Chapter 17.382 DENSITY, DIMENSIONS, AND DESIGN

Chapter 17.382
DENSITY, DIMENSIONS, AND DESIGN

Sections:

17.382.010 Standards established.

17.382.020 Measurement methods.

17.382.030 Design standards.

17.382.035 Additional mixed use development standards.

17.382.037 Single-family subdivision/development standards.

17.382.040 Tables.

17.382.050 Interpretation of tables.

17.382.060 Urban Residential Density and Dimensions Table.

17.382.070 Commercial and Mixed Use Density and Dimensions Table.

17.382.080 Airport and Industrial Density and Dimensions Table.

17.382.090 LAMIRD Density and Dimensions Table.

17.382.100 Parks, Rural and Resource Density and Dimensions Table.

17.382.110 Footnotes for tables.

17.382.010 Standards established.

The following sections and tables contain density, dimension standards, and other limitations for the various zones. Additional development requirements not found in these sections and tables may also apply.

(Ord. 415 (2008) § 149, 2008: Ord 367 (2006) § 106 (part), 2006)

17.382.020 Measurement methods.

A. Density. Except as provided in Section 17.382.110(A)(18), density shall be calculated as follows:

In all zones where a maximum or base density is identified, maximum or base density is calculated on gross acreage of the site. In all zones where a minimum density is required, minimum density is calculated on net developable acreage. If a calculation results in a partial dwelling unit, the partial dwelling unit shall be rounded to the nearest whole number. Less than .5 shall be rounded down. Greater than or equal to .5 shall be rounded up.

B. Setbacks. Setbacks shall be measured perpendicularly from a property line to the nearest vertical wall or other element of a building or structure, not including driveways, patios, pools, sidewalks, landscaping elements or other similar improvements built at or below grade.

C. Height. Except as provided for in Section 17.382.110(A)(14), height shall be measured from a reference datum to the highest point of the coping of a flat roof, to the deck line of a mansard roof, or to the average height of the highest gable of a pitched or hipped roof. The reference datum shall be selected by either of the following, whichever yields a greater height of building:

1. The elevation of the highest adjoining sidewalk or ground surface within a five-foot horizontal distance of the exterior wall of the building when such sidewalk or ground surface is not more than ten feet above lowest grade.

2. An elevation ten feet higher than the lowest grade when the sidewalk or ground surface described in subsection (C)(1) of this section is more than ten feet above lowest grade.

3. The height of a stepped or terraced building is the maximum height of any segment of the building.

D. Lot Area. Lot area for lots in urban areas shall be calculated by adding the area contained within the lot lines, exclusive of public or private streets or rights-of-way, tidelands, storm water detention-retention facilities, and the panhandle of a flag lot if the panhandle is less than thirty feet in width. Lots in rural areas may compute to the centerline of public or private streets or rights-of-way. Further, rural lots shall be considered five acres if the lot is 1/128 of a section, ten acres if the lot is 1/64 of a section, and twenty acres if the lot is 1/32 of a section.

E. Lot Width and Depth. Lot width shall be measured as the average horizontal distance between the side lot lines. Lot depth shall be measured as the horizontal distance between the midpoint of the front and opposite (usually the rear) lot line. In the case of a corner lot, lot depth shall be the length of its longest front lot line.

F. Lot Coverage and Impervious Surface. Lot coverage shall be calculated by dividing the area of land covered by buildings into the total lot area. Impervious surface coverage shall be calculated by dividing the area of land covered by buildings, structures, and all other impervious surfaces (such as sidewalks, driveways, and patios) into the total lot area.

(Ord. 415 (2008), § 150, 2008: Ord 367 (2006) § 106 (part), 2006)

17.382.030 Design standards.

A. In addition to other standards and requirements imposed by this title, all uses except single-family detached dwellings, duplexes and uses located in the RW, FRL, or MR zones shall comply with the provisions stated herein. Should a conflict arise between the requirements of this section and other requirements of this title, the most restrictive shall apply.

B. Landscaping, Building Height, Buffering and Screening.

1. The development must comply with Chapter 17.385 of this title regarding landscaping standards.

2. The director may require increased landscaping, screening and setbacks to minimize conflicts and improve compatibility with adjacent uses.

3. The director may reduce landscaping, screening, and setback requirements:

a. Where the nature of established development on adjacent parcels partially or fully provides the screening and buffering which otherwise would be required;

b. Where the density of the proposed development is less than that permitted by the zone; or

c. Where topographical or other site conditions provide natural screening and buffering.

4. A reduction in landscaping/screening requirements may be approved by the director in conjunction with a joint landscape screening proposal submitted by adjacent landowners for their combined boundaries or for an integrated project located within two or more zones.

C. Exterior Lighting. In all zones, artificial outdoor lighting shall be arranged so that light is directed away from adjoining properties and so that no more than one foot candle of illumination leaves the property boundaries.

D. Screening of Equipment, Storage, and Refuse Areas.

1. All roof-mounted air conditioning or heating equipment, vents, ducts, or other equipment shall not be visible from any abutting lot, or any public street or right-of-way as feasible. This shall be accomplished through the use of parapet roof extensions, or screened in a manner which is architecturally integrated with the main structures;

2. Locate service areas, outdoor storage areas and other intrusive site features away from neighboring properties to reduce conflicts with adjacent uses. Building materials for use on the same premises may be stored on the parcel during the time that a valid building permit is in effect for construction;

3. Every parcel with a structure shall have a trash receptacle on the premises. The trash receptacle shall comply with adopted public works standards and be of sufficient size to accommodate the trash generated. All receptacles shall be screened on three sides with fencing and/or landscaping as determined appropriate by the director;

E. Access and Circulation.

1. Pedestrian access shall be accommodated on-site from the public right-of-way, and throughout the site to minimize potential conflicts between pedestrian and vehicular circulation. Pedestrian paths must correspond with state and local codes for barrier-free access. Projects should also integrate walkways into the site plan leading to transit stops within one thousand two hundred feet of the site and incorporate transit stops within the site plan design as appropriate;

2. Developments shall be limited to one ingress/egress per three hundred lineal feet along a public arterial. Small parcels that provide less than two hundred fifty feet of road frontage shall be limited to one parking lot entrance lane and one exit lane. Access points may be required at greater intervals as directed by the director of public works as demonstrated through a traffic analysis. Developments shall attempt to share access with adjoining parcels to minimize access points and potential conflicts from vehicles entering and exiting onto traveled roadways, unless deemed not feasible due to natural constraints such as critical areas or topographical relief, or existing development that precludes the ability to share access. Developments shall attempt to minimize vehicular movement conflicts with public roadways by use of connected frontage lanes.

F. Off-Street Parking. The development must comply with the off-street parking requirements prescribed by Chapter 17.435 of this title.

G. Solid Waste. The development must comply with the guidelines set forth in the Kitsap County Comprehensive Solid Waste Plan.

(Ord. 415 (2008) § 151, 2008: Ord 367 (2006) § 106 (part), 2006)

17.382.035 Additional mixed use development standards.

A. Total gross floor area devoted to residential uses in any mixed use development project shall not exceed eighty percent of the proposed gross floor area.

B. Total gross floor area dedicated to commercial uses in any mixed use development shall not exceed fifty percent of the proposed gross floor area.

C. If the mixed use development is phased, the development’s commercial uses shall be constructed concurrent with or subsequent to the residential uses.

D. Development standards for mixed use development may be modified or waived, as set forth in Chapter 17.400 and Title 21 of this code, provided the applicant can demonstrate that the modification or waiver request will result in a project that:

1. Fosters a development pattern focused on the public street;

2. Provides for community spaces such as plazas, atriums or pocket parks;

3. Provides for a compatible mix of multi-family housing and commercial businesses and services;

4. Better meets the intent of the Comprehensive Plan;

5. Provides for compatibility with surrounding uses and zones; and

6. The commercial and residential components are constructed concurrently.

E. The following development standards may be modified or waived consistent with the criteria outlined in subsection (D) of this section:

1. Screening requirements in Title 17, provided the modification or waiver complies with the provisions of Section 17.382.030(B);

2. Landscaping requirements in Title 17, provided the modification or waiver complies with the provisions of Section 17.382.030(B);

3. Parking layout, access and dimensional standards in Chapter 17.435, provided the modification or waiver results in a design that provides safe and efficient pedestrian and vehicular circulation;

4. Minimum parking requirements in Chapter 17.435, provided the applicant demonstrates with a traffic and parking impact analysis that any adverse parking impacts resulting from the granting of the modification or waiver request are adequately mitigated;

5. Lot coverage limitations in Chapter 17.382;

6. Setback requirements in Chapter 17.382;

7. Residential open space requirements in Title 17; and

8. Height restrictions in Chapter 17.382, provided the modification or waiver is consistent with the recommendations of the fire marshal/fire district and results is a decrease in building coverage, an increase in public amenities, and/or a more creative or efficient use of land. The maximum height approved shall not exceed the heights listed in Section 17.382.110(A)(17).

F. The criteria and provisions of this section supersede other variance, modification or waiver criteria and provisions contained in this title.

(Ord. 415 (2008) § 152, 2008: Ord 367 (2006) § 106 (part), 2006)

17.382.037 Single-family subdivision/development standards.

In addition to the provisions set forth elsewhere in this code, all single-family subdivisions, condominiums or residential developments of ten or more lots/units within urban growth areas must meet the following development standards:

A. Sidewalk Requirements.

1. Sidewalks shall be required on both sides of all public or private streets meeting the criteria for classification as a principal or minor arterial, collector, local sub-collector or local minor roads as described by the Kitsap County Road Standards. Sidewalk design shall be developed consistent with the requirements of the Kitsap County Road Standards.

2. Sidewalks shall be required on a minimum of one side of all public or private streets meeting the criteria for classification as local road, cul-de-sac or very low volume local road as designated by the Kitsap County Road Standards or of similar traffic volume. Sidewalk design shall be developed consistent with the requirements of the Kitsap County Road Standards. The director may require sidewalks on both sides based upon site-specific conditions.

3. Rolled-curb sidewalks are prohibited, except where the sidewalk is separated from the street by a bioswale, other water quality treatment facility or landscaping berm.

B. Public Street and Street Connectivity Requirements. Dedicating or deeding property for right-of-way or a portion thereof to the county for public streets within, or along the boundaries of all single-family subdivisions or developments, shall be required as a condition of application approval where the county demonstrates all of the following:

1. Facts support that such dedication is reasonably necessary as a result of the impact created by the proposed development;

2. Such dedication will result in mitigation of the impact in the reasonably foreseeable future;

3. Connectivity to existing public right-of-way is feasible; and

4. One or more of the following circumstances are met:

a. A county transportation plan indicates the necessity of a new or additional right-of-way or portion thereof for street purposes;

b. The dedication is necessary to provide additions of right-of-way to existing county right-of-way to meet county road standards;

c. The dedication is necessary to extend or to complete the existing or future neighborhood street pattern;

d. The dedication is necessary to comply with county road standards and Kitsap County transportation plans;

e. The dedication is necessary to provide a public transportation system that supports future development of abutting property consistent with the Kitsap County Comprehensive Plan or Kitsap County Zoning Code.

C. Utility Connectivity Requirements. Dedication of easements for future public utility extensions to abutting or contiguous properties shall be required as a condition of application approval in cases where the county demonstrates the following:

1. Vacant or underutilized land abuts the proposed subdivision or development;

2. The location is reasonable based upon the design needs for future utility infrastructure;

3. The dedication may further the extension of utility infrastructure with the urban growth area; and

4. The dedication furthers the goals and policies of the Comprehensive Plan.

D. Landscaping Requirements.

1. A landscaped area will be provided at all entrances to the subdivision or development consistent with the landscaping standards of Chapter 17.385.

2. Street trees consistent with Chapter 17.385 shall be provided along all streets with the road classification of principal or minor arterial, collector, or local sub-collector as determined by the Kitsap County Road Standards or of similar traffic volume. Street trees shall be located in the road right-of-way or the front yards of individual lots or units. Street trees located on individual lots may be installed before final plat approval or before the certificate of occupancy for individual building permits.

E. Off-Street Parking.

1. Projects shall provide off-street parking consistent with the requirements of Chapter 17.435.

2. All fractional parking spaces shall be rounded up to the nearest whole number.

3. If the development includes set-aside parking areas, each area shall not include more than ten spaces each and shall be in locations throughout the development.

(Ord. 415 (2008) § 153, 2008)

17.382.040 Tables.

There are five separate tables addressing the uses allowed within the following general land use categories and zones:

A. Urban Residential Zones.

1. Urban Restricted (UR).

2. Urban Low Residential (UL).

3. Urban Cluster Residential (UCR).

4. Urban Medium Residential (UM).

5. Urban High Residential (UH).

6. Illahee Greenbelt Zone (IGZ).

B. Commercial and Mixed Use Zones.

1. Neighborhood Commercial (NC).

2. Urban Village Center (UVC).

3. Urban Town Center (UTC).

4. Highway Tourist Commercial (HTC).

5. Regional Commercial (RC).

6. Mixed Use (MU).

C. Airport and Industrial Zones.

1. Airport (A).

2. Business Park (BP).

3. Business Center (BC).

4. Industrial (IND).

D. Limited Areas of More Intensive Rural Development (LAMIRD).

1. Manchester Village Commercial (MVC).

2. Manchester Village Low Residential (MVLR).

3. Manchester Village Residential (MVR).

4. Port Gamble Rural Historic Town Commercial (RHTC).

5. Port Gamble Rural Historic Town Residential (RHTR).

6. Port Gamble Rural Historic Town Waterfront (RHTW).

7. Suquamish Village Commercial (SVC).

8. Suquamish Village Low Residential (SVLR).

9. Suquamish Village Residential (SVR).

E. Parks, Rural and Resource Zones.

1. Parks (P).

2. Forest Resource Lands (FRL).

3. Mineral Resource (MR).

4. Rural Protection (RP).

5. Rural Residential (RR).

6. Rural Wooded (RW).

7. Urban Reserve (URS).

(Ord. 420 (2008) § 8 (part), 2008; Ord. 415 (2008) § 154, 2008: Ord. 384 (2007) § 5, 2007: Ord 367 (2006) § 106 (part), 2006)

17.382.050 Interpretation of tables.

Development standards are listed down the left side of the tables and the zones are listed at the top. The table cells contain the minimum and, in some cases, maximum dimensional requirements of the zone. The small numbers (subscript) in a cell indicate additional requirements or detailed information. Those additional requirements can be found in the table footnotes in Section 17.382.110. A cell, marked with NA, indicates there are no specific requirements.

(Ord. 367 (2006) § 106 (part), 2006)

17.382.060 Urban Residential Density and Dimensions Table.


	Urban Low-Density Residential				Urban Medium/High-Density Residential
Standard	UCR (5)	IGZ (33) (50)	UR (33)	UL (5) (33)	UM (5)	UH (33)
Minimum density (du/acre)	4 (19)	1 (3) (18)	1 (3) (18)	4 (19)	10 (19)	19
Base/Maximum density (du/acre)	9 (19)	4 (18)	5 (18)	9 (19)	18 (19)	30
Minimum lot size (39)	2,400 s.f.	5,800 s.f.	5,800 s.f.	2,400 s.f.	None for multi-family; 2,400 s.f. for single-family	None
Lot width (feet)	40	60	60	40 (20)	0 for multi-family; 40 for single-family	60
Lot depth (feet)	60	60	60	60	0 for multi-family; 60 for single-family	60
Maximum height (feet) (40)	35	35 (50)	35	35	35 (17)	35 (17)
Maximum impervious surface coverage	NA	40%	50%	NA	85%	85%
Setbacks, Generally (34) (38)
Front (feet) (41)(42)(43)(45)	10 for single-family, duplex & townhouse; 10 for multi-family adjacent or abutting residential, otherwise 0 (29)	20 (29)	20 (29)	20 for garage or carport; 10 for habitable area (29)	Multi-family = 10 Single-family = 20 for garage or carport; 10 for habitable area (29)	20 (29)
Side (feet) (42)(43)(45)(48)	5 If on an alley, 10 feet for a garage or carport opening directly onto the alley or 5 feet in all other instances (28) (29)	5 (29)	5 (29)	5 If on an alley, 10 feet for a garage or carport opening directly onto the alley or 5 feet in all other instances (29)	5 If on an alley, 10 feet for a garage or carport opening directly onto the alley or 5 feet in all other instances (29)	5 (29)
Rear (feet) (42)(43)(48)	5 If on an alley, 10 feet for a garage or carport opening directly onto the alley or 5 feet in all other instances (28) (29)	5 (29)	5 (29)	5 If on an alley, 10 feet for a garage or carport opening directly onto the alley or 5 feet in all other instances (29)	5 If on an alley, 10 feet for a garage or carport opening directly onto the alley or 5 feet in all other instances (29)	10 (29)

(Ord. 420 (2008) § 8 (part), 2008; Ord. 415 (2008) § 155, 2008: Ord. 367 (2006) § 106 (part), 2006)

17.382.070 Commercial and Mixed Use Density and Dimensions Table.


	Urban Low Commercial Intensity/Mixed-Use		Urban High Commercial Intensity/Mixed Use
Standard	NC (5) (33)	UVC (5)	UTC	HTC (5) (25) (33)	RC (33)	MU (33)
Minimum density (du/acre)	10 (44)	10 (19)	Reserved	10 (44)	10 (44)	10 (32)
Base/Maximum density (du/acre)	30	18 (19)	Reserved	30	30	30
Maximum height (feet) (40)	35 (17)	45	Reserved	35 (17)	35 (17)	35 (17)
Maximum impervious surface coverage	85%	85%	85%	85%	85%	85%
Maximum lot coverage	NA	Total gross floor area devoted to nonresidential use in any one structure shall not exceed 25,000 square feet. Total gross floor area devoted to residential use in any project shall not exceed 2/3 of the total proposed gross floor area. (24)	Total gross floor area devoted to residential use in any project shall not exceed 2/3 of the total proposed gross floor area. (24)	NA	NA	NA










Setbacks, Generally (34) (38)
Minimum front (feet) (29) (41) (42) (43) (48)	20	None	Reserved	20	20	10
Maximum front (feet) (42) (43) (48)	NA	NA	NA	NA	NA	20
Side (feet) (29) (42) (43) (48)	10 (21)	None	Reserved	10 (21)	10 (21)	10 (21)
Rear (feet) (29) (48)	10 (21)	None	Reserved	10 (21)	10 (21)	10 (21)

(Ord. 415 (2008) § 156, 2008: Ord. 367 (2006) § 106 (part), 2006)

17.382.080 Airport and Industrial Density and Dimensions Table.


	Airport	Industrial
Standard	A	BP	BC	IND (36) (5)
Minimum lot size (39)	None	7 ac (49)	None	None
Maximum height (feet) (40)	35 feet, except aircraft hangars (37)	35 (17)	35 (17)	35 (17)
Maximum impervious surface coverage	NA	50%	NA	NA
Maximum lot and/or building coverage	None	NA	60% building coverage or as determined by master plan process	60% lot coverage
Setbacks, Generally (34) (38)
Front (feet) (41) (42) (43) (48)	20 (37)	20 (23) (26)	20 (23) (26)	20 (27)
Side (feet) (42) (43) (48)	50 feet when abutting residential (37)	20 (23) (26)	20 (23) (26)	None (27)
Rear (feet) (42) (43) (48)	50 feet when abutting residential (37)	20 (23) (26)	20 (23) (26)	None (27)

(Ord. 415 (2008) § 157, 2008: Ord. 384 (2007) § 13, 2007: Ord. 367 (2006) § 106 (part), 2006)

17.382.090 LAMIRD Density and Dimensions Table.


	Keyport Sub-Area					Manchester LAMIRD					Rural Historic LAMIRD		Suquamish LAMIRD
Standard	KVC	KVLR	KVR	MVC (47)	MVLR	MVR	RHTC	RHTR	RHTW	SVC	SVLR	SVR
Minimum density (du/acre)	NA	NA	NA	5	NA	NA	NA	NA	NA	NA	NA	NA
Base/Maximum density (du/acre)	5	2 (45)	5	24 (15)	2 (15)	4 (15)	2.5	2.5 (7)	2.5	NA	2	2
Minimum lot size (39)	NA	12,500 s.f.	4,000 s.f.	NA	21,780 s.f. 10,890 with clustering (12)	10,890 s.f. (12)	None	3,500 s.f. (7)	NA	NA (11)	4,500 s.f. (4) (11)	4,000 s.f. (4) (11)
Maximum lot size (39)	NA	NA	NA	NA	NA	NA	None	7,500 s.f. (7)	NA	NA (11)	NA (11)	NA (11)
Lot width (feet)	30	80	40	NA	60 (12)	60 (12)	NA	NA	NA	NA (11)	50 (4) (11)	40 (4) (11)
Lot depth (feet)	NA	80	80	NA	60 (12)	60 (12)	NA	NA	NA	NA (11)	90 (4) (11)	75 (4) (11)
Maximum height (feet) (40)	35	35	35	28 (13)	35 (14)	35 (14)	35 (8)	30	35 (22)	35	30 feet Max of 2 habitable floors	30 feet Max of 2 habitable floors
Maximum impervious surface coverage	NA	50% for residential properties less than or equal to 0.50 acres 40% for residential properties greater than or equal to 0.51 acres	50% for residential properties less than or equal to 0.50 acres 40% for residential properties greater than or equal to 0.51 acres	50% for residential properties less than or equal to 0.50 acres 40% for residential properties greater than or equal to 0.51 acres (16)	50% for residential properties less than or equal to 0.50 acres 40% for residential properties greater than or equal to 0.51 acres (16)	50% for residential properties less than or equal to 0.50 acres 40% for residential properties greater than or equal to 0.51 acres (16)	NA	NA	NA	40% (6)	40% (6)	40% (6)
Maximum lot coverage	NA	NA	NA	NA	NA	NA	50%	50% or 2,000 s.f., whichever is greater	50%	NA	NA	NA
Setbacks, Generally (34) (38)
Front (feet) (41) (42) (43) (48)	NA	10 20 feet for garage	10 5 feet for porch (46), 20 feet for garage	NA	20	20	None	20 (9)	None	10 (11)	20 (11)	20 (11)
Side (feet) (42) (43) (48)	NA	5	5	NA	5	5	Per Title 14	5 (10)	Per Title 14	0 (21) (11)	5 (11)	5 (11)
Rear (feet) (42) (43) (48)	NA	15	15	NA	5	5	Per Title 14	5 (10)	Per Title 14	10 (21) (11)	5 (11)	5 (11)

(Ord. 415 (2008) § 158, 2008: Ord. 405 (2007) § 5 (part), 2007; Ord. 402 (2007) § 2 (part), 2007)

17.382.100 Parks, Rural and Resource Density and Dimensions Table.


	Parks	Resource		Rural
Standard	P	FRL	MR	RP	RR	RW	URS
Base/Maximum density (du/acre)	NA	NA	NA	NA	NA	Base: 1 du/20 acres Max: 1 du/5 acres (35)	NA
Minimum lot size (acre) (39)	NA	40	20 (30)	10	5	20 (35)	10
Lot width (feet)	NA	140	60 (31)	140	140	140	140
Lot depth (feet)	NA	140	NA	140	140	140	140
Maximum height (feet) (40)	35 (17)	35 (1)	NA	35 (2)	35 (2)	35 (2)	35
Setbacks, Generally (34) (38)
Front (feet) (41) (42) (43)	20	50 (29)	NA	50 (29)	50 (29)	50 (29)	20 (29)
Side (feet) (42) (43)	10	20 (29)	NA	20 feet; 5 feet for accessory structures (29)	20 feet; 5 feet for accessory structures (29)	20 (29)	5 (29)
Rear (feet) (42) (43)	10	20 (29)	NA	20 feet; 5 feet for accessory structures (29)	20 feet; 5 feet for accessory structures (29)	20 (29)	5 (29)
Setbacks for Agricultural Structures (34)
Front yard (feet) (48)	50	NA	NA	50	50	NA	20
Side yard (feet) (48)	50	NA	NA	50	50	NA	50
Rear yard (feet) (48)	50	NA	NA	50	50	NA	50

(Ord. 415 (2008) § 159, 2008: Ord. 367 (2006) § 106 (part), 2006)

17.382.110 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. Properties within the urban restricted (UR) zone and Illahee Greenbelt Zone (IGZ) may subdivide at densities below the minimum required for the zone under the following circumstances:

a. The reduced density provides a greater protection for critical areas or environmentally sensitive areas; and

b. The intent of the short subdivision or subdivision is to keep the property in the ownership of the immediate family members.

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. A copy of the Design Standards for the Community of Kingston may be referred to on the Kitsap County web page or at the department of community development front counter.

6. Building replacements and remodels shall not create in excess of a total of forty percent impervious surface for lot area or more than the total existing impervious 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 of Section 17.310.030 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 of this code, Short Subdivisions, and must meet the lot requirements below:

a. Lot Requirements.

(1) Minimum lot size: twenty-one thousand seven hundred eighty square feet.

(2) Minimum lot width: one hundred feet.

(3) Minimum lot depth: one hundred feet.

b. Setbacks.

(1) Front: twenty feet.

(2) Side: five feet.

(3) 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 does 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 non-conforming 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 view protection overlay, the maximum height 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. 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 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 Storm Water Management Ordinance, Chapters 12.04 through 12.32 of this code. The use of pervious materials and other new technologies may be used in the construction of these areas and structures to reduce the impervious surface calculation.

17. A greater height may be allowed as set forth below and in accordance with the procedures in Title 21 of this code. Such approval must be consistent with the recommendations of the fire marshal/fire district and compatible with surrounding uses and zones. Such approval shall result in a decrease in building coverage, an increase in public amenities, and/or a more creative or efficient use of land. The maximum building height approved by the director shall not exceed:

a. In the UM, NC, and P zones: forty-five feet.

b. In the UH, HTC, and RC zones: sixty-five feet.

c. In the BP, BC, and IND zones: fifty feet.

d. In the mixed use zone:

i. Within Silverdale, the maximum height shall be 45 feet;

ii. Along the Highway 303 corridor, the maximum height shall be sixty-five feet;

iii. Along Perry and National Avenues, the maximum height shall be forty-five feet.

18. Density based on net acreage of the property(s) after the removal of critical areas.

19. The maximum number of residential units permitted in the South Kitsap UGA/ULID #6 Sub-Area Plan is four thousand one hundred seventy-two until such time as a further population allocation is made to the sub-area. All residential development within the sub-area is subject to this density limitation. To ensure that the density limit for the sub-area is not exceeded, the director shall use the county’s land information system (LIS) to monitor the number of dwelling units remaining and available for development within the sub-area.

20. The minimum lot width within the ULID #6 Sub-Area shall be forty feet.

21. Twenty feet when abutting a residential zone.

22. Maximum height shall be thirty 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. An individual structure intended for future mixed commercial and residential uses may initially be used exclusively for residential use if designed and constructed for eventual conversion to mixed commercial and residential use once the Urban Village Center or Urban Town Center matures.

25. The Bethel Road Corridor Development Plan sets forth policies and regulations for development within the Highway Tourist Commercial Zone located along the Bethel Corridor in South Kitsap from SE Ives Mill Road to the Port Orchard City limits. Development within the Bethel Road Corridor Highway Tourist Commercial Zone shall be conducted in a manner consistent with the policies and regulations of the Land Use Element of the Bethel Road Corridor Development Plan.

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 17.380.020.

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. All development within the Silverdale Design District boundaries must be consistent with the Silverdale Design Standards.

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. Maximum density, smaller lot sizes and reduced setbacks may be allowed based upon the designation of a portion of the development acreage as “permanent open space” through the Rural Wooded Incentive Program per Section 17.301.080.

36. For standards applicable to master planned industrial developments and approved industrial parks, see Section 17.370.090.

37. When an airport zone abuts a residential zone, there shall be a minimum of five hundred feet from the end of any runway and the residential zone. 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. Cornices, canopies, eaves, belt courses, sills or other similar architectural features, or fireplaces may extend up to twenty-four inches into any required yard area. For setbacks along shorelines, see Chapter 17.450.

39. Unless otherwise stated in this title, if a lot of record which was legally created as of May 10, 1999, is smaller in total square footage than that required within the zone, or if the dimensions of the lot are less than that required within the zone, said lot may be occupied by any use allowed within that zone subject to all other requirements of the zone. Unless specifically stated within this title, where two or more contiguous lots which are nonconforming to the lot size or dimensions of the zone and are held in common ownership, said lots shall be considered separate legal nonconforming lots and each may be occupied by any use permitted within the zone subject to all other requirements of the zone. If a lot of record was lawfully occupied by two or more single-family residences (excluding accessory dwellings) as of May 10, 1999, the owner of such a lot may apply for a short plat approval in order to permit the segregated sale of such residences, even though some or all of the resulting new lots will have lot areas or dimensions less than required for the zone in which they are located. All other provisions of the Short Subdivision Ordinance (Chapter 16.48 of this code) shall apply to the application.

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, 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:

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 half-way 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 five 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. Outside of the Silverdale Sub-Area, densities required only with mixed use development.

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 17.321D.080(B).

46. Front porch must meet following requirements to qualify for five-foot front setback:

a. Porch shall be forty percent open on each of two sides; no enclosed porches.

b. Minimum porch dimensions shall be four feet by six feet, or twenty-four square feet.

c. Porches shall not be less than four feet in width.

47. The 2007 Manchester Community Plan, Appendix A – Manchester Design Standards sets forth policies and regulations for properties within the Manchester Village commercial district (MVC). All developments within the MVC district must be consistent with these standards.

48. 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, and shall not extend more than six feet into any required front yard. This is not to be construed as prohibiting open porches or stoops not exceeding eighteen inches in height, and not closer than twenty-four inches to any lot 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 Zone may not exceed twenty-eight feet.

(Ord. 420 (2008) § 8 (part), 2008; Ord. 419 (2008) § 12, 2008: Ord. 415 (2008) § 160, 2008: Ord. 407 (2008) § 9, 2008: Ord. 405 (2007) § 5 (part), 2007; Ord. 402 (2007) § 2 (part), 2007; Ord. 381 (2007) § 4, 2007: Ord. 367 (2006) § 106 (part), 2006)