Here is a quick reference guide to your zone. This information is a summary of your zone’s purpose, allowed uses, density, dimensions, and setbacks.
This information summarizes Kitsap County Code and is subject to change. For full information about your zone, please see the
Official Kitsap County Code.
In all permit-related decisions, the
Official Kitsap County Code governs.
The intent of this overlay is to protect and enhance significant sand, gravel and rock deposits as identified mineral resource lands. It is also used to ensure the continued or future use without disrupting or endangering adjacent land uses, while safeguarding life, property, and the public welfare. Provisions of state statutes applicable to Kitsap County pertaining to surface mining are hereby adopted by reference.
(Ord. 534 (2016) § 7(5) (App. E) (part), 2016)
A. All activities shall be consistent with all applicable Washington State surface mining permits and approvals.
B. The director shall review all plans meeting the submittal requirements of Section 17.170.050 through a process consistent with Title 21.
C. Site area shall be in accordance with Chapter 17.420 and Section 17.420.052, Rural, resource, and urban residential zones density and dimensions table.
D. Lot width shall be in accordance with Chapter 17.420 and Section 17.420.052, Rural, resource, and urban residential zones density and dimensions table.
E. Fencing. The periphery of all sites within the gross site area being actively mined or reclaimed shall be fenced.
F. Berms. Berms of sufficient height, width, and mass to screen the site from adjacent land uses shall be provided to protect health, property and welfare. Suitable planting shall be determined by the director.
G. Setbacks. The tops and toes of cut and fill slopes shall be set back from property boundaries according to the State Department of Natural Resources standards for safety of adjacent properties, and to prevent water runoff or erosion of slopes and to provide adequate reclamation slopes per subsection (J) of this section.
H. Maximum Permissible Noise Levels. Maximum permissible noise levels shall be according to the provisions of the Kitsap County noise ordinance.
I. Hours of Operation. Hours of operation, unless otherwise authorized by the director, shall be between 7:00 a.m. and 6:00 p.m.
J. Slope. When reclaimed, no slope of cut and fill surfaces shall be steeper than is safe for the intended use, and shall not exceed one and one-half horizontal to one vertical for unconsolidated material such as gravel, and one-fourth horizontal to one vertical for consolidated material, unless otherwise approved by the director.
K. Erosion Control. All disturbed areas, including faces of cut and fill slopes, shall be prepared and maintained to control erosion. This control may consist of plantings sufficient to stabilize the slope (as approved by the director).
L. Drainage. Provisions shall be made to:
1. Prevent any surface water or seepage from damaging the cut face of any excavations or the sloping face of a hill.
2. Drain any surface waters that are or might be concentrated as a result of a fill or excavation to a natural watercourse, or by other means approved by the department of public works director.
3. Prevent sediment from leaving the site in a manner which violates RCW 90.48.080 and/or WAC 173-201A-100.
M. Bench/Terrace. Benches shall be back-sloped, and shall be established at not more than forty-foot vertical intervals, to control surface drainage and debris. Swales or ditches on benches shall have a maximum gradient of five percent.
N. Access Roads Maintenance. Access roads to mining and quarrying sites shall be maintained and located to the satisfaction of the director of public works, to minimize problems of dust, mud, and traffic circulation.
O. Overburden. Overburden shall only be removed to accommodate aggregate removal operations and related activities of this section.
Plans shall be drawn to an appropriate engineer’s scale upon substantial paper, mylar, or electronic, as authorized by state law, and shall be of sufficient detail and clarity to indicate the nature and extent of the work proposed, and show in detail that they will conform to the provisions of this section and all other relevant laws, ordinances, rules, and regulations. The first sheet of each set of plans shall give the location of the work, and the person by whom they were prepared. The plans shall include the following minimum information:
A. General vicinity maps of the proposed site.
B. Property limits and accurate contours, at an appropriate interval, of existing ground and details of terrain and area drainage.
C. Dimensions, elevations, or finished contours to be achieved by the grading, proposed drainage channels and related construction.
D. Detailed plans of all surface and subsurface drainage devices, walls, cribbing, dams, berms, settling ponds and other protective devices to be constructed with or as part of the proposed work together with the maps showing the drainage area and the estimated runoff of the area served by any drains.
E. Location of any buildings or structures on the property where the work is to be performed, and the location of any buildings or structures on land of adjacent property owners which are within fifty feet of the property.
F. Landscape and rehabilitation plan as required by Section 17.170.060.
A. Upon the exhaustion of minerals or materials, or upon the permanent abandonment of the quarrying or mining operation, all buildings, structures, apparatus, or appurtenances accessory to the quarrying and mining operation which are nonconforming to the underlying zone shall be removed or otherwise dismantled to the satisfaction of the director.
B. Final grades shall be such so as to encourage the uses permitted within the zone with which this overlay is combined or allowed as a conditional use.
C. Unless approved as a sanitary landfill, grading or back-filling shall be made with nonnoxious, nonflammable, noncombustible, and nonputrescible solids.
D. Such graded or back-filled areas, except for roads, shall be sodded or surfaced with soil of a quality at least equal to the topsoil of the land areas immediately surrounding the site, and to a depth of at least four inches, or a depth of that of the topsoil of surrounding land, if less than four inches.
E. Such topsoil as required by subsection (D) of this section shall be planted with trees, shrubs, or grasses.
F. Graded or back-filled areas shall be reclaimed in a manner which will not permit stagnant water to remain. Suitable drainage systems approved by the director of public works shall be constructed or installed if natural drainage is not possible.
G. Waste or soil piles shall be leveled and the area treated, as required in subsections (D) and (E) of this section.
As an option to the requirements of Section 17.170.060 to reclaim a property(s) and extinguish a Washington State Department of Natural Resources (DNR) surface mining permit, the county may accept, review and approve development permits for uses consistent with the property(s) underlying zone. If a permit meets all applicable zoning, building, storm water, fire and other county codes, such permits shall be forwarded to the DNR to be reviewed as a reclamation plan. Upon receipt by the county of DNR confirmation of the closing of the surface mining permit for the property(s), the county shall include the property(s) in the next scheduled Comprehensive Plan amendment cycle. At this time, the county shall rescind the Mineral Resource Comprehensive Plan designation and zoning classification, reverting the property(s) back to their underlying zone and compatible designation.
All plats, short plats, development permits and building permits issued for land development activities on or within five hundred feet of designated mineral resource lands, shall contain the following notice:
The subject property is within or near land in which resource activities are permitted and encouraged, including a variety of activities which may not be compatible with residential use for certain periods of limited duration. In addition to other activities, these may include noise, dust, smoke, visual impacts and odors resulting from harvesting, planting, surface mining, quarrying, application of fertilizers, herbicides and associated reclamation and management activities. When performed in accordance with state and federal law, these resource activities are not subject to legal action as a nuisance.
The Mineral Resource Overlay (MRO) overlays and supersedes the requirements of the existing land use designation and zoning classification until the site has been reclaimed, after which the MRO shall be removed, and the requirements of the underlying land use designation and zoning classification resumed.
This zone is not intended to accommodate population growth and therefore do not have allowed density. However, limited new residential uses may occur in these zones which support the intent of these zones to provide employment and services.. Therefore, up to one dwelling unit may be allowed per existing parcel for the limited residential uses allowed in Kitsap County Code
Allowed primary agricultural uses and accessory agricultural uses or agritourism are defined by the Agricultural Code
The following letters and symbols have the following meanings when they appear in the box at the intersection of the column and the row.
Accessory dwelling unit, attached
17.415.010 Accessory Dwelling Unit (ADU) located in an Urban Growth Area
17.415.015 Accessory Dwelling Unit (ADU) located outside an Urban Growth Area.
17.110.740 Veterinary clinic
17.110.763 Wildlife shelter
1. The use is subject to special provisions in Chapter 17.415 ‘Special provisions’ that may change to the level of permit review indicated above. All applicable requirements shall govern a use whether specifically identified in this chapter or not.
3. Pets and Exotic Animals. The keeping of pets, nontraditional pets and exotic animals is subject to the following conditions: a. Pets which are kept inside of a primary structure as household pets in aquariums, terrariums, cages or similar containers shall not be limited in number by this section. Other pets, excluding cats, which are kept indoors shall be limited to five; b. Pets which are kept outside of the primary structure shall be limited to three per household on lots less than twenty thousand square feet in area, only one of which may be a nontraditional pet; five per household on lots of twenty thousand to thirty-five thousand square feet, only two of which may be nontraditional pets; with an additional two pets per acre of site area over thirty-five thousand square feet up to a limit of twenty; and c. No feeding area or structure used to house, confine or feed pets shall be located closer than the minimum yard setbacks for the zone in which they are located. No feeding area or structure used to house, confine or feed nontraditional pets or exotic animals shall be located closer than fifty feet from any residence on adjacent property.
4. Storage of junk motor vehicles on any property outside of a legally constructed building (minimum of three sides and a roof) is prohibited, except where the storage of up to six junk motor vehicles meets one of the following two conditions: a. Any junk motor vehicle(s) stored outdoors must be completely screened by a sight-obscuring fence or natural vegetation to the satisfaction of the director (a covering such as a tarp over the vehicle(s) will not constitute an acceptable visual barrier). For the purposes of this section, “screened” means not visible from any portion or elevation of any neighboring or adjacent public or private property, easement or right-of-way; or b. Any junk motor vehicle(s) stored outdoors must be stored more than two hundred fifty feet away from all property lines. c. Environmental Mitigation Agreement. The owner of any such junk motor vehicle(s) must successfully enter into an environmental mitigation agreement with the department of community development (the “department”) regarding the property where such vehicle(s) will be located or stored. i. An environmental mitigation agreement between a property owner and the department is required before the outdoor storage of up to six screened junk motor vehicles will be approved. A property owner may enter into such agreement with the department for a one-time fee of $10.00 per vehicle, the proceeds of which shall be used to assist with clean-up costs associated with the administration of Chapter 9.56. ii. In order to mitigate any potential environmental impact from the storage of these junk motor vehicles, the property owner must agree to institute one of the following two preventative measures: (a) Each junk motor vehicle must be drained of all oil and other fluids including, but not limited to, engine crankcase oil, transmission fluid, brake fluid and radiator coolant or antifreeze prior to placing the vehicle on site; or (b) Drip pans or pads must be placed and maintained underneath the radiator, engine block, transmission and differentials of each junk motor vehicle to collect residual fluids. (c) Either preventative measure shall require that the owner of such vehicle(s) clean up and properly dispose of any visible contamination resulting from the storage of junk motor vehicles. The agreement will require the property owner to select one of the two preventative measures and to allow for an initial inspection of the property by the department to assure that the preventative measure has been implemented to the satisfaction of the department. By entering into the agreement, the property owner further agrees to allow the department entry onto the property on an annual basis for reinspection to assure compliance with the approved agreement. If a property is found to be in compliance with the terms of the agreement for two consecutive inspections, the department may waive the annual inspection requirement. A property owner found to be in violation of the agreement may be issued a civil infraction pursuant to this section and could later be deemed a nuisance in accordance with Chapter 9.56.
Density and Dimensions table
Department of Community Development
Planning and Environmental Programs
(360) 337-5777 (Kitsap 1)
614 Division Street - MS36Port Orchard, WA 98366
619 Division StreetPort Orchard, Washington
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Kitsap County Code