Kitsap County Unincorporated
City Zoning Code

A single ADU on a lot is not required to provide the additional off-street parking space specified in Chapter 17.490, Off-Street Parking and Loading, if one of the following criteria is met:

The second ADU shall provide one off-street parking space in addition to that which is required for the primary dwelling unit.

ADU, attached shall be located within an owner-occupied primary residence;

ADUs, attached, are limited in size to no greater than fifty percent of the habitable area of the primary residence;

The ADU, attached, is subject to applicable health district standards for water and sewage disposal;

Only one ADU, attached, shall be allowed per lot;

ADUs, attached, are to provide additional off-street parking with no additional street-side entrance; and

ADUs, attached, are not allowed where an accessory dwelling unit exists.

Existing Unpermitted ADU, Attached. Existing unpermitted ADU, attached, may be approved under the provisions of subsection (B)(11) of this section.

Only one ADU shall be allowed per lot;

Owner of the property must reside in either the primary residence or the ADU;

The ADU shall not exceed fifty percent of the square footage of the habitable area of the primary residence or nine hundred square feet, whichever is smaller. Dimensions are determined by interior measurements;

The ADU shall be located within one hundred fifty feet of the primary residence or shall be the conversion of an existing detached structure (e.g., garage);

The ADU shall be designed to maintain the appearance of the primary residence;

All setback requirements for the zone in which the ADU is located shall apply;

The ADU shall meet the applicable health district standards for water and sewage disposal;

No mobile homes or recreational vehicles shall be allowed as an ADU;

An ADU shall use the same side-street entrance as the primary residence and shall provide additional off-street parking; and

An ADU is not permitted on the same lot where an accessory dwelling unit, attached (ADU-A), exists.

Existing, Unpermitted Accessory Dwelling Units, Attached or Detached, located Outside an Urban Growth Area.

Adult bookstore;

Adult mini-motion picture theater;

Adult motion picture theater;

Adult novelty store; and

Cabaret.

Within one thousand feet of any other existing adult entertainment use; and/or

Within five hundred feet of any non-commercial zone, or any of the following residentially related uses:

In addition to special provisions relating to signage in this title, it shall be unlawful for the owner or operator of any adult entertainment use establishment or any other person to erect, construct, or maintain any sign for the adult entertainment use establishment other than one primary sign and one secondary sign, as provided herein.

Primary signs shall have no more than two display surfaces. Each such display surface shall:

Primary and secondary signs shall contain no photographs, silhouettes, drawings or pictorial representations of any manner, and may contain only:

Primary signs for adult movie theaters may contain the additional phrase, “Movie Titles Posted on Premises.”

0 – 3,999 square feet = P.

4,000 – 10,000 square feet = ACUP.

10,001 – 15,000 square feet = C.

15,001 square feet and above = X.

Must be accessory to an immediate primary use.

Drive aisles/stacking lanes shall be designed to accommodate a minimum of three vehicles per service window/door (i.e., eight and one-half feet in width and sixty feet in length) with direct access to the service window. The drive aisles/stacking lanes shall be designed to prevent any vehicles from interfering with public or private roadways, pedestrian circulation, traffic circulation, parking areas or other required development amenities.

Subject to provisions set forth in Chapter 17.490, drive aisles and parking areas must also be paved in urban growth areas and include, at minimum, hard compacted surfaces in rural areas. Such surfaces must be addressed with required drainage facilities. A joint parking agreement shall be required if parking cannot be accommodated on site.

All structures must be permanently secured to the ground.

Restroom facilities must be available for employees. Portable or temporary restroom facilities shall not be used to meet this requirement.

Two hundred persons per outdoor event. For open events such as fairs, markets or bazaars, participant volume shall be limited to two hundred persons maximum on site at any one time. The director or hearing examiner may increase or decrease the number of persons to reduce the potential impact to neighbors. Considerations shall include site size, access and parking, hours of operation, proximity to neighbors and screening, noise, or other site-specific circumstances.

Maximum building occupancy for indoor only events. Maximum building occupancy is established through a building occupancy permit with the department of community development.

Not exceed one event per day; each day shall be considered its own event, regardless if the event occurs over multiple days.

Leave ten consecutive days of each month free of events, which must begin with the same Friday each month (e.g., first Friday). The applicant must submit the preferred schedule as part of the permit application.

The director or hearing examiner may increase or decrease the number and frequency of events to reduce the potential impact to neighbors.

Access directly from a Kitsap County maintained right-of-way.

Provide and implement a parking plan for the site. This plan must:

Provide and implement a traffic management plan. This plan must include:

Around the perimeter of the entire parcel; or

Around the proposed use area that accommodates outdoor events.

A facility may use supplemental plantings within an existing vegetation to accomplish a landscape buffer. Irrigation must be provided meeting the standards set forth in county codes.

Landscaping shall be installed and maintained in conformance with the requirements of Chapter 17.500. Landscaping shall be installed and inspected prior to requesting a final inspection or guaranteed by means of an assignment of funds or bonded in the amount of one hundred fifty percent of the cost of installation.

Compliance with county permitting requirements for building, fire, safety, health, and business licensing;

Conformance to lot size, building size, setbacks, and lot coverage standards applicable to the zone;

Certification by the Department of Children, Youth and Families of a safe passenger loading area;

Outdoor noise shall be limited to the hours of 7:00 a.m. to 10:00 p.m., or as otherwise pursuant to Chapter 10.28, Noise.

Evidence of written neighbor notification to immediately adjoining property owners before state licensing, with contact information for the department of community development; and

The use must comply with all applicable state licensing requirements for a family day care prior to operation.

“Within the line of sight” means that it is possible to reasonably visually distinguish and recognize individuals.

“Risk-potential activities and facilities” means an activity or facility that provides a higher incidence of risk to the public from persons conditionally released from the special commitment center. Risk-potential activities and facilities include: public and private schools, school bus stops, licensed day-care and licensed preschool facilities, domestic violence shelters, public parks, publicly dedicated trails, sports fields, playgrounds, recreational and community centers, churches, synagogues, temples, mosques, public libraries, public and private youth camps, and other specific uses identified during a neighborhood hearing. For the purpose of this section, “school bus stops” does not include bus stops established primarily for public transit.

Business uses shall be secondary to the dominant residential use;

The residential character of the building shall be maintained and the business shall be conducted in such a manner as not to give an outside appearance of a business;

The business shall be conducted entirely within the residence;

The residence shall be occupied by the owner of the business;

The business shall not infringe upon the right of the neighboring residents to enjoy the peaceful occupancy of their homes;

No clients or customers shall visit or meet for an appointment at the residence;

No employees or independent contractors are allowed to work in the residence other than family members who reside in the residential dwelling;

No activities that create noise, increase risk of fire, or in any way threaten the safety and tranquility of neighboring residents are permitted;

No more than two pickups and/or deliveries for business activities or purposes per day are allowed, not including normal U.S. mail;

The business shall not occupy more than twenty-five percent of the gross floor area of the residence; and

No signs to advertise the business/occupation shall be allowed on the premises (except attached to mailbox not to exceed one square foot).

Business uses shall be secondary to the dominant residential use;

The residential character of the building shall be maintained and the business shall be conducted in such a manner as not to give an outside appearance of a business;

The residence shall be occupied by the owner of the business;

The business shall occupy no more than thirty percent of the gross floor area of the residence;

The business shall not infringe upon the right of the neighboring residents to enjoy the peaceful occupancy of their homes;

No more than two employees, including proprietors (or independent contractors), are allowed;

Nonilluminated signs not exceeding four square feet are permitted, subject to a sign permit approved by the director;

No outside storage shall be allowed; and

In order to assure compatibility with the dominant residential purpose, the director may require:

Business uses shall be secondary to the dominant residential use;

The residential character of the building shall be maintained and the business shall be conducted in such a manner as to moderate any outside appearance of a business;

The residence shall be occupied by the owner of the business;

The business shall not infringe upon the right of the neighboring residents to enjoy the peaceful occupancy of their homes;

No more than five employees (or independent contractors) are allowed;

Nonilluminated signs not exceeding four square feet are permitted, subject to a sign permit approved by the director; and

In order to ensure compatibility with the dominant residential purpose, the director may require:

Marijuana is illegal under Federal Controlled Substances Act, 21 U.S.C. Section 801 et seq. People and businesses involved in the production, processing, sales, and possession of marijuana could still be subject to prosecution under federal law. State and local regulations do not preempt federal law. Local zoning and other regulations are not a defense against a violation of federal law.

This section is necessary to protect the public health, safety and welfare of Kitsap County citizens. Nothing in this section shall be construed as an authorization to circumvent or violate state or federal law, as permission to any person or entity to violate federal law, or to supersede any legislation prohibiting the uses subject to this section.

This section shall apply to those marijuana processors that are licensed by the Washington State Liquor and Cannabis Board under Chapter 314-55 WAC.

Facilities and uses may only be located at designated sites licensed by the state of Washington and fully conforming to state law and Kitsap County Code.

Must be a minimum of one thousand feet away, as measured by the shortest straight line between property boundaries, from any elementary or secondary school, playground, recreation center or facility, child care center, public park, public transit center, library or game arcade as defined in WAC 314-55-010.

Kitsap County makes no representations as to the legality of the use subject to this section. All applicable permits (e.g., administrative conditional use permits, building permits or tenant improvement permits) shall be required.

Only state-licensed marijuana processors may locate within unincorporated Kitsap County. Upon request, all processors must supply a copy of the state-issued license.

No permit shall be approved unless the applicant demonstrates full compliance with Chapter 69.50 RCW and Chapter 314-55 WAC.

Marijuana is illegal under Federal Controlled Substances Act, 21 U.S.C. Section 801 et seq. People and businesses involved in the production, processing, sales, and possession of marijuana could still be subject to prosecution under federal law. State and local regulations do not preempt federal law. Local zoning and other regulations are not a defense against a violation of federal law.

This section is necessary to protect the public health, safety and welfare of Kitsap County citizens. Nothing in this section shall be construed as an authorization to circumvent or violate state or federal law, as permission to any person or entity to violate federal law, or to supersede any legislation prohibiting the uses subject to this section.

This section shall apply to those marijuana producers that are licensed by the Washington State Liquor and Cannabis Board under Chapter 314-55 WAC.

Facilities and uses may only be located at designated sites licensed by the state of Washington and fully conforming to state law and this section.

Must be a minimum of one thousand feet away, as measured by the shortest straight line between property boundaries, from any elementary or secondary school, playground, recreation center or facility, child care center, public park, public transit center, library or game arcade as defined in WAC 314-55-010.

Kitsap County makes no representations as to the legality of the use subject to this section. All applicable permits (e.g., administrative conditional use permits, building permits or tenant improvement permits) shall be required.

Only state-licensed marijuana producers may locate within unincorporated Kitsap County. Upon request, all producers must supply a copy of the state-issued license.

No permit shall be approved unless the applicant demonstrates full compliance with Chapter 69.50 RCW and Chapter 314-55 WAC.

Marijuana is illegal under Federal Controlled Substances Act, 21 U.S.C. Section 801 et seq. People and businesses involved in the production, processing, sales, and possession of marijuana could still be subject to prosecution under federal law. State and local regulations do not preempt federal law. Local zoning and other regulations are not a defense against a violation of federal law.

This section is necessary to protect the public health, safety and welfare of Kitsap County citizens. Nothing in this section shall be construed as an authorization to circumvent or violate state or federal law, as permission to any person or entity to violate federal law, or to supersede any legislation prohibiting the uses subject to this section.

This section shall apply to those marijuana retailers that are licensed by the Washington State Liquor and Cannabis Board under Chapter 314-55 WAC.

Both with and without endorsements, may be located at designated sites licensed by the state of Washington and fully conforming to state law and Kitsap County Code.

Must be a minimum of one thousand feet away, as measured by the shortest straight line between property boundaries, from any elementary or secondary school, playground, recreation center or facility, child care center, public park, public transit center, library or game arcade as defined in WAC 314-55-010.

Kitsap County makes no representations as to the legality of the use subject to this section. All applicable permits (e.g., administrative conditional use permits, building permits or tenant improvement permits) shall be required.

Only state-licensed marijuana retailers may locate within unincorporated Kitsap County. Upon request, all retailers must supply a copy of the state-issued license.

No permit shall be approved unless the applicant demonstrates full compliance with Chapter 69.50 RCW and Chapter 314-55 WAC.

Personal services shall not exceed four thousand square feet.

Pet grooming shall require an administrative conditional use permit.

These provisions do not apply to wireless communication facilities, which are specifically addressed in Chapter 17.530.

The erection, construction, alteration, or maintenance of overhead or underground utilities by a public utility, municipality, governmental agency, or other approved party shall be permitted in any zone.

In the forest resource lands (FRL) zone, public facilities shall not inhibit forest practices.

In the mineral resource overlay (MRO), public facilities shall not inhibit mineral resource extraction, processing, or production.

Water towers which exceed the height requirements of the zone in Chapter 17.420, solid waste collection, or transfer and/or handling sites in any zone shall be subject to a conditional use permit (C).

Utility transmission and distribution lines and poles may exceed the height limits otherwise provided for in this title.

The public facility shall not substantially interfere with or detract from the intent of the zone district, as determined by the director.

The public facility shall provide a solid screening buffer to mitigate impacts on the visual character of a neighborhood as seen from rights-of-way or adjacent properties. Landscaping shall be installed and maintained in conformance with the requirements of Chapter 17.500.

Noise, odor, dust and light impacts shall be mitigated from adjacent properties consistent with Section 17.105.110, Obnoxious things.

Additional review for stormwater management may be required consistent with Title 12, Storm Water Drainage.

0 – 3,999 square feet = P.

4,000 – 10,000 square feet = ACUP.

10,001 – 15,000 square feet = C.

15,001 square feet and above = X.

0 – 3,999 square feet = P.

4,000 – 10,000 square feet = ACUP.

10,001 – 15,000 square feet = C.

15,001 square feet and above = X.

Accessory to the predominant residential use of the property.

Sized consistently for the number of lots/units being served.

Shall serve only the residents of a platted development or multifamily project.

Self-service storage shall require a conditional use permit (C).

Cold storage facilities and storage of vehicles and equipment shall be prohibited.

Be allowed only in conjunction with storage, indoor.

Be accessory to a platted development or multifamily project.

Be sized for the number of lots/units being served.

Only serve the residents of the associated platted development or multifamily project.

Be visually screened from adjacent properties by a sight-obscuring fence or natural vegetation buffer.

0 – 3,999 square feet = P.

4,000 – 10,000 square feet = ACUP.

10,001 – 15,000 square feet = C.

15,001 square feet and above = X.

The subdivision shall have received preliminary plat approval;

One model home may be occupied as a temporary real estate office;

A model home may not be occupied as a dwelling unit or sold until the approved final plat is recorded;

The number of model home permits that may be issued for any approved preliminary plat or division thereof shall not exceed six;

If the lots to be used for model home purposes are in a block of two or more contiguous lots, temporary uses may be incorporated onto one or more lots, including temporary offices, parking, parks and playgrounds, subject to the approval of the director, and subject to obtaining a temporary use permit, which shall authorize the temporary uses for a period of one year. The director may extend the temporary use permit for up to two additional periods of six months each;

Lots used for model homes must be clear of restrictions or easements that may be subject to line changes before recording;

Stormwater management facilities must be in place and/or approved for recording. Temporary erosion control must be completed prior to occupancy of a model home;

Roads must be constructed to final alignment and grade such that the building inspector can determine if connecting driveways meet county standards prior to occupancy of a model home;

Permanent or temporary fire flow for the final plat must be approved by the fire marshal, constructed and operational prior to occupancy of a model home; and

Final plat restoration bonds must be posted prior to occupancy of a model home.

0 – 3,999 square feet = P.

4,000 – 10,000 square feet = ACUP.

10,001 – 15,000 square feet = C.

15,001 square feet and above = X.