Code Interpretations and Determinations
Under Kitsap County Code, KCC 21.04.040 ‘Administration and interpretation’ the Director has the authority to provide clarity of code when requested:
Director’s Administrative Interpretation. The director may initiate a code interpretation whenever necessary and the interpretation will be made available pursuant to this chapter.
Director’s Informal Interpretation. The director may respond to informal inquiries from the public regarding code provisions in terms of applicability and interpretation prior to and outside of the context of a specific project permit application. These requests are neither subject to appeal nor binding on the department.
Director’s Formal Interpretations. Any person(s) may submit a formal request for code interpretations from the director and the interpretation will be made available by the department pursuant to this chapter. The formal director’s interpretations are binding and may be appealed. A fee shall be assessed on the hourly rate of the department and the prosecutor’s office.
Similar Use Determinations. Under KCC 17.100.040 Allowed Uses, the Director makes findings on a use that is not substantially similar to an existing use in the Zoning Use Table, KCC 17.410. The findings consider the fit of the proposed use with the Comprehensive Plan and the proposed zoning designation, impacts on the health and welfare of the public, and shared characteristics with similar existing use. If all four of the tests cannot be positively met, the use shall not be allowed. If the tests can be met, the proposed use shall follow the permitting requirements of the comparable existing use.
Permanent Record. All similar use determinations, code interpretations, and any related hearing examiner decisions shall be retained by the Kitsap County Department of Community Development. Further, they may be prioritized and considered in the next applicable code update. Determinations and interpretations shall be made available to the public and posted on the county website and shall be available for inspection.
See the Kitsap County Code for more information.
