ZONING AND DEVELOPMENT REGULATIONS
3.1 HISTORIC ZONING Ð Pre 1998 Comprehensive plan
Prior to the development of the 1998 Comprehensive Plan, the majority of properties within the Illahee Community were assigned a Òsemi-ruralÓ zoning designation. The semi-rural residential goal was ÒTo encourage quality residential development within the allowed density level which preserves the semi-rural character of the area.Ó
The policy statement read ÒMaximum allowable density for Semi-Rural areas should be three (3) units per acre.Ó The zoning ordinance goes on to note: ÒÉ these areas do not have sewers, and care must be taken to assure that only areas which can safely handle three septic tanks on an acre are built at the maximum density.Ó It goes on to state ÒIt is expected that most development in Semi-Rural areas will be at two units per acre. The Planned Unit Development process will allow builders to design developments which are more tailored to the site, more likely to preserve open space, and more likely to protect the Semi-Rural areaÕs special character.Ó
There were four building zoning designations: Residential R-2 (2 homes per acre) for portions of the area east of Sunset, Residential R-3 (3 homes per acre) for the bulk of the area, Residential R-5 (5 homes per acre) for the area south of Sylvan Way, and Business General (BG) for the area along the Wheaton Way. The densities and minimum lot sizes are shown in Table 3-1.
Table 3-1. Historic Zoning Densities and Lot Sizes |
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Zone |
Maximum Density |
Minimum Lot Size |
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Residential R-2 |
2 Dwelling Units/1 Acre |
~0.50 acre (20,000 sq. ft.) |
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Residential R-3 |
3 Dwelling Units/1 Acre |
~0.33 acre (12,500 sq. ft.) |
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Residential R-5 |
5 Dwelling Units/1 Acre |
~0.20 acre (7,000 sq. ft.) |
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Business General BG |
NA |
NA |
The Illahee Community was semi-rural by early historical actions and by near term design, and was nearly at build out conditions prior to the 1998 Comprehensive Plan. The area has clearly been planned with an emphasis to Òpreserve open spaceÓ and to Òprotect the Semi-Rural areaÕs special characterÓ.
Figure 3.1
3.2 1998 Comprehensive plan zoning
With the advent of the 1998 Comprehensive Plan properties within the Illahee Community were assigned urban zoning designations. These urban designations were primarily Urban Low Density (5-9 homes per acre) and Urban Restricted (1-5 homes per acre) for those with critical areas. Along the Wheaton Way corridor a commercial zoning designation continued. The densities and minimum lot sizes of these designations are shown in Table 3-2.
Table 3-2. 1998 Comp Plan Zoning Densities and Lot Sizes |
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Zone |
Density |
Minimum Lot Size |
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Urban Restricted |
1-5 Dwelling Units/1 Acre |
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Urban Low Residential |
5-9 Dwelling Units/1 Acre |
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Urban Medium Residential |
10-18 Dwelling Unit/1 Acre |
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Urban Commercial |
N/A |
N/A |
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Neighborhood Commercial |
N/A |
N/A |
The replacement of the semi-rural zoning classifications with urban zoning designations reflected the general consensus that someday the city of Bremerton would move its Urban Growth Boundary north to meet up with the eventual city of Silverdale. The thinking seemed to be that the entire area between the two cities should become an urban area. This Òblanket zoningÓ or Òbroad brushÓ thinking at the time failed to consider the unique open space and historic community of Illahee.
3.3 RESIDENTIAL ZONING
The Illahee Community is requesting two community residential designations which would replace the present Urban Restricted areas and portions of the present Urban Low Residential designations. We envision these new zoning titles would be called ÒIllahee Community Low ResidentialÓ and ÒIllahee Community ResidentialÓ, in accordance with previous subarea zoning designation. Note that the Illahee Community Residential designation matches the previous Urban Low Residential designation assigned as part of the 1998 Comprehensive Plan, and therefore results in only a name change in the designation since those areas are already served by sewers.
Illahee Community Low Residential (ICLR)
This designation is applied to areas within historic Illahee. This area runs from the area south of Illahee State Park, along the water to the University Point area, and inland taking in the bulk of the Illahee Creek watershed.
Table 3-3. Illahee Community Residential Zoning Densities and Lot Sizes |
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Zone |
Maximum Density |
Minimum Lot Size |
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Illahee Community Low Residential (ICLR 1-4) |
4 Dwelling Units/1 Acre |
~0.25 acre (10,890 sq. ft.) |
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Illahee Community Residential (ICR 5-9)_ |
9 Dwelling Units/1 Acre |
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There are no standard uniform lot sizes, except for a few small subdivisions, in this entire area, primarily because of the steep slopes and the over one hundred years for the area to develop. In the area above the Illahee Community Dock, an area where the original platting of parcels has been most dense, purchases often involved multiples of the smaller platted lots. This has resulted in varying sized lots with the smallest averaging approximately 0.25 acres (8,400 square feet) and the larger lots approaching and exceeding one acre. There are several small farm areas within the area with the largest approximately 30 acres, which also has a branch of Illahee Creek running through it. There are a number of horse farms, a lama farm, and a sheep farm in these larger sized plots.
The current minimum lot size requirement for areas without sewers is 12,500 square feet (or approximately a third of an acre) which provides sufficient area for a primary and reserve drain field. The majority of lots within the historic Illahee area are in the general range from one quarter acre to one half acre, and average out to approximately one third acre.
Nonconforming Lots
Lots currently exist within the Illahee Community that do not meet the minimum requirements of these residential zones. These lots are considered nonconforming and are addressed as follows:
Nonconforming Lots in Single Ownership. If a single lot of record, legally created before the adoption of the Illahee Community Plan, is less than 12,500 square feet in size or does not meet dimensional requirements of its zone, said lot may be occupied by any use permitted within its zone subject to all other requirements of this Plan.
Nonconforming Lots in Common Ownership. If there are contiguous lots of record held in common ownership, each legally created before adoption of the Illahee Community Plan, and one or more of these lots is less than 12,500 square feet in size or does not meet the dimensional requirements of its zone, said lots shall be combined to meet these minimum lot requirements. After the adoption of this Plan, lots sold and taken out of common ownership will not be eligible for the single ownership regulations of this Plan.
Goals and Policies
Goal 3.3-1 Protect and enhance the semi-rural character of Illahee where there the supporting infrastructure, primarily sewers, is lacking.
Goal 3.3-2 Provide zoning that is consistent with IllaheeÕs historic past and existing built out environment.
3.4 MIXED (COMMERCIAL & HIGH DENSITY RESIDENTIAL) ZONING
Illahee Community Mixed (ICM)
This designation is applied to areas where mixed high density residential and commercial development has occurred and/or where future development is acceptable. The mixed uses in this zone are of medium to high intensity and are consistent with the Commercial (C) and higher density residential land use designations in the Comprehensive Plan.
Table 3-4. Illahee Community Mixed Zoning |
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Zone |
Maximum Density |
Minimum Lot Size |
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Illahee Community Mixed (ICM) |
NA |
NA |
To encourage multi-story mixed-use development, the height restriction on commercial or mixed-use properties within this zone was not set to encourage higher densities per acre of land.
To accommodate properties in this zone with existing residential-only uses, such properties will be allowed to rebuild, remodel or add on.
Goals and Policies
Goal 3.4-1 Promote the establishment of an Illahee Community Mixed Commercial and High Density Residential Zone.
Policy 3.4-1 Use this zoning designation to promote high density housing for low income residents or senior citizens in places where sewers and transportation infrastructure already exist, and where available active use open space or parks are nearby.
Policy 3.4-2 Use this zoning designation to promote high density commercial uses that would support high density housing complexes.
Goal 3.4-2 Encourage mixed-use development within the commercial zone.
Policy 3.4-3 Modify County parking requirements to levels appropriate for the Illahee Community.
Policy 3.4-4 Encourage the development of design standards for the Illahee Community Commercial zone.
Policy 3.4-5 Allow structures within the Illahee Community Commercial zone to achieve a height of 35 feet.
3.5 VIEW PROTECTION
One of IllaheeÕs unique features is its expansive views of many scenic areas. From many properties in Illahee, views of Mt. Rainier, the Cascade Mountain Range, Puget Sound and the Seattle skyline are clearly visible. These views are of great value and importance to the Illahee community. These views have been impacted over the years by new building construction and the growth of view-obstructing vegetation. In an effort to reduce the future impacts of these obstructions, the Plan proposes regulations restricting the height of new residential construction and restricts the planting of row trees and other vegetation in a way that will significantly impact existing views.
View Protection Overlay Zone
Within the Illahee Community Boundary, a View Protection Overlay Zone (VPOZ) would be established. Contained within this Zone are all east slope properties between the water and the north-south ridge. The following regulations will only apply to the residentially zoned properties located within the VPOZ.
Height Restrictions
In the past, many lots in Illahee have had their views significantly impacted by construction built to the CountyÕs existing 35-foot height restriction. These impacts have been exacerbated by property owners building at their propertiesÕ highest points. Adjacent neighbors have had their views blocked, often in their entirety, by this kind of construction. This plan would impose a lower height restriction while encouraging property owners to build as far down their slope as possible.
The maximum height of all new construction would be reduced from 35 feet to 28 feet measured from the mid-slope point of the propertyÕs buildible area to the highest point of the structure. This restriction would apply to new construction as well as additions and remodels to existing structures.
The further property owners build down the slope, the higher their structures can be while maintaining the 28-foot restriction. The opposite is also true; the further upslope property owners build the lower their structures must be to meet the restriction.
While this regulation will not remove all instances of new structures blocking existing views, it will reduce their frequency.
Vegetation Restrictions
While new construction usually only impacts adjacent properties, the impacts of certain kinds of vegetation are often much greater. Many trees and large shrubs can grow significantly higher, blocking the views of numerous property owners upslope. The impact is heightened when these trees and shrubs are planted in rows. But, while these trees obstruct views, they also provide significant wildlife habitat and reduce storm water volumes.
To balance these issues, the Plan sets a vegetation restriction on row trees and shrubs. After the adoption of the Plan, newly planted row trees (three or more) and shrubbery such as hedges may not be maintained in a way that significantly impacts existing views from neighboring properties. All existing vegetation is exempt from this restriction.
While this regulation will not remove all instances of new vegetation blocking existing views, it will reduce their frequency.
Goals and Policies
Goal 3.5-1 Protect IllaheeÕs existing views of Mt. Rainier, the Cascade Mountain Range, Puget Sound and the Seattle skyline.
Policy 3.5-1 Establish a View Protection Overlay Zone for the Illahee Community.
Goal 3.5-2 Encourage development that creates the least impact to existing views.
Policy 3.5-2 Establish a maximum structure height for residential development within the View Protection Overlay Zone. A structureÕs height will be measured from the mid slope of a propertyÕs buildible area to encourage development down slope.
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