Chapter 15.08 DEFINITIONS

Unless specifically defined in this chapter, words or phrases used in this title shall be interpreted so as to give them the meaning they have in common usage and to give this title its most reasonable application.

(Ord. 80 (1980) § 2 (part), 1980)

15.08.015 Alteration of watercourse.

“Alteration of watercourse” means any action that will change the location of the channel occupied by water within the banks of any portion of a riverine water body.

(Ord. 613 (2022) § 6, 2022)

15.08.020 Appeal.

“Appeal” means a request for a review of the department of community development’s interpretation of any provision of this title or a request for a variance.

(Ord. 80 (1980) § 2 (part), 1980)

15.08.030 Area of shallow flooding.

“Area of shallow flooding” means a designated AO or AH zone on the Flood Insurance Rate Map (FIRM). The base flood depths range from one to three feet; a clearly defined channel does not exist; the path of flooding is unpredictable and indeterminate; and, velocity flow may be evident. AO is characterized as sheet flow and AH indicates ponding.

(Ord. 310 (2003) § 4, 2003: Ord. 80 (1980) § 2 (part), 1980)

15.08.040 Area of special flood hazard.

“Area of special flood hazard” means the land in the floodplain within the county subject to a one percent or greater chance of flooding in any given year. Designations on maps always include the letters A or V. “Special flood hazard area” is synonymous in meaning with the phrase “area of special flood hazard.”

(Ord. 613 (2022) § 7, 2022; Ord. 310 (2003) § 5, 2003: Ord. 80 (1980) § 2 (part), 1980)

15.08.042 ASCE 24.

“ASCE 24” means the most recently published version of ASCE 24, Flood Resistant Design and Construction, published by the American Society of Civil Engineers.

(Ord. 613 (2022) § 8, 2022)

15.08.050 Base flood.

“Base flood,” means the flood having a one percent chance of being equaled or exceeded in any given year. A base flood is also referred to as the “100-year flood.” Designations on maps always include the letters A or V.

(Ord. 310 (2003) § 6, 2003: Ord. 80 (1980) § 2 (part), 1980)

15.08.052 Base flood elevation (BFE).

“Base flood elevation (BFE)” means the elevation to which floodwater is anticipated to rise during the base flood.

(Ord. 613 (2022) § 9, 2022)

15.08.055 Basement.

“Basement” means any area of the building having its floor sub-grade (below ground level) on all sides.

(Ord. 544 (2017) § 2, 2017: Ord. 310 (2003) § 7, 2003)

15.08.060 Breakaway walls.

“Breakaway walls” means a wall that is not part of the structural support of the building and is intended through its design and construction to collapse under specific lateral loading forces, without causing damage to the elevated portion of the building or supporting foundation system.

(Ord. 544 (2017) § 3, 2017: Ord. 80 (1980) § 2 (part), 1980)

15.08.070 Coastal high hazard area.

“Coastal high hazard area” means an area of special flood hazard extending from offshore to the inland limit of a preliminary frontal dune along an open coast and any other area subject to high velocity wave action from storms or seismic sources. The area is designated on the FIRM as Zone V1-30, VE, or V.

(Ord. 544 (2017) § 4, 2017: Ord. 80 (1980) § 2 (part), 1980)

15.08.075 Critical areas.

“Critical areas” means those areas identified in Title 19 as: (a) wetlands; (b) areas with a critical recharging effect on aquifers used for potable water; (c) fish and wildlife habitat conservation areas; (d) geologically hazardous areas; and (e) frequently flooded areas.

(Ord. 544 (2017) § 5, 2017: Ord. 310 (2003) § 8, 2003)

15.08.077 Critical facility.

“Critical facility” is any structure or occupancy that must remain functional during and after a catastrophic event or natural occurrence and is identified as “essential facilities,” “hazardous facilities,” or “special occupancy structures” in Title 14. Critical facilities include (but are not limited to) schools, nursing homes, hospitals, police, fire and emergency response installations, and installations which produce, use, or store hazardous materials or hazardous waste. Even a slight chance of flooding might be too great for this designation of occupancy.

(Ord. 613 (2022) § 10, 2022; Ord. 310 (2003) § 9, 2003)

15.08.078 Cumulative substantial damage.

“Cumulative substantial damage” means when a building is repetitively flooded, and has had two or more claims within a ten-year period requiring any repair, reconstruction or improvement of a structure, the cost of which equals or exceeds fifty percent of the market value of the structure either:

(a) Before the improvement or repair is started; or

(b) If the structure has been damaged and is being restored, before the damage occurred.

(Ord. 527 (2015) § 2, 2015)

15.08.080 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, or storage of equipment or materials located within the area of special flood hazard.

(Ord. 310 (2003) § 10, 2003: Ord. 80 (1980) § 2 (part), 1980)

15.08.085 Elevated building.

“Elevated building” means, for insurance purposes, a non-basement building which has its lowest floor raised above ground level by foundation walls, shear walls, post, piers, pilings, or columns.

(Ord. 310 (2003) § 11, 2003)

15.08.087 Elevation certificate.

“Elevation certificate” means the official current FEMA form used to track development, provide elevation information necessary to ensure compliance with community floodplain management ordinances, and determine the proper insurance premium rate with Section B completed by community officials.

(Ord. 613 (2022) § 11, 2022; Ord. 527 (2015) § 3, 2015)

15.08.090 Existing manufactured home park or subdivision.

“Existing manufactured home park” means a manufactured home park or subdivision for which the construction of facilities for servicing the lot on which the manufactured home is to be affixed (including, at a minimum, the installation of utilities, either final site grading or the pouring of concrete pads, and the construction of streets) is completed before April 14, 1980.

(Ord. 310 (2003) § 12, 2003: Ord. 80 (1980) § 2 (part), 1980)

15.08.100 Expansion to an existing manufactured home park or subdivision.

“Expansion to an existing manufactured home park or subdivision” means the preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, either final site grading or pouring of concrete pads, or the construction of streets).

(Ord. 310 (2003) § 13, 2003: Ord. 80 (1980) § 2 (part), 1980)

15.08.102 Farmhouse.

“Farmhouse” means a single-family dwelling located on a farm site where resulting agricultural products are not produced for the primary consumption or use by the occupants and the farm owner.

(Ord. 613 (2022) § 12, 2022)

15.08.110 Flood, flooding.

“Flood or flooding” means:

A. A general and temporary condition of partial or complete inundation of normally dry land areas from:

1. The overflow of inland or tidal waters.

2. The unusual and rapid accumulation or runoff of surface waters from any source.

3. Mudslides (i.e., mudflows) which are proximately caused by flooding as defined in subsection (A)(2) of this definition and are akin to a river of liquid and flowing mud on the surfaces of normally dry land areas, as when earth is carried by a current of water and deposited along the path of the current.

B. The collapse or subsidence of land along the shore of a lake or other body of water as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of water, accompanied by a severe storm, or by an unanticipated force of nature, such as flash flood or an abnormal tidal surge, or by some similarly unusual and unforeseeable event which results in flooding as defined in subsection (A)(1) of this definition.

(Ord. 613 (2022) § 13, 2022; Ord. 80 (1980) § 2 (part), 1980)

15.08.115 Flood elevation study.

“Flood elevation study” or “flood insurance study (FIS)” means an examination, evaluation and determination of flood hazards and, if appropriate, corresponding water surface elevations, or an examination, evaluation and determination of mudslide (i.e., mudflow) and/or flood-related erosion hazards.

(Ord. 613 (2022) § 14, 2022)

15.08.120 Flood insurance rate map (FIRM).

“Flood insurance rate map” (FIRM) means the official map on which the Federal Insurance Administration has delineated both the areas of special flood hazards and the risk premium zones applicable to the community. A FIRM that has been made available digitally is called a digital flood insurance rate map (DFIRM).

(Ord. 613 (2022) § 15, 2022; Ord. 80 (1980) § 2 (part), 1980)

15.08.130 Flood insurance study.

See “Flood elevation study.”

(Ord. 613 (2022) § 16, 2022; Ord. 80 (1980) § 2 (part), 1980)

15.08.132 Floodplain or flood prone area.

“Floodplain or flood prone area” means any land area susceptible to being inundated by water from any source. See “Flood or flooding.”

(Ord. 613 (2022) § 17, 2022)

15.08.134 Floodplain administrator

“Floodplain administrator” means the department official designated by title to administer and enforce the floodplain management regulations as appointed by a resolution by the Kitsap County board of county commissioners.

(Ord. 613 (2022) § 18, 2022)

15.08.138 Floodproofing.

“Floodproofing” means any combination of structural and nonstructural additions, changes, or adjustments to structures which reduce or eliminate risk of flood damage to real estate or improved real property, water and sanitary facilities, structures, and their contents. Floodproofed structures are those that have the structural integrity and design to be impervious to floodwater below the base flood elevation.

(Ord. 613 (2022) § 19, 2022)

15.08.140 Floodway.

“Floodway” or “regulatory floodway” means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height.

(Ord. 613 (2022) § 20, 2022; Ord. 80 (1980) § 2 (part), 1980)

15.08.150 Habitable floor.

“Habitable floor” means any floor usable for living purposes, which includes working, sleeping, eating, cooking or recreation, or a combination thereof. A floor used only for storage purposes is not a “habitable floor.”

(Ord. 80 (1980) § 2 (part), 1980)

15.08.152 Highest adjacent grade.

“Highest adjacent grade” means the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.

(Ord. 613 (2022) § 21, 2022)

15.08.153 Definitions – Increased cost of compliance claim.

“Increased cost of compliance claim” means a flood insurance claim payment up to $30,000.00 directly to a property owner for the cost to comply with floodplain management regulations after a direct physical loss caused by a flood. Eligibility for an ICC claim can be through a single instance of “substantial damage” or as a result of “cumulative substantial damage.”

(Ord. 527 (2015) § 4, 2015)

15.08.154 Historic structure.

“Historic structure” means any structure that is:

A. Listed individually in the National Register of Historic Places (a listing maintained by the Department of the Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;

B. Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;

C. Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or

D. Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:

1. By an approved state program as determined by the Secretary of the Interior, or

2. Directly by the Secretary of the Interior in states without approved programs.

(Ord. 613 (2022) § 22, 2022)

15.08.155 Lowest floor.

“Lowest floor” means the lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access or storage, in an area other than a basement area, is not considered a building’s lowest floor, provided that such enclosure is not built so as to render the structure in violation of the applicable non-elevation design requirements.

(Ord. 310 (2003) § 14, 2003)

15.08.160 Mean sea level.

“Mean sea level” means the average height of the sea for all stages of the tide.

(Ord. 80 (1980) § 2 (part), 1980)

15.08.170 Manufactured home.

“Manufactured home” is a single-family dwelling built according to the Department of Housing and Urban Development Manufactured Home Construction and Safety Standards Act. A manufactured home includes all associated plumbing, heating, air conditioning, and electrical systems; is built on a permanent chassis; and can be transported in one or more sections with each section at least eight feet wide and forty feet long when transported; or when installed on the site is three hundred twenty square feet or greater. For the purposes of this title only, manufactured home shall also include mobile homes, which are factory-built dwelling units built prior to June 15, 1976 to standards other than the HUD code. Manufactured home does not include recreational vehicles or travel trailers.

(Ord. 310 (2003) § 15, 2003: Ord. 80 (1980) § 2 (part), 1980)

15.08.180 New construction.

“New construction” means structures for which the start of construction commenced on or after the effective date of the ordinance codified in this title.

(Ord. 80 (1980) § 2 (part), 1980)

15.08.190 New manufactured home park or subdivision.

“New manufactured home park or subdivision” means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date of this ordinance.*

(Ord. 310 (2003) § 16, 2003: Ord. 80 (1980) § 2 (part), 1980)

* Editor’s Note: As amended by Ordinance 310 (2003), the effective date referred to in this section is October 13, 2003.

15.08.195 Recreational vehicle.

“Recreational vehicle” means a vehicle built on a single chassis, measured four hundred square feet or less when measured at the largest horizontal projection, designed to be self-propelled or permanently towable by a light duty truck; and designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.

(Ord. 527 (2015) § 5, 2015: Ord. 310 (2003) § 17, 2003)

15.08.200 Start of construction.

“Start of construction” means the date that the first placement of permanent construction, reconstruction or repair occurs, provided the actual start of construction, repair, reconstruction, placement or other improvement was within 180 days of the permit date. Permanent construction is work such as the pouring of a slab or footings, the installation of piles, the construction of columns, the placement of a manufactured home, or any work beyond the stage of excavation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets, driveways, or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not part of the main structure. For substantial improvement, the start of construction shall be the first alteration of any wall, floor, ceiling, or other structural part of a building, whether or not the alteration affects the external dimensions of the building.

(Ord. 310 (2003) § 18, 2003: Ord. 80 (1980) § 2 (part), 1980)

15.08.210 Structure.

“Structure” means a walled and roofed building either site built or moved onto the property. Also included in this definition is a gas or liquid storage tank that is principally above ground.

(Ord. 613 (2022) § 23, 2022; Ord. 80 (1980) § 2 (part), 1980)

15.08.212 Subgrade crawl space.

“Subgrade crawl space” means any enclosed area of a building located below the “lowest floor” where any portion of the finished ground level or under-floor grade is located lower than the outside finished grade or ground level. “Subgrade crawl space” does not include under-floor spaces where the finished ground level of the under-floor space is equal to or higher than the outside finished ground level.

(Ord. 310 (2003) § 19, 2003)

15.08.215 Substantial damage.

“Substantial damage” means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before-damage condition would equal or exceed 50% of the market value of the structure before the damage occurred.

(Ord. 310 (2003) § 20, 2003)

15.08.220 Substantial improvement.

“Substantial improvement” means any repair, reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds fifty percent of the market value of the structure before the “start of construction” of the improvement. This term includes structures which have incurred “substantial damage,” regardless of the actual repair work performed. The term does not, however, include either:

A. Any project for improvement of a structure to correct previously identified existing violations of state or local health, sanitary, or safety code specifications that have been identified by the local code enforcement official and that are the minimum necessary to assure safe living conditions; or

B. Any alteration of a “historic structure”; provided, that the alteration will not preclude the structure’s continued designation as a “historic structure.”

For the purposes of this definition, “substantial improvement” is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure.

(Ord. 613 (2022) § 24, 2022; Ord. 527 (2015) § 6, 2015: Ord. 80 (1980) § 2 (part), 1980)

15.08.230 Variance.

“Variance” means a grant of relief from the requirements of this title which permits construction in a manner that would otherwise be prohibited by this title.

(Ord. 80 (1980) § 2 (part), 1980)

15.08.235 Water dependent.

“Water dependent” means a use or portion of a use which requires direct contact with the water and cannot exist at a non-water location due to the intrinsic nature of its operation. Examples of water-dependent uses 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. 310 (2003) § 21, 2003)