Chapter 20.38 OVERLAY DISTRICTS*

A McCormick Village overlay district (MVOD) is hereby established within the neighborhood core of the McCormick Village subarea as illustrated in Figure 20.38.200.

Figure 20.38.200 – The MVOD Boundary

(Ord. 060-21 § 8).

20.38.205 MVOD purpose.

The purpose of the McCormick Village overlay district (MVOD) is to implement the McCormick Urban Village subarea plan and enable compact, walkable urban development within the subarea’s neighborhood core. (Ord. 060-21 § 8).

20.38.210 MVOD applicability.

The standards of the MVOD shall apply to lands within the MVOD neighborhood core boundary as shown in Figure 20.38.200. (Ord. 060-21 § 8).

20.38.215 MVOD conflicts.

Where a conflict exists between this chapter and other chapters, this chapter shall control. (Ord. 060-21 § 8).

20.38.220 MVOD land use.

(1) Use. Properties within the MVOD are subject to the land use regulations described in Chapter 20.39 POMC consistent with the property’s zoning designation on the adopted city of Port Orchard zoning map. (Ord. 060-21 § 8).

20.38.225 MVOD building types.

(1) No new building may be erected within the MVOD except in conformance with this section.

(2) Building Types. Building types only as listed below, and as described in POMC 20.38.230, shall be permitted within the MVOD. Additional standards for specific building types within the MVOD as described in POMC 20.38.230 are required. Buildings shall comply with the development standards described in the particular building type description and dimensional standards regardless of zoning designation unless otherwise noted. Buildings shall comply with the MVOD design standards as established in POMC 20.38.285 and shall comply with architectural variation requirements in POMC 20.38.290.

(3) MVOD Building Type Zoning Matrix Key.

(a) Permitted Building Type (P). Indicates a building type is permitted in the zoning designation.

(b) Building Type Not Permitted (--). Indicates a building type is not permitted in the zoning designation.

Building Types	Zoning Designation
Building Types	Residential 3	Neighborhood Mixed Use	Commercial Mixed Use
Detached House	P	P	--
Backyard Cottage	P	P	--
Carriage House	P	P	P
Paseo House	P	P	--
Duplex: Side-by Side	P	P	--
Attached House	P	P	--
Townhouse	P	P	P
Fourplex	P	P	--
Apartment	P	P	P
Forecourt Apartment	P	P	P
Live-Work	--	P	P
Single-Story Shopfront	--	--	P
Mixed-Use Shopfront	--	--	P
Accessory Building	P	P	P

(Ord. 003-24 § 1; Ord. 060-21 § 8).

20.38.230 MVOD building type standards.

(1) Detached House. A detached house is a building type that accommodates one principal/primary dwelling unit on an individual lot with yards on all sides. Detached houses shall meet the following standards.

(a) Lot and Placement.

Lot and Placement

Lot
Area (sq. ft.)	2,500 min./5,000 max.	A
Width (ft.)	25 min./50 max.	B
Detached houses per lot	1 max.

Coverage
Lot coverage	Set by district	C

Building and Structure Setbacks
Primary street	5 ft. min./15 ft. max.	D
Side street	5 ft. min.	E
Side interior	3 ft. min.	F
Rear	5 ft. min.	G

Build-to-Zone (BTZ)
Building facade in primary street	Does not apply
Building facade in side street	Does not apply

Height and Form

Height
Principal building	35 ft.; 25 ft. within 20 ft. of alley	A
Accessory structure	15 ft. other than carriage house or backyard cottage	B
Ground floor elevation	18 in. min.	C

Pedestrian Access
Entrance facing primary street	Required

Building Elements

At least one of the following is required:

Balcony

See POMC 20.38.240(b)

Porch

See POMC 20.38.240(e)

Stoop

See POMC 20.38.240(f)

Parking Location
Front/corner yard	Prohibited
Vehicular access	Via alley only

(2) Backyard Cottage. A small self-contained accessory dwelling located on the same lot as a detached house or townhouse but physically separated, for use as a complete, independent living facility, with provisions for cooking, sanitation and sleeping. Backyard cottages may accommodate off-street ground floor parking.

(a) A backyard cottage is permitted in conjunction with a detached house. See the standards for detached houses and accessory structures (including backyard cottages) in subsection (1) of this section.

(b) Lot and Placement.

Lot and Placement

Lot
Area	Set by principal building type	A
Width	Set by principal building type	B
Accessory dwelling units per lot	1 max.

Coverage
Lot coverage	Set by district

Building and Structure Setbacks
Primary street	Behind the front wall of the principal building	D
Side street	5 ft. min.	E
Side interior	0 ft. min.	F
Rear	5 ft. min., 0 ft. from alley	G
Building separation	10 ft.	H

Build-to-Zone (BTZ)
Building facade in primary street	Does not apply
Building facade in side street	Does not apply

Height and Form

Height
Backyard cottage	25 ft. max.	A

Pedestrian Access
Entrance facing primary street	See POMC 20.68.110

Building Elements Allowed
Balcony	See POMC 20.38.240(b)
Porch	See POMC 20.38.240(e)
Stoop	See POMC 20.38.240(f)

Parking Location
Front/corner yard	Prohibited
Additional on-site parking	See Chapter 20.68 POMC
Vehicular access	Via alley only

(3) Carriage House. An accessory structure self-contained accessory dwelling located on the same site as a paseo house, townhouse, fourplex, apartment, or forecourt apartment, but physically separated, for use as a complete, independent living facility, with provisions for cooking, sanitation and sleeping. Carriage house dwelling units are located above enclosed ground-level off-street parking facilities, or common facilities including, but not limited to, laundry, recreation space or other uses commonly associated with residential development for the associated on-site dwellings.

(a) A carriage house is permitted in conjunction with a paseo house, townhouse, fourplex, apartment, or forecourt apartment.

(b) Lot and Placement.

Lot and Placement

Lot
Area	Set by principal building type	A
Width	Set by principal building type	B
Accessory dwelling units per lot	1 min./2 max.

Coverage
Lot coverage	Set by district	C

Building and Structure Setbacks
Primary street	Behind the rear wall of the principal building	D
Side street	5 ft. min.	E
Side interior	0 ft. min.	F
Rear	5 ft. min., 0 ft. from alley	G
Building separation	10 ft.	H

Build-to-Zone (BTZ)
Building facade in primary street	Does not apply
Building facade in side street	Does not apply

Height and Form

Height
Carriage house	35 ft. max.	A

Pedestrian Access
Entrance facing primary street	See Chapter 20.68 POMC

Building Elements Allowed
Balcony	See POMC 20.38.240(b)
Porch	See POMC 20.38.240(e)
Stoop	See POMC 20.38.240(f)

Parking Location
Front/corner yard	Prohibited
Additional on-site parking	See POMC 20.38.270
Vehicular access	Via alley only

(4) Paseo House. A series of small, typically detached, single-story single-family residential buildings oriented around a small, shared courtyard perpendicular to the primary street. The units to the rear of the lot, oriented perpendicular to the primary street, may be larger and attached. The rear building may accommodate residential uses, off-street parking and shared facilities space normally associated with detached houses such as laundry facilities or storage space, plus up to two optional dwellings above an associated detached garage structure served by an alley. The units may be on individual lots or clustered on a single site.

(a) Lot and Placement.

Lot and Placement

Site
Area (sq. ft.)	16,000 min.	A
Width/depth (ft.)	110 min.	B
Dwelling units per site	5 min./10 max.

Lot
Area	1,200 sq. ft. min.	C
Width	20 ft. min.	D

Coverage
Lot coverage	Set by district
Principal building footprint (sq. ft.)	600 min./1,200 max.	E

Building and Structure Setbacks
Primary street	5 ft. min.	F
Side street	5 ft. min.	G
Side interior	5 ft. min.	H
Rear/alley	5 ft. min./0 ft.	I
Minimum separation of paseo units (ft.)	10 min.

Build-to-Zone (BTZ)
Building facade in primary street	Does not apply
Building facade in side street	Does not apply

Height and Form

Height
Principal building	30 ft. max.	A
Building wall plate height	Does not apply	B
Accessory structure	30 ft.	C
Ground floor elevation	18 in. min.	D

Courtyard
Area	1,000 sq. ft.	E
Width	15 ft. min.	F
Additional courtyard area per dwelling unit beyond five units	500 sq. ft.
Courtyard cannot be parked or driven upon, except for emergency access and permitted temporary events

Pedestrian Access
Entrance facing courtyard	Required for units abutting courtyard	G

Building Elements

At least one of the following is required:

Balcony

See POMC 20.38.240(b)

Porch

See POMC 20.38.240(e)

Stoop

See POMC 20.38.240(f)

Parking Location
Front/corner yard	Prohibited
Vehicular access	Via alley only

(5) Duplex, Side by Side. A building type that accommodates two dwelling units on an individual lot separated vertically side by side that share a common wall.

(a) Lot and Placement.

Lot and Placement

Lot
Area (sq. ft.)	5,000 min./6,500 max.	A
Width (ft.)	40 ft. min.	B
Dwelling units per site	2 min./2 max.

Coverage
Lot coverage	Set by district	C

Building and Structure Setbacks
Primary street	5 ft. min./15 ft. max.	D
Side street	5 ft. min.	E
Side interior	5 ft. min.	F
Rear/alley	5 ft. min./0 ft.	G

Build-to-Zone (BTZ)
Building facade in primary street	Does not apply
Building facade in side street	Does not apply

Height and Form

Height
Principal building	35 ft.	A
Accessory structure	25 ft.	B
Ground floor elevation	18 in. min.	C

Pedestrian Access
Entrance facing primary street	Required	D

Building Elements

At least one of the following is required:

Balcony

See POMC 20.38.240(b)

Porch

See POMC 20.38.240(e)

Stoop

See POMC 20.38.240(f)

Parking Location
Front/corner yard	Prohibited
Vehicular access	Via alley only

(6) Attached House. A building type that accommodates two attached dwelling units located on two separate lots that share a common wall along a lot line. An attached house may require a subdivision or short subdivision.

(a) Lot and Placement.

Lot and Placement

Lot
Area	2,500 min./3,250 max.	A
Width	20 min./ 35 ft. max.	B
Dwelling units per site	1 min./1 max. 1 ADU

Coverage
Lot coverage	Set by district	C

Building and Structure Setbacks
Primary street	5 ft. min./15 ft. max.	D
Side street	5 ft. min.	E
Side interior	5 ft. min.	F
Rear/alley	5 ft. min./0 ft.	G

Build-to-Zone (BTZ)
Building facade in primary street	Does not apply
Building facade in side street	Does not apply

Height and Form

Height
Principal building	35 ft.	A
Accessory structure	25 ft.	B
Ground floor elevation	18 in. min.	C

Pedestrian Access
Entrance facing primary street	Required	D

Building Elements

At least one of the following is required:

Balcony

See POMC 20.38.240(b)

Porch

See POMC 20.38.240(e)

Stoop

See POMC 20.38.240(f)

Parking Location
Front/corner yard	Prohibited
Vehicular access	Via alley only

(7) Townhouse. A building type that accommodates three or more dwelling units where each unit is separated vertically by a common side wall and located on its own lot. Units cannot be vertically mixed. A subdivision or short subdivision may be required to construct townhome units.

(a) Lot and Placement.

Lot and Placement

Site
Site area (sq. ft.)	Not applicable	A
Site width (ft.)	Not applicable	B
Dwelling units per site	3 min., not to exceed 6

Lot
Area (sq. ft.)	N/A	C
Width (ft.)	16 min./ 40 max.	D
Dwelling units per lot	1 min./1 max.

Coverage
Lot coverage	Set by district	E

Building and Structure Setbacks
Primary street (ft.)	5 min.	F
Side street (ft.)	5 min.	G
Side interior (ft.)	0 between townhomes, 3 ft. from adjacent townhouse sites	H
Rear/alley (ft.)	5 ft./0 ft. min.	I

Build-to-Zone (BTZ)
Building facade in primary street	Set by district	J
Building facade in side street	Set by district	K

Height and Form

Height
Principal building (stories)	3	A
Accessory structure (ft.)	24	B
Ground floor elevation (in.)	18 min.	C

Building Dimensions
Unit width (ft.)	20 min.	D
Number of units permitted in a row	6 max.	E

Transparency
Ground story	20% min.	F
Upper story	20% min.	G
Blank wall width	15 ft. max.	H

Pedestrian Access
Entrance facing primary street (each ground floor unit)	Required

Building Elements At least one of the following is required:
Awning/canopy	See POMC 20.38.240(a)
Balcony	See POMC 20.38.240(b)
Porch	See POMC 20.38.240(e)
Stoop	See POMC 20.38.240(f)

Parking Location
Front/corner yard	Prohibited
Vehicular access	Via alley only

(8) Fourplex. A building type on its own lot that accommodates four dwelling units vertically and horizontally integrated.

(a) Lot and Placement.

Lot and Placement

Lot
Area (sq. ft.)	5,400 sq. ft. min./7,000 sq. ft. max.	A
Width (ft.)	60 ft. min.	B
Dwelling units per lot	4 min./6 max.

Coverage
Lot coverage	Set by district	C

Building and Structure Setbacks
Primary street (ft.)	10 min./15 max.	D
Side street (ft.)	5 min./15 max.	E
Side interior (ft.)	5 min.	F
Rear/alley (ft.)	5 min.	G

Build-to-Zone (BTZ)
Building facade in primary street	Set by district	H
Building facade in side street	Set by district	I

Height and Form

Height
All buildings and structures (ft.)	35 ft.	A
Ground floor elevation (in.)	18 min.	B

Pedestrian Access
Entrance facing primary street	Required	G

Building Elements At least one of the following is required:
Awning/canopy	See POMC 20.38.240(a)
Balcony	See POMC 20.38.240(b)
Forecourt	See POMC 20.38.240(c)
Porch	See POMC 20.38.240(d)
Stoop	See POMC 20.38.240(e)

Parking Location
Front/corner yard	Prohibited
Vehicular access	Via alley only

(9) Apartment. A building type on its own lot that accommodates five or more dwelling units vertically and/or horizontally integrated.

(a) Lot and Placement.

Lot and Placement

Lot
Area (sq. ft.)	N/A	A
Width (ft.)	N/A	B
Dwelling units per site	5 min./no max.

Coverage
Lot coverage	Set by district	C

Building and Structure Setbacks
Primary street (ft.)	3 min./15 max.	D
Side street (ft.)	5 min.	E
Side interior (ft.)	5 min.	F
Rear/alley (ft.)	5/0 min.	G

Build-to-Zone (BTZ)*
Building facade in primary street	70% min.	H
Building facade in side street	30% min.	I

*Does not apply to McCormick Village Drive or Old Clifton.

Height and Form

Height
All buildings and structures (ft.)	40 max.; 25 max. within 20 ft. of alley	A
Ground floor elevation (ft.)	0 min.	B

Building Dimensions
Length	120 ft. max.	C

Transparency*
Ground story	25%	D
Upper story	25%	E
Blank wall width (ft.)	15 max.	F

*Applies to each street and/or plaza-facing facade.

Pedestrian Access
Entrance facing primary street	Required	G
Entrance spacing along primary street	100 ft. max.	H

Building Elements At least one of the following is required:
Awning/canopy	See POMC 20.38.240(a)
Balcony	See POMC 20.38.240(b)
Forecourt	See POMC 20.38.240(c)
Porch	See POMC 20.38.240(e)
Stoop	See POMC 20.38.240(f)

Parking Location
Front/corner yard	Prohibited
Vehicular access	Via alley only

(10) Forecourt Apartment. A building type, on its own lot, that accommodates at least five multifamily dwellings in the primary building plus up to two optional dwellings above an associated detached garage structure served by an alley. Forecourt apartments shall feature a forecourt as described in POMC 20.38.240(c) along the primary street.

(a) Lot and Placement.

Lot and Placement

Lot
Area (sq. ft.)	N/A	A
Width (ft.)	N/A	B
Dwelling units per lot	5 min./10 max.

Coverage
Lot coverage	Set by district	C

Building and Structure Setbacks
Primary street (ft.)	3 min.	D
Side street (ft.)	5 min.	E
Side interior (ft.)	5 min.	F
Rear/alley (ft.)	5/0 min.	G
Separation between structures (ft.)	10 min.

Build-to-Zone
Building facade in primary street	70% min.	H
Building facade in side street	30% min.	I

Height and Form

Height
All buildings and structures (ft.)	40 max.; 25 max. within 20 ft. of alley	A
Ground floor elevation (ft.)	0 min.	B

Building Dimensions
Length (ft.)	100 max.	C

Transparency*
Ground story	25%	D
Upper story	25%	E
Blank wall width (ft.)	15	F

*Applies to each street and/or plaza-facing facade.

Pedestrian Access
Entrance facing forecourt	Required	G

Parking Location
Front/corner yard	Prohibited
Vehicular access	Via alley only

(11) Live-Work. A building type that allows for residential and nonresidential uses in the same physical space. Units may be vertically or horizontally mixed.

(a) Lot and Placement.

Lot and Placement

Site
Site area (sq. ft.)	3,000 min.	A
Site width (ft.)	40 min.	B
Live/work units per lot	3 min./no max.

Lot
Area (sq. ft.)	N/A	C
Width (ft.)	N/A	D

Coverage
Lot coverage	Set by district	E

Building and Structure Setbacks
Primary street (ft.)	0 min./10 max.	F
Side street (ft.)	10 min.	G
Side interior (ft.)	5 min.	H
Rear/alley (ft.)	5/0 min.	I

Build-to-Zone (BTZ)
Building facade in primary street	Set by district	J
Building facade in side street	Set by district	K

Height and Form

Height
All buildings and structures (ft.)	40 max.; 25 max. within 20 ft. of alley	A
Ground floor height (ft.)	12 min.	B
Ground floor elevation (ft.)	0 min.	C

Building Dimensions
Unit width (ft.)	15 min.	D
Maximum building width (ft.)	120 max.	E

Transparency*
Ground story	25%	F
Upper story	25%	G
Blank wall width (ft.)	15 max.	H

*Applies to each street and/or plaza-facing facade.

Pedestrian Access
Entrance facing primary street (each ground floor unit)	Required

Building Elements At least one of the following is required:
Awning/canopy	See POMC 20.38.240(a)
Balcony	See POMC 20.38.240(b)
Porch	See POMC 20.38.240(e)
Stoop	See POMC 20.38.240(f)

Parking Location
Front/corner yard	Prohibited
Vehicular access	Via alley only

(12) Single-Story Shopfront. A single-story building type that typically accommodates retail or commercial uses.

(a) Lot and Placement.

Lot and Placement

Lot
Area (sq. ft.)	N/A	A
Width (ft.)	N/A	B

Coverage
Lot coverage	Set by district	C

Building and Structure Setbacks
Primary street (ft.)	0 min.	D
Side street (ft.)	0 min.	E
Side interior (ft.)	0 min.	F
Rear (ft.)	0 min.	G

Build-to-Zone (BTZ)
Building facade in primary street	70%	H
Building facade in side street	30%	I

Height and Form

Height
All buildings and structures (ft.)	24 max.	A
Ground story height (ft.)	12 min.	B

Building Dimensions
Length (ft.)	150 max.	C

Transparency*
Ground story	60%	D
Blank wall width (ft.)	15 max.	E

*Applies to each street and/or plaza-facing facade.

Pedestrian Access
Entrance facing primary street (each ground floor unit)	Required	F
Entrance facing secondary street when present	Required
Entrance spacing (primary street) (ft.)	50 max.	G
Building footprint 20,000+ sq. ft. (ft.)	75 max.

Building Elements

At least one of the following is required:

Awning/canopy

See POMC 20.38.240(a)

Forecourt

See POMC 20.38.240(c)

Gallery

See POMC 20.38.240(d)

Parking Location
Front yard	Prohibited

(13) Mixed-Use Shopfront. A building type that typically accommodates ground floor retail, office or commercial uses with upper-story residential or office uses.

(a) Lot and Placement.

Lot and Placement

Lot
Area (sq. ft.)	N/A	A
Width (ft.)	N/A	B

Coverage
Lot coverage	Set by district	C

Building and Structure Setbacks
Primary street (ft.)	0 min.	D
Side street (ft.)	0 min.	E
Side interior (ft.)	0 min.	F
Rear (ft.)	0 min.	G

Build-to-Zone (BTZ)
Building facade in primary street	70% min.	H
Building facade in side street	30% min.	I

Height and Form

Height
All buildings and structures (ft.)	40 max.	A
Ground story height (ft.)	12 min.	B

Building Dimensions
Length (ft.)	120 max.	C

Transparency*
Ground story	60% min.	D
Upper story	25% min.	E
Blank wall width (ft.)	15 max.	F

*Applies to each street and/or plaza-facing facade.

Pedestrian Access
Entrance facing primary street	Required	G
Entrance spacing along primary street (ft.)	50 max.	H

Building Elements

At least one of the following is required:

Awning/canopy

See POMC 20.38.240(a)

Forecourt

See POMC 20.38.240(c)

Gallery

See POMC 20.38.240(d)

Parking Location
Front/corner yard	Prohibited

(Ord. 003-24 § 2; Ord. 060-21 § 8).

20.38.235 MVOD detached accessory dwelling units.

Repealed by Ord. 038-22. (Ord. 060-21 § 8).

20.38.240 MVOD building elements.

(1) The following standards are intended to supplement POMC 20.38.230 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. The proposed building shall incorporate at least one of the allowed building elements provided in the specific building type development standards in POMC 20.38.230.

(a) Awning and Canopy. A wall-mounted, cantilevered structure providing shade and cover from the weather for a sidewalk.

(i) An awning/canopy must be a minimum of nine feet clear height above the sidewalk and must have a minimum depth of six feet.

(ii) An awning/canopy may extend into a primary or side street setback.

(iii) 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.

(b) 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.

(i) A balcony must be at least four feet deep.

(ii) A balcony must have a clear height above the sidewalk of at least nine feet.

(iii) A balcony may be covered and screened but cannot be fully enclosed.

(iv) A balcony may extend into a primary or side street setback.

(v) 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.

(c) Forecourt. An open area at grade, or within 30 inches of grade, that serves as an open space, plaza or outdoor dining area.

(i) A forecourt must be no more than one-half of the width of the building face, and in no case more than 45 feet in width.

(ii) The depth of the forecourt may exceed the general width. A forecourt may be no more than 45 feet in depth.

(iii) A maximum of one forecourt is permitted per lot.

(iv) A forecourt meeting the above requirements is considered part of the building for the purpose of measuring the build-to zone.

(v) A forecourt shall be improved to meet the minimum requirements of pedestrian-oriented space as described in POMC 20.127.350(4).

(d) Gallery. A covered passage extending along the outside wall of a building supported by arches or columns that is open on three sides.

(i) 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.

(ii) A gallery must be contiguous and extend over at least 75 percent of the width of the building facade from which it projects.

(iii) A gallery may extend into a primary or side street setback.

(iv) 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.

(e) Porch. A raised structure attached to a building, forming a covered entrance to a doorway.

(i) A front porch must be at least six feet deep (not including the steps) when measured from edge of building to end of 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.

(ii) A front porch must be contiguous, with a width not less than 50 percent of the building facade from which it projects.

(iii) A front porch must be roofed and may be screened, but cannot be fully enclosed.

(iv) A front 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.

(v) A front porch may not encroach into the public right-of-way.

(f) Stoop. A small raised platform that serves as an entrance to a building.

(i) A stoop must be no more than six feet deep (not including the steps) and six feet wide.

(ii) A stoop may be covered but cannot be fully enclosed.

(iii) 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.

(iv) A stoop may not encroach into the public right-of-way. (Ord. 003-24 § 3; Ord. 060-21 § 8).

20.38.245 MVOD sign code.

(1) Permanent signs within the MVOD shall comply with the requirements of Chapter 20.132 POMC except POMC 20.132.040(7).

(2) Up to two subdivision freestanding entryway monument signs may be permitted in the subarea within 200 feet of the intersection of McCormick Village Drive and Old Clifton Road. Subdivision freestanding entryway monument signs shall not exceed 200 square feet per sign nor six feet in height and shall be allowed in addition to other freestanding signs under POMC 20.132.210 and shall be exempt signage for the purposes of calculating aggregate signage allowance limits in POMC 20.132.050(4)(b)(i). (Ord. 060-21 § 8).

20.38.250 MVOD lot and road layout.

(1) Resultant lot and road layouts shall meet the minimum standards described in Chapter 20.100 POMC except that the minimum roadway network connectivity index described in POMC 20.100.020 shall be 1.7 or greater.

(2) All residential uses shall be provided vehicular access via an alley. Residential driveways shall not be permitted via primary streets.

(3) Sight triangle at intersections shall be preserved subject to review and approval by the city engineer or designee prior to the issuance of a building permit. (Ord. 060-21 § 8).

20.38.260 MVOD road standards.

(1) Compact, walkable urban environments require a different road standard than what is typical of historic automobile-oriented development and which may differ than the adopted Public Works Engineering Standards and Specifications (PWESS). The city engineer may approve deviations to the PWESS provided the applicant adequately demonstrates that the alternative design satisfies the following criteria:

(a) The deviation results in a safe design for all road users;

(b) The deviation provides the same or greater level of functionality;

(d) The deviation results in a design which provides at least the same level of maintainability. (Ord. 060-21 § 8).

20.38.270 MVOD off-street parking standards.

(1) Off-street parking requirements within the MVOD shall meet the minimum standards described in Chapter 20.124 POMC, except that for residential uses POMC 20.124.140 shall not apply.

(a) Vehicle parking minimum quantities for residential uses within the MVOD shall be provided in accordance with Table 20.38.270.

Table 20.38.270
Land Use	Unit of Measure	Minimum Parking Requirement
Single-family detached (including manufactured homes, mobile homes)	Per dwelling	1 available space within 1,000 ft. of site
Backyard cottage	Per dwelling	N/A
Carriage house	Per dwelling	1 available space within 1,000 ft. of site
Two-family	Per dwelling	1 available space within 1,000 ft. of site
Single-family attached houses	Per dwelling	1 available space within 1,000 ft. of site
Multifamily:
Studio – 3+ bedroom	Per dwelling	1 on-site space
Multifamily accessory dwelling unit	Per dwelling	1 available space within 1,000 ft. of site
Boarding house	Per bedroom	0.5
Congregate living facilities	Per bedroom
Lodging house
Group home (up to 8 residents), except as follows:	Per bedroom	0.5
Adult family home	Per adult family home	2
All group living (9 or more residents)	Per bed	0.5
All social service	Per bed/per 300 sq. ft. office	0.5 per bed and 1 per 300 sq. ft. office

(Ord. 003-24 § 4; Ord. 060-21 § 8).

20.38.280 MVOD tree canopy standards.

(1) Development within the MVOD shall not be subject to the significant tree standards described in Chapter 20.129 POMC. Development within the MVOD shall be subject to the standards described herein.

(2) Tree canopy requirements shall apply to new development within the MVOD. The following activities are exempt from the tree canopy requirements of this section:

(a) Removal of any hazardous, dead or diseased trees, and as necessary to remedy an immediate threat to person or property as determined by a letter from a qualified arborist;

(b) Construction or maintenance of public or private road network elements, and public or private utilities including utility easements not related to development;

(d) Pruning and maintenance of trees.

(3) All significant trees within any perimeter landscaping requirement, critical area protection areas and required buffers shall be retained, except for trees exempted by subsection (2) of this section.

(4) Development shall meet a minimum 25 percent tree canopy coverage except as provided in subsections (6) and (9) of this section. On sites that do not meet this requirement through existing tree canopy or where an applicant removes the existing tree canopy, new plantings shall be planted pursuant to subsections (6) through (8) of this section. For sites requiring new plantings to attain the required tree canopy percentage, tree canopy coverage requirements shall be calculated according to projected growth at 20 years maturity consistent with Table 20.38.280.

(a) Tree canopy shall include all evergreen and deciduous trees six feet in height or greater, excluding invasive species or noxious weeds, within the gross site area.

(b) Existing or planted tree canopy may include street trees and may be located within perimeter landscaping, site landscaping, critical area protection areas and required buffers, and open space tracts or easements.

(5) Site tree canopy shall be measured according to Table 20.38.280. Calculation of existing and new tree canopy shall be submitted in writing by a qualified landscape designer, arborist, or a licensed land surveyor.

Table 20.38.280 – Measuring Tree Canopy
Existing Canopy		New Canopy
Option 1 Tree Survey	Option 2 Aerial Estimation	20-Year Canopy Calculation
• Measure average canopy radius (r) for each tree to be retained • Calculate existing canopy area using the formula: Canopy area (CA) = Πr2 • Total the sum of tree canopy areas and divide by gross site area to obtain canopy coverage percentage	• Obtain aerial imagery of site • Measure site boundaries • Measure canopies of individual trees or stand area using leading edges as the forest boundary • Divide total canopy measurement by the gross site area to obtain canopy coverage percentage	For each proposed species: • Calculate radius (r) of canopy at 20 years maturity • Calculate canopy coverage using the formula: CA = Πr2 • Multiply by the proposed quantity to be planted to obtain total species canopy area • Total the sum of species canopy area for all proposed species and divide by gross site area to obtain 20-year canopy coverage percentage

(6) To assist in the preservation and retention of significant trees and existing tree canopy outside of critical area protection areas and required buffers and perimeter landscaping, the applicant may utilize the following credits:

(a) Individual significant trees retained on site shall be counted at 125 percent of their actual canopy area.

(b) For clusters or stands of five or more trees, each tree shall be counted at 150 percent of its actual canopy area.

(c) For clusters or stands of five or more significant trees, each tree shall be counted at 200 percent of its actual canopy area.

(d) Retained trees located within no more than 20 feet of a rain garden or a bio-swale on site shall be counted at 150 percent of their actual canopy area.

(7) In addition to the requirements of subsections (6) through (8) of this section, trees planted to meet tree canopy requirements shall meet the following criteria:

(a) Sites must be planted or replanted with a minimum of 50 percent evergreen species, except:

(i) The evergreen portion of the required planting mix may be reduced to 37.5 percent when the deciduous mix contains exclusively indigenous species to the Puget Sound region, not including alder; and

(ii) Sites obtaining tree canopy requirements solely through street trees are exempt from the requirement to include evergreen species in the planting mix;

(b) Sites requiring planting or replanting of tree canopy must plant no more than 30 percent of trees from the same species and no more than 60 percent of trees from the same taxonomic family.

(c) Replacement trees shall be planted in locations appropriate to the species’ growth habit and horticultural requirements.

(d) When preparing the landscaping plan, applicants are encouraged to meet the tree canopy requirement by conserving existing tree canopy including significant trees and other vegetation located on the site and place new plantings in protected areas (such as street trees, perimeter landscaping, open spaces and critical area protection areas and required buffers) at healthy spacing densities before placing trees within individual lots or yards; and

(e) Replacement trees shall be located in such a manner to minimize damage to trees or structures on the project site and on properties adjoining the project site.

(8) The following tree protection measures shall be taken during clearing or construction:

(a) Tree protective fencing shall be installed along the outer edge of the drip line surrounding the trees retained in order to protect the trees during any land disturbance activities, and fencing shall not be moved to facilitate grading or other construction activity within the protected area;

(b) Tree protective fencing shall be a minimum height of three feet, visible and of durable construction; orange polyethylene laminar fencing is acceptable; and

(9) An applicant may reduce the tree canopy requirements by no more than five percent through a landscape modification when all of the following criteria are met:

(a) The applicant demonstrates in writing that they have made a good faith effort to comply with the tree canopy requirements within the physical constraints of the site by:

(i) Retaining as much of the tree canopy as possible on site consistent with best management practices for maintaining the health of trees; or

(ii) Replanting as much of the tree canopy as possible on site consistent with best management practices for maintaining the health of trees;

(b) The applicant proposes to plant additional understory vegetation or ground cover area, excluding lawn cover, invasive species or noxious weeds, to fulfill the remaining canopy requirement not met by retention or replanting of tree canopy; and

(c) When critical areas protection area buffers exist on site and those buffers are not highly functioning, the applicant proposes to enhance the buffers by removing invasive species and noxious weeds and/or planting vegetation indigenous to the Pacific Northwest, spaced for maximum survivability.

(10) Retained significant trees, trees planted as replacements for significant trees, and trees planted to meet requirements in subsection (3) of this section may not be removed except when determined in writing by a certified arborist to constitute a hazard.

(11) Any significant trees identified in a landscape plan to be retained and subsequently damaged or removed during site development shall be replaced at a rate of three trees for each one damaged or removed significant tree. (Ord. 060-21 § 8).

20.38.285 Building design.

(1) Applicability. This section shall apply to detached houses, paseo houses, duplexes, attached houses, townhouses, and fourplexes as defined in this chapter.

(2) Front Entry Focal Point Standards. All buildings subject to these standards shall comply with the following standards to establish the front entry as a focal point:

(a) Entry Protrusion or Porch Inclusion. The front entry must be clearly defined as a focal point. This can be achieved through either of the following options:

(i) The front entry shall project outward from the street-facing facade of the dwelling. The minimum horizontal projection shall be six feet from the street-facing facade.

(ii) An alternative to entry protrusion is the inclusion of an entry design that meets the minimum requirements of POMC 20.38.240.

(b) Entry Design Elements. The front entry or porch shall incorporate at least two architectural features, such as decorative columns, archways, overhangs, or other design elements, that emphasize its prominence. These design elements shall be in proportion to the dwelling’s size and shall be consistent with the overall architectural style.

(c) Entry Visibility. The front entry or porch shall be visible and easily accessible from the street and shall not be obstructed by landscaping or other structures.

(3) Windows and Transparency. All structures subject to these standards shall include windows that collectively constitute the greater of a minimum of eight percent, or the transparency percentage noted in the corresponding building type section in POMC 20.38.230, of the total street-facing facade area and utilize the required window trim size requirements as follows:

(a) The calculation for determining compliance with the eight percent window area requirement shall be as follows:

Total Window Area = (Sum of the individual areas of all windows on the street-facing facade)

Total Facade Area = (The total surface area of the street-facing facade)

Window Area Percentage = (Total window area/total facade area) * 100

(b) The 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.

(c) All buildings with street-facing facades shall include window trim and details that conform to one of 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 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) Significantly increased facade transparency percentages in a modern architectural application. In modern architectural applications, increased facade transparency percentages, achieved through large windows or glass facades, shall be used to create visual interest.

(G) Other design techniques that effectively emphasize windows as an architectural feature as determined by the director. (Ord. 003-24 § 5).

20.38.290 MVOD architectural variety.

(1) Purpose. The purpose of this section is to ensure architectural variety in developments by accommodating various architectural styles, design elements, and facade elevations for certain building types, as described in POMC 20.38.225.

(2) Applicability. This section shall apply to detached houses, paseo houses, duplexes, attached houses, townhouses, fourplexes, forecourt apartments, and apartments as defined in this chapter.

(3) Architectural Variety Standards. Structures 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.

(b) Definition of Different Facade Elevation. In order to qualify as a different facade elevation, buildings shall meet the following criteria:

(i) Have different roofline configurations, different color palettes, and different porch/entry design that meet the requirements of POMC 20.38.240.

(ii) Utilize a minimum of two of the following alternatives:

(A) Different window openings (location and design).

(B) One- and two-story buildings.

(D) Different garage location, configuration, and design.

(E) Other different design element that helps to distinguish one facade elevation from another as determined by the director. (Ord. 003-24 § 6).

20.38.300 Ruby Creek overlay district boundary.

A Ruby Creek overlay district is hereby established with boundaries as shown below:

Figure 20.38.300: The Ruby Creek Overlay District Boundary

(Ord. 028-20 § 5).

20.38.305 Purpose.

The purpose of the Ruby Creek overlay district (RCOD) is to implement the goals and policies of the Ruby Creek subarea plan as adopted in the city’s comprehensive plan. (Ord. 028-20 § 5).

20.38.310 Applicability.

The standards of the RCOD shall apply to lands within the RCOD boundary as shown on the map in POMC 20.38.300. (Ord. 028-20 § 5).

20.38.315 Conflicts.

The RCOD utilizes the city’s existing zoning and development regulations framework except as specified in POMC 20.38.320 to 20.38.330. The standards of the RCOD shall control when there is a conflict with other code sections. (Ord. 028-20 § 5).

20.38.320 Land use.

The land use table and restrictions in Chapter 20.39 POMC shall control for allowed uses in the RCOD except that the uses in the following table shall be permitted or conditionally permitted as follows:

Specific Use	R1	R3	GB	CMU	DMU	CC	CH	PR	CI
Transit park and ride lot	–	–	–	C	–	C	C	–	C
Surface parking: commercial parking, commuter lease parking or park and ride, remote parking	–	–	–	–	–	–	–	–	–
Commercial parking garage – standalone	–	–	–	–	–	–	–	–	–
Brewery, distillery under 5,000 square feet	–	–	–	C	P	–	–	–	–
Brewery, distillery 5,001 – 15,000 square feet	–	–	–	C	C	–	–	–	–
Drive-through facility (principal or accessory use)	–	–	–	–	–	P	P	–	–
Low impact outdoor storage (accessory use)	–	–	–	–	–	–	P	–	–

(Ord. 028-20 § 5).

20.38.330 Building height.

Building heights in the Ruby Creek overlay district shall not exceed 55 feet (five stories) except when height bonuses are granted in accordance with Chapter 20.41 POMC. (Ord. 028-20 § 5).

20.38.600 Downtown height overlay district (DHOD).

A downtown height overlay district (DHOD) is hereby established with boundaries as shown on Figure 1. (Ord. 011-19 § 5 (Exh. 2)).

20.38.610 DHOD intent.

The intent of the downtown height overlay district (DHOD) is to implement the downtown subarea plan, protect scenic views on north facing slopes in the vicinity of Sinclair Inlet and downtown, protect property values, provide access to light, ensure that the scale of development in downtown Port Orchard does not negatively impact the historic character of the community, and otherwise protect the general health, safety, and welfare of the community. The intent of the DHOD is to be achieved by establishing height limits for buildings and by establishing a method of measuring buildings that is different than the methods used elsewhere in this title to recognize the generally sloping characteristics of the overlay district. (Ord. 030-21 § 6; Ord. 011-19 § 5 (Exh. 2)).

20.38.620 DHOD applicability.

No new building or modification of an existing building may be permitted in the DHOD unless it complies with the height limits established in this chapter. (Ord. 011-19 § 5 (Exh. 2)).

20.38.630 DHOD conflicts.

Where the requirements of this chapter conflict with another chapter, the more restrictive requirement shall control. (Ord. 011-19 § 5 (Exh. 2)).

20.38.640 DHOD height limits.

(1) DHOD Height Zones Established. Within the DHOD as shown on the zoning map, there are three different DHOD height zones with height limits established as follows:

(a) DHOD 3: 48 feet – three stories.

(b) DHOD 4: 58 feet – four stories.

(2) DHOD Height Bonus. A 10-foot (one story) height bonus not to exceed 20,000 feet in area may be granted to exceed the applicable maximum height provided in subsection (1)(a) of this section if the applicant agrees to construct and operate (or lease to an operator) a grocery store in the same building for which the bonus is sought, with the grocery store space measuring at least 10,000 square feet in area. In addition to the 20,000-square-foot bonus limit, the area of this additional 10 feet of building height shall not exceed 95 percent of the area of the floor immediately below this bonus height (floor). Any height bonus shall require a development agreement between the developer and the city that provides assurances to the city guaranteeing that the ground floor commercial space will be developed and operated as a grocery store upon project completion.

(3) DHOD Height Zone Map. The height zones described in this section shall be applied as reflected on the DHOD Height Zone Map as shown in Figure 1.

Figure 1: DHOD Height Zone Map

(Ord. 030-21 § 7; Ord. 011-19 § 5 (Exh. 2)).

20.38.650 DHOD height measurement.

Building heights shall be measured one of two ways based on whether the parcel to be developed abuts Bay Street or whether it does not abut Bay Street.

(1) Building heights for lots abutting Bay Street shall be measured from the average grade of the property line that abuts Bay Street rather than from the grade plane as defined in Chapter 20.12 POMC (see “building height” and “grade plane”). If this property line is below the city’s minimum flood elevation or forecasts for sea level rise, the property line may be elevated to the required minimum ground floor flood elevation for the purpose of measuring height.

(2) Building heights for lots not abutting Bay Street shall be measured in accordance with the definition of building height as found in Chapter 20.12 POMC. (Ord. 030-21 § 8; Ord. 011-19 § 5 (Exh. 2)).

20.38.660 DHOD variances.

Property owners may seek variances from the building height standards imposed under the DHOD pursuant to Chapter 20.28 POMC, Variances. (Ord. 011-19 § 5 (Exh. 2)).

20.38.670 DHOD map amendments.

Property owners seeking to modify the boundaries of the DHOD or the DHOD Height Zone Map in POMC 20.38.640(3) (Figure 1) may do so by a site-specific rezone pursuant to Chapter 20.42 POMC, Site-Specific Rezones. (Ord. 011-19 § 5 (Exh. 2)).

20.38.700 Self storage overlay district (SSOD).

A self storage overlay district (SSOD) is hereby established with boundaries as shown on Figure 2.

Figure 2: SSOD Map Included Parcels

(Ord. 028-20 § 6; Ord. 011-19 § 5 (Exh. 2)).

20.38.710 SSOD intent.

The intent of the self storage overlay district (SSOD) is to limit self-storage uses to areas of the city where the creation of self-storage facilities will not disrupt the creation of new neighborhoods and will allow for the development of mixed use centers. The SSOD identifies locations where self-storage uses will be of a minimum impact, as shown on Figure 2. (Ord. 011-19 § 5 (Exh. 2)).

20.38.720 SSOD applicability.

No new self-storage facility or expansion of an existing self-storage facility shall be permitted except within the boundaries of the SSOD. (Ord. 011-19 § 5 (Exh. 2)).

20.38.730 SSOD conflicts.

Where the requirements of this chapter conflict with another chapter, the more restrictive requirement shall control. (Ord. 011-19 § 5 (Exh. 2)).

20.38.740 SSOD map amendments.

Property owners seeking to modify the boundaries of the SSOD as shown on Figure 2 may do so by a site-specific rezone pursuant to Chapter 20.42 POMC, Site-Specific Rezones. (Ord. 011-19 § 5 (Exh. 2)).

20.38.800 View protection overlay district (VPOD).

A view protection overlay district is hereby established to include certain property as shown on Figure 3 below.

Figure 3: View Protection Overlay District included parcels.

(Ord. 011-19 § 5 (Exh. 2)).

20.38.810 VPOD intent.

The intent of the view protection overlay district (VPOD) is to implement the downtown subarea plan, protect scenic views on north facing slopes in the vicinity of Sinclair Inlet, protect property values, provide access to light, and otherwise protect the general health, safety, and welfare of the community. The intent of the VPOD is to be achieved by establishing height limits for buildings and by establishing a method of measuring buildings that is different than the methods used elsewhere in this title to recognize the generally sloping characteristics of the overlay district. (Ord. 030-21 § 9; Ord. 011-19 § 5 (Exh. 2)).

20.38.820 VPOD applicability.

No new building or modification of an existing building may be permitted in the VPOD unless it complies with the height limits established in this chapter. (Ord. 011-19 § 5 (Exh. 2)).

20.38.830 Conflicts.

Where the requirements of this chapter conflict with another chapter, the more restrictive requirement shall control. (Ord. 011-19 § 5 (Exh. 2)).

20.38.840 VPOD height limits.

Building heights in the VPOD shall be restricted by building type as follows:

(1) Detached house: 15 feet.

(2) Backyard cottage: 15 feet.

(3) Cottage court: 15 feet.

(4) Duplex: side-by-side: 15 feet.

(5) Duplex: back-to-back: 15 feet.

(6) Attached house: 15 feet.

(7) Fourplex: 15 feet.

(8) Townhome: 15 feet.

(9) Apartment: 15 feet.

(10) Live-work: 15 feet.

(11) Shopfront house: 15 feet.

(12) Single-story shopfront: 15 feet.

(13) Mixed use shopfront: 27 feet.

(14) General building: 27 feet.

(15) Accessory building: 15 feet. (Ord. 011-19 § 5 (Exh. 2)).

20.38.850 VPOD height measurement.

Building height in the VPOD shall be measured from the average uphill property line elevation rather than from the grade plane as described in Chapter 20.12 POMC, Definitions (see definitions for “building height” and “grade plane”). (Ord. 011-19 § 5 (Exh. 2)).

20.38.860 VPOD variances.

Property owners may seek variances from the building height standards imposed under the VPOD pursuant to Chapter 20.28 POMC, Variances. (Ord. 011-19 § 5 (Exh. 2)).

20.38.870 VPOD map amendments.

Property owners seeking to modify the boundaries of the VPOD may do so by a site-specific rezone pursuant to Chapter 20.42 POMC, Site-Specific Rezones. (Ord. 011-19 § 5 (Exh. 2)).

20.38.880 VPOD landscaping.

When landscaping (excluding street trees in the right-of-way) is required as a condition of development on a project located within the VPOD, plant selections as reflected on a landscaping plan shall not exceed a height of 15 feet as measured from the average elevation of the uphill property line based on the expected mature height of the plants selected. The preparer of a landscaping plan for a project within the VPOD shall provide information on the expected mature plant heights for all species proposed to be planted pursuant to that landscaping plan. (Ord. 011-19 § 5 (Exh. 2)).