exists then two feet behind the edge of asphalt.
(c) 
Vehicular gates must be set back at a minimum 20 feet from the travel surface of the street or back of curb in order to meet vehicle stacking requirements.
(d) 
Gates adjacent to sidewalks, alleys and public rights-of-way shall open inward to the private property.
(e) 
A fence along common property lines may be placed at the furthest point forward of the adjacent property if the adjacent property allows for fence placement that differs from the neighbor's.
(f) 
Solid fences and walls may be erected to a height of eight feet to separate a property from an arterial street or a frontage road adjacent to a highway. The director shall consider the aesthetic, visual, and noise reduction characteristics of the fence or wall. A building permit may be required for fences exceeding six feet in height and for walls.
(g) 
Where a corner lot is permitted to have a solid fence along a nonprimary front property line that coincides with an adjacent property's primary front yard, no fence will be permitted that creates a site distance hazard for vehicles exiting that property or for pedestrians walking along a sidewalk or traveled walkway.
(4) 
Residential Fence and Wall Materials.
(a) 
Approved materials for fence construction include, but are not limited to, commercial quality wood, brick, masonry, metal, stone, wrought iron, manufactured vinyl or PVC fence material or any other material approved by the director, unless otherwise prohibited by this chapter.
(b) 
Barbed wire or razor wire is not allowed on any property used for residential purposes or any property that has residential zoning.
(c) 
Electrical fencing is allowed only on properties where legal agricultural uses exist and shall be used solely for the enclosure of livestock. This provision does not prohibit invisible fences.
(d) 
Combination fences of lattice and other decorative materials may be used in conjunction; however, at no time shall the combination exceed the overall fence height limitation.
(e) 
Prohibited fence materials shall include, but are not limited to, aluminum siding, vehicle parts, smooth face concrete masonry units/blocks, cloth or plastic tarps, scrap wood or any other material not customarily sold for fencing.
(f) 
Plastic or temporary construction fence may not be used as a permanent fence material.
(g) 
Approved materials for wall construction include, but are not limited to: stone, commercial quality brick, decorative masonry units, or decorative concrete or any other material approved by the director unless otherwise prohibited by this chapter.
(Ord. 011-19 § 5 (Exh. 2); Ord. 008-25 § 17 (Exh. P))

§ 20.140.010 Purpose and objectives.

(1) 
This chapter is intended to regulate clearing, grading, and earthwork construction, including cuts and fills, within the city of Port Orchard, to protect public health, safety, welfare, and aesthetics by:
(a) 
Preventing damage to property and harm to persons caused by excavations and fills;
(b) 
Minimizing adverse stormwater impacts generated by the removal of vegetation and alteration of landforms;
(c) 
Protecting water quality from the adverse impacts associated with erosion and sedimentation;
(d) 
Minimizing the height, steepness, and number of graded slopes;
(e) 
Minimizing the amount of grading after a property is developed and prepared for building construction;
(f) 
Minimizing the height and number of rock and retaining walls;
(g) 
Protecting critical areas and associated buffers from adverse clearing and grading activities;
(h) 
Minimizing aquatic and terrestrial wildlife habitat loss caused by the removal of vegetation;
(i) 
Establishing minimum access requirements to and around buildings for safety, security, maintenance, and general use and enjoyment of property;
(j) 
Establishing administrative procedures for the issuance of permits, approval of plans, and inspection of clearing and grading operations; and
(k) 
Providing enforcement and penalties for the violation of this chapter.
(Ord. 019-17 § 18 (Exh. 1))

§ 20.140.020 Definitions.

Unless otherwise specifically defined in this chapter, the definitions provided in Chapter 20.150 POMC, Stormwater Drainage, and Chapter 20.12 POMC, Definitions, shall apply to this chapter. If there is conflict between a term as defined in this chapter, Chapter 20.150 POMC, and/or Chapter 20.12 POMC, the definition in this chapter shall first control, then the definition in Chapter 20.150 POMC, then the definition in Chapter 20.12 POMC.
(Ord. 019-17 § 18 (Exh. 1))

§ 20.140.030 Applicability – Additional regulations.

(1) 
The provisions of this chapter shall apply to all land disturbing activity, as defined in this chapter, in the city of Port Orchard.
(2) 
The requirements of this chapter are in addition to other city codes, standards, and regulations. Where conflicts exist between the provisions of this chapter and other codes and standards, the most restrictive shall apply.
(3) 
The applicant shall comply with this chapter and the city's adopted public works standards; Appendix J of the International Building Code, as adopted in Chapter 20.200 POMC; Chapter 20.150 POMC, Stormwater Drainage; and all equivalent standards approved by the director.
(4) 
Requirements administered by other state and local agencies may also apply to clearing and grading activity. The responsibility for determining the existence and application of other agency requirements rests solely with the applicant.
(Ord. 019-17 § 18 (Exh. 1))

§ 20.140.040 Decision type.

A land disturbing activity permit is a either a Type I or Type II action depending on permit scope as described below and shall be reviewed and considered in accordance with the procedures for such actions as set forth in Subtitle II of this title and this chapter.
(1) 
Land disturbing activity permits for minor development as defined in POMC § 20.150.020(11) and for projects limited to tree cutting shall be a Type I action.
(2) 
Land disturbing activity permits for major development as defined in POMC § 20.150.020(11) shall be a Type II decision.
(Ord. 019-17 § 18 (Exh. 1); Ord. 029-19 § 2)

§ 20.140.050 Administration.

(1) 
The director shall have the authority to develop and implement procedures to administer and enforce this chapter.
(2) 
A land disturbing activity permit may be issued as a component of a building permit, or other permit, rather than as a separate permit. The director may require that single-family building permits and land disturbing activity permits be combined.
(3) 
As a condition of any permit issued for activity covered by this chapter, the property owner shall be required to consent to entry upon the land by the director or their designee at all reasonable times to inspect the same or to perform any duty imposed upon the director by this chapter. If the land is occupied, the director shall first present proper credentials and request entry. If the land is unoccupied, a reasonable effort shall be made to locate the owner or other persons at the site who are in apparent charge or control of the land and demand entry. If no person is located, the director may enter said property and shall, with due diligence, make attempts to notify the owner, occupant, or other person having charge within a reasonable amount of time of the entry.
(Ord. 019-17 § 18 (Exh. 1); Ord. 017-23 § 1 (Exh. A))

§ 20.140.060 Permit – Form – Exemptions.

(1) 
Permit Required. A land disturbing activity permit is required to be submitted for all land disturbing activity and must be obtained prior to the commencement of any land disturbing activity unless the activity is exempted in this section. A land disturbing activity permit shall be required regardless of any other permits issued by any other department or governmental agency who may be interested in certain aspects of the proposed work.
(2) 
Permit Form. Applications shall be on forms prescribed by the director and shall include such information as deemed necessary by the director to establish compliance with this chapter.
(3) 
Permit Exemptions. If a person or entity determines that a proposed land disturbing activity is exempt from obtaining a land disturbing activity permit under this chapter, the person or entity may consult with the department to confirm the determination or to ensure compliance with other applicable requirements of this code. A consultation may be requested in the form of a preapplication meeting.
(4) 
Permit Fee. Application fees shall be collected pursuant to the city's current fee schedule to compensate the department for the investigation, permit administration, plan review, and ongoing monitoring/inspection of all clearing and grading permit applications. Additional review fees required under this code may be applicable to individual land disturbing activity permit applications, including, but not limited to, shoreline management, SEPA, and critical areas review fees.
(5) 
Increased Fee for Work without a Permit. Whenever any work for which a land disturbing activity permit is required by this chapter has been commenced without first obtaining a valid permit, the city may double the application fee. This fee increase may be imposed in addition to any other enforcement procedures pursuant to this chapter.
(6) 
Any rockery or other retaining structure greater than four feet in height shall be permitted under a separate building permit.
(7) 
Emergencies. Emergency activities are those activities necessary to prevent an immediate threat to public health, safety, or welfare, or that pose an immediate risk of damage to property and that require remedial or preventative action in a short time frame. The person or agency undertaking such action shall notify the city and the director shall determine if the action taken is within the scope of the emergency action allowed in this section. After the emergency, the person or agency shall obtain the required land disturbing activity permit and ensure that the area of disturbance is brought into conformance with this chapter.
(8) 
Danger Tree Removal. Danger trees shall not require a land disturbing activity permit; provided, that they are identified by a licensed arborist as damaged, diseased or a safety hazard due to potential root, trunk or primary limb failure prior to removal. Documentation of any danger tree designation shall be provided to the city upon request. The city recommends that notification of danger tree removal along with providing documentation of the presence of a danger tree be provided to the city prior to removal.
(Ord. 019-17 § 18 (Exh. 1); Ord. 029-19 § 3)

§ 20.140.070 Permit – Stormwater drainage permit required – Exemptions.

(1) 
Stormwater Drainage Permit Required. Except as specifically exempt herein, the issuance of a stormwater drainage permit pursuant to Chapter 20.150 POMC shall be required for all activities requiring a land disturbing activity permit under this chapter.
(2) 
Exemptions. The following land disturbing activities do not require the issuance of a stormwater drainage permit; provided, that an exemption from issuance of a stormwater drainage permit under this section does not constitute an exemption from the other requirements of this chapter or Chapter 20.150 POMC:
(a) 
Excavation for utilities, or for wells or tunnels, under a separate permit.
(b) 
An excavation below finished grade for basements and footings of a building, retaining wall, or other structure authorized by a valid building permit. This shall not exempt the placement of any fill material removed from such an excavation and shall not exempt any excavation beyond the limits of the basement or footing excavations nor exempt excavations having an unsupported height greater than five feet after the completion of such a structure.
(c) 
Agricultural crop management outside of critical drainage areas limited to the preparation of soil by turning, discing, or other means endorsed by the Kitsap conservation district.
(d) 
Excavation for cemetery graves.
(e) 
Landscape installation where fill is confined to less than one foot of topsoil and land disturbing activities are limited to less than one acre.
(f) 
The disposal of solid waste, wood waste, problem waste, and demolition waste authorized pursuant to Chapter 70.95 RCW, and regulations presently enacted or as may be amended or as specifically approved by the Bremerton-Kitsap County health district.
(g) 
Mining, quarrying, excavating, processing, and/or stockpiling of rock, sand, gravel, aggregate, or clay where established and provided by law and a permit for said activity has been issued by the state of Washington or the federal government, provided such operations do not affect the lateral support or increase the stresses in or pressure upon any adjacent or contiguous land.
(h) 
Exploratory excavations under the direction of a qualified civil engineer.
(i) 
Grading activities already approved by separate permit granted by any governing authority.
(j) 
Emergency sandbagging, diking, ditching, filling, or similar work during or after periods of extreme weather conditions when done to protect life or property.
(k) 
Maintenance activities within public rights-of-way performed by city personnel.
(l) 
Tree cutting activities which remove less than 7,000 square feet of tree canopy area.
(Ord. 019-17 § 18 (Exh. 1); Ord. 029-19 § 4)

§ 20.140.080 Permit – Submittal requirements.

(1) 
General Requirements. Each application for a land disturbing activity permit shall be accompanied by plans and specifications and other supporting data, as applicable. The plans and specifications shall be prepared and signed by a civil engineer registered to practice in the state of Washington. Plans and specifications for single-family residential construction and minor land disturbing activity permits shall not require preparation and signature by a licensed engineer unless deemed necessary by the city engineer.
(2) 
Soils Report. A soils report shall be prepared by a licensed soils or geotechnical engineer and shall cover all portions of the project within the engineer's expertise, including site history; geologic structures; surface conditions; subsurface conditions; recommendations for foundation support, site preparation, structural fill, slope stability, and mitigation; design parameters for retaining structures and structure backfill, surface and subsurface drainage, dewatering, excavation conditions, and hazards; seismic conditions, erosion, and sedimentation hazards and controls; use of on-site materials for structural fill and backfill; and pavement design. The soils or geotechnical engineer shall be retained as the engineer-of-record for the duration of the project. An application for a land disturbing activity permit for tree cutting meeting the definition of a minor development will not require a soils report unless deemed necessary by the city engineer.
(3) 
Grading Plan. Land disturbing activities that include grading and which meet the definition of a major development shall be required to have an approved engineered grading plan.
(4) 
Abbreviated Grading Plan. Land disturbing activities that include grading and which meet the definition of a minor development will require an approved abbreviated grading plan in lieu of an engineered grading plan. An abbreviated grading plan is a grading plan that does not require preparation and signature by a professional civil engineer.
(5) 
Erosion and Sedimentation Control. The grading plan shall include a temporary erosion and sedimentation control plan. The plan shall clearly indicate the construction sequence for establishment of all erosion and sedimentation control work, both temporary and permanent. The plan shall conform to all requirements and standards for erosion and sedimentation control set forth in this chapter.
(6) 
Critical Areas. If the land disturbing activity is proposed to take place in or adjacent to a critical area as regulated in Chapter 20.162 POMC, additional information as required by that chapter shall be submitted with the application.
(7) 
Tree Cutting. An application for a land disturbing activity permit for tree cutting meeting the definition of minor development will require an abbreviated tree removal plan in lieu of an engineered grading plan or abbreviated grading plan. Abbreviated tree removal plans must indicate the approximate location of the tree(s) to be removed, the species of tree(s) to be retained and removed, the diameter at breast height of each tree to be removed, and the relative location of adjacent (within 75 feet) trees to be retained, buildings, and/or improvements. Any abbreviated tree removal plan shall comply with Chapter 20.129 POMC if significant plans may be required by the director. Timber harvesting may require additional state permits prior to commencing work under an approved land disturbing activity permit.
(Ord. 019-17 § 18 (Exh. 1); Ord. 029-19 § 5)

§ 20.140.090 Permit – Issuance – Expiration.

(1) 
Issuance.
(a) 
After an application has been filed and reviewed, the director shall determine that the land disturbing activity complies with the other provisions of this chapter, Chapter 20.150 POMC, and all other applicable provisions of this code or request that the application be corrected or amended to comply with the same.
(b) 
No land disturbing activity permit shall be issued until approved by any and all federal, state, and local agencies having jurisdiction, by laws or regulations, pertaining to the proposed work.
(c) 
Upon approval of the application and issuance of the land disturbing activity permit, no work shall be done that is not provided for in the permit.
(2) 
Mitigation. In issuing a land disturbing activity permit, the director may require measures to mitigate the impacts of the land disturbing activity.
(3) 
Inactivity. An application for a land disturbing activity permit may be canceled for inactivity if an applicant fails, without reasonable justification, to respond to the director's written request for revisions or corrections within 60 days of receipt of such request. The director may extend the response period beyond 60 days if the applicant provides and adheres to a reasonable schedule for submitting the full revisions.
(4) 
Permit Expiration. Land disturbing activity permits expire as follows:
(a) 
If a building permit is issued for the same site, the land disturbing activity permit shall automatically expire or be extended when the building permit expires or is extended; or
(b) 
If a building permit is not issued for the same site, the land disturbing activity permit shall expire if the authorized work has not begun within 180 days from the date of permit issuance, or if work is abandoned for over 60 consecutive days, unless an extension has been granted. The applicant shall be responsible for notifying the director, in writing, if delays or unforeseen circumstances are impacting the start or continuation of the work. If the authorized work is continually performed, the permit shall expire one year from the date of issuance, unless a different time frame is specified on the permit or an extension is granted.
(5) 
Permit Extensions. Up to two one-year extensions may be granted by the director; provided, that conditions which were relevant to issuance of the permit have not changed substantially and no material detriment to the public welfare will result from the extension. The applicant shall be responsible for notifying the director, in writing, if delays or unforeseen circumstances are impacting the completion of the work. An extension may be granted by the director, provided the applicant provides the following:
(a) 
A written request and applicable fee. The request should be submitted no later than 60 days prior to expiration of the permit; and
(b) 
The applicant's project engineer submits a signed statement certifying that they have reviewed the current physical conditions of the site and such conditions have not changed to a degree as to require a revision to the design of the site in order to remain consistent with the applicable standards and requirements which were in effect at the time of the original land disturbing activity permit approval and the associated land use approval (if any).
(6) 
Failure to Pick Up Permit. When a land disturbing activity permit is ready to be issued, the applicant shall be notified and must pick up the permit within 60 days of notification. If the permit is not picked up within 60 days of notification, it may be canceled by the director and become null and void. If the permit is canceled, the director shall notify the applicant by mail. Permit review fees are not refundable for a permit that is canceled due to a failure to pick up.
(Ord. 019-17 § 18 (Exh. 1); Ord. 010-18 § 25)

§ 20.140.100 Permit – Final approval.

(1) 
The director shall give final approval to the land disturbing operations once all the work is completed per the permit. The following must be completed, as a minimum, prior to final approval:
(a) 
All land disturbing activity must be complete;
(b) 
The site shall be permanently stabilized, temporary erosion control measures removed, and storm drainage control facilities constructed and operational;
(c) 
The site shall be in a neat and orderly manner, free from junk, trash, debris, equipment, stockpiles and other construction materials;
(d) 
All required reports, certification letters, as-built drawings, and other documents shall be submitted and approved by the city;
(e) 
The site shall be free of hazards; and
(f) 
All disputes regarding property damage caused by the clearing and grading operations shall be resolved to the satisfaction of the director.
(2) 
The director shall not issue final approval for any development proposal or issue a certificate of occupancy or final building inspection for property that has not received final approval for the land disturbing activity operations.
(3) 
Final Reports. Upon completion of the land disturbing activity, the professionals having conducted inspections in their respective areas shall submit, in a form acceptable to the director, final reports certifying that all portions of the project pertaining to their area of expertise have been constructed in accordance with the approved plans and specifications. The reports shall identify problems encountered, field changes, methods or designs utilized to correct deficiencies, and other information deemed necessary by the director.
(a) 
Geotechnical Engineer. For clearing and grading activities, the geotechnical engineer shall submit a final soil grading report prepared by the geotechnical engineer, including locations and elevations of field density tests, summaries of field and laboratory tests, final description of the geology of the site including any new information disclosed during the grading and the effect of same, and other substantiating data and comments on any changes made during grading and their effect on the recommendation made in the approved geotechnical report. The geotechnical engineer shall provide certification as to the adequacy of the site for the intended use as affected by soil and geologic factors.
(b) 
Civil Engineer. For clearing and grading activities, a civil engineer shall submit an as-built grading plan, including original ground surface elevations, as-graded ground surface elevations, lot drainage patterns, and locations and elevations of all surface and subsurface drainage facilities. The civil engineer shall provide certification that the work was done in accordance with the final approved grading plan. Upon completion of the work, a reproducible as-built drawing, stamped by the civil engineer of record, of the storage, conveyance, and discharge elements of the detention system and the newly constructed downstream components of the storm drainage system shall be required. The director may require additional information in respect to any significant deviations from the approved plans, specifications, or reports.
(c) 
Special Inspectors. Special inspectors, if any, shall submit final reports describing original and final conditions, changes, and methods utilized to correct deficiencies or mitigate specific conditions.
(Ord. 019-17 § 18 (Exh. 1))

§ 20.140.110 Standards – Generally.

(1) 
This chapter sets forth minimum standards which shall apply to land disturbing activities as defined in Chapter 20.150 POMC. For circumstances not specifically addressed in this chapter or the stormwater design manual, the provisions of the International Building Code shall apply.
(2) 
All land disturbing activities within the city, regardless of whether a permit is required, shall meet the performance and restoration standards and requirements of this chapter and shall include the use of low impact development best management practices to reduce erosion and protect water and air quality.
(3) 
All land disturbing activities within critical areas and their associated buffers shall conform to the applicable provisions of this chapter. The applicant shall be responsible for obtaining and coordinating all required state or federal permits associated with the filling of wetlands or other regulated activities.
(Ord. 019-17 § 18 (Exh. 1); Ord. 010-18 § 11)

§ 20.140.120 Standards – Timing of work.

All work permitted under this chapter shall proceed continuously to completion in an expeditious manner unless otherwise authorized by the director, with the intent that work may be halted due to weather conditions or the need to coordinate other construction on the project site. Stormwater management permits, issued for grading only, shall be administered in accordance with Chapter 20.150 POMC.
(Ord. 019-17 § 18 (Exh. 1))

§ 20.140.130 Standards – Drainage.

(1) 
All land disturbing activities shall conform to the requirements of this chapter concerning stormwater management.
(2) 
Where required by the director, all discharge of runoff from the project site shall be of like quality, flow rate, and velocity as that which flowed from the project site prior to the work for which the stormwater management permit has been issued.
(3) 
Stormwater flows shall be accepted onto, and shall be discharged from, a project site at the natural or otherwise legally existing locations.
(Ord. 019-17 § 18 (Exh. 1))

§ 20.140.140 Standards – Grading.

(1) 
The maximum surface gradient on any artificially created slope shall be two feet of horizontal run to one foot of vertical fall. This gradient may be increased to that gradient which can be demonstrated through engineering calculations to be stable, if, in the opinion of the director, it has been demonstrated by the applicant through engineering calculations performed by a qualified professional engineer that surface erosion can be controlled to that erosion rate equal to a properly stabilized two to one slope under the same conditions.
(2) 
The applicant shall, at all times, protect adjacent private properties and public rights-of-way or easements from damage occurring during grading operations. The applicant shall restore public improvements damaged by their operations.
(Ord. 019-17 § 18 (Exh. 1); Ord. 017-23 § 1 (Exh. A))

§ 20.140.150 Standards – Erosion control.

(1) 
Minor Developments. All minor developments, as defined in Chapter 20.150 POMC, shall be required to control erosion and sedimentation during construction, to permanently stabilize soil exposed during construction, and to comply with the minor development requirements described in this section.
(2) 
Minor Development Requirements.
(a) 
Construction Access Route. Construction vehicle access shall be, whenever possible, limited to one route. Access points shall be stabilized with quarry spall or crushed rock to minimize the tracking of sediment onto public roads.
(b) 
Stabilization of Denuded Area. All exposed and unworked soils not actively being worked shall be stabilized by suitable application of BMPs. From September 15th through April 30th, soils not actively being worked shall remain unstabilized for no more than 48 hours. From May 1st through September 14th, the owner or contractor shall have the materials readily available to stabilize denuded areas as site and weather conditions dictate. Prior to leaving the site, stormwater runoff shall pass through a sediment pond, sediment trap, or other appropriate BMP.
(c) 
Protection of Adjacent Properties. Adjacent properties shall be protected from sediment deposition by appropriate use of vegetative buffer strips, sediment barriers or filters, dikes or mulching, or by a combination of these measures and other appropriate BMPs.
(d) 
Maintenance. All erosion and sediment control BMPs shall be regularly inspected and maintained to ensure continued performance of their intended function.
(e) 
Other BMPs. Any adverse effects of increased runoff resulting from land disturbing and/or land development activities shall be controlled by appropriate BMPs.
(3) 
Major Developments. Any new development meeting the definition of a major development in Chapter 20.150 POMC shall comply with subsection (4) of this section. For any redevelopment project meeting the definition of a major development, those portions of the site that are being redeveloped shall comply with subsection (4) of this section.
(4) 
Major Development Erosion and Sedimentation Control Minimum Requirements.
(a) 
Erosion and Sedimentation Control Plan Required. Compliance with the erosion and sedimentation control requirements of this section shall be demonstrated through the implementation of an approved erosion and sedimentation control plan.
(b) 
Stabilization and Sediment Trapping. All exposed soils shall be stabilized by suitable application of BMPs, including but not limited to sod or other vegetation, mat covering, mulching, or application of compacted ground base material on areas to be paved. All BMPs shall be selected, designed and maintained in accordance with the manual. From September 15th through April 30th, soils not actively being worked for more than 48 hours shall be protected or stabilized. From May 1st through September 14th, soils not actively being worked for more than seven days shall be protected and stabilized by the owner or contractor.
(c) 
Delineate Clearing and Easement Limits. Clearing limits and/or any easements, setbacks, sensitive/critical areas and their buffers and drainage courses shall be clearly marked in the field, and on the construction plans.
(d) 
Protection of Adjacent Properties. Adjacent properties shall be protected from sediment deposition by appropriate use of vegetative buffer strips, sediment barriers or filters, dikes or mulching, or by a combination of these measures and other appropriate BMPs.
(e) 
Timing and Stabilization of Sediment Trapping Measures. Sediment ponds and traps, perimeter dikes, sediment barriers and other BMPs intended to trap sediment on site shall be constructed as a first step. These BMPs shall be functional before land disturbing activities take place. Earthen structures such as dams, dikes, and diversions shall be stabilized according to the timing indicated in the erosion and sedimentation control requirement in subsection (4)(a) of this section.
(f) 
Cut and Fill Slopes. Cut and fill slopes shall be designed and constructed in a manner that will minimize erosion. In addition, slopes shall be stabilized in accordance with the erosion and sedimentation control requirement in subsection (4)(a) of this section.
(g) 
Controlling Off-Site Erosion. Properties and waterways downstream from development sites shall be protected from erosion due to increases in the velocity of stormwater runoff from the development site.
(h) 
Stabilization of Temporary Conveyance Channels and Outlets. All temporary on-site conveyance channels shall be designed, constructed, and stabilized to prevent erosion from the expected flow velocity from a two-year/24-hour duration storm for the post-development condition. Stabilization adequate to prevent erosion of outlets, adjacent streambanks, and slopes shall be provided at the outlets of all conveyance systems.
(i) 
Inlet Protection. All storm drain inlets made operable during construction shall be protected so that stormwater runoff does not enter the conveyance system without first being filtered or otherwise treated to remove sediment. The requirement for inlet protection may be waived on a site-specific basis when the conveyance system downstream of the inlet discharges to an appropriate sediment containment BMP and the conveyance system can be adequately cleaned following site stabilization.
(j) 
Underground Utility Construction. The construction of underground utility lines shall be subject to the following criteria:
(i) 
For trenches on a downslope of more than five percent, no more than 500 feet of trench shall be opened at one time, unless otherwise approved by the director.
(ii) 
Where consistent with safety and space considerations, excavated material shall be placed on the uphill side of trenches.
(iii) 
Trench dewatering devices shall discharge into a sediment trap or sediment pond.
(k) 
Constructed Access Routes. Wherever construction vehicle access routes intersect paved roads, provisions must be made to minimize the transport of sediment (mud) onto the paved road by use of appropriate BMPs such as a stabilized construction entrance. If sediment is transported onto a road surface, the roads shall be cleaned thoroughly, as a minimum, at the end of each day. Sediment shall be removed from roads by shoveling or sweeping and be transported to a controlled sediment disposal area. Street washing shall be allowed only after sediment is removed in this manner.
(l) 
Dewatering Construction Sites. Dewatering devices shall discharge into a sediment trap or sediment pond.
(m) 
Control of Pollutants Other Than Sediment on Construction Sites. All pollutants other than sediment that occur on site during construction shall be handled and legally disposed of in a manner that does not cause contamination of stormwater.
(n) 
Maintenance. All temporary and permanent erosion and sedimentation control BMPs shall be maintained and repaired as needed to assure continued performance of their intended function. All maintenance and repair shall be conducted in accordance with the manual. The applicant shall be responsible for assuring that any such facilities damaged during floods, storms or other adverse weather conditions are immediately returned to normal operating condition.
(o) 
Removal of Temporary BMPs. All temporary erosion and sedimentation control BMPs shall be removed within 30 days after final site stabilization is achieved or after the temporary BMPs are no longer needed. Trapped sediment shall be removed or stabilized on site. Disturbed soil areas resulting from removal of temporary BMPs shall be permanently stabilized. The removal of temporary erosion and sedimentation control BMPs may not be required for those projects, such as single-family plats, that will be followed by additional construction under a different permit. In these circumstances, the need for removing or retaining the measures will be evaluated on a site-specific basis.
(p) 
Financial Liability. A performance covenant, performance bonding, or other appropriate financial instruments, required by Chapter 20.150 POMC, shall ensure compliance with the approved erosion and sedimentation control plan.
(5) 
Erosion Control Design Storm Event. Facilities designed for the control of erosion and sedimentation shall be designed for the erosion and sedimentation control design storm event, defined as the six-month, 24-hour duration storm.
(Ord. 019-17 § 18 (Exh. 1))

§ 20.140.160 Standards – Hazards.

Whenever the director determines that an existing excavation, embankment, or fill on private property has become a hazard to public safety, endangers property, or adversely affects the safety, use or stability of a public way, critical drainage area, or drainage channel, such conditions shall become a violation of Chapter 20.150 POMC.
(Ord. 019-17 § 18 (Exh. 1))

§ 20.140.170 Maintenance.

It shall be the responsibility of the applicant to maintain all erosion control and drainage facilities in good operating condition at all times, as required in this chapter and Chapter 20.150 POMC.
(Ord. 019-17 § 18 (Exh. 1))

§ 20.140.180 Permit suspension/revocation.

The director may suspend work or revoke a land disturbing activity permit, as appropriate, whenever:
(1) 
The work is not authorized by a valid permit;
(2) 
The applicant requests such revocation or suspension;
(3) 
The work does not proceed in accordance with the plans, as approved, or is not in compliance with the requirements of this chapter or other applicable city ordinances;
(4) 
Entry upon the property for the purposes of investigation or inspection has been denied;
(5) 
The applicant has made a misrepresentation of a material fact in applying for such permit;
(6) 
The progress of the work indicates that the plan is or will be inadequate to protect the public, the adjoining property, the street, critical areas, the drainage system, or other utilities, or the work endangers or will endanger the public, the adjoining property, the street, protected areas, the drainage system or other utilities;
(7) 
The required project security has expired or been expended to the point that it no longer provides assurance of completion of the project in compliance with the terms of the permit; or
(8) 
The permit has not been acted upon or extended within the time allowed pursuant to this chapter.
(Ord. 019-17 § 18 (Exh. 1); Ord. 024-19 § 1 (Exh. 1))
§ 20.127.010 Purpose.
This chapter implements the Port Orchard comprehensive plan. Overall, the purpose of this chapter is to:
(1) 
Provide clear objectives for those embarking on the planning and design of development projects in Port Orchard.
(2) 
Preserve and protect the public health, safety, and welfare of the citizens of Port Orchard.
(3) 
Ensure that new commercial and multi-household development is of high quality and beneficially contributes to Port Orchard's character.
(4) 
Upgrade the visual appearance of Port Orchard's principal vehicular corridors.
(5) 
Ensure that new developments within existing neighborhoods are compatible with, and enhance the character of, Port Orchard's neighborhoods.
(6) 
Promote an increase in walking and bicycling throughout the city.
(7) 
Enhance the livability of Port Orchard's residential developments.
(8) 
Maintain and enhance property values within Port Orchard.
(Ord. 008-18 § 2 (Exh. 1); Ord. 008-25 § 16 (Exh. O))
§ 20.127.020 Applicability and compliance.
(1) 
Applicability. The provisions of this chapter apply to all development within Port Orchard, except:
(a) 
Detached houses and middle housing as defined in Chapters 20.12 and 20.32 POMC shall not be required to comply with this chapter. Design standards for detached houses and middle housing are found in their respective building types in Chapters 20.32 and 20.139 POMC. Subdivision design standards are found in Chapter 20.100 POMC.
(b) 
Properties within the designated Old Clifton Industrial Park. See the figure below for a map clarifying the location of properties which are exempt.
Figure 20.127.020(1)
Old Clifton Industrial Park
20.127.020_1.tif
(c) 
Open-air structures such as pavilions, stages and gazebos for ornamental, performance or recreational use.
(d) 
The director may waive these provisions in other employment – industrial/office zoned properties where they are screened from view from the public right-of-way and adjacent nonemployment – industrial/office properties by a minimum 20-foot-wide landscaped buffer meeting the requirements of Chapter 20.128 POMC – full screening or by preservation of comparable existing landscaping on the site.
(2) 
Relationship to Other Codes and Documents. Where provisions of this chapter conflict with provisions in any other section of the Port Orchard design standards, this chapter prevails unless otherwise noted herein.
(3) 
For building additions, remodels, and site improvements, three different thresholds have been established to gauge how the design standards in this chapter are applied to such projects. See Figure 20.127.020(3) below for examples of site development and the respective types of improvements required under each of the three levels of improvements.
(a) 
Level I improvements include all exterior remodels, building additions, and/or site improvements that affect the exterior appearance of the building/site or cumulatively increase the gross floor area by up to 20 percent of the gross square footage that existed three years prior to the date of permit issuance. The requirement for such improvements is only that the proposed improvements meet the standards and do not lead to further nonconformance with the standards.
For example, if a property owner decides to replace a building facade's siding, then the siding must meet the applicable exterior building material standards, but elements such as building articulation (see POMC § 20.127.430) would not be required.
(b) 
Level II improvements include all improvements that cumulatively increase the gross floor area by 20 percent or more, but not greater than 75 percent, of the gross square footage that existed three years prior to the date of permit issuance. All standards that do not relate to repositioning the building or reconfiguring site development apply to Level II improvements. For example, if a property owner of an existing home in the BP zone wants to convert the home to an office and build an addition equaling 45 percent of the current building's area, then the following elements would apply:
(i) 
The location and design of the addition/remodel must be consistent with the block frontage standards (see Article II of this chapter), to the extent possible given the location of the existing building. For such developments seeking additions to buildings where an off-street parking location currently does not comply with applicable parking location standards, building additions are allowed provided they do not increase any current nonconformity and generally bring the project closer into conformance with the standards. See Figure 20.127.020(3) for an example of this.
(ii) 
Comply with applicable site planning and design elements (see Article III of this chapter).
(iii) 
Comply with all building design provisions of Article IV of this chapter, except architectural scale and materials provisions related to the existing portion of the building where no exterior changes are proposed. The entire building must comply with building elements/details, materials, and blank wall treatment standards of POMC § 20.127.440 through § 20.127.460.
(iv) 
The proposed improvements shall comply with the off-street parking, landscaping, and signage provisions of Chapters 20.124, 20.128, and 20.132 POMC.
(c) 
Level III improvements include all improvements that cumulatively increase the gross floor area by more than 75 percent of the gross square footage that existed three years prior to the date of permit issuance. Such developments must conform to all applicable standards.
Figure 20.127.020(3)
Examples of Improvement Types and Required Compliance
20.127.020_3.tif
(4) 
Review for Compliance. Proposals for development, including design standard departure requests, shall be reviewed for consistency with the design standards as found in this chapter in conjunction with every underlying permit application(s) (i.e., building permit, stormwater drainage permit, conditional use permit, binding site plan, etc.) at each stage of the development. The city recognizes that every project is unique and that permits are not always submitted in a single package simultaneously. For instance, a project may require a conditional use permit, building permit, land disturbing activity permit, and stormwater drainage permit. It is common that a building permit application be submitted after site development activities have begun. It is also common to develop building pads for future construction as part of an approved development.
(Ord. 008-18 § 2 (Exh. 1); Ord. 011-19 § 6 (Exh. 3); Ord. 056-19 § 22; Ord. 008-25 § 16 (Exh. O))
§ 20.127.030 Optional design review board project recommendation.
Applicants for development subject to the design standards contained in this chapter may optionally request that the city's design review board provide project review and a recommendation on the application.
When requested by the applicant, the design review board shall review permit applications for consistency with this chapter and make a recommendation to the director or hearing examiner, as appropriate to the permit type, who shall give substantial weight to the recommendation of the design review board as long as that recommendation does not conflict with the provisions of this chapter and is consistent with its purposes. Requests for optional design review board project recommendations shall be made at the time of permit application submittal.
(Ord. 008-18 § 2 (Exh. 1); Ord. 008-25 § 16 (Exh. O))
§ 20.127.040 Supplemental submittal requirements.
A preapplication meeting is strongly recommended to determine which of the below listed supplemental application materials are needed for a specific development in order to determine compliance with the design standards. Applications subject to review under this chapter may be deemed incomplete if they are missing any of the following materials, as needed to determine compliance with the design standards:
(1) 
Block Frontage Standards.
(a) 
Identification of the block frontage type(s) applicable to the development.
(b) 
A site plan and/or other plans illustrating proposed improvements and how the block frontage standards are being met, including (where applicable):
(i) 
Building envelope location and setbacks/dimensions.
(ii) 
Site elevation/topography at minimum two-foot intervals.
(iii) 
Parking location and vehicular access design.
(iv) 
Percentage of street frontage that is occupied by parking areas and garage entries.
(v) 
Weather protection elements and dimensions/percentages.
(vi) 
Facade transparency elements and dimensions/percentages.
(vii) 
Storefront interior dimensions, including floor to ceiling height and storefront depth.
(viii) 
Landscaping elements (common or scientific name and size) and design (layout and location).
(ix) 
Right-of-way improvements and dimensions (including planting strip and sidewalk).
(x) 
Undeveloped areas, including critical areas and associated buffers).
(2) 
Site Planning Standards. A site plan and/or other plans illustrating proposed improvements and how the site planning standards are being met, including (where applicable):
(a) 
Building envelope location and setbacks/dimensions.
(b) 
Site elevation/topography at minimum two-foot intervals.
(c) 
Building elevations of all facades, including the location of doors, windows, and balconies.
(d) 
The location and height of adjacent structures within 25 feet of the property proposed for development.
(e) 
Nonmotorized circulation elements, including materials, dimensions, and necessary details.
(f) 
Parking location and vehicular access design, including materials, curb edge, lane configurations, dimensions, and other relevant details to support compliance.
(g) 
Existing and proposed pedestrian-oriented space, usable residential open space, and other recreational features, including design elements, materials, and necessary details.
(h) 
Location, design, and configuration of service areas and mechanical equipment.
(i) 
Landscaping elements (common or scientific name and size) and design (layout and location).
(j) 
Right-of-way improvements and dimensions (including planting strip and sidewalk).
(3) 
Building Design Standards. Graphics illustrating proposed improvements and how the building design standards are being met, including (where applicable):
(a) 
Building elevations showing:
(i) 
Exterior materials.
(ii) 
Doors and windows and associated design details.
(iii) 
Roofline design and dimensions.
(iv) 
Details on proposed exterior materials and finish.
(v) 
Blank wall treatment details.
(b) 
Building plan view drawings showing:
(i) 
Facade articulation and dimensions.
(ii) 
Entry locations and design.
(c) 
Three dimensional graphics emphasizing:
(i) 
Building massing and articulation.
(ii) 
How the development (proposed improvements) fit within the surrounding context. The graphic must illustrate the general massing of buildings within 50 feet of the site.
(4) 
Departures. If any departures are requested, such elements must be clearly identified in the above materials. Documentation to support how such proposed departures meet the applicable approval criteria must be included.
(Ord. 008-18 § 2 (Exh. 1); Ord. 008-25 § 16 (Exh. O))
§ 20.127.050 Pre-submittal design review.
(1) 
It is the city's intent to offer a pre-submittal design review process to allow applicants to vet their building and site designs prior to completing full architectural and engineering construction plans required for technical plan review and permit application submittal. Applicants seeking pre-submittal design review may request that a preliminary review of conceptual site and/or building plans be conducted by the director to evaluate consistency with the design standards found in this chapter.
(2) 
Anyone seeking pre-submittal design review shall:
(a) 
Complete an application form.
(b) 
Pay the appropriate fee as set by resolution.
(c) 
Submit conceptual plans along with the materials listed in POMC § 20.127.040 to the department of community development.
(3) 
The director shall review the request for pre-submittal design review and provide a pre-submittal design review letter and/or marked up plans describing which portions of the conceptual design meet and do not meet the design standards.
(4) 
Any letter and/or marked up plans generated in a pre-submittal design review shall not be considered a final decision and are only intended to assist an applicant in the preparation of complete application materials.
(Ord. 008-18 § 2 (Exh. 1); Ord. 008-25 § 16 (Exh. O))
§ 20.127.060 Departures.
(1) 
Overview and Purpose. This chapter provides for a number of specific departure opportunities to development standards. For brevity in tables, departure opportunities are noted with the ➲ symbol. The purpose of this section is to provide applicants with the option of proposing alternative design treatments, provided such departures meet the "purpose" of the particular standard and any additional departure criteria set forth for the particular departure opportunity.
(2) 
Departures Are Voluntary. This provision allows the flexibility for applicants to propose alternative designs on a voluntary basis as provided herein.
(3) 
Variances Versus Departures. Variances, as set forth in Chapter 20.28 POMC, require conditions in place on the property, not created by the property owner, that create practical difficulties or unnecessary hardships in complying with the applicable development regulations. Such conditions are not necessary in order to qualify for departures, which can be proposed as an alternative to complying with specific design standards in this chapter provided they comply with approval criteria listed in subsection (6) of this section.
(4) 
Applicability. Departure opportunities are available only to those specific standards that allow for departures.
(5) 
Review Procedures. Departure requests are to be reviewed in conjunction with the underlying development permit and processed as set forth in POMC § 20.127.020(1) and Chapters 20.22, 20.24 and 20.25 POMC.
(6) 
Approval Criteria. Project applicants must successfully demonstrate to the reviewing authority (the director or hearing examiner, as appropriate to the permit type) how the proposed departure meets the purpose(s) of the standard and other applicable departure criteria that apply to the specific standard.
(7) 
Documentation. For each departure approved, the reviewing authority must make findings that document the manner in which the departure satisfies the approval criteria in subsection (6) of this section. The findings are to be maintained with project application records for the purpose of providing consistency in decision-making by the city.
(Ord. 008-18 § 2 (Exh. 1); Ord. 008-25 § 16 (Exh. O))
§ 20.127.100 Purpose.
(1) 
To provide standards to implement the comprehensive plan and applicable adopted sub-area plans.
(2) 
To design sites and orient buildings with an emphasis on compatible development and creating a comfortable walking environment.
(3) 
To provide standards that recognize the need for a system of streets and block frontages.
(Ord. 008-18 § 2 (Exh. 1); Ord. 008-25 § 16 (Exh. O))
§ 20.127.110 Applicability and compliance.
The provisions of this article apply to all development within Port Orchard, except detached single-family and two-family (duplex) dwellings in any configuration. (Single-family and duplex design standards are found in Chapter 20.139 POMC.) Also:
(1) 
Applicability.
(a) 
See POMC § 20.127.020(1) for clarification on the types of development to which these standards apply.
(b) 
See POMC § 20.127.020(2) for the relationship between the provisions in this article and other documents and codes.
(c) 
See POMC § 20.127.020(3) for the application of building additions and remodels and site improvements.
(2) 
The default block frontage for new streets in commercial and mixed use zones is other (POMC § 20.127.210) unless a designation is already provided. The default block frontage for undesignated streets within annexed land is varied (POMC § 20.127.170).
(3) 
The block frontage designations apply to development on both sides of the street except where otherwise specified on the maps. For example, on a street with two designations, the designation on the east side of the street applies to properties on the east side of the street.
(Ord. 008-18 § 2 (Exh. 1); Ord. 008-25 § 16 (Exh. O))
§ 20.127.120 How to use this chapter.
(1) 
About the Maps. The maps together with the block frontage standards in POMC § 20.127.150 through § 20.127.250 guide the look and feel of development in commercial and multi-household areas throughout Port Orchard when viewed from the street. The provisions herein recognize that there is a hierarchy of different streets and block frontage types ranging from the pedestrian-oriented storefronts to arterial streets/frontages that warrant greater flexibility in the design of frontages.
The block frontage standards address site planning and building design elements including:
(a) 
Building location and orientation.
(b) 
Parking lot location.
(c) 
Window transparency.
(d) 
Weather protection.
(e) 
Landscaping.
The community design framework maps also identify high visibility street corner sites that warrant special design treatment. Refer to POMC § 20.127.250 for high visibility street corner requirements.
(2) 
Block frontage standards for individual properties depend on the type of street properties front onto. Thus, consider the following steps in using this article:
(a) 
Go to the maps in POMC § 20.127.130 to find the property and the block frontage type designation for the street or streets fronting the property. For properties in residential zones, the standards for landscaped block frontages apply (POMC § 20.127.160). For properties that front onto multiple streets, see POMC § 20.127.240.
(b) 
Table 20.127.120(2) summarizes standards for each of the designated block frontage types. Go to the appropriate section in this article for the detailed and applicable block frontage standards for applicable block frontage type designation.
Table 20.127.120(2)
Summary of Block Frontage Types
Design Cross Section Example
Parking Location
Other Key Provisions
   Storefront
20.127.120_1.tif
• Surface parking lots shall be located to the rear, below, or above storefronts. Parking on the side and front of buildings is prohibited
• Special facade transparency and weather protection provisions
• Minimum commercial space depth
• No ground floor residential uses except lobbies for upper level units
   Landscape
20.127.120_2.tif
• Parking is preferred to the rear of the building, but is allowed on the side. For multi-building developments, no more than 50 percent of the street frontage may be occupied by parking and drive aisles. Parking in front is prohibited
• Landscaping to soften facades, screen blank wall surfaces, and screen parking
• Provide minimum facade transparency for nonresidential uses (variable depending on building setback)
• Minimum facade transparency for residential buildings
 Varied
Storefront or Landscape
   Marine
Storefront or Landscape
• Parking is preferred to the side, above, or below buildings. No more than 50 percent of the street frontage may occupied by parking and drive aisles. However, the city recognizes the challenges of developing waterfront properties as well as the limitations created in the shoreline master program. Therefore, departures to allow parking to be located at the front of buildings (between the building and the street) may be approved provided design features successfully mitigate the visual impacts of the parking area on the streetscape
   Gateway
20.127.120_3.tif
• No parking lot location standards, except a 10-foot buffer of landscaping between the street and off-street parking areas
• For multi-building developments, surface and structured parking areas (ground floor) are limited to no more than 60 percent of the street frontage
• Minimum building setback is 25 feet
• At least one building entrance must be visible and accessible from the street
   Other
Storefront or Landscape
• No parking lot location standards, except a 10-foot buffer of landscaping between the street and off-street parking areas
• Special facade transparency and weather protection provisions
• At least one building entrance must be visible and accessible from the street
(3) 
Changes to the block frontage designation for new and existing streets may be made through the following procedures:
(a) 
Text amendment per Chapter 20.06 POMC, Code Amendments.
(b) 
Community design framework master plan per POMC § 20.127.260.
(Ord. 008-18 § 2 (Exh. 1); Ord. 008-25 § 16 (Exh. O))
§ 20.127.130 Community design framework maps.
(1) 
Figure 20.127.130 below is an overview map of the applicable planning areas within Port Orchard. Examine the map to determine which map or figure relates to individual properties.
(2) 
Figures 20.127.130(1) through (16) include community design framework maps for applicable mixed use and nonresidential zones throughout Port Orchard.
Figure 20.127.130
Port Orchard Community Design Framework Maps Index
20.127.130.tif
Figure 20.127.130(1)
Map #1 – Downtown West
20.127.130_1.tif
Figure 20.127.130(2)
Map #2 – Downtown East
20.127.130_2.tif
Figure 20.127.130(3)
Map #3 – County Campus
20.127.130_3.tif
Figure 20.127.130(4)
Map #4 – Lower Mile Hill
20.127.130_4.tif
Figure 20.127.130(5)
Map #5 – Upper Mile Hill
20.127.130_5.tif
Figure 20.127.130(6)
Map #6 – Bethel North
20.127.130_6.tif
Figure 20.127.130(7)
Map #7 – Lund Bethel
20.127.130_7.tif
Figure 20.127.130(8)
Map #8 – Bethel South
20.127.130_8.tif
Figure 20.127.130(9)
Map #9 – Sedgwick Bethel SR16
20.127.130_9.tif
Figure 20.127.130(10)
Map #10 – Bethel Cedar
20.127.130_10.tif
Figure 20.127.130(11)
Map #11 – Bethel Lider
20.127.130_11.tif
Figure 20.127.130(12)
Map #12 – Tremont
20.127.130_12.tif
Figure 20.127.130(13)
Map #13 – Cedar Heights
20.127.130_13.tif
Figure 20.127.130(14)
Map #14 – Sidney Glen
20.127.130_14.tif
Figure 20.127.130(15)
Map #15 – Sidney Sedgwick
20.127.130_15.tif
Figure 20.127.130(16)
Map #16 – McCormick Woods
20.127.130_16.tif
(Ord. 008-18 § 2 (Exh. 1); Ord. 028-20 § 7; Ord. 030-21 § 13 (Exh. 5); Ord. 008-25 § 16 (Exh. O))
§ 20.127.140 About the transparency standards.
All block frontage designations contain distinct minimum facade transparency standards. The purpose of these standards are to maintain "eyes on the street" for safety and create a welcoming pedestrian environment. Table 20.127.140 below includes details in how they are measured.
Table 20.127.140
Clarification of Transparency Standards
Transparency Zones
Storefront
20.127.140_1.tif
Ground floor nonresidential and nonstorefront
20.127.140_2.tif
Residential buildings and residential portions of mixed use buildings
20.127.140_3.tif
The transparency zone is on the ground floor between 30 inches and 10 feet above sidewalk grade
The transparency zone is between 30 inches and 8 feet above grade
All vertical surfaces of the facade are used in the calculations
Other Transparency Provisions
Windows must be transparent
Ground level window area for storefronts and other nonresidential uses that is covered, frosted, or perforated in any manner that obscures visibility into the building must not count as transparent window area.
Exception: Window signs conforming with POMC § 20.132.280 may be counted as transparent window area provided the areas generally around the sign are transparent.
20.127.140_4.tif
20.127.140_5.tif
Display windows
Display window may be used for up to 50 percent of nonresidential transparency requirements provided they are at least 30 inches deep and allow changeable displays. Tack-on display cases as in the far right example don't qualify as transparent window area.
20.127.140_6.tif
Integrated display windows
20.127.140_7.tif
Tack-on display cases
Structured parking facilities
Where structured parking facilities occupy a portion of the facade, any openings simulating windows may be used to help comply with transparency requirements.
20.127.140_8.tif
Parking garage with windows
20.127.140_9.tif
Parking garage without windows
(Ord. 008-18 § 2 (Exh. 1); Ord. 008-25 § 16 (Exh. O))
§ 20.127.150 Storefront block frontage standards.
(1) 
Description/Purpose. Storefront block frontages are the most vibrant and active shopping and dining areas within the city and serve the purpose of attracting pedestrians to enliven the streetscape. Blocks designated as storefront blocks include continuous storefronts placed along the sidewalk edge with small scale shops and/or frequent business entries.
Figure 20.127.150(1)
20.127.150_1.tif
(2) 
Standards. All development as set forth in POMC § 20.127.130 on sites containing a storefront block frontage designation must comply with the following standards (on applicable block frontages):
Table 20.127.150(2)
Storefront Block Frontage Standards
Element
Standards
Examples and Notes
Ground floor
Land use
Nonresidential uses, except for lobbies associated with residential or hotel/motel uses on upper floors.
Floor to ceiling height
Refer to building type (applies to new buildings only).
Retail space depth
20 feet minimum (applies to new buildings only). ⇐
Building placement
Required at front property line/back edge of sidewalk. Additional setbacks are allowed for widened sidewalks, pedestrian-oriented space (POMC § 20.127.350(4)), or where additional future right-of-way acquisition is planned by the city.
20.127.150_2a.tif
Building entrances
Must face the street. For corner buildings, entrances may face the street corner.
Facade transparency
60 percent minimum. ⇐
Also see POMC § 20.127.140 for additional clarification on transparency standards.
Weather protection
Weather protection with 8 to 15 feet vertical clearance at least 6 feet in minimum depth along at least 80 percent of facade. ⇐
Retractable awnings may be used to meet these requirements.
Weather protection must not obstruct utility poles or street trees.
Weather protection shall comply with WSDOT standards for setback from the face of the curb and may have the effect of reducing the minimum weather protection depth.
For downtown properties on Bay Street and adjacent to the city-owned marquee, new development may utilize the existing marquee (subject to approval by the public works director) or new independent weather protection to meet this provision.
Parking location
Also see Chapter 20.124 POMC for related parking requirements
New surface or ground level parking areas must be placed to the side or rear of structures and are limited to 60 feet of street frontage. ⇐
Provide a 6-foot minimum buffer of landscaping between the street and off-street parking areas meeting the standards of Chapter 20.128 POMC. ⇐
20.127.150_2b.tif
Sidewalk width
12 feet minimum between curb edge and storefront, including a minimum walking surface width of 8 feet and a clear/buffer zone with street trees. ⇐
20.127.150_2c.tif
(3) 
Departure Criteria. Departures from the above standards that feature the ⇐ symbol will be considered by the reviewing authority (the director or hearing examiner, as appropriate), provided the alternative proposal meets the purpose of the standards, plus the following criteria:
(a) 
Retail Space Depth. Reduced depths will be considered where the applicant can successfully demonstrate the proposed alternative design and configuration of the space is viable for a variety of permitted retail uses;
(b) 
Facade Transparency. The proposed alternative design treatment of facade area between ground level windows provides visual interest to the pedestrian and mitigates impacts of any blank wall areas. No less than 40 percent of the facade between 30 inches and 10 feet above the sidewalk may be approved with a departure;
(c) 
Weather Protection. Other proposed alternative design treatments must provide equivalent weather protection benefits;
(d) 
Parking Location. There must be an acceptable tradeoff in terms of the amount and quality of storefront area that is integrated with the development and the applicable parking location departure. Plus, the alternative must include design features to successfully mitigate the visual impact of additional parking areas along designated storefront streets; and
(e) 
Sidewalk Width. Alternative designs may be considered where topographical challenges exist. Alternative designs must be able to accommodate safe and comfortable pedestrian traffic anticipated for full block development.
(Ord. 008-18 § 2 (Exh. 1); Ord. 033-20 § 11; Ord. 008-25 § 16 (Exh. O))
§ 20.127.160 Landscaped block frontage standards.
(1) 
Description/Purpose. The landscaped block frontage designation emphasizes landscaped frontages and clear pedestrian connections between buildings and the sidewalk and serves the purpose of including attractive vegetation within the streetscape. This designation applies to all streets designated landscaped in POMC § 20.127.130, Community design framework maps, and all development in residential zones.
Figure 20.127.160(1)
Landscaped Block Frontage Vision and Key Standards
20.127.160_1.tif
(2) 
Standards. All development as set forth in POMC § 20.127.130 on sites containing a landscaped block frontage designation must comply with the following standards (on applicable block frontages):
Table 20.127.160(2)
Landscaped Block Frontage Standards
Element
Standards
Examples and Notes
Building placement
10-foot minimum front setback, except where greater setbacks are specified in the district in Chapter 20.122 POMC or where future right-of-way need and/or acquisitions have been identified in city plans. ➲
See POMC § 20.127.230 for special design provisions associated with ground level residential uses adjacent to a sidewalk.
Building entrances
Building entrances must be visible and directly accessible from the street. ➲
For uses that front on multiple mixed designated block frontages, an entry along both streets is encouraged, but not required.
Facade transparency
25 percent minimum for buildings design with ground level nonresidential uses. ➲
20 percent minimum for residential uses. ➲
Windows must be provided on all habitable floors of the facade.
Also see POMC § 20.127.140 for additional clarification on transparency standards.
20.127.160_2a.tif
Facade transparency example.
Weather protection
Provide weather protection at least three feet deep over primary business and residential entries.
20.127.160_2b.tif
Parking location
Also see Chapter 20.124 POMC for related parking requirements.
Parking must be placed to the side, rear, below or above uses. For multi-building developments, surface and structured parking areas (ground floor) are limited to no more than 50 percent of the street frontage.
Private or shared garage entries must occupy no more than 50 percent of facade width.
Provide a 10-foot minimum buffer of landscaping between the street and off-street parking areas meeting the standards of Chapter 20.128 POMC. ➲
20.127.160_2c.tif
Landscaping
Also see Chapter 20.128 POMC for related landscaping standards.
The area between the street and building must be landscaped, private porch or patio space, and/or pedestrian-oriented space.
For setbacks adjacent to buildings with windows, provide low level landscaping that maintains views between the building and the street.
Also provide plant materials that screen any blank walls and add visual interest at both the pedestrian scale and motorist scale. For extended wall areas, provide for a diversity of plant materials and textures to maintain visual interest from a pedestrian scale.
20.127.160_2d.tif
Example of low level landscaping that screens foundation walls, provides visual interest, and maintains views from dwelling units to the street.
Sidewalk width
Six-foot minimum sidewalks are required.
Wider sidewalks may be required where designated in other code sections or in the public works standards.
(3) 
Departure Criteria. Departures from the above standards that feature the ➲ symbol will be considered by the reviewing authority (the director or hearing examiner, as appropriate), provided the alternative proposal meets the purpose of the standards, plus the following criteria:
(a) 
Building Entrances. Block frontages with steep slopes and/or those facing busy arterial streets and very limited pedestrian traffic may warrant some flexibility to this standard (particularly in residential districts).
(b) 
Facade Transparency. The proposed alternative design treatment of facade area between ground level windows provides visual interest to the pedestrian and mitigates impacts of any blank wall areas. No less than 40 percent of the facade between 30 inches and 10 feet above the sidewalk may be approved with a departure.
(c) 
Parking Location. There must be an acceptable tradeoff in terms of the amount and quality of landscaped area that is integrated with the development and the applicable parking location departure. Plus, the alternative must include design features to successfully mitigate the visual impact of additional parking areas along designated landscaped streets.
(Ord. 008-18 § 2 (Exh. 1); Ord. 056-19 § 24; Ord. 050-22 § 11; Ord. 008-25 § 16 (Exh. O))
§ 20.127.170 Varied block frontage standards.
(1) 
Description/Purpose. The varied block frontage designation serves areas that accommodate a mixture of ground floor uses and allows a diversity of development frontages for the purpose of contributing to the visual character of the street and enhancing the pedestrian environment.
Figure 20.127.170(1)
Varied Block Frontage Options and Standards
20.127.170_1.tif
(2) 
Standards. All development as set forth in POMC § 20.127.130 on sites containing a varied block frontage have the option to comply with either the storefront or landscaped block frontage provisions as set forth above, with the following modifications (on applicable block frontages):
Table 20.127.170(2)
Varied Block Frontage Standards
Element
Standards
Examples and Notes
Building placement
Buildings may be placed up to the sidewalk edge provided they meet storefront standards set forth above.
10-foot minimum front setback for other buildings, except where greater setbacks are specified in the district per Chapter 20.122 POMC. ➲
Additional setbacks may be required where future right-of-way need and/or acquisitions have been identified in city plans.
See POMC § 20.127.230 for special design provisions associated with ground level residential uses adjacent to a sidewalk.
Facade transparency
Any storefront buildings on these block frontages must meet the storefront block frontage transparency standards above. ➲
40 percent minimum for buildings designed with nonresidential uses on the ground floor within 10 feet of sidewalk. ➲
25 percent minimum for buildings designed with nonresidential uses on the ground floor. ➲
20 percent minimum for residential buildings. ➲
Windows must be provided on all habitable floors of the facade.
Also see POMC § 20.127.140 for additional clarification on transparency standards.
20.127.170_2a.tif
Facade transparency example – nonresidential use.
20.127.170_2b.tif
Facade transparency example – residential use.
(3) 
Departure Criteria. Departures from the above standards that feature the ➲ symbol will be considered by the reviewing authority (the director or hearing examiner, as appropriate), provided the alternative proposal meets the purpose of the standards, plus the following criteria:
(a) 
Minimum Setback. For residential uses, provide design treatments that create an effective transition between the public and private realm. This could include a stoop design or other similar treatments that utilize a low fence, retaining wall, and/or hedge along the sidewalk.
Figure 20.127.170(3)
Stoop Examples
20.127.170_3.tif
(Ord. 008-18 § 2 (Exh. 1); Ord. 056-19 § 24; Ord. 008-25 § 16 (Exh. O))
§ 20.127.180 Marine block frontage standards.
(1) 
Description/Purpose. The marine block frontage designation serves areas that accommodate a mixture of ground floor uses and allows a diversity of development frontages for the purpose of contributing to the visual character of the street and enhancing the pedestrian environment.
(2) 
Standards. All development as set forth in POMC § 20.127.130 on sites containing a marine block frontage have the option to comply with either the storefront or landscaped block frontage provisions as set forth above, with the following modifications (on applicable block frontages). Additionally, all development within the 200-foot shoreline zone must comply with the requirements of the city's shoreline master program, including but not limited to requirements for location (including setbacks from the shoreline), allowable uses within the applicable shoreline environment designation, view protection and public access.
Table 20.127.180(2)
Marine Block Frontage Standards
Element
Standards
Examples and Notes
Building placement
Buildings may be placed up to the sidewalk edge provided they meet storefront standards set forth above.
10-foot minimum front setback for other buildings, except where greater setbacks are specified in the district per Chapter 20.122 POMC. ➲
Additional setbacks may be required where future right-of-way need and/or acquisitions have been identified in city plans.
See POMC § 20.127.230 for special design provisions associated with ground level residential uses adjacent to a sidewalk.
Facade transparency
Any storefront buildings on these block frontages must meet the storefront block frontage transparency standards above. ➲
40 percent minimum for buildings designed with nonresidential uses on the ground floor within 10 feet of sidewalk. ➲
25 percent minimum for buildings designed with nonresidential uses on the ground floor within 20 feet of the sidewalk. ➲
20 percent minimum for residential buildings. ➲
Windows must be provided on all habitable floors of the facade.
Also see POMC § 20.127.140 for additional clarification on transparency standards.
20.170.180_2a.tif
Facade transparency example – nonresidential use.
20.170.180_2b.tif
Facade transparency example – residential use.
Parking location
Parking must be placed to the side, below, or above uses. No more than 50 percent of the street frontage may be occupied by parking and drive aisles. ➲
Parking in the front requires a departure (see subsection (3)(c) of this section). Parking to the rear may only be approved in conjunction with a variance and/or shoreline variance. The construction of any parking within a shoreline area must be consistent with the requirements of the city's shoreline master program.
No more than 50 percent of the street frontage may be occupied by parking and drive aisles. A 10-foot minimum buffer of landscaping must be provided between the street and off-street parking areas, which meets the landscaping requirements of Chapter 20.128 POMC. New parking structures must feature landscaped setbacks at least 10 feet in width.
20.170.180_2c.tif
(3) 
Departure Criteria.
(a) 
Minimum Setback. For residential uses, provide design treatments that create an effective transition between the public and private realm. This could include a stoop design or other similar treatments that utilize a low fence, retaining wall, and/or hedge along the sidewalk.
(b) 
Facade Transparency. The proposed alternative design treatment of a facade area between ground level windows shall provide visual interest to the pedestrian and mitigate impacts of any blank wall areas. Up to a 40 percent reduction in the minimum amount of facade transparency may be approved via departure.
(c) 
Parking Location. Parking may be located in front of a building (between a building and an adjacent street) if other parking locations are demonstrated to be infeasible due to topography, property shape or size, or other contextual circumstances. When a departure is requested to allow parking in front of a building, the parking must provide an acceptable tradeoff in terms of the amount and quality of landscaped area that is integrated with the development and must include design features to successfully mitigate the visual impact of additional parking areas along the street.
(Ord. 008-18 § 2 (Exh. 1); Ord. 056-19 § 24; Ord. 008-25 § 16 (Exh. O))
§ 20.127.190 Gateway block frontage standards.
(1) 
Description/Purpose. The gateway block frontage designation serves strategic areas fronted by highways or other high visibility arterials that feature heavy vehicular traffic. These standards serve the purpose of providing attractive landscaped frontages, limiting the extent of visible surface parking, and accommodating the needs of pedestrians.
Figure 20.127.190(1)
Gateway Block Frontage Vision
20.170.190_1.tif
(2) 
Standards. All development as set forth in POMC § 20.127.130 on sites containing the gateway block frontage designation must comply with the landscaped block frontage provisions as set forth above, with the following modifications:
Table 20.127.190(2)
Gateway Frontage Standards
Element
Standards
Examples and Notes
Building placement
The minimum setback for buildings is 25 feet. ➲
Building entrances
At least one (publicly accessible for commercial buildings) building entrance must be visible and directly accessible from the street. ➲
Parking location
Parking must be placed to the side, rear, below or above uses. ➲
For multi-building developments, surface parking and the ground floor of structured parking areas are limited to no more than 60 percent of the street frontage. ➲
A 25-foot buffer of landscaping between the street and off-street parking areas meeting the performance standards of Chapter 20.128 POMC. ➲
20.170.190_2.tif
(3) 
Departure Criteria. See the departure criteria for landscaped frontages, POMC § 20.127.160(3).
(Ord. 008-18 § 2 (Exh. 1); Ord. 008-25 § 16 (Exh. O))
§ 20.127.200 Internal roadway storefront frontage standards.
(1) 
Description/Purpose. The internal roadway storefront block frontage designation is intended to apply to some existing commercial storefront areas that are located on internal roadways or parking lots. The purpose of this designation is to reinforce and enhance the storefront environment if and when changes occur over time.
Figure 20.127.200(1)
Internal Roadway Storefront Frontage Vision
20.170.200_1.tif
(2) 
Standards. Development as set forth in POMC § 20.127.130 on sites containing the internal roadway storefront block frontage designation must comply with the storefront block frontage standards as set forth above, with only the following modifications:
Table 20.127.200(2)
Internal Roadway Storefront Block Frontage Standards
Element
Standards
Facade transparency
At least 50 percent of ground floor between 30 inches and 10 feet above the sidewalk. ➲
Landscaping
Trees must be integrated along the sidewalk every 50 feet of lineal frontage on average. Trees may be in tree grates or in planting strips.
Sidewalk width
12 feet minimum between curb edge and storefront, including a minimum walking surface width of 8 feet and a clear/buffer zone with street trees. ➲
(3) 
Departure Criteria. See the departure criteria for storefront frontages, POMC § 20.127.150(3).
(Ord. 008-18 § 2 (Exh. 1); Ord. 008-25 § 16 (Exh. O))
§ 20.127.210 Other block frontage standards.
(1) 
Description/Purpose. All other block frontages in districts that are not designated in the design framework maps are provided greater flexibility with regards to the design of development frontages. These block frontages include a combination of side streets (where most uses front on other adjacent streets) and service oriented streets (often characterized by industrial or service types of uses). While there is greater flexibility in the amount of transparency of facade and the location of surface and structured parking, the purpose of these standards is to ensure that development frontages along these streets provide visual interest at all observable scales and meet the design objectives of the city.
(2) 
Standards. All development as set forth in POMC § 20.127.130 with applicable block frontage designations must comply with standards below (on applicable block frontages):
Table 20.127.210(2)
Other Block Frontage Standards
Element
Standards
Building placement
Where allowed in the applicable zoning district, buildings may be placed up to the sidewalk edge provided storefront block frontage standards above are met (except where otherwise noted herein).
10-foot minimum front setback for other buildings, except where greater setbacks are specified in the district per Chapter 20.122 POMC. ➲
See POMC § 20.127.230 for special design provisions associated with ground level residential uses adjacent to a sidewalk.
Building entrances
Building entrances facing the street are encouraged. At a minimum, at least one building entry visible and directly accessible from the street is required. ➲
Where buildings are setback from the street, pedestrian connections are required from the sidewalk.
Facade transparency
For storefronts, at least 60 percent of ground floor between 30 inches and 10 feet above the sidewalk is required. ➲
Other buildings designed with nonresidential uses on the ground floor within 10 feet of sidewalk, at least 30 percent of the ground floor between four and eight feet above the sidewalk. ➲
Other buildings, at least 10 percent of the entire facade (all vertical surfaces generally facing the street). ➲
Window area that is glazed over or covered in any manner that obscures visibility into the storefront space shall not count as transparent window area.
Weather protection
At least three feet deep over primary business and residential entries.
Parking location
Also see Chapter 20.124 POMC for related parking requirements
There are no parking lot location restrictions.
A 10-foot buffer of landscaping between the street and off-street parking areas meeting the performance standards of Chapter 20.128 POMC is required. ➲
Landscaping
Also see Chapter 20.128 POMC for related landscaping standards
The area between the street and building must be landscaped and/or include private porch or patio space.
For setbacks adjacent to buildings with windows, provide low level landscaping that maintains views between the building and the street.
Also provide plant materials that screen any blank walls and add visual interest at both the pedestrian scale and motorist scale. For extended wall areas, provide for a diversity of plant materials and textures to maintain visual interest from a pedestrian scale.
Sidewalk width
Where storefront buildings are proposed, sidewalks must meet storefront block frontage standards above. Otherwise, six-foot wide minimum sidewalks are required.
(3) 
Departure Criteria. Departures from the above standards that feature the ➲ symbol will be considered by the reviewing authority (the director or hearing examiner, as appropriate) provided the alternative proposal meets the purpose of the standards, plus the following criteria:
(a) 
Minimum Setback. Provide design treatments that create an effective transition between the public and private realm. This could include a stoop design to other similar treatments that utilize a low fence, retaining wall, and/or hedge alone the sidewalk.
(b) 
Facade Transparency. The design treatment of a facade and/or landscape element provides visual interest to the pedestrian and mitigates impacts of any blank wall area.
(Ord. 008-18 § 2 (Exh. 1); Ord. 008-25 § 16 (Exh. O))
§ 20.127.220 Trail/park frontage standards.
Trails referenced in the community design framework maps in POMC § 20.127.130 aligned adjacent to a street are subject to the applicable block frontage designation for the street. For trails referenced in the community design framework maps that are not adjacent to streets, developments fronting such trails must comply with the other block frontage standards set forth in POMC § 20.127.210.
Figure 20.127.220
Trail/Park Frontage Examples
20.127.220.tif
The development in the left image includes a courtyard that orients towards the trail. The low fence allows visibility between the uses, yet divides public and private space in an acceptable manner. The right image illustrates an active commercial use fronting on the trail.
(Ord. 008-18 § 2 (Exh. 1); Ord. 008-25 § 16 (Exh. O))
§ 20.127.230 Special residential frontage standards along sidewalks and internal walkways.
For residences with ground floor living spaces facing a sidewalk or pedestrian path in a residential or mixed use development, the building must feature at least one of the public/private space transition elements described below. The objective of this standard is to ensure privacy and security for residents, and an attractive and safe walkway that complements the qualities of the adjoining residences within a residential complex.
(1) 
Raised Deck or Porch Option. Provide at least a 60-square-foot porch or deck raised at least one foot above grade. The porch or deck must be at least six feet wide, measured perpendicular to the building face. (The deck may be recessed into the unit floor plan so that deck does not extend from the building face a full six feet.) A low fence, rail or hedge, two feet to four feet high, may be integrated between the sidewalk or internal walkway and deck or porch.
(2) 
Front Setback Options. Provide a minimum 10-foot setback between the sidewalk or internal walkway and the face of the residence. Design options for the front setback:
(a) 
Landscaped area, meeting the provisions of Chapter 20.128 POMC.
(b) 
Semi-private patio space screened by a low fence or hedge (see Chapter 20.128 POMC, Development Standards – Landscaping).
(3) 
Raised Ground Floor. If the residence's ground floor is a minimum of three feet above the grade adjacent to the building, then the landscaped area in subsection (2)(b) of this section may be reduced to four feet wide (except where greater setbacks are specified for the applicable zoning district in Chapter 20.122 POMC).
Departures: Other transition design measure that adequately protects the privacy and comfort of the residential unit and the attractiveness and usefulness of the walkway at least as effectively as subsections (1) through this subsection (3).
See Figure 20.127.230 below for examples of the above treatments.
Figure 20.127.230
Acceptable Public/Private Transitional Space Design between Sidewalk or Walkways and Ground Level Residential Units.
20.127.230.tif
The upper left image uses a low fence and landscaped setback. The right images use landscaped terraces and elevated ground level units. The lower left image uses a landscaped berm between the walkway and semi-private open space.
(Ord. 008-18 § 2 (Exh. 1); Ord. 008-25 § 16 (Exh. O))
§ 20.127.240 Where a property fronts onto multiple streets/frontage designations.
Where a property fronts onto more than one street and each street has a different frontage designation, each building frontage must comply with the standards for the block frontage upon which it fronts, with the following clarifications:
(1) 
Where a conflict exists between frontage standards, the review authority will apply the standards of a block frontage pursuant to the following order of preference:
(a) 
Storefront.
(b) 
Varied.
(c) 
Marine.
(d) 
Landscaped.
(e) 
Gateway.
(f) 
Other.
Subsections (2) through (5) of this section clarify how the order of preference works for particular frontage elements.
(2) 
Building Location. For corner sites with landscaped block frontage on one street and storefront or varied on another, a storefront frontage may wrap around the corner (on the landscaped block frontage side) for up to a half block width or no more than 120 feet (whichever is more).
(3) 
Entrances. For corner sites, entrances on both streets are encouraged, but only one entrance is required. For corner sites with frontage on a storefront block frontage on one side, an entrance must be placed on the storefront block frontage side. For corner sites with a mix of designations that do not include a storefront block frontage, the entry must be placed in the order of preference identified above.
Departures may be considered, provided the location and design of the entry and block frontage treatments are compatible with the character of the area and enhance the character of the street.
(4) 
Transparency. For corner sites at least one block frontage must meet the applicable transparency standards (based on the order of preference above). For the second block frontage, the review authority may approve a reduction in the minimum amount of transparency by 50 percent. For street corners with the same designations on both frontages, buildings must employ the full transparency on the dominant frontage (based on the frontage width or established neighborhood pattern).
(5) 
Parking. Surface parking (including ground floor parking in a structure) adjacent to a street corner is not allowed, except:
(a) 
Corner lots with nondesignated frontages (other) on both streets.
(b) 
Other combination of block frontages, except those with a storefront designation, via a departure and subject to the applicable departure criteria.
Figure 20.127.240
Clarifying Block Frontage Standards on Street Corners
20.127.240.tif
(Ord. 008-18 § 2 (Exh. 1); Ord. 008-25 § 16 (Exh. O))
§ 20.127.250 High visibility street corners.
(1) 
Description/Purpose. The high visibility street corner requirements apply to those sites designated as such on the community design framework maps in POMC § 20.127.130. The purpose is to accentuate street corners with high visibility to the public.
(2) 
Designation Criteria. High visibility street corners may be designated in:
(a) 
Special high visibility intersections in business districts.
(b) 
Intersections with a high level of pedestrian activity.
(c) 
Special high visibility gateway intersections leading into the city or a particular business district.
(d) 
Existing or planned intersections that are intended to become the focal point of a particular business district or neighborhood center.
(3) 
Standards. Sites located on high visibility street corners must meet the following requirements:
(a) 
Buildings must be located within 20 feet of the street corner.
(b) 
At least one of the following special features must be included (Figure 20.127.250 below illustrates acceptable examples):
(i) 
Corner plaza.
(ii) 
Cropped building corner with a special entry feature.
(iii) 
Decorative use of building materials at the corner.
(iv) 
Distinctive facade articulation.
(v) 
Sculptural architectural element.
(vi) 
Other decorative elements that meet the purpose of the standards.
Figure 20.127.250
Acceptable High Visibility Street Corner/Gateway Site Examples
20.127.250a.tif
Building 1 includes a corner tower. Building 2 features cropped building corners with decorative elements. Building 3 uses a decorative canopy. Building 4 uses a change in building materials and facade articulation at the corner. Building 5 incorporates a plaza at the corner.
20.127.250b.tif
Image 6 shows a decorative landscaped area with a trellis and neighborhood gateway sign.
(Ord. 008-18 § 2 (Exh. 1); Ord. 008-25 § 16 (Exh. O))
§ 20.127.260 Community design framework master plan.
Recently annexed or rezoned commercial or mixed use properties along with large undeveloped sites necessitate a different approach to applying block frontage standards. The provisions below identify the purpose, applicable sites, block frontage designation options, and special standards for developing community design framework master plans. Such master plans are also an option for property owners to change designations on existing community design framework maps (POMC § 20.127.130).
(1) 
Purpose.
(a) 
To provide a thoughtful and fair process to plan for the development of large and new commercial and mixed use sites consistent with Port Orchard's comprehensive plan.
(b) 
To promote the arrangement of streets, buildings, open space, parking and service areas that creates a strong sense of community and enhances the character of Port Orchard.
(c) 
To avoid uncoordinated patterns of development that waste valuable land, compromise vehicular and pedestrian access, and degrade the character of Port Orchard.
(2) 
Applicable Sites.
(a) 
Recently annexed sites zoned as one of the commercial or mixed use zoning districts.
(b) 
Sites recently rezoned to one of the commercial or mixed use zoning districts that are not addressed in the community design framework maps in POMC § 20.127.130.
(3) 
Block Frontage Designations Options.
(a) 
Prior to site development of applicable sites, a community design framework master plan must be developed, approved and adopted into the Port Orchard comprehensive plan per the procedures set forth in Chapter 20.04 POMC, Comprehensive Plan Amendments. The master plans must include:
(i) 
New streets and internal roadways along with block frontage designations (types included in this section).
(ii) 
Any designated high visibility street corners.
(iii) 
Any planned open spaces, trails, and shared use paths.
(iv) 
Any special phasing conditions.
(v) 
Other special design conditions unique to the site and plan that must be implemented with future site plan development.
(b) 
Community design framework master plans may utilize any existing block frontage designations that border the site, or include an alternative block frontage designation type or types, subject to master plan approval.
(c) 
Alternatively, site plan development may occur on applicable sites without an approved and recorded community design framework master plan provided all block frontages comply with the standards for varied block frontages as set forth in subsection (4) of this section.
(4) 
Design Standards. Community design framework master plans must meet the purpose as set forth above plus the following parameters for specific sites:
Table 20.127.260(4)
Community Design Framework Master Plan Design Standards
The provisions below are intended to guide the design of individual community design framework master plans. They are referred to as standards, since all proposed plans must successfully demonstrate how they comply with the provisions herein.
All Sites
• Configure site to create a pedestrian-oriented focal point. Such a focal point could be a main street (storefront), a central square surrounded by storefronts or other similar features.
• Larger sites have greater expectations in the amount of storefront designated frontages.
• Goals, policies and concepts from adopted plans must be used to help determine compliance with these standards.
Figure 20.127.260(4)
Development Examples
20.127.260_4.tif
Examples of commercial centers configured to create a pedestrian-oriented focal point. Parking areas are carefully located to provide convenience while minimizing impacts to the visual and pedestrian environment.
(5) 
Review Process and Application Requirements.
(a) 
Community design framework master plans must be processed as a Type II decision set forth in POMC § 20.22.040.
(b) 
Community design framework master plans are subject to application requirements set forth in Chapter 20.24 POMC. Supplemental application submittal requirements include:
(i) 
A conceptual site development plan that identifies the following elements (if applicable):
(A) 
Proposed new public and private streets (including any public rights-of-way).
(B) 
Proposed block frontage designations.
(C) 
Proposed land use(s) concept (to the extent anticipated or desired).
(D) 
Proposed nonmotorized circulation elements.
(E) 
Proposed pedestrian-oriented focal point and/or other open spaces or recreational features.
(F) 
Critical areas and buffers.
(G) 
Utility areas.
(H) 
Proposed or potential development phases.
(ii) 
Other information as necessary to support compliance with the design standards set forth in subsection (4) of this section.
(Ord. 008-18 § 2 (Exh. 1); Ord. 008-25 § 16 (Exh. O))
§ 20.127.300 Purpose.
(1) 
To preserve and protect the public health, safety, and welfare of the citizens of Port Orchard.
(2) 
To promote the thoughtful layout of buildings, parking areas, circulation, service areas, landscaping, and amenity elements that enhance Port Orchard's visual character, promote compatibility between developments and uses, and enhance the function of developments.
Also see the individual "purpose" statements for each section in this article.
(Ord. 008-18 § 2 (Exh. 1); Ord. 008-25 § 16 (Exh. O))
§ 20.127.310 Applicability and compliance.
(1) 
See POMC § 20.127.020(1) for clarification on the types of development to which these standards apply; provided, that applications for interior alterations are exempt from site plan review, if the interior alteration does not result in (a) additional sleeping quarters or bedrooms; (b) nonconformity with Federal Emergency Management Agency substantial improvement thresholds; or (c) an increase in the total square footage or valuation of the structure thereby requiring upgraded fire access or fire suppression systems. For purposes of this section, "interior alterations" include construction activities that do not modify the existing site layout or its current use and involve no exterior work adding to the building footprint.
(2) 
See POMC § 20.127.020(2) for the relationship between the provisions in this article and other documents and codes.
(3) 
See POMC § 20.127.020(3) for the application of building additions and remodels and site improvements.
(Ord. 008-18 § 2 (Exh. 1); Ord. 019-24 § 18; Ord. 008-25 § 16 (Exh. O))
§ 20.127.320 Relationship to adjacent properties.
(1) 
Purpose.
(a) 
To promote the functional and visual compatibility between developments.
(b) 
To protect the privacy of residents on adjacent properties.
(2) 
Balconies Adjacent to Side Property Lines Abutting Residentially Zoned Properties. Balconies or rooftop decks within 15 horizontal feet of a side and rear property line abutting a residentially zoned property must feature a railing system that is at least 50 percent opaque. Specifically, 50 percent of the area below the railing must be a sight-obscuring structure.
Departures will be allowed where it is determined that the proposed design will not create a compatibility problem in the near- and long-term based on the unique site context.
Figure 20.127.320(2)
Privacy Standards for Balconies within 15 Feet of Side Property Lines
20.127.320_2.tif
(3) 
Light and Air Access and Privacy Along the Side and Rear Property Lines. Buildings or portions thereof containing multi-household dwelling units whose only solar access (windows) is from the applicable side of the building (facing towards the side property line) must be set back from the applicable side or rear property lines at least 15 feet. See Figures 20.127.320(2) and (3).
Departures will be allowed where it is determined that the proposed design will not create a compatibility problem in the near- and long-term based on the unique site context.
Figure 20.127.320(3)
Solar Access and Privacy Standards for Multi-Household Residential Buildings along Side/Rear Property Lines
20.127.320_3a.tif
Where side setbacks are required.
20.127.320_3b.tif
Where there are no side setbacks and where windowless firewalls may be built up to the property line.
(Ord. 008-18 § 2 (Exh. 1); Ord. 008-25 § 16 (Exh. O))
§ 20.127.330 Nonmotorized circulation and design.
(1) 
Purpose.
(a) 
To improve the pedestrian and bicycling environment by making it easier, safer, and more comfortable to walk or ride among residences, to businesses, to the street sidewalk, to transit stops, through parking lots, to adjacent properties, and to connections throughout the city.
(b) 
To enhance access to on- and off-site areas and pedestrian/bicycle paths.
(2) 
Access to Sidewalk. All buildings must feature pedestrian connections to a sidewalk per applicable block frontage standards in Article II of this chapter. See subsection (4) of this section for access design requirements.
Figure 20.127.330(2)
Examples of Direct Pedestrian Access to Buildings from the Street
20.127.330_2.tif
(3) 
Internal Circulation.
(a) 
For sites with multiple buildings, pedestrian paths or walkways connecting businesses and/or residential entries on the same development site must be provided. Routes that minimize walking distances and minimize conflict between pedestrians and traffic at all points of pedestrian access must be utilized to the extent practical.
Departures will be allowed where steep slopes prevent a direct connection or where an indirect route would enhance the design and/or use of a common usable open space. See subsection (4) of this section for walkway design standards.
Figure 20.127.330(3)(a)
Internal and External Pedestrian Connections Are Important
20.127.330_3a.tif
(b) 
Sites With Residential Units. Provide direct pedestrian access between all ground related unit entries and a public street or to a walkway network or open space that has direct access to a public street. Residential developments must provide a pedestrian circulation network that connects all main entrances on the site to other areas of the site, such as:
(i) 
Parking areas.
(ii) 
Recreational areas.
(iii) 
Common outdoor areas.
(iv) 
Any pedestrian amenities.
For residential units fronting the street, the sidewalk may be used to meet this standard.
Figure 20.127.330(3)(b)(i)
Direct Walkways Between the Street and Dwelling Units Are Required
21.127.330_3bi.tif
The entries of the example on the left connect directly to a public sidewalk while the entries in the right example connect to a common path that extends to the sidewalk.
Figure 20.127.330(3)(b)(ii)
Examples of Attractive Pedestrian Connection Through a Residential Development
21.127.330_3bii.tif
(c) 
Crosswalks are required when a walkway crosses an on-site paved area accessible to vehicles. Crosswalks must contain contrasting material (such as concrete) and/or patterns (such as stamped asphalt), excluding painted surfaces.
(d) 
Pedestrian Walkways Through Parking Lots. Developments with 20 parking spaces or more must provide specially marked or paved walkways through parking areas. Pedestrian walkways across parking areas shall be located as either one of the following:
(i) 
At least one walkway must be provided every two rows of parking or at a maximum spacing of 200 feet. The walkways must provide a safe connection to the building entrance and meet the walkway design standards set forth in subsection (4) of this section.
(ii) 
Walkways running perpendicular to the parking rows shall be no further apart than 25 parking spaces.
See examples below.
Figure 20.127.330(3)(d)
Parking Area Walkway Standards and Examples
21.127.330_3di.tif
Note the location of the parking lot walkway in the upper right example (connecting shops in one building to the main entry of a grocery store).
21.127.330_3dii.tif
Note in both examples that the concrete walkway extends into the vehicular area to provide a highly visible and safe crosswalk.
(e) 
Connections to Adjacent Properties (Including Parks and Trails). Except for when adjacent properties have less than five dwelling units, provide pedestrian walkways that connect to adjacent properties. Public sidewalks in the right-of-way shall not count toward this requirement.
Departures will be allowed where it is determined that internal connections are not necessary or practical due to shallow lot depths, steep slopes, or other contextual challenges.
(f) 
Barriers that limit future pedestrian access are prohibited. Gates that limit access to employees are permitted. See subsection (4) of this section for walkway design standards.
(4) 
Walkway Design.
(a) 
All internal pedestrian walkways must have a minimum five-foot-wide unobstructed walking surface, except where wider walkways are prescribed in this article or where the applicable uses and context dictate wider walkways.
(b) 
Where parking is adjacent to perpendicular or angled parking and does not utilize wheel stops as described in POMC § 20.124.100, an extra two feet of walkway width must be provided to mitigate for parked vehicles overhanging the walkway.
(c) 
Pedestrian walks must be separated from structures at least three feet for landscaping except where the adjacent building facade meets the storefront block frontage standards per POMC § 20.127.120(2).
Departures will be considered where other landscaping and/or facade design treatments to provide attractive walkways are proposed. Examples include sculptural, mosaic, bas-relief artwork, or other decorative treatments that meet the purpose. Figure 20.127.330(4)(c) below provides one example.
Figure 20.127.330(4)(c)
Standards for Internal Walkways Adjacent to Buildings
21.127.330_4c.tif
Internal walkways adjacent to building walls that do not meet storefront facade standards must provide at least three feet of landscaping to enhance the character of the walkway. The reviewing authority will consider alternative treatments, such as decorative walls (right example).
(d) 
Walkway design where multi-tenant commercial or mixed use buildings 100 feet or more in length abut parking lots. Such walkways must feature a 12-foot-wide sidewalk with:
(i) 
Eight feet minimum unobstructed width.
(ii) 
Trees, as approved by the director or hearing examiner, placed at an average of 50 feet on-center and placed in grates or in planting strips as set forth in subsection (4)(d)(iii) of this section.
Departure: Breaks in the tree coverage will be allowed near major building entries to enhance visibility.
(iii) 
Planting strips may be used between any vehicle access or parking area and the walkway; provided, that the trees required above are included and the walkway meets the applicable width standards herein and the combined walkway and planting strip is at least 12 feet wide.
(iv) 
See also POMC § 20.127.340(4), internal roadway design.
Figure 20.127.330(4)(d)
Example of a Successful Pedestrian Sidewalk Between Parking Lot and Storefront
21.127.330_4d.tif
(Ord. 008-18 § 2 (Exh. 1); Ord. 050-22 § 12; Ord. 008-25 § 16 (Exh. O))
§ 20.127.340 Vehicular circulation and parking.
The standards herein supplement the provisions of public works standards and Chapter 20.124 POMC. Where there is a conflict, the provisions herein apply, except that the public works director may override this requirement and apply the public works standard for a driveway if the public works director finds that a failure to apply the public works standards will result in a threat to public safety.
(1) 
Purpose.
(a) 
To create a safe, convenient, and efficient network for vehicle circulation and parking.
(b) 
To enhance the visual character of interior access roads.
(c) 
To minimize conflicts with pedestrian circulation and activity.
(2) 
Driveway Provisions.
(a) 
Driveways must comply with the public works standards. Where there is a conflict between the driveway provisions in this chapter and those in the public works standards, the driveway provisions in this chapter apply, except that the public works director may override this requirement and apply the public works standard for a driveway if the public works director finds that a failure to apply the public works standards will result in a threat to public safety.
(b) 
Drive aisles must meet the standards set forth in POMC § 20.124.100, Off-street parking design standards.
(c) 
Minimize parking lot entrances, drive aisles, and other vehicle access routes onto private property from a public right-of-way through the following means:
(i) 
Driveway lanes crossing a public sidewalk must be no wider than the minimum required per entry or exit lane. The city may impose additional restrictions to parking lot and vehicle access points to reduce impacts to public safety, pedestrian movement, on-street vehicle circulation, and visual qualities.
(ii) 
Minimize the number of driveway entrances and comply with the public works standards for driveway entrances.
(iii) 
The reviewing authority may require joint drive aisles serving adjacent developments when joint access is physically and legally available.
(iv) 
Minimize conflicts between entries and vehicle parking and maneuvering areas.
(v) 
At street corner sites, drive aisles must be located on the lowest classified roadway and as close as practical to the property line most distant from the intersection, unless the reviewing authority finds there is a compelling reason to the contrary.
(d) 
Port Orchard Boulevard Access. Access from Port Orchard Boulevard except for areas with a designated block frontage as shown in the community design framework maps in POMC § 20.127.130 shall be prohibited.
(3) 
Intersite Connectivity. The provision of through vehicle access connections between commercially or nonresidentially zoned properties is required except where the reviewing authority determines it is infeasible or undesirable (e.g., where it is determined that such a vehicle connection would impact safe pedestrian movement). See Article II of this chapter for specific block frontage standards. Vehicle access may be in the form of a dedicated or private alley, connected or shared parking lots, shared drive aisles, or similar features.
(4) 
Internal Roadway Design.
(a) 
To increase the function and appearance of internal roadways on large sites (greater than two acres), street trees and sidewalks must be provided on all internal access roadways, excepting access roads designed solely for the purpose of service (e.g., waste pick-up) and loading.
(b) 
In some instances where traffic speed and volume are low, the reviewing authority may approve a street where vehicle, bicycle and pedestrian movement are mixed such as in a "woonerf" or "shared street." Woonerf streets must feature traffic calming and safety measures as well as landscape and amenity features as determined by the reviewing authority.
Figure 20.127.340(4)
Good Internal Roadway Examples
21.127.340_4a.tif
The examples above include angled parking and planter strips with street trees. Pedestrian-scaled lighting also contributes to the character in the upper right image.
21.127.340_4b.tif
The above left image illustrates a thoroughfare lane with a row of street trees. A sidewalk is included on one side of the street to provide a strategic connection between businesses. The right image illustrates the curbless "woonerf" design where travel speeds are low and lanes are shared between pedestrians and vehicles.
(c) 
Drive-Through Facilities. Where allowed, drive-through facilities (e.g., drive-up windows) must comply with the following:
(i) 
Drive-through lanes, including waiting and holding lanes, must be buffered from the street and internal walkways by one or both of the following:
(A) 
A planting strip at least five feet wide with continuous plantings of evergreen shrubs and/or trees that will, at maturity, provide a continuous evergreen screen at least four feet tall.
(B) 
A wall at least three feet high constructed of brick, stone or siding materials that matches the principal walls of the building.
Departure: Alternative screening schemes may be approved provided they include both the wall and a substantial vegetative screen. The landscaping must comply with Chapter 20.128 POMC.
(ii) 
Drive-through lanes must not restrict pedestrian access between a public sidewalk and on-site buildings. Walkways must not be located within required stacking space as set forth in the public works standards.
(iii) 
This section contains standards for drive-through lanes and facilities. Signs associated with drive-through lanes are regulated under POMC § 20.132.150(7).
(Ord. 008-18 § 2 (Exh. 1); Ord. 011-19 § 6 (Exh. 3); Ord. 056-19 § 23; Ord. 033-20 § 12; Ord. 008-25 § 16 (Exh. O))
§ 20.127.350 On-site open space.
(1) 
Purpose.
(a) 
To create useable space that is suitable for leisure or recreational activities for residents.
(b) 
To create open space that contributes to the residential setting.
(c) 
To provide plazas that attract shoppers to commercial areas.
(d) 
To provide plazas and other pedestrian oriented spaces in commercial areas that enhance the employees' and public's opportunity for active and passive activities, such as dining, resting, people watching, and recreational activities.
(e) 
To enhance the development character and attractiveness of commercial development.
(2) 
Usable Residential Open Space.
(a) 
All multi-household development, including multi-household portions of mixed use development, must provide minimum usable open space equal to 100 square feet per dwelling unit for studio and one-bedroom dwellings and 150 square feet per dwelling unit for dwellings with two or more bedrooms.
Developments adjacent to or across the street from a public park can qualify for a 50 percent reduction in the required open space via a departure, where it is determined that both the park and access to the park help to meet the usable open space purpose.
The required open space may be provided in a combination of ways:
(i) 
Shared Open Space. One hundred percent of the required open space may be in the form of shared open space available to all residents and meeting the requirements of subsection (2)(b) of this section. Shared open space may be in the form of courtyards, front porches, patios, play areas gardens or similar spaces.
(ii) 
Ground Level Private Outdoor Space. One hundred percent of the required open space may be provided by ground level outdoor space that is adjacent and directly accessible to the subject unit. Such open spaces must be enclosed by a fence and/or hedge at least 32 inches in height to qualify. Ground level private open space in excess of minimum requirements must not be used in the calculations for determining the minimum useable open space requirements for other units in the development.
(iii) 
Balconies. Up to 50 percent of the required open space may be provided by private balconies provided they are at least 36 square feet with no dimension less than six feet. Individual balconies in excess of minimum requirements must not be used in the calculations for determining the minimum useable open space requirements for other units in the development.
(iv) 
Common Indoor Recreation Areas. Up to 50 percent of the required open space may be provided by common indoor recreation areas meeting the requirements of subsection (2)(c) of this section.
(v) 
Shared Roof Decks. For mixed use buildings, up to 100 percent of the required open space may be provided by shared roof decks located on the top of buildings which are available to all residents and meet the requirements of subsection (2)(d) of this section. Roof decks in mixed use buildings shall not be accessible to commercial tenants, employees, or customers.
(b) 
Shared Open Space. Shared open space can include landscaped courtyards or decks, entrance plazas, gardens with walkways, children's play areas, pools, and water features provided they are accessible to all residents of the development. Accessible areas used for storm water retention or other multipurpose recreational and/or green spaces that meet the design criteria herein may qualify as shared open space.
Special requirements for common usable open spaces include the following:
(i) 
Shared open space must be located in centralized areas that are visible from units within the development.
(ii) 
Required setback areas must not count as shared open space unless the design of the space meets the standards herein.
(iii) 
Shared open space must feature no dimension less than 15 feet in order to provide functional leisure or recreational activity (unless otherwise noted herein).
(iv) 
Shared open space must feature paths or walkable lawns, landscaping, seating, lighting, and play structures, sports courts, or other pedestrian amenities to make the area more functional and enjoyable for a range of users.
(v) 
Shared open space must be separated from ground level windows, streets, service areas and parking lots with landscaping, fencing, and/or other acceptable treatments that enhance safety and privacy for both the shared open space and dwelling units.
(vi) 
When possible, the space should be oriented to receive sunlight, face east, west or preferably south.
(vii) 
Stairways and service elements located within or on the edge of shared open space must not be included in the open space calculations.
(viii) 
Shared porches may qualify as shared open space provided they are at least eight feet in depth and 96 square feet in total area.
(ix) 
The space must be accessible to all residents of the development.
(x) 
Natural, artificial, and stormwater ponds may be included in the shared open space. A maximum of 50 percent of the pond surface area, as measured when the pond is at its maximum designed depth, may be counted towards the minimum requirements of subsection (2)(a) of this section. Ponds must be integrated with trails and other features listed above to qualify as shared open space.
Figure 20.127.350(2)(b)(i)
Shared Open Space Examples
21.127.350_2bia.tif
The upper examples include a combination of open lawn area for informal recreation plus walkways and decorative landscape areas to enhance the setting for residents.
21.127.350_2bib.tif
The left image above includes a covered gathering space with outdoor grills adjacent to a landscaped commons with a central walkway. The right image includes a pond/wetland type area with boardwalk and seating areas.
Figure 20.127.350(2)(b)(ii)
Acceptable and Unacceptable Examples of Ponds as Open Space
21.127.350_2biiA.tif
The above images show an acceptable example of using a pond as shared open space. Lawns, gentle slopes, and a perimeter walking path are integrated into this amenity.
21.127.350_2biiB.tif
The above image shows a stormwater pond that would not qualify as shared open space. The pond is fenced, inaccessible to users of the development, and it is lined by steep rocky banks.
(c) 
Indoor Recreational Areas. Such spaces must meet the following conditions:
(i) 
The space must be located in a visible area, such as near an entrance, lobby, or high traffic corridors.
(ii) 
Space must be designed specifically to serve interior recreational functions and not merely be leftover unrentable space used to meet the open space requirement. Such space must include amenities and design elements that will encourage use by residents.
(d) 
Shared Rooftop Decks. Such spaces must meet the following requirements:
(i) 
Space must feature hard surfacing and provide amenities such as seating areas, landscaping, and/or other features that encourage use.
(ii) 
Space must integrate landscaping elements that enhance the character of the space and encourage its use.
(iii) 
Space must incorporate features that provide for the safety of residents, such as enclosures, railings, and appropriate lighting levels.
Figure 20.127.350(2)(d)
Rooftop Deck Examples
21.127.350_2d.tif
(3) 
Usable Commercial Open Space. New developments with nonresidential uses (except for development within the employment – industrial/office zone) on sites with a total site area greater than one-half acre must provide open space equal to at least two percent of the gross square footage of the development. The open space may be in the form of pedestrian-oriented space per subsection (4) of this section, garden, play area or other open space feature that serves both as a visual amenity and a place for human activity. Portions of sidewalks that are wider than 12 feet and which meet the standards of pedestrian-oriented space may be counted toward this requirement. For this specific standard, "site area" includes all land needed for the nonresidential portion of the project including parking, service areas, access and required landscaping. Nonresidential open space features must be approved by the reviewing authority.
Departure: Open space area may be reduced to one percent of the development envelope if the reviewing authority finds the project includes exceptional design features and elements that meet the purpose of the standards. This includes open spaces that feature a combination of design (site materials, amenities, and configuration) and location/context that clearly exceeds typical plaza designs found in the region.
Figure 20.127.350(3)
Example Site Development Integrating Usable Commercial Open Space
21.127.350_3.tif
(4) 
Pedestrian-Oriented Space Design Criteria. This subsection describes the requirements and desired characteristics of pedestrian-oriented space (which may be used to meet the requirements of subsection (3) of this section).
(a) 
Required Pedestrian-Oriented Space Features.
(i) 
Visual and pedestrian access into the site from a street, private access road, or publicly accessible parking area.
(ii) 
Paved walking surfaces of either concrete or approved unit paving.
(iii) 
The spaces must be located in or adjacent to areas with significant pedestrian traffic to provide interest and security, such as adjacent to or visible from a building entry.
(iv) 
At least two linear feet of seating area (a bench or ledge at least 16 inches deep and appropriate seating height) or one individual seat per 60 square feet of plaza area or open space.
(v) 
Landscaping components that add visual interest and are not a visual barrier. This could include planting beds, raised planters, and/or potted plants.
(b) 
Desirable Pedestrian-Oriented Space Features.
(i) 
Pedestrian amenities, such as site furniture, lighting, artwork, drinking fountains, shade structures or other similar features.
(ii) 
Adjacent buildings with transparent windows and doors covering at least 50 percent of the facade between 30 inches and 10 feet above the ground level.
(iii) 
Pedestrian weather protection, alcoves, seating, or other features along building edges to allow for outdoor gathering.
(iv) 
Concrete or unit paving.
(c) 
Features Prohibited Within a Pedestrian-Oriented Space.
(i) 
Asphalt pavement.
(ii) 
Adjacent service areas (e.g., trash areas) that are not separated with landscaping, as required in POMC § 20.127.360, Location and design of service areas and mechanical equipment.
(iii) 
Adjacent chain-link fences.
(iv) 
Adjacent "blank walls" without "blank wall treatment" (see POMC § 20.127.460(3)).
(v) 
Outdoor storage.
Figure 20.127.350(4)(i)
Example of Standards Applied to a Small Pedestrian-Oriented Space
21.127.350_4i.tif
Figure 20.127.350(4)(ii)
Desirable Examples of Pedestrian-Oriented Space
21.127.350_4iiA.tif
The left example above is a colorful plaza with outdoor seating, landscaping elements and direct access to adjacent retail uses. The upper right image is a commons area with adjacent covered areas.
21.127.350_4iiB.tif
A covered outdoor gathering space (left) may be used to meet pedestrian-oriented space requirements. In the right image, the widened sidewalk area may be counted as pedestrian-oriented space.
(5) 
Useable Mixed Use Open Space. Developments with a mix of residential and nonresidential uses may double-count useable open space for both residential units and commercial square footage, provided the double-counted open space meets the requirements of both subsections (2) and (3) of this section.
(Ord. 008-18 § 2 (Exh. 1); Ord. 008-25 § 16 (Exh. O))
§ 20.127.360 Location and design of service areas and mechanical equipment.
(1) 
Purpose.
(a) 
To minimize adverse visual, odor, and noise impacts of mechanical equipment, utility cabinets and service areas at ground and roof levels.
(b) 
To provide adequate, durable, well-maintained, and accessible service and equipment areas.
(c) 
To protect residential uses and adjacent properties from impacts due to location and utilization of service areas.
(2) 
Location of Ground Related Service Areas and Mechanical Equipment.
(a) 
Service areas (loading docks, trash dumpsters, compactors, recycling areas, electrical panels, and mechanical equipment areas) must be located for convenient service access while avoiding negative visual, auditory, olfactory, or physical impacts on the streetscape environment and adjacent residentially zoned properties. Service areas must be sited for alley access if available.
The director and/or hearing examiner may require evidence that such elements will not significantly impact neighboring properties or public areas. (For example, noise damping specifications may be required for fans located near residential zones.)
(b) 
Exterior Loading Areas. Exterior loading areas for commercial uses must not be located within 20 feet of a single-family residentially zoned property.
Departure opportunity: Exterior commercial loading areas are exempt from this standard if the reviewing authority finds such a restriction does not allow feasible development and alternative design measures can successfully mitigate potential negative impacts. For example, areas and drives may be required to be separated from the residential lot by a masonry wall at least eight feet high.
(c) 
Service areas must not be visible from the sidewalk and adjacent properties. Where the reviewing authority finds that the only option for locating a service area is an area visible from a public right-of-way, resident/customer parking area, internal walkway or pedestrian area, or from an adjacent property, the area must be screened with structural and landscaping screening measures provided in subsection (3) of this section and Chapter 20.128 POMC, Development Standards – Landscaping.
Departure opportunity: Service elements accessible from an alley are exempt from screening requirements.
(d) 
Design for Safety. Other provisions of this section notwithstanding, service areas used by residents must be located to avoid entrapment areas and other conditions where personal security is potentially a problem. Pedestrian-scaled lighting or other measures may be required to enhance security.
(e) 
Locate and shield noise-producing mechanical equipment, such as fans, heat pumps, etc., to minimize sounds and reduce impacts to adjacent residentially zoned properties.
Figure 20.127.360(2)
Service Element Location
21.127.360_2.tif
Locate service elements to reduce impacts on the residential and pedestrian environment, and provide appropriate enclosure.
(3) 
Screening of Ground Related Service Areas and Mechanical Equipment.
(a) 
Where screening of ground level service areas is called for (see subsection (2) of this section), adhere to the following:
(i) 
A structural enclosure must be constructed of masonry, heavy-gauge metal, or decay-resistant material that is also used with the architecture of the main building. The reviewing authority may allow materials other than those used for the main building if the finishes are similar in color and texture or if the proposed enclosure materials are more durable than those for the main structure. The walls must be sufficient to provide full screening from the affected roadway, pedestrian areas or adjacent use. The enclosure may use overlapping walls to screen dumpsters and other materials (see Figure 20.127.360(3) below).
(ii) 
Gates must be made of heavy-gauge, site-obscuring material. Chain link or chain link with slats is not an acceptable material for enclosures or gates.
(iii) 
Where the inside of service enclosures is visible from surrounding streets, walkways, and buildings, an opaque or semi-opaque horizontal cover or screen must be used to mitigate unsightly views. The horizontal screen/cover should be integrated into the enclosure design and compatible with adjacent development.
(iv) 
Collection points must be located and configured so that the enclosure gate swing does not obstruct pedestrian or vehicle traffic, or does not require that a hauling truck project into any public right-of-way. Ensure that screening elements allow for efficient service delivery and removal operations.
(v) 
The service area must be paved.
(b) 
The sides and rear of service enclosures must be screened with landscaping at least five feet wide in locations visible from the street, parking lots, and walkways to soften views of the screening element and add visual interest.
Departures from the provisions of subsections (3)(a) and (b) of this section will be considered provided the enclosure and landscaping treatment meet the purpose of the standards and add visual interest to site users.
Figure 20.127.360(3)
Acceptable Screening Enclosure
21.127.360_3a.tif
21.127.360_3b.tif
All three examples use durable and attractive enclosures with trees and shrubs to soften views of the enclosures from the side. The lower left example uses a trellis structure on top – a desirable example particularly where the tops of the enclosures are visible from surrounding buildings, streets, and walkways (due to topography or building heights).
(4) 
Utility Meters, Electrical Conduit, and Other Service Utility Apparatus.
(a) 
These elements must be located and/or designed to minimize their visibility to the public. Project designers are strongly encouraged to coordinate with applicable service providers early in the design process to determine the best approach in meeting these standards. If such elements are mounted in a location visible from the street, pedestrian walkway, shared open space, or shared auto courtyards, they must be screened with vegetation and/or integrated into the building's architecture.
Figure 20.127.360(4)
Utility Meter Location and Screening – Good and Bad Examples
21.127.360_4a.tif
Place utility meters in less visible locations. The upper and lower left examples are successfully tucked away in a less visible location and/or screened by vegetation. The right images are poorly executed and would not be permitted in such visible locations. Such meters must be coordinated and better integrated with the architecture of the building.
21.127.360_4b.tif
(5) 
Location and Screening of Roof-Mounted Mechanical Equipment.
(a) 
All rooftop mechanical equipment, including air conditioners, heaters, vents, and similar equipment, must be fully screened from public view both at grade and from higher buildings with the exception of solar panels and roof-mounted wind turbines. Screening must be located so as not to interfere with operation of the equipment.
(b) 
For rooftop equipment, all screening devices must be well integrated into the architectural design through such elements as parapet walls, false roofs, roof wells, clerestories, or equipment rooms. Screening walls or unit-mounted screening is allowed but less desirable. Wood must not be used for screens or enclosures. Louvered designs are acceptable if consistent with building design style. Perforated metal is not permitted.
(c) 
The screening materials must be of material requiring minimal maintenance, and must be as high as the equipment being screened.
(d) 
Locate and shield noise-producing mechanical equipment, such as fans, heat pumps, etc., to minimize sounds and reduce impacts to adjacent residentially zoned properties.
Figure 20.127.360(5)
Examples of How to Screen Roof-Mounted Mechanical Equipment
21.127.360_5.tif
The examples above use walls to screen rooftop mechanical equipment from view from the street.
(Ord. 008-18 § 2 (Exh. 1); Ord. 008-25 § 16 (Exh. O))
§ 20.127.400 Purpose.
See the individual "purpose" statements for each section in this article.
(Ord. 008-18 § 2 (Exh. 1); Ord. 008-25 § 16 (Exh. O))
§ 20.127.410 Applicability and compliance.
(1) 
See POMC § 20.127.020(1) for clarification on the types of development to which these standards apply.
(2) 
See POMC § 20.127.020(2) for the relationship between the provisions in this article and other documents and codes.
(3) 
See POMC § 20.127.020(3) for the application of building additions and remodels and site improvements.
(Ord. 008-18 § 2 (Exh. 1); Ord. 008-25 § 16 (Exh. O))
§ 20.127.420 Building character.
(1) 
Purpose.
(a) 
To promote buildings with an architectural character that reflects the region's aesthetic and is based on human scaled design details, durable high quality materials, sustainable design measures, and respond uniquely to the site's context.
(b) 
To emphasize that high quality design is most critical to Port Orchard's high visibility sites and corridors.
(c) 
To avoid generic, corporate architectural design that degrades the character and identity of Port Orchard.
(2) 
Corporate Architecture.
(a) 
Architecture that is defined predominately by corporate identity features and is difficult to adapt to other uses is prohibited. For example, some franchise convenience uses have very specific architectural features (such as a distinctive roofline design that functions as a sign) that reinforce their identity. As tenants change in these types of buildings, these corporate identity features can negatively impact the character of the area and identity of new tenants. These features can also be very expensive to reconfigure and adapt to new uses.
(b) 
Exemptions. This prohibition does not apply to the Bravo Terrace and Sedgwick Road areas identified in Figure 20.127.420.
Figure 20.127.420
Areas Exempt from the Prohibition of Corporate Architecture
21.127.420.tif
(Ord. 008-18 § 2 (Exh. 1); Ord. 008-25 § 16 (Exh. O))
§ 20.127.430 Building massing and articulation.
(1) 
Purpose.
(a) 
To employ facade articulation techniques that reduce the perceived scale of large buildings and add visual interest from all observable scales.
(b) 
To create clear and welcoming building entries.
(2) 
Facade Articulation – Nonresidential. Storefronts and other buildings with nonresidential uses on the ground level facade must include articulation features every 40 feet (maximum) to create a pattern of small storefronts. At least three of the following features must be employed at intervals no greater than 40 feet:
(a) 
Window patterns and/or entries.
(b) 
Use of weather protection features.
(c) 
Use of vertical piers/columns.
(d) 
Change in roofline per subsection (6) of this section.
(e) 
Change in building material or siding style.
(f) 
Other design techniques that effectively reinforce a pattern of small storefronts compatible with the building's surrounding context.
Other features that could be used to meet the standards on block frontages that are not designated as storefront.
(g) 
Vertical elements such as a trellis with plants, green wall, art element.
(h) 
Providing vertical building modulation of at least 12 inches in depth if tied to a change in roofline per subsection (6) of this section or a change in building material, siding style, or color.
Departure: Other articulation features may be used provided they meet the purpose of the standards and the design criteria set forth in subsection (4) of this section.
Figure 20.127.430(2)
Facade Articulation Examples
21.127.430_2a.tif
The left image uses window patterns, weather protection elements, and roofline modulation. The photo example to the right also includes window patterns and weather protection along with a change in masonry texture and color to articulate the facade. The lower example illustrates how a multitenant retail building can successfully be articulated (windows, weather protection, vertical building modulation, and roofline changes).
21.127.430_2b.tif
(3) 
Facade Articulation – Residential. Residential buildings must include articulation features at intervals that relate to the location/size of individual units within the building (or no more than every 30 feet) to break up the massing of the building and add visual interest and compatibility to the surrounding context. At least three of the following features must be employed at intervals no greater than the unit interval or 30 feet (whichever is less):
(a) 
Use of windows and/or entries.
(b) 
Change in roofline per subsection (6) of this section.
(c) 
Change in building material, siding style, and/or window pattern.
(d) 
Providing vertical building modulation of at least 12 inches in depth if tied to a change in roofline modulation per subsection (6) of this section or a change in building material, siding style, or color. Balconies may be used to qualify for this option if they are recessed or projected from the facade by at least 18 inches. Juliet balconies or other balconies that appear to be tacked on to the facade will not qualify for this option unless they employ high quality materials and effectively meet the purpose of the standards.
(e) 
Vertical elements such as a trellis with plants, green wall, art element.
(f) 
Other design techniques that effectively break up the massing at no more than 30-foot intervals.
Departures: Other articulation features will be considered provided they meet the purpose of the standards and the design criteria set forth in subsection (4) of this section.
Figure 20.127.430(3)
Residential Facade Articulation Examples
21.127.430_3a.tif
Below examples use a combination of vertical building modulation, window patterns, material changes, and roofline modulation.
21.127.430_3b.tif
(4) 
Departure Criteria Associated with Articulation Standards. Proposals must meet the purpose of the standards. The following criteria will be considered in determining whether the proposed articulation treatment meets the "purpose":
(a) 
Consider the type and width of the proposed articulation treatment and how effective it is in meeting the purpose given the building's current and desired context (per Port Orchard's comprehensive plan or applicable adopted subarea plan).
(b) 
Consider the applicable block frontage designation. Undesignated block frontages warrant more flexibility than block frontages designated as varied or landscaped.
(c) 
Consider the size and width of the building. Smaller buildings warrant greater flexibility than larger buildings.
(d) 
Consider the quality of facade materials in concert with doors, windows, and other facade features and their ability to add visual interest to the street from a pedestrian scale and more distant observable scales.
Figure 20.127.430(4)
Facade Articulation Departure Examples
21.127.430_4.tif
This building would be a good departure example. Its two clear articulation features are the window patterns and the entry/building modulation feature (three minimum are required). However, the overall effectiveness of these articulation features combined with the high quality of materials and detailing and the relatively small width of the building help it meet the purpose of the standards.
(5) 
Maximum Facade Width. For most buildings, small scale articulation techniques (see subsections (2) and (3) of this section) are sufficient to reduce the perceived scale of buildings, add visual interest, and contribute to the pedestrian environment. Larger buildings need more substantial articulated/modulated features to break up the massing and add visual interest.
Building facades wider than 100 feet must include at least one of the following features to break up the massing of the building and add visual interest. Building walls facing alleys, rear or side yards are not subject to the standards herein, except for zone edge properties, when adjacent to a lower intensity zoning district.
(a) 
Provide vertical building modulation at least 20 feet deep and 30 feet wide. For multi-story buildings, the modulation must extend through more than one-half of the building floors.
(b) 
Use of a contrasting vertical modulated design component featuring all of the following:
(i) 
Component extends through all floors above the first floor fronting on the street. Exception: upper floors that are set back more than 10 feet horizontally from the facade are exempt.
(ii) 
Utilizes a change in building materials that effectively contrasts with the rest of the facade.
(iii) 
Component is modulated vertically from the rest of the facade by an average of six inches.
(iv) 
Component is designed to provide roofline modulation per subsection (6) of this section.
(c) 
Facade employs building walls with contrasting articulation that make it appear like two distinct buildings. To qualify for this option, these contrasting facades must employ all of the following:
(i) 
Different building materials and/or configuration of building materials.
(ii) 
Contrasting window design (sizes or configurations).
(d) 
Departures will be considered provided the design meets the purpose of the standards. Supplemental consideration for approving alternative designs:
(i) 
Width of the Facade. The larger the facade, the more substantial articulation/ modulation features need to be.
(ii) 
Block Frontage Designation. Storefront designated block frontages warrant the most scrutiny while undesignated streets warrant more flexibility.
(iii) 
The type of articulation treatment and how effective it is in meeting the purpose given the building's context.
Figure 20.127.430(5)(i)
Illustrating Maximum Facade Width Standards
21.127.430_5iA.tif
Less than 100 feet wide: meets standard.
More than 100 feet wide: does not meet standard.
21.127.430_5iB.tif
Building incorporates a 20-foot by 30-foot courtyard along the facade to effectively break it up into smaller components: meets standard.
Figure 20.127.430(5)(ii)
Facade Width Good and Bad Examples
21.127.430_5iiA.tif
Both buildings use modulated entry features to help break up the perceived massing and add visual interest.
21.127.430_5iiB.tif
The left building (about 110 feet wide) uses an articulated partial third floor along with smaller articulation treatments on the main floors to effectively break up the perceived scale and add visual interest (this would be a good departure example). The building to the right would not be an acceptable example. While the articulated features on the lower floors help, the monotony of the very long upper floor and roofline would not be acceptable.
(6) 
Roofline Modulation. In order to qualify as a facade articulation feature in subsections (2), (3), and (5) of this section, rooflines must employ one or more of the following:
(a) 
For flat roofs or facades with horizontal eave, fascia, or parapet, the minimum vertical dimension of roofline modulation is the greater of two feet or 0.1 multiplied by the wall height (finish grade to top of the wall) when combined with vertical building modulation techniques described in subsections above. Otherwise, the minimum vertical dimension of roofline modulation is the greater of four feet or 0.2 multiplied by the wall height.
(b) 
A pitched roofline or gabled roofline segment of at least 20 feet in width. Buildings with pitched roofs must include a minimum slope of 5:12 and feature modulated roofline components at the interval required per the applicable standard above.
(c) 
A combination of the above.
Departures: Other designs will be considered provided the roofline modulation design effectively reduces the perceived scale of the building and adds visual interest.
Figure 20.127.430(6)
Acceptable Examples of Roofline Modulation
21.127.430_6a.tif
Roofline modulation examples for flat roofs.
21.127.430_6b.tif
The bottom left building illustrates a pitched roof example and the bottom right building includes a combination of flat and gabled rooflines.
(Ord. 008-18 § 2 (Exh. 1); Ord. 008-25 § 16 (Exh. O))
§ 20.127.440 Building details.
(1) 
Purpose.
(a) 
To encourage the incorporation of design details and small scale elements into building facades that are attractive at a pedestrian scale.
(b) 
To integrate window design that adds depth, richness, and visual interest to the facade.
(2) 
Facade Details – Nonresidential and Mixed Use Buildings. All commercial and mixed use buildings must be enhanced with appropriate details. All new buildings and additions associated with Level II and III improvements (see POMC § 20.127.020) must employ at least one detail element from each of the three categories below for each facade articulation interval (see POMC § 20.127.430).
For example, a building with 120 feet of street frontage with a facade articulated at 40-foot intervals will need to meet the standards for each of the three facade segments below.
(a) 
At least one window and/or entry treatment, such as the following, must be employed for each articulation interval:
(i) 
Display windows divided into a grid of multiple panes.
(ii) 
Transom windows.
(iii) 
Roll-up windows/doors.
(iv) 
Other distinctive window treatment that meets the purpose of the standards.
(v) 
Recessed entry.
(vi) 
Decorative door.
(vii) 
Other decorative or specially designed entry treatment that meets the purpose of the standards.
Figure 20.127.440(2)(a)
Examples of Decorative or Specially Designed Windows and Entries
21.127.440_2ai.tif
21.127.440_2aii.tif
Examples of decorative or specially designed windows and entries. A = openable storefront window. B = transom windows. C = openable window with decorative details. D = decorative window shades. E = decorative door. F = recessed entry.
(b) 
At least one building element or facade detail, such as the following, must be employed for each articulation interval:
(i) 
Custom-designed weather protection element such as a steel canopy, cloth awning, or retractable awning.
(ii) 
Decorative building-mounted light fixtures.
(iii) 
Bay windows, trellises, towers, and similar elements.
(iv) 
Decorative, custom hanging sign(s) (option only available for building remodels).
(v) 
Other details or elements that meet the purpose of these standards.
Figure 20.127.440(2)(b)
Examples of Attached Elements That Enhance the Visual Intrigue of the Building
21.127.440_2b.tif
Examples of elements attached to facade that enhance the visual intrigue of the building. A = retractable awning. B = custom hanging bike rack and repair station integrated as a storefront design element. C = decorative facade/sign lighting. D and E = custom decorative canopy. F = decorative tower.
(c) 
At least one building material and other facade element, such as the following, must be employed for each articulation interval:
(i) 
Use of decorative building materials/use of building materials. Examples include decorative use of brick, tile, or stonework.
(ii) 
Artwork on building, such as a mural or bas-relief sculpture.
(iii) 
Decorative kick-plate, pilaster, base panel, or other similar feature.
(iv) 
Hand-crafted material, such as special wrought iron or carved wood.
(v) 
Other details that meet the purpose of the standards.
"Custom," "decorative," or "hand-crafted" elements referenced above must be distinctive or "one-of-a-kind" elements or unusual designs that require a high level of craftsmanship.
Departures will be considered provided the facade (at the overall scale and at the individual articulation scale) meets the purpose of the standards above.
Figure 20.127.440(2)(c)
Examples of Decorative Surface Materials
21.127.440_2c.tif
Examples of decorative surface materials. A = decorative brick/design. B = decorative tile-work and column pattern. C = decorative medallion.
21.127.440_2cii.tif
D = decorative mosaic tile work. E = decorative bulkhead. F = decorative materials and design.
(3) 
Window Design Standards. All windows (except storefront display windows) must employ designs that add depth and richness to the facade. At least one of the following features must be included to meet this requirement:
(a) 
Recess windows at least two inches from the facade.
(b) 
Incorporate window trim (at least three inches wide) around windows.
(c) 
Incorporate other design treatments that add depth, richness, and visual interest to the facade.
Departures from the window standards above will be considered provided the design meets the purpose of the standards.
Figure 20.127.440(3)
Acceptable and Unacceptable Window Design Examples
21.127.440_3a.tif
Recessed and/or trimmed windows above.
21.127.440_3b.tif
21.127.440_3c.tif
The window in the left image lacks any other detail that adds visual interest. However, the right example, with its prominent black sash and muntins and frieze/apron details above and below the windows would be acceptable departure design.
(4) 
Cornice/Roofline Design for Flat Roofs. Nonresidential and mixed use buildings employing a flat roof must employ a distinctive roofline that effectively provides an identifiable "top" to the building, including one of the following (Figure 20.127.440(4) below illustrates acceptable and unacceptable examples):
(a) 
A traditional cornice line or a contemporary interpretation of a traditional cornice line. Such rooflines must be proportional to the size and scale of the building.
(b) 
Understated cornice lines are permitted depending on the materials and design of the base and middle elements in reinforcing the base/middle/top configuration.
Rooftop solar units are permitted, provided the placement and design of units visible from the surrounding streetscape are carefully integrated into the overall design concept of the building.
Departure: Alternative roofline designs may be acceptable provided the building design, collectively, meets the purpose of the standards. For example, adding additional articulation treatments and/or detailing may help the building meet the departure criteria.
Figure 20.127.440(4)
Examples of Buildings Employing Confident and Distinctive Rooflines
21.127.440_4a.tif
Building 1 uses a dramatic overhanging cornice at the corner. The left portion of building 1 uses a very simple cornice line – to go with the upper level setback. Building 2 uses a traditional cornice line.
21.127.440_4b.tif
Building 3 uses capped projecting columns along with an understated cornice line. Building 4 uses a very simple roofline – which is acceptable in this case due to the prominence of the wooden canopy.
(5) 
Articulated Building Entries. The primary building entrance for an office building, hotel, apartment building, public or community-based facility or other multi-story commercial building must be designed as a clearly defined and demarcated standout architectural feature of the building. Such entrances must be easily distinguishable from regular storefront entrances on the building. Such entries must be scaled proportional to the building. See Figure 20.127.440(5) below for good examples.
Figure 20.127.440(5)
Acceptable Building Entry Examples
21.127.440_5.tif
(Ord. 008-18 § 2 (Exh. 1); Ord. 008-25 § 16 (Exh. O))
§ 20.127.450 Building materials.
(1) 
Purpose.
(a) 
To encourage the use of durable, high quality, and urban building materials that minimize maintenance cost and provide visual interest from all observable vantage points.
(b) 
To promote the use of a distinctive mix of materials that helps to articulate facades and lends a sense of depth and richness to the buildings.
(c) 
To place the highest priority on the first floor in the quality and detailing of materials at the pedestrian scale.
(2) 
Quality Building Materials. Applicants must use high quality durable materials. This is most important for the base of buildings, particularly for commercial and mixed use buildings where the facade is sited close to sidewalks. At a minimum, stone, brick or tile masonry, or architectural concrete (first two feet only) must be used (excluding window and door areas) for the first floor of cladding on nonresidential or mixed use buildings and the first two feet of residential buildings.
(3) 
Special Conditions and Limitations for Concrete Block (Also Known as Concrete Masonry Unit or CMU). Concrete block may be used as a cladding material if it is incorporated with other permitted materials and/or incorporates a combination of textures and/or colors to add visual interest. For example, combining split or rock-facade units with smooth blocks can create distinctive patterns. The figure below illustrates acceptable concrete block use/designs.
Figure 20.127.450(3)
Acceptable Concrete Block Use/Design
21.127.450_3a.tif
CMU is the primary cladding for the corner element above, but secondary to brick on the main facades. The corner element uses a combination of decorative split-faced CMU closer to the sidewalk and smooth-faced CMU that is colored to look more like traditional white terra cotta tiles.
21.127.450_3b.tif
The above facade illustrates an acceptable alternative example, as CMU is used as the primary cladding material. Note the use of split-facade CMUs above each of the awnings and coupled with the use of smooth-facade CMUs on the vertical columns (which employ black accent tiles for added interest).
(4) 
Special Conditions and Limitations for Metal Siding. Metal siding may be used as a secondary cladding material if it is incorporated with other permitted materials and complies with the following standards:
(a) 
It must feature visible corner molding and trim and must not extend lower than two feet above grade. Masonry, concrete, or other durable material must be incorporated between the metal siding and the ground plane.
(b) 
Metal siding must be factory finished with a matte, nonreflective surface.
(c) 
Use of at least two colors of metal siding on the facade is encouraged but not required.
Departures: Other designs will be considered provided the material's integration and overall facade composition meets the purpose of the standards.
Figure 20.127.450(4)
Acceptable Metal Siding Examples
21.127.450_4.tif
The use of metal siding in each example above is secondary to masonry. The left and right images are more contemporary in character, whereas the middle image is more rustic and industrial, with more refined windows.
(5) 
Special Conditions and Limitations for the Use of Exterior Insulation and Finish System (EIFS). Such material/finishes may be used as a decorative accent cladding material if incorporated with other permitted materials and compliant with the following:
(a) 
EIFS is limited to no more than 20 percent of the total facade area and may not be the primary cladding material.
(b) 
EIFS must feature a smooth or sand finish only.
(c) 
EIFS must be trimmed in wood, masonry, or other material and must be sheltered from weather by roof overhangs or other methods.
(d) 
EIFS must not extend lower than eight feet above grade. Concrete, masonry, or other durable material must be used for ground level wall surfaces to provide a durable surface where damage is most likely.
Departures to allow up to 50 percent coverage of the facade and other design treatments will be considered provided the material's integration and overall facade composition meet the purpose of the standards.
Figure 20.127.450(5)
Acceptable and Unacceptable EIFS Examples
21.127.450_5.tif
Note the use of brick and decorative concrete block on the ground level and EIFS on the second floor of the left image. The window treatments visible on the second floor add depth and interest to the facade. The right image employs EIFS between the window and sidewalk – this design is prohibited.
(6) 
Special Conditions and Limitations for Cementitious Wall Board Paneling/Siding. Such material may be used provided it meets the following provisions:
(a) 
Cement board paneling/siding may not be used on the ground floor of nonresidential or mixed use buildings where adjacent to a sidewalk or other pedestrian path.
(b) 
Where cement board paneling/siding is the dominant siding material, the design must integrate a mix of colors and/or textures that are articulated consistent with windows, balconies, and modulated building surfaces and are balanced with facade details that add visual interest from the ground level and adjacent buildings.
Departures: Other designs will be considered provided the material's integration and overall facade composition meets the purpose of the standards.
Figure 20.127.50(6)
Acceptable and Unacceptable Cementitious Wall Board Examples.
21.127.450_6a.tif
The above building uses cementitious wall board in different textures and colors to help articulate the facade. The white color replicates the board and batten style in the left image and green color in the right image effectively replicates horizontal wood siding.
21.127.450_6b.tif
The wall board panels covering a large area in a single color would not meet the purpose of the standards. The right image is a better example and combines larger panels (dark maroon color) with horizontal wall board siding (beige color) as effective articulation features. Below is a similar acceptable example.
21.127.450_6c.tif
Another acceptable wall board example replicating board and batten style with horizontal siding integrated with different colors and roofline modulation.
(Ord. 008-18 § 2 (Exh. 1); Ord. 008-25 § 16 (Exh. O))
§ 20.127.460 Blank wall treatments.
(1) 
Purpose.
(a) 
To avoid untreated blank walls.
(b) 
To retain and enhance the character of Port Orchard's streetscapes.
(2) 
Blank Wall Definition. A wall (including building facades and retaining walls) is considered a blank wall if it is over 10 feet in height, has a horizontal length greater than 15 feet, and does not include a transparent window or door.
Figure 20.127.460(2)
Blank Wall Definition
21.127.460_2.tif
(3) 
Untreated blank walls visible from a public street, pedestrian-oriented space, common usable open space, or pedestrian walkway are prohibited. Methods to treat blank walls can include:
(a) 
Display windows at least 16 inches of depth to allow for changeable displays. Tack on display cases do not qualify as a blank wall treatment.
(b) 
Landscape planting bed at least five feet wide or a raised planter bed at least two feet high and three feet wide in front of the wall with planting materials that are sufficient to obscure or screen at least 60 percent of the wall's surface within three years.
(c) 
Installing a vertical trellis in front of the wall with climbing vines or plant materials.
(d) 
Installing a mural as approved by the reviewing authority.
(e) 
Special building detailing that adds visual interest at a pedestrian scale. Such detailing must use a variety of surfaces; monotonous designs will not meet the purpose of the standards.
For large visible blank walls, a variety of treatments may be required to meet the purpose of the standards.
Figure 20.127.460(3)
Acceptable and Unacceptable Blank Wall Treatments
21.127.460_3.tif
The left image illustrates that heavy landscaping can be very effective in treating a large blank wall. The building in the middle image uses a combination of planted trellises and display ads integrated with the building's architecture along a facade facing a drive-through. The example in the right image simply does not use enough treatments and the result is a stark and unwelcome streetscape.
(Ord. 008-18 § 2 (Exh. 1); Ord. 008-25 § 16 (Exh. O))
§ 20.132.010 Intent and purpose.
(1) 
Intent. Signs have a strong visual impact on the character and quality of the community. As a prominent part of the scenery, they attract or repel the viewing public, affect the safety of vehicular traffic, and their suitability or appropriateness helps to set the tone for the neighborhood. Because the city relies upon its scenery and physical beauty to attract commerce, aesthetic considerations assume economic value. It is the intent of the city, through this chapter, to protect and enhance the city's historic and residential character and its economic base through the provision of appropriate and aesthetic signage. In addition, it is the intent of the city to limit the size, type and location of signs in order to minimize their distracting effect on drivers and thereby improve traffic safety.
(2) 
Purpose. The purpose of this chapter is to promote the public health, safety and welfare through a comprehensive system of reasonable, effective, consistent, content-neutral and nondiscriminatory sign standards and requirements. This chapter has also been adopted to:
(a) 
Promote and accomplish the goals, policies and objectives of the city's comprehensive plan and zoning code;
(b) 
To provide minimum standards in order to safeguard life, health, property and public welfare, and promote traffic safety by controlling the design, quality of materials, construction, illumination, size, location and maintenance of signs and sign structures;
(c) 
Recognize free speech rights by regulating signs in a content-neutral manner;
(d) 
Promote the free flow of traffic and protect pedestrians and motorists from injury and property damage caused by, or which may be fully or partially attributable to, cluttered, distracting and/or illegible signage;
(e) 
Protect the beauty of the city's built environment by encouraging signs that are compatible with the architectural style, characteristics and scale of the building to which it may be attached, and to encourage signs that are compatible with adjacent buildings and businesses;
(f) 
Protect property values, the local economy, and the quality of life by preserving and enhancing the appearance of the streetscape;
(g) 
Provide consistent sign design standards;
(h) 
Protect and encourage creative and innovative approaches to signage, and signs that are of a quality design, pleasing in appearance and are appropriate in size, materials and illumination to the surrounding neighborhood;
(i) 
Provide an improved visual environment for the citizens of and visitors to the city;
(j) 
Adopt clear, understandable regulations which enable the fair and consistent enforcement of this chapter; and
(k) 
Address emerging trends in digital and electronic sign technologies and provide regulations that facilitate use of such technologies while ensuring protection of motorists and pedestrians from the hazards of glare, startling bursts of light, and use of virtual movement and animation intended to attract driver attention, to hold driver gaze, and/or to otherwise distract drivers from the safe operation of their vehicles. Protect neighborhoods, surrounding development and the night sky from the nuisance factors associated with such glare, movement and animation of digital and electronic signs.
(Ord. 024-17 § 2 (Exh. 1))
§ 20.132.020 Applicability and interpretations.
(1) 
This chapter applies to all signs as defined in POMC § 20.132.290, Definitions, within the city which are visible or audible from any street, sidewalk or public place, regardless of the type or nature. A sign permit shall be required prior to the installation or modification of any sign defined in POMC § 20.132.290 unless the installation or modification of the sign is explicitly listed as exempt from sign permit requirements under POMC § 20.132.030 or if a requirement to obtain a sign permit is explicitly waived in another section of this chapter. Regardless of whether or not a sign is exempt from sign permit requirements, all signs shall comply with the standards of this chapter.
(2) 
This chapter is not intended to, and shall not be interpreted to, restrict speech on the basis of its content, viewpoint, or message. Any classification of signs in this chapter which purports to permit speech by reason of the type of sign, identity of the sign user or otherwise, shall be interpreted to allow commercial or noncommercial speech on the sign. No part of this chapter shall be construed to favor commercial speech over noncommercial speech. To the extent that any provision of this chapter is ambiguous, the term shall be interpreted not to regulate speech on the basis of the content of the message.
(Ord. 024-17 § 2 (Exh. 1))
§ 20.132.030 Exemptions.
The following signs or activities relating to signs are exempt from the sign permit requirements of this chapter:
(1) 
Changes to the face or copy of changeable copy signs, digital signs, electronic messaging signs, provided such changes do not change the material or appearance of the sign as originally permitted by the city.
(2) 
The normal repair and maintenance of conforming or legal nonconforming signs.
(3) 
Temporary signs on private property or public property, meeting the requirements in POMC § 20.132.270, Temporary signs.
(4) 
Building identification numbers as required pursuant to this code (Chapter 20.208 POMC) or any other city or state regulation.
(5) 
Governmental Signs. Signs installed by the city, county, or a federal or state governmental agency for the protection of the public health, safety and general welfare, including, but not limited to, the following:
(a) 
Emergency and warning signs necessary for public safety or civil defense;
(b) 
Traffic and/or wayfinding signs erected and maintained by an authorized public agency;
(c) 
Signs required to be displayed by law;
(d) 
Signs showing the location of public facilities; and
(e) 
Any sign, posting, notice, or similar sign placed by or required by a governmental agency in carrying out its responsibility to protect the public health, safety and general welfare.
(6) 
Flags. Any flags; provided, that they conform to all provisions of this chapter for signs.
(7) 
Certain stone or cement plaques and cornerstones with engraved or cast symbols and permanently embedded in the building's foundation or masonry siding materials, provided that none of these exceed four square feet in area.
(8) 
Interior Signs. Signs or displays located entirely inside of a building and located at least three feet away from transparent doors and windows.
(9) 
Nonvisible Signs. Signs and associated sign support structures not visible or audible beyond the boundaries of the lot or parcel upon which they are located, or from any public right-of-way.
(10) 
Vehicle with Signs. Any sign on a vehicle, unless such vehicle is parked or stationed near an activity for the primary purpose of attracting public attention to such activity, or unless such vehicle or mobile unit is regularly parked in any prominently visible location for the primary purpose of attracting public attention to the sign.
(11) 
Temporary Signs in Windows. Any temporary sign taped or otherwise affixed to the inside of a window, in such a manner as to be easily removed, provided that the total area of such sign in any one window does not exceed the size limitations in POMC § 20.132.280, Window signs, and POMC § 20.132.270, Temporary signs.
(12) 
Bench Signs. Any outdoor bench or furniture with any signs other than plaques one square foot or less in area.
(13) 
Privately maintained traffic control signs in a subdivision with private roads or signs in a parking lot.
(Ord. 024-17 § 2 (Exh. 1))
§ 20.132.040 Prohibited signs.
No person shall erect, alter, maintain or relocate any of the following signs in the city:
(1) 
Animated Signs. A rotating or revolving sign or signs where all or a portion of the sign moves in some manner. This includes any sign animated by any means, including: fixed aerial displays; balloons; pennants; spinners, propellers, whirling, or similar devices designed to flutter, rotate or display other movement under the influence of the wind, including flag canopies and feather signs not otherwise allowed in this chapter; streamers, tubes, or other devices affected by the movement of air or other atmospheric or mechanical means. This does not include historic signs and historic replica signs where the applicant is able to prove, through documentation or other evidence, that the original historic sign produced the same motion/movement and is proposed in the same location. A flag, as defined in this chapter, shall not be considered an animated sign.
(2) 
Nuisance Signs. Any signs which emit smoke, visible particles, odors and sound, except that speakers in drive-through facilities shall be permitted.
(3) 
Bench or furniture signs greater than one square foot in area.
(4) 
Flashing Signs or Lights. A sign that contains an intermittent or flashing light source, or a sign that includes the illusion of intermittent or flashing light by means of animation, or an externally mounted intermittent light source. Flashing light sources are prohibited. Signs with an exposed light source, exceeding the equivalent of 25 watts per incandescent lamp, including clear light bulbs which do not flash on a theater marquee except for neon incorporated into the design of the sign are also prohibited. Electronic message center signs and digital signs are allowed under the provisions of POMC § 20.132.200, Electronic message center (EMC) signs.
(5) 
Hazardous Signs. Any sign that constitutes a traffic hazard or detriment to traffic safety by reason of its size, location, movement or method of illumination, or by obstructing the vision of drivers, or by distracting from the visibility of an official traffic control device by diverting or tending to divert the attention of drivers or moving vehicles from traffic movements on streets, roads, intersections or access facilities. No sign shall be erected so that it obstructs the vision of pedestrians or by glare or method of illumination constitutes a hazard to pedestrians or traffic. No sign may interfere with, mislead or confuse traffic.
(6) 
No sign may impede free ingress and egress from any door, window or exit way required by building and fire regulations.
(7) 
Permanent Signs on Vacant Lots, Parcels or Easements. No permanent sign, except a subdivision entrance sign, shall be located on a vacant lot, parcel or easement. No permanent sign shall be located on a lot, parcel or easement as the principal use of that lot, parcel or easement. Signs may only be established as an accessory use to a principally permitted use. Provided, however, that subdivision entrance signs may be located on tracts under common ownership of a homeowner's association.
(8) 
Portable signs on wheels (trailer signs), changeable copy portable signs and illuminated portable signs.
(9) 
Abandoned signs.
(10) 
Signs on utility poles or trees.
(11) 
Off-Site Controlled Signs. Any sign that is programmed and/or controlled off site.
(Ord. 024-17 § 2 (Exh. 1); Ord. 052-22 § 2)
§ 20.132.050 Sign permits.
(1) 
Permit Required. No person shall erect, alter or relocate any sign requiring a permit under this chapter without first submitting a sign permit application and receiving approval of the sign permit from the city, unless the sign is identified as exempt under POMC § 20.132.030, Exemptions. Some sign types may be regulated under other codes adopted by the city, which may require additional permits that are subject to additional regulations, including, but not limited to, the building code (Chapter 20.200 POMC) and street use permits (Chapter 12.24 POMC). Signs for which permits are not required shall nonetheless comply with all applicable provisions of this chapter.
(2) 
Review Procedures. A sign permit is a Type I permit application pursuant to POMC § 20.22.030, and the requirements of that section shall be followed in the processing of sign permit applications:
Refer to Chapter 20.24 POMC for general application, review and approval procedures; specific application requirements for sign permits are below.
(3) 
Application Requirements. A complete sign permit application shall consist of the following:
(a) 
Application Form. A completed sign permit application, including the applicant's name, address, phone number, and email address. If the applicant is not the property owner, then the property owner must be identified, and the application must include an affidavit from the property owner, verifying that the property owner has given permission to the applicant for the submission of the sign permit application and for the installation/posting of the sign on the property owner's property.
(b) 
Other Permit Applications. A completed building permit application, if required under the city's building code; a completed street use permit application, if required under Chapter 12.24 POMC; a completed special event permit application, if required under Chapter 5.94 POMC.
(c) 
Building Elevation/Site Plan. Signs proposed to be mounted on a building require a building elevation drawn to scale that specifies the locations and size of existing signs on the building, the location and size of new signs proposed on the building, the dimensions of the wall plane upon which the signs will be placed, and drawings or photographs which show the scale of the sign in relation to surrounding doors, windows and other architectural features. Freestanding signs require a site plan indicating the proposed sign location as it relates to property lines, surrounding landscaping, adjacent streets, driveways, and adjacent buildings.
(d) 
Detailed Description of Sign. A scaled colored rendering or drawing of the sign and its associated support structure, including dimensions of all sign faces, and descriptions of materials to be used on the sign and associated trim caps, fixtures, and support structure; description of the sign face illumination and methods used to ensure that only text, graphics and logo shields are internally illuminated.
(e) 
Scaled Installation Drawing. A scaled drawing that includes the sign description, proposed materials, size, weight, manner of construction and method of attachment, including all hardware necessary for proper sign installation, and, if applicable, foundation design.
(f) 
Lighting. A drawing indicating the location and fixture type of all exterior lighting for the proposed signs. The drawing shall specify wattage and lamp type to ensure compatibility with the lighting standards in POMC § 20.132.090, Sign illumination.
(g) 
Master Sign Plan. If the sign is subject to a master sign plan as described in POMC § 20.132.060, Master sign plans, a master sign plan must be included as part of a complete sign permit, unless a master sign plan for the site or building has already been approved, is current, and is on file with the city.
(h) 
Fees. Payment of the appropriate sign permit fee (and all other fees, such as building permit fees).
(4) 
Criteria for Approval.
(a) 
Sign permit applications shall be reviewed by the community development director for consistency with the standards in this chapter, according to sign type and other applicable regulations. A sign permit shall not issue unless the director makes findings that the criteria applicable to each sign type, as well as the general standards in this chapter, are satisfied. Building permit applications associated with signs shall be reviewed by the building official for consistency with the building code. If the sign requires a street use or special event permit, the application shall be submitted with the sign permit application for review by the public works director or city clerk.
(b) 
A sign permit shall not issue unless the director makes findings that the criteria applicable to each sign type in this chapter are satisfied, and further, that the sign does not exceed the limits in this subsection for the business or use set forth below:
(i) 
Calculation of Maximum Size Allowance. The maximum total aggregate sign area of all signs permitted for a business or use shall not exceed one square foot of sign area for each one foot of principal building frontage occupied by such business or use. In addition, one square foot of sign area for each 200 square feet of gross floor area occupied by such business may be included in the calculation of the total area permitted. The total aggregate sign area is the combined total display area of all types of signs located on the premises measured in square feet, but not including exempt or temporary signs.
(ii) 
Building Setback from Street. The tenants of a building which is set back 100 feet or more from the street may increase the wall sign area otherwise permitted to face such street by 25 percent; provided, that the total sign area on any one building frontage still does not exceed 200 square feet.
(iii) 
Buildings with More Than One Frontage. Any business which has more than one building frontage may have 160 percent of the sign surface area permitted on the principal frontage by the provisions of subsection (4)(b)(i) of this section. The permitted sign surface area may be distributed in any manner on the front and adjacent sides of the building which have frontage subject to the placement limitations of subsection (4)(c) of this section, but in no event shall the sign surface area on any building facade exceed 100 percent of the sign surface area permitted by subsection (4)(b)(i) of this section. Building frontage opposite the principal frontage may have additional sign area calculated in the same manner and subject to the same size and placement regulations as for the principal frontage, as long as two adjacent frontages do not exceed 160 percent of the permitted sign surface area.
(c) 
Other Criteria for Approval. In addition to the above, the director shall make written findings that the sign meets all of the criteria in this chapter for sign placement, maximum height, location on the property, zone, etc.
(5) 
Notice of Final Decision. A notice of decision incorporating the decision on the sign permit application shall issue within the time established in POMC § 20.24.110(3)(a) after issuance of the determination of completeness. This deadline shall not apply if a street use permit or special event permit is required.
(6) 
Expiration of Sign Permit. Once the sign permit for the sign issues, the sign must be installed within 180 days or the sign permit will expire. Building permits and street use permits shall expire in accordance with other applicable code provisions. No sign may be erected if the sign permit has expired, even if the associated building permit and/or street use permit has not expired.
(Ord. 024-17 § 2 (Exh. 1); Ord. 019-24 § 19)
§ 20.132.060 Master sign plans.
(1) 
Approval Required. Before the city will issue any sign permit relating to space in a proposed new mixed use, nonresidential, multitenant building(s), or multitenant site development, the city must first approve a master sign plan for the building(s) and/or site development. In addition, a master sign plan may be voluntarily developed and maintained by the owner or agent of any new or existing nonresidential use. As an alternative to the procedures included in this section, an applicant may apply for approval under the development agreement procedures under Chapter 20.26 POMC. If a development agreement is utilized, then the development agreement procedures shall replace the procedures in this section; provided, however, that the applicant will still provide the information listed in subsection (3) of this section as part of the review under the development agreement procedures.
(2) 
Review Procedures. A master sign plan is a Type I permit per POMC § 20.22.030. The community development director shall make the decision on the master sign plan without a hearing. Refer to Chapter 20.24 POMC for application, review and approval procedures.
(3) 
Application Requirements. A complete master sign plan application shall consist of the following:
(a) 
A complete master sign plan application, including the applicant's name, address, phone number and email address. If the applicant is not the property owner(s), then the property owner(s) must be identified and the application must include an affidavit from the property owner(s), verifying that the property owner(s) has given permission to the applicant for the submission of the master sign plan application. No sign may be placed upon real property without the consent of the real property owner(s);
(b) 
A site plan drawn to legible scale, indicating the location of all buildings, driveways and pavement areas, landscape areas, abutting streets and proposed freestanding signs on the site;
(c) 
Elevation drawings of each building on a site that indicate proposed sign locations on each of the buildings;
(d) 
Maximum allowable signage on each elevation based upon a five percent calculation of all facades;
(e) 
The master sign plan application shall identify the sign features and sign types proposed to be used on each building and the proposed location. In addition, a statement shall be included which describes the manner in which the building or site owner wishes to allocate allowable signage among tenants and where specific tenant signage shall be located;
(f) 
A narrative description of the development to demonstrate that the master sign plan meets the required design standards of this chapter; and
(g) 
Fees. Payment of the appropriate fee for a master sign plan.
(4) 
Criteria for Approval. All signs in the master sign plan must meet the criteria for approval in POMC § 20.132.050, Sign permits. In addition, all of the signs in the master sign plan:
(a) 
Shall be architecturally similar and visually related to each other through the incorporation of common design elements. Up to two sign types may be used on any one building. All sign cabinets, trim caps and all sign supports such as poles and braces shall be of a common color;
(b) 
Shall be architecturally integrated with the buildings included in the master sign plan; and
(c) 
Must not obscure the view of other signs which are consistent with this chapter.
(5) 
Notice of Final Decision. See POMC § 20.132.050, Sign permits.
(6) 
Expiration of Master Sign Plan. Once a master sign plan is approved, the signs depicted in the approved plan must be installed within 180 days or the master sign plan will expire. The director may grant a 180-day extension to the master sign plan if such a request is made in writing prior to the expiration of the master sign plan and provided that the sign plan remains consistent with the sign regulations. Building permits and street use permits for any signs shown in the master sign plan shall expire in accordance with other applicable code provisions. No sign may be erected under an expired master sign plan, even if the associated sign permit, building permit or street use permit has not expired.
(7) 
Amendment to Master Sign Plan. An application for an amendment to an approved master sign plan may be made at any time, subject to the same limitations, requirements and procedures as those that apply to an original application in this section. Tenants whose signs are included in the amendment application need the property owner's consent to file such application. In order to approve any such amendment, the director shall consider the existing signs on the building(s) subject to the approved plan when determining whether the application meets the criteria for approval in subsection (4) of this section.
(Ord. 024-17 § 2 (Exh. 1); Ord. 010-23 § 3)
§ 20.132.070 Sign variances.
(1) 
Approval Required. A variance may be granted from the strict application of the regulations in this chapter which apply to: (a) sign placement on a parcel or building frontage; (b) sign area; or (c) sign height, as regulated in this chapter. A variance may not be granted to allow any prohibited signs or prohibited sign features, as described in POMC § 20.132.040, or for any other purpose not listed in this subsection (1). The variance procedure in this section does not apply to any street use permit or building permit.
(2) 
Need for Sign Permit, Consolidation of Processing. A sign variance application may be submitted before or concurrent with the associated sign permit application. No sign permit application requiring a variance for issuance will be processed without a sign variance application unless the applicant specifically requests that the application be processed without a variance.
(3) 
Review Procedures. A sign variance is a Type II permit pursuant to Table 20.22.020. Refer to Chapter 20.24 POMC for application requirements and permit processing steps.
(4) 
Application Requirements. A complete sign variance application shall consist of the following:
(a) 
Application Form. A completed sign variance application, including the applicant's name, address, phone number and email address. If the applicant is not the property owner, then the property owner must be identified and the application must include an affidavit from the property owner, verifying that the property owner has given permission to the applicant for the submission of the sign variance application and for the installation/posting of the sign on the property owner's property.
(b) 
Sign Permit Application. A completed sign permit application containing all of the materials required by POMC § 20.132.050, Sign permits. However, the applicant may submit a variance application without a sign permit application as provided in subsection (2) of this section.
(c) 
A narrative report which describes the requested variance in detail. The report shall identify all of the sections of this chapter from which the applicant is requesting the variance, as well as the nature and extent of the variance (in area, location on the property, height).
(d) 
The narrative report shall also include the applicant's description of the manner in which the sign variance satisfies all of the variance criteria in subsection (5) of this section.
(e) 
Fees. Payment of the appropriate sign variance application fee.
(5) 
Variance Criteria for Approval. Sign variance applications shall be reviewed by the community development director to determine whether all of the following criteria are satisfied. In order to approve any sign variance, the director must make written findings to show that all of the following criteria have been met:
(a) 
The request for a sign variance is due to unusual conditions pertaining to sign visibility needs for a specific building or lot; and
(b) 
The sign will not create a hazard; and
(c) 
The sign will not violate any state statute or any city code provision (other than the ones identified in this chapter relating to signs); and
(d) 
The sign will not negatively affect adjacent property; and
(e) 
The sign will be in keeping with the general character of the surrounding area and the granting of the variance would not result in an alteration of the essential character of the surrounding area; and
(f) 
The proposed variance is consistent with the purposes and intent of the zoning code and the purposes of this chapter; and
(g) 
The variance is consistent with the city's comprehensive plan; and
(h) 
The applicant has established that there are practical difficulties in complying with the provision(s) of this chapter and that the proposed sign is a reasonable use of the property. Economic considerations alone do not constitute practical difficulties; and
(i) 
The plight of the applicant is due to circumstances unique to the property, which were not created by the applicant or landowner; and
(j) 
The variance will not permit any sign or use that is not allowed in the zoning district where the affected land is located, nor will it allow any sign or sign feature prohibited under POMC § 20.132.040, Prohibited signs.
(6) 
First Amendment Exception/Variance. Where an applicant can demonstrate that the strict application of the regulations in this chapter would violate their First Amendment rights, the city may grant a variance that does not conform to all of the variance criteria in subsection (5) of this section. However, the applicant shall submit an application which provides their response to each of the variance criteria in subsection (5) of this section. The city need not make findings that all of the variance criteria have been satisfied, but the city shall grant such variance only to the extent reasonably necessary to protect the applicant's First Amendment rights. If a First Amendment exception is granted, it shall be treated as an approval of a variance for purposes of this chapter.
(7) 
Notice of Final Decision. A notice of decision incorporating the decision on the variance application shall issue not more than 120 days after issuance of the determination of complete application.
(8) 
Expiration of Variance. If the variance is approved, the sign identified in the variance must be installed within 180 days or the variance will expire. No sign may be erected if there is no sign permit for the sign, or if the variance or the sign permit has expired, even if the applicant has received associated building permits or a street use permit, and the latter have not expired.
(Ord. 024-17 § 2 (Exh. 1); Ord. 010-18 § 23; Ord. 017-23 § 1 (Exh. A))
§ 20.132.080 Nonconforming signs, maintenance, removal and enforcement.
(1) 
Nonconforming Signs. Any lawful nonconforming sign may be continued, as long as it is maintained only in the manner and to the extent that it existed at the time it became nonconforming. Illegal signs shall not be considered nonconforming signs. Nonconforming signs are subject to the provisions of Chapter 20.54 POMC, Nonconforming Uses and Structures.
(2) 
Maintenance. It is unlawful for any owner of record, lessor, lessee, manager or other person having lawful possession or control over a building, structure or parcel of land to fail to maintain any signs on the building, structure or parcel in compliance with this chapter, building code and the zoning code. Failure to maintain a sign constitutes a violation of this chapter, and shall be subject to enforcement under the provisions of Chapter 20.02 POMC, Administration and Enforcement.
(a) 
Sign Maintenance. All signs, whether or not in existence prior to adoption of this chapter, shall be maintained. Maintenance of a sign shall include periodic cleaning, replacement of flickering, burned out or broken light bulbs or fixtures, repair or replacement of any faded, peeled, cracked or otherwise damaged or broken parts of a sign, removal of signs for businesses that no longer occupy a building or site, and any other activity necessary to restore the sign so that it continues to comply with the requirements and contents of the sign permit issued for its installation and provisions of this chapter.
(b) 
Landscape Maintenance. Required landscaped areas shall receive regular repair and maintenance. Plant materials that do not survive after installation in required landscape areas are required to be replaced within six months of the plant's demise or within the next planting season, whichever event first occurs.
(3) 
Removal. Any vacant and/or unused sign support structures, angle irons, sign poles or other remnants of old signs which are currently not in use, or are not proposed for immediate reuse by a sign permit application for a permitted sign, shall be removed. In addition to the remedies in Chapter 20.02 POMC, Administration and Enforcement, the director shall have the authority to require the repair, maintenance or removal of any sign or sign structure which has become dilapidated or represents a hazard to the safety, health or welfare of the public, at the cost of the sign and/or property owner.
(4) 
Enforcement. Violations of the provisions of this chapter shall be enforced according to Chapter 20.02 POMC, Administration and Enforcement.
(Ord. 024-17 § 2 (Exh. 1))
§ 20.132.090 Sign illumination.
(1) 
General. No temporary sign may be illuminated. No sign located in a residential zone may be illuminated, except that on parcels two acres in size or greater or a subdivision entrance sign, signs may be halo illuminated or illuminated as necessary for allowable digital signs. Permanent signs allowed by this chapter may be nonilluminated, or illuminated by internal light fixtures, halo illuminated, or have external indirect illumination, unless otherwise specified. All illuminated signs shall comply with the time limitations of subsection (4) of this section.
(2) 
Externally Illuminated Signs.
(a) 
Except as provided in this subsection, externally illuminated signs shall be illuminated only with steady, stationary, fully shielded light sources directed solely onto the sign without causing glare. Light shielding shall ensure that the lamp or light source is not visible beyond the premises and shall further ensure that the light is contained within the sign face.
(b) 
A light fixture mounted above the sign face may be installed with its bottom opening tilted toward the sign face, provided:
(i) 
The bottom opening of the light fixture is flat (i.e., it could be covered by a flat board allowing no light to escape); and
(ii) 
The uppermost portion of the fixture's opening is located no higher than the top of the sign face, as shown in Figure 1 below. Light fixtures aimed and installed in this fashion shall be considered fully shielded.
Figure 1
External Sign Lighting Configurations
Permitted and Prohibited External Sign Lighting Configurations
20.132.090_1.tif
(3) 
Internally Illuminated Signs.
(a) 
Internally illuminated signs shall be constructed with an opaque sign face background with translucent text and symbols and/or logo shields. If the sign owner desires to have the entire sign face visible at night, an external light source may be used to illuminate the sign, subject to the illumination standards in this chapter.
(b) 
In no case may an internally illuminated sign, a digital sign or an electronic message center sign exceed a light output of 50 nits in a residential zone or 100 nits in a nonresidential zone during nighttime hours.
(c) 
Neon sign lighting is allowed in nonresidential zones only and shall not exceed 100 nits per sign face. An example of a neon sign is shown in Figure 2 below.
Figure 2
Neon Sign
20.132.090_2.tif
(4) 
Time Limitations. All signs over three square feet in area shall be turned off by 11:00 p.m., or when the business closes, whichever is later. Signs subject to time limitations are required to have functioning and properly adjusted automatic shut-off timers.
(Ord. 024-17 § 2 (Exh. 1); Ord. 052-22 § 3)
§ 20.132.100 Sign materials.
(1) 
Temporary Signs. The construction of temporary signs is described in the definition of "temporary sign" in POMC § 20.132.290, Definitions. However, temporary signs may be made of any material; provided, that the temporary sign otherwise conforms to the requirements of this chapter, including, but not limited to, POMC § 20.132.270, Temporary signs.
(2) 
Permanent Signs. Permanent signs must be manufactured of durable materials that withstand the effects of water and wind. The following additional requirements apply to any permanent signs larger than 30 square feet, except for window signs located inside glass:
(a) 
Paper-faced sign, including vinyl-coated paper and those applied with adhesives, are not allowed. Canvas or vinyl signs must be made of minimum 20-ounce materials with polymeric plasticizers for durability.
(b) 
Sign faces made of canvas, fabric, vinyl or similar pliable materials that are attached to permanent sign structures must be mounted behind a perimeter frame or trim cap so that the edges of the sign face are not exposed, except that flags made of 100 percent spun polyester are exempt from this requirement.
(Ord. 024-17 § 2 (Exh. 1))
§ 20.132.110 Sign placement and location restrictions.
(1) 
City Right-of-Way. No sign may be placed within the roadway portion of the city's right-of-way, except as otherwise permitted in this chapter. If a sign is allowed within a city right-of-way, a street use permit or special event permit may be required.
(2) 
Attached to Vehicles on Private Premises. No sign may be mounted, attached or painted on a trailer, boat or motor vehicle, which is parked, stored or displayed conspicuously on private premises in a manner intended to attract the attention of the public. (This excludes signs that are permanently painted or wrapped on the surface of the vehicle, or adhesive vinyl film affixed to the interior or exterior surface of a vehicle window, or signs magnetically attached to motor vehicles or rolling stock that are actively used in the daily conduct of business. However, such vehicles shall be operable and parked in a lawful or authorized manner.)
(3) 
Attached to Other Fixtures. No sign may be painted, attached or mounted on fuel tanks, storage containers and/or solid waste receptacles or their enclosures, except for information required by law.
(4) 
Freeway-Oriented Signs. Freeway-oriented signs are prohibited, except in the following instances:
(a) 
Building-mounted wall signs (POMC § 20.132.170), window signs (POMC § 20.132.280) and temporary signs (POMC § 20.132.270) as otherwise allowed by this chapter may face the freeway if:
(i) 
They are installed by a business that has its primary customer entrance facing the freeway; and
(ii) 
The wall, window or temporary sign also faces an intervening parking lot or frontage road that serves the business.
(b) 
Freestanding signs as otherwise allowed by this chapter are allowed for businesses located on and facing frontage roads along freeways, even if such signs are incidentally visible from the freeway.
(Ord. 024-17 § 2 (Exh. 1))
§ 20.132.120 Sign area measurements.
Sign area for all sign types is measured as follows:
(1) 
Background Panel or Surface. Sign copy mounted, affixed or painted on a background panel or surface distinctively painted, textured or constructed as a background for the sign copy, is measured as that area contained within the smallest rectangle, parallelogram, triangle, or circle that will enclose the sign copy and the background.
(2) 
Individual Letters or Graphics. Sign copy mounted as individual letters or graphics against a wall, fascia, mansard or parapet of a building or surface of another structure, that has not been painted, textured or otherwise altered to provide a distinctive background for the sign copy, is measured as the sum of the smallest square, rectangle, parallelogram, triangle or circle that will enclose each word, name, sentence and complete message, and each graphic in the sign.
(3) 
Illuminated Surface. If sign copy is mounted, affixed or painted on an illuminated surface or illuminated element of a building or structure, the sign area is measured as the entire illuminated surface or illuminated element which contains sign copy. Such elements may include, but are not limited to, illuminated canopy fascia signs and/or interior illuminated awnings.
(4) 
Backlit Translucent Panels. Backlit translucent panels and spandrels, with or without text or graphics, are measured as the area of the height and width of any internally illuminated translucent panel or spandrel, including the side panels if the structure or spandrel is greater than six inches in width.
(5) 
Multiface Signs. Multiface signs, as shown in Figure 8, are measured as follows:
(a) 
Two Face Signs. If the interior angle between the two sign faces is 45 degrees or less, the sign area is of one sign face only. If the angle between the two sign faces is greater than 45 degrees, the sign area is the sum of the areas of the two sign faces.
(b) 
Three or Four Face Signs. The sign area is 50 percent of the sum of the areas of all sign faces.
(c) 
Spherical, free-form, sculptural or other nonplanar sign area is measured as 50 percent of the sum of the areas using only the four vertical sides of the smallest four-sided polyhedron that will encompass the sign structure. Signs with greater than four polyhedron faces are prohibited.
(Ord. 024-17 § 2 (Exh. 1))
§ 20.132.130 Sign height measurement.
Sign height is measured as follows:
(1) 
Freestanding Signs. Sign height is measured as the vertical distance from natural grade at the base of a sign to the top of the sign, including the sign support structure; except that signs within 25 feet of an adjacent road may be measured as follows:
(a) 
If natural grade at the base of a sign is higher than the grade of the adjacent road, sign height shall be measured from the base of the sign.
(b) 
If natural grade at the base of the sign is lower than the grade of an adjacent road, the height of the sign shall be measured from the top of curb or road-grade elevation; provided, that fill is placed between the curb and the sign and extends at least five feet beyond the base of the sign in all directions.
(Ord. 024-17 § 2 (Exh. 1))
§ 20.132.140 Sign structure and installation.
(1) 
Support Elements. Any angle iron, bracing, guy wires or similar features used to support a sign shall not be visible from publicly accessible areas.
(2) 
Electrical Service. When electrical service is provided to freestanding signs or to signs located on a wall within a landscaped area, all such electrical service is required to be underground and concealed. Electrical service to building-mounted wall signs, including conduit, housings and wire, shall be concealed or, when necessary, painted to match the surface of the structure upon which they are mounted. An electrical permit must be issued prior to the installation of any new signs requiring electrical service.
(3) 
Raceway Cabinets. Raceway cabinets, where used as an element of building-mounted wall signs, shall match the building color at the location of the building where the sign is located. Where a raceway cabinet provides a contrast background to sign copy, the colored area is considered part of the sign face and is counted in the aggregate sign area permitted for the site or business. Examples of raceway cabinets are shown in Figure 3.
Figure 3
Raceway Cabinets
20.132.140_1.tif
(4) 
Limitation on Attachments and Secondary Uses. All permitted sign structures and their associated landscape areas shall be kept free of supplemental attachments or secondary uses including, but not limited to, supplemental signs not part of a permitted sign, light fixtures, newspaper distribution racks or trash containers. The use of sign structures and associated landscape areas as bicycle racks or support structures for signs that are not permitted is prohibited.
(Ord. 024-17 § 2 (Exh. 1))
§ 20.132.150 Accessory signs.
The installation or modification of an accessory sign shall require a sign permit unless the activity related to the sign installation or modification is listed as exempt under POMC § 20.132.030. No permit shall be issued for an accessory sign which does not comply with the following standards:
(1) 
Number. A maximum of one sign at each vehicle point of entry or egress, not to exceed four accessory signs per parcel.
(2) 
Location. Flexible; provided, that the number of signs in subsection (1) of this section is not exceeded; and provided, that the signs comply with the setback standards for freestanding signs in POMC § 20.132.210.
(3) 
Zones. Not allowed in residential zones.
(4) 
Design. Nonilluminated or internal illumination only. Any accessory sign with electronic display must conform to all digital sign and/or electronic message center sign standards in POMC § 20.132.190, Digital signs, and POMC § 20.132.200, Electronic message center (EMC) signs.
(5) 
Size. Maximum sign area: three square feet per face; may be double-sided.
(6) 
Height. Mounting height:
(a) 
Building-mounted wall sign (POMC § 20.132.170): maximum of eight feet; must be flat against a wall of the building.
(b) 
Freestanding sign (POMC § 20.132.210): maximum of three feet from grade.
Figure 4
Accessory Signs
20.132.150_1.tif
(7) 
Drive-Through Large Accessory Signs. In addition to the accessory signs allowed for vehicle points of entry, and in addition to freestanding signs otherwise allowed under POMC § 20.132.210, large accessory signs are allowed for each point of entry to a drive-up window, subject to the following standards:
(a) 
Maximum sign area per drive-up point of entry: 45 square feet.
(b) 
Maximum sign size: 50 square feet.
(c) 
Maximum sign height: five feet, six inches, including the associated sign structure.
(d) 
Orientation. Large accessory signs must be oriented so that the sign face is not visible from the view of the street or public-right-of way.
(e) 
Screening. All sides of large accessory signs must be screened from the view of the street or public right-of-way with landscaping or walls of brick, stone or siding materials that match the principal walls of the building to which the sign applies. If landscaping is used for screening, it must provide full screening at maturity and must be large enough at planting to provide at least 70 percent screening of the sign.
(f) 
Audio. No sound or amplification may be emitted that is audible beyond the site.
(Ord. 024-17 § 2 (Exh. 1))
§ 20.132.160 Awning and canopy signs.
The installation or modification of an awning or canopy sign shall require a sign permit unless the activity related to the sign is listed as exempt under POMC § 20.132.030. No permit shall be issued for an awning or canopy sign which does not comply with the following standards:
(1) 
Number. One awning or canopy sign is allowed for each primary entrance to a building or tenant space. In addition, one awning or canopy sign may be allowed on a secondary entrance which faces a public street or on-site parking area. (As used in this subsection, "street" shall include freeways, but exclude alleys and service ways.) The awning/canopy sign may only be placed on the ground floor level facade of the building.
(2) 
Area. The sign area on the primary elevation shall not exceed one square foot of sign area per lineal foot of awning or canopy width. A maximum of 40 percent of an awning or canopy on which signage is proposed may be of an angle greater than 60 degrees from horizontal.
Figure 5
Awning/Canopy Sign
20.132.160_1.tif
(3) 
Location.
(a) 
An awning/canopy sign may not be mounted higher than a maximum of 25 feet above grade or the sidewalk adjacent to the ground floor.
(b) 
An awning/canopy sign shall not project above, below or beyond the edges of the face of the building wall or architectural element on which it is located.
(c) 
No part of the sign, as a part of, or displayed on the vertical surface of an awning/canopy, shall project beyond the edges of the awning/canopy surface on which it is displayed. If an awning/canopy is placed on multiple store fronts, each business or tenant space is permitted signage no greater than 60 percent of the store width or tenant space.
(d) 
The awning/canopy shall not extend horizontally a distance greater than 60 percent of the width of the awning/canopy or valance on which it is displayed.
(4) 
Zone. Not allowed in residential zones.
(5) 
Illumination. If sign letters or logos are to be backlit or internally illuminated, only the face area containing the letters or logos may be illuminated. All illumination must be internal behind the surface of the awning/canopy. The sign may also be externally illuminated as allowed by POMC § 20.132.090.
(Ord. 024-17 § 2 (Exh. 1))
§ 20.132.170 Building-mounted wall signs.
The installation or modification of a building-mounted wall sign shall require a sign permit unless the activity related to the sign installation or modification is listed as exempt under POMC § 20.132.030. No permit shall issue for a building-mounted wall sign which does not comply with the following standards:
(1) 
Residential Zones. The maximum building-mounted wall signage allowed in residential zones is as follows:
(a) 
Size of Parcel or Site. Wall signs are not allowed on sites smaller than two acres, except for address numbers as required by law.
(b) 
Area. Four square feet total.
(c) 
Design. Nonilluminated.
(d) 
Development Type. A mixed use building (i.e., containing residential and nonresidential uses) shall be regulated as a nonresidential use for signage according to this chapter.
(2) 
Nonresidential Zones.
(a) 
Size of Parcel or Site. No restrictions.
(b) 
Area. The total signage may be up to five percent of the area of the facade upon which the sign is placed. Width: not to exceed 60 percent of the width of the wall plane upon which the sign is placed or the width of the tenant space. Height: not to exceed 70 percent of the height of the blank wall space or fascia on which the sign is mounted. In the absence of a building height measurement, the city will assume 10 feet in height per story excluding basements.
(c) 
Location on Building. Signs may not cover or obscure important architectural details of a building, such as stair railings, windows, doors, decorative louvers or similar elements intended to be decorative features of a building design. Signs must appear to be a secondary feature of the building facade.
(d) 
Illumination, Flush or Tight Mounted. All individual letter signs shall be installed to appear flush-mounted. If the letters are illuminated and require a raceway, the letters shall be installed tight against the raceway, which shall be painted to match the color of the surface to which the raceway is mounted. For new construction, the raceway shall be recessed to allow letters to be flush with the wall surface.
(e) 
Design. Where more than one sign is allowed for a business or tenant space, all signs shall be consistent in design, style, color and method of illumination. Where there are multiple businesses or tenants on a site, all signs shall conform to a master sign plan, if applicable, consistent with POMC § 20.132.060.
Figure 6
Standards for Building-Mounted Signs
20.132.170_1.tif
(Ord. 024-17 § 2 (Exh. 1))
§ 20.132.180 Changeable copy sign.
Changeable copy signs may be either wall-mounted or freestanding; roof-mounted changeable copy signs are not permitted. Changeable copy signs shall comply with the requirements, including permitting requirements, of the underlying sign type according to POMC § 20.132.170, Building-mounted wall signs, or POMC § 20.132.210, Freestanding signs, as well as the following additional requirements:
(1) 
Number. No more than one changeable copy sign shall be allowed for each parcel, except that additional changeable copy signs are permitted as follows:
(a) 
The additional changeable copy sign(s) must be placed at least 100 feet from abutting streets or rights-of-way; and
(b) 
When the area, height and quantity of additional changeable copy signs are added to the first changeable copy sign, the total changeable copy sign(s) must not exceed the total maximum area, height, and quantity standards otherwise applicable to any freestanding or building-mounted wall signs on the parcel.
Figure 7
Changeable Copy Sign
20.132.180_1.tif
(2) 
Area. No more than 20 percent of the allowed wall sign area or 50 percent of a freestanding sign face may be changeable copy (this does not apply to signs required by law). Wall-mounted changeable copy signs placed at least 100 feet from abutting street frontages may be a maximum of 50 percent of permitted wall sign area.
(3) 
Placement/Location. Allowed only as an integral part of a building-mounted wall sign or a freestanding sign.
(4) 
Zones. Changeable copy signs are allowed in all zones, but shall not be allowed on properties containing a residential land use unless the residential use is part of a mixed use development when the principal use of the parcel is nonresidential. (Home businesses shall be considered a secondary use (or accessory use) for the purposes of this section.)
(5) 
Design. Nonilluminated changeable copy signs are allowed in all zones. Internally or indirectly illuminated changeable copy signs are allowed in nonresidential zones subject to the illumination standards in POMC § 20.132.090.
(Ord. 024-17 § 2 (Exh. 1))
§ 20.132.190 Digital signs.
A digital sign is not a separately allowed sign type. The purpose of this section is to regulate the manner in which digital sign technology can be applied to sign types that are otherwise allowed in this chapter. It is not intended to allow more signs or larger signs than otherwise permitted in this chapter. No permit shall be issued for a digital sign which does not comply with the following standards:
(1) 
Maximum size: 30 square feet, or as otherwise limited by the size limits of this chapter.
(2) 
Density: one digital sign per 100 feet of street frontage in nonresidential zones, not to exceed one sign per parcel.
(3) 
Zoning: allowed in nonresidential zones only.
(4) 
Maximum luminance: 50 nits during nighttime hours.
(5) 
Motion limits: no motion allowed except for instantaneous change of message.
(6) 
Minimum hold between messages: eight seconds.
(7) 
Programming: to ensure that digital signs are programmed and continue to operate according to local standards, digital signs shall be designed for local on-site control and programming.
(Ord. 024-17 § 2 (Exh. 1))
§ 20.132.200 Electronic message center (EMC) signs.
An EMC sign is not a separately allowed sign type. The purpose of this section is to regulate the manner in which EMC sign technology can be applied to sign types that are otherwise allowed in this chapter. It is not intended to allow more signs or larger signs than otherwise permitted in this chapter. No permit shall issue for an EMC sign which does not comply with the following standards:
(1) 
Maximum size: 30 square feet.
(2) 
Density: one EMC sign per 100 feet of street frontage, not to exceed one per business and tenant space.
(3) 
Zoning: prohibited in residential zones.
(4) 
Minimum parcel size per sign: one acre.
(5) 
Maximum Luminance.
(a) 
Daytime: 5,000 nits.
(b) 
Nighttime (one-half hour before sunset to one-half hour after sunrise): 100 nits. EMC signs shall comply with POMC § 20.132.090(4) concerning time limitations (i.e., EMC signs shall be turned off by 11:00 p.m. or when the business closes, whichever is later).
(c) 
Signs shall include auto-dimming features with light-sensory capabilities to dim the sign to allowable luminance levels during nighttime hours.
(6) 
Motion limits: no motion except for a fade in of the next message with the fade transition being no more nor less than one and one-half seconds. Fade transition is required rather than instantaneous message changes to avoid sudden or startling flashes of light.
(7) 
Minimum hold between messages: 10 seconds, plus one-and-one-half-second transition fade.
(8) 
Programming. To ensure that EMC signs are programmed and continue to operate according to local standards, EMC signs shall be designed for local on-site control and programming. The applicant shall provide a written certificate from the sign manufacturer that the nighttime light intensity has been factory preset not to exceed allowable levels under this section, and that this setting is protected from end-user modification by password-protected software or other method that ensures compliance.
(Ord. 024-17 § 2 (Exh. 1))
§ 20.132.210 Freestanding signs.
The installation or modification of a freestanding sign shall require a sign permit unless the activity related to the sign installation or modification is listed as exempt under POMC § 20.132.030. Freestanding signs, as defined in this chapter, include monument signs, pole signs, and other signs permanently mounted or supported on the ground by posts or braces. No sign permit shall be issued for a freestanding sign which does not comply with the following standards:
(1) 
Number.
(a) 
The number and type of freestanding signs for single and multiple tenant uses are derived from the use, zone, location and length of development site frontage as described in this section.
(b) 
One freestanding sign is allowed for each site frontage. Flag lot sites with frontage on a public street are permitted one freestanding sign on the frontage providing primary access to the site.
(c) 
Where more than one freestanding sign is proposed on a site with multiple frontages, a minimum of 60 linear feet shall separate each sign.
(2) 
Location.
(a) 
No freestanding sign shall be permitted on any site that does not have street frontage.
(b) 
Freestanding signs, except subdivision entrance signs, shall be set back a minimum of five feet from the street-side property line, a minimum of 25 feet from any interior side lot line and a minimum of 30 feet from any residential zoned property.
(c) 
No freestanding sign shall be located in the triangular area(s) measured 15 feet by 15 feet where a driveway enters onto a street, or in any other area which may obstruct the vision of motorists so as to create a safety hazard. The short legs of the triangular area shall be measured along the site frontage and perpendicular to the site frontage at the intersecting driveway. Additionally, all signs are subject to the public works standards regarding sight distances.
(d) 
A freestanding sign may not be approved in conjunction with a roof-mounted sign, or where a roof-mounted sign exists.
(3) 
Height, Support Width, and Area by Freestanding Sign Type.
(a) 
Top-Mounted Pole Signs.
Figure 8
Pole Sign
20.132.210_1.tif
Top-mounted pole signs shall meet the following sign area, height, and support width requirements which shall be based on site frontage:
Site Frontage
Maximum Area per Face
Maximum Height
Maximum Support Width
< 50 feet
24 square feet
6 feet
40% of sign width
50 – 99 feet
36 square feet
10 feet
40% of sign width
100 feet and over
50 square feet
12 feet
40% of sign width
(b) 
Pole and Mast Arm Hanging Signs.
Figure 9
Pole and Mast Arm Sign
20.132.210_2.tif
Pole and mast arm hanging signs shall meet the following sign area and height requirements which shall be based on site frontage:
Site Frontage
Maximum Area per Face
Maximum Height
< 50 feet
16 square feet
10 feet
50 feet and over
16 square feet
10 feet
(c) 
Double Post-Mounted Freestanding Sign.
Figure 10
Double Post-Mounted Freestanding Sign
20.132.210_3.tif
Double post-mounted freestanding signs shall meet the following sign area and height requirements which shall be based on site frontage:
Site Frontage
Maximum Area per Face
Maximum Height
< 50 feet
30 square feet
6 feet
50 – 150 feet
42 square feet
7 feet
150 feet and over
56 square feet
8 feet
(d) 
Monument Freestanding Signs.
Figure 11
Monument Freestanding Sign
20.132.210_4.tif
Monument freestanding signs shall meet the following sign area, base width and height requirements which shall be based on site frontage:
Site Frontage
Maximum Area per Face
Maximum Height
Minimum Sign Base Width
< 50 feet
30 square feet
6 feet
100% of sign width
50 – 150 feet
42 square feet
7 feet
100% of sign width
150 feet and over
56 square feet
8 feet
100% of sign width
(e) 
Subdivision Entrance Signs.
Figure 11a
Subdivision Entrance Sign
20.132.210_fig11.tif
Subdivision entrance signs shall meet the following sign area, height, and base width requirements which shall be based on the number of entrances to a residential subdivision:
Number of Residential Subdivision Entrances
Maximum Number of Subdivision Entrance Signs
Maximum Area per Face
Maximum Height
Minimum Sign Base Width
1 or more
2 per entrance
100 square feet
5 feet
100% of sign width
Location: the location of subdivision entrance signs shall be subject to the approval of the building official; no portion of a subdivision identification sign shall be within a public right-of-way or public easement, except where authorized by a street use permit granted by city council. Subdivision entrance signs shall be located on a separate tract, not on a resultant lot of the residential subdivision, within 50 feet of the adjacent street centerline intersection, at least five feet from an adjacent right-of-way, and satisfy sight visibility standards.
(4) 
Design Requirements.
(a) 
Freestanding signs shall be of a style, material, and design compatible with the associated building.
(b) 
Berming shall not be used to exceed the maximum allowable height of freestanding signs.
(c) 
For monument signs or signs surrounded by a framework, the area of the surrounding structure shall not exceed the allowable sign area by more than 20 percent.
(d) 
Freestanding signs should be sited so that they integrate with the location of street trees and other site landscaping, and to avoid obscuring the view of adjacent freestanding signs.
(e) 
Landscaping at the base of a freestanding sign is required, providing a landscaped area equal to square footage of one face of the freestanding sign; however, this provision does not apply to temporary freestanding signs.
(f) 
If a sign is proposed in a landscaped area, either an existing landscaped area or required landscaping for new development, the sign shall be compatible with the existing or proposed landscaping, and shall be shown on the landscaping plan if applicable.
Figure 12
Landscaped Monument Freestanding Sign
20.132.210_5.tif
Figure 13
Landscaped Pole and Mast Arm Hanging Freestanding Sign
20.132.210_6.tif
(Ord. 024-17 § 2 (Exh. 1); Ord. 052-22 § 4)
§ 20.132.220 Portable signs.
The installation or modification of a portable sign shall require a sign permit unless the activity related to the sign installation or modification is listed as exempt under POMC § 20.132.030. No permit shall be issued for a portable sign (including sandwich boards and pole mounted signs) which does not comply with the following standards:
(1) 
Zone. Allowed only in nonresidential zones, except that temporary portable signs are allowed in residential zones, subject to the provisions of POMC § 20.132.270, Temporary signs.
(2) 
Design and Materials. Must be designed with durable materials, otherwise they will be regulated as temporary signs under POMC § 20.132.270. Portable signs must be designed to withstand wind and include a heavy weighted base for pole-mounted signs, and a heavy weight suspended between the opposing faces of a sandwich board sign.
Figure 14
Portable Signs
20.132.220_1.tif
(3) 
Size and Height. Sandwich board signs: Maximum of four feet in height, maximum of three feet in width. (Note: sandwich board sign height is measured in the open standing position, rather than in closed standing position.) Pole-mounted signs: Maximum of three feet in width, maximum of four feet in height.
(4) 
Number.
Single Tenant Lots: Not more than one portable sign (two signs if the lot has more than 120 linear feet of street frontage) may be displayed per street frontage.
Multitenant Lots: Not more than one portable sign may be displayed per business, per tenant space.
(5) 
Location.
Single Tenant Lots: Must be located at least 10 feet from a side lot line.
Multitenant Lots: Must be located at least 10 feet from a side lot line, and no farther than 10 feet from the primary building or suite occupied by the business unless otherwise approved as part of a master sign program in accordance with this chapter.
No portable sign may be located on or overhanging the city right-of-way (which includes the sidewalk) without a street use permit. Signs shall not be located within the sight distance triangle of a driveway or street intersection or create a public safety hazard, and if located on a sidewalk or other pedestrian access, must be compatible with ADA requirements for unobstructed passage width.
(6) 
Display Hours. Portable signs, including temporary portable signs, may be displayed during business or operating hours only.
(7) 
Type. Portable signs may not be illuminated in any manner.
(Ord. 024-17 § 2 (Exh. 1))
§ 20.132.230 Projecting signs.
The installation or modification of a projecting sign shall require a sign permit unless the activity related to the sign installation or modification is listed as exempt under POMC § 20.132.030. No permit shall be issued for any projecting sign which does not comply with the following standards:
(1) 
Number. One projecting sign may be allowed per tenant space or building frontage. Projecting signs are permitted in addition to allowable wall signage.
(2) 
Sign Size.
(a) 
Nonresidential zones: The face of a projecting sign shall not exceed 12 square feet in area.
(b) 
Residential zones: The face of a projecting sign shall not exceed one and one-half square feet in area.
Figure 15
Projecting Sign
20.132.230_1.tif
(3) 
Location.
(a) 
Projecting signs may extend a maximum of four feet from the building and shall be hung a minimum of six inches from the building.
(b) 
No projecting sign shall be located higher than the first story level of the building.
(c) 
Projecting signs may be located in all residential and nonresidential zones.
(4) 
Design.
(a) 
In nonresidential zones, projecting signs may be illuminated, internally or indirectly. In residential zones, projecting signs may not be illuminated.
(b) 
A projecting sign shall be perpendicular to the building wall to which it is affixed.
(c) 
Projecting signs shall not exceed four inches in thickness.
(d) 
Projecting signs shall be supported by or suspended from solid rods or otherwise tethered or reinforced to avoid movement in wind.
(5) 
Suspended Signs. Signs suspended from the underside of an awning, or attached to the underside of an awning or other cover above a sidewalk or walkway shall be considered projecting signs. This definition includes the downtown marquee located on Bay Street between Orchard Ave. and Harrison Ave.
(6) 
Projecting Signs Overhanging Public Property. Projecting signs overhanging public property, including city right-of-way, shall be regulated as follows:
(a) 
If a projecting sign is suspended from a marquee or awning, no part of the sign shall be located lower than seven feet above the grade of the right-of-way located beneath the sign, including any sidewalk.
(b) 
Projecting signs suspended from a marquee or awning over a public sidewalk shall not extend into or occupy more than two-thirds of the width of the sidewalk as measured from the adjacent building face.
(c) 
Projecting signs attached to a building or suspended from a marquee or awning shall be separated by at least 10 feet unless otherwise approved by the director.
(d) 
Projecting signs attached to a building or suspended from a marquee or awning shall be suspended by chains, cables, or rods of a sufficient gauge to ensure public safety.
(e) 
Any sign that overhangs right-of-way or other public property shall be required to obtain a street use permit and/or a public property use permit, in addition to a sign permit.
Figure 16
Projecting Sign Beneath the Downtown Marquee
20.132.230_2.tif
(7) 
Projecting Signs on Private Property. Projecting signs located on private property that do not overhang public property (including right-of-way) shall be regulated as follows:
(a) 
If a projecting sign is suspended from a marquee or awning, no part of the sign shall be located lower than seven feet above the grade of the sidewalk, street, driveway or parking lot located beneath the sign.
(b) 
Projecting signs attached to a building or suspended from a marquee or awning shall be separated by at least 10 feet unless otherwise approved by the director.
(c) 
Projecting signs attached to a building or suspended from a marquee or awning shall be suspended by chains, cables, or rods of a sufficient gauge to ensure public safety.
(Ord. 024-17 § 2 (Exh. 1))
§ 20.132.240 Roof-mounted signs.
The installation or modification of a roof-mounted sign shall require a sign permit unless the activity related to the sign installation or modification is listed as exempt under POMC § 20.132.030. A roof-mounted sign may be permitted in lieu of some or all of the wall-mounted signage that would otherwise be allowed on a particular building or parcel according to this chapter. No permit shall be issued for a roof-mounted sign which does not comply with the following standards:
(1) 
Number. No more than one roof-mounted sign shall be allowed for each building.
Figure 17
Roof-Mounted Sign
20.132.240_1.tif
(2) 
Area. The total area of the roof-mounted sign, and any wall-mounted sign(s) located on the building facade above which the roof-mounted sign is located, shall not exceed the total amount of wall sign area that would be allowed for that building facade according to POMC § 20.132.170.
(3) 
Location and Height. Allowed on the slope of peaked/sloped roofs only, at a minimum slope of 3:12, and only on the lowest one-third of the slope of the peaked roof. Roof-mounted signs shall be installed so that the structural supports of the sign are minimized. Angle irons, guy wires, braces or other secondary supports shall appear to be an integral part of the roof or roof-mounted sign. Roof-mounted signs shall in no case exceed 25 feet in height above the average grade immediately adjacent to the portion of the roof to which the sign is affixed.
(4) 
Zone. Roof-mounted signs are permitted in nonresidential zones only.
(5) 
Design. Roof-mounted signs may be nonilluminated, internally illuminated or indirectly illuminated; provided, that the light is limited to the sign face only.
(Ord. 024-17 § 2 (Exh. 1))
§ 20.132.250 Service island signs.
The installation or modification of a service island sign shall require a sign permit unless the activity related to the sign installation or modification is listed as exempt under POMC § 20.132.030. No permit shall be issued for a service island sign which does not comply with the following standards:
(1) 
Number and Size.
(a) 
Island Canopies. One sign on the canopy fascia per street frontage, not to exceed 20 percent of the area of canopy fascia to which the sign is mounted.
(b) 
Spandrel Signs and Canopy Support Signs. Spandrel signs shall not exceed 20 percent of the spandrel area, and both spandrel signs and signs attached to canopy support columns shall be deducted from allowable wall signage on the associated principal building on the site.
(2) 
Zone. Not allowed in residential zones.
(3) 
Design. Service island signs and spandrel signs may be internally illuminated, subject to the illumination standards of POMC § 20.132.090. Signs attached to canopy support columns shall not be illuminated.
(Ord. 024-17 § 2 (Exh. 1))
§ 20.132.260 Sign walkers.
Sign walkers are allowed and do not require a sign permit but are subject to the following standards:
(1) 
Permit. A permit is not required for a sign walker, but the sign walker shall comply with all the applicable requirements of this chapter.
(2) 
Number. No limit.
(3) 
Area. The sign walker's sign shall not exceed eight square feet in area, and shall not exceed eight feet in height when held in place.
(4) 
Zone. Allowed in nonresidential zones only.
(5) 
Design. The sign walker's sign cannot be illuminated or made of reflective materials. Sign walkers shall be limited to daylight hours only. A sign walker's sign may not include any element of a prohibited sign as described in POMC § 20.132.040, Prohibited signs.
(6) 
Location. Sign walkers are restricted to a minimum of 30 feet from a street or driveway intersection, measured from the back of the curb or edge of pavement if no curb exists, and shall not be located in any of the following places:
(a) 
On any public property or within public right-of-way, although sign walkers are allowed on public sidewalks;
(b) 
In parking aisles or stalls;
(c) 
In vehicle or pedestrian travel pathways of private streets, including shoulder, bike lane and sidewalk;
(d) 
On fences, walls, boulders, planters, other signs, vehicles, utility facilities or other structures; or
(e) 
In a manner which results in a sign walker physically interfering with or creating a hazardous distraction to motorists, pedestrians or bicyclists.
(Ord. 024-17 § 2 (Exh. 1))
§ 20.132.270 Temporary signs.
(1) 
No Permit Required. A temporary sign does not require a sign permit but shall comply with the standards set forth in this section.
(2) 
Removal. Temporary signs shall be removed if the sign is in need of repair, is worn, dilapidated, or creates a public nuisance. Any temporary sign in the right-of-way that is dilapidated or a nuisance shall be removed by the person responsible for placement of the sign. Temporary signs on public property or within a public right-of-way that do not comply with this chapter will be removed by city personnel. Those removed signs which are not dilapidated or nuisance signs will be stored by the city for up to seven calendar days for retrieval.
(3) 
Materials. See POMC § 20.132.100, Sign materials, and the definition of "temporary sign" in POMC § 20.132.290, Definitions.
(4) 
City Property (Excluding City Right-of-Way). Temporary signs on city-owned property (excluding city right-of-way) are allowed only in conjunction with an approved special event permit.
(5) 
Public Right-of-Way Requirements.
(a) 
Location. Temporary signs are prohibited from being placed within roundabouts, medians, shoulders, travel lanes, and areas of the public right-of-way that are not accessible by a sidewalk or pedestrian walking path. Signs shall not be located within 100 feet of a roadway centerline intersection. Signs shall not be located in rights-of-way adjacent to (on the same side of the street as) city facilities or parks, or any other government-owned facilities and properties. Signs shall not be located within 10 feet of the back of curb, or within 10 feet of a travel lane edge stripe or, where no travel lane edge stripe exists, within 10 feet of the pavement edge. Placement shall only be allowed along the following corridors in locations that otherwise comply with this section:
(i) 
Tremont St.
(ii) 
Tremont Street W.
(iii) 
SE Lund Ave.
(iv) 
SR-160.
(v) 
SE Sedgwick Rd.
(vi) 
SW Sedgwick Rd.
(vii) 
Sidney Ave.
(viii) 
Sidney Rd. SW.
(ix) 
Pottery Ave.
(x) 
Sidney Ave.
(xi) 
SW Old Clifton Rd.
(xii) 
SE Mile Hill Dr.
(xiii) 
Bethel Rd. SE.
(xiv) 
Bethel Ave.
(xv) 
Glenwood Rd. SW.
(xvi) 
Hull Ave.
(xvii) 
Bay St. West of Kitsap St.
(b) 
Approval of Abutting Owner. Approval of the abutting owner is recommended.
(c) 
Type. Signs on stakes that can be manually pushed or hammered into the ground are allowed. All other signs are prohibited, unless specifically allowed by a street use permit.
(d) 
Size and Height. Limited to four square feet per face, and three feet in height.
(e) 
Other Signs. The city may allow permanent or oversize signs in city rights-of-way with a street use permit.
(f) 
Safety. All temporary signs shall be placed in a manner that is safe for all users of the public right-of-way. Temporary signs shall not block access to structures, parked cars, block vehicular sight distance views at corners, intersections, driveways, or block pedestrian walking paths. No temporary sign shall mimic, or be attached to, governmental signs or power poles.
(6) 
Residential Zones. Temporary signs may be placed on private property residentially zoned in accordance with the requirements of this section and the following:
(a) 
Window Signs. Limited to no more than one temporary window sign per residential unit, not to exceed four square feet.
(b) 
Freestanding Signs (Includes Post-Mounted, Stake and Portable Signs).
(i) 
Single-Family Zones. Each temporary freestanding sign shall not exceed four square feet in size and five feet in height, if the sign is mounted on the ground, and not to exceed three feet in height if the sign is stake-mounted or portable. No more than 32 square feet of temporary freestanding signage may be located on any one site.
(ii) 
Multifamily Zones. Each temporary freestanding sign shall not exceed six square feet in size and five feet in height if the sign is post-mounted on the ground, and not to exceed three feet in height if the sign is stake-mounted or portable. No more than 32 square feet of temporary freestanding signage may be located on any one site.
(iii) 
Developments. One post-mounted sign of up to eight feet in height and 32 square feet shall be allowed on site in association with a residential subdivision, during the period of active site development and construction. Such signs may not be permanently installed, and shall be removed upon completion of construction of all homes in the associated subdivision. If site development or construction ceases or is suspended for a period of more than 180 days, the sign shall be removed until construction or development resumes.
(c) 
Surface-Mounted Signs. Limited to sites two acres or larger:
(i) 
Size. The total amount of temporary signage on a site, whether in one sign or multiple signs, must equal no more than 32 square feet.
(ii) 
Location. Must be flatly affixed to walls below the fascia or parapet line, or flatly affixed to on-site fences either facing or abutting the street, or facing inward to the subject site. Signs shall not be attached or tethered to other site improvements.
(7) 
Nonresidential Zones. Temporary signs are allowed on nonresidentially zoned property in accordance with the requirements of this section and the following:
(a) 
Window Signs. Limited to 25 percent of the window area, subject to the window sign requirements of POMC § 20.132.280, Window signs.
(b) 
Freestanding Signs (Including Post-Mounted, Stake and Portable Signs). One sign per street frontage meeting the following conditions:
(i) 
Size/Height. Limited to four square feet and five feet in height if the temporary sign is mounted on the ground.
(c) 
Surface-Mounted Signs.
(i) 
Size. The total amount of temporary signage on a site, whether in one sign or multiple signs, must equal no more than 30 square feet.
(ii) 
Location. Must be flatly affixed to walls below the fascia or parapet line, or flatly affixed to on-site fences either facing the abutting street, or facing inward to the subject site. Signs shall not be attached or tethered to other site improvements.
(8) 
Temporary Signs on Large Properties, Residential or Nonresidentially Zoned Properties. The following temporary signs may be placed on any site at least two acres in size, in accordance with the requirements of this section and the following:
(a) 
Type. Any type.
(b) 
Number/Size/Height. One sign per street frontage. Not to exceed 32 square feet and up to eight feet above ground level.
(c) 
Exclusivity. The sign allowed under this subsection is in lieu of and shall not be displayed with or be in addition to other temporary signs allowed by this section.
(Ord. 024-17 § 2 (Exh. 1); Ord. 024-21 § 1; Ord. 037-23 § 1)
§ 20.132.280 Window signs.
A window sign does not require a sign permit but shall comply with the following standards:
(1) 
Number. No more than one permanent window sign may be placed in a single window.
Figure 18
Window Signs
20.132.280_1.tif
(2) 
Window Coverage. Window signs (temporary and permanent combined) shall not exceed 25 percent of the area of the window on which they are displayed.
(3) 
Location. No higher than second story windows for permanent window signs.
(4) 
Zone. Allowed in all zones.
(5) 
Design. Permanent window signs are limited to individual painted or vinyl letters and graphics, or neon signs constructed with or without a solid or opaque background.
(Ord. 024-17 § 2 (Exh. 1))
§ 20.132.290 Definitions.
The words and phrases used in this section shall be construed as defined in this chapter, unless the context clearly appears otherwise. Unless specifically defined in this section, the definitions set forth in other provisions of this code shall likewise apply to this chapter.
"A"
"Abandoned sign"
means a sign, the face of which has been removed or is broken and is not refaced within 180 days thereafter. Abandoned signs shall also include signs with rusted, faded, peeled, cracked or otherwise deteriorated materials or finishes that have not been repaired within 90 days after the city provides notice of the sign's deteriorated condition under the city's enforcement chapter (Chapter 20.02 POMC).
"Accessory sign"
means a permanent, freestanding sign of limited height and size that provides supplemental opportunity for freestanding signage on a site.
"Aerial sign"
means a freefloating balloon, kite or similar object not directly secured to property within the city.
"A-frame sign"
means signs capable of standing without support or attachment. See also "portable sign."
"Alter"
means to change the copy, color, size, shape, illumination, position, location, construction or supporting structure of a sign, not including ordinary maintenance.
"Area of a sign"
means the smallest square, rectangle, parallelogram or circle that will enclose the extreme limits of writing, representation, logo, or any figure of similar character, together with any frame, background area, structural trim, or other materials or color forming an integral part of the display or used to differentiate such sign from the background against which it is placed. The supports or uprights on which any such sign is supported shall not be included in determining the sign area. The area of signs with two faces shall be considered to be the area of the largest face. The area of signs with three or more faces shall be considered to be the area of the largest face or one-half the area of all of the faces, whichever is less.
"Awning or canopy sign"
means a sign affixed to or imprinted on an attached shelter composed of nonrigid materials such as an awning or a permanent architectural projection or composed of nonrigid materials on a supporting framework, affixed to the exterior wall of a building or extending over a door, entrance, window or outdoor service area. This definition does not apply to gas station canopies and similar permanent, rigid structures, which shall be regulated in the same manner as other buildings according to zoning and land use requirements.
"B"
"Business activity"
means an enterprise offering goods, services, or other consideration to the public, in legal occupancy of a site or of a specific portion of a site and under separate and distinct management from any other enterprise located on the same site.
"Business frontage"
means the horizontal dimensions of a building or individual business elevation measured at ground level.
"C"
Canopy or Awning Sign.
See definition under "awning or canopy sign."
"Changeable copy sign"
means a sign or portion thereof which is designed to have its message or copy readily changed manually or by remote or automatic means without altering or replacing the face or surface. Changeable copy signs support hard-copy text or graphics and do not use digital or electronic text or images.
"D"
"Digital sign"
means a changeable copy sign with monochrome LED (light emitting diodes) text, graphics or symbols over a black, nonilluminated background.
"E"
"Electronic message center sign"
means an electrically activated changeable copy sign having variable message and/or graphic presentation capability that can be electronically programmed by computer or handheld device from a remote location. EMC signs typically use light emitting diodes (LEDs) or liquid crystal display (LCD) as a lighting source.
"Elevation"
means the visible vertical plane of the side of a building from ground level to the roof line.
"Elevation, primary"
means the side of a building directly abutting either a street or a parking area. A business owner may choose which elevation is considered the primary elevation, except that in a multitenant building, the elevation which is contiguous to other businesses shall be the primary elevation.
"Elevation, secondary"
means any elevation of a building not determined to be a primary elevation.
"F"
"Facade"
means the elevation of a building extending from the ground level up to the bottom of the fascia on a pitched roof building, and up to the top of the wall or parapet on a flat roof building. The area of a facade for purposes of calculating allowable wall signage includes the area of the windows and doors but excludes openings that do not have solid coverings, such as breezeways, colonnades and gateways that extend to the backside of the building.
"Face"
means the area enclosed within a perimeter consisting of a series of straight lines at right angles enclosing the extreme limits of characters, lettering, logos, illustration or ornamentation, together with any material or color as to differentiate the sign from the background material on which it is placed.
"Fascia"
means an architectural term for a vertical frieze or board under a roof edge or which forms the outer surface of a cornice, visible to an observer.
"Feather sign"
means a freestanding type of attention-getting device that resembles a sail made of fabric or nylon affixed to a single lightweight pole used for promotional or advertising purposes.
"Flag"
means a flat piece of cloth, with distinctive colors, patterns or symbols, having one end of the cloth attached to a vertical staff (directly or by rope and pulley mechanism) and all other ends freeflowing under natural movement of wind.
"Flag canopy"
means a line of flags, or a series of lines of flags, suspended above a site.
"Flashing sign"
means an electric sign or portion thereof, except electronic message center signs, which changes light intensity in a sudden transitory burst, or which switches on and off in a constant pattern in which more than one-third of the nonconstant light source is off at any one time.
"Freestanding sign"
means any sign which is supported by a solid base, posts, poles or braces located in or upon the ground, and which is independent from any building or other structure.
"Freeway"
means a limited access highway, state route or interstate.
"Freeway oriented sign"
means a sign within 150 feet of a freeway right-of-way that has its sign face parallel to, perpendicular to, angled toward, or otherwise readable from the freeway right-of-way.
"Frontage"
means the property line of an individual lot, tract or parcel that abuts a public or private street right-of-way, excluding alleys and private driveways. The number of frontages on a lot is the same as the number of public or private street rights-of-way that the lot abuts.
"G"
"Gross leasable space"
means area of a single leasable space, regardless of the number of tenants or leases within the space.
"H"
"Halo illuminate"
means a light source placed behind totally opaque letters or symbols so that the light reflects off the wall or background to which the letters or symbols are mounted, rather than emanating through the letters or symbols, creating a halo effect that leaves the letters or symbols viewable in silhouette form only.
"Height of sign"
means the overall height of the sign above grade directly below or at the base of the sign.
"I"
"Illegal sign"
means a sign which does not conform to the requirements and standards of this chapter and which does not meet the criteria of a nonconforming sign as defined in this definitions section.
"Integrated development site"
means any commercial or noncommercial development site, regardless of the number of lots or individual tenants, that is developed with common parking, layout, architecture or design features.
"Item of information"
means a word, figure, logo, abbreviation or other symbolic representation.
"L"
"Logo"
means a design of letters, colors or symbols used as a trademark or for identification in lieu of, or in conjunction with, other signs.
"Logo shield"
means a logo contained within an area no greater than four square feet, incorporated into a larger sign face or designed as an individual sign or component of a sign containing individually mounted sign graphics.
"Lot line"
means a line that separates two lots.
"Luminance"
means the photometric quality most closely associated with the perception of brightness. Luminance is measured in candelas per square meters or "nits."
"M"
"Mansard"
means a roof with two slopes on each side of the four sides, the lower steeper than the upper.
"Master sign plan"
means a coordinated sign plan which includes the details of all signs (not including exempt or temporary signs) which are or will be placed on a site.
"Monument sign"
means a freestanding low profile sign with the sign width greater than the sign height and designed with a solid base and background.
"Motion"
means the depiction of movement or change of position of text, images or graphics. Motion shall include, but not be limited to, visual effects such as dissolving and fading text and images, running sequential text, graphic bursts, lighting that resembles zooming, twinkling or sparkling, changes in light or color, transitory bursts of light intensity, moving patterns or bands of light, expanding or contracting shapes and similar actions.
"Multitenant development"
means a development consisting of three or more leasable spaces.
"N"
"Natural grade"
means the topographic condition or elevation of a site or portion of a site over the past five years, or the finished grade of an approved site development plan. Changes to grade or elevation resulting from fill, mounding or berming within five years preceding any requested permit other than a site development plan shall not be considered natural grade for permitting purposes.
"Neon sign"
means a sign with illumination affected by a light source consisting of a neon or other gas tube which is bent to form letters, symbols or other shapes.
"Nighttime hours"
means from one-half hour before sunset to one-half hour after sunrise.
"Nits"
means a unit of measure of brightness or luminance. One nit is equal to one candela/square meter.
"Nonconforming sign"
means any sign, which at one time conformed to all applicable requirements and standards of this chapter, including all permit requirements, but which subsequently ceased to so conform due to changes in such requirements and standards.
"Nonresidential zone"
means, in the context of this chapter, any zone that does not include residential dwelling units except for mixed use zoning districts where residential units are located above or behind nonresidential uses and the ground floor streetscape is characterized by commercial and other nonresidential uses.
"O"
"Opaque"
means a material that does not transmit light from an internal illumination source.
"P"
"Painted sign"
means a sign painted directly on a building or on material which is then attached to a building. See also "wall sign."
"Pan-channel"
means a sign graphic that is constructed of a three-sided metal channel, usually having a light source contained within the channel. The open side may face inward, resulting in silhouette lighting, or it may face outward to allow full illumination. The open side of the channel may be enclosed with a translucent material.
"Parapet"
means a protective wall or barrier projecting above any canopy, balcony or roof.
"Permanent sign"
means a sign constructed of weather resistant material and intended for permanent use and that does not otherwise meet the definition of "temporary sign." Wall-mounted sign holders designed for insertion of signs and posters shall be considered permanent signage and subject to all standards of this chapter.
"Pole sign"
means a sign mounted on a pole that is permanently inserted into or affixed to the ground.
"Portable sign"
means a freestanding sign that is readily moveable and not permanently affixed to the ground, including A-frame or sandwich board signs, pole signs mounted on weighted bases, and similar signs that are used on more than a temporary basis.
"Projecting sign" or "projection sign"
means a sign attached to a building with the face not parallel to the vertical surface of the building. Projecting signs include signs projecting directly from walls, or signs hanging from porch ceilings or other support structures.
"R"
"Raceway"
means a box-type conduit to house electrical wires for signs and used to support and/or affix signage on a wall.
"Right-of-way"
is the strip of land platted, dedicated, condemned, established by prescription or otherwise legally established for the use of pedestrians, vehicles and/or utilities.
"Roadway"
means that portion of the street improved, designed, or ordinarily used for vehicular travel and parking, exclusive of the sidewalks and shoulder. Where there are curbs, the roadway is the curb-to-curb width of the street.
"Roof line"
means the uppermost edge of the roof or the top of the parapet, excluding mechanical equipment screens, whichever is highest. Where a building has several roof levels, the roof line shall be the one belonging to that portion of the building on which the sign is located.
"Roof-mounted sign"
means a sign which has a point of attachment to the roof or mansard of a building. Architectural projections, including mechanical equipment screens, above any parapet or roof line whose sole function is a background for signs shall be considered a sign structure. A sign on such an architectural projection shall be considered a roof sign.
"S"
Sandwich Board Sign.
See "A-frame sign" definition.
"Service island sign"
means a permanent sign displayed on the service island canopy of a gas station, bank, carwash, or other use that provides a canopy cover for vehicles. Service island signs are not the same as awning or canopy signs as otherwise defined by this chapter.
"Sign"
means letters, figures, symbols, trademarks, or logos, with or without illumination, intended to identify any place, subject, person, firm, business, product, article, merchandise or point of sale. A sign also includes balloons attached to sign structures, products, streamers, spinners, pennants, flags, inflatables or similar devices intended to attract attention to a site or business, as well as architectural or structural forms, illuminated panels, spandrels, awnings and other structural or architectural features not common to classic vernacular or noncorporate regional architecture and that are intended to convey a brand, message or otherwise advertise a location or product, whether or not such features include text or graphics and whether or not they serve other practical purposes such as lighting, covering or enclosure of persons or products. A sign includes any device which streams, televises or otherwise conveys electronic visual messages, pictures, videos or images, with or without sound or odors. Refer to POMC § 20.132.040, Prohibited signs, for a list of prohibited signs.
"Signable area"
means the area of the largest rectangular portion of a face of a building to which a sign is affixed or proposed to be affixed, which can be included within parallel, vertical and horizontal lines uninterrupted by significant architectural features of the building.
"Sign walker"
means a sign carried by a person.
"Site"
means a unit of land, together with all improvements thereon, determined as follows:
(1) 
A unit of land which may be conveyed separately from any and all adjacent land without the requirement of approval of a boundary line adjustment, short plat or a preliminary plat.
(2) 
Two or more buildings or business activities that are or will be related to each other physically or architecturally, such as by sharing off-street parking facilities, so as to form an integrated development, such as a shopping center, industrial park, or office complex.
"Spandrel"
means a panel or box-type structure that spans between and/or is connected to the support columns of a porch, colonnade or canopy, usually for architectural embellishment and/or signage purposes.
"Special event sign or temporary sign"
means signs or advertising displays or a combination thereof which advertise or attract public attention to a special one-time event, including but not limited to the opening of a building or business activity, the sale of goods and services at discounted or otherwise especially advantageous prices, or similar event.
"Static"
means without motion.
"Story"
means that portion of a building included between the upper surface of a floor and the upper surface of the floor or ceiling next above.
"Subdivision entrance sign"
means a freestanding sign located at an entrance of a residential subdivision.
"Suspended sign"
means a sign mounted above a sidewalk adjacent to a business, affixed to a beam, overhang, roof or other fixture that is an integral part of a building.
"T"
"Temporary sign"
(which may include special event sign) means any sign that is used temporarily and is not permanently mounted, painted or otherwise affixed, excluding portable signs as defined by this chapter, including any poster, banner, placard, stake sign or sign not placed in the ground with concrete or other means to provide permanent support, stability and rot prevention. Temporary signs may only be made of nondurable materials including, but not limited to, paper, corrugated board, flexible, bendable or foldable plastics, foamcore board, vinyl canvas or vinyl mesh products of less than 20-ounce fabric, vinyl canvas and vinyl mesh products without polymeric plasticizers and signs painted or drawn with water soluble paints or chalks. Signs made of any other materials shall be considered permanent and are subject to the permanent sign regulations of this chapter, except that post-mounted temporary signs allowed in POMC § 20.132.270, Temporary signs, which are located on properties that are actively listed or marketed for sale or rental or actively under development or construction, may be made of durable materials. Temporary signs of durable materials shall be removed when such properties are no longer actively listed or marketed for sale or rental or actively under development or construction. If site development or construction ceases or is suspended for a period of more than 180 days, such signs shall be removed until construction or development resumes.
"Tenant space"
means the entire building which encompasses a building or use on a site; or in buildings designed for multitenant occupancy, it is the space between demising walls and which has an independent entrance to common corridors or to the outside. Portions of tenant spaces that are sublet to or otherwise allowed to be used by persons or businesses other than the principal person or business of a tenant space are not considered tenant spaces in the context of this chapter.
"U"
"Unshielded lighting"
means an external illumination source which is exposed to view from a publicly accessible area.
"W"
"Wall sign"
means a sign which is attached parallel to or painted on a wall, including parapet or canopy fascia, or a building.
"Width of sign"
means the total horizontal dimension of a sign, including all frames or structures.
"Window"
means the entire window unit including individual sashes or panes that might otherwise divide the area between the head, jamb and sill; except that in commercial storefront window assemblies, a single "window" is the glass area between each mullion that divides the window assembly, whether installed as a single piece of glass or as multiple pieces of glass divided by muntins.
"Window sign"
means a sign that is attached to or is intended to be seen in, on or through a window of a building and is visible from the exterior of the window.
(Ord. 024-17 § 2 (Exh. 1); Ord. 024-21 § 2; Ord. 052-22 § 5)