Mineral Resource Overlay

Quick Reference Guide

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. The tables below do not include prohibited uses. 

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.

​   Purpose:

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)

    Special standards or requirements.

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.

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

   Information on plans and in specifications.

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.

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

   Land restoration

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.

   Transition of uses from mineral resource and removal of the mineral resource overlay

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.

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

   Special Provisions

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.

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

Classification of zones

​Comprehensive Plan Land Use Designation

​​Zone Classification

​Map Symbol

​​Minimum Density

Maximum Densit​y

Mineral Resource OverlayMineral Resource Overlay​MRONA​0

Allowed primary agricultural uses and accessory agricultural uses or agritourism are defined by the Agricultural Code

Links to zoning:

Forest Resource Lands
Industrial
Rural Protection
Rural Residential
Rural Wooded
Twelve Trees Employment Center
Urban Restricted

Allowed Uses and Density and Dimensions Table

Please note that the tables below only include what is allowed in the corresponding zone and does not include prohibited uses.

Use Table - Permitted Use (P) = This table shows allowed uses that are permitted within the zone with the appropriate permit from the Department of Community Development (DCD). Click here to explore DCD project/permit types.

Use Table - Administrative Conditional Use Permit (ACUP) = This table shows the allowed uses that are permitted within this zone, but will require an Administrative Conditional Use Permit (ACUP).

Use Table - Hearing Examiner Conditional Use Permit (C) =  This table shows the allowed uses that are permitted within this zone, but you will be required to apply for an Conditional Use Permit (CUP) to establish conditions to protect public health, safety and welfare and subject to approval by the hearing examiner.

   Use Table - Permitted Use (P)

RESIDENTIAL USES

Footnotes

​Accessory use or structure
(1) Where applicable subject to Section 17.410.060, Provisions applying to special uses.

(18) 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.

(51) 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 Section17.105.090(I).
​Dwelling, existing

COMMERCIAL USES

​Footnotes

Accessory use or structure
(1) Where applicable subject to Section 17.410.060, Provisions applying to special uses.

(53) Commercial or industrial uses otherwise prohibited in the zone may be allowed as a component of a home business subject to the requirements of Section 17.410.060(B).

​RECREATIONAL/CULTURAL USES

​Footnotes

​Accessory use or structure

(1) Where applicable subject to Section 17.410.060, Provisions applying to special uses.

(53) Commercial or industrial uses otherwise prohibited in the zone may be allowed as a component of a home business subject to the requirements of Section 17.410.060(B).
​Parks and open space

​INSTITUTIONAL USES

Footnotes

​Accessory use or structure

(1) Where applicable subject to Section 17.410.060, Provisions applying to special uses.

(53) Commercial or industrial uses otherwise prohibited in the zone may be allowed as a component of a home business subject to the requirements of Section 17.410.060(B).

​INDUSTRIAL USES

Footnotes

​Accessory use or structure

(1) Where applicable subject to Section 17.410.060, Provisions applying to special uses.

(53) Commercial or industrial uses otherwise prohibited in the zone may be allowed as a component of a home business subject to the requirements of Section 17.410.060(B).
​Transshipment facilities, including docks, wharves, marine rails, cranes, and barge facilities

​RESOURCE LAND USES

Footnotes

​Accessory use or structure

(1) Where applicable subject to Section 17.410.060, Provisions applying to special uses.

(53) Commercial or industrial uses otherwise prohibited in the zone may be allowed as a component of a home business subject to the requirements of Section 17.410.060(B).

​Forestry


   Use Table - Administrative Conditional Use Permit (ACUP)

​INDUSTRIAL USES

Footnotes

​Contractor’s storage yard
​(21) Outdoor contractors’ storage yards 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.
​Rock crushing


   Use Table - Hearing Examiner Conditional Use Permit (C)

​RECREATIONAL/CULTURAL USES

​Footnotes

Club, civic or social
(12) All buildings and activities shall be set back a minimum of fifty feet in FRL, MRO, RW, RP, RR, RCO, RI or parks zones 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.
​Race track, minor
(12) All buildings and activities shall be set back a minimum of fifty feet in FRL, MRO, RW, RP, RR, RCO, RI or parks zones 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.

​INSTITUTIONAL USES

​Footnotes

​Public facilities and electric power and natural gas utility facilities, substations, ferry terminals, and commuter park-and-ride lots

16.    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; provided, that any permanent above-ground structures not located within a right-of-way or easement shall be subject to the review of the director. Utility transmission and distribution lines and poles may exceed the height limits otherwise provided for in this title. Water towers which exceed thirty-five feet in height, solid waste collection, transfer and/or handling sites in any zone shall be subject to a conditional use permit. These provisions do not apply to wireless communication facilities, which are specifically addressed in Chapter 17.530.

​INDUSTRIAL USES

​Footnotes

​Top soil production, stump grinding

​RESOURCE LAND USES

​​Footnotes

​Aggregate extractions sites


   Density, Dimensions and Design

Standard

Density and Dimensions table

Minimum density (du/acre)​NA
Maximum density (du/acre)​0
​(19) These zones are 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 Chapter 17.410.
Minimum lot size​20 acres
​(30) No minimum lot size if property is used only for extraction.
Maximum lot sizeNA
Minimum lot width (feet)​60
​(31) Three hundred thirty feet if activity includes any uses in Section 17.170.020.
Minimum lot depth (feet)​NA
Maximum height (feet)​NA
(40) Height limitations set forth elsewhere in this title shall not apply to the following: barns, silos, or other farm buildings and structures, provided they are not less than fifty feet from every lot line; chimneys, spires on places of worship, belfries, cupolas, domes, smokestacks, flagpoles, grain elevators, cooling towers, solar energy systems, monuments, fire house towers, masts, aerials, elevator shafts, and other similar projections; and outdoor theater screens, provided said screens contain no advertising matter other than the name of the theater. The proponent seeking exception to the height limitation shall certify that the object being considered under this provision will not shade an existing solar energy system which, by the determination of the director, contributes substantially to the space- or water-heating requirements of a building.
Maximum impervious surface coverageNA
Maximum lot coverageNA
Setbacks
(34) Development abutting a street for which a standard has been established by the Kitsap County arterial plan shall provide a special setback from the centerline of said street or a distance adequate to accommodate one-half of the right-of-way standard established by the arterial plans for the street. The building setback required by the underlying zone shall be in addition to the special setback and shall be measured from the edge of the special setback line. The special setback area shall be treated as additional required yard area and reserved for future street widening purposes.

(48) Shoreline properties are subject to Title 22 and may have additional buffers and setbacks requirements not listed in the density and dimension tables. Properties constrained by critical areas are subject to Title 19 and may have additional buffers and setbacks requirements not listed in the density and dimension tables. Cornices, canopies, eaves, belt courses, sills, bay windows, fireplaces or other similar cantilevered features may extend up to twenty-four inches into any required yard area. In no case shall a habitable area be considered for encroachment into a required yard through any land use process. Additionally, fire escapes, open/uncovered porches, balconies, landing places or outside stairways may extend up to twenty-four inches into any required side or rear yards. Open/uncovered porches, balconies, landing places, or outside stairways shall not extend more than six feet into any required front yard and shall be a minimum of five feet from the front property line.
Minimum front (feet)​NA

41. The following exceptions apply to front yard requirements for dwellings:
a.    If there are dwellings on both abutting lots with front yards less than the required depth for the zone, the front yard for the lot need not exceed the average front yard of the abutting dwellings.
b.    If there is a dwelling on one abutting lot with a front yard less than the required depth for the zone, the front yard need not exceed a depth of halfway between the depth of the front yard on the abutting lot and the required front yard depth.
c.    If a modification to the front yard requirement is necessary in order to site dwellings in a manner that maximizes solar access, the director may modify the requirement.
d.    On lots with multiple front yards, the front yard setback(s) in which the lot does not receive access may be modified by the director. Based upon topography, critical areas or other site constraints, the director may reduce these front yard setbacks to a minimum of twenty feet for properties requiring fifty feet and ten feet for properties requiring twenty feet. The director may not modify front yard setbacks from county arterials or collectors. Such reductions shall not have an adverse impact to surrounding properties.

(42) The following exceptions apply to historic lots:
a.    Building setback lines that do not meet the requirements of this title but were legally established prior to the adoption of this title shall be considered the building line for alterations, remodels, and accessory structures on the lot or parcel; providing, that no structure or portion of such addition may further project beyond the established building line.
b.    Any single-family residential lot of record as defined in Chapter 17.110 that has a smaller width or lot depth than that required by this title, or is less than one acre, may use that residential zoning classification that most closely corresponds to the dimension or dimensions of the lot of record, for the purpose of establishing setbacks from the property lines.

(43) Any structure otherwise permitted under this section may be placed on a lot or parcel within a required yard area if the director finds that such a location is necessary because existing sewer systems or roadways make compliance with the yard area requirements of this title impossible without substantial changes to the site
Maximum front (feet)​NA
Side (feet)​NA

(42) The following exceptions apply to historic lots:
a.    Building setback lines that do not meet the requirements of this title but were legally established prior to the adoption of this title shall be considered the building line for alterations, remodels, and accessory structures on the lot or parcel; providing, that no structure or portion of such addition may further project beyond the established building line.
b.    Any single-family residential lot of record as defined in Chapter 17.110 that has a smaller width or lot depth than that required by this title, or is less than one acre, may use that residential zoning classification that most closely corresponds to the dimension or dimensions of the lot of record, for the purpose of establishing setbacks from the property lines.

(43) Any structure otherwise permitted under this section may be placed on a lot or parcel within a required yard area if the director finds that such a location is necessary because existing sewer systems or roadways make compliance with the yard area requirements of this title impossible without substantial changes to the site
​Rear (feet)​NA

(42) The following exceptions apply to historic lots:
a.    Building setback lines that do not meet the requirements of this title but were legally established prior to the adoption of this title shall be considered the building line for alterations, remodels, and accessory structures on the lot or parcel; providing, that no structure or portion of such addition may further project beyond the established building line.
b.    Any single-family residential lot of record as defined in Chapter 17.110 that has a smaller width or lot depth than that required by this title, or is less than one acre, may use that residential zoning classification that most closely corresponds to the dimension or dimensions of the lot of record, for the purpose of establishing setbacks from the property lines.

(43) Any structure otherwise permitted under this section may be placed on a lot or parcel within a required yard area if the director finds that such a location is necessary because existing sewer systems or roadways make compliance with the yard area requirements of this title impossible without substantial changes to the site.















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