Chapter 17.100


17.100.010    Title.

17.100.020    Purpose and scope.

17.100.030    Compliance.

17.100.040    Allowed uses.

17.100.050    Conflict with other regulations.

17.100.060    Relationship to procedures ordinance.

17.100.070    Interpretation.

17.100.080    Severability.

17.100.010 Title.

The ordinance codified in this title may be cited as either the “Kitsap County Zoning Ordinance” or “Title 17, Kitsap County Code.”

(Ord. 534 (2016) § 7(5) (App. E) (part), 2016)

17.100.020 Purpose and scope.

The text and zoning maps constitute this title. This title classifies, designates, and regulates the development of land for agriculture, forest, mineral resource extraction, residential, commercial, industrial, and public land uses for the unincorporated area of Kitsap County. Further, it is the purpose of this title to provide for predictable, judicious, efficient, timely, and reasonable administration respecting due process set forth in this title and other applicable laws; and to protect and promote the public health, safety and general welfare.

In fulfilling these purposes, this title is intended to benefit the public as a whole and not any specific person or class of persons. Although through the implementation, administration and enforcement of this title, benefits and detriments will be enjoyed or suffered by specific individuals, such is merely a byproduct of the overall benefit to the whole community. Therefore, unintentional breaches of the obligations of administration and enforcement imposed upon the county hereby shall not be enforceable in tort.

Applications for permits and approvals are subject to the provisions of this title and all other ordinances and laws. Such ordinances and laws include, but are not limited to, the following:

A.    Title 6 (Business Licenses and Regulations);

B.    Title 9 (Health, Welfare and Sanitation);

C.    Title 11 (Roads, Highways and Bridges);

D.    Title 12 (Storm Water Drainage);

E.    Title 13 (Water and Sewers);

F.    Title 14 (Buildings and Construction);

G.    Title 15 (Flood Hazard Areas);

H.    Title 16 (Land Division and Development);

I.    Title 18 (Environment);

J.    Title 19 (Critical Areas Ordinance);

K.    Title 20 (Transportation);

L.    Title 21 (Land Use and Development Procedures);

M.    Title 22 (Shoreline Master Program);

N.    Chapter 36.70A RCW, Growth Management Act, and Chapter 36.70B RCW, Local Project Review;

O.    Kitsap Countywide Planning Policies;

P.    Kitsap County Comprehensive Plan and Subarea Plans;

Q.    Kitsap County Buildable Lands Report;

R.    Kitsap County Greenways, Bicycle and Mosquito Fleet Trail Plan;

S.    Kitsap County Parks, Recreation and Open Space Plan;

T.    Kitsap County Comprehensive Solid Waste Plan;

U.    Chapter 43.21 RCW, State Environmental Policy Act; and

V.    Chapter 58.17 RCW, Plats – Subdivisions – Dedications.

(Ord. 534 (2016) § 7(5) (App. E) (part), 2016)

17.100.030 Compliance.

No building or other structure shall be constructed, improved, altered, enlarged, or moved; nor shall any use or occupancy of premises within the county be commenced or changed; nor shall any condition of or upon real property be caused or maintained, after the effective date of this title, except in conformity with conditions prescribed for each of the several zones established hereunder. It shall be unlawful for any person, firm, or corporation to erect, construct, establish, move into, alter, enlarge, use or cause to be used, any buildings, structures, improvements, or use of premises contrary to the provisions of this title; provided, however, conditions of approval as referred to in the changes to zones, amendments and alterations section, and the existing uses referred to in the interpretations and exceptions section, shall be allowed to continue in the manner and extent provided for therein. Where this title imposes greater restrictions than those imposed or required by other rules, regulations, or ordinances, the provisions of this title shall control.

(Ord. 534 (2016) § 7(5) (App. E) (part), 2016)

17.100.040 Allowed uses.

Except as provided in Chapter 17.520, when a use is not specifically listed in this title, it shall be understood that the use may be allowed if it is determined by the director that the use is similar to other uses listed. It is further recognized that every conceivable use cannot be identified. In anticipation that new uses will evolve over time, this section establishes the director’s authority to compare a proposed use and measure it against those listed in this title for determining similarity. In determining similarity, as well as when considering all other uses, the director shall make all of the following findings:

A.    The proposed use shall meet the intent of, and be consistent with the goals, objectives and policies of the Kitsap County Comprehensive Plan;

B.    The proposed use shall meet the stated purpose and general intent of the Comprehensive Plan land use designation and zoning classification in which the use is proposed to be located;

C.    The proposed use shall not adversely impact the public health, safety and general welfare of the residents of the county; and

D.    The proposed use shall share characteristics in common with, and not be of greater intensity, density or generate more environmental impact than, those uses listed in the land use zone in which it is to be located.

If determined similar, the unspecified use shall meet all of the code requirements and follow the approval process prescribed for the listed use.

(Ord. 534 (2016) § 7(5) (App. E) (part), 2016)

17.100.050 Conflict with other regulations.

Where conflicts occur between the provisions of this title and other applicable code provisions, or other regulations from other jurisdictions with authority, the more restrictive shall apply.

(Ord. 534 (2016) § 7(5) (App. E) (part), 2016)

17.100.060 Relationship to procedures ordinance.

To the extent that there is a conflict regarding the requirements of this title and Title 21 (Land Use and Development Procedures), Title 21 shall control.

(Ord. 534 (2016) § 7(5) (App. E) (part), 2016)

17.100.070 Interpretation.

This title shall be liberally interpreted and construed to secure the public health, safety, and welfare and the rule of strict construction shall have no application.

(Ord. 534 (2016) § 7(5) (App. E) (part), 2016)

17.100.080 Severability.

If any section, subsection, clause or phrase of this title or amendment thereto, or its application to any person or circumstance, is held by a court of competent jurisdiction to be invalid, the remainder or application to other persons or circumstances shall not be affected.

(Ord. 534 (2016) § 7(5) (App. E) (part), 2016)