Chapter 17.455
INTERPRETATIONS AND EXCEPTIONS
Sections:
17.455.010 Director authority to interpret code provisions and issue administrative decisions.
17.455.060 Existing uses.
17.455.080 Pending long or short subdivisions.
17.455.090 Temporary permits.
17.455.100 Number of dwellings per lot.
17.455.110 Obnoxious things.
17.455.120 Existing lot aggregation for tax purposes.
17.455.010 Director authority to interpret code provisions and issue administrative decisions.
It shall be the responsibility of the director himself/herself to interpret ambiguous and/or conflicting code and apply the provisions of this title, Kitsap County Countywide Planning Policies, Kitsap County Comprehensive Plan and applicable sub-area plans.
A. The director may initiate an administrative code interpretation without an applicant request at any time, and the interpretation will be made available pursuant to Title 21 by the department with the development code to which it applies.
B. Any person(s) may submit an application for code interpretations from the director and the interpretation will be made available by the department pursuant to Title 21 with the development code to which it applies.
C. At the request of the applicant, in writing, the director may also authorize a variation of up to ten percent of any numerical standard, except density, when unusual circumstances cause undue hardship in the strict application of this title; provided, such a variance shall be approved only when all of the following conditions and facts exist:
1. There are special circumstances applicable to the subject property, including size, shape, topography, location or surroundings, that were not created by the applicant and do not apply to other property in the same vicinity or zone;
2. Such variance is necessary for the preservation and enjoyment of a substantial property right or use of the applicant possessed by the owners of other properties in the same vicinity or zone;
3. The authorization of such variance will not be materially detrimental to the public welfare or injurious to property in the vicinity or zone in which the property is located; and
4. The variance is the minimum necessary to grant relief to the applicant.
5. An approved variance shall become void in three years if a complete application has not been received. The director’s response, including findings for granting the variation, shall be in writing and kept in the department files.
D. All code interpretations are binding and may be appealed by any party through the process pursuant to Title 21.
E. All code interpretations, hearings examiner decisions on such interpretations and board reviews shall be a permanent record of the department of community development and included in the Kitsap County Department of Community Development Policy Manual. Code interpretations shall be made available to the public and posted on the county website.
(Ord. 415 (2008) § 213, 2008: Ord. 256 (2001) § 2, 2001: Ord. 234 (1999) § 2 (part), 1999: Ord. 216 (1998) § 4 (part), 1998)
17.455.060 Existing uses.
A. Except as hereinafter specified, any use, building, or structure lawfully existing at the time of the enactment of this title may be continued, even though such use, building, or structure may not conform to the provisions of this title for the zone in which it is located. A use or structure not conforming to the zone in which it is located shall not be altered or enlarged in any manner, unless such alteration or enlargement would bring the use or structure into greater conformity with the uses permitted within, or requirements of, the zone in which it is located.
The hearing examiner shall review and approve requests for alteration or enlargement of the use or structure through the conditional permit review procedures as set forth in Chapter 17.420. In no case shall the enlargement of these uses be allowed beyond the limits of existing contiguously owned parcels at the time of the passage of the amended ordinance.
B. This section does not apply to any use, building, or structure established in violation of any zoning ordinance previously in effect.
All uses in existence occurring on a specific parcel of land which legally qualified as a permitted unclassified use under the provisions of any former Kitsap County zoning ordinance, shall continue as conforming uses after the effective date of this title, provided, however, in no case shall any use be allowed to expand into adjoining or contiguous property without an approved zone change or conditional use permit, and further, any expansion on the original parcel shall comply with the standards contained in the zone within which the use is permitted.
(Ord. 415 (2008) § 214, 2008: Ord. 234 (1999) § 2 (part), 1999: Ord. 216 (1998) § 4 (part), 1998)
17.455.080 Pending long or short subdivisions.
Nothing herein shall require any change in the location, plans, construction, size or designated use of any residential plat, for which preliminary official approval has been granted prior to the adoption of this title.
(Ord. 234 (1999) § 2 (part), 1999: Ord. 216 (1998) § 4 (part), 1998)
17.455.090 Temporary permits.
The director may approve temporary permits, with conditions to mitigate negative impacts, valid for a period of not more than one year after issuance, for temporary structures or uses which do not conform to this title.
Upon the expiration of the temporary permit, the applicant shall have thirty days within which to remove and/or discontinue such temporary use structure.
Upon approval, temporary permits may be issued for the following uses or structures:
A. Storage of equipment and materials during the building of roads or other developments;
B. Temporary storage of structures for the housing of tools and supplies used in conjunction with the building of roads or other developments;
C. Temporary office structures;
D. Temporary housing/construction living quarters for personnel such as watchmen, labor crews, engineering, and management; provided:
1. The building permit for the primary structure must have been issued;
2. The temporary dwelling must not be permanently placed on the site;
3. The temporary dwelling must meet the setback requirements of the zone in which it is located; and
4. For the purpose of constructing a single-family dwelling, temporary living quarters (for example, a recreational vehicle) may be permitted only in conjunction with a stick frame structure. This permit will remain active as long as the building permit for the single-family dwelling remains active.
E. Use of equipment essential to and only in conjunction with the construction or building of a road, bridge, ramp, dock, and/or jetty located in proximity to the temporary site; provided, that the applicant shall provide a construction contract or other evidence of the time period required to complete the project; and provided further, that the following equipment shall be considered essential to and in conjunction with such construction projects:
1. Portable asphaltic concrete-mixing plants.
2. Portable concrete-batching plants.
3. Portable rock-crushing plants.
4. Accessory equipment essential to the use of the aforementioned plants.
F. Temporary uses and structures otherwise permitted within the zone which will remain up to one hundred eighty days on an existing lot or parcel where compliance with an administrative conditional use permit and landscaping requirements are impractical.
G. Temporary uses and structures not specified in any zone classification subject to applicable provisions of the Kitsap County Code; provided, that such uses and structures may not be approved by the director for a period greater than ninety days.
H. The occupancy of a recreational vehicle (RV) for a period not to exceed three months subject to the following conditions:
1. The subject property must be located in the Rural Wooded (RW), Rural Protection (RP), or Rural Residential (RR) zones;
2. The RV must be occupied by the property owner or family member;
3. The RV must be provided with approved utilities including septic or sewer (health district approval), water, and electrical power;
4. The location of the RV must meet all setbacks required by the underlying zone;
5. The director may impose additional conditions as appropriate to ensure that the RV use is compatible with the surrounding properties;
6. The minimum RV size shall be two hundred square feet; and
7. A permit will be required each time the RV is placed on a parcel. If the RV is placed on the same parcel each year the application fee will be half of the initial fee.
I. Placement of a storage container on a property developed with single-family dwelling or properties with an active building permit for construction of a residential or commercial building is subject to the following conditions:
1. The container must meet all applicable setbacks for the zone; and
2. The storage container may not be placed on site for more than ninety days; however, in instances where a building permit for a single-family dwelling or commercial development is active, the container may remain on site until thirty days after the permit expires or receives final inspection/certificate of occupancy.
(Ord. 415 (2008) § 215, 2008: Ord. 234 (1999) § 2 (part), 1999: Ord. 216 (1998) § 4 (part), 1998)
17.455.100 Number of dwellings per lot.
Except as provided for elsewhere in this title, there shall be no more than one dwelling unit per lot.
(Ord. 415 (2008) § 216, 2008: Ord. 234 (1999) § 2 (part), 1999: Ord. 216 (1998) § 4 (part), 1998)
17.455.110 Obnoxious things.
In all zones, except as provided for elsewhere in this title, no use shall produce noise, smoke, dirt, dust, odor, vibration, heat, glare, toxic gas or radiation which is materially deleterious to surrounding people, properties or uses. Lighting is to be directed away from adjoining properties. Not more than one foot candle of illumination may leave the property boundaries.
(Ord. 234 (1999) § 2 (part), 1999: Ord. 216 (1998) § 4 (part), 1998)
17.455.120 Existing lot aggregation for tax purposes.
For the purposes of this title, parcels which have been aggregated by the county for tax purposes shall be considered separate legally existing lots of record.
(Ord. 415 (2008) § 217, 2008: Ord. 234 (1999) § 2 (part), 1999: Ord. 216 (1998) § 4 (part), 1998)