Chapter 17.415 ALLOWED USE STANDARDS

This chapter establishes special provisions for allowed uses identified in Sections 17.410.042 through 17.410.046. In addition to other standards and requirements imposed by this title and other requirements in the Kitsap County Code, all uses shall comply with the provisions stated herein. Should a conflict arise between the requirements of this chapter and other requirements of the Kitsap County Code, the most restrictive shall apply.

(Ord. 611 (2022) § 185, 2022)

17.415.010 Accessory dwelling unit (ADU) located in an urban growth area.

To encourage the provision of affordable housing, an accessory dwelling unit (ADU) located in an urban growth area (UGA) shall meet the following criteria:

A. Number. The number of ADUs, attached or detached, shall not exceed two per lot.

B. Location. An ADU shall be located to not preclude future subdivision of the lot to meet minimum density for the zone.

C. Access. Access to the lot shall use the same entrance as the primary residence unless Kitsap County Code allows for multiple access points to the lot for a single-family dwelling.

D. Water. The ADU shall comply with regulations that govern water provisions.

E. Sewage. The ADU shall provide an urban level of sanitary sewer service.

F. Design Standards. Unless otherwise noted in this section, an ADU shall meet the design standards of the underlying zone and design districts.

G. Size. Dimensions are determined by interior measurements. An ADU shall not exceed one thousand square feet or sixty percent of the habitable area of the primary dwelling, whichever is smaller. The director may allow equal square footage for the primary dwelling and the ADU if the ADU is located completely on a single floor of the existing residence.

H. Parking. The site shall comply with Chapter 17.490, Off-street parking and loading.

1. 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:

a. The primary dwelling unit meets all parking requirements;

b. On-street parking is available; or

c. The ADU is within a quarter mile of a transit stop.

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

I. Additional Standards. An ADU shall provide urban services and comply with the provisions of Kitsap County Code, including, but not limited to, setbacks, height, and lot coverage.

J. Existing, unpermitted ADUs shall acquire a permit through the provisions of this chapter and Chapter 17.410, Allowed Uses.

(Ord. 611 (2022) § 185, 2022)

17.415.015 Accessory dwelling unit (ADU) located outside an urban growth area.

A. In order to encourage the provision of affordable housing, an accessory dwelling unit (ADU), attached, located outside an urban growth area (UGA) may be located in residential zones, subject to the following criteria:

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

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

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

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

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

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

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

B. In order to encourage the provision of affordable housing, an accessory dwelling unit (ADU), detached, located outside an urban growth area shall meet the following criteria:

1. Only one ADU shall be allowed per lot;

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

3. 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;

4. 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);

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

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

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

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

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

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

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

a. Applicability. The provisions of this subsection shall only apply to property and property owners who can establish all of the following criteria:

i. The parcel is within the unincorporated area of Kitsap County;

ii. An accessory dwelling unit (ADU), attached or detached, or similar dwelling previously defined as an accessory living quarters (ALQ) or an accessory rental unit (ARU) is located on the parcel;

iii. The accessory dwelling has not received any prior review and/or approval by Kitsap County;

iv. The property owner did not construct or cause to have the accessory dwelling constructed;

v. The property owner did not own the property when the accessory dwelling was constructed;

vi. The property owner exercised due diligence when purchasing the property with the existing accessory dwelling to discover whether or not the accessory dwelling was approved when purchasing the property. Due diligence is presumed to have occurred if the property owner can document the following conditions:

(a) That county tax records or parcel records contain no inquiry or other notice that the ADU was unpermitted; and

(b) That the current owner requested and obtained a title report with no exceptions, restrictions, enforcement actions, permitting or similar issues pertinent to the ADU; and

(c) That the prior owner’s property and improvement disclosures at the time of sale did not indicate any permitting, compliance or similar issues pertinent to the ADU; and

(d) That any third party involved in the sale or inspection of the ADU did not disclose any permitting, compliance or other issues pertinent to the ADU;

vii. The parcel has a history of property tax assessment and a history of continuous tax payments on the principal and the accessory dwelling;

viii. Acceptable documentation for subsection (B)(11)(a)(i) of this section may include but is not limited to current or previous county assessment records, real estate disclosure forms, listing agreements, records of sale, title reports and aerial photography establishing compliance with the required conditions.

b. Application. Persons who meet the criteria of subsection (B)(11)(a) of this section desiring to gain approval of their accessory dwelling shall make application to the director of the department of community development on forms provided by the department, with fees to be paid at the time of application as provided in subsection (B)(11)(e) of this section. Such application shall be a Type II permit under Chapter 21.04.

c. Approval. The director, or his designee, is authorized to approve submitted applications that satisfy all of the following criteria. When approved, the use shall be considered a legal nonconforming use.

i. All the requirements of this section;

ii. All the applicable zoning, health, fire safety and building construction requirements:

(a) The applicable requirements shall be those in effect when the accessory dwelling was constructed. The burden of proof of when the accessory dwelling was constructed shall be upon the applicant and may consist of dated aerial photography, tax assessments, surveys or similar documents.

(b) If the applicant cannot prove a date of construction, the applicable requirements shall be those currently in effect on the date of application.

(c) If the applicant can only show a date range for construction, the applicable requirements shall be the latest requirements of the range;

iii. Proof of adequate potable water;

iv. Proof of adequate sewage disposal systems for both the principal and the accessory dwelling. Proof shall be shown by Kitsap County health district approval; and

v. Verification by Kitsap County inspection staff that the accessory dwelling is habitable.

d. Variances.

i. When reviewing the application, the director is authorized to grant an administrative variance to the requirements of subsection (B)(11)(c)(ii) of this section only when unusual circumstances relating to the property cause undue hardship in the application of subsection (B)(11)(c)(ii) of this section. The granting of an administrative variance shall be in the public interest. An administrative variance shall be granted at the director’s sole discretion only when the applicant has proven all of the following:

(a) There are practical difficulties in applying the regulations of subsection (B)(11)(c)(ii) of this section;

(b) The applicant did not create or participate in creating the practical difficulties;

(d) The 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

(e) The variance is the minimum necessary to grant relief to the applicant.

ii. The director is authorized to require mitigation in connection with the administrative variance to minimize the effect of the variance on surrounding properties.

iii. In reviewing a request for an administrative variance, the director shall notify and solicit comments from surrounding property owners of the application and the intended variance and mitigation. The director shall consider such comments when determining whether or not to approve the variance. The director is further authorized to require mediation to resolve issues arising from the notification process and the costs of such mediation shall be paid by the applicant.

iv. Variance requests submitted as part of this subsection shall be considered as part of the original application and not subject to additional procedural or fee requirements.

e. Fees. Applicants shall pay a fee established by resolution at the time of application. Additionally, applicants shall pay notification costs, reinspection fees, additional review and other applicable fees in accordance with Chapter 21.10. Applicants may initiate a staff consultation in considering or preparing an application under these provisions. The staff consultation fee established in Chapter 21.10 shall not, however, be credited towards any subsequent application submitted under these provisions.

f. Land Use Binder. Following approval of the accessory dwelling and any administrative variance, the applicant shall record a land use permit binder with the county auditor using forms provided by the Kitsap County department of community development.

g. Expiration. Qualifying property owners shall have one year from the time that the noncompliant ADU is discovered to submit an application for approval of the ADU.

(Ord. 611 (2022) § 185, 2022)

17.415.020 Accessory use or structure.

A. One piece of heavy equipment may be stored in any single-family zone; provided, that it is either enclosed within a permitted structure, or screened to the satisfaction of the director.

B. Storage of shipping containers is prohibited unless allowed as part of a land use permit and/or approval. Placement of storage containers allowed only with an approved temporary permit subject to the provisions of Section 17.105.090(I).

(Ord. 611 (2022) § 185, 2022)

17.415.025 Adult entertainment.

A. The following uses are designated as adult entertainment uses:

1. Adult bookstore;

2. Adult mini-motion picture theater;

3. Adult motion picture theater;

4. Adult novelty store; and

5. Cabaret.

B. Restrictions on Adult Entertainment Uses. In addition to complying with the other sections of this title, adult entertainment uses shall not be permitted:

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

2. Within five hundred feet of any noncommercial zone, or any of the following residentially related uses:

a. Churches, monasteries, chapels, synagogues, convents, rectories, or church-operated camps;

b. Schools, up to and including the twelfth grade, and their adjunct play areas;

c. Public playgrounds, public swimming pools, public parks and public libraries;

d. Licensed day-care centers for more than twelve children;

e. Existing residential use within a commercial zone.

f. For the purposes of this section, spacing distances shall be measured as follows:

i. From all property lines of any adult entertainment use;

ii. From the outward boundary line of all residential zoning districts;

iii. From all property lines of any residentially related use.

C. Signage for Adult Entertainment Uses.

1. 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.

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

a. Be a flat plane, rectangular in shape;

b. Not exceed seventy-five square feet in area; and

c. Not exceed ten feet in height or ten feet in length.

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

a. The name of the regulated establishment; and/or

b. One or more of the following phrases:

i. “Adult bookstore”;

ii. “Adult movie theater”;

iii. “Adult cabaret”;

iv. “Adult novelties”;

v. “Adult entertainment.”

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

a. Each letter forming a word on a primary or secondary sign shall be of a solid color, and each such letter shall be the same print type, size and color. The background behind such lettering on the display surface of a primary sign shall be of a uniform and solid color.

b. Secondary signs shall have only one display surface. Such display surface shall:

i. Be a flat plane, rectangular in shape;

ii. Not exceed twenty square feet in area;

iii. Not exceed five feet in height and four feet in width; and

iv. Be affixed or attached to any wall or door of the establishment.

(Ord. 611 (2022) § 185, 2022)

17.415.030 Adult family home.

Reserved.

(Ord. 611 (2022) § 185, 2022)

17.415.035 Aggregate extraction sites.

A. Must comply with Chapter 17.170, Mineral Resource Overlay.

B. In the business center (BC) zone, aggregate production and processing allowed only if directly connected to an approved surface mining permit approved by the Washington State Department of Natural Resources (DNR).

C. In the forest resource land (FRL) zone, aggregate extraction sites shall be no greater than two acres for the purpose of construction and maintenance of a timber management road system, provided the total parcel is at least twenty acres.

(Ord. 611 (2022) § 185, 2022)

17.415.040 Agricultural use, primary.

Must comply with Chapter 17.455, Agriculture Code.

(Ord. 611 (2022) § 185, 2022)

17.415.045 Airport.

A. All heliports for the purpose of medical emergency facilities may be permitted in certain zones subject to a conditional use permit.

B. All private landing strips, runways, and heliports shall be so designed and oriented that the incidences of aircraft passing directly over dwellings during their landing or taking off patterns are minimized. They shall be located so that traffic shall not constitute a nuisance to neighboring uses. The proponents shall show that adequate controls or measures will be taken to prevent offensive noise, vibrations, dust, or bright lights.

C. In the rural industrial (RI) zone, uses necessary for airport operation such as runways, hangars, fuel storage facilities, and control towers shall be limited to modifications or expansions of existing airports.

(Ord. 611 (2022) § 185, 2022)

17.415.050 Arboreta, botanical gardens.

Reserved.

(Ord. 611 (2022) § 185, 2022)

17.415.055 Auction house.

A. An auction house and all items to be auctioned shall be fully enclosed within a structure.

B. In the rural employment center (REC) and Twelve Trees employment center (TTEC) zones, an auction house shall be subject to the following permit review:

1. 0 – 3,999 square feet = P.

2. 4,000 – 10,000 square feet = ACUP.

3. 10,001 – 15,000 square feet = C.

4. 15,001 square feet and above = X.

(Ord. 611 (2022) § 185, 2022)

17.415.060 Automobile, mobile home, recreational vehicle, or boat sales.

A. Use prohibited in the Waaga Way Town Center area (see the Silverdale Design Standards located in Chapter 17.700, Appendix C3).

B. Use must take access from state route in the Gorst urban growth area. Auto uses with underground storage tanks (such as gas stations) shall not be located in the Gorst Creek floodplain.

C. In the industrial (I) or business center (BC) zone, automobile, recreational vehicle, or boat sales shall be accessory and shall not occupy more than twenty-five percent of the project area.

(Ord. 611 (2022) § 185, 2022)

17.415.065 Automobile, recreational vehicle or boat rentals.

A. Use prohibited in the Waaga Way Town Center area (see the Silverdale Design Standards located in Chapter 17.700, Appendix C3).

B. Use must take access from state route in the Gorst urban growth area. Auto uses with underground storage tanks (such as gas stations) shall not be located in the Gorst Creek floodplain.

C. In the urban village center (UVC) or neighborhood commercial (NC) zone, no more than six rental vehicles shall be kept on site at any given time.

D. In the urban village center (UVC) zone, recreational vehicle rentals are prohibited.

(Ord. 611 (2022) § 185, 2022)

17.415.070 Automobile or recreational vehicle repair.

A. Use prohibited in the Waaga Way Town Center area (see the Silverdale Design Standards located in Chapter 17.700, Appendix C3).

B. Use must take access from state route in the Gorst urban growth area. Auto uses with underground storage tanks (such as gas stations) shall not be located in the Gorst Creek floodplain.

C. In the industrial (I) zone, automobile or recreational vehicle repair shall be located and designed to serve adjacent area.

D. In the neighborhood commercial (NC) zone, automobile or recreational vehicle repair shall not exceed four thousand square feet of gross floor area.

(Ord. 611 (2022) § 185, 2022)

17.415.075 Aquaculture practices.

Reserved.

(Ord. 611 (2022) § 185, 2022)

17.415.080 Bed and breakfast house.

Use prohibited within the portion of the Gorst urban growth area between the Sinclair Inlet shoreline and State Highways 3 and 16.

(Ord. 611 (2022) § 185, 2022)

17.455.085 Boat Yard.

Use prohibited in the Waaga Way Town Center area (see the Silverdale Design Standards located in Chapter 17.700, Appendix C3).

(Ord. 611 (2022) § 185, 2022)

17.415.090 Campground.

Campgrounds shall be recreational and transient and shall not allow:

A. Camping for more than thirty days within a forty-day time period. Campers must vacate the overnight park facilities for ten consecutive nights between allowed stays. The time period shall begin on the date for which the first night’s fee is paid. The campground operator shall keep a log of all members of the camping party and ensure that the allowed number of days stay is not exceeded. Kitsap County may request to view the log to confirm that the campground is recreational and transient.

B. The designation of the campground as a permanent or temporary address on official documents or applications submitted to public or private agencies or institutions.

(Ord. 611 (2022) § 185, 2022)

17.415.095 Car washes.

A. Use must take access from state route in the Gorst urban growth area. Auto uses with underground storage tanks (such as gas stations) shall not be located in the Gorst Creek floodplain.

B. In the neighborhood commercial (NC) zone, car washes shall not exceed four thousand square feet of gross floor area.

(Ord. 611 (2022) § 185, 2022)

17.415.100 Caretaker dwelling.

Reserved.

(Ord. 611 (2022) § 185, 2022)

17.415.105 Cemeteries.

A. Use prohibited in the Waaga Way Town Center area (see the Silverdale Design Standards located in Chapter 17.700, Appendix C3).

B. Use shall have its principal access on a county roadway. Ingress and egress shall be designed to minimize traffic congestion. The use shall provide required off-street parking spaces. No mortuary or crematorium in conjunction with a cemetery is permitted within two hundred feet of a lot in a residential zone.

(Ord. 611 (2022) § 185, 2022)

17.415.110 Clinic.

Reserved.

(Ord. 611 (2022) § 185, 2022)

17.415.115 Club.

In rural protection (RP), rural residential (RR), or parks (P) zone, all buildings and activities shall be set back a minimum of fifty feet and thirty-five feet in all other zones from a side or rear lot line. All such uses shall access directly to a county right-of-way determined to be adequate by the county engineer and be able to provide access without causing traffic congestion on local residential streets. Any such use shall not be materially detrimental to any adjacent (existing or future) residential development due to excessive traffic generation, noise, light or other circumstances. The director may increase setback, buffer and landscaping standards or impose other conditions to address potential impacts.

(Ord. 611 (2022) § 185, 2022)

17.415.120 College/vocational school.

Site plans for public college/vocational schools shall include an area identified and set aside for the future placement of a minimum of four portable classroom units. The area set aside may not be counted towards meeting required landscaping or parking requirements.

(Ord. 611 (2022) § 185, 2022)

17.415.125 Conference center.

Reserved.

(Ord. 611 (2022) § 185, 2022)

17.415.130 Contractor’s storage yard.

A. In the rural residential (RR) and rural protection (RP) zones, a contractor’s storage yard accessory to a primary residence shall be limited to not more than ten heavy equipment vehicles or heavy construction equipment. The use shall be contained outside of required setbacks within a contained yard or storage building. The storage yard and/or building shall be screened from adjacent properties with a screening buffer a minimum of twenty-five feet in width and capable of providing functional screening of the use. Minimum lot size shall be one hundred thousand square feet.

B. In the rural protection (RP), rural residential (RR), or parks (P) zone, all buildings and activities shall be set back a minimum of fifty feet and thirty-five feet in all other zones from a side or rear lot line. All such uses shall access directly to a county right-of-way determined to be adequate by the county engineer and be able to provide access without causing traffic congestion on local residential streets. Any such use shall not be materially detrimental to any adjacent (existing or future) residential development due to excessive traffic generation, noise, light or other circumstances. The director may increase setback, buffer and landscaping standards or impose other conditions to address potential impacts.

C. Use prohibited in the Waaga Way Town Center area (see the Silverdale Design Standards located in Chapter 17.700, Appendix C3).

(Ord. 611 (2022) § 185, 2022)

17.415.135 Cottage housing development.

Reserved.

(Ord. 611 (2022) § 185, 2022)

17.415.140 Day-care center.

A. In the business center (BC), business park (BP), or industrial (I) zone, a day-care center shall be located and designed to serve adjacent area.

B. In the urban village commercial (UVC) zone or neighborhood commercial (NC) zone, a day-care center shall not exceed four thousand square feet of gross floor area.

C. In those zones that prohibit residential uses, day-care centers:

1. Shall have a minimum site area of ten thousand square feet.

2. Shall provide and maintain outdoor play areas with a minimum area of seventy-five square feet per child of total capacity. A sight-obscuring fence of at least four feet in height shall be provided, separating the play area from abutting lots.

3. Shall provide adequate off-street parking and loading space shall be provided.

D. Use prohibited within the portion of the Gorst urban growth area between the Sinclair Inlet shoreline and State Highways 3 and 16.

(Ord. 611 (2022) § 185, 2022)

17.415.145 Day-care center, home-based.

A. Use prohibited in the Waaga Way Town Center area (see the Silverdale Design Standards located in Chapter 17.700, Appendix C3).

B. Use prohibited within the portion of the Gorst urban growth area between the Sinclair Inlet shoreline and State Highways 3 and 16.

C. In the business center (BC) or business park (BP) zone, a day-care center, home-based, shall be located and designed to serve adjacent area.

D. In the urban village commercial (UVC) zone or neighborhood commercial (NC) zone, a day-care center, home-based, shall not exceed four thousand square feet of gross floor area.

E. In those zones that prohibit residential uses, day-care centers, home-based, are only allowed in existing residential structures.

(Ord. 611 (2022) § 185, 2022)

17.415.150 Dispatch facility.

Reserved.

(Ord. 611 (2022) § 185, 2022)

17.415.155 Drinking establishments.

In the business center (BC) or business park (BP) zone, drinking establishments shall be located and designed to serve adjacent area.

(Ord. 611 (2022) § 185, 2022)

17.415.160 Duplex.

Reserved.

(Ord. 611 (2022) § 185, 2022)

17.415.165 Entertainment facility, indoor.

In the Manchester village commercial (MVC) zone, any combination of structures shall not exceed five thousand square feet.

(Ord. 611 (2022) § 185, 2022)

17.415.170 Entertainment facility, outdoor.

In the Manchester village commercial (MVC) zone, any combination of structures shall not exceed five thousand square feet.

(Ord. 611 (2022) § 185, 2022)

17.415.175 Equipment sales, rentals and repair, heavy.

A. Use prohibited in the Waaga Way Town Center area (see the Silverdale Design Standards located in Chapter 17.700, Appendix C3).

B. In the rural industrial (RI) zone, equipment sales, rentals and repair, heavy, must limit the inventory to heavy construction, farming, or forestry equipment.

(Ord. 611 (2022) § 185, 2022)

17.415.180 Equipment sales, rentals and repair, light.

Use prohibited in the Waaga Way Town Center area (see the Silverdale Design Standards located in Chapter 17.700, Appendix C3).

(Ord. 611 (2022) § 185, 2022)

17.415.185 Equipment sales, rentals and repair, recreational.

Nonmotorized recreational equipment rentals shall be permitted on all port district owned property regardless of the allowances of the zone.

(Ord. 611 (2022) § 185, 2022)

17.415.190 Espresso stands.

A. Espresso stands are subject to the following conditions:

1. Must be accessory to an immediate primary use.

2. 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.

3. 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.

4. All structures must be permanently secured to the ground.

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

B. In the business center (BC), business park (BP), or industrial (I) zone, espresso stands shall be located and designed to serve adjacent area.

C. Use prohibited in the Waaga Way Town Center area (see the Silverdale Design Standards located in Chapter 17.700, Appendix C3).

(Ord. 611 (2022) § 185, 2022)

17.415.195 Event facility.

In rural residential and rural protection zones, an event facility shall comply with the following standards:

A. Number of Event Participants. An event participant includes, but is not limited to, participants, attendees, guests, officials, on-site staff, vendors and other service providers involved in the setup, operation, and takedown of an event. The event facility shall limit the number of event participants to:

1. 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.

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

B. Number and Frequency of Events. The event facility shall:

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

2. 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.

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

C. Hours of Operation. The event facility shall limit all event activities to occur between the hours of operation specified below. All noise, music, amplified sound, and sound-related equipment shall be turned off or stop at the end-time specified. Any alcohol sales shall cease half an hour before the end-time. All participants shall be off the property no later than half an hour after the last time specified. The director or hearing examiner may increase or decrease the hours of operation allowed per outdoor event based on site size or conditions implemented to reduce the potential impact to neighbors. Event facility hours of operation:

Monday through Saturday:	8:00 a.m. to 8:30 p.m.
Sunday:	8:00 a.m. to 8:00 p.m.

D. Access, Parking, and Traffic. The event facility shall:

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

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

a. Detail the types of events to occur and recommend minimum and maximum parking areas for the facility.

b. Require striping of unmarked parking areas prior to each scheduled event. Temporary striping is acceptable.

c. Clearly prohibit parking on any public rights-of-way.

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

a. An application for concurrency test as required by Section 20.04.030, Concurrency application.

b. The road approach between the edge of existing pavement and the right-of-way line at all intersections with county rights-of-way. Approaches shall be designed in accordance with the Kitsap County road standards as established in Title 11.

E. Landscaping and fencing. The event facility shall include a site-obscuring fence, wall or landscape buffer as defined in Section 17.500.027(B)(1):

1. Around the perimeter of the entire parcel; or

2. Around the proposed use area that accommodates outdoor events.

3. 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.

4. 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.

F. For certain event activities, such as those using amplified sound, a noise analysis may be required consistent with Chapter 18.04. If required, the applicant will prepare a noise level assessment, which may result in noise mitigation or attenuation requirements consistent with Chapter 10.28.

(Ord. 611 (2022) § 185, 2022)

17.415.200 Fitness center.

Fitness centers shall not exceed five thousand square feet in size in the following zones:

A. Rural commercial.

B. Business center.

C. Industrial.

D. Rural industrial.

E. Rural employment center.

F. Twelve Tree employment center.

(Ord. 611 (2022) § 185, 2022)

17.415.205 Food and beverage production.

Use prohibited in the Waaga Way Town Center area (see the Silverdale Design Standards located in Chapter 17.700, Appendix C3).

(Ord. 611 (2022) § 185, 2022)

17.415.210 Forestry.

Use prohibited in the Gorst urban growth area when located in the urban restricted zoning designation.

(Ord. 611 (2022) § 185, 2022)

17.415.215 Fuel distributors.

Use prohibited in the Waaga Way Town Center area (see the Silverdale Design Standards located in Chapter 17.700, Appendix C3).

(Ord. 611 (2022) § 185, 2022)

17.415.220 Fuel or charging stations.

A. When abutting the Suquamish village residential (SVR) zone or Suquamish village low residential (SVLR) zone, this use requires a conditional use permit.

B. Use prohibited in the Waaga Way Town Center area (see the Silverdale Design Standards located in Chapter 17.700, Appendix C3).

C. Use must take access from state route in the Gorst urban growth area. Auto uses with underground storage tanks (such as gas stations) shall not be located in the Gorst Creek floodplain.

D. Fueling or charging stations, with or without convenience store, shall locate on a parcel at least ten thousand square feet in size.

E. Pump islands shall be located a minimum of twenty feet from a property line. However, a canopy or roof structure over a pump island may encroach up to ten feet within this distance. Additionally, the cashier location shall provide direct visual access to the pump islands and the vehicles parked adjacent to the islands.

F. The maximum number of points of ingress/egress to any one street shall be two.

G. There shall be a minimum distance of thirty feet between curb cuts along a street frontage.

H. The width of a driveway may not exceed forty feet at the sidewalk intersection.

I. A sight-obscuring fence or wall, not less than five feet nor more than six feet in height, shall be provided between the service station and abutting property in any residential zone.

J. All lighting shall be of such illumination, direction, and color as not to create a nuisance in adjoining property or a traffic hazard. Under-canopy lighting shall be recessed.

K. When a convenience store, restaurant, or other commercial use is located in conjunction with the service or gas station, a pedestrian walkway from the primary sidewalk and pumping area shall be provided. The walkway shall be clearly delineated and may be painted.

L. Sale of merchandise shall be conducted within a building, except for items used for the maintenance and servicing of automotive vehicles.

M. No automotive repairs other than incidental minor repairs or battery or tire changing shall be allowed.

N. The station shall not directly abut a residential zone.

O. All lighting shall be of such illumination, direction, and color as not to create a nuisance on adjoining property or a traffic hazard.

(Ord. 611 (2022) § 185, 2022)

17.415.225 Funeral homes.

Use shall have its principal access on a county roadway. Ingress and egress shall be designed to minimize traffic congestion. The use shall provide required off-street parking spaces. No mortuary or crematorium in conjunction with a cemetery is permitted within two hundred feet of a lot in a residential zone.

(Ord. 611 (2022) § 185, 2022)

17.415.230 General office and management services.

A. In the business park (BP) zone or industrial (I) zone, engineering and construction offices and financial, banking, mortgage and title institutions must be located and designed to serve adjacent area.

B. In the industrial (I) zone, general office and management services that are less than four thousand square feet must be located and designed to serve adjacent area.

C. In the neighborhood commercial (NC) zone, engineering and construction offices must not exceed four thousand square feet of gross floor area.

D. In the urban village commercial (UVC) zone or neighborhood commercial (NC) zone, financial, banking, mortgage and title institutions and laundromats and laundry services must not exceed four thousand square feet of gross floor area.

E. In the rural industrial (RI) zone, use must be accessory to an immediate primary use.

(Ord. 611 (2022) § 185, 2022)

17.415.235 General retail merchandise stores.

A. General retail merchandise stores greater than one hundred twenty-five thousand square feet in size are prohibited in the Waaga Way Town Center area (see the Silverdale Design Standards located in Chapter 17.700, Appendix C3). Additional square footage may be allowed for projects greater than twenty-five acres in size.

B. In the low intensity commercial (LIC) zone, auto parts and accessory and boat/marine supply stores must take access from state route in the Gorst urban growth area. Auto uses with underground storage tanks (such as gas stations) shall not be located in the Gorst Creek floodplain.

C. In the business center (BC) zone, business park (BP) zone, or industrial (I) zone, general retail merchandise stores that are less than four thousand square feet must be located and designed to serve adjacent area.

D. In the regional center (RC) zone, pet shops must not exceed four thousand square feet of gross floor area.

E. In the urban village commercial (UVC) zone or neighborhood commercial (NC) zone, custom art and craft stores shall not exceed four thousand square feet of gross floor area.

F. In the rural commercial (RCO) zone, custom art and craft stores are limited to studio type and size only.

(Ord. 611 (2022) § 185, 2022)

17.415.240 Golf courses.

A. Use prohibited in the Waaga Way Town Center area (see the Silverdale Design Standards located in Chapter 17.700, Appendix C3).

B. Use prohibited in the Gorst urban growth area when located in the urban restricted zoning designation.

C. In the rural residential (RR) or rural protection (RP) zones, all buildings and activities shall be set back a minimum of fifty feet and thirty-five feet in all other zones from a side or rear lot line. All such uses shall access directly to a county right-of-way determined to be adequate by the county engineer and be able to provide access without causing traffic congestion on local residential streets. Any such use shall not be materially detrimental to any adjacent (existing or future) residential development due to excessive traffic generation, noise, light or other circumstances. The director may increase setback, buffer and landscaping standards or impose other conditions to address potential impacts.

(Ord. 611 (2022) § 185, 2022)

17.415.245 Government/public structures.

Reserved.

(Ord. 611 (2022) § 185, 2022)

17.415.250 Group living (one to six rooms).

A. Use prohibited within the portion of the Gorst urban growth area between the Sinclair Inlet shoreline and State Highways 3 and 16.

B. Boarding houses shall meet the minimum density and shall not exceed the maximum density for the zone or six boarding rooms, whichever is greater. Each room shall be considered a dwelling unit when calculating the required minimum or maximum density.

C. Boarding houses must have health district approval prior to occupancy.

D. In the urban village center (UVC) zone, a boarding house shall be permitted outright.

E. Except in the Manchester village commercial (MVC), Manchester village residential low (MVLR) and Manchester village residential (MVR), cottage housing may be used in conjunction with group living (one to six rooms) facilities and reviewed under the group living (one to six rooms) permit review process.

(Ord. 611 (2022) § 185, 2022)

17.415.255 Group living (seven or more rooms).

A. Use prohibited within the portion of the Gorst urban growth area between the Sinclair Inlet shoreline and State Highways 3 and 16.

C. Except in the Manchester village commercial (MVC), cottage housing may be used in conjunction with group living (seven or more rooms) facilities and reviewed under the group living (seven or more rooms) permit review process.

(Ord. 611 (2022) § 185, 2022)

17.415.260 Guest house.

A. Guest houses shall not exceed nine hundred square feet. Dimensions are determined by exterior measurements;

B. Guest houses shall not include any kitchen plumbing, appliances or provisions for cooking;

C. Guest houses shall not include more than one bathroom (may be full bathroom);

D. Guest houses shall not include more than two habitable rooms;

E. Guest houses shall not be rented separately from the primary residence;

F. Only one guest house is allowed per parcel;

G. No guest house is allowed on a parcel with an existing accessory dwelling unit, detached;

H. Newly constructed guest houses must meet the required setbacks for a single-family dwelling consistent with their zone. Legally established, existing structures built before May 7, 1998, may be remodeled into guest houses at their existing setback;

I. Guest houses must be within one hundred fifty feet of the primary residence;

J. Guest houses must use the same street entrance as the primary structure;

K. Guest houses must meet all applicable health district standards for water provision and sewage disposal; and

L. The property owner must record a notice to title outlining these conditions. This notice must be approved by the department and may not be extinguished without the county’s written permission.

(Ord. 611 (2022) § 185, 2022)

17.415.265 Helicopter pads.

A. Heliports for the purpose of medical emergency facilities may be permitted in certain zones subject to a conditional use permit.

(Ord. 611 (2022) § 185, 2022)

17.415.270 High-risk secured facilities.

A. The county shall hold a neighborhood meeting prior to a public hearing for a proposed high-risk secured facility. The project applicant shall cover all meeting costs.

B. The county shall mail community notification to the school district and all landowners within a half-mile radius of a proposed high-risk secured facility at least two weeks prior to the required neighborhood meeting. The project applicant shall cover all community notification costs.

C. A high-risk secured facility shall not be located adjacent to, immediately across the street or parking lot from, or within the line of sight of a risk-potential activity or facility in existence at the time a facility is established.

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

2. “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.

D. A high-risk secured facility shall not be located in a community protection zone as defined in RCW 9.94A.030(6). Distance shall be measured from all property lines of a high-risk secured facility from all property lines of the facilities and grounds of a public or private school.

E. A high-risk secured facility shall meet the applicable health district standards for water and sewage disposal to account for staff and residents.

F. Principal access to the site shall be from a county-maintained right-of-way.

G. A high-risk secured facility shall be equipped with an automatic fire sprinkler system, installed in accordance with applicable building and fire codes.

H. A high-risk secured facility shall be equipped with a mechanism that is interlocked with the fire protection system to automatically release any facility security locks and allow safe egress from the structure in the event of fire or other emergency.

I. A high-risk secured facility shall be equipped with a backup power system and an automatic transfer switch sufficient to energize and maintain the function of safety, security, and surveillance systems in the event of a power outage.

(Ord. 611 (2022) § 185, 2022)

17.415.275 Home business.

A. Commercial or industrial uses otherwise prohibited in the zone may be allowed as a component of a home business subject to the requirements in this section.

B. In the forest resource lands (FRL) zone, home businesses must be associated with timber production and/or harvest.

C. Incidental home businesses shall be allowed subject to the following standards and have no permit required:

1. Business uses shall be secondary to the dominant residential use;

2. 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;

3. The business shall be conducted entirely within the residence;

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

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

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

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

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

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

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

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

D. Minor home businesses shall be allowed subject to the following standards. Said approval is not transferable to any individual, future property owner or location.

1. Business uses shall be secondary to the dominant residential use;

2. 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;

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

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

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

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

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

8. No outside storage shall be allowed; and

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

a. Patronage by appointment.

b. Additional off-street parking.

c. Other reasonable conditions.

E. Moderate home businesses shall be allowed subject to the following standards. Said approval is not transferable to any individual, future property owner or location.

1. Business uses shall be secondary to the dominant residential use;

2. 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;

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

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

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

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

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

a. Patronage by appointment.

b. Additional off-street parking.

c. Screening of outside storage.

d. Other reasonable conditions.

(Ord. 611 (2022) § 185, 2022)

17.415.280 Hospital.

Reserved.

(Ord. 611 (2022) § 185, 2022)

17.415.285 Hotel/motel.

Use prohibited within the portion of the Gorst urban growth area between the Sinclair Inlet shoreline and State Highways 3 and 16.

(Ord. 611 (2022) § 185, 2022)

17.415.290 Kennels, hobby.

Use prohibited in the Gorst urban growth area when located in the urban restricted zoning designation.

(Ord. 611 (2022) § 185, 2022)

17.415.295 Kennels or pet day-cares.

A. Use prohibited in the Waaga Way Town Center area (see the Silverdale Design Standards located in Chapter 17.700, Appendix C3).

B. In rural wooded (RW), rural protection (RP), or rural residential (RR) zone, all buildings and activities shall be set back a minimum of fifty feet and thirty-five feet in all other zones from a side or rear lot line. All such uses shall access directly to a county right-of-way determined to be adequate by the county engineer and be able to provide access without causing traffic congestion on local residential streets. Any such use shall not be materially detrimental to any adjacent (existing or future) residential development due to excessive traffic generation, noise, light or other circumstances. The director may increase setback, buffer and landscaping standards or impose other conditions to address potential impacts.

(Ord. 611 (2022) § 185, 2022)

17.415.300 Lumber and bulky building material sales.

A. Use prohibited in the Waaga Way Town Center area (see the Silverdale Design Standards located in Chapter 17.700, Appendix C3).

B. All business, service repair, processing, storage, or merchandise display on property abutting or across the street from a lot in any residential zone shall be conducted wholly within an enclosed building unless screened from the residential zone by a sight-obscuring fence or wall.

(Ord. 611 (2022) § 185, 2022)

17.415.305 Manufactured/mobile/RV/park model/tiny home park.

Manufactured home/mobile/RV park/park model/tiny home park must meet the following requirements:

A. Utilities. The use, individual units, or individual sites shall be completely and adequately served by utilities for potable water and sanitation approved by the health district.

B. Accessory Buildings. Buildings and structures accessory to a home shall be allowed. Automobile parking spaces may be covered with a carport.

C. Access. All drives within the park shall be constructed in accordance with Title 12. Drives, sidewalks and paths shall be provided consistent with county road standards.

D. Screening. There shall be sight-obscuring fencing, or landscaping or natural vegetated buffers, at least eight feet wide on all sides of the park. Such screening shall contain openings suitable to provide direct pedestrian access to adjoining streets and trails.

E. Site Plan. A complete and detailed site plan shall be submitted in support of the permit. The site plan shall show the locations and dimensions of all contemplated buildings, structures, spaces, driveways, parking, and roads and recreational areas. Consistent with the underlying zoning, standards set forth in Sections 16.24.040 and 16.24.050 apply. The director may also require additional information as necessary to determine whether all the above conditions and other applicable provisions of this code are met.

(Ord. 611 (2022) § 185, 2022)

17.415.310 Manufactured home, mobile home, park models, tiny homes sales.

Reserved.

(Ord. 611 (2022) § 185, 2022)

17.415.315 Manufacturing and fabrication, hazardous.

Reserved.

(Ord. 611 (2022) § 185, 2022)

17.415.320 Manufacturing and fabrication, heavy.

Reserved.

(Ord. 611 (2022) § 185, 2022)

17.415.325 Manufacturing and fabrication, light.

Use prohibited in the Waaga Way Town Center area (see the Silverdale Design Standards located in Chapter 17.700, Appendix C3).

(Ord. 611 (2022) § 185, 2022)

17.415.330 Manufacturing and fabrication, medium.

A. Use prohibited in the Waaga Way Town Center area (see the Silverdale Design Standards located in Chapter 17.700, Appendix C3).

(Ord. 611 (2022) § 185, 2022)

17.415.335 Cannabis processor.

A. Findings and Application.

1. 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.

2. 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.

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

B. Where allowed, a marijuana processor:

1. 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.

2. 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.

C. Permits.

1. 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.

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

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

D. Nonconforming Uses. No use that constitutes or purports to be a marijuana processor as those terms are defined in this title that was engaged in that activity prior to the enactment of these provisions shall be deemed to have been a legally established use under Kitsap County Code and that use shall not be entitled to claim legal nonconforming status.

(Ord. 611 (2022) § 185, 2022)

17.415.340 Cannabis producer.

A. Findings and Application.

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

B. Where allowed, a marijuana producer:

1. 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.

C. Permits.

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

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

D. Nonconforming Uses. No use that constitutes or purports to be a marijuana producer as those terms are defined in this title that was engaged in that activity prior to the enactment of these provisions shall be deemed to have been a legally established use under Kitsap County Code and that use shall not be entitled to claim legal nonconforming status.

(Ord. 611 (2022) § 185, 2022)

17.415.345 Cannabis retailer.

A. Findings and Application.

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

B. Where allowed, a marijuana retailer:

1. 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.

C. Permits.

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

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

D. Nonconforming Uses. No use that constitutes or purports to be a marijuana retailer as those terms are defined in this title that was engaged in that activity prior to the enactment of these provisions shall be deemed to have been a legally established use under Kitsap County Code and that use shall not be entitled to claim legal nonconforming status.

(Ord. 611 (2022) § 185, 2022)

17.415.350 Marinas.

A. Use prohibited in the Waaga Way Town Center area (see the Silverdale Design Standards located in Chapter 17.700, Appendix C3).

B. Use prohibited in the Gorst urban growth area when located in the urban restricted zoning designation.

(Ord. 611 (2022) § 185, 2022)

17.415.355 Marina support services.

Marina support services shall be accessory to a marina.

(Ord. 611 (2022) § 185, 2022)

17.415.360 Mobile home.

In the urban restricted (UR), greenbelt (GB), urban low residential (UL), and the urban cluster residential (UCR) and urban village center (UVC) zones, mobile homes are prohibited, except in approved mobile home parks.

(Ord. 611 (2022) § 185, 2022)

17.415.365 Multiple-family.

A. All multiple-family development shall comply with Chapter 17.470, Multifamily Development – Design Criteria.

B. Use prohibited in the Gorst urban growth area when located in the urban restricted zoning designation.

(Ord. 611 (2022) § 185, 2022)

17.415.370 Nursery, retail.

In the Manchester village commercial (MVC) zone, nursery, retail, is permitted if less than five thousand square feet.

(Ord. 611 (2022) § 185, 2022)

17.415.375 Nursery, wholesale.

Use prohibited in the Waaga Way Town Center area (see the Silverdale Design Standards located in Chapter 17.700, Appendix C3).

(Ord. 611 (2022) § 185, 2022)

17.415.380 Off-street parking facilities.

Reserved.

(Ord. 611 (2022) § 185, 2022)

17.415.385 Off-street parking facilities, structured.

Reserved.

(Ord. 611 (2022) § 185, 2022)

17.415.390 Personal services.

A. In the business Center (BC) zone, laundromats and laundry services shall be located and designed to serve adjacent area.

B. In the rural commercial (RCO) zone, personal services cannot exceed four clients and must be intended for local use.

C. In the urban village (UVC), neighborhood commercial (NC) and rural commercial (RCO) zones:

1. Personal services shall not exceed four thousand square feet.

2. Pet grooming shall require an administrative conditional use permit.

(Ord. 611 (2022) § 185, 2022)

17.415.395 Places of worship.

In the rural protection (RP) or rural residential (RR) zones, all buildings and activities shall be set back a minimum of fifty feet and thirty-five feet in all other zones from a side or rear lot line. All such uses shall access directly to a county right-of-way determined to be adequate by the county engineer and be able to provide access without causing traffic congestion on local residential streets. Any such use shall not be materially detrimental to any adjacent (existing or future) residential development due to excessive traffic generation, noise, light or other circumstances. The director may increase setback, buffer and landscaping standards or impose other conditions to address potential impacts.

(Ord. 611 (2022) § 185, 2022)

17.415.400 Public facilities.

A. Public facilities of any size shall meet the following criteria:

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

2. 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.

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

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

5. 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).

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

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

8. 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.

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

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

B. Public facilities three hundred square feet or less shall meet the criteria in subsection (A) of this section except the setback requirements outlined in Chapter 17.420 are reduced for all structures and associated improvements to a minimum five-foot setback from all property lines.

(Ord. 611 (2022) § 185, 2022)

17.415.405 Racetrack.

A. Use prohibited in the Waaga Way Town Center area (see the Silverdale Design Standards located in Chapter 17.700, Appendix C3).

B. In the rural wooded (RW), forest resource lands (FRL) or parks (P) zones, all buildings and activities shall be set back a minimum of fifty feet and thirty-five feet in all other zones from a side or rear lot line. All such uses shall access directly to a county right-of-way determined to be adequate by the county engineer and be able to provide access without causing traffic congestion on local residential streets. Any such use shall not be materially detrimental to any adjacent (existing or future) residential development due to excessive traffic generation, noise, light or other circumstances. The director may increase setback, buffer and landscaping standards or impose other conditions to address potential impacts.

(Ord. 611 (2022) § 185, 2022)

17.415.410 Recreational facilities, indoor.

Use prohibited within the portion of the Gorst urban growth area between the Sinclair Inlet shoreline and State Highways 3 and 16.

(Ord. 611 (2022) § 185, 2022)

17.415.415 Recreational facilities, outdoor.

Use prohibited within the portion of the Gorst urban growth area between the Sinclair Inlet shoreline and State Highways 3 and 16.

(Ord. 611 (2022) § 185, 2022)

17.415.420 Recycling center.

Reserved.

(Ord. 611 (2022) § 185, 2022)

17.415.425 Research laboratory, less than four thousand square feet.

Reserved.

(Ord. 611 (2022) § 185, 2022)

17.415.430 Research laboratory, four thousand to nine thousand nine hundred ninety-nine square feet.

Reserved.

(Ord. 611 (2022) § 185, 2022)

17.415.435 Research laboratory, ten thousand square feet or greater.

Reserved.

(Ord. 611 (2022) § 185, 2022)

17.415.440 Resort.

Reserved.

(Ord. 611 (2022) § 185, 2022)

17.415.445 Restaurant, with drive-through service.

A. In all urban commercial and industrial zones, restaurants with drive-through service must be located and designed to serve the adjacent area.

B. In the urban village commercial (UVC) and neighborhood commercial (NC) zones restaurants with drive-through service shall not exceed four thousand square feet of gross floor area.

C. In the Manchester village commercial (MVC) zone, drive-through lanes are not allowed.

D. In the rural employment center (REC) zone, restaurant, with drive-through service, shall be subject to the following permit review:

1. 0 – 3,999 square feet = P.

2. 4,000 – 10,000 square feet = ACUP.

3. 10,001 – 15,000 square feet = C.

4. 15,001 square feet and above = X.

(Ord. 611 (2022) § 185, 2022)

17.415.450 Restaurants, without drive-through service.

A. In the business center (BC), business park (BP), or industrial (I) zone, restaurants, without drive-through, shall be located and designed to serve the adjacent area.

B. In the urban village commercial (UVC) zone and neighborhood commercial (NC) zone, restaurants, without drive-through service, shall not exceed four thousand square feet of gross floor area.

C. In the rural employment center (REC) and Twelve Trees employment center (TTEC) zones, restaurants, without drive-through service, shall be subject to the following permit review:

1. 0 – 3,999 square feet = P.

2. 4,000 – 10,000 square feet = ACUP.

3. 10,001 – 15,000 square feet = C.

4. 15,001 square feet and above = X.

(Ord. 611 (2022) § 185, 2022)

17.415.455 Rock crushing.

Reserved.

(Ord. 611 (2022) § 185, 2022)

17.415.460 School, elementary, middle school, or junior high.

Site plans for public elementary, middle school, or junior high schools shall include an area identified and set aside for the future placement of a minimum of four portable classroom units. The area set aside may not be counted towards meeting required landscaping or parking requirements.

(Ord. 611 (2022) § 185, 2022)

17.415.465 School, high school.

Site plans for public high schools shall include an area identified and set aside for the future placement of a minimum of four portable classroom units. The area set aside may not be counted towards meeting required landscaping or parking requirements.

(Ord. 611 (2022) § 185, 2022)

17.415.470 Secure community transition facility.

All projects shall comply with state law.

(Ord. 611 (2022) § 185, 2022)

17.415.475 Shared work/maker space.

Limited to less than four thousand square feet in the Keyport village commercial (KVC), Manchester village commercial (MVC), Suquamish village commercial (SVC), rural employment center (REC), and Twelve Trees employment center (TTEC) zones.

(Ord. 611 (2022) § 185, 2022)

17.415.480 Shellfish/fish hatcheries and processing facilities.

Reserved.

(Ord. 611 (2022) § 185, 2022)

17.415.485 Shooting/gun facility, indoor.

Reserved.

(Ord. 611 (2022) § 185, 2022)

17.415.490 Shooting/gun facility, outdoor.

Reserved.

(Ord. 611 (2022) § 185, 2022)

17.415.495 Single-family attached dwelling.

Use prohibited within the portion of the Gorst urban growth area between the Sinclair Inlet shoreline and State Highways 3 and 16.

(Ord. 611 (2022) § 185, 2022)

17.415.500 Single-family detached dwelling (includes manufactured homes).

Reserved.

(Ord. 611 (2022) § 185, 2022)

17.415.505 Slaughterhouse or animal processing.

In the rural commercial (RCO) and rural industrial (RI) zones, a slaughterhouse or animal processing facility may include a retail component that shall not exceed four thousand square feet.

(Ord. 611 (2022) § 185, 2022)

17.415.510 Special care residence.

Where a family member needs special, frequent and routine care and assistance by reason of advanced age or ill health, a manufactured home or mobile home may be placed upon the same lot as a single-family dwelling for occupancy by the individual requiring or providing such special care subject to the following limitations:

A. Not more than two individuals shall be the recipients of special care;

B. No rent, fee, payment or charge in lieu thereof may be made for use of the single-family dwelling or manufactured/mobile home as between the recipients or providers of special care;

C. The manufactured/mobile home must meet the setback requirements of the zone in which it is situated;

D. A permit must be obtained from the director authorizing such special care manufactured/mobile home. Such permit shall remain in effect for one year and may, upon application, be extended for one-year periods, provided there has been compliance with the requirements of this section;

E. The manufactured/mobile home must be removed when the need for special care ceases; and

F. Placement of the manufactured/mobile home is subject to applicable health district standards for water service and sewage disposal.

(Ord. 611 (2022) § 185, 2022)

17.415.515 Storage, hazardous materials.

A. In the rural commercial (RCO) or rural industrial (RI) zone, storage, hazardous materials, shall be screened from public view by a twenty-five-foot buffer in order to meet rural compatibility. The applicant must demonstrate how the storage serves the immediate population.

B. In the rural industrial (RI) zone, cold storage facilities are only allowed for agricultural and food uses.

(Ord. 611 (2022) § 185, 2022)

17.415.520 Storage, indoor.

A. Use prohibited in the Waaga Way Town Center area (see the Silverdale Design Standards located in Chapter 17.700, Appendix C3).

B. Use prohibited within the portion of the Gorst urban growth area between the Sinclair Inlet shoreline and State Highways 3 and 16.

C. In any urban residential zone, storage, indoor, shall be:

1. Accessory to the predominant residential use of the property.

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

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

D. In the rural commercial (RCO) or rural industrial (RI) zone, storage, indoor, must be screened from public view by a twenty-five-foot buffer in order to meet rural compatibility. The applicant must demonstrate how the storage serves the immediate population.

E. In the rural industrial (RI) zone, cold storage facilities are only allowed for agricultural and food uses.

F. In the urban village center (UVC) zone:

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

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

G. One piece of heavy equipment may be stored in any residential zone; provided, that it is either enclosed within a permitted structure, or screened to the satisfaction of the director.

(Ord. 611 (2022) § 185, 2022)

17.415.525 Storage, outdoor.

A. Use prohibited in the Waaga Way Town Center area (see the Silverdale Design Standards located in Chapter 17.700, Appendix C3).

B. In any urban residential zone, storage, outdoor, shall:

1. Be allowed only in conjunction with storage, indoor.

2. Be accessory to a platted development or multifamily project.

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

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

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

C. In the rural commercial (RCO) or rural industrial (RI) zone, storage, outdoor, must be screened from public view by a twenty-five-foot buffer in order to meet rural compatibility. The applicant must demonstrate how the storage serves the immediate population.

D. In the rural industrial (RI) zone, cold storage facilities are only allowed for agricultural and food uses.

E. In the urban village center (UVC) zone, self-service storage shall require a conditional use permit (C).

F. One piece of heavy equipment may be stored in any residential zone; provided, that it is either enclosed within a permitted structure or screened to the satisfaction of the director.

(Ord. 611 (2022) § 185, 2022)

17.415.530 Temporary offices and model homes.

A. Temporary offices and model homes must comply with the temporary permit provisions of Chapter 17.105.

B. In the rural employment center (REC) and Twelve Trees employment center (TTEC) zones, temporary offices and model homes shall be subject to the following permit review:

1. 0 – 3,999 square feet = P.

2. 4,000 – 10,000 square feet = ACUP.

3. 10,001 – 15,000 square feet = C.

4. 15,001 square feet and above = X.

C. A model home may be constructed within a subdivision prior to final plat approval. The purpose of the model homes shall be to demonstrate a variety of housing designs together with associated on-site improvements, e.g., landscaping, improved driveway, patios. Model homes shall be subject to the following requirements:

1. The subdivision shall have received preliminary plat approval;

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

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

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

5. 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;

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

7. 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;

8. 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;

9. 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

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

(Ord. 611 (2022) § 185, 2022)

17.415.535 Topsoil production, stump grinding, firewood cutting, and composting.

In the rural residential (RR) or the rural protection (RP) zone, topsoil production, stump grinding, firewood cutting, and composting shall meet the following requirements:

A. The site must be one hundred thousand square feet or greater in size;

B. The use must take direct access from a county-maintained right-of-way;

C. A fifty-foot natural vegetation buffer must be maintained around the perimeter of the property(ies) to provide adequate screening of the use from neighboring properties;

D. The subject property(ies) must be adjacent to an industrial zone or a complementary public facility such as a sewage treatment plant or solid waste facility;

E. The use must mitigate noise, odor, dust and light impacts from the project; and

F. The use must meet all other requirements of this title.

(Ord. 611 (2022) § 185, 2022)

17.415.540 Tourism facilities, including outfitter and guide facilities.

A. In the Manchester village commercial (MVC) zone, terminals or facilities for motorized equipment are prohibited.

B. In the rural employment center (REC) zone, tourism facilities, including outfitter and guide facilities, shall be subject to the following permit review:

1. 0 – 3,999 square feet = P.

2. 4,000 – 10,000 square feet = ACUP.

3. 10,001 – 15,000 square feet = C.

4. 15,001 square feet and above = X.

(Ord. 611 (2022) § 185, 2022)

17.415.545 Tourism facilities, including seaplane and tour boat terminals.

Reserved.

(Ord. 611 (2022) § 185, 2022)

17.415.550 Transitory accommodations.

Use shall comply with Chapter 17.505.

(Ord. 611 (2022) § 185, 2022)

17.415.555 Transportation terminals, marine.

Reserved.

(Ord. 611 (2022) § 185, 2022)

17.415.560 Transportation terminals, nonmarine.

Reserved.

(Ord. 611 (2022) § 185, 2022)

17.415.565 Transshipment facilities, including docks, wharves, marine rails, cranes, and barge facilities.

Use prohibited in the Waaga Way Town Center area (see the Silverdale Design Standards located in Chapter 17.700, Appendix C3).

(Ord. 611 (2022) § 185, 2022)

17.415.570 Vacation rentals.

Use prohibited within the portion of the Gorst urban growth area between the Sinclair Inlet shoreline and State Highways 3 and 16.

(Ord. 611 (2022) § 185, 2022)

17.415.575 Veterinary clinics/animal hospitals/wildlife shelter.

In the rural protection (RP) or rural residential (RR) zone, all buildings and activities shall be set back a minimum of fifty feet and thirty-five feet in all other zones from a side or rear lot line. All such uses shall access directly to a county right-of-way determined to be adequate by the county engineer and be able to provide access without causing traffic congestion on local residential streets. Any such use shall not be materially detrimental to any adjacent (existing or future) residential development due to excessive traffic generation, noise, light or other circumstances. The director may increase setback, buffer and landscaping standards or impose other conditions to address potential impacts.

(Ord. 611 (2022) § 185, 2022)

17.415.580 Warehousing and distribution.

A. In the rural industrial (RI) zone, warehousing and distribution shall be focused on agricultural, food, or forestry uses only.

B. Use prohibited in the Waaga Way Town Center area (see the Silverdale Design Standards located in Chapter 17.700, Appendix C3).

(Ord. 611 (2022) § 185, 2022)

17.415.585 Wireless communications facilities.

Uses shall comply with Chapter 17.530.

(Ord. 611 (2022) § 185, 2022)

17.415.590 Wrecking yards and junkyards.

Reserved.

(Ord. 611 (2022) § 185, 2022)

17.415.595 Zoo, aquarium.

A. Use prohibited in the Waaga Way Town Center area (see the Silverdale Design Standards located in Chapter 17.700, Appendix C3).

B. In the rural commercial (RCO) zone, an aquarium is prohibited.

(Ord. 611 (2022) § 185, 2022)