Chapter 17.110 DEFINITIONS

For the purpose of this title, certain terms, phrases, words and their derivatives shall be construed as specified in this section and elsewhere in this title where specific definitions are provided. Terms, phrases and words used in the singular include the plural and the plural the singular. Terms, phrases and words used in the masculine gender include the feminine and the feminine the masculine. The word “shall” is mandatory. The word “may” is discretionary. Where terms, phrases and words are not defined, they shall have their ordinary accepted meanings within the context with which they are used. The most current version of the English Webster’s Dictionary shall be considered as providing ordinary accepted meanings.

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

17.110.010 Abutting.

“Abutting” means adjoining with a common boundary line; except that where two or more lots adjoin only at a corner or corners, they shall not be considered as abutting unless the common property line between the two parcels measures ten feet or greater in a single direction. Where two or more lots are separated by a street or other public right-of-way, they shall be considered “abutting” if their boundary lines would be considered abutting if not for the separation provided by the street or right-of-way.

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

17.110.015 Access.

“Access” means the place, means, or way by which pedestrians and vehicles shall have safe, adequate, and usable ingress and egress to a property or use, as required by this title.

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

17.110.020 Accessory dwelling unit.

“Accessory dwelling unit” means separate living quarters detached from the primary residence. No mobile home or recreational vehicle shall be considered an accessory dwelling unit. This definition excludes guest houses.

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

17.110.025 Accessory living quarters.

“Accessory living quarters” means separate living quarters contained within the primary residence.

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

17.110.030 Accessory use or structure.

“Accessory use or structure” means an activity or structure that is commonly associated with but subordinate to any principal use or structure.

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

17.110.035 Adjacent.

“Adjacent” means the same as “abutting.”

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

17.110.040 Adjoining.

“Adjoining” means the same as “abutting.”

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

17.110.045 Adult family home.

“Adult family home” means a dwelling licensed pursuant to Chapter 70.128 RCW in which a person or persons provide personal care, special care, and room and board.

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

17.110.050 Reserved.

(Ord. 536 (2016) § 1 (App. A): Ord. 534 (2016) § 7(5) (App. E) (part), 2016)

17.110.055 Alley.

“Alley” means a private or public right-of-way having a typical width of at least ten feet, but generally no more than twenty feet, which affords only secondary means of access to abutting properties. Alleys are not intended for general traffic circulation.

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

17.110.057 Alternative technology.

“Alternative technology” means the use of structures, fixtures, and technology which substantially limit the visibility of wireless communication support structures and facilities. This may include, but is not limited to, use of existing utility poles, flagpoles, existing structures such as water tanks, church steeples and any other method which substantially minimizes the visual impact of wireless communication support structures and facilities. This is commonly referred to as “stealth technology.”

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

17.110.060 Animal.

“Animal” means any live vertebrate creature, reptile, amphibian or bird, except man.

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

17.110.065 Animal, small.

“Animal, small” or “small animal” means any animal other than livestock used for agricultural purposes.

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

17.110.070 Animal hospital.

“Animal hospital” means a place where animals or pets are given medical or surgical treatment, and are cared for during the time of such treatment.

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

17.110.075 Amusement center.

“Amusement center” means a commercially operated facility having one or more forms of entertainment such as a bowling alley, indoor golf driving range, merry-go-round, roller coaster, batting cages, electronic and/or video games, or miniature golf course.

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

17.110.085 Aquaculture practices.

“Aquaculture practices” means the harvest, culture or farming of cultivated food fish, shellfish or other aquatic plants and animals and includes fisheries enhancement, the mechanical harvesting of shellfish and hatchery culture, excluding traditional noncommercial shellfish harvesting.

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

17.110.087 Assembly and packaging operations.

“Assembly and packaging operations” means a facility where premanufactured components are assembled to construct a product. Products may be packaged and moved off site for wholesale or retail sale. This may include, but is not limited to, assembly and packaging of computer, electronics, office equipment, fabricated metal products, and other products.

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

17.110.090 Automobile repair.

“Automobile repair” means replacement of parts, motor service, rebuilding or reconditioning of engines, painting, upholstering, detailing, or cleaning motor vehicles, recreational vehicles or trailers.

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

17.110.095 Automobile service station.

“Automobile service station” means a building or lot having dispensers and storage tanks where fuels or oils for motor vehicles are dispensed, sold, or offered for sale. Service stations may include accessory convenience stores and minor automobile services, including car washes.

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

17.110.100 Awning.

“Awning” or “canopy” means a temporary or movable shelter (awning), or a fixed rigid shelter (canopy) supported entirely by the exterior wall of the building and generally extending over a pedestrian walkway. When used in conjunction with signs, only that portion of the awning or canopy that is actually used as a sign shall be included in sign area calculations. Lighting of the awning or canopy, whether directly, indirectly, or by backlighting, shall have no effect on the sign requirements, unless lighted signs are specifically prohibited in that area or zone.

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

17.110.105 Bed and breakfast house.

“Bed and breakfast house” means a dwelling or separate structure which is used by the owner or primary resident to provide overnight guest lodging for compensation including not more than ten guest rooms and which usually provides a morning meal as part of the room rate structure.

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

17.110.107 Bioretention facilities.

“Bioretention facilities” means engineered facilities that treat storm water by passing it through a specified soil profile, and either retain or detain the treated storm water for flow attenuation. Refer to the Stormwater Management Manual for Western Washington (Ecology Manual), Chapter 7 of Volume V for bioretention BMP types and design specifications.

(Ord. 540 (2016) § 11, 2016)

17.110.110 Board.

“Board” means the Kitsap County board of county commissioners or their assigns.

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

17.110.112 Boarding house.

“Boarding house” means a building arranged or used for lodging for compensation, with or without meals, with any number of guest rooms and not occupied as a single-family unit.

(Ord. 541 (2017) § 4, 2017)

17.110.120 Boat yard.

“Boat yard” means a place where boats are constructed, dismantled, stored, serviced, or repaired, including maintenance work thereon and may include such facilities as a marine railway, dry dock or tidal grid.

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

17.110.125 Breezeway.

“Breezeway” means a structure for the principal purpose of connecting the main building or buildings on a property with other main buildings or accessory buildings.

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

17.110.126 Brew pubs.

“Brew pubs” shall mean a combination of retail, wholesale and manufacturing business that brews and serves beer and/or food on the premises.

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

17.110.130 Buffer.

“Buffer” or “buffering” means space, either landscaped or in a natural state, intended and dedicated by easement or condition of approval to separate uses that may or may not conflict with each other and to reduce visual, noise, odors and other impacts.

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

17.110.132 Buffer, landscaping.

“Buffer, landscaping” means a buffer treatment within or along the perimeter of a development that varies in numbers and types of vegetation and/or fencing depending on land uses. Landscaping such as trees, shrubs, ground covers, fencing, or vegetation planted as part of low impact development (LID) best management practices (BMPs) are to be provided as prescribed by Chapter 17.500.

(Ord. 540 (2016) § 12, 2016; Ord. 534 (2016) § 7(5) (App. E) (part), 2016)

17.110.133 Buffer, screening.

“Buffer, screening” means a buffer of evergreen vegetation, vegetation planted as part of LID BMPs, or sight-obscuring fencing intended to provide functional screening between different uses, land use intensities and/or zones. Screening is to be installed or maintained as prescribed by Chapter 17.500.

(Ord. 540 (2016) § 13, 2016; Ord. 534 (2016) § 7(5) (App. E) (part), 2016)

17.110.135 Building.

“Building” means any structure used or intended for supporting or sheltering any use or occupancy.

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

17.110.137 Building coverage.

“Building coverage” means the area of land that is covered by a building or structure that provides a hard surface. Building coverage also includes uncovered horizontal structures, such as decks, stairways, and entry bridges.

(Ord. 540 (2016) § 14, 2016)

17.110.140 Building height.

“Building height” is the vertical distance above a reference datum measured to the highest point of the coping of a flat roof or to the deck line of a mansard roof or to the average height of the highest gable of a pitched or hipped roof.

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

17.110.145 Building line.

“Building line” means the perimeter of that portion of a building or structure nearest a property line but excluding eaves, open space, terraces, cornices and other ornamental features projecting from the walls of the building or structure.

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

17.110.150 Caretaker’s dwelling.

“Caretaker’s dwelling” means a single-family residence accessory to a commercial or industrial use intended for the purposes of providing supervision, maintenance or security of the property.

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

17.110.155 Carport.

“Carport” means a roof designed to cover, but not enclose, automobile parking spaces and should be open on two or more sides.

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

17.110.157 Child care center.

“Child care center” means the same as “day-care center.”

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

17.110.160 Clinic.

“Clinic” means a building or portion of a building containing offices for providing nonemergency chiropractic, medical, dental, or psychiatric services not involving overnight housing of patients.

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

17.110.165 Club.

“Club” means a place where an association of persons organized for some common purpose meet. This definition excludes places of worship and groups organized primarily for business purposes.

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

17.110.168 Co-location.

“Co-location” means the use of a single support structure by more than one wireless services provider where appropriate, and/or placement of up to four support structures for co-location on a specific site. This may include shared facilities with Kitsap County central communications or public safety emergency communications equipment.

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

17.110.169 Community sewage disposal systems.

“Community sewage disposal system” means any system of piping, treatment devices and/or other facilities which:

A. Conveys, stores, treats and/or provides subsurface soil treatment and disposal on site or on adjacent or nearby property under the control of the users; and

B. The system is not connected to a public sewer system; and

C. Is designed to serve more than one single-family dwelling or one multifamily dwelling but the design capacity does not exceed three thousand five hundred gallons of sewage volume per day.

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

17.110.170 Commission or planning commission.

“Commission” or “planning commission” means the Kitsap County planning commission.

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

17.110.171 Comprehensive plan.

“Comprehensive plan” means the principles, objectives, and policies to guide growth and development, as required under Chapter 36.70A RCW. The Kitsap County Comprehensive Plan coordinates and provides policy direction for county programs and services, and establishes urban/rural boundaries.

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

17.110.175 Conditional use.

“Conditional use” means an activity specified by this title as a principal or an accessory use that may be approved or denied based upon consistency with specific criteria (Chapters 17.540 and/or 17.550). Approval of a conditional use is subject to certain conditions. Conditional uses reviewed by the planning department are administrative (ACUP); those reviewed by the hearing examiner (C) require a public hearing.

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

17.110.177 Conference center.

“Conference center” means a building or group of buildings with overnight accommodations and meeting space, primarily intended for conferences, meetings, and retreats. Conference centers may include facilities such as dining and banquet rooms, recreation rooms and other amenities.

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

17.110.180 Congregate care facility.

“Congregate care facility” means any building in which people live in individual housing units which provide for independent living while providing common living areas and limited services such as health care, meals and housekeeping.

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

17.110.185 Contiguous.

“Contiguous” means the same as “abutting.”

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

17.110.190 Convalescent, nursing or rest home.

“Convalescent, nursing or rest home” means any building or premises in or on which sick, injured, or infirm persons are housed, for a period in excess of twenty-four consecutive hours and furnished with meals and nursing care for hire.

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

17.110.195 Contractor’s storage yard.

“Contractor’s storage yard” means a place where heavy equipment, vehicles, construction equipment or any material commonly used in the erection of any structure, is stored or accumulated. Sites that involve current construction of projects with active permits involving the materials on site shall not be considered a contractor’s storage yard.

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

17.110.196 Cottage housing development.

“Cottage housing development” means a tract of land under single ownership or unified control developed with four or more detached living structures sharing any of the following: common kitchen and sanitation facilities, common area/courtyard and/or parking area.

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

17.110.197 County engineer.

“County engineer” means the director of the department of public works or a duly authorized designee as defined in RCW 36.75.010.

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

17.110.199 Custom art and craft stores.

“Custom art and craft stores” shall mean a business in which finished, personal or household items are produced and/or sold. Examples include, but are not limited to: pottery and candle making; leather work; jewelry making; creation of sculpture or other artwork.

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

17.110.200 Day-care center.

“Day-care center” means a primary dwelling in which more than seven individuals, or a building other than a primary dwelling in which any number of individuals, are cared for during some portion of a twenty-four-hour period.

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

17.110.205 Day-care center, family.

“Day-care center, family” means an owner- or manager-occupied primary dwelling and premises in and on which not more than six individuals are cared for during some portion of a twenty-four-hour period.

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

17.110.210 Density.

“Density” means a ratio comparing the number of dwelling units with land area.

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

17.110.212 Density, maximum.

“Density, maximum” means the largest number of dwelling units that shall be developed on a property(s) within a specific zone based upon the gross acreage of the property(s). In circumstances involving state or federal bald eagle habitat regulations, the calculation of maximum density may be affected.

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

17.110.213 Density, minimum.

“Density, minimum,” unless otherwise specified by Section 17.420.060, means the fewest number of dwelling units that shall be developed on a property(s) within a specific zone based upon the net developable acreage of the property(s).

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

17.110.215 Department.

“Department” means the Kitsap County department of community development.

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

17.110.220 Development.

“Development” means any manmade change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation, or drilling operations and other land-disturbing activities.

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

17.110.222 Development rights.

“Development rights” means the residential building rights permitted to a lot or parcel within a sending area, as defined in this chapter, based on the gross density, established pursuant to the Kitsap County zoning map and this title, and measured in base dwelling units per developable acre.

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

17.110.223 Directional panel antenna.

“Directional panel antenna” means, generally, a rectangular antenna designed to transmit and receive radio frequency signals in a specific directional pattern.

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

17.110.225 Director.

“Director” means the director of the Kitsap County department of community development or a duly authorized designee.

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

17.110.226 Drinking establishments.

“Drinking establishments” means a business primarily engaged in the retail sale of alcoholic beverages for consumption on the premises, including night clubs, bars, and taverns. It shall not mean premises primarily engaged in the retail sale of food for consumption on the premises, where the sale of alcoholic beverages is clearly accessory and incidental (e.g., comprises less than twenty percent of the gross receipts). This definition excludes brew pubs.

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

17.110.240 Dwelling, single-family attached.

“Dwelling, single-family attached” or “attached single-family dwelling” means a single dwelling unit designed for occupancy by not more than one family and separated from adjacent units by one or more common vertical walls where each dwelling includes adjacent dwelling-specific yard area within its ownership.

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

17.110.242 Dwelling, single-family detached.

“Dwelling, single-family detached” or “detached single-family dwelling” means a single dwelling unit designed for occupancy by not more than one family that is physically separated from any other dwelling unit.

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

17.110.245 Dwelling, duplex.

“Dwelling, duplex,” means a building containing two dwelling units and designed for occupancy by not more than two families. A duplex may not be considered a primary residence for the purposes of constructing an accessory dwelling unit or accessory living quarters.

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

17.110.250 Dwelling, multiple-family.

“Dwelling, multiple-family” means a building or portion thereof containing three or more dwelling units and designed for occupancy by three or more families.

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

17.110.255 Dwelling unit.

“Dwelling unit” means a single unit providing complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation. A recreational vehicle is not considered a dwelling unit.

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

17.110.257 Emergency service communications.

“Emergency service communications” means any police, fire, emergency, and/or medical wireless communication of radio frequency (RF) signals through electromagnetic energy.

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

17.110.260 Employees.

“Employees” means all persons, including proprietors, working on the premises.

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

17.110.265 Exotic animal.

“Exotic animal” means:

A. Any species of animal whose venom is commonly known to be capable of inflicting serious physical harm or death to human beings, livestock, dogs or cats.

B. Nonhuman primates including prosimians.

C. All members of the Ursidae family (e.g., bears).

D. Nondomesticated members of the Felidae family (e.g., cats).

E. Nondomesticated members of the Canidae family (e.g., dogs) and their hybrids, including wolves, coyotes and foxes.

F. All members of the crocodilian order (e.g., alligators, crocodiles, caiman and gavials).

G. All members of the Melinae, Mellivorinae and Taxideinae subfamilies (e.g., badgers).

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

17.110.270 Family.

“Family” means two or more persons customarily living together as a single housekeeping unit and using common cooking facilities, as distinguished from a group occupying a hotel, club, boarding or lodging house, or other group of unrelated individuals.

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

17.110.272 Fitness center.

“Fitness center” means a place of business with equipment and facilities for exercising and improving physical fitness. Examples include health clubs, boxing gyms and micro-gyms.

(Ord. 541 (2017) § 5, 2017)

17.110.275 Fence, sight-obscuring.

“Fence, sight-obscuring” or “sight-obscuring fence” means a fence or combination of fence and planting arranged in such a way as to screen areas from view.

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

17.110.280 Forestry.

“Forestry” means the use of land for producing and caring for a forest, including the harvesting of timber.

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

17.110.285 Foster home.

“Foster home” means a dwelling unit in which a full-time resident provides care and supervision on a full-time basis to not more than six children or to not more than three expectant mothers.

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

17.110.290 Frontage.

“Frontage” means the actual length of the front property line abutting a street or alley (if no street frontage), or length of the property line of a flag lot that most closely parallels the street in which it receives access.

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

17.110.295 Garage, private.

“Garage, private” means an accessory building or part of a main building intended primarily for the storage of motor vehicles owned or used by occupants of the main building.

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

17.110.301 General merchandise stores.

“General merchandise stores” means stores that sell a wide variety of grocery and nongrocery items, including, but not limited to: fresh foods; packaged foods for preparation and consumption in the home; household supplies; consumer electronics; hardware; apparel; and sporting goods.

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

17.110.302 General office and management services.

“General office and management services” means the offices of real estate agencies, advertising agencies, mailing services and postal substations, employment agencies, insurance agencies, management and consulting firms, accountants, attorneys, security brokers, architects, surveyors, tax preparation services, computer software development, and other similar business services. This term also includes the administrative offices for businesses whose primary activity may be a nonoffice use conducted elsewhere. This definition excludes engineering and construction firms and financial, banking, mortgage and title institutions.

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

17.110.303 Golf course.

“Golf course” means an area designed and used for playing golf, including all accessory uses incidental to the operation of the facility, including driving ranges.

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

17.110.305 Grade.

“Grade” means the average point of elevation of the finished surface of the ground within five feet of a building or structure.

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

17.110.310 Green storm water infrastructure.

“Green storm water infrastructure” (GSI) means and is also known as low impact development (LID). Refer to the definition for “low impact development,” which is the preferred term used by the county.

(Ord. 540 (2016) § 15, 2016)

17.110.311 Green storm water solutions.

“Green storm water solutions” (GSS) means and is also known as low impact development (LID). Refer to the definition for “low impact development,” which is the preferred term used by the county.

(Ord. 540 (2016) § 16, 2016)

17.110.315 Gross floor area.

“Gross floor area” means the sum of horizontal areas of floors of a building when measured from the exterior faces of exterior walls or, if appropriate, from the center line of dividing walls. Gross floor area generally excludes vent shafts, covered walkways, porches, and similar areas. However, gross floor area shall include decks, or porches when covered by a roof or portion of the floor above.

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

17.110.317 Guest house.

“Guest house” means living quarters in an accessory building for the use of the occupant, persons employed on the premises, or for temporary use by guests of the occupant. Such quarters have no kitchen facilities and are not otherwise used as a separate dwelling unit.

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

17.110.319 Habitable area.

“Habitable area” means the entire area of a dwelling unit or living quarters used for living, sleeping, eating and/or cooking. Storage areas and garages are excluded from calculations of habitable area.

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

17.110.320 Habitable floor.

“Habitable floor” means any floor usable for living purposes including working, sleeping, eating, cooking, or recreating uses, or any combination of these uses. A floor used only for storage purposes is not a “habitable floor.”

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

17.110.321 Hardscaping.

“Hardscaping” means the placement of nonplant elements such as fountains, patios, decks, street furniture, and ornamental concrete or stonework areas.

(Ord. 540 (2016) § 17, 2016)

17.110.322 Hard surface.

“Hard surface” means an impervious surface, a permeable pavement, or a vegetated roof.

(Ord. 540 (2016) § 18, 2016)

17.110.325 Hearing examiner.

“Hearing examiner” means a person appointed to hear or review certain land use applications and appeals pursuant to Title 21, Land Use and Development Procedures.

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

17.110.330 Heavy equipment.

“Heavy equipment” means, but shall not be limited to, self-powered, self-propelled or towed mechanical devices, equipment and vehicles of the nature customarily used for commercial purposes such as tandem axle trucks, graders, backhoes, tractor trailers, cranes and lifts but excluding automobiles, recreational vehicles, boats and their trailers and equipment used for agricultural purposes.

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

17.110.345 Home business.

“Home business” means a commercial or industrial use (excluding retail) conducted within a dwelling, which use is clearly secondary to the use of the dwelling for residential purposes.

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

17.110.350 Home day care.

“Home day care” means the same as “day-care, family.”

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

17.110.355 Home owners’ association.

“Home owners’ association” means a nonprofit organization as defined by the state of Washington operating under recorded land agreements established through which the following take place:

A. Each person owning or purchasing a lot in a planned unit or other described land area is automatically a member by such ownership or purchase;

B. Each lot may be automatically subject to a charge for a proportionate share of the expenses for the organization’s activities, including but not limited to maintaining a common property, such as streets, walkways, recreational facilities, or grounds policing; and

C. Construction and maintenance responsibilities for any undivided property are identified and assigned.

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

17.110.360 Hospital.

“Hospital” means any institution, place, building, or agency which maintains and operates organized facilities for the diagnosis, care, and treatment of human illness, including convalescence and also including care during and after pregnancy; or which maintains and operates organized facilities for any such purpose, and to which persons may be admitted for overnight stay or for a longer period. This definition excludes clinics.

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

17.110.365 Hotel/motel.

“Hotel/motel” means a building in which lodging is provided and offered to the public for compensation and which is open to transient guests. This definition excludes bed and breakfast houses.

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

17.110.366 Immediate vicinity.

“Immediate vicinity” means an area to include all lots, parcels, tracts, roadways or other property(s) within a four-hundred-foot radius of a subject property.

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

17.110.367 Impervious surface.

“Impervious surface” means a nonvegetated surface area that either prevents or retards the entry of water into the soil mantle as under natural conditions prior to development or causes water to run off the surface in greater quantities or at an increased rate of flow from the flow present under natural conditions prior to development. Common impervious surfaces include, but are not limited to, rooftops, walkways, patios, driveways, parking lots or storage areas, concrete or asphalt paving, gravel roads, packed earthen materials, and oiled, macadam or other surfaces that similarly impede the natural infiltration of storm water. Open, uncovered retention/detention facilities shall not be considered as impervious surfaces for the purposes of determining whether the thresholds for application of minimum requirements are exceeded. Open, uncovered retention/detention facilities shall be considered impervious surfaces for purposes of runoff modeling.

(Ord. 540 (2016) § 19, 2016; Ord. 534 (2016) § 7(5) (App. E) (part), 2016)

17.110.368 Infill development.

“Infill development” means the construction of housing or other uses on vacant or underutilized properties bordered on a minimum of two sides by existing development which is consistent with the current density and zoning of the area.

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

17.110.369 Junk motor vehicle.

“Junk motor vehicle” means a motor vehicle that is damaged, apparently inoperable, or any detached parts thereof, including, but not limited to, cars, trucks, motorcycles, vehicle hulks, campers, trailers and/or motor homes. “Junk motor vehicle” does not include a vehicle or part thereof that is completely enclosed within a building in a lawful manner where it is not visible from the street or other public or private property, or a vehicle or part thereof that is stored or parked in a lawful manner on private property in connection with the business of a licensed dismantler or licensed vehicle dealer and is fenced according to the requirements of RCW 46.80.130.

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

17.110.370 Junk yard.

“Junk yard” means a place where waste or scrap materials are stored, bought, sold, accumulated, exchanged, baled, packaged, disassembled or handled including, but not limited to, scrap metals, paper, rags, tires, and bottles, and such worn out or discarded material, excluding approved recycling centers.

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

17.110.375 Kennel.

“Kennel” means any place or entity where five or more cats or dogs are boarded for the primary purpose of compensation, or where pets are housed for resale, such as pet shops, but not including a veterinary hospital where boarding is incidental to treatment.

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

17.110.380 Kennel, hobby.

“Hobby kennel” means any indoor or outdoor facility where cats and/or dogs are routinely housed or maintained by or for any person or entity that is not an animal welfare organization and that desires to breed or maintain five or more spayed or neutered adult cats and/or five or more spayed or neutered adult dogs at the same location or residence, for primarily noncommercial purposes.

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

17.110.390 Landscaping.

“Landscaping” means the placement, preservation, or replacement of trees, grass, shrubs, plants, flowers, and other vegetative materials in accordance with an approved landscaping plan meeting adopted landscaping plan, design, and installation standards. Artificial plants, shrubs, bushes, flowers, and materials in movable containers shall not be considered “landscaping” for purposes of this title. Vegetation planted as part of LID BMPs shall be considered “landscaping” for purposes of this title where all landscape requirements in Title 17 are met.

(Ord. 540 (2016) § 21, 2016; Ord. 534 (2016) § 7(5) (App. E) (part), 2016)

17.110.392 Large on-site sewage system (LOSS).

“Large on-site sewage system (LOSS)” means an on-site sewage system (OSS) that consists of an integrated system of components, located on or nearby the property it serves, that conveys, stores, treats, and provides subsurface soil treatment and disposal of domestic sewage with design flows of at least three thousand five hundred gallons of sewage volume per day up to and including one hundred thousand gallons of sewage volume per day.

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

17.110.393 Lattice support structure.

“Lattice support structure” means a guyed or self-supporting three or four-sided, open, metal frame structure used to support telecommunication equipment.

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

17.110.395 Livestock.

“Livestock” means horses, bovine, sheep, goats, swine, reindeer, donkeys, mules, llamas and any other hoofed animal, large and small (small being one hundred fifty pounds or less).

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

17.110.396 Loading space.

“Loading space” means a space for temporary parking of a vehicle while loading and unloading cargo or passengers.

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

17.110.400 Lot.

“Lot” means platted or unplatted parcel of land which meets the minimum area, setbacks and widths required by this title for occupancy by a principal use and meets the access requirements of this title.

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

17.110.405 Lot area.

“Lot area” means the horizontal area within the boundary lines of a lot excluding public and private streets, tidelands, shorelands and the panhandle of a flag lot if the panhandle is less than thirty feet in width. Areas consisting of only these exceptions are not considered lots. Further, rural lots shall be considered five acres if the lot is one-one-hundred-twenty-eighth of a section, ten acres if the lot is one-sixty-fourth of a section, and twenty acres if the lot is one-thirty-second of a section.

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

17.110.410 Lot, corner.

“Lot, corner” or “corner lot” means a lot abutting upon two or more streets at their intersection, or upon two parts of the same street; such street or parts of the same street forming an interior angle of less than one hundred thirty degrees within the lot lines.

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

17.110.412 Lot, interior.

“Lot, interior” or “interior lot” means a lot or parcel of land other than a corner lot which does not abut a public street.

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

17.110.415 Lot coverage.

“Lot coverage” means that percentage of the total lot area covered by buildings.

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

17.110.420 Lot depth.

“Lot depth” means the horizontal distance between the midpoint of the front and opposite, usually, the rear lot line. In the case of a corner lot, the depth shall be the length of its longest front lot line.

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

17.110.430 Lot line.

“Lot line” means any line bounding a lot as herein defined. Lot lines for unusual lot configurations may be determined by the director.

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

17.110.435 Lot line, front.

“Lot line, front” or “front lot line” means that boundary of a lot which is along a street or approved private road or easement, or, for a flag lot, approximately parallel to a street or approved private road or easement; and thus generally where access is from.

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

17.110.440 Lot line, rear.

“Lot line, rear” or “rear lot line” means that boundary of a lot which is most distant from the front lot line; or the ordinary high water mark on waterfront property.

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

17.110.445 Lot line, side.

“Lot line, side” or “side lot line” means any boundary of a lot which is not a front or rear lot line.

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

17.110.450 Lot of record.

“Lot of record” means a lot which was created in accordance with the laws and regulations in effect at the time it was created and is shown on the records of the county assessor or county auditor.

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

17.110.455 Lot, through.

“Lot, through” or “through lot” means an interior lot having frontage on two streets and/or highways.

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

17.110.460 Lot width.

“Lot width” means the average horizontal distance between the side lot lines.

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

17.110.461 Low impact development.

“Low impact development” (LID) means a storm water and land use management strategy that strives to mimic pre-disturbance hydrologic processes of infiltration, filtration, storage, evaporation and transpiration by emphasizing conservation, use of on-site natural features, site planning, and distributed storm water management practices that are integrated into a project design. LID is also known as green storm water infrastructure or green storm water solutions. LID is the preferred term used by the county.

(Ord. 540 (2016) § 22, 2016)

17.110.462 Low impact development best management practices.

“Low impact development best management practices” (LID BMPs) means distributed storm water management practices, integrated into a project design, that emphasize pre-disturbance hydrologic processes of infiltration, filtration, storage, evaporation and transpiration. LID BMPs include, but are not limited to, bioretention, rain gardens, permeable pavements, roof downspout controls, dispersion, soil quality and depth, minimum excavation foundations, vegetated roofs, and water reuse.

(Ord. 540 (2016) § 24, 2016)

17.110.463 Macro antenna array.

“Macro antenna array” means an attached wireless communication facility which consists of antennas equal to or less than fifteen feet in height or a parabolic antenna up to forty inches in diameter and with an area not more than one hundred square feet in the aggregate as viewed from any one point.

(Ord. 540 (2016) § 23, 2016; Ord. 534 (2016) § 7(5) (App. E) (part), 2016. Formerly 17.110.462)

17.110.465 Maintain.

“Maintain” means to cause or allow to continue in existence. When the context indicates, the word means to preserve and care for a structure, improve or condition an area to such an extent that it remains attractive, safe, presentable, and carry out the purpose for which it was installed, constructed, or required.

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

17.110.470 Manufactured home.

“Manufactured home” means a single-family dwelling constructed after June 15, 1976, and built according to the Department of Housing and Urban Development Manufactured Home Construction and Safety Standards Act. A manufactured home is built on a permanent chassis.

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

17.110.473 Manufacturing and fabrication.

“Manufacturing and fabrication” means the transformation of materials or substances into new products, including construction and assembling of component parts, and the blending of materials such as lubricating oils, plastics, resins or liquors.

A. Light: Light manufacturing and fabrication is characterized by the use being contained within buildings, and materials or equipment used in production not being stored outside. Light manufacturing and fabrication activities do not generate external emissions such as smoke, odor, noise, vibrations or other nuisances outside the building. This definition may include, but is not limited to, manufacture and fabrication of electronic components, software, office products, furniture, glass products, and other manufacturing and fabrication uses as determined by the reviewing official.

B. Medium: Medium manufacturing and fabrication is characterized by need for only very limited areas of outdoor storage and may create minor external environmental impacts during the conduct of operations but most impacts are contained on site. This definition may include, but is not limited to, manufacture and fabrication of paints, printing ink, leather goods, and other manufacturing and fabrication uses as determined by the reviewing official.

C. Heavy: Heavy manufacturing and fabrication uses are often characterized by the need for large outdoor areas in which to conduct operations, and typically results in environmental impacts beyond their own sites. This definition may include, but is not limited to, manufacture and fabrication of automotive vehicles and their parts, cement, brick, lime, gypsum, asphalt, and other manufacturing and fabrication uses as determined by the reviewing official. This definition excludes manufacture and fabrication of hazardous materials.

D. Hazardous: Hazardous manufacturing and fabrication uses are those engaged in the manufacture or fabrication of materials that are flammable, explosive, or present hazards to the public health, safety, and welfare, including all substances and materials defined as hazardous materials, hazardous substances, or hazardous waste.

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

17.110.475 Marina.

“Marina” means a public or private facility which for compensation provides moorage or wet or dry storage for watercraft and may offer marine-related sales and services.

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

17.110.477 Master plan.

“Master plan” means a large-scale development plan to guide the long-term physical development of a particular area. Such a plan shall be prepared and approved pursuant to Chapter 17.440.

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

17.110.480 Micro antenna array.

“Micro antenna array” means an attached wireless communication facility which consists of antennas equal to or less than four feet in height (except omnidirectional antennas which may be up to six feet in height) and with an area of not more than five hundred eighty square inches in the aggregate.

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

17.110.483 Mini antenna array.

“Mini antenna array” means an attached wireless communication facility which consists of antennas equal to or less than ten feet in height or a parabolic antenna up to forty inches in diameter and with an area not more than fifty square feet in the aggregate as viewed from any one point.

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

17.110.485 Mixed use development.

“Mixed use development” means the development of a site or building with a combination of residential and nonresidential uses in a single or physically integrated group of buildings.

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

17.110.490 Mobile home.

“Mobile home” means a factory-built single-family dwelling constructed prior to June 15, 1976, to standards other than the Department of Housing and Urban Development Manufactured Home Construction and Safety Standards Act.

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

17.110.493 Mobile home park.

“Mobile home park” means a tract of land developed or operated as a unit with individual leased sites and facilities to accommodate two or more mobile homes or manufactured homes.

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

17.110.503 Monopole.

“Monopole” means a structure composed of a single spire used to support telecommunication equipment.

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

17.110.504 Movie/performance theater.

“Movie/performance theater” means a facility for showing films and performance art, including accessory retail sales of food and beverages. This definition excludes adult entertainment uses.

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

17.110.505 Native growth protection easement.

“Native growth protection easement” means a protected corridor vegetated with native trees, shrubs and groundcover that connects critical areas or permanently preserved natural areas within or adjacent to and across the project site.

(Ord. 540 (2016) § 25, 2016)

17.110.506 Native vegetation.

“Native vegetation” means vegetation comprised of plant species, other than noxious weeds, that are indigenous to the coastal region of the Pacific Northwest and which reasonably could have been expected to naturally occur on the site. The Native Plant Listing for Kitsap County may be obtained from the department of community development.

(Ord. 540 (2016) § 27, 2016)

17.110.507 Net developable area.

“Net developable area” means the site area after subtracting all rights-of-way, critical areas (including bald eagle habitat regulations) and their buffers, storm water controls, recreational facilities, public facilities, community drainfields or other area-wide sanitary sewer facilities, and open space.

(Ord. 540 (2016) § 26, 2016; Ord. 534 (2016) § 7(5) (App. E) (part), 2016. Formerly 17.110.506)

17.110.508 Nonconforming lot.

“Nonconforming lot” means a lot was lawfully created but does not conform to the lot requirements of the zone in which it was located as established by this title or other ordinances or amendments thereto.

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

17.110.510 Nonconforming use, nonconforming structure or nonconforming use of structure.

“Nonconforming use, nonconforming structure or nonconforming use of structure” means, respectively, a use of land, a structure or use of a structure which was lawfully established or built and which has been lawfully continued but which does not conform to the regulations established by this title or amendments thereto.

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

17.110.512 Nonmotorized recreational rentals.

“Nonmotorized recreational rentals” means any form of transportation that provides personal or goods mobility by methods other than a motor.

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

17.110.515 Nuisance.

“Nuisance” means, in addition to those definitions contained in Chapters 7.48 and 9.66 RCW, as amended, any violation of this title shall constitute a nuisance, per se.

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

17.110.520 Nursery, retail.

“Nursery, retail” means an establishment where trees, shrubs and other plant materials are grown, propagated and/or stored for purpose of sale directly to the public.

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

17.110.525 Nursery, wholesale.

“Nursery, wholesale” or “wholesale nursery” means an establishment where trees, shrubs or other plants are propagated on the property and/or continuously grown to a larger size for a period no less than one complete growing season and that is not open to the public on a regular basis. Temporary outdoor stands for the periodic and occasional sale of plants which are grown on the premises shall not disqualify an establishment for definition as a wholesale nursery. No bark, mulch, fertilizer or other similar landscape supply may be sold.

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

17.110.530 Nursing or rest home.

See Section 17.110.190, Convalescent, nursing or rest home.

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

17.110.535 Open space.

“Open space” shall mean land used for outdoor active or passive recreational purposes or for critical area or resource land protection, including structures incidental to these open space uses, including associated critical area buffers, but excluding land occupied by dwellings or hard surfaces not related to the open space uses and yards required by this title for such dwellings or hard surfaces. Open space may be used for native vegetation, drought-tolerant vegetation, and vegetated LID facilities. “Open space” is further divided into the following categories:

A. “Common open space” shall mean space that may be used by all occupants of a development complex or, if publicly dedicated, by the general public;

B. “Active recreational open space” shall mean space that is intended to create opportunities for recreational activity. Active recreational open space may be occupied by recreational facilities such as ball fields, playground equipment, trails (pedestrian, bicycle, equestrian or multi-modal), swimming pools, and game courts or sculptures, fountains, pools, benches or other outdoor furnishings;

C. “Passive open space” shall mean all common open space not meeting the definition of active recreational open space, including, but not limited to, critical areas and their associated buffers;

D. “Permanent open space” means an area that is permanently reserved as open space and remains in native vegetation unless approved for forestry, passive recreational or access uses; and

E. “Recreational open space” means an area that shall be improved and maintained for its intended use. Exterior as well as interior areas can constitute recreational open space. Examples of usable recreational space include swimming pools, community buildings, interior gyms, picnic areas, tennis courts, community gardens, improved playgrounds, paths and passive seating areas.

(Ord. 540 (2016) § 28, 2016; Ord. 534 (2016) § 7(5) (App. E) (part), 2016)

17.110.540 Ordinary high water mark.

“Ordinary high water mark” means that mark that will be found by examining the bed and banks and ascertaining where the presence and action of waters are so common and usual, and so long continued in all ordinary years, as to mark upon the soil a character distinct from that of the abutting upland, in respect to vegetation as that condition exists on June 1, 1971, as it may naturally change thereafter, or as it may change thereafter in accordance with permits issued by a local government or the department; provided, that in any area where the ordinary high water mark cannot be found, the ordinary high water mark adjoining salt water shall be the line of mean higher high and the ordinary high water mark adjoining fresh water shall be the line of mean high water.

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

17.110.545 Owner.

“Owner” means the owner of record of real property or person purchasing a piece of property under contract. For the purposes of this title, in terms of violations and binding agreements between the county and the owner, “owner” shall also mean a leaseholder, tenant, or other person in possession or control of the premises or property at the time of agreement, violations of agreement, or the provisions of this title. For the purpose of processing an application for a land use approval or permit under this title, where such application or permit must be filed by an owner, the term “owner” also includes a governmental entity contemplating acquisition of a parcel for a use which would require such permit or approval.

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

17.110.547 Parabolic antenna.

“Parabolic antenna” means an antenna which is a bowl-shaped device for the reception and/or transmission of radio frequency communication signals in a specific directional pattern. (Also known as a “dish antenna.”)

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

17.110.548 Parcel.

“Parcel” means platted or unplatted portions of land carrying an assessor’s tax account number. Parcels may be, but are not necessarily, legal lots.

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

17.110.550 Park.

“Park” means public or private areas of land, with or without buildings, intended for outdoor active or passive recreational uses including, but not limited to, arboretums, horticultural gardens and nature preserves.

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

17.110.555 Parking area, public.

“Parking area, public” or “public parking area” means an open area other than a street or other public way, used for the parking of automobiles and available to the public whether for a fee, free of charge, or as an accommodation for clients or customers.

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

17.110.560 Parking space.

“Parking space” means a permanently surfaced and marked area not less than nine feet wide and twenty feet long, excluding paved area necessary for access, for the parking of a motor vehicle.

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

17.110.565 Parking space, barrier free.

“Parking space, barrier free” or “barrier free parking space” means a parking space conforming with Chapter 51.30 WAC.

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

17.110.570 Parking space, compact.

“Parking space, compact” or “compact parking space” means a permanently surfaced and marked area not less than eight feet wide and eighteen feet long, excluding paved area necessary for access, for the parking of a compact motor vehicle.

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

17.110.572 Performance based development (PBD).

“Performance based development” (or “PBD”) means a property development characterized by comprehensive planning of the total project, though it may contain a variety of individual lots and/or uses. Typically, such a project may include clustering of structures and preservation of open space with a number of flexible and customized design features specific to the natural features of the property and the uses sought to be implemented. Specific lot area, dimension and setback requirements may be reduced or deleted in order to allow flexibility and innovation in building design or placement, to facilitate allowed densities and to increase open space, critical areas protection and similar components of the project.

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

17.110.575 Perimeter setback.

“Perimeter setback” means in a performance based development (PBD), the horizontal distance between a building line and the exterior boundary of the PBD.

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

17.110.576 Permeable pavement.

“Permeable pavement” means pervious concrete, porous asphalt, permeable pavers or other forms of pervious or porous paving material intended to allow passage of water through the pavement section. It is a hard surface, as defined herein, and often includes an aggregate base that provides structural support and acts as a storm water reservoir.

(Ord. 540 (2016) § 29, 2016)

17.110.577 Permitted use.

“Permitted use” means a land use allowed outright in a certain zone without a public hearing or conditional use permit; provided, such use is developed in accordance with the requirements of the zone and general conditions of this title, and all applicable provisions elsewhere in the county code.

(Ord. 540 (2016) § 30, 2016; Ord. 534 (2016) § 7(5) (App. E) (part), 2016. Formerly 17.110.576)

17.110.580 Person.

“Person” means an individual, partnership, corporation, association, organization, cooperative, tribe, public or municipal corporation, or agency of the state or local governmental unit however designated.

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

17.110.585 Pet.

“Pet” means any animal less than one hundred fifty pounds in weight, other than exotic animals, kept for companionship, recreation or other nonagricultural purposes.

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

17.110.590 Pet, nontraditional.

“Pet, nontraditional” or “nontraditional pet” means any pet other than a dog, cat, fish or nonraptor bird.

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

17.110.591 Pharmacies.

“Pharmacies” shall mean businesses primarily engaged in the sale of prescription and over-the-counter drugs, vitamins, first-aid supplies, and other health-related products. Pharmacies that also sell a wide variety of other types of merchandise, such as beauty products, camera equipment, small consumer electronics, gift wares, housewares, and/or cleaning supplies are considered “general merchandise stores.”

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

17.110.595 Pier.

“Pier” means a fixed structure built over tidelands or shorelands used as a landing for marine or recreational purposes.

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

17.110.600 Places of worship.

“Places of worship” means a permanently located building primarily used for religious worship.

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

17.110.610 Planning commission.

“Planning commission” means the Kitsap County planning commission.

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

17.110.615 Porch.

“Porch” means a covered attached structure providing a single entrance to a building, which may be either open or enclosed up to one third.

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

17.110.620 Portable sign.

“Portable sign” means a sign which has no permanent attachment to a building or the ground which include, but is not limited to, A-frame, pole attachment, banners and reader board signs.

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

17.110.625 Premises.

“Premises” means a tract or parcel of land with or without habitable buildings.

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

17.110.630 Private airport or heliport.

“Private airport or heliport” means any runway, landing area or other facility designed and used by individual property owners for private aircraft for the purposes of landing and taking off, including associated facilities, such as hangars and taxiways.

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

17.110.635 Prohibited use.

“Prohibited use” means any use which is not expressly allowed and does not meet the criteria under Section 17.100.040.

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

17.110.637 Project permit or project permit application.

“Project permit” or “project permit application” means any land use or environmental permit or license required from Kitsap County for a project action, including, but not limited to, building permits, subdivisions, binding site plans, performance based developments, conditional uses, shoreline substantial development permits, permits or approvals required by critical area ordinances, and site-specific rezones authorized by the Kitsap County Comprehensive Plan (Plan) or a subarea plan, but excluding the adoption or amendment of the Plan, a subarea plan, or development regulations.

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

17.110.640 Public facilities.

“Public facilities” means streets, roads, highways, sidewalks, street and road lighting systems, traffic signals, domestic water systems, storm and sanitary sewer systems, waste handling facilities designated as public facilities in the comprehensive solid waste management plan, parks and recreational facilities, schools, public works storage facilities and road sheds, and utilities such as power, phone and cable television.

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

17.110.641 Public sewer system.

“Public sewer system” means a sewerage system which is:

A. Owned, operated and maintained by a city, town, county, or other municipal corporation such as a water, sewer, or water-sewer district; public utility district; port district; or federal, state, local agency or department thereof, or a person regulated by the utilities and transportation commission; and

B. Consisting of a collection system and necessary trunks, pumping facilities and a means of final treatment and disposal of sewage located on public property, dedicated easements, or within rights-of-way; and

C. Approved by or under permit from the Department of Ecology, the Department of Health or the local health officer; and

D. Located within a UGA or LAMIRD, or otherwise approved pursuant to RCW 36.70A.110(4).

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

17.110.643 Race track, major.

“Race track, major” means a public or private facility developed for the purpose of operating and/or competitive racing of automobiles, motorcycles or similar vehicles. The facility may allow for up to six thousand spectators and may contain an oval, drag strip, road track and/or other course. Accessory uses may include the sale of concessions and souvenirs, a recreational vehicle camping park, community events and/or vehicle safety training.

(Ord. 540 (2016) § 32, 2016; Ord. 534 (2016) § 7(5) (App. E) (part), 2016. Formerly 17.110.642)

17.110.644 Race track, minor.

“Race track, minor” means a public or privately owned course designed for the operating and/or racing of automobiles, motorcycles, all-terrain vehicles or similar vehicles along a defined route that may include straightaways, curves, jumps and/or other features.

(Ord. 540 (2016) § 33, 2016; Ord. 534 (2016) § 7(5) (App. E) (part), 2016. Formerly 17.110.643)

17.110.645 Receiving areas and parcels.

“Receiving areas and parcels” means areas within an urban growth area that are designated on the Kitsap County zoning map or by further action of the board of county commissioners, that may be eligible for additional residential development through the transfer of development rights.

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

17.110.646 Recreational amenity, active.

A “recreational amenity, active” means an area within a development intended for use by the residents, employees or patrons of the development for leisure activities. Such facilities may include, but are not limited to, a paved sports court, children’s play equipment, exercise fitness trail, community garden or gathering area with water service or similar facility.

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

17.110.647 Recreational facility.

“Recreational facility” means a place designed and equipped for the conduct of sports and leisure-time activities. Examples include athletic fields, batting cages, amusement parks, picnic areas, campgrounds, swimming pools, driving ranges, skating rinks and similar uses. Public recreational facilities are those owned by a government entity.

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

17.110.650 Recreational vehicle.

“Recreational vehicle” means a vehicle such as a motor home, travel trailer, truck and/or camper combination or camp trailer which is designed for temporary human habitation for recreational or emergency purposes and which may be moved on public highways without any special permit for long, wide or heavy loads.

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

17.110.655 Recreational vehicle camping park.

“Recreational vehicle camping park” means a tract of land under single ownership or unified control developed with individual sites for rent and containing roads and utilities to accommodate recreational vehicles or tent campers for vacation or other similar transient, short-stay purposes.

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

17.110.660 Residential care facility.

“Residential care facility” means a facility that provides daily care, adult day health and/or primary residences for functionally disabled person(s) who are in need of personal care, room and board, and medical care. Such a facility serves at least five, but not more than twenty-five people.

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

17.110.662 Restaurant.

“Restaurant” means an establishment where food and/or beverages are served to customers for compensation.

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

17.110.663 Restaurant, high-turnover.

“High-turnover restaurant” means retail establishments providing food and/or beverages for sale, and which are distinguished by one or more of the following:

A. Use of disposable food containers and utensils;

B. Self-service is available;

C. The principal business is take-out foods and beverages;

D. Drive-in service is available.

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

17.110.665 Rezone.

“Rezone” means a change in the zoning classification on the Kitsap County zoning map that affects one parcel or a small group of contiguous parcels, a section, or sections of Kitsap County consistent with Chapter 17.450.

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

17.110.666 Rural character.

“Rural character” means the patterns of land use and development that are consistent with the following:

A. Open space, the natural landscape, and vegetation predominate over the built environment;

B. Traditional rural lifestyles, rural-based economies, and opportunities to both live and work in rural areas;

C. Visual landscapes that are traditionally found in rural areas and communities;

D. Compatible with the use of the land by wildlife and for fish and wildlife habitat;

E. Reduces the inappropriate conversion of undeveloped land into low-density development;

F. Protects natural surface water flows and ground water and surface water recharge and discharge areas; and

G. Meets the requirements of RCW 36.70A.030(15).

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

17.110.667 Rural cluster.

“Rural cluster” means site development that avoids sensitive areas while preserving forested land, steep slopes, wetlands, prairies and other ecologically or visually valuable landscape features while still obtaining residential density. Typically a percentage of a site area is preserved in its existing natural or farmed state, with individual house lots occupying the remaining acreage.

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

17.110.668 Rural wooded incentive program development.

“Rural wooded incentive program development” means a development within the area designated “rural wooded” on the Kitsap County Comprehensive Plan land use map that has utilized the clustering provisions of this title and for which final approval has been granted by the board of county commissioners.

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

17.110.669 Sending areas and parcels.

“Sending areas and parcels” means undeveloped or partially developed lot(s) or parcel(s) located within a sending area, designated on the Kitsap County zoning map or by further action of the board of county commissioners, that are appropriate to transfer development rights.

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

17.110.671 Setback.

“Setback” means the horizontal distance from a property line to the nearest vertical wall or other element of a building or structure.

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

17.110.673 Shipping container.

“Shipping container” means any repository greater than twenty-five feet in length traditionally commonly used for the interstate or international transport of goods.

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

17.110.675 Sign.

“Sign” means a collection of letters, numbers or symbols which calls attention to a business, product, activity, person or service. Balloons or balloon type devices in excess of five cubic feet, or flown more than twenty feet in elevation measured from grade, or taller than twenty feet in height measured from mean grade are considered signs for the purposes of this title.

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

17.110.680 Sign permit.

“Sign permit” means a permit which authorizes the placement or alteration of a sign on a particular parcel of property or building.

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

17.110.683 Site.

“Site” means the spatial location of an actual or planned development. A site may contain multiple lots or parcels, excluding public right-of-way.

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

17.110.685 Site plan.

“Site plan” means a plan prepared to scale, showing accurately and with complete dimensions, all proposed and existing buildings, landscaping, open space, structures and features on abutting properties, and parking proposed for a specific parcel of land; including the specific requirements listed in the preapplication meeting summary and/or application.

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

17.110.686 Site-specific amendment.

“Site-specific amendment” means an amendment to the Comprehensive Plan and/or zoning map that affects one or a small group of contiguous parcels. A site-specific amendment most frequently affects only the land use designation and/or zoning classification and not the text of the Comprehensive Plan or a development regulation.

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

17.110.687 Stealth technology.

See Section 17.110.057, Alternative technology.

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

17.110.688 Storage, hazardous materials.

“Storage, hazardous materials” means the storage of materials produced on site or brought from another site that are flammable, explosive, or present hazards to the public health, safety, and welfare, including all substances and materials defined as hazardous materials, hazardous substances, or hazardous waste.

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

17.110.689 Storage, self-service.

“Storage, self-service” means a building or group of buildings consisting of individual, self-contained units leased to individuals, organizations, or businesses for self-service storage of personal property. This definition excludes indoor storage, outdoor storage, vehicle and equipment storage, and hazardous materials storage.

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

17.110.690 Storage, vehicles and equipment.

“Storage, vehicles and equipment” means an indoor or outdoor area for parking or holding of motor vehicles and boats or wheeled equipment for more than seventy-two hours. This definition excludes automotive sales and rentals, automotive service and repair shops, and auto wrecking yards.

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

17.110.691 Storage, indoor.

“Storage, indoor” means storage of goods and/or materials located within a building. The definition excludes hazardous materials storage, self-service storage, outdoor storage, and vehicle storage.

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

17.110.692 Storage, outdoor.

“Storage, outdoor” means outdoor storage of products, supplies, and equipment. This definition excludes hazardous materials storage, self-service storage, indoor storage, and vehicle storage.

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

17.110.693 Storage container.

“Storage container” means any repository twenty-five feet or less in length commonly used for the transit and short-term storage of residential belongings.

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

17.110.695 Street.

“Street” means all roads, streets, highways, roadways, freeways, easements, and public rights-of-way used for or designed for vehicular access or use including private roads serving or intended to serve five or more lots. Streets may also include provisions for public utilities, pedestrian walkways, cut and fill slopes, vegetation, and storm drainage facilities.

(Ord. 540 (2016) § 34, 2016; Ord. 534 (2016) § 7(5) (App. E) (part), 2016)

17.110.700 Structural alteration.

“Structural alteration” means any change or a repair of the supporting members of a building or structure and may be subject to the provisions of Chapter 17.570.

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

17.110.705 Structure.

“Structure” means that which is built or constructed.

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

17.110.706 Subarea plan.

“Subarea plan” means a detailed, local land use plan which is a subcomponent of the Kitsap County Comprehensive Plan. A subarea plan contains specific policies, guidelines, and criteria for a specific geographic area of Kitsap County.

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

17.110.707 Support structure.

“Support structure” means a structure designed and constructed specifically to support a wireless communication antenna array, and may include a monopole, self supporting (lattice) tower, guy-wire support tower and other similar structures. Any device which is used to attach an attached wireless communication facility to an existing building or structure shall be excluded from the definition of and regulations applicable to support structure.

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

17.110.710 Temporary sign.

“Temporary sign” means a sign or balloons intended for use which shall not be displayed for more than fourteen consecutive days and twice in a calendar year, which shall include, but is not limited to, portable signs, banners, A-boards and pennants.

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

17.110.715 Temporary structure.

“Temporary structure” means a structure which does not have or is not required by the Uniform Building Code to have a permanent attachment to the ground. Temporary structures are subject to building permits.

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

17.110.720 Temporary use.

“Temporary use” means a use which may occur on a lot on a seasonal basis or for a prescribed period of time which usually would not exceed one year’s duration.

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

17.110.725 Tract.

“Tract” means land reserved for specified uses including, but not limited to, reserve development tracts, recreation, open space, critical areas, storm water facilities, utilities and access tracts. Tracts are not considered lots.

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

17.110.728 Urban level of sanitary sewer service.

“Urban level of sanitary sewer service” means those forms of wastewater service provision within urban growth areas that serve urban levels of development, including, but not limited to, connections to public sewer systems, membrane biofiltration reactor systems, large on-site septic systems (LOSS), community sewage disposal systems, and existing properly functioning on-site septic systems.

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

17.110.730 Use.

“Use” means the nature of occupancy, type of activity or character and form of improvements to which land is devoted.

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

17.110.738 Vacation rental.

“Vacation rental” means a dwelling unit used by any person or group of persons, other than the owner, which is occupied through payment to the owner for a period of less than thirty calendar days, counting portions of days as full days.

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

17.110.739 Vegetation-based low impact development best management practices.

“Vegetation-based low impact development best management practices” (LID BMPs) means distributed storm water management practices, integrated into a project design, that emphasize pre-disturbance hydrologic processes of infiltration, filtration, storage, evaporation and transpiration. Vegetation-based LID BMPs are a subset of LID BMPs and include, but are not limited to, bioretention, rain gardens, and vegetated roofs.

(Ord. 540 (2016) § 35, 2016)

17.110.740 Veterinary clinic.

“Veterinary clinic” means the same as “animal hospital.”

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

17.110.745 Water-dependent use.

“Water-dependent use” means a use or portion of a use which requires direct contact with the water and cannot exist at a nonwater location due to the intrinsic nature of its operations. Examples of water-dependent uses may include ship cargo terminal loading areas, ferry and passenger terminals, barge loading facilities, ship building and dry docking marinas, aquaculture and float plane facilities.

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

17.110.750 Water-enjoyment use.

“Water-enjoyment use” means a recreational use, or other use facilitating public access to the shoreline as a primary characteristic of the use; or a use that provides for recreational use or aesthetic enjoyment of the shoreline for a substantial number of people as a general character of the use and which through the location, design, and operation assure the public’s ability to enjoy the physical and aesthetic qualities of the shoreline. In order to qualify as a water-enjoyment use, the use must be open to the public and the shoreline space of the project must be devoted to provisions that accommodate public shoreline enjoyment. Examples may include parks, piers, museums, restaurants, education/scientific reserves, resorts and mixed use projects.

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

17.110.755 Water-oriented use.

“Water-oriented use” means any combination of water-dependent, water-related and/or water-enjoyment uses and serves as an all encompassing definition for priority uses under the Shoreline Management Act (SMA).

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

17.110.760 Water-related use.

“Water-related use” means a use or a portion of a use which is not intrinsically dependent on a waterfront location but whose operation cannot occur economically without a waterfront location. Examples may include warehousing of goods transported by water, seafood processing plants, hydroelectric generating plants, gravel storage when transported by barge, oil refineries where transport is by tanker and log storage.

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

17.110.765 Wireless communication antenna array.

“Wireless communication antenna array” means one or more rods, panels, discs or similar devices used for the transmission or reception of radio frequency (RF) signals through electromagnetic energy that can be attached to a building or sign. Wireless communication antenna array examples may include an omni-directional antenna (whip), a directional antenna (panel) and/or a parabolic antenna (dish).

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

17.110.770 Wireless communication facility.

“Wireless communication facility” means any unstaffed facility used for the transmission and/or reception of radio frequency (RF) signals through electromagnetic energy. This usually consists of an equipment shelter or cabinet, a support tower or structure used to achieve the necessary elevation, and the antenna array.

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

17.110.775 Wireless communication support structure.

“Wireless communication support structure” means a structure specifically designed to support a wireless communication antenna array. This may include a monopole structure, lattice structure or building.

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

17.110.780 Whip antenna.

“Whip antenna” means an antenna that is cylindrical in shape up to twenty feet in height.

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

17.110.783 Wrecking yard.

“Wrecking yard” means a place where damaged, inoperable or obsolete machinery such as cars, trucks and trailers, or parts thereof, are stored, bought, sold, accumulated, exchanged, disassembled or handled.

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

17.110.785 Yard.

“Yard” means any area on the same lot with a building or a structure, which area is unoccupied and unobstructed by any structure from the ground upward to the sky.

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

17.110.790 Yard, front.

“Yard, front” or “front yard” means an area extending the full width of the lot between a building and the front (or roadway) lot line, except as specified elsewhere in this title.

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

17.110.795 Yard, rear.

“Yard, rear” or “rear yard” means an open space area extending the full width of the lot between a building and the rear lot line, unoccupied and unobstructed from the ground upward, except as specified elsewhere in this title.

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

17.110.800 Yard, side.

“Yard, side” or “side yard” means an area extending from the front yard to the rear yard between a building and the nearest side lot line, unoccupied and unobstructed from the ground upward, except as specified elsewhere in this title.

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

17.110.805 Zone.

“Zone” means a section or sections of Kitsap County within which the standards governing the use of land, buildings, and premises are uniform, which is provided for in Chapter 17.120.

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