Chapter 20.60
LOW DENSITY RESIDENTIAL (R-10)
Sections:
20.60.060 DEVELOPMENT STANDARDS.
20.60.065 ALLOWABLE DENSITY AND LOT AREA.
20.60.080 OFF-STREET PARKING REQUIREMENTS.
20.60.090 LANDSCAPING REQUIREMENTS.
20.60.010 INTENT.
The intent of the low density residential (R-10) zoning district is to accommodate single-family housing by infilling at a range of lot sizes consistent with urban growth patterns. Some attached single-family housing, duplexes and townhouses may be appropriate when responding to sensitive areas or with innovative design. Residential development at higher densities is encouraged at the edge of designated centers. (Ord. 5364 §12, 2018: Ord. 5301 §3 (Exh. B) (part), 2016: Ord. 4950 §8 (Exh. A) (part), 2005)
20.60.020 PERMITTED USES.
Only one (1) principal use shall be allowed on each residentially zoned lot unless allowed for otherwise by law. This limitation shall not include permitted accessory uses associated with a permitted principal use.
The following uses are permitted outright:
(a) Cemetery;
(b) Colocation of wireless communications per BMC 20.46.140;
(c) Community facilities of twenty thousand (20,000) square feet gross floor area or less;
(d) Day care facility of twelve (12) or fewer persons receiving care;
(e) Education and schools (K-12) of twelve (12) or fewer students;
(f) Foster home;
(g) Group residential home;
(h) Manufactured home per BMC 20.46.040;
(i) Parks, playgrounds and open space equal or less than one-half (0.5) acre (twenty-one thousand seven hundred eighty (21,780) square feet);
(j) Residential Uses.
(1) Single-unit dwelling unit, detached;
(2) Single-unit dwelling unit, attached (zero (0) lot lines) per BMC 20.60.060(b);
(3) Duplex;
(4) Townhouse;
(5) Cottage housing development of three (3) or less dwelling units (meeting the provisions of BMC 20.60.040(n), except that no conditional use permit is required);
(k) Worship and religious facilities of twenty thousand (20,000) square feet gross floor area or less;
(l) Incubator for business associated with a worship and religious facility or community facility, provided the following conditions are met:
(1) The incubated business is a use that is permitted outright in the neighborhood business zone, BMC 20.82.020;
(2) Landscaping and signage requirements of the neighborhood business zone, Chapter 20.82 BMC, shall be met; and
(3) The parcel upon which the incubated business is situated shall have frontage on an arterial street. (Ord. 5458 §6, 2022; Ord. 5364 §13, 2018: Ord. 5301 §3 (Exh. B) (part), 2016: Ord. 4977 §9, 2006: Ord. 4950 §8 (Exh. A) (part), 2005)
20.60.030 ACCESSORY USES.
The following accessory uses may be permitted when found in connection with a principal use:
(a) Attached or detached accessory dwelling unit per BMC 20.46.010;
(b) Detached garage, carport, and parking facilities for the residents of the property;
(c) Home occupation per BMC 20.46.030;
(d) Other necessary and customary uses determined by the Director to be appropriate, incidental and subordinate;
(e) Playhouses, patios, cabanas, porches, gazebos, swimming pools and incidental household storage buildings. (Ord. 5301 §3 (Exh. B) (part), 2016: Ord. 4950 §8 (Exh. A) (part), 2005)
20.60.040 CONDITIONAL USES.
The following uses may be permitted, provided a conditional use permit is approved pursuant to BMC 20.58.020 subject to the corresponding conditions:
(a) Bed and breakfast, provided:
(1) The operators of the business shall occupy the house as their primary residence;
(2) No more than one (1) full-time equivalent (FTE) employee who is not a resident of the dwelling may be employed;
(3) No more than six (6) bedrooms are made available for rent to guests and all guest rooms are contained within the principal structure;
(4) Two (2) off-street parking spaces, plus one (1) off-street parking space per each guest bedroom, are required;
(5) Off-street parking spaces may be reduced, provided the applicant can demonstrate parking will not spill over into nearby residential properties and any streets;
(6) Rooms shall not be made available to guests for more than fourteen (14) days during any thirty (30) day period;
(7) No commercial receptions, parties, or other public gatherings, or serving of meals to nonresident guests for compensation, are allowed; and
(8) Any remodeling of the residential structure shall maintain the residential nature of the structure and not alter the structure in such a manner that would prevent it from being used as a residence in the future.
(b) Group residential facilities - Class I, provided:
(1) All state licensing requirements are satisfied;
(2) Minimum setbacks, height and lot coverage of the underlying zone shall apply;
(3) Off-street parking shall be at a minimum of one (1) space per each employee during the peak shift, plus one (1) space per two (2) residents the facility will provide service to;
(4) If counseling services are provided to nonresidents, additional parking spaces are required at one (1) per three hundred (300) square feet of gross floor area used for counseling services;
(5) The number of required off-street parking spaces may be reduced, provided the applicant can demonstrate that parking will not spill over into nearby residential properties and any streets; and
(6) Landscaping is provided meeting the minimum requirements for nonresidential uses prescribed in Chapter 20.50 BMC. Additional landscaping for screening purposes may be required if it is found necessary to mitigate any impacts to adjoining residential properties.
(c) Senior housing complex, provided the following conditions are satisfied:
(1) Minimum site area shall be no less than two (2) acres;
(2) Minimum setbacks, density, height and lot coverage of the underlying zone shall apply;
(3) Off-street parking shall be a minimum one (1) space per dwelling;
(4) Except for a community building/clubhouse for the exclusive use of complex residents, all accessory uses shall be located within a structure containing residential units;
(5) Attached or detached structure types are permitted and dwelling units may be owned by individuals or occupied as rentals;
(6) Access to alternative transportation such as public transit or on-site shuttle services to access daily goods or services shall be provided; and
(7) A management agreement or covenants on individual properties to maintain the complex as a senior citizen complex shall be recorded with the Kitsap County Auditor’s office.
(d) Nursing/convalescent homes, provided:
(1) All state licensing requirements are satisfied;
(2) Minimum site area shall be no less than one (1) acre;
(3) Minimum setbacks, height and lot coverage of the underlying zone shall apply;
(4) Off-street parking shall be a minimum of one (1) space per six hundred (600) square feet of gross floor area;
(5) The number of required off-street parking spaces may be reduced, provided the applicant can demonstrate that parking will not spill over into nearby residential properties and any streets; and
(6) Landscaping is provided meeting the minimum requirements for nonresidential uses prescribed in Chapter 20.50 BMC. Additional landscaping for screening purposes may be required if it is found necessary to mitigate any impacts to adjoining residential properties.
(e) Day care facilities (thirteen (13) or more persons receiving care), provided:
(1) All state licensing requirements are satisfied;
(2) Off-street parking shall be a minimum one (1) space per each five (5) children based on the state license maximum occupancy load;
(3) One (1) loading/unloading space without backup is required for the first twenty (20) children and one (1) additional space for up to each additional twenty (20) children;
(4) The number of required off-street parking spaces may be reduced, provided the applicant can demonstrate that parking will not spill over into nearby residential properties and any streets;
(5) Landscaping is provided meeting the minimum requirements for nonresidential uses prescribed in Chapter 20.50 BMC. Additional landscaping for screening purposes may be required if it is found necessary to mitigate any impacts to adjoining residential properties; and
(6) The maximum height of a fence or wall within a front yard setback may be increased up to six (6) feet, provided it enhances safety and security of an outdoor play area.
(f) Adaptive reuse of commercial buildings, provided the conditions set forth in BMC 20.46.070 are satisfied.
(g) Manufactured home park or expansion of existing parks, provided:
(1) It is exempt pursuant to RCW 58.17.040 from requirements for property segregation;
(2) The minimum site size shall be five (5) acres;
(3) Density shall meet the underlying zone;
(4) Adequate water, sewer, and utility services are available to all building sites;
(5) A fire protection system meeting the requirements of the City Fire Marshal is provided;
(6) Interior circulation shall meet the City Engineer road standards plus the following standards:
(i) All interior circulation routes shall be constructed within a tract or easement;
(ii) Roads and driveways shall be paved;
(iii) The City Fire Marshal and City Engineer shall approve all fire turnarounds;
(7) The following setbacks shall apply to manufactured homes or mobile homes, together with their additions and appurtenant structures, accessory structures, and other structures on the site (excluding fences), excluding any hitch or towing fixture:
(i) From interior roads, at least fifteen (15) feet from centerline of the tract or easement, but in no case shall the setback be less than five (5) feet from the paved surfaced edge;
(ii) Structures near the perimeter lot lines of the property shall comply with the setbacks of the underlying zone;
(iii) A minimum of ten (10) foot separation between all manufactured homes;
(8) Off-street parking spaces shall be provided in the following manner:
(i) One (1) parking space per home site; plus
(ii) One (1) parking space for each five (5) home sites for guest parking; plus
(iii) Additional parking spaces to provide for the parking needs of offices, community buildings, recreational facilities, or other uses within the park that may be used by park residents or others;
(9) Outside storage of vessels (boats), household items and equipment is prohibited, except a common central storage area may be provided for residents of the park. The storage area shall be screened by a minimum five (5) foot high by five (5) foot wide sight-obscuring barrier consisting of landscaping and fencing or wall, and shall meet minimum setbacks of the underlying zone;
(10) Ten (10) percent of the site shall be maintained as common recreational open space for the use of residents and:
(i) May include community areas and facilities such as playgrounds, swimming pools, and hobby and craft shops;
(ii) However, it shall not include required landscaping areas, perimeter setback areas, parking areas, storage areas, building separation areas or other areas deemed impractical by the Director for the recreational enjoyment of the residents;
(11) Trees meeting the standards set forth in Chapter 20.50 BMC shall be provided along all property lines abutting a residential zone and public streets. Exceptions for trees may be allowed when a property line abuts an alley or is obstructed by a building or other structure;
(12) Adequate lighting to illuminate streets, driveways, and walkways for the safe movement of pedestrians and vehicles is required; and
(13) All water, sewer, electrical, and communication service lines shall be underground.
(h) Worship, religious, and community facilities greater than twenty thousand (20,000) square feet, provided:
(1) The site area shall be one (1) acre or more; and
(2) Landscaping is provided meeting the minimum requirements for nonresidential uses prescribed in Chapter 20.50 BMC. Additional landscaping for screening purposes may be required if it is found necessary to mitigate any impacts to adjoining residential properties.
(i) Golf course, provided:
(1) A site plan review and a site development permit are approved pursuant to Chapter 20.58 BMC;
(2) Through the conditional use permit, modifications to parking and landscaping may be allowed in order to facilitate good design;
(3) Other conditions are applied as deemed necessary to mitigate impacts to nearby residential properties and ensure compatibility with the neighborhood.
(j) Schools, parks and associated uses may be approved in accordance with the following:
(1) The following uses are permitted through approval of a conditional use permit:
(i) All public schools and associated gymnasiums and auditoriums;
(ii) Private schools (K-12) with thirteen (13) or more students;
(iii) Parks and playgrounds greater than one-half (1/2) acre;
(iv) Outdoor athletic fields;
(v) Boat launching and related facilities;
(vi) Maintenance and service yards;
(vii) Bus and other vehicle and equipment maintenance and storage facilities;
(viii) Administrative office related to the facilities greater than two thousand (2,000) square feet gross floor area;
(ix) Buildings and structures for nonprofit groups on public lands;
(2) Uses permitted pursuant to subsection (j)(1) of this section shall be subject to complying with the following conditions:
(i) Front, side and rear yard setbacks of structures and outdoor storage areas shall be at least thirty (30) feet;
(ii) Setbacks may be reduced for those portions of a structure fronting interior streets;
(iii) The maximum height for any new construction may be increased to match the architecture of existing buildings; provided, that it is set back an additional foot from any property line for each additional foot of allowed height, and in no case shall the new construction exceed forty-five (45) feet;
(iv) Landscaping is provided meeting the minimum requirements for nonresidential uses prescribed in Chapter 20.50 BMC. Additional landscaping for screening purposes may be required if it is found necessary to mitigate any impacts to adjoining residential properties;
(v) Additional measures may be required if deemed necessary to mitigate any noise impacts to adjacent residential uses; and
(vi) The maximum height of a fence or wall within a front yard setback may be increased to six (6) feet, provided it enhances safety and security around an outdoor play area.
(k) Public utility facilities located above ground, provided:
(1) Landscaping is provided meeting the minimum requirements for nonresidential uses prescribed in Chapter 20.50 BMC. Additional landscaping for screening purposes may be required if it is found necessary to mitigate any impacts to adjoining residential properties;
(2) The maximum height of a fence or wall may be increased within a front yard setback that will provide screening from adjacent uses and enhance safety and security around the facility; and
(3) Exceptions to setbacks may be allowed if the applicant can demonstrate that the public interest is better served by allowing the modification.
(l) Law enforcement and fire facilities, provided:
(1) Landscaping is provided meeting the minimum requirements for nonresidential uses prescribed in Chapter 20.50 BMC. Additional landscaping for screening purposes may be required if it is found necessary to mitigate any impacts to adjoining residential properties.
(2) The maximum height of a fence or wall may be increased within a front yard setback that will provide screening from adjacent uses and enhance safety and security around the facility.
(m) Mineral resource extraction per BMC 20.46.080, provided:
(1) The site is located within a mineral resource overlay.
(n) Cottage housing development consisting of four (4) or more dwellings may be approved in accordance with the following:
(1) Orientation. Lot orientation shall be in accordance with the following standards:
(i) All units with primary street frontage shall first be oriented towards the street, otherwise the common open space shall act as the street front and all units shall be oriented towards the common open space.
(ii) Dwellings within a cottage housing development should be broken up into groups of no more than twelve (12) dwellings arranged around a common open space. The applicant shall demonstrate all efforts have been made to link housing clusters by ADA accessible paths and shared parking.
(2) Open Space. The following open space requirements apply to all proposals regardless of number of units:
(i) A minimum of four hundred (400) square feet of common open space is required per dwelling unit.
(ii) Parking areas, setbacks, spaces between buildings of ten (10) feet or less in width and driveways shall not count as common open space.
(3) Parking. Off-street parking shall be provided in accordance with the requirements set forth in Chapter 20.48 BMC, and the following criteria:
(i) One and one-half (1.5) parking spaces are required for each dwelling unit.
(ii) All parking areas and vehicle circulation shall be consolidated to the degree feasible.
(iii) Parking areas serving more than one (1) dwelling unit shall not be located on a primary street frontage and should be located off an alley or a secondary street.
(iv) Garages and carports shall be oriented so that vehicle entrances are located off an alley or private parking area. All efforts shall be made to not orient vehicle entrances toward a primary frontage.
(4) Design Standards.
(i) Nonresidential Structures. Accessory structures and attached garages shall meet design standards per BMC 20.60.060(d), and the combined gross square feet of all accessory structures shall not exceed eighty (80) percent of the combined footprint of all on-site residential structures.
(ii) All dwellings shall include a covered front porch that is integrated with the structure’s architecture. The minimum porch depth shall be six (6) feet, with a minimum width of ten (10) feet. This area shall not be included in dwelling gross square feet, but may be included in required open space area.
(5) Nonconformities. An existing detached single-family residential structure, which may be nonconforming with respect to the standards of this section, shall be permitted to remain, but the extent of the nonconformity may not be increased. Such nonconforming dwelling units shall be included in the maximum permitted cottage density. (Ord. 5458 §7, 2022; Ord. 5301 §3 (Exh. B) (part), 2016: Ord. 5111 §3, 2010: Ord. 4977 §10, 2006: Ord. 4971 §15, 2006; Ord. 4950 §8 (Exh. A) (part), 2005)
20.60.060 DEVELOPMENT STANDARDS.
(a) Lot Standards. Lot development requirements shall be in accordance with this section and the following standards unless allowed for by law otherwise:
(1) Setbacks.
(i) Minimum front yard setback is fifteen (15) feet;
(ii) Minimum side yard setback is five (5) feet;
(iii) Minimum rear yard setback is fifteen (15) feet.
(2) Maximum structure height is thirty-five (35) feet.
(3) Maximum structure height in (R-10) areas within the downtown regional center shall be pursuant to Figure 20.74(a) and shall supersede subsection (a)(2) of this section.
(4) Minimum lot width is thirty (30) feet.
(5) Maximum development coverage is sixty (60) percent.
(b) Zero (0) Lot Line (ZLL) Development. An attached single-family dwelling and/or garage structure may have a single shared side or rear lot line, and a setback reduced to zero (0), provided the structure complies with building code fire separation requirements.
(c) Accessory Structures. The following standards shall apply but are not limited to: garages, carports, shops, barns, covered patios, cabanas, gazebos, and incidental household storage buildings, excluding accessory dwelling units per BMC 20.46.010 and structures not requiring a building permit:
(1) The maximum area for all accessory structures shall be eighty (80) percent of the principal residential use not to exceed one thousand two hundred (1,200) square feet.
(2) Setbacks of detached accessory structures are pursuant to BMC 20.44.060.
(d) Garages, Storage Buildings and Shops.
(1) Any garage, storage building or shop structure shall be designed so that the appearance of the building remains that of a single-family residence including the following:
(i) Constructed of similar materials as the principal unit;
(ii) A roof of equal or greater pitch as the principal unit;
(iii) A height no more than twenty-five (25) percent greater than the principal unit not to exceed thirty-five (35) feet.
(2) Any garage, storage building, or shop may be exempt from the accessory structure size requirements provided it is contained within the principal unit.
(3) Garage, Carport, and Shop Vehicle Entrance Setbacks. When the vehicle entrance faces the street, the garage, carport, or shop shall have a front yard setback of at least twenty (20) feet, except as provided in BMC 20.44.020 (Traditional front yard).
(e) Lot Area for Parks and Schools. Parks and schools may exceed maximum lot area requirements if approved by a conditional use permit. (Ord. 5458 §8, 2022; Ord. 5364 §14, 2018: Ord. 5301 §3 (Exh. B) (part), 2016: Ord. 5008 §7, 2007: Ord. 4950 §8 (Exh. A) (part), 2005)
20.60.065 ALLOWABLE DENSITY AND LOT AREA.
The purpose of this section is to establish compatible levels of density within existing neighborhoods. The intent is to allow infill residential development. The following density and lot area standards are applicable to development within the zone:
(a) Minimum Density. The minimum required density is six (6) dwellings per acre.
(b) Maximum Density. The maximum allowed density is ten (10) dwellings per acre.
(c) Maximum Lot Area. The maximum lot area is seven thousand two hundred sixty (7,260) square feet, with the following exceptions:
(1) The lot area may be modified through the approval of a residential cluster development pursuant to BMC 20.58.060;
(2) One (1) lot within a proposal for a division of land may exceed seven thousand two hundred sixty (7,260) square feet, provided the remaining lots do not exceed the seven thousand two hundred sixty (7,260) square foot maximum lot size; and
(3) A flag lot that complies with the requirements in BMC 20.44.100 may exceed seven thousand two hundred sixty (7,260) square feet, provided the total area of the flag lot does not exceed ten thousand eight hundred ninety (10,890) square feet.
(d) Minimum Lot Area. The minimum allowed lot area is four thousand three hundred (4,300) square feet.
(e) Exception to Minimum Lot Areas.
(1) The minimum lot area may be modified through the approval of a residential cluster development pursuant to BMC 20.58.060, provided the development complies with the maximum density requirement set forth in subsection (b) of this section.
(2) When a new subdivision is proposed, the size of lots in land division may be reduced below the minimum lot size provided all the following are met:
(i) The overall average of the proposed lots does not exceed the permissible maximum density.
(ii) All lots that are smaller than the minimum lot size shall demonstrate that they are developable by showing code compliance with such items as required parking, lot coverage, setbacks, stormwater compliance, etc.
(iii) The platting documents shall include documentation of allowed uses and language that ensures maximum density is not exceeded.
(iv) If the land division is submitted in phases of development, each phase submitted for approval shall meet these provisions. (Ord. 5422 §4, 2021; Ord. 5404 §2, 2020: Ord. 5301 §3 (Exh. B) (part), 2016: Ord. 5008 §8, 2007: Ord. 4972 §1, 2006; Ord. 4971 §16, 2006: Ord. 4950 §8 (Exh. A) (part), 2005)
20.60.080 OFF-STREET PARKING REQUIREMENTS.
Off-street parking shall be provided in accordance with the requirements set forth in Chapter 20.48 BMC. (Ord. 5301 §3 (Exh. B) (part), 2016: Ord. 4950 §8 (Exh. A) (part), 2005)
20.60.090 LANDSCAPING REQUIREMENTS.
Landscaping shall be provided in accordance with the requirements set forth in Chapter 20.50 BMC. (Ord. 5301 §3 (Exh. B) (part), 2016: Ord. 4950 §8 (Exh. A) (part), 2005)
20.60.100 SIGN STANDARDS.
Signs shall meet the standards of Chapter 20.52 BMC and the following:
(a) One (1) sign with a sign area of up to eight (8) square feet may be allowed to advertise a permitted bed and breakfast, provided it matches the architectural features of the primary residence.
(b) For a home occupation sign, the residential district sign regulations in BMC 20.52.120 shall apply.
(c) When an established business use is located in the low density residential zone, the special purpose sign regulations in BMC 20.52.130 shall apply. (Ord. 5301 §3 (Exh. B) (part), 2016: Ord. 5008 §9, 2007: Ord. 4971 §17, 2006; Ord. 4950 §8 (Exh. A) (part), 2005)