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Kitsap County, WA Accessory Structures: ADU Owner Occupancy (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Who must live on-site
Owner must occupy primary residence or the ADU
Applies to
Detached ADUs outside an urban growth area only
Units per lot
Only one ADU allowed per lot
Size cap
900 sq ft or 50% of home's habitable area, smaller
Legalization path
Type II permit under Chapter 21.04 for unpermitted units
Enforcing office
Kitsap County Department of Community Development
Last amended
Ordinance 611 (2022) § 185

Summary

Outside an urban growth area, a detached accessory dwelling unit on unincorporated Kitsap County land is only legal if the property owner lives in either the main house or the ADU. Only one ADU is allowed per lot, and it is capped at 900 square feet or half the primary home's habitable area, whichever is smaller.

These county ordinances apply to unincorporated areas of Kitsap County. Incorporated cities within the county may have their own rules that take precedence over county-level regulations.

B. In order to encourage the provision of affordable housing, an accessory dwelling unit (ADU), detached, located outside an urban growth area shall meet the following criteria: 1. Only one ADU shall be allowed per lot; 2. Owner of the property must reside in either the primary residence or the ADU; 3. The ADU shall not exceed fifty percent of the square footage of the habitable area of the primary residence or nine hundred square feet, whichever is smaller. Dimensions are determined by interior measurements;

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: rev 4864424; v0 updated 2025-12-08; through 12-08-2025).

Full Breakdown

010, which allows up to two ADUs per lot capped at 1,000 square feet with no owner-occupancy requirement. Outside a UGA, subsection (B)(2) requires that the owner of the property reside in either the primary residence or the ADU; the county pairs that with a one-ADU-per-lot cap in (B)(1) and a size cap in (B)(3) of fifty percent of the primary residence's habitable area or nine hundred square feet, whichever is smaller, measured by interior dimensions. The ADU must meet applicable health district standards for water and sewage disposal under (B)(7), all zone setbacks under (B)(6), and cannot be a mobile home or recreational vehicle under (B)(8).

It must share the same side-street entrance as the primary residence and add off-street parking under (B)(9), and a lot cannot carry both a detached ADU and an attached ADU (ADU-A) at the same time under (B)(10). 10, and documenting they did not build the unit, did not own the property when it was built, and exercised due diligence before buying. This section was last amended by Ordinance 611 (2022) § 185.

Violations & Fines

A detached ADU outside a UGA where the owner lives off-site, where a second detached ADU sits on the same lot, or where the unit exceeds the 900-square-foot/50%-of-habitable-area cap does not meet § 17.415.015(B) and cannot be permitted as submitted. An ADU built without review is an unpermitted structure; the owner must either bring it into compliance or, if it qualifies under (B)(11), file a Type II permit application with the Department of Community Development, pay the resolution-set fee plus any notification and reinspection costs, and record a land use permit binder with the county auditor once approved, or the unit remains a code violation subject to enforcement.

Frequently Asked Questions

Must I personally live in the ADU to build one outside a UGA?
No, but someone with an ownership interest in the property must live in either the primary residence or the ADU under § 17.415.015(B)(2). Renting out both the main house and the detached ADU to non-owner tenants at the same time does not satisfy this rural owner-occupancy requirement.
How big can a detached ADU be outside a Kitsap County UGA?
It cannot exceed fifty percent of the primary residence's habitable area or nine hundred square feet, whichever is smaller, measured by interior dimensions under § 17.415.015(B)(3). This is a tighter cap than the 1,000-square-foot limit that applies to ADUs built inside an urban growth area under § 17.415.010.
What if I already built an ADU outside a UGA without a permit?
Section 17.415.015(B)(11) lets qualifying owners apply to legalize an existing unpermitted ADU as a Type II permit through the Department of Community Development, provided they didn't build it, didn't own the property when it was built, and can document due diligence such as a clean title report and no notice of the ADU on tax records.

Sources & Official References

Other rules in Kitsap County

All Kitsap County rules

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