Allowed Uses Footnote
A. Where noted on the preceding use tables, the following additional restrictions apply:
1. The use is subject to special provisions in Chapter 17.415, Allowed Use Standards, that may change to the level of permit review indicated above. All applicable requirements shall govern a use whether specifically identified in this chapter or not.
2. Parcels located within the boundary of the Port Gamble redevelopment plan approved pursuant to Section 17.360C.030 shall refer to Appendix F to determine allowed uses, permits required, and definitions. All development of these uses must be consistent with town development standards pursuant to Section 17.360C.020. All other chapters of Kitsap County Code or an approved development agreement not included in Appendix F shall still apply.
3. Pets and Exotic Animals. The keeping of pets, nontraditional pets and exotic animals is subject to the following conditions:
a. Pets which are kept inside of a primary structure as household pets in aquariums, terrariums, cages or similar containers shall not be limited in number by this section. Other pets, excluding cats, which are kept indoors shall be limited to five;
b. Pets which are kept outside of the primary structure shall be limited to three per household on lots less than twenty thousand square feet in area, only one of which may be a nontraditional pet; five per household on lots of twenty thousand to thirty-five thousand square feet, only two of which may be nontraditional pets; with an additional two pets per acre of site area over thirty-five thousand square feet up to a limit of twenty; and
c. No feeding area or structure used to house, confine or feed pets shall be located closer than the minimum yard setbacks for the zone in which they are located. No feeding area or structure used to house, confine or feed nontraditional pets or exotic animals shall be located closer than fifty feet from any residence on adjacent property.
4. Storage of junk motor vehicles on any property outside of a legally constructed building (minimum of three sides and a roof) is prohibited, except where the storage of up to six junk motor vehicles meets one of the following two conditions:
a. Any junk motor vehicle(s) stored outdoors must be completely screened by a sight-obscuring fence or natural vegetation to the satisfaction of the director (a covering such as a tarp over the vehicle(s) will not constitute an acceptable visual barrier). For the purposes of this section, “screened” means not visible from any portion or elevation of any neighboring or adjacent public or private property, easement or right-of-way; or
b. Any junk motor vehicle(s) stored outdoors must be stored more than two hundred fifty feet away from all property lines.
c. Environmental Mitigation Agreement. The owner of any such junk motor vehicle(s) must successfully enter into an environmental mitigation agreement with the department of community development (the “department”) regarding the property where such vehicle(s) will be located or stored.
i. An environmental mitigation agreement between a property owner and the department is required before the outdoor storage of up to six screened junk motor vehicles will be approved. A property owner may enter into such agreement with the department for a one-time fee of $10.00 per vehicle, the proceeds of which shall be used to assist with cleanup costs associated with the administration of Chapter 9.56.
ii. In order to mitigate any potential environmental impact from the storage of these junk motor vehicles, the property owner must agree to institute one of the following two preventative measures:
(a) Each junk motor vehicle must be drained of all oil and other fluids including, but not limited to, engine crankcase oil, transmission fluid, brake fluid and radiator coolant or antifreeze prior to placing the vehicle on site; or
(b) Drip pans or pads must be placed and maintained underneath the radiator, engine block, transmission and differentials of each junk motor vehicle to collect residual fluids.
(c) Either preventative measure shall require that the owner of such vehicle(s) clean up and properly dispose of any visible contamination resulting from the storage of junk motor vehicles. The agreement will require the property owner to select one of the two preventative measures and to allow for an initial inspection of the property by the department to assure that the preventative measure has been implemented to the satisfaction of the department. By entering into the agreement, the property owner further agrees to allow the department entry onto the property on an annual basis for reinspection to assure compliance with the approved agreement. If a property is found to be in compliance with the terms of the agreement for two consecutive inspections, the department may waive the annual inspection requirement. A property owner found to be in violation of the agreement may be issued a civil infraction pursuant to this section and could later be deemed a nuisance in accordance with Chapter 9.56.
5. In urban zones, all new residential subdivisions, single-family or multifamily developments are required to provide an urban level of sanitary sewer service for all proposed dwelling units unless exemptions identified in Section 17.460.020 allow for the implementation of a dry sewer.
View the Density and Dimensions table here
Density and Dimensions Footnote
17.420.060 Footnotes for tables.
A. Where noted on the preceding tables, the following additional provisions apply:
1. Except for those buildings directly associated with timber production and harvest.
2. Except for silos and other uninhabited agricultural buildings.
3. Exception to Minimum Density. Properties within the UL and UCR zones may be divided in accordance with Title 16 regardless of the resulting minimum density or lot size provided:
a. Each lot contains an existing primary structure;
b. Each lot meets all setbacks and other dimensional standards of the zone;
c. The division does not create any undeveloped lot; and
d. The division does not prevent the ability of the property to be further divided or redeveloped in the future.
4. If a single lot of record, legally created as of April 19, 1999, is smaller in total square footage than that required under this chapter, or if the dimensions of the lot are less than required, said lot may be occupied by any reasonable use allowed within the zone subject to all other requirements of this chapter. If there are contiguous lots of record held in common ownership, each of the lots legally created as of April 19, 1999, and one or more of the lots is smaller in total square footage than required by this chapter, or the dimensions of one or more of them are less than required, said lots shall be combined to meet the minimum lot requirements for size and dimensions.
5. The Design Standards for the Community of Kingston sets forth policies and regulations for properties within the downtown area of Kingston. All development within this area must be consistent with these standards in Chapter 17.700, Appendix C1.
6. Building replacements and remodels shall not create in excess of a total of forty percent hard surface for lot area or more than the total existing hard surface area, whichever is greater.
7. Excess area from acreage used to support proposed densities but not devoted to residential lots and public improvements such as streets and alleys shall be permanently dedicated and reserved for community open space, park land, and similar uses. For developments proposing densities no greater than one dwelling unit per five acres, the minimum and maximum lot sizes shall not apply, except that existing dwelling units shall be allocated lot area between three thousand five hundred and seven thousand five hundred square feet. New proposals may then proceed using the five-acre lot requirements for the rural residential (RR) zone.
8. Hotels may be developed with four above-ground floors and up to a height not exceeding fifty feet with approval of the fire marshal and relevant fire district.
9. May be reduced to ten feet for residential uses through the administrative conditional use or PBD process.
10. Uses allowed through the conditional use process shall provide minimum side setbacks of ten feet and minimum rear setbacks of twenty feet.
11. Any newly created lot within the Suquamish rural village shall be subject to Chapter 16.48, Short Subdivisions, and must meet the lot requirements below:
a. Lot Requirements.
i. Minimum lot size: twenty-one thousand seven hundred eighty square feet.
ii. Minimum lot width: one hundred feet.
iii. Minimum lot depth: one hundred feet.
b. Setbacks.
i. Front: twenty feet.
ii. Side: five feet.
iii. Rear: five feet.
12. Nonconforming Lots.
a. Nonconforming Lots in Single Ownership. If a single lot of record, legally created before the adoption of the Manchester Community Plan, is less than eight thousand seven hundred twelve square feet in size or does not meet the dimensional requirements of its zone, the lot may be occupied by any use allowed within the zone subject to all other requirements of this chapter.
b. Nonconforming Lots in Common Ownership. Contiguous lots of record held in common ownership, each lot legally created before adoption of the Manchester Community Plan, must be combined to meet the minimum lot requirements of its zone if one or more of the lots are less than eight thousand seven hundred twelve square feet in size or do not meet the dimensional requirements of its zone and, at the time of adoption of the Manchester Community Plan (March 18, 2002), either (i) a residential structure encumbered more than one of the contiguous lots or (ii) two or more of the contiguous lots were vacant. If one or more of the lots is sold or otherwise removed from common ownership after the adoption of the Manchester Community Plan, it will not be considered to meet the minimum lot requirements for nonconforming lots in single ownership. Property with two contiguous lots legally created before adoption of the Manchester Community Plan with a residential structure entirely on one lot may develop the second lot consistent with applicable zoning.
13. Residential structures within the MVC zone may not exceed twenty-eight feet.
14. Within the Manchester view protection overlay, the maximum height for buildings and new vegetation shall be twenty-eight feet. Height shall be measured from the average elevation of the property's buildable area to the structure's highest point. Kitsap County will not enforce vegetation height standards. Buildable area is considered all portions of the property except wetlands and/or geologically hazardous areas. Properties within the view protection overlay zone may build or have new vegetation as high as thirty-five feet under the following circumstances:
a. There is no existing view of downtown Seattle, the Cascade Mountains, Mt. Rainier or the Puget Sound from the subject property or any adjacent property; or
b. The owners of all adjacent properties approve the building height prior to building permit issuance; or
c. It can be explicitly shown that the structure will not cause the blockage of existing views from any of the adjacent properties.
15. Clustering residential development is encouraged in all development. When clustering development, if a property owner designates forty percent of the gross acreage as naturally vegetated open space, he or she may create one additional lot for every five lots clustered. The additional lot may not reduce the naturally vegetated open space to an amount less than forty percent of the gross acreage of the development.
16. All properties within the Manchester village must also meet the requirements of the stormwater management ordinance, Chapters 12.04 through 12.32.
17. A greater height may be allowed for mixed use and multifamily development pursuant to criteria set forth in Section 17.420.035 and in accordance with the procedures in Title 21. The maximum building height approved by the director shall not exceed:
a. In the NC and P zones – Max: forty-five feet.
b. In the UH and C zones – Max: sixty-five feet.
c. In the UM, BC, and IND zones – Max: fifty-five feet.
d. Height requirements for urban high and regional center reflected in Section 17.420.058, Silverdale design district density and dimension table.
18. The minimum and maximum densities within the range are based upon the net acreage of the property(ies) after the removal of critical areas. In determining a development proposal's actual density within the range, the features of the subject parcel including on-site or adjacent wetlands, streams or steep slopes shall be considered first.
19. These zones are not intended to accommodate population growth and therefore do not have allowed density. However, limited new residential uses may occur in these zones which support the intent of these zones to provide employment and services. Therefore, up to one dwelling unit may be allowed per existing parcel for the limited residential uses allowed in Chapter 17.410.
20. The Design Standards for the Community of Keyport sets forth policies and regulations for properties within the downtown area of Keyport. All development within this area must be consistent with these standards in Chapter 17.700, Appendix C2.
21. Twenty feet when abutting a residential zone.
22. Maximum height shall be thirty-five feet when located within the two-hundred-foot shoreline area.
23. The minimum site setback shall be seventy-five feet for any yard abutting a residential zone, unless, based upon a site-specific determination, berming and landscaping approved by the director is provided that will effectively screen and buffer the business park activities from the residential zone that it abuts; in which case, the minimum site setback may be reduced to less than seventy-five feet but no less than twenty-five feet. In all other cases, minimum site setbacks shall be twenty feet.
24. Reserved.
25. For new building permit applications for residential dwelling units on vacant lots over eighteen thousand square feet located in urban low residential (ULR) and urban cluster residential (UCR) zones, the maximum lot size shall not exceed nine thousand square feet. This restriction shall not apply if:
a. The net developable area of the existing parcel is less than eighteen thousand square feet; or
b. The project application will meet minimum density requirements as established by this chapter.
26. No service road, spur track, or hard stand shall be permitted within required yard areas that abut a residential zone.
27. As approved by the director, wherever an industrial zone abuts a residential zone, a fifty-foot screening buffer area shall be provided. This screening buffer is intended to reduce impacts to abutting residential uses such as noise, light, odors, dust and structure bulk. No structures, open storage, or parking shall be allowed within this area. The director shall only approve screening buffers that improve the compatibility between the proposed use and the residential zone. The director may reduce this buffer to a minimum of twenty-five-foot width only when based upon a site-specific determination that topography, berming or other screening features will effectively screen industrial activities from the residential zone. Conversely, based upon a similar site-specific determination, the director may increase the buffer width from fifty feet to ensure adequate buffering and compatibility between uses.
28. Unless part of an approved zero-lot-line development.
29. One-hundred-foot setback required for single-family buildings abutting FRL or RW zones.
30. No minimum lot size if property is used only for extraction.
31. Three hundred thirty feet if activity includes any uses in Section 17.170.020.
32. Existing lots developed with existing single-family residences are permitted to be maintained, renovated and structurally altered. Additions to existing residential structures in order to provide commercial uses are also permitted regardless of density.
33. Except for the height and density requirements reflected in Section 17.420.058, Silverdale design district density and dimension table, all development within the Silverdale design district boundaries must be consistent with the Silverdale Design Standards found in Chapter 17.700, Appendix C3.
34. Development abutting a street for which a standard has been established by the Kitsap County arterial plan shall provide a special setback from the centerline of said street or a distance adequate to accommodate one-half of the right-of-way standard established by the arterial plans for the street. The building setback required by the underlying zone shall be in addition to the special setback and shall be measured from the edge of the special setback line. The special setback area shall be treated as additional required yard area and reserved for future street widening purposes.
35. For setback standards applicable to agricultural structures, see Section 17.455.080.
36. For standards applicable to master planned industrial developments and approved industrial parks, see Sections 17.320.030 and 17.330.030.
37. Adjacent to airports, the director may impose height restrictions and/or other land use controls as deemed essential to prevent the establishment of air space obstructions in air approaches to protect the public health, safety and welfare consistent with Federal Aviation Regulations (FAR) Part 77.
38. Reserved.
39. Reserved.
40. Height limitations set forth elsewhere in this title shall not apply to the following: barns, silos, or other farm buildings and structures, provided they are not less than fifty feet from every lot line; chimneys, spires on places of worship, belfries, cupolas, domes, smokestacks, flagpoles, grain elevators, cooling towers, solar energy systems, monuments, fire house towers, masts, aerials, elevator shafts, stairs or stair shafts and other similar projections; and outdoor theater screens, provided said screens contain no advertising matter other than the name of the theater. The proponent seeking exception to the height limitation shall certify that the object being considered under this provision will not shade an existing solar energy system which, by the determination of the director, contributes substantially to the space- or water-heating requirements of a building.
41. The following exceptions apply to front yard requirements for dwellings:
a. If there are dwellings on both abutting lots with front yards less than the required depth for the zone, the front yard for the lot need not exceed the average front yard of the abutting dwellings.
b. If there is a dwelling on one abutting lot with a front yard less than the required depth for the zone, the front yard need not exceed a depth of halfway between the depth of the front yard on the abutting lot and the required front yard depth.
c. If a modification to the front yard requirement is necessary in order to site dwellings in a manner that maximizes solar access, the director may modify the requirement.
d. On lots with multiple front yards, the front yard setback(s) in which the lot does not receive access may be modified by the director. Based upon topography, critical areas or other site constraints, the director may reduce these front yard setbacks to a minimum of twenty feet for properties requiring fifty feet and ten feet for properties requiring twenty feet. The director may not modify front yard setbacks from county arterials or collectors. Such reductions shall not have an adverse impact to surrounding properties.
42. The following exceptions apply to historic lots:
a. Building setback lines that do not meet the requirements of this title but were legally established prior to the adoption of this title shall be considered the building line for alterations, remodels, and accessory structures on the lot or parcel; providing, that no structure or portion of such addition may further project beyond the established building line.
b. Any single-family residential lot of record as defined in Chapter 17.110 that has a smaller width or lot depth than that required by this title, or is less than one acre, may use that residential zoning classification that most closely corresponds to the dimension or dimensions of the lot of record, for the purpose of establishing setbacks from the property lines.
43. Any structure otherwise permitted under this section may be placed on a lot or parcel within a required yard area if the director finds that such a location is necessary because existing sewer systems or roadways make compliance with the yard area requirements of this title impossible without substantial changes to the site.
44. Reserved.
45. Density in the KVLR zone may be increased to three units per acre through a performance-based development (PBD) process pursuant to the regulations cited in Section 17.360A.030(B).
46. A front porch and associated steps shall meet a minimum five-foot setback from the front property line and the following requirements:
a. Porches shall be at least forty percent open on each of two sides.
b. Porches shall be a minimum of four feet by six feet.
47. The Manchester Design Standards sets forth policies and regulations for properties within the Manchester village commercial (MVC) zone. All developments within the MVC zone must be consistent with the standards found in Chapter 17.700, Appendix C4.
48. Shoreline properties are subject to Title 22 and may have additional buffers and setbacks requirements not listed in the density and dimension tables. Properties constrained by critical areas are subject to Title 19 and may have additional buffers and setbacks requirements not listed in the density and dimension tables. Cornices, canopies, eaves, belt courses, sills, bay windows, fireplaces or other similar cantilevered features may extend up to twenty-four inches into any required yard area. In no case shall a habitable area be considered for encroachment into a required yard through any land use process. Additionally, fire escapes, open/uncovered porches, balconies, landing places or outside stairways may extend up to twenty-four inches into any required side or rear yards. Open/uncovered porches, balconies, landing places, or outside stairways shall not extend more than six feet into any required front yard and shall be a minimum of five feet from the front property line.
49. Minimum project size applies to the initial land use application for the property such as master plan, PBD or other mechanism. Subsequent subdivision through platting or binding site plan consistent with scope and conditions of the land use approval is not required to meet this minimum size.
50. New or remodeled structures within the Illahee View Protection Overlay may not exceed twenty-eight feet. Kitsap County will not enforce vegetation height standards.
51. Reserved.
52. No motor vehicle parking allowed within the front yard setback. See also Section 17.400.060 regarding conditions under which maximum setbacks may increase, as well as parking location standards.
53. Within the Gorst urban growth area, density, impervious surface coverage and height may be increased to the maximum listed in the density and dimensions table through compliance with the incentive program described in Section 17.400.080(B).
54. Standard listed applicable to Gorst UGA only.
55. Parcels located within the Silverdale Regional Growth Center shall refer to the design standards identified in Section 17.420.058, Silverdale regional center and design district density and dimension table.
56. Height may be increased by meeting one of the following criteria:
a. The project is a performance based development per Chapter 17.450; or
b. The project qualifies as mixed use development or multifamily development and meets modification or waiver request criteria as identified in Section 17.420.035, Mixed use and multifamily development standard modifications.
57. Mixed use projects are not required to meet the minimum density requirements.
58. As part of a town master plan developed under Section 17.360C.030, maximum density shall apply to the entirety of the RHT rather than a specific RHT zone. The density of any specific development shall maintain the historic character of the RHT and shall not cause the total number of dwelling units within the RHT to exceed two hundred ninety-five. However, no units shall be transferred into the RHTW zone from other zones in the RHT.
59. Maximum density shall be fourteen dwelling units an acre if the development includes at least eighty-five percent of units as single-family attached, cottage housing and/or multiple-family dwellings only.
60. For development within the commercial zone within the Kingston UGA, no limitation on maximum density is established.
61. Maximum heights in the commercial zone for projects not applying the requirements of Section 17.420.035 are as shown below:
a. Kingston, Silverdale, and Central Kitsap UGAs = fifty-five feet.
b. West Bremerton, East Bremerton, Gorst and Port Orchard/South Kitsap UGA = forty-five feet.
62. Minimum height requirement does not apply to institutional, civic, or park uses. If multiple buildings are provided on site, only one building must meet minimum height requirement.
63. The minimum lot area or lot dimensions may be modified beyond these standards through approval of a performance based development pursuant to Chapter 17.450. Lots proposed below the minimum lot size or lot dimensions must demonstrate all lots are buildable and that the following are met:
a. All lots demonstrate compliance with other provisions of code including but not limited to parking, setbacks, and stormwater.
b. Where sanitary sewer service is to be on site, the lots demonstrate adequate space in accordance with applicable health district standards.
c. If approved through a subdivision, platting documents shall include language that ensures maximum density is not exceeded.
d. New lots shall not create the need for a variance to develop, pursuant to Chapter 17.560.
