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)

17.110.017 Accessory dwelling unit, attached.

“Accessory dwelling unit, attached” means a separate dwelling unit contained within, or directly connected by a minimum of four feet to the habitable space of, the primary residence. Alternate configurations shall not be allowed as an accessory dwelling unit, attached.

(Ord. 611 (2022) § 5, 2022)

17.110.020 Accessory dwelling unit, detached.

“Accessory dwelling unit, detached” means a separate dwelling unit that does not meet the definition of Section 17.110.017, Accessory dwelling unit, attached. No mobile home or recreational vehicle shall be considered an accessory dwelling unit. This definition excludes guest houses.

(Ord. 611 (2022) § 6, 2022; Ord. 534 (2016) § 7(5) (App. E) (part), 2016)

17.110.025 (Repealed)*

* Editor’s Note: Former Section 17.110.025, “Accessory living quarters,” was repealed by Section 7 of Ordinance 611 (2022). Subsection 7(5) (App. E) (part) of Ordinance 534 (2016) was formerly codified in this section.

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)

17.110.043 Adult entertainment.

“Adult entertainment” means any enterprise whose primary emphasis is any activity defined in Chapter 10.52.

(Ord. 611 (2022) § 8, 2022)

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 to a number of persons consistent with the state definition.

(Ord. 611 (2022) § 9, 2022; Ord. 534 (2016) § 7(5) (App. E) (part), 2016)

17.110.050 Aggregate extraction sites.

“Aggregate extraction sites” means a use involving on-site extraction of surface or subsurface mineral resources. Typical uses are quarries, borrow pits, sand and gravel operations, mining, and soil mining. Extraction may require drilling or blasting prior to the processing or rock crushing.

(Ord. 611 (2022) § 10, 2022; Ord. 536 (2016) § 1 (App. A): Ord. 534 (2016) § 7(5) (App. E) (part), 2016)

17.110.053 Airport.

“Airport” means any area of land designated, set aside, used, or intended for the takeoff and landing of aircraft. Airports may include support services and accessory uses such as runways, taxiways, aircraft fuel storage and pumping facilities, aircraft hangars and tie-down areas, air traffic control facilities, informational facilities and devices, terminal buildings, and aviation instruction facilities.

(Ord. 611 (2022) § 11, 2022)

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 (Repealed)*

* Editor’s note: Former Section 17.110.057, “Alternative technology,” was repealed by Ordinance 570 (2019). Subsection 7(5) (App. E) (part) of Ordinance 534 (2016) was formerly codified in this section.

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)

17.110.073 Antenna.

“Antenna” means an apparatus designed for the purpose of emitting radio frequency (RF) radiation, to be operated or operating from a fixed location pursuant to commission authorization, for the transmission of writing, signs, signals, data, images, pictures, and sounds of all kinds, including the transmitting device and any on-site equipment, switches, wiring, cabling, power sources, shelters or cabinets associated with that antenna and added to a tower, structure, or building as part of the original installation of the antenna. For most services, an antenna will be mounted on or in, and is distinct from, a supporting structure such as a tower, structure or building. However, in the case of AM broadcast stations, the entire tower or group of towers constitutes the antenna for that station. For purposes of this section, the term “antenna” does not include unintentional radiators, mobile stations, or devices authorized under CFR Title 15.

(Ord. 570 (2019) § 6, 2019)

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)

17.110.086 Aquarium, arboretum, botanical garden, zoo.

“Aquarium, arboretum, botanical garden, zoo” means an establishment that preserves and exhibits live plant and animal displays for viewing by the public.

(Ord. 611 (2022) § 12, 2022)

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)

17.110.089 Assisted or independent living facility.

“Assisted or independent living facility” means a facility, other than a clinic, that provides room, board, and/or care to dependent children, the elderly, and the physically or mentally handicapped. Services in these establishments include, but are not limited to, assistance with dressing, grooming, and bathing. Assisted and independent facilities may have a central or private kitchen, dining, recreational, and other facilities, with separate bedrooms or living quarters.

(Ord. 611 (2022) § 13, 2022)

17.110.090 (Repealed)*

* Editor’s Note: Former Section 17.110.090, “Automobile repair,” was repealed by Section 14 of Ordinance 611 (2022). Subsection 7(5) (App. E) (part) of Ordinance 534 (2016) was formerly codified in this section.

17.110.091 Auction house.

“Auction house” means a structure or enclosure where goods or livestock are sold by auction.

(Ord. 611 (2022) § 15, 2022)

17.110.092 Automobile, recreational vehicle or boat rentals.

“Automobile, recreational vehicle or boat rentals” means a facility that rents or leases automobiles, light trucks, vans, recreational vehicles, or boats, including incidental parking and servicing of vehicles for rent or lease. This definition includes ride-share facilities such as Zipcar.

(Ord. 611 (2022) § 16, 2022)

17.110.094 Automobile or recreational vehicle repair.

“Automobile or recreational vehicle repair” means a facility used for the replacement of parts, motor service, rebuilding or reconditioning of engines, painting, upholstering, detailing, or cleaning motor vehicles, recreational vehicles or trailers.

(Ord. 611 (2022) § 17, 2022)

17.110.095 (Repealed)*

* Editor’s Note: Former Section 17.110.095, “Automobile service station,” was repealed by Section 19 of Ordinance 611 (2022). Subsection 7(5) (App. E) (part) of Ordinance 534 (2016) was formerly codified in this section.

17.110.096 Automobile, recreational vehicle, or boat sales.

“Automobile, recreational vehicle or boat sales” means a facility that sells or leases automobiles, light trucks, vans, recreational vehicles, or boats, including incidental parking and servicing of vehicles for sale or lease.

(Ord. 611 (2022) § 18, 2022)

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)

17.110.103 Base station.

“Base station” means the equipment and nontower supporting structure at a fixed location that enables FCC-licensed or authorized wireless communications between user equipment and a communications network.

(Ord. 570 (2019) § 7, 2019)

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 any number of guest rooms and not occupied as a single-family unit. The owner of the property is typically not on site in a boarding house.

(Ord. 611 (2022) § 20, 2022; 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)

17.110.147 Campground.

“Campground” 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 tents for vacation or other similar transient, short-stay purposes.

(Ord. 611 (2022) § 21, 2022)

17.110.149 Car washes.

“Car washes” means the use of a site for washing and cleaning of passenger vehicles, recreational vehicles, or other light duty equipment.

(Ord. 611 (2022) § 22, 2022)

17.110.150 Caretaker’s dwelling.

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

(Ord. 611 (2022) § 23, 2022; 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)

17.110.156 Carrier.

“Carrier” means a telecommunications company that offers telecommunication services (as defined in 47 U.S.C. §153(53)) to users of wireless devices through radio frequency signals. Synonymous terms are “mobile service provider,” “wireless service provider,” “wireless carrier” or “mobile carrier.”

(Ord. 570 (2019) § 8, 2019)

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 (Repealed)*

* Editor’s Note: Former Section 17.110.160, “Clinic,” was repealed by Section 24 of Ordinance 611 (2022). Subsection 7(5) (App. E) (part) of Ordinance 534 (2016) was formerly codified in this section.

17.110.161 Case management.

See Section 17.505.020(A), Case management.

(Ord. 611 (2022) § 25, 2022)

17.110.163 Cemeteries.

“Cemeteries” means land and associated buildings and structures used for burial or funerary uses. This includes columbaria and mausoleums.

(Ord. 611 (2022) § 26, 2022)

17.110.164 Clinic.

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

(Ord. 611 (2022) § 27, 2022. Formerly 17.110.160)

17.110.165 Club.

“Club” means a place where an association of persons or 501(c)(3) nonprofits organized for some common purpose meet. This definition may include a clubhouse.

(Ord. 611 (2022) § 28, 2022; Ord. 534 (2016) § 7(5) (App. E) (part), 2016)

17.110.166 Clubhouse.

“Clubhouse” means the structure or premises occupied by a club and its staff. This definition excludes places of worship and groups organized primarily for commercial business purposes.

(Ord. 611 (2022) § 29, 2022)

17.110.167 College.

“College” means a higher education college or university primarily engaged in teaching and research, and usually comprised of multiple educational buildings within a campus setting.

(Ord. 611 (2022) § 30, 2022)

17.110.168 Collocation.

“Collocation” means the use or addition of one or more wireless communications facilities on any existing structure, whether or not already used as a wireless communication facility.

(Ord. 570 (2019) § 9, 2019; 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 (Repealed)*

* Editor’s Note: Former Section 17.110.171, “Comprehensive plan,” was repealed by Section 31 of Ordinance 611 (2022). Subsection 7(5) (App. E) (part) of Ordinance 534 (2016) was formerly codified in this section.

17.110.172 Composting.

“Composting” means any commercial operation involving the processing of waste in a controlled environment to produce a stable product by microbiologically degrading organic matter under aerobic conditions and is for use on property other than that on which the composting is performed.

(Ord. 611 (2022) § 32, 2022)

17.110.173 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. 611 (2022) § 33, 2022. Formerly 17.110.171)

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 primarily intended for conferences, meetings, and retreats that may provide overnight accommodations. Conference centers may include facilities such as dining and banquet rooms, recreation rooms and other amenities.

(Ord. 611 (2022) § 34, 2022; 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 used for development, grading, grubbing, construction, landscaping or related activities is stored. 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. 611 (2022) § 35, 2022; 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 facility other than a private residence in which any number of children are cared for during some portion of a twenty-four-hour period.

(Ord. 611 (2022) § 36, 2022; Ord. 550 (2018) § 9, 2018: Ord. 534 (2016) § 7(5) (App. E) (part), 2016)

17.110.205 Day-care center, home-based.

“Day-care center, home-based” means a private residence in which not more than six children are cared for during some portion of a twenty-four-hour period.

(Ord. 611 (2022) § 37, 2022; 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 (Repealed)*

* Editor’s Note: Former Section 17.110.223, “Directional panel antenna,” was repealed by Ordinance 570 (2019). Subsection 7(5) (App. E) (part) of Ordinance 534 (2016) was formerly codified in this section.

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 Dispatch facility.

“Dispatch facility” means a privately owned facility for the storage, dispatch, and maintenance of vehicles such as ambulances, taxis, or shuttles. A dispatch facility does not include storage for ride-share or rental vehicles.

(Ord. 611 (2022) § 38, 2022)

17.110.227 Distributed antenna systems.

“Distributed antenna systems” means network of spatially separated antenna sites connected to a common source that provides wireless service within a geographic area or structure.

(Ord. 570 (2019) § 10, 2019)

17.110.228 Dormitory.

“Dormitory” means a college or university building that provides boarding school, college, or university students with sleeping quarters, common bathrooms, common rooms, and may include a dining area and cafeteria.

(Ord. 611 (2022) § 39, 2022)

17.110.229 Drinking establishments.

“Drinking establishments” means a business primarily engaged in the retail sale of alcoholic beverages for consumption on the premises, including nightclubs, 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).

(Ord. 611 (2022) § 40, 2022; Ord. 570 (2019) § 11, 2019; Ord. 534 (2016) § 7(5) (App. E) (part), 2016. Formerly 17.110.228)

17.110.240 (Repealed)*

* Editor’s Note: Former Section 17.110.240, “Dwelling, single-family attached,” was repealed by Section 41 of Ordinance 611 (2022). Subsection 7(5) (App. E) (part) of Ordinance 534 (2016) was formerly codified in this section.

17.110.242 (Repealed)*

* Editor’s Note: Former Section 17.110.242, “Dwelling, single-family detached,” was repealed by Section 42 of Ordinance 611 (2022). Subsection 7(5) (App. E) (part) of Ordinance 534 (2016) was formerly codified in this section.

17.110.245 Duplex.

“Duplex” means a building on a single lot containing two dwelling units and designed for occupancy by not more than two families.

(Ord. 611 (2022) § 43, 2022; Ord. 534 (2016) § 7(5) (App. E) (part), 2016)

17.110.250 Electric vehicle charging space.

“Electric vehicle charging space” means a parking space specifically for the use of an electric vehicle while charging at an electric vehicle charging station.

(Ord. 620 (2023) § 5, 2023)

17.110.251 Electric vehicle infrastructure.

“Electric vehicle infrastructure” means all of the electrical supply equipment and its associated installation requirements for an electric vehicle charging station, excepting the equipment to transfer energy to an electric vehicle.

(Ord. 620 (2023) § 6, 2023)

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 outside of an approved RV park.

(Ord. 611 (2022) § 45, 2022; Ord. 534 (2016) § 7(5) (App. E) (part), 2016)

17.110.256 Electric vehicle charging station.

“Electric vehicle charging station” means a battery charging station with equipment that transfers electric energy (by conductive or inductive means) to a battery or other energy storage device in an electric vehicle.

(Ord. 611 (2022) § 46, 2022)

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)

17.110.261 Entertainment facility, indoor.

“Entertainment facility, indoor” means an indoor facility designed and equipped for the conduct of leisure-time activities and which is entirely enclosed within a building or structure. Examples include, but are not limited to, movie/performance theaters, museums, art galleries, and cultural exhibits. This definition excludes adult entertainment uses.

(Ord. 611 (2022) § 47, 2022)

17.110.262 Entertainment facility, outdoor.

“Entertainment facility, outdoor” means an open or partially enclosed facility designed and equipped for the conduct of leisure-time activities, such as an outdoor movie/performance theater. This definition excludes adult entertainment uses.

(Ord. 611 (2022) § 48, 2022)

17.110.263 Equipment sales, rentals and repair, heavy.

“Equipment sales, rentals and repair, heavy” means an establishment providing the sales, rentals, and repair of construction and heavy equipment and similar goods and equipment. The use includes storage and incidental maintenance but does not include an automobile rental facility.

(Ord. 611 (2022) § 49, 2022)

17.110.264 Equipment sales, rentals and repair, light.

“Equipment sales, rentals and repair, light” means an establishment providing the sales, rentals, and repair of tools, lawn and garden equipment, household equipment, party supplies, and similar goods and equipment. The use includes storage and incidental maintenance but does not include an automobile rental facility.

(Ord. 611 (2022) § 50, 2022)

17.110.265 (Repealed)*

* Editor’s Note: Former Section 17.110.265, “Exotic animal,” was repealed by Section 53 of Ordinance 611 (2022). Subsection 7(5) (App. E) (part) of Ordinance 534 (2016) was formerly codified in this section.

17.110.266 Equipment sales, rentals and repair, recreational.

“Equipment sales, rentals and repair, recreational” means an establishment providing the sales, rental, or repair of recreational equipment. The use includes associated storage and incidental maintenance. Examples include, but are not limited to, kayaks, rafts, paddleboards, bikes, electric bikes and scooters, and ATVs.

(Ord. 611 (2022) § 51, 2022)

17.110.267 Espresso stands.

“Espresso stands” means a retail food business in a freestanding building that sells coffee or other beverages and premade baked goods from a drive-through or walk-up window for consumption off the premises and that provides no indoor or outdoor seating.

(Ord. 611 (2022) § 52, 2022)

17.110.268 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. 611 (2022) § 54, 2022; Ord. 534 (2016) § 7(5) (App. E) (part), 2016. Formerly 17.110.265)

17.110.269 Event facility.

“Event facility” means a facility or site where private or public events, such as weddings, musical performances, parties, reunions, fairs, markets, bazaars, retreats, or conferences, are conducted in exchange for compensation and that are not part of a larger venue, such as a hotel, resort, or conference center.

(Ord. 611 (2022) § 55, 2022)

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 living.

(Ord. 611 (2022) § 56, 2022; Ord. 534 (2016) § 7(5) (App. E) (part), 2016)

17.110.271 Family living.

“Family living” means the residential occupancy of a structure by a family. Each dwelling unit includes kitchen and bathroom facilities. Family living includes the following dwelling types:

A. Manufactured home, mobile home, tiny home;

B. Single-family detached (includes manufactured homes);

C. Single-family attached, condominium or townhome;

D. Multiple-family; or

E. Group home.

(Ord. 611 (2022) § 57, 2022)

17.110.272 (Repealed)*

* Editor’s Note: Former Section 17.110.272, “Fitness center,” was repealed by Section 58 of Ordinance 611 (2022). Subsection 5 of Ordinance 541 (2017) was formerly codified in this section.

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)

17.110.278 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. 611 (2022) § 59, 2022; Ord. 541 (2017) § 5, 2017. Formerly 17.110.272)

17.110.279 Food and beverage production.

“Food and beverage production” means an establishment that transforms animal and plant products for intermediate or final consumption; or they manufacture beverages. These products are typically sold to wholesalers or retailers. Beverage manufacturing includes the manufacture of nonalcoholic beverages and alcoholic beverages.

(Ord. 611 (2022) § 60, 2022)

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)

17.110.291 Fuel distributors.

“Fuel distributors” means a facility for the storage of fuels or other volatile products and for their distribution to retail sales facilities or other bulk purchasers, regardless of ownership.

(Ord. 611 (2022) § 61, 2022)

17.110.292 Fuel or charging station, with convenience store.

“Fuel or charging station, with convenience store” means a facility that provides gasoline and/or diesel fuel, electric vehicle charging stations to retail consumers with a facility that sells convenience goods as a secondary activity and may have an accessory car wash limited to a single-passenger vehicle capacity.

(Ord. 611 (2022) § 62, 2022)

17.110.293 Fuel or charging station, without convenience store.

“Fuel or charging station, without convenience store” means a facility that provides gasoline and/or electric charging stations to retail consumers.

(Ord. 611 (2022) § 63, 2022)

17.110.294 Funeral home.

“Funeral home” means a building or part thereof used for human funeral services. Such building may contain space and facilities for (1) embalming and the performance of other services used in the preparation of the dead for burial; (2) the performance of autopsies and related surgical procedures; (3) the storage of caskets, funeral urns, and other related funeral supplies; (4) storage of funeral vehicles; and (5) facilities for cremation.

(Ord. 611 (2022) § 64, 2022)

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 retail merchandise stores.

“General retail 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; auto parts and accessories; pet supplies; apparel; arts and crafts; and sporting goods.

(Ord. 611 (2022) § 65, 2022; 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; engineering and construction firms with no outdoor storage; financial, banking, mortgage and title institutions; and other similar business services. This term also includes the administrative offices for businesses whose primary activity may be a nonoffice use conducted elsewhere.

(Ord. 611 (2022) § 66, 2022; 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)

17.110.304 Government/public structure.

“Government/public structure” means a building or structure owned, operated, or occupied by a governmental agency to provide one or more governmental services to the public.

(Ord. 611 (2022) § 67, 2022)

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)

17.110.316 Group home.

“Group home” means a dwelling unit containing up to eight unrelated persons who are mentally or physically impaired who are protected under the Fair Housing Act, along with support or supervisory personnel or family members who may reside at the facility.

A. The term “mental or physical impairment” includes conditions such as blindness, hearing impairment, mobility impairment, HIV infection, alcoholism, drug addiction, chronic fatigue, learning disability, head injury, cognitive impairment, memory loss, and mental illness.

B. Current users of illegal controlled substances, persons convicted for illegal manufacture or distribution of a controlled substance, sex offenders, and juvenile offenders are not considered mentally or physically impaired under the Fair Housing Act.

(Ord. 611 (2022) § 68, 2022)

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)

17.110.318 Group living.

“Group living” means the residential occupancy of a structure that does not meet the definition of family living. Generally, group living facilities have a common eating area for residents, and residents may receive care or training. Group living includes the following:

A. Assisted living facility.

B. Boarding house, rooming house, or lodging house.

C. Congregate care facility.

D. Dormitory.

E. Hospice.

F. Monastery or convent.

G. Independent living facility.

H. Shelter, nontransitory accommodation.

I. Skilled nursing care facility, memory care, convalescent or rest home.

(Ord. 611 (2022) § 69, 2022)

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)

17.110.333 Helicopter pads.

“Helicopter pads” means an area on a roof or on the ground used for the takeoff and landing of helicopters for the purpose of loading or unloading passengers or cargo but not including fueling service, hangars, maintenance or overhaul facilities.

(Ord. 611 (2022) § 70, 2022)

17.110.335 High-risk secured facility.

“High-risk secured facility” means a facility that provides court-ordered housing, supervision and twenty-four-hour security, and coordinates treatment services for persons who are found by the court to be a “sexually violent predator” or pose a likelihood of serious harm to others as defined in RCW 71.05.020 and are civilly committed to a less restrictive alternative as defined in state law. Such facilities accommodate two or more persons placed by the court plus treatment and support staff. A high-risk secured facility does not include:

A. Secure community transition facilities proposed under the authority of, and consistent with, the provisions of Chapter 71.09 RCW; or

B. Nursing homes, assisted living facilities, or adult family homes that become licensed as enhanced services facilities as defined in RCW 70.97.060(4).

(Ord. 574 (2019) § 5, 2019)

17.110.340 High capacity transit station area.

“High capacity transit station areas” include only those portions of urban growth areas within:

A. One-half mile of the following public ferry terminals:

1. Kingston – Washington State Ferry and Kitsap Transit Fast Ferry (see boundary in Chapter 17.700, Appendix E1).

(Ord. 587 (2020) § 9(1) (Att. 1) (part), 2020)

17.110.345 Home business.

“Home business” means a commercial or industrial use, conducted entirely within a dwelling or an accessory structure, that is clearly secondary to the residential use.

(Ord. 611 (2022) § 71, 2022; 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)

17.110.361 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 and vacation rentals.

(Ord. 611 (2022) § 72, 2022; Ord. 534 (2016) § 7(5) (App. E) (part), 2016. Formerly 17.110.365)

17.110.362 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. 611 (2022) § 74, 2022; Ord. 534 (2016) § 7(5) (App. E) (part), 2016. Formerly 17.110.366)

17.110.363 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. 611 (2022) § 76, 2022; Ord. 540 (2016) § 19, 2016; Ord. 534 (2016) § 7(5) (App. E) (part), 2016. Formerly 17.110.367)

17.110.364 Indoor transitory accommodations.

See Section 17.505.040(E), Indoor transitory accommodation.

(Ord. 611 (2022) § 78, 2022)

17.110.365 (Repealed)*

* Editor’s Note: Former Section 17.110.365, “Hotel/motel,” was repealed by Section 73 of Ordinance 611 (2022). Subsection 7(5) (App. E) (part) of Ordinance 534 (2016) was formerly codified in this section.

17.110.366 (Repealed)*

* Editor’s Note: Former Section 17.110.366, “Immediate vicinity,” was repealed by Section 75 of Ordinance 611 (2022). Subsection 7(5) (App. E) (part) of Ordinance 534 (2016) was formerly codified in this section.

17.110.367 (Repealed)*

* Editor’s Note: Former Section 17.110.367, “Impervious surface,” was repealed by Section 77 of Ordinance 611 (2022). Subsection 7(5) (App. E) (part) of Ordinance 534 (2016) and Section 19 of Ordinance 540 (2016) were formerly codified in this section.

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 meeting at least three of the following requirements:

(a) Is three years old or older;

(b) Is extensively damaged, such damage including, but not limited to, any of the following: a buildup of debris that obstructs use, broken window or windshield; missing wheels, tires, tail/headlights, or bumpers; missing or nonfunctional motor or transmission; or body damage;

(d) Has an approximate fair market value equal only to the approximate value of the scrap in it.

“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. 550 (2018) § 10, 2018: Ord. 534 (2016) § 7(5) (App. E) (part), 2016)

17.110.370 Junkyard.

“Junkyard” 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)

17.110.385 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 this title are met.

(Ord. 611 (2022) § 79, 2022; Ord. 540 (2016) § 21, 2016; Ord. 534 (2016) § 7(5) (App. E) (part), 2016. Formerly 17.110.390)

17.110.388 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. 611 (2022) § 81, 2022; Ord. 534 (2016) § 7(5) (App. E) (part), 2016. Formerly 17.110.392)

17.110.390 (Repealed)*

* Editor’s Note: Former Section 17.110.390, “Landscaping,” was repealed by Section 80 of Ordinance 611 (2022). Subsection 7(5) (App. E) (part) of Ordinance 534 (2016) and Section 21 of Ordinance 540 (2016) were formerly codified in this section.

17.110.391 Large transitory accommodations.

See Section 17.505.040(C), Large transitory accommodation.

(Ord. 611 (2022) § 83, 2022)

17.110.392 (Repealed)*

* Editor’s Note: Former Section 17.110.392, “Large on-site sewage system (LOSS),” was repealed by Section 82 of Ordinance 611 (2022). Subsection 7(5) (App. E) (part) of Ordinance 534 (2016) was formerly codified in this section.

17.110.393 Lattice support structure.

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

(Ord. 570 (2019) § 12, 2019; 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, lakes, streams, and lands covered regularly or continuously by water (ordinary high water mark), except as otherwise provided in code, as well as 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. 617 (2022) § 10, 2022; 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 (Repealed)*

* Editor’s Note: Former Section 17.110.463, “Macro antenna array,” was repealed by Ordinance 570 (2019). Subsection 23 of Ordinance 540 (2016) and § 7(5) (App. E) (part) of Ordinance 534 (2016) were formerly codified in this section.

17.110.464 Lumber and bulky building material sales.

“Lumber and bulky building material sales” means an establishment providing the sale of building supplies, construction equipment, or home decorating fixtures and accessories. This includes lumber yards.

(Ord. 611 (2022) § 84, 2022)

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)

17.110.467 Manufactured/mobile/RV/park model/tiny home parks.

“Manufactured/mobile/RV/park model/tiny home parks” means a parcel of land which has been planned and improved for the placement of manufactured homes, recreational vehicles, tiny homes, and/or park models, including hookup facilities, for permanent residential use. Accessory uses often include bathing and laundry uses.

(Ord. 611 (2022) § 85, 2022)

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)

17.110.472 Manufactured home, mobile home, park model and tiny home sales.

“Manufactured home, mobile home, park model and tiny home sales” means an establishment where manufactured homes, park models, and tiny homes are sold and/or stored for the purpose of sale directly to the public.

(Ord. 611 (2022) § 86, 2022)

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. This includes assembly and packing operations as defined in Section 17.110.087.

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 result 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. 611 (2022) § 87, 2022; Ord. 534 (2016) § 7(5) (App. E) (part), 2016)

17.110.474 Cannabis.

“Cannabis” means all parts of the plant Cannabis, whether growing or not, with a THC concentration greater than 0.3 percent on a dry weight basis; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin. The term does not include (1) the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination; or (2) hemp or industrial hemp as defined in RCW 15.140.020, seeds used for licensed hemp production under Chapter 15.140 RCW. Where this definition conflicts with RCW 69.50.101, as now or hereafter amended, that in state law shall govern.

(Ord. 617 (2022) § 12, 2022; Ord. 611 (2022) § 88, 2022)

17.110.475 Cannabis processor.

“Cannabis processor” means a person licensed by the Washington State Liquor and Cannabis Board to process cannabis into cannabis concentrates, usable cannabis, and cannabis-infused products, package and label cannabis concentrates, usable cannabis, and cannabis-infused products for sale in retail outlets, and sell cannabis concentrates, usable cannabis, and cannabis-infused products at wholesale to cannabis retailers. Where this definition conflicts with RCW 69.50.101, as now or hereafter amended, that in state law shall govern.

(Ord. 617 (2022) § 13, 2022; Ord. 611 (2022) § 89, 2022)

17.110.476 Cannabis producer.

“Cannabis producer” means a person licensed by the Washington State Liquor and Cannabis Board to produce and sell cannabis at wholesale to cannabis processors and other cannabis producers. Where this definition conflicts with RCW 69.50.101, as now or hereafter amended, that in state law shall govern.

(Ord. 617 (2022) § 14, 2022; Ord. 611 (2022) § 90, 2022)

17.110.477 Cannabis-infused products.

“Cannabis-infused products” means products that contain cannabis or cannabis extracts and are intended for human use, are derived from cannabis and have a THC concentration no greater than ten percent. The term “cannabis-infused products” does not include usable cannabis or cannabis concentrates. Where this definition conflicts with RCW 69.50.101, as now or hereafter amended, that in state law shall govern.

(Ord. 617 (2022) § 15, 2022; Ord. 611 (2022) § 91, 2022)

17.110.478 Cannabis retailer.

“Cannabis retailer” means a person licensed by the Washington State Liquor and Cannabis Board to sell cannabis concentrates, usable cannabis, and cannabis-infused products in a retail outlet. Where this definition conflicts with RCW 69.50.101, as now or hereafter amended, that in state law shall govern.

(Ord. 617 (2022) § 16, 2022; Ord. 611 (2022) § 92, 2022)

17.110.480 Marina.

“Marina” means a public or private facility which for compensation provides water-dependent wet moorage for ten or more motorized vessels, whether personal or commercial, and generally including goods or services related to boating. Marinas also include wet moorage facilities where boat moorage slips may be leased or rented to individuals who are not a member owner of an associated residential development. Launching facilities and/or dry dock storage may also be provided. Marinas may be open to the general public or restricted on the basis of property ownership or membership.

(Ord. 611 (2022) § 93, 2022; Ord. 534 (2016) § 7(5) (App. E) (part), 2016. Formerly 17.110.475)

17.110.482 Marina support services.

“Marina support services” means a use of land involved in the operation of a marina including structures and activities normally integral to the operation of a marina, such as servicing, fueling, pumping-out, chartering, launching, and dry storage of boats and boating equipment, and restaurants or other services serving the patrons of the marina.

(Ord. 611 (2022) § 94, 2022)

17.110.483 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. 611 (2022) § 95, 2022; Ord. 534 (2016) § 7(5) (App. E) (part), 2016. Formerly 17.110.477)

17.110.484 Minimum functional height.

“Minimum functional height” means the shortest height at which a proposed wireless communications facility can perform its intended function, including communications and collocation. Minimum functional height is measured vertically from the ground level to the highest point on the structure, including antennas and subsequent alterations.

(Ord. 570 (2019) § 13, 2019)

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 (Repealed)*

* Editor’s Note: Former Section 17.110.493, “Mobile home park,” was repealed by Section 96 of Ordinance 611 (2022). Subsection 7(5) (App. E) (part) of Ordinance 534 (2016) was formerly codified in this section.

17.110.494 Modification.

“Modification” means any change made to an existing wireless communications facility (facility). A modification constitutes a substantial change if (1) the change to the facility meets the definition of “substantial change” herein provided; (2) the change would defeat the existing concealment elements of the facility; or (3) the change does not comply with pre-existing conditions associated with the prior approval of construction or modification of the facility.

(Ord. 570 (2019) § 14, 2019)

17.110.503 Monopole.

“Monopole” means a wireless communications facility that consists of a single pole structure designed and erected on the ground or on top of a structure to support communications antennas and connecting appurtenances.

(Ord. 570 (2019) § 15, 2019; Ord. 534 (2016) § 7(5) (App. E) (part), 2016)

17.110.504 Multiple-family.

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

(Ord. 611 (2022) § 97, 2022)

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 (Repealed)*

* Editor’s Note: Former Section 17.110.530, “Nursing or rest home,” was repealed by Section 98 of Ordinance 611 (2022). Subsection 7(5) (App. E) (part) of Ordinance 534 (2016) was formerly codified in this section.

17.110.531 Off-street parking facilities.

“Off-street parking facilities” means a site, or portion of a site, devoted to the off-street parking of vehicles, including parking spaces, aisles, access drives, and landscaped areas.

(Ord. 611 (2022) § 99, 2022)

17.110.532 Off-street parking facilities, structured.

“Structured off-street parking facilities” means a structure or portion thereof composed of one or more levels or floors used exclusively for the parking or storage of motor vehicles. A parking structure may be below grade, at grade, or above grade with those levels being either open or enclosed.

(Ord. 611 (2022) § 100, 2022)

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 (Repealed)*

* Editor’s Note: Former Section 17.110.547, “Parabolic antenna,” was repealed by Ordinance 570 (2019). Subsection 7(5) (App. E) (part) of Ordinance 534 (2016) was formerly codified in this section.

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)

17.110.567 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. 587 (2020) § 9(1) (Att. 1) (part), 2020: Ord. 534 (2016) § 7(5) (App. E) (part), 2016. Formerly 17.110.570)

17.110.568 Pedestrian-oriented facade.

“Pedestrian-oriented facade” means the ground floor frontage of a building design, which offers an interesting appearance to attract pedestrian interest in the locality and encourages pedestrian access.

(Ord. 587 (2020) § 9(1) (Att. 1) (part), 2020)

17.110.569 Pedestrian-oriented space/plaza.

“Pedestrian-oriented space/plaza” means the area between a building and a public street or pedestrian path that promotes visual and pedestrian access onto the site and that provides amenities and landscaping to enhance the public’s use of the space for passive activities, such as resting, reading, picnicking, and window shopping. The area should be visible from the public right-of-way and accessible to pedestrians, including those with handicaps.

(Ord. 587 (2020) § 9(1) (Att. 1) (part), 2020)

17.110.570 Pedestrian-friendly street.

“Pedestrian-friendly street” means any street designed for safe use by both pedestrians and vehicles. A pedestrian-friendly street includes sidewalks or walkways, landscaping, lighting, and other street amenities benefiting pedestrians.

(Ord. 587 (2020) § 9(1) (Att. 1) (part), 2020)

17.110.571 Pedestrian walkways.

“Pedestrian walkways” means formal standardized public walkways and informal paths worked into a site’s landscape design that provide a means for pedestrians to travel through the community along street sidewalks or other public routes.

(Ord. 587 (2020) § 9(1) (Att. 1) (part), 2020)

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)

17.110.583 Personal services.

“Personal services” means an establishment providing frequent or recurrent needed services of a personal nature. Typical uses include, but are not limited to, barber shops, beauty salons and spas, personal laundry and dry cleaning, massage services and pet grooming.

(Ord. 611 (2022) § 101, 2022)

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, agricultural livestock, or nonraptor bird.

(Ord. 611 (2022) § 102, 2022; 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, stormwater infrastructure, sanitary sewer systems, pump houses, waste handling facilities designated as public facilities in the comprehensive solid waste management plan, public works storage facilities and road sheds, and utilities such as power, fiber-optic, gas, phone and cable television. This does not include wireless communication facilities as defined in this title.

(Ord. 611 (2022) § 103, 2022; 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 (Repealed)*

* Editor’s Note: Former Section 17.110.643, “Race track, major,” was repealed by Section 104 of Ordinance 611 (2022). Subsection 7(5) (App. E) (part) of Ordinance 534 (2016) and Section 32 of Ordinance 540 (2016) were formerly codified in this section.

17.110.644 Racetrack.

“Racetrack” 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. 611 (2022) § 105, 2022; 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, multi-generational play and stretching equipment, a paved sports court, children’s play equipment, exercise fitness trail, community garden or gathering area with water service or similar facility.

(Ord. 550 (2018) § 11, 2018: Ord. 534 (2016) § 7(5) (App. E) (part), 2016)

17.110.647 Recreational facility, indoor.

“Recreational facility, indoor” means a commercial recreational land use conducted entirely within a building. Examples include, but are not limited to, amusement centers, arcades, arenas, bowling alleys, gymnasiums, pool or billiard halls, skating rinks, and tennis courts.

(Ord. 611 (2022) § 106, 2022; Ord. 534 (2016) § 7(5) (App. E) (part), 2016)

17.110.648 Recreational facility, outdoor.

“Recreational facility, outdoor” means a commercial recreational land use conducted in open or partially enclosed facilities. Examples include, but are not limited to, amusement centers, miniature golf, swimming pools, tennis courts, basketball courts, outdoor racquetball courts, skateboard parks, and batting cages.

(Ord. 611 (2022) § 107, 2022)

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)

17.110.653 Recycling center.

“Recycling center” means a facility that processes and converts waste into reusable material.

(Ord. 611 (2022) § 108, 2022)

17.110.655 (Repealed)*

* Editor’s Note: Former Section 17.110.655, “Recreational vehicle camping park,” was repealed by Section 109 of Ordinance 611 (2022). Subsection 7(5) (App. E) (part) of Ordinance 534 (2016) was formerly codified in this section.

17.110.656 Related equipment.

“Related equipment” means any piece of equipment related to, incidental to, or necessary for the operation of a nontower wireless communication facility (facility) or tower-based facility. By way of illustration, not limitation, related equipment includes generators.

(Ord. 570 (2019) § 16, 2019)

17.110.657 Religious organization.

See Section 17.505.020(F), Religious organization.

(Ord. 611 (2022) § 110, 2022)

17.110.658 Research laboratory.

“Research laboratory” means a building or group of buildings used for scientific research, investigation, testing, or experimentation, but not facilities for the manufacture or sale of products, except as incidental to the main purpose of the laboratory.

(Ord. 611 (2022) § 111, 2022)

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)

17.110.661 Resort.

“Resort” means a group of buildings under unified ownership or control that provides overnight accommodations, activities, and amenities. Examples include, but are not limited to, golf, horseback riding, swimming, shuffleboard, tennis, hiking trails, restaurants, spas, and meeting halls.

(Ord. 611 (2022) § 112, 2022)

17.110.662 Restaurant, with drive-through service.

“Restaurant, with drive-through service” 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 or drive-through service is available.

(Ord. 611 (2022) § 113, 2022; Ord. 534 (2016) § 7(5) (App. E) (part), 2016)

17.110.663 Restaurant, without drive-through service.

“Restaurant, without drive-through service” means an establishment where food and/or beverages are served to customers for compensation.

(Ord. 611 (2022) § 114, 2022; Ord. 534 (2016) § 7(5) (App. E) (part), 2016)

17.110.664 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. 611 (2022) § 115, 2022; Ord. 534 (2016) § 7(5) (App. E) (part), 2016. Formerly 17.110.665)

17.110.665 Rock crushing.

“Rock crushing” means the use of explosives or machinery to fracture the rock into smaller pieces suitable to be used for pavement, construction, and other uses. This processing occurs after aggregate extraction.

(Ord. 611 (2022) § 116, 2022)

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 Safe park transitory accommodations.

See Section 17.505.040(D), Safe park.

(Ord. 611 (2022) § 117, 2022)

17.110.670 School.

“School” means an institution primarily engaged in teaching and learning, operated by a public school district, nonprofit organization, or a private organization. Business and trade schools and Montessori schools are included, as are satellite buildings of higher education colleges.

(Ord. 611 (2022) § 118, 2022)

17.110.671 Secure community transition facility.

“Secure community transition facility” means a secure facility that provides supervision, security, ensures the provision of sex offender treatment services, and is established pursuant to Chapter 71.09 RCW.

(Ord. 611 (2022) § 119, 2022)

17.110.672 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. 611 (2022) § 120, 2022; Ord. 534 (2016) § 7(5) (App. E) (part), 2016. Formerly 17.110.669)

17.110.673 Setback.

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

(Ord. 611 (2022) § 123, 2022; Ord. 534 (2016) § 7(5) (App. E) (part), 2016. Formerly 17.110.671)

17.110.674 Shared work/maker space.

“Shared work/maker space” means a facility offering work-related amenities to be used by individuals or groups in exchange for compensation. Amenities include, but are not limited to, meeting rooms, private offices, high speed internet, artist studios, craft spaces, woodworking shops and commercial kitchens. Such facilities may also hold classes or workshops available to the public. This definition also includes facilities that provide organizational, mentoring or capital support intended to accelerate the successful development of start-up companies, or imparts job and business skills to employees or trainees. Incubated businesses make progress toward independence and relocation into permanent facilities.

(Ord. 611 (2022) § 121, 2022)

17.110.675 Shellfish/fish hatcheries and processing facilities.

“Shellfish/fish hatcheries and processing facilities” means uses which involve the production, processing or sales of finfish, shellfish, or other aquatic or marine products within a confined space and under controlled feeding, sanitation, harvesting, or processing procedures.

(Ord. 611 (2022) § 127, 2022)

17.110.676 Shelter.

“Shelter” means a residential facility serving as a center to receive, provide and house persons who need shelter. The shelter may allow partners, dependents, pets, and/or possessions. The facility may provide on-site services.

(Ord. 611 (2022) § 122, 2022)

17.110.677 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. 611 (2022) § 124, 2022; Ord. 534 (2016) § 7(5) (App. E) (part), 2016. Formerly 17.110.673)

17.110.678 Shooting/gun facility, indoor.

“Shooting/gun facility, indoor” means an indoor facility designated for the discharge of firearms for individuals wishing to practice, improve upon or compete as to their shooting skills. The facility may have a site with one or more shooting ranges but does not include residential property.

(Ord. 611 (2022) § 125, 2022)

17.110.679 Shooting/gun facility, outdoor.

“Shooting/gun facility, outdoor” means an outdoor facility designated for the discharge of firearms for individuals wishing to practice, improve upon or compete as to their shooting skills. The facility may have a site with one or more shooting ranges but does not include residential property.

(Ord. 611 (2022) § 126, 2022)

17.110.680 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. 611 (2022) § 128, 2022; Ord. 534 (2016) § 7(5) (App. E) (part), 2016. Formerly 17.110.675)

17.110.681 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. 611 (2022) § 129, 2022; Ord. 534 (2016) § 7(5) (App. E) (part), 2016. Formerly 17.110.680)

17.110.682 Single-family attached dwelling.

“Single-family attached dwelling” means a building containing two or more dwelling units, each designed for occupancy by not more than one family. No unit is located over another. Each unit is separated from adjacent units by one or more common vertical walls. Each unit includes an adjacent dwelling-specific yard area within its ownership.

(Ord. 611 (2022) § 130, 2022; Ord. 534 (2016) § 7(5) (App. E) (part), 2016. Formerly 17.110.240)

17.110.683 Single-family detached dwelling.

“Single-family detached dwelling” 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. This excludes recreational vehicles and mobile homes.

(Ord. 611 (2022) § 131, 2022; Ord. 534 (2016) § 7(5) (App. E) (part), 2016. Formerly 17.110.242)

17.110.684 Single-family transitory accommodations.

See Section 17.505.040(A), Single-family transitory accommodation.

(Ord. 611 (2022) § 132, 2022)

17.110.685 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. 611 (2022) § 133, 2022; Ord. 534 (2016) § 7(5) (App. E) (part), 2016. Formerly 17.110.683)

17.110.686 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. 611 (2022) § 134, 2022; Ord. 534 (2016) § 7(5) (App. E) (part), 2016. Formerly 17.110.685)

17.110.687 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. 611 (2022) § 135, 2022; Ord. 534 (2016) § 7(5) (App. E) (part), 2016. Formerly 17.110.686)

17.110.688 Small transitory accommodations.

See Section 17.505.040(B), Small transitory accommodation.

(Ord. 611 (2022) § 136, 2022)

17.110.689 Slaughterhouse or animal processing.

“Slaughterhouse or animal processing” means a building or facility used for the slaughtering of animals and the processing and storage of animal products and waste that results from a slaughtering process.

(Ord. 611 (2022) § 137, 2022)

17.110.690 Special care residence.

“Special care residence” means a manufactured or mobile home used by a family member in need of special, frequent and routine care and assistance by reason of advanced age or ill health.

(Ord. 611 (2022) § 140, 2022)

17.110.691 Stealth technology.

“Stealth technology” means the camouflaging methods applied to wireless communication facilities (facilities) to render them more visually appealing and to blend the proposed facility into the existing structure or visual backdrop in such a manner as to render it minimally visible to the casual observer. Such methods include, but are not limited to, architecturally screened roof-mounted antennas, building-mounted antennas painted to match the existing structure and facilities constructed to resemble trees, shrubs, light poles, flag poles, chimneys, church crosses, clock towers, gas station signs, statues, or rocks as appropriate to the surrounding environment.

(Ord. 611 (2022) § 141, 2022; Ord. 570 (2019) § 17, 2019: Ord. 534 (2016) § 7(5) (App. E) (part), 2016. Formerly 17.110.687)

17.110.692 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. 611 (2022) § 142, 2022; Ord. 534 (2016) § 7(5) (App. E) (part), 2016. Formerly 17.110.688)

17.110.693 (Repealed)*

* Editor’s Note: Former Section 17.110.693, “Storage container,” was repealed by Section 143 of Ordinance 611 (2022). Subsection 7(5) (App. E) (part) of Ordinance 534 (2016) was formerly codified in this section.

17.110.694 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, automobile or recreational vehicle repair, equipment sales, rentals and repair, and wrecking yards.

(Ord. 611 (2022) § 144, 2022; Ord. 534 (2016) § 7(5) (App. E) (part), 2016. Formerly 17.110.690)

17.110.695 Storage, indoor.

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

(Ord. 611 (2022) § 145, 2022; Ord. 534 (2016) § 7(5) (App. E) (part), 2016. Formerly 17.110.691)

17.110.696 Storage, outdoor.

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

(Ord. 611 (2022) § 146, 2022; Ord. 534 (2016) § 7(5) (App. E) (part), 2016. Formerly 17.110.692)

17.110.697 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. 611 (2022) § 147, 2022; Ord. 534 (2016) § 7(5) (App. E) (part), 2016. Formerly 17.110.693)

17.110.698 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. 611 (2022) § 148, 2022; Ord. 540 (2016) § 34, 2016; Ord. 534 (2016) § 7(5) (App. E) (part), 2016. Formerly 17.110.695)

17.110.699 Streetscape.

“Streetscape” means the visual and functional supporting elements of a roadway design that provide aesthetic interest and comfort to the pedestrian. Street amenities serve to define the public space of a sidewalk as well as the adjacent roadway corridor. Pedestrian amenities include pedestrian-oriented plazas, furniture, lighting, and art.

(Ord. 611 (2022) § 149, 2022; Ord. 587 (2020) § 9(1) (Att. 1) (part), 2020. Formerly 17.110.697)

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 Stump grinding and firewood cutting.

“Stump grinding and firewood cutting” means any commercial operation that cuts, saws, chops, or grinds wood.

(Ord. 611 (2022) § 150, 2022)

17.110.707 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. 611 (2022) § 151, 2022; Ord. 534 (2016) § 7(5) (App. E) (part), 2016. Formerly 17.110.706)

17.110.708 Substantially change.

“Substantially change” or “substantial change” means a modification to an existing wireless communications facility (facility) that changes the physical dimensions of the tower or base station in any of the following ways:

A. Height.

1. For tower-based facilities outside the public right-of-way (ROW), the modification increases the height of the tower by more than ten percent, or by the height of one additional antenna array with separation from the nearest existing antenna, not to exceed twenty feet, whichever is greater.

2. For tower-based facilities within the ROW and any base station, the modification increases the height of the facility by more than ten percent or ten feet, whichever is greater.

3. Changes in height shall be measured from the original support structure in cases where deployments are or will be separated horizontally, such as on rooftops. In all other circumstances, changes in height shall be measured from the original height of the facility plus any modification approved prior to the passage of the federal Spectrum Act (February 22, 2012).

B. Width.

1. For tower-based facilities outside the ROW, the modification adds an appurtenance to the body of the tower that protrudes from the edge of the tower by more than twenty feet, or more than the width of the tower structure at the level of the appurtenance, whichever is greater.

2. For tower-based facilities within the ROW and any base station, the appurtenance protrudes from the edge of the structure by more than six feet.

C. Equipment Cabinets.

1. For any facility or base station outside the ROW, the modification involves installation of more than the standard number of new equipment cabinets for the technology involved, not to exceed four cabinets.

2. For any facility or base station within the ROW, the modification involves installation of any new equipment cabinets on the ground if there are no preexisting ground cabinets associated with the structure, or involves the installation of ground cabinets that are more than ten percent larger in height or overall volume than any other ground cabinets associated with the structure.

D. Excavation.

1. For any facility or base station, the modification entails any excavation or deployment outside the current site. As used herein, for tower-based facilities outside the ROW, “site” shall mean the boundaries of the leased area including utility easements; for all other facilities, “site” shall mean that area adjacent to the structure and within which related equipment already exists.

E. Stealth Technology.

1. For any facility or base station, the modification would defeat any concealment element.

F. Prior Conditions of Approval.

1. Except as set forth above, the modification does not comply with conditions of approval for the initial construction or any prior modification.

(Ord. 570 (2019) § 18, 2019)

17.110.709 Temporary offices and model homes.

“Temporary offices and model homes” means a structure designed to serve as a temporary office for supervision on a construction site, a temporary on-site real estate office, temporary business office in advance of a permanent facility construction, or a dwelling unit temporarily used for display purposes as an example for dwelling units available for sale or rental in a particular subdivision or residential development.

(Ord. 611 (2022) § 152, 2022)

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)

17.110.717 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. 611 (2022) § 154, 2022; Ord. 534 (2016) § 7(5) (App. E) (part), 2016. Formerly 17.110.720)

17.110.718 Topsoil production.

“Topsoil production” means any commercial operation involving the production and sale of topsoil in any form for use on property other than that on which the operation is located.

(Ord. 611 (2022) § 155, 2022)

17.110.720 (Repealed)*

* Editor’s Note: Former Section 17.110.720, “Temporary use,” was repealed by Section 153 of Ordinance 611 (2022). Subsection 7(5) (App. E) (part) of Ordinance 534 (2016) was formerly codified in this section.

17.110.721 Tower.

“Tower” means any structure built for the sole or primary purpose of supporting one or more antennas and related equipment, including but not limited to self-supporting lattice towers, guy towers and monopoles. This does not include small wireless facilities as defined in Section 17.110.770(A).

(Ord. 570 (2019) § 19, 2019)

17.110.724 Tower, guy-wired.

“Tower, guy-wired” means a tower supported by a tensioned cable designed to add stability to a free-standing structure.

(Ord. 570 (2019) § 20, 2019)

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)

17.110.726 Transitory accommodations.

“Transitory accommodations” means shelters, as defined in Chapter 17.505, that are not permanently attached to the ground, may easily be erected and dismantled or moved, and are intended for temporary occupancy. Transitory accommodations also include all other facilities specifically identified in Chapter 17.505, Transitory Accommodations.

(Ord. 611 (2022) § 156, 2022)

17.110.727 Transportation terminals, marine.

“Transportation terminals, marine” means a building, structure, or area that primarily supports ancillary facilities for water-borne transportation (e.g., commuter ferries, water taxis, hovercraft) or short-term excursions (e.g., charter boats, mini-cruises, sightseeing, gambling, dining, and entertainment on the water) including but not limited to: passenger terminals and berthing areas, storage, employee or passenger parking, administrative functions, ship servicing area, layover berths, fueling stations, and other boat or passenger services.

(Ord. 611 (2022) § 157, 2022)

17.110.728 Transportation terminals, nonmarine.

“Transportation terminals, nonmarine” means a building, structure, or area designed for persons changing transportation modes. This definition excludes marine transportation terminals.

(Ord. 611 (2022) § 158, 2022)

17.110.729 Transshipment facilities.

“Transshipment facilities” means a facility designed to transfer cargo from one ship or other form of transport to another. Examples include, but are not limited to: docks, wharves, marine rails, cranes, and barge facilities.

(Ord. 611 (2022) § 159, 2022)

17.110.730 (Repealed)*

* Editor’s Note: Former Section 17.110.730, “Use,” was repealed by Section 160 of Ordinance 611 (2022). Subsection 7(5) (App. E) (part) of Ordinance 534 (2016) was formerly codified in this section.

17.110.734 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. 611 (2022) § 161, 2022; Ord. 534 (2016) § 7(5) (App. E) (part), 2016. Formerly 17.110.728)

17.110.735 Urban port

“Urban port” means a port district with public taxing authority established under RCW 53.04.010 that is located within a designated unincorporated urban growth area that operates an existing marina and that owns, manages, and maintains properties that are contiguous to or near the waterfront for the purposes of economic development.

(Ord. 611 (2022) § 162, 2022)

17.110.736 Use.

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

(Ord. 611 (2022) § 163, 2022; Ord. 534 (2016) § 7(5) (App. E) (part), 2016. Formerly 17.110.730)

17.110.737 Useable marijuana.

“Useable marijuana” means dried marijuana flowers; it does not include marijuana-infused products or marijuana concentrates. Where this definition conflicts with RCW 69.50.101, as now or hereafter amended, that in state law shall govern.

(Ord. 611 (2022) § 164, 2022)

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)

17.110.742 Vocational school.

“Vocational school” means an institution providing instruction and training in a specific service, such as art, dance, driving, and music, or a specific trade, such as business, real estate, travel, auto machinery repair, welding, and skill center.

(Ord. 611 (2022) § 165, 2022)

17.110.743 Warehousing and distribution.

“Warehousing and distribution” means a facility where goods are received and/or stored for delivery to other firms or the final customer.

(Ord. 611 (2022) § 166, 2022)

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)

17.110.762 Wetland mitigation bank.

“Wetland mitigation bank” means a site where wetlands are restored, created, enhanced or preserved exclusively for the purpose of compensatory mitigation in advance of authorized impacts to similar resources.

(Ord. 611 (2022) § 167, 2022)

17.110.763 Wildlife shelter.

“Wildlife shelter” means a place where nondomesticated animals are given medical or surgical treatment and are cared for during the time of such treatment and until they are ready for release back into the wild. A wildlife shelter generally includes a combination of structures and outdoor enclosures.

(Ord. 586 (2020) § 1, 2020)

17.110.764 Wireless.

“Wireless” means transmissions through the airwaves including, but not limited to, infrared line of sight, cellular, broadband personal communication service, microwave, satellite, or radio signals.

(Ord. 570 (2019) § 21, 2019)

17.110.765 (Repealed)*

* Editor’s Note: Former Section 17.110.765, “Wireless communication antenna array,” was repealed by Ordinance 570 (2019). Subsection 7(5) (App. E) (part) of Ordinance 534 (2016) was formerly codified in this section.

17.110.770 Wireless communication facility.

“Wireless communication facility” means the antennas, nodes, control boxes, towers, poles, conduits, ducts, pedestals, electronics and other related equipment used for the purpose of transmitting, receiving, distributing, providing, or accommodating wireless communications services.

A. A “small wireless facility” means a facility that meets each of the following conditions:

1. The facility:

a. Is mounted on a structure fifty feet or less in height, with the height including any antennas; or

b. Is mounted on a structure no more than ten percent taller than other adjacent structures; or

c. Does not extend an existing structure on which it is to be located to a height of more than fifty feet or by more than ten percent, whichever is greater;

2. Each antenna associated with the facility, excluding associated antenna equipment, is no more than three cubic feet in volume; and

3. All other wireless equipment associated with the structure, including the wireless equipment associated with the antenna and any pre-existing associated equipment on the structure, is no more than twenty-eight cubic feet in volume; and

4. The facility is not required to be registered with the FCC under 47 CFR Part 17; and

5. The facility does not result in human exposure to radio frequency radiation in excess of the applicable FCC safety standards in 47 CFR 1.1307(b).

B. A “nontower wireless facility” means a facility that is not a small wireless facility and does not involve, as part of the initial installation or construction, a wireless support structure. The term includes antennas, data collection units, and related equipment, but shall not include any wireless support structure. Except as allowed for small wireless facilities, the need to construct a wireless support structure will transform the nontower facility into a tower-based facility.

C. A “tower-based wireless facility” means a facility installed or constructed with a tower as defined in Section 17.110.721. Unless a DAS hub facility meets the definition of a small wireless facility, the DAS hub shall be considered a tower-based facility.

(Ord. 570 (2019) § 22, 2019; Ord. 534 (2016) § 7(5) (App. E) (part), 2016)

17.110.775 Wireless communication support structure.

“Wireless communication support structure” means a freestanding structure, such as a tower-based wireless communication facility, or any other support structure that could (or does) support the placement or installation of a facility.

(Ord. 570 (2019) § 23, 2019; Ord. 534 (2016) § 7(5) (App. E) (part), 2016)

17.110.780 (Repealed)

* Editor’s Note: Former Section 17.110.780, “Whip antenna,” was repealed by Ordinance 570 (2019). Subsection 7(5) (App. E) (part) of Ordinance 534 (2016) was formerly codified in this section.

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)