Chapter 21.02 DEFINITIONS

Whenever the following words and phrases appear in Title 16, Land Division and Development, and this title, Land Use and Development Procedures, they shall be given the meaning attributed to them by this chapter. When not inconsistent with the context, words used in the present tense shall include the future; the singular shall include the plural, and the plural the singular; the word “shall” is always mandatory, and the word “may” indicates a use of discretion in making a decision. Terms, phrases and words used in the masculine gender include the feminine and the feminine the masculine. Where terms, phrases and words are not defined, they shall have their ordinary accepted meanings within the context in which they are used. The most current version of the Merriam-Webster’s Collegiate Dictionary shall be considered as providing ordinary accepted meanings.

(Ord. 490 (2012) § 3 (Att. 1), 2012)

21.02.010 Abutting.

“Abutting” means adjoining with a common boundary line; except that where two or more properties 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.

(Ord. 490 (2012) § 3 (Att. 1), 2012)

21.02.015 (Repealed)*

* Editor’s Note: Former Section 21.02.015, “Access tract,” was repealed by Ordinance 528 (2015). Section 3 (Att. 1) of Ordinance 490 (2012) was formerly codified in this section.

21.02.020 Addressing and road naming.

A. “Address” means the appropriate combination of address number, directional prefix or suffix, road name and road type, e.g., 2131 E Cricket Lane.

B. “Address grid system” means a theoretical network of uniformly spaced horizontal and perpendicular lines used to establish regularly spaced intervals as the basis for assigning address numbers.

C. “Access tract” means a tract of land for the ingress and egress of vehicular and/or pedestrian traffic. Such tracts are not considered lots or building sites.

D. “Addressing interval” means the uniform interval of street numbers between the beginning of a road and the structures along the road.

E. “Avenue,” for addressing purposes, means a way of travel which runs generally north and south.

F. “Boulevard,” for addressing purposes, means a way of travel designed to handle traffic volumes in excess of normal neighborhood traffic generation or that is a divided street with at least two lanes of traffic in each direction separated by a median.

G. “Circle,” for addressing purposes, means a small, generally circular way of travel with only one way in and out from the road where it originates.

H. “Court,” for addressing purposes, means a way of travel which runs generally east and west and is a cul-de-sac.

I. “Cul-de-sac” means a way of travel that dead-ends with provisions for turning around vehicles, including large emergency apparatus and utility vehicles.

J. “Drive,” for addressing purposes, means an irregular or diagonal way of travel.

K. “Group R occupancies,” for addressing purposes, means all occupancies classified as Group R in accordance with the International Building Code as adopted by Kitsap County in Chapter 14.04, as well as all “residential occupancies” as defined herein.

L. “Group U occupancies,” for addressing purposes, means all occupancies classified as Group U in accordance with the International Building Code as adopted by Kitsap County in Chapter 14.04, as well as residential accessory buildings such as outbuildings, detached private garages, sheds and carports constructed in accordance with the International Residential Code.

M. “Highway,” for addressing purposes, means a designated roadway for the conveyance of high volume vehicle traffic.

N. “Lane,” for addressing purposes, means a local street serving as a collection for one or more local thoroughfares.

O. “Landing” means a local street serving as a collection for one or more local thoroughfares.

P. “Loop,” for addressing purposes, means a small, loop type way of travel; synonymous with circle, that has two exits or entrances originating from the same way of travel.

Q. “Parkway,” for addressing purposes, means a way of travel designed to handle traffic volumes in excess of normal neighborhood traffic generation or that is a divided street with at least two lanes of traffic in each direction separated by a median.

R. “Place,” for addressing purposes, means a way of travel that runs generally north and south and that is generally parallel to, but shorter than, an avenue and ends in a cul-de-sac.

S. “Private road,” for addressing purposes, means a road that is on private property and that is maintained with private funds.

T. “Road” means:

1. For addressing purposes, a “road” means a way of travel that has been designated as a road or is an extension of an existing road.

2. For all other purposes, a “road” is a public right-of-way or an approved private roadway that provides vehicular circulation or principal means of access to abutting properties, and that may also include provisions for public utilities, pedestrian walkways, cut and fill slopes, and drainage.

U. “Road name sign” means a sign designating the name of a way of travel.

V. “Run,” for addressing purposes, means a local street serving as a collection for one or more local thoroughfares.

W. “Street” means:

1. For addressing purposes, a “street” means a way of travel that runs generally east and west.

2. For all other purposes, a “street” is synonymous with “road.”

X. “Terrace,” for addressing purposes, means a segue, typically residential, that runs between two larger roads.

Y. “Trail,” for addressing purposes, means a local street serving as a collection for one or more local thoroughfares.

Z. “Way,” for addressing purposes, means a way of travel that runs generally east and west and that is generally parallel to, but shorter than, a street.

AA. “Way of travel” means a roadway of any definition, including, but not limited to, avenues, boulevards, circles, courts, drives, loops, places, lanes, roads, streets, and ways, which is capable of carrying vehicular traffic.

(Ord. 528 (2015) § 7, 2015: Ord. 490 (2012) § 3 (Att. 1), 2012)

21.02.025 (Repealed)*

* Editor’s Note: Former Section 21.02.025, “Address grid system,” was repealed by Ordinance 528 (2015). Section 3 (Att. 1) of Ordinance 490 (2012) was formerly codified in this section.

21.02.030 Adjacent.

“Adjacent” means lying near; sometimes contiguous, but it is neighboring.

(Ord. 490 (2012) § 3 (Att. 1), 2012)

21.02.035 Aliquot part.

“Aliquot part” means a quarter division of a section of land in the public domain.

(Ord. 490 (2012) § 3 (Att. 1), 2012)

21.02.040 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. Alleys are not intended for general traffic circulation.

(Ord. 490 (2012) § 3 (Att. 1), 2012)

21.02.045 Alteration of a land segregation.

“Alteration of a land segregation” means a revision to any type of segregation, requested after the recording of the final plat of said segregation.

(Ord. 490 (2012) § 3 (Att. 1), 2012)

21.02.050 Amendment of a land segregation.

“Amendment of a land segregation” means a revision to any type of segregation, requested following preliminary approval, but prior to recording the final plat of said segregation.

(Ord. 490 (2012) § 3 (Att. 1), 2012)

21.02.051 Appellant.

“Appellant” means the person who files an appeal.

(Ord. 490 (2012) § 3 (Att. 1), 2012)

21.02.052 Applicant.

“Applicant” means any person who submits a permit application or project permit request for a change to a Comprehensive Plan or development regulation, but excludes any such request that is proposed by the county itself.

(Ord. 490 (2012) § 3 (Att. 1), 2012)

21.02.053 Appeal.

“Appeal” means to seek review of a decision or determination from the department or review authority.

(Ord. 490 (2012) § 3 (Att. 1), 2012)

21.02.054 Area-wide amendment.

“Area-wide amendment” means a proposed change or revision to the Comprehensive Plan land use map and/or zoning map that affects an area which is comprehensive in nature, and which addresses a homogeneous community, is geographically distinctive, and has a unified interest within the county, such as community, LAMIRD, or subarea plans. An area-wide amendment, unlike a site-specific land use reclassification request, is of area-wide significance, and includes many separate properties under various ownerships. Area-wide amendments typically accompany text amendments to goals and policies of the Comprehensive Plan.

(Ord. 490 (2012) § 3 (Att. 1), 2012)

21.02.055 (Repealed)*

* Editor’s Note: Former Section 21.02.055, “Avenue,” was repealed by Ordinance 528 (2015). Section 3 (Att. 1) of Ordinance 490 (2012) was formerly codified in this section.

21.02.060 Binding site plan.

“Binding site plan” means an alternative method of land division, drawn to scale, that:

A. Identifies and shows the areas and locations of all streets, roads, improvements, utilities, open spaces, and other matters specified by county code;

B. Contains inscriptions or attachments setting forth such appropriate limitations and conditions for the use of the land as are established by the director; and

C. Includes provisions that bring the development into conformity with the site plan.

(Ord. 490 (2012) § 3 (Att. 1), 2012)

21.02.065 Block.

“Block” means a group of lots, tracts and/or parcels within well defined and fixed boundaries.

(Ord. 490 (2012) § 3 (Att. 1), 2012)

21.02.070 Board or board of commissioners.

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

(Ord. 490 (2012) § 3 (Att. 1), 2012)

21.02.075 (Repealed)*

* Editor’s Note: Former Section 21.02.075, “Boulevard,” was repealed by Ordinance 528 (2015). Section 3 (Att. 1) of Ordinance 490 (2012) was formerly codified in this section.

21.02.080 Boundary line adjustment.

“Boundary line adjustment” means an adjustment of boundary lines between two or more abutting platted or unplatted properties or both which does not create any additional lot, tract, parcel, site or division, nor create any lot, tract, parcel, site or division that does not meet minimum requirements for width and area.

(Ord. 490 (2012) § 3 (Att. 1), 2012)

21.02.085 Building site.

“Building site” means an area of land, lying within one or more lots (or portions of lots when aggregated), that is legally developed or capable of being developed under current federal, state and local laws and that, exclusive of required setbacks, contains or is capable of containing a primary structure and, if required, associated septic system components.

(Ord. 490 (2012) § 3 (Att. 1), 2012)

21.02.086 Buffer.

“Buffer” means:

A. For critical areas, “buffer” means a nonclearing native vegetation area that is intended to protect the functions and values of critical areas pursuant to Title 19.

B. For all other purposes, “buffer” means space, either landscaped or in a natural state, used to separate uses that may or may not conflict with each other and to reduce visual, noise, odors and other impacts.

(Ord. 490 (2012) § 3 (Att. 1), 2012)

21.02.090 Business day.

“Business day” means any day for which Kitsap County’s administration building offices are open for normal business matters.

(Ord. 490 (2012) § 3 (Att. 1), 2012)

21.02.091 Calendar day.

“Calendar day” means each day of the calendar month. Unless stated otherwise in these rules, a reference to a number of days means calendar days.

(Ord. 490 (2012) § 3 (Att. 1), 2012)

21.02.092 Capital facilities amendment.

“Capital facilities amendment” means an amendment to the capital facilities element of the Comprehensive Plan that affects capital budget decisions.

(Ord. 490 (2012) § 3 (Att. 1), 2012)

21.02.093 Clerk of the hearing examiner.

“Clerk of the hearing examiner” means a person designated by the county to assist the hearing examiner in his/her duties.

(Ord. 490 (2012) § 3 (Att. 1), 2012)

21.02.094 Closed record appeal.

“Closed record appeal” means an administrative appeal on the record to the board of commissioners following an open record hearing on a project permit application on the record with no or limited new evidence or information allowed to be submitted and only appeal argument allowed.

(Ord. 490 (2012) § 3 (Att. 1), 2012)

21.02.095 (Repealed)*

* Editor’s Note: Former Section 21.02.095, “Circle,” was repealed by Ordinance 528 (2015). Section 3 (Att. 1) of Ordinance 490 (2012) was formerly codified in this section.

21.02.100 Commercial occupancies.

“Commercial occupancies,” for addressing purposes, means all other occupancy groups not defined as residential occupancies. (Typically constructed in accordance with the International Building Code. For example, commercial occupancies would include: retail stores, office buildings, multifamily residential buildings, hotels, hospitals, schools, warehouses, storage buildings, churches, etc.)

(Ord. 490 (2012) § 3 (Att. 1), 2012)

21.02.101 Community plan amendment.

“Community plan amendment” means an amendment to an adopted community, LAMIRD, or subarea plan, which may include a change to the Comprehensive Plan land use map, and Comprehensive Plan text amendments. A community plan amendment does not include the initial adoption of a new community, LAMIRD, or subarea plan.

(Ord. 490 (2012) § 3 (Att. 1), 2012)

21.02.102 Complete application.

“Complete application” means a project permit application that is deemed complete pursuant to Chapter 21.04.

(Ord. 490 (2012) § 3 (Att. 1), 2012)

21.02.105 Comprehensive Plan.

“Comprehensive Plan” means the planning document that provides principles, objectives, goals 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, includes the land use map and establishes urban/rural boundaries.

(Ord. 490 (2012) § 3 (Att. 1), 2012)

21.02.110 Condominium.

“Condominium” means real property, portions of which are designated for separate ownership and the remainder of which is designated for common ownership solely by the owners of those portions as defined in Chapters 64.32 and 64.34 RCW. Real property is not a condominium unless the undivided interests in the common elements are vested in the unit owners and unless a declaration, survey map and plans have been recorded pursuant to Chapter 64.32 or 64.34 RCW.

(Ord. 490 (2012) § 3 (Att. 1), 2012)

21.02.115 Contiguous.

“Contiguous” is synonymous with “abutting.”

(Ord. 490 (2012) § 3 (Att. 1), 2012)

21.02.120 County.

“County” means Kitsap County, Washington.

(Ord. 490 (2012) § 3 (Att. 1), 2012)

21.02.125 (Repealed)*

* Editor’s Note: Former Section 21.02.125, “Court,” was repealed by Ordinance 528 (2015). Section 3 (Att. 1) of Ordinance 490 (2012) was formerly codified in this section.

21.02.130 Critical areas.

“Critical areas” means the following areas and ecosystems: (A) wetlands; (B) areas with a critical recharging effect on aquifers used for potable water; (C) fish and wildlife habitat conservation areas; (D) geologically hazardous areas; and (E) frequently flooded areas.

(Ord. 490 (2012) § 3 (Att. 1), 2012)

21.02.135 Cul-de-sac.

“Cul-de-sac” means a way of travel that dead-ends with provisions for turning around vehicles, including large emergency apparatus and utility vehicles.

(Ord. 490 (2012) § 3 (Att. 1), 2012)

21.02.136 Day(s).

“Day(s)” means calendar days, unless explicitly stated to be business days.

(Ord. 490 (2012) § 3 (Att. 1), 2012)

21.02.140 Dedication.

“Dedication” means the deliberate appropriation of land by an owner for any general and public uses, reserving to himself no rights other than such as are compatible with the full exercise and enjoyment of the public uses to which the property has been devoted. The intention to dedicate shall be evidenced by the owner by the presentment for filing of a final plat showing the dedication thereon; and the acceptance by the public shall be evidenced by the approval of such plat for filing by Kitsap County, except that where the dedication is for roadways or improvements for which a surety is obtained, there shall be no acceptance of the dedication unless and until said improvement is completed and approved by Kitsap County.

(Ord. 490 (2012) § 3 (Att. 1), 2012)

21.02.141 Deficiency.

Deficiency. For the purposes of Chapter 21.08, a “deficiency” in a Comprehensive Plan or development regulation refers to the absence of required or potentially desirable contents of a Comprehensive Plan or development regulation. It does not refer to whether a development regulation addresses a project’s probable specific adverse impacts that the permitting could mitigate in the normal project review process.

(Ord. 490 (2012) § 3 (Att. 1), 2012)

21.02.145 Department.

“Department” means the department of community development or DCD.

(Ord. 490 (2012) § 3 (Att. 1), 2012)

21.02.146 Development agreement.

“Development agreement” means an agreement between the county and a person or entity who owns or controls real property regarding the development, use and/or mitigation of proposed development of that property.

(Ord. 490 (2012) § 3 (Att. 1), 2012)

21.02.151 Development regulations.

“Development regulations” means the controls placed on development or land use activities, including, but not limited to, zoning ordinances, critical areas ordinances, shoreline master programs, official controls, planned unit development ordinances, subdivision ordinances, and binding site plan ordinances together with any amendments thereto. A development regulation does not include a decision to approve a project permit or project permit application, as defined in RCW 36.70B.020, even though the decision may be expressed in a resolution or ordinance of the legislative body of the county. A development regulation does not include ordinances or regulations that address procedural issues related to land use planning or interim, emergency ordinances, moratorium ordinances or remand actions from state administrative boards and/or courts of law.

(Ord. 490 (2012) § 3 (Att. 1), 2012)

21.02.152 Director.

“Director” means the director of the department of community development, or the director’s designee.

(Ord. 490 (2012) § 3 (Att. 1), 2012)

21.02.153 Docketing.

“Docketing” means compiling and maintaining a list of suggested changes to the Comprehensive Plan or development regulations in a manner that will ensure such suggested changes will be considered by the board of commissioners and will be available by the public.

(Ord. 490 (2012) § 3 (Att. 1), 2012)

21.02.155 (Repealed)*

* Editor’s Note: Former Section 21.02.155, “Drive,” was repealed by Ordinance 528 (2015). Section 3 (Att. 1) of Ordinance 490 (2012) was formerly codified in this section.

21.02.160 Easement.

“Easement” means a right granted by a property owner of burdened property (grantor) to specific benefitting properties or to the public for the use of certain land for a specific purpose or purposes, including but not limited to road access, pedestrian or bicycle pathways, minerals, utilities, drainage and open spaces.

(Ord. 490 (2012) § 3 (Att. 1), 2012)

21.02.165 Engineer.

“Engineer” means the county road engineer designated by Section 2.32.030.

(Ord. 490 (2012) § 3 (Att. 1), 2012)

21.02.170 Final plat.

“Final plat” means the final drawing of a land segregation and/or dedication prepared for filing for record with the county auditor and containing all elements and requirements of Title 16, Land Division and Development.

(Ord. 490 (2012) § 3 (Att. 1), 2012)

21.02.175 (Repealed)*

* Editor’s Note: Former Section 21.02.175, “Group R occupancies,” was repealed by Ordinance 528 (2015). Section 3 (Att. 1) of Ordinance 490 (2012) was formerly codified in this section.

21.02.180 (Repealed)*

* Editor’s Note: Former Section 21.02.180, “Group U occupancies,” was repealed by Ordinance 528 (2015). Section 3 (Att. 1) of Ordinance 490 (2012) was formerly codified in this section.

21.02.181 GMA.

“GMA” means the Washington State Growth Management Act, largely codified at Chapter 36.70A RCW.

(Ord. 490 (2012) § 3 (Att. 1), 2012)

21.02.185 Kitsap public health district.

“Kitsap public health district” means the local health district organized pursuant to Chapters 70.05 and 70.46 RCW.

(Ord. 490 (2012) § 3 (Att. 1), 2012)

21.02.190 Kitsap public health officer.

“Kitsap public health officer” means the health officer of the Kitsap County public health district or his/her designees.

(Ord. 490 (2012) § 3 (Att. 1), 2012)

21.02.191 Hearing.

“Hearing” means the proceeding at which a party has the opportunity to provide written and oral testimony and the testimony becomes part of the record. The hearing creates the record through testimony and submission of documents. An agenda for each hearing date shall be prepared by the county, including the time set for hearing and identification of the hearing as contested or uncontested. An uncontested agenda item may become a contested agenda item, at the discretion of the hearing examiner.

(Ord. 490 (2012) § 3 (Att. 1), 2012)

21.02.195 Hearing examiner or examiner.

“Hearing examiner” or “examiner” means the administrative hearing examiner or the pro tem hearing examiner of Kitsap County designated pursuant to Chapter 2.10.

(Ord. 490 (2012) § 3 (Att. 1), 2012)

21.02.200 Hiatus.

“Hiatus” means an area between two parcels, resulting from a mistake in land descriptions and/or surveys of record, which by record are meant to have one or more common boundary line(s).

(Ord. 490 (2012) § 3 (Att. 1), 2012)

21.02.201 KCC.

“KCC” means the Kitsap County Code.

(Ord. 490 (2012) § 3 (Att. 1), 2012)

21.02.205 Land segregation.

“Land segregation” means a division or redivision of land into lots, tracts, parcels, sites or divisions for the purpose of development, sale, lease or transfer of ownership when accomplished through any of the following processes. Land segregations include, but are not limited to, subdivisions, large lot subdivisions, short subdivisions, binding site plans, and divisions of land through condominiums.

(Ord. 490 (2012) § 3 (Att. 1), 2012)

21.02.210 Large lot subdivision.

“Large lot subdivision” means the division or redivision of land occurring outside urban growth area (UGA) boundaries into two or more lots, tracts, parcels, sites or divisions for the purpose of development, sale, lease or transfer of ownership where each lot is five acres or 1/128th of a section or larger; provided, this shall not include divisions or redivisions of land where all lots are equal to or greater than twenty acres or 1/32nd of a section.

(Ord. 490 (2012) § 3 (Att. 1), 2012)

21.02.215 Legal lot of record.

“Legal lot of record” means a parcel that is in compliance with the land use laws in effect at the time it was created.

(Ord. 490 (2012) § 3 (Att. 1), 2012)

21.02.216 Legislative action.

“Legislative actions” means nonproject-specific actions, such as county-wide planning policies, Comprehensive Plans, and sub-area plans amendments, that are subject to Chapter 21.08.

(Ord. 490 (2012) § 3 (Att. 1), 2012)

21.02.220 (Repealed)*

* Editor’s Note: Former Section 21.02.220, “Loop,” was repealed by Ordinance 528 (2015). Section 3 (Att. 1) of Ordinance 490 (2012) was formerly codified in this section.

21.02.225 Lot.

“Lot” means a fractional part of divided lands having fixed boundaries, being of sufficient area and dimension to meet minimum zoning requirements for width, depth, and area. Where the context so indicates, lots may refer to subdivided lands not conforming to, or in violation of, zoning or subdivision regulations.

(Ord. 490 (2012) § 3 (Att. 1), 2012)

21.02.230 Lot area.

“Lot area” means the horizontal area within the boundary lines of a lot excluding public and private streets (but including private access easements), 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. Lots within a rural zoning designation 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. Lots within a rural zoning designation may include, for the purposes of area calculation, the portion of county right-of-way fronting the lot; said portion of county right-of-way shall be bounded by the right-of-way centerline, the front property line and the side lot lines running perpendicular to said centerline.

(Ord. 617 (2022) § 30, 2022; Ord. 490 (2012) § 3 (Att. 1), 2012)

21.02.231 Map correction.

“Map correction” means an amendment to the land use map or zoning map to reflect the actual direction or decision of the board of commissioners, as documented in the record. Map corrections shall not affect goals or policies within the Comprehensive Plan text or development regulations.

(Ord. 490 (2012) § 3 (Att. 1), 2012)

21.02.232 Mediation.

“Mediation” means efforts to resolve disputes with the assistance of an impartial third party.

(Ord. 490 (2012) § 3 (Att. 1), 2012)

21.02.233 Notice of decision.

“Notice of decision” means the notice of written decision of the hearing examiner or review authority for a project permit application.

(Ord. 490 (2012) § 3 (Att. 1), 2012)

21.02.234 Official record.

“Official record” means the written and oral information, exhibits, reports, testimony and other evidence submitted in a timely manner and accepted by the department, the planning commission, and/or the hearing examiner. An electronic recording or transcript certified as a true and correct transcript of an electronic recording of a hearing is a part of the official record.

(Ord. 490 (2012) § 3 (Att. 1), 2012)

21.02.235 Open record hearing.

“Open record hearing” means a hearing, conducted by a single hearing body or officer authorized by the local government to conduct such hearings, that creates the local government’s record through testimony and submission of evidence and information, under procedures prescribed by the local government by ordinance or resolution. An open record hearing may be held prior to a local government’s decision on a project permit to be known as an “open record pre-decision hearing.” An open record hearing may be held on an appeal, to be known as an “open record appeal hearing,” if no open record pre-decision hearing has been held on the project permit.

(Ord. 490 (2012) § 3 (Att. 1), 2012)

21.02.236 Open space.

“Open space” means land used for outdoor active and 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 impervious surfaces not related to the open space uses and yards required by Title 17 for such dwellings or impervious surfaces. “Open space” is further divided into the following categories:

A. “Common open space” means 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” means 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” means 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. 490 (2012) § 3 (Att. 1), 2012)

21.02.240 Owner.

“Owner” means any person or persons having a legal or equitable property right or interest in land, including a fee owner, contract purchaser or seller, mortgagor or mortgagee, optioner or optionee, and beneficiary or grantor of a trust and deed of trust.

(Ord. 490 (2012) § 3 (Att. 1), 2012)

21.02.245 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 of record.

(Ord. 490 (2012) § 3 (Att. 1), 2012)

21.02.246 Party or party of record or parties of record.

“Party” or “party of record” or “parties of record” means:

A. The applicant or applicant’s representative;

B. The property owner as identified by the records available from the county assessor’s office;

C. A person submitting written testimony about a matter pending before the hearing examiner or who has testified as part of the official record of a land use action (excluding persons who have only signed petitions or mechanically produced form letters);

D. County staff involved in review of the application.

(Ord. 490 (2012) § 3 (Att. 1), 2012)

21.02.251 Person.

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

(Ord. 490 (2012) § 3 (Att. 1), 2012)

21.02.255 (Repealed)*

* Editor’s Note: Former Section 21.02.255, “Place,” was repealed by Ordinance 528 (2015). Section 3 (Att. 1) of Ordinance 490 (2012) was formerly codified in this section.

21.02.256 Planning department.

“Planning department” means a planning department organized and functioning as any other department in any county pursuant to RCW 36.70.030(3), and for purposes of Kitsap County means the department of community development.

(Ord. 490 (2012) § 3 (Att. 1), 2012)

21.02.257 Planning commission or commission.

“Planning commission” or “commission” means the advisory Kitsap County planning commission established pursuant to Section 2.56.035.

(Ord. 490 (2012) § 3 (Att. 1), 2012)

21.02.260 Plat.

“Plat” means a map or representation of a land segregation, showing thereon the division of property into lots, blocks, tracts, parcels, roads and alleys or other divisions and dedications.

(Ord. 490 (2012) § 3 (Att. 1), 2012)

21.02.265 Plat certificate.

“Plat certificate” means a certificate from a title company showing, for particularly described proposed land segregation, the record owners and all encumbrances.

(Ord. 490 (2012) § 3 (Att. 1), 2012)

21.02.270 Preliminary plat.

“Preliminary plat” means a neat and approximate drawing of a proposed land segregation showing the general layout of lots, blocks, tracts, parcels, roads and alleys, and other elements that shall furnish a basis for the approval or disapproval of the general layout of segregation.

(Ord. 490 (2012) § 3 (Att. 1), 2012)

21.02.275 (Repealed)*

* Editor’s Note: Former Section 21.02.275, “Private road,” was repealed by Ordinance 528 (2015). Section 3 (Att. 1) of Ordinance 490 (2012) was formerly codified in this section.

21.02.276 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, planned unit developments, conditional uses, shoreline substantial development permits, and permits or approvals required by critical area ordinances. Project permits also include project-specific legislative actions, such as development agreements, final plat approvals, plat amendments, plat vacations, and rezones that do not require Comprehensive Plan amendments.

(Ord. 490 (2012) § 3 (Att. 1), 2012)

21.02.280 Residential occupancies.

“Residential occupancies,” for addressing purposes, means detached one- and two-family dwellings and multiple single-family dwellings (e.g., townhouses) not more than three stories in height with a separate means of egress, and typically constructed in accordance with the International Residential Code.

(Ord. 490 (2012) § 3 (Att. 1), 2012)

21.02.281 Review authority.

“Review authority” means the director, hearing examiner, or other county official or their designee, who processes applications and makes decision thereon.

(Ord. 490 (2012) § 3 (Att. 1), 2012)

21.02.285 Road.

“Road” means:

A. For addressing purposes, a “road” means a way of travel that has been designated as a road or is an extension of an existing road.

B. For all other purposes, a “road” is a public right-of-way or an approved private roadway that provides vehicular circulation or principal means of access to abutting properties, and that may also include provisions for public utilities, pedestrian walkways, cut and fill slopes, and drainage.

(Ord. 490 (2012) § 3 (Att. 1), 2012)

21.02.290 Road maintenance agreement.

“Road maintenance agreement” means a covenant attached to all lots within the land segregation that addresses the responsibility of road maintenance.

(Ord. 490 (2012) § 3 (Att. 1), 2012)

21.02.295 (Repealed)*

* Editor’s Note: Former Section 21.02.295, “Road name sign,” was repealed by Ordinance 528 (2015). Section 3 (Att. 1) of Ordinance 490 (2012) was formerly codified in this section.

21.02.300 Segregation.

“Segregation” is synonymous with “land segregation.”

(Ord. 490 (2012) § 3 (Att. 1), 2012)

21.02.301 SEPA.

“SEPA” means State Environmental Policy Act.

(Ord. 490 (2012) § 3 (Att. 1), 2012)

21.02.305 Short subdivision.

“Short subdivision” means:

A. For property located inside urban growth area (UGA) boundaries, a division or redivision of land into nine or fewer lots, tracts, parcels, sites or divisions for the purpose of development, sale, lease or transfer of ownership;

B. For property located outside urban growth area boundaries, a division or redivision of land into four or fewer lots, tracts, parcels, sites or divisions for the purpose of development, sale, lease or transfer of ownership.

(Ord. 490 (2012) § 3 (Att. 1), 2012)

21.02.306 Site-specific amendment.

“Site-specific amendment” means an amendment to the Comprehensive Plan and/or land use map that affects no more than five contiguous parcels. A site-specific amendment only affects the land use map, and not the text of the Comprehensive Plan or a development regulation.

(Ord. 490 (2012) § 3 (Att. 1), 2012)

21.02.310 Slope.

“Slope” means the upward and/or downward slant or inclination of the surface of the ground for the portion of any slope otherwise required to be identified.

(Ord. 490 (2012) § 3 (Att. 1), 2012)

21.02.315 Slope, toe of.

“Slope, toe of” means a distinct topographic break in a slope, being the lowermost limit of the slope.

(Ord. 490 (2012) § 3 (Att. 1), 2012)

21.02.320 Slope, top of.

“Slope, top of” means a distinct topographic break in a slope, being the uppermost limit of the slope.

(Ord. 490 (2012) § 3 (Att. 1), 2012)

21.02.321 Staff report.

“Staff report” means the document prepared by county staff for review and decision of a permit application.

(Ord. 490 (2012) § 3 (Att. 1), 2012)

21.02.325 Stream.

“Stream” means those areas in Kitsap County where the surface water flows are sufficient to produce a defined channel or bed.

(Ord. 490 (2012) § 3 (Att. 1), 2012)

21.02.330 (Repealed)*

* Editor’s Note: Former Section 21.02.330, “Street,” was repealed by Ordinance 528 (2015). Section 3 (Att. 1) of Ordinance 490 (2012) was formerly codified in this section.

21.02.335 Subdivider.

“Subdivider” means a person, as defined herein, who undertakes to create a land segregation.

(Ord. 490 (2012) § 3 (Att. 1), 2012)

21.02.340 Subdivision.

“Subdivision,” inside the UGA boundaries, means the division or redivision of land into ten or more lots, tracts, parcels, sites or divisions for the purpose of development, sale, lease or transfer of ownership; outside UGA boundaries, means a division or redivision of land into five or more lots for the purpose of development, sale, lease or transfer of ownership.

(Ord. 490 (2012) § 3 (Att. 1), 2012)

21.02.342 Text amendment.

“Text amendment” means an amendment to the language of the goals, policies, objectives, principles, or standards of any element of the Comprehensive Plan.

(Ord. 490 (2012) § 3 (Att. 1), 2012)

21.02.343 Tidelands.

“Tidelands” means submerged lands and beaches that are exposed and submerged with the ebb and flow of the tides.

(Ord. 490 (2012) § 3 (Att. 1), 2012)

21.02.345 Tract.

“Tract” means land reserved for specified uses, including, but not limited to, reserve tracts, access tracts, recreation, open space, common areas, critical areas, stormwater facilities, or utilities. Tracts are not considered lots or building sites for purposes of residential dwelling or commercial building construction.

(Ord. 490 (2012) § 3 (Att. 1), 2012)

21.02.350 Vacation of a land segregation or plat vacation.

“Vacation of a land segregation” means the extinguishment of all or portions of a recorded segregation, resulting in the property, or the portion thereof subject to vacation, being returned to its original configuration.

(Ord. 490 (2012) § 3 (Att. 1), 2012)

21.02.351 Vested application.

“Vested application” means a certain project permit application, which pursuant to the Washington law on the vested rights doctrine, is considered under the regulations in effect at the time of vesting. When applicable, the vesting date is determined by the date of submittal of a complete application.

(Ord. 490 (2012) § 3 (Att. 1), 2012)

21.02.355 (Repealed)*

* Editor’s Note: Former Section 21.02.355, “Way,” was repealed by Ordinance 528 (2015). Section 3 (Att. 1) of Ordinance 490 (2012) was formerly codified in this section.

21.02.360 Way of travel.

“Way of travel” means a roadway of any definition, including, but not limited to, avenues, boulevards, circles, courts, drives, loops, places, lanes, roads, streets, and ways, which is capable of carrying vehicular traffic.

(Ord. 490 (2012) § 3 (Att. 1), 2012)

21.02.365 Wetlands.

“Wetlands” means those areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include, but are not limited to, swamps, marshes, estuaries, bogs, ponds less than twenty acres and similar areas.

(Ord. 490 (2012) § 3 (Att. 1), 2012)

21.02.366 Working day.

“Working day” means any day for which Kitsap County’s administration building offices are open for normal business matters.

(Ord. 490 (2012) § 3 (Att. 1), 2012)