A performance based development (PBD) allows flexibility in design and creative site planning, while providing for the orderly development of the county. A PBD also allows a wider range of development types and layouts to accomplish the following purposes:

A.    Protect critical areas and preserve natural site features such as trees, topography, and geologic features;

B.    Promote greater integration of active recreational space and uses;

C.    Promote the opportunity for housing that is affordable to a broad range of income and age groups;

D.    Provide for increased efficiency in the layout of the streets, utilities and other public improvements;

E.    Implement the policies of the Kitsap County Comprehensive Plan;

F.    Encourage creative approaches to the use of land and related physical development; and

G.    Encourage the use of low-impact development techniques and other creative designs to create a more desirable environment than would be possible through strict application of the remainder of this title.

(Ord. 637 (2024) § 7(D) (App. D), 2024; Ord. 534 (2016) § 7(5) (App. E) (part), 2016)

Standard regulations that may be modified through the use of a PBD include:

A.    Lot size. Lot size alteration through PBD may include but is not limited to zero lot lines. Zero lot line PBD lots with attached housing of two or more units have no minimum lot size, but must be a minimum of sixteen feet wide and may have zero-foot internal side setbacks along common walls. Separation between buildings must be the minimum required to meet fire code requirements.

B.    Lot width and depth.

C.    Structure height (only within designated urban growth areas).

D.    Setbacks (front, side and rear yards), as outlined in Section 17.450.070. For urban zones, plans to reduce setbacks shall include usable private open space. When direct physical access to common open space is not feasible, a minimum of ten percent of the individual lot area shall be usable open space with minimum dimensions of fifteen feet. Covered but unenclosed patio spaces may be used to meet the dimensional requirements. Lots adjacent to and with direct physical access to common open space with minimum dimensions of thirty feet are exempt from the minimum fifteen-foot dimensional requirement for usable private open space.

E.    Parking requirement modifications as outlined in Section 17.450.070.

F.    Use modifications for residential zones, as provided in Section 17.450.070.

G.    Street modifications for residential developments, as provided in Section 17.450.070.

Minimum and maximum densities and allowed uses authorized by the zone shall not be subject to modification through the use of a PBD.

(Ord. 637 (2024) § 7(D) (App. D), 2024)

The hearing examiner shall have the authority to recommend approval, approval with conditions, disapproval, or revoke performance based developments, subject to the provisions of this section. Changes in use of site area, or alteration of structures or uses classified as residential and commercial performance based developments, and existing prior to the effective date of this title, shall conform to all regulations pertaining to performance based developments.

(Ord. 637 (2024) § 7(D) (App. D), 2024; Ord. 534 (2016) § 7(5) (App. E) (part), 2016. Formerly 17.450.020)

A.    Inside unincorporated urban growth areas, urban transition areas, and rural LAMIRDs, the provisions of this chapter can be used for any properties.

B.    Outside the urban growth areas, urban transition areas, and rural LAMIRDs, the provisions of this chapter can be used for properties over twenty acres in size.

(Ord. 637 (2024) § 7(D) (App. D), 2024)

Where an applicant seeks to modify standard regulations of land segregation under Title 16 consistent with this chapter, review of PBD standards shall occur as part of the underlying Title 16 permit application. A PBD supplemental application shall be filed with the Title 16 application.

(Ord. 637 (2024) § 7(D) (App. D), 2024)

Uses permitted in a PBD are those allowed in the underlying zone. The hearing examiner shall hold a public hearing and render a decision as set forth in Title 21.

(Ord. 637 (2024) § 7(D) (App. D), 2024; Ord. 534 (2016) § 7(5) (App. E) (part), 2016. Formerly 17.450.030)

A.    Access, Parking and Circulation.

1.    General. The PBD shall have adequate pedestrian and vehicle access and parking commensurate with the location, size, density and intensity of the proposed development. Vehicle access shall not be unduly detrimental to adjacent areas and shall take into consideration the anticipated traffic which the development may generate.

2.    Streets. Provide adequate road access, connected road network, safe pedestrian access, and emergency vehicle access. The provisions below apply to unincorporated urban growth areas, urban transition areas, and rural LAMIRDs.

a.    For zero lot line PBD subdivisions, a private access tract with, at a minimum, twenty-foot driving and fire lane and five-foot pedestrian facility on at least one side, provided adequate guest parking is provided (one-half space/lot available within five hundred feet of all lots).

b.    Lots that access off alleyways, pedestrian courtyards, or common open space are not required to front on a private or public road. Alley access lots (see Figure 1 below) may be integrated in a subdivision to allow greater opportunities for integrating open space corridors (on opposite side of lots from the alley) provided adequate guest parking is accommodated in the surrounding street network (one-half space/lot available within five hundred feet of all lots).

Figure 1. An example of a subdivision integrating alley access lots, which allows for the integration of open space corridors in place of some streets. Note that the shallow garage driveways allow extra space for delivery trucks and on-street parking on the perpendicular streets helps to accommodate guest parking for these alley access lots.

3.    Parking. The number of vehicular parking spaces shall be provided in accordance with Section 17.490.030, with additional incentives as follows:

a.    Vehicular parking may be provided either on street or off street within the PBD, provided the total number of available spaces is at least equal to the parking requirements specified in the parking and loading requirements.

b.    PBDs with a commercial component may share up to twenty-five percent of required parking between residential and commercial uses.

c.    Up to fifty percent of off-street parking spaces may be compact stalls in accordance with Section 17.490.040.

d.    Shared driveways are allowed.

4.    Pedestrian Circulation. A sidewalk or pathway system shall be provided through each neighborhood. The sidewalk or pathway system may disconnect from the road, provided the sidewalk/pathway continues in a logical route throughout the residential development to access each home. The pathway shall connect to schools, parks, and adjacent development when applicable. These facilities shall be durable, serviceable, safe, convenient to the buildings and separated by curb or other means from the vehicle traffic facilities.

B.    Setbacks. PBD lots have flexibility in setbacks provided as follows:

1.    Front or side setback if abutting a pedestrian easement: five feet.

2.    Rear setback: reduced up to twenty-five percent with a minimum of ten feet.

3.    Alleyway: five feet, ten for garage.

4.    Facing common open space: five feet.

C.    Common Open Space. No open area may be accepted as common open space within a PBD, unless it meets the following requirements:

1.    The location, shape, size, and character of the common open space is suitable for the PBD; however, in no case shall the common open space be less than fifteen percent of the gross acreage of the subject property(s). No area shall be calculated as common open space if less than five hundred square feet in size, except if the area provides a reasonable functional or aesthetic benefit to the residents of the PBD;

2.    The common open space is suitable for use as an amenity or recreational purpose, provided the use authorized is appropriate to the scale and character of the planned density, topography, and the number and type of dwellings provided;

3.    Common open space may be improved for its intended use as allowed under Kitsap County Code. Common open space containing critical areas may be enhanced consistent with the requirements of Title 19, Critical Areas Ordinance. Vegetation-based LID BMPs are permitted within common open space areas. The buildings, structures, and improvements to be permitted in the common open space are those appropriate to the uses which are authorized for the common open space; and

4.    Common open space shall not include any of the following:

a.    Lots, dwellings, and associated private yards, outdoor storage areas, and building setback areas;

b.    Public or private street right-of-way including sidewalks and planter strips;

c.    Parking lots, driveways, and other areas of motorized vehicle access; or

d.    Open drainage facilities such as detention and retention ponds, wetponds, and other drainage facilities that require fencing pursuant to the drainage manual or engineering design standards;

5.    Land shown in the final development plan as common open space, and the landscaping and/or planting contained therein, shall be permanently maintained by and conveyed to one of the following:

a.    An association of owners, or contracted agent, formed and continued for the purpose of maintaining the common open space. The association shall be created as an association of owners under the laws of the state of Washington and shall adopt articles of incorporation of association and bylaws. The association shall adopt, in a form acceptable to the prosecuting attorney, covenants and restrictions on the open space providing for the continuing care of the area. No common open space may be altered or put to a change in use in a way inconsistent with the final development plan unless the final development plan is first amended. No change of use or alteration shall be considered as a waiver of any covenants limiting the use of the common open space, and all rights to enhance these covenants against any use permitted are expressly reserved;

b.    A public agency which agrees to maintain the common open space and any buildings, structures, or other improvements which have been placed on it; or

c.    A private nonprofit conservation trust or similar entity with a demonstrated capability to carry out the necessary duties and approved by the county. Said entity shall have the authority and responsibility for the maintenance and protection of the common open space and all improvements located in the open space;

6.    In rural zones, common open space shall be no less than fifty percent of the total site area. All open space, other than those areas needed for utilities or other infrastructure, shall be retained in native vegetation unless the PBD specifically provides for an alternative use. PBDs in rural zones shall be exempt from the requirements for contiguous developed recreation space as contained in subsection (C)(1) of this section, but shall be subject to the active recreational area requirements of subsection (C)(2) of this section.

D.    Recreational Open Space. All residential PBDs within urban zones shall integrate developed active recreational area (a type of open space) that meets the following requirements:

1.    Minimum Area. The recreational area must meet the requirements of Section 16.24.040(I) multiplied by a factor of one and one-half. This area may be included and count towards common open space requirement of Section 16.24.040(H). Recreational open space excludes perimeter screening buffers, critical areas and critical area buffers.

2.    Minimum Dimensions. No recreational area shall be calculated as recreational open space if less than five hundred square feet in size, except if the area provides a functional or aesthetic benefit to the residents of the PBD.

3.    Ownership and Maintenance. The recreational area shall be owned in common and/or available for use by all residents of the PBD and include provisions made by the covenants for perpetual maintenance.

4.    Recreational areas shall be provided as follows:

a.    Developments of zero to nineteen lots/units are not required to have such a recreational area;

b.    For developments with greater than nineteen lots or units, one recreational area shall be provided for every twenty lots/units within the development. Required amenities shall be sized to accommodate three hundred ninety square feet per lot/unit;

c.    Recreational areas shall be centrally located within the development in clearly visible areas on property suitable for such development. Recreational areas may be located in other areas of the development if directly linked with a regional trail system or other public park facility;

d.    Based upon topographical or site design characteristics of the subject property(s), recreational areas may be combined (while continuing to meet the overall square footage requirements established above) if the combination provides for increased benefit to all residents of the PBD;

e.    Recreational areas may be located within, and be calculated towards, the recreational open space area if contiguous;

f.    An athletic field with a minimum size of one hundred twenty yards long and sixty yards wide or swimming pool shall count as two recreational areas;

g.    An equestrian development or similar theme community may be provided in lieu of other recreational areas;

h.    Recreational areas shall be located on five percent grade or less, except if a greater grade is necessary for the activities common to the amenity, e.g., skate park, trails;

i.    Recreational areas may feature, but are not limited to, the following:

i.    Golf course;

ii.    Swimming pool;

iii.    Basketball, tennis, pickleball, or similar courts or half-courts;

iv.    Skateboard facilities;

v.    Baseball, football, soccer, or similar athletic fields;

vi.    Disc golf;

vii.    Horseshoes, bocce, or similar lawn games;

viii.    Volleyball or similar net sports;

ix.    Tot lot with playground equipment (soft surface);

x.    Exercise fitness trails; or

xi.    Other similar amenities.

E.    Alternative Designs. In order to promote creativity and innovation, these standards and criteria may be modified or substituted with other design concepts if so approved by the hearing examiner in accordance with Section 17.450.090.

(Ord. 641 (2025) § 13, 2025; Ord. 637 (2024) § 7(D) (App. D), 2024; Ord. 540 (2016) § 39, 2016: Ord. 534 (2016) § 7(5) (App. E) (part), 2016. Formerly 17.450.040)

A.    Access, Parking and Circulation.

1.    General. The PBD shall have adequate pedestrian and vehicle access and parking commensurate with the location, size, density and intensity of the proposed development. Vehicle access shall not be unduly detrimental to adjacent areas and shall take into consideration the anticipated traffic which the development may generate;

2.    Streets. Provide adequate road access, connected road network, safe pedestrian access, and emergency vehicle access;

3.    Parking. The number of vehicular parking spaces shall be provided in accordance with Section 17.490.030. Vehicular parking may be provided either on street or off street within the PBD, provided the total number of available spaces is at least equal to the parking requirements specified in the parking and loading requirements; and

4.    Pedestrian Circulation. Adequate pedestrian circulation facilities shall be provided. These facilities shall be durable, serviceable, safe, and convenient to the buildings and separated by curb or other means from the vehicle traffic facilities.

B.    Common Open Space.

1.    Common open space shall be for public use and may include active or passive recreational uses such as trails or pathways, tot lots, plazas, patios or other amenities;

2.    Common open space shall be located in a manner suitable for the uses proposed;

3.    Each project shall contain a minimum of fifteen percent common open space based upon the gross acreage of the site; and

4.    No area shall be calculated as common open space if less than five hundred square feet in size, except if the area provides a reasonable functional or aesthetic benefit to the users of the PBD. Vegetation-based LID BMPs within common open space areas shall not be deducted from the area calculation of a common open space area. Covered or internal open space areas may be used.

C.    Site Design.

1.    The project design shall provide a more efficient use of land within the urban areas;

2.    Amenities intended for public use shall be coordinated with regional trail, park or other facility plans;

3.    Design shall provide innovations to decrease building footprint and other site disturbances; and

4.    Design shall include architectural features and other aesthetics to address site impacts.

D.    Structure Height.

1.    The project shall include the use of topography and other site characteristics to minimize the impacts of a proposed increase in height; and

2.    The increase in height shall minimize site disturbance necessary to accommodate the proposed use.

(Ord. 637 (2024) § 7(D) (App. D), 2024; Ord. 540 (2016) § 40, 2016: Ord. 534 (2016) § 7(5) (App. E) (part), 2016. Formerly 17.450.045)

In recommending approval of the preliminary development plans for a performance based development, conditionally or otherwise, the hearing examiner shall first make a finding that all of the following conditions exist:

A.    The design of the PBD meets the requirements of this section, other sections of the county code and the goals and policies of the Comprehensive Plan and the site is adequate in size and character to accommodate the proposed development;

B.    The design of the PBD is compatible with neighboring conforming land uses. An assessment of compatibility shall include, but not be limited to, the consideration of association with adjacent land uses and the proposed project’s effects on existing views, traffic, blockage of sunlight, and noise production;

C.    If the development is phased, each phase of the proposed development shall meet the requirements of this chapter;

D.    The site for the proposed use relates to streets and highways adequate in width and pavement type to carry the quantity and kind of traffic generated by the proposed use;

E.    The proposed and/or existing public facilities and utilities are adequate to serve the project; and

F.    The establishment, maintenance, and/or conduct of the use for which the development plan review is sought will not, under the circumstances of the particular case, be detrimental to the health, safety or welfare of persons residing or working in a neighborhood of such use and will not, under the circumstances of the particular case, be detrimental to the public welfare, injurious to property or improvements in said neighborhood, or contrary to orderly development.

G.    Innovations and/or public benefits shall be commensurate with the code modifications proposed.

(Ord. 637 (2024) § 7(D) (App. D), 2024; Ord. 534 (2016) § 7(5) (App. E) (part), 2016. Formerly 17.450.050)

A.    In addition to all requirements of Chapter 17.430, an application for PBD shall contain the information identified by the submittal requirements checklist established by the department as set forth in Section 21.04.160 in addition to the following:

1.    Reserved;

2.    Landscaping plan, drawn to scale, showing the location of landscaped areas;

3.    A written statement by the landowner or his agent setting forth the reasons why the performance based development would be in the public interest;

4.    Environmental checklist and, if required, environmental impact statement; and

5.    Other information as required in the preapplication meeting checklist and PBD application.

B.    The following information shall be submitted to the department for review of the final development plan to ensure compliance with conditions of preliminary approval. The director shall transmit his findings to the board of county commissioners who shall act on the final development plan.

1.    Site plan, drawn to scale with dimensions, showing all required elements including but not limited to: the proposed layout of structures, off-street parking and loading areas, landscape areas, pedestrian walkways, driveways, ornamental lighting, screening, fences and walls;

2.    If applicable, a schedule showing the proposed time and sequence within which the applications for final approval of all sections of the performance based development are intended to be filed.

C.    Following the approval of the preliminary development plan, the applicant shall file with the department a final development plan containing the information required in subsection (B) of this section in a time frame consistent with Title 21.

If the director finds evidence of a significant deviation from the preliminary development plan, the director shall advise the applicant to submit an application for amendment of the preliminary development plan. An amendment shall be considered in the same manner as an original application.

D.    In granting any final performance based development, the board may require adequate guarantees of compliance with the final development plan. Such guarantee may be a performance bond or other form of security in an amount sufficient to ensure compliance, and may provide that such security be reduced as stages of construction are completed. Alternatively, or in addition to the security, conditions may be imposed requiring other adequate assurances that the structures and improvements will be completed, subject to the review and approval as to form by the prosecuting attorney; or that the county may, in the event of the applicant’s failure to comply, take steps necessary to ensure compliance, including performing the construction or maintenance itself, and levy a lien for all costs thereof against the property.

(Ord. 637 (2024) § 7(D) (App. D), 2024; Ord. 550 (2018) § 25, 2018: Ord. 534 (2016) § 7(5) (App. E) (part), 2016. Formerly 17.450.060)

PBDs shall be considered by the hearing examiner. Public notice shall be given as provided for in Title 21.

(Ord. 637 (2024) § 7(D) (App. D), 2024; Ord. 534 (2016) § 7(5) (App. E) (part), 2016. Formerly 17.450.070)

No building or other permit shall be issued until after the end of the period allowed to appeal the hearing examiner’s decision. An appeal shall automatically stay the issuance of a building or other permit until such appeal has been heard and a decision rendered by the board of county commissioners.

(Ord. 637 (2024) § 7(D) (App. D), 2024; Ord. 534 (2016) § 7(5) (App. E) (part), 2016. Formerly 17.450.100)

A.    Revision of a performance based development or of conditions of permit approval is permitted as follows:

1.    Minor revisions may be permitted by the department and shall be properly recorded in the official case file. No revision in points of vehicular access to the property shall be approved without prior written concurrence of the director of the department of public works. Minor revisions shall be processed as a Type I application; and

2.    Major revisions, including any requested change in permit conditions, shall be processed as a Type III application if the performance based development is in conjunction with a subdivision. All other major revisions shall be processed as a Type II application.

B.    Minor and major revisions are defined as follows:

1.    A “minor” revision means any proposed change which does not involve substantial alteration of the character of the plan or previous approval; and

2.    A “major” revision means any expansion of the lot area covered by the permit or approval, or any proposed change that includes any one of the following:

a.    Substantial relocation of buildings, parking or streets;

b.    A reduction in any perimeter setback;

c.    An increase in the residential density;

d.    An increase in the gross floor area of a multifamily, commercial, industrial or commercial component of a project greater than ten percent;

e.    Any relocation of the common open space which makes it less accessible or reduces the area greater than five percent;

f.    Any change in the landscape buffers resulting in a reduction in width or density of planting between the development and adjoining properties;

g.    Any substantial change in the points of access;

h.    Any increase in structure height; or

i.    An alteration in dwelling unit separation, e.g., attached or detached dwelling units.

3.    Any increase in vehicle trip generation shall be reviewed to determine whether the revision is major or minor. The traffic analysis shall be filed by the applicant at the same time as the request for revision. The traffic analysis will follow traffic impact analysis guidelines as set forth in Chapter 20.04.

(Ord. 637 (2024) § 7(D) (App. D), 2024; Ord. 534 (2016) § 7(5) (App. E) (part), 2016. Formerly 17.450.110)

Any revocation proceeding shall be conducted in accordance with Chapter 17.600.

(Ord. 637 (2024) § 7(D) (App. D), 2024; Ord. 534 (2016) § 7(5) (App. E) (part), 2016. Formerly 17.450.120)

The recipient of a PBD permit shall file a land use permit binder on a form provided by the department with the county auditor prior to initiation of any further site work; issuance of any development/construction permits by the county; or occupancy/use of the subject property or the building thereon for the use/activity authorized, whichever comes first. The binder shall serve both as an acknowledgment of and agreement to abide by the terms and conditions of the permit and as a notice to prospective purchasers of the existence of the permit.

(Ord. 637 (2024) § 7(D) (App. D), 2024; Ord. 534 (2016) § 7(5) (App. E) (part), 2016. Formerly 17.450.130)