Chapter 20.42



20.42.040    DEFINITIONS.


Terms not defined herein shall take their meaning from definitions in the Comprehensive Plan, Shoreline Master Program and other ordinances incorporated by reference. If a specific term is not defined or referenced, it shall take its normal and customary meaning within the context of how it is used. When not inconsistent with the context, words used in the present tense include the future, words in the singular include the plural, and words in the plural include the singular. The following terms are defined in this chapter and shall be applied to the provisions of this title. (Ord. 5301 §3 (Exh. B) (part), 2016: Ord. 4950 §8 (Exh. A) (part), 2005)

20.42.040 DEFINITIONS.

The following definitions shall be applied within this title:

(a)    Definitions "A":

"Abandoned sign" means any sign, including its structure and other components, which is located on vacant property or an unoccupied building for a period of one (1) year or more and which, during that time, is not used for legal sign purposes; or which relates to a time, event or purpose which no longer applies; and/or which has been allowed to deteriorate to become a public hazard or eyesore.

"Abandonment" or "abandoned" means to cease operation for a period of ninety (90) or more consecutive days unless documentation is provided to the City that negotiations are underway potentially leading to the sale, lease, or resumption of operations, in which case a wireless communications facility may not be considered abandoned for an additional period not to exceed ninety (90) days.

"Accessory dwelling unit (ADU)" means a second dwelling unit on a lot with an existing principal unit added to or created for use as a complete, independent or semi-independent living unit with provisions for cooking, eating, sanitation and sleeping, and which complies with the development and design standards contained in this code for ADUs (BMC 20.46.010).

"Accessory use, activity or structure" means a use, activity, structure or part of a structure which is subordinate and incidental to the permitted principal use or building, located on the same lot or parcel with such principal use or building, and erected or established only after or in conjunction with the establishment of the principal use or building.

"Acre, gross" means a measurement of land equal to forty-three thousand five hundred sixty (43,560) square feet with no deductions or subtractions for elements such as public or private streets or nondevelopable areas. (See also "Acre, net.")

"Acre, net" means a measurement of land after subtracting public and private streets, rights-of-way, and other unusable or nondevelopable areas of land from a gross acre of land (forty-three thousand five hundred sixty (43,560) square feet). (See also "Acre, gross.")

"Adjoining" or "adjacent" means property that touches or is directly across a public or private right-of-way. This does not include property across from limited access highways or arterials with four (4) lanes of traffic or more.

"Administrative Hearing Examiner" means a person appointed with the powers set forth in Chapter 2.13 BMC. The term "Administrative Hearing Examiner" shall likewise include the Examiner Pro Tem. As used in this chapter, "Administrative Hearing Examiner" shall not mean the Municipal Court Hearing Examiner established pursuant to Chapter 2.62 BMC.

"Adult entertainment business." See BMC 20.46.110.

"Adult family home" means a residential home in which a person or persons provide personal care, special care, room, and board to more than one (1) but not more than six (6) adults who are not related by blood or marriage to the person or persons providing the services; provided, however, any limitation on the number of residents resulting from this definition shall not be applied if it prohibits the City from making reasonable accommodations to disabled persons in order to afford such persons equal opportunity to use and enjoy a dwelling as required by the Fair Housing Amendments Act of 1988, 42 U.S.C. 3604(f)(3)(b).

"Alley" means any public right-of-way or thoroughfare having a typical width of at least ten (10) feet, but generally not more than thirty (30) feet, which has been dedicated or deeded to the public for public use and which affords only secondary means of access to abutting properties, primarily for service purposes.

"Alteration" means any change in the size, shape, method of illumination, position, location, construction or the supporting structure of a sign.

"Alteration, structural" means any changes or repairs to the supporting members of a structure, or to the configurations of the roof or exterior walls, that would prolong the life of the supporting members of a building or structure. This does not include minor actions such as adding a doorway or window, or attaching architectural features, appurtenances, or adornments.

"Antenna tower" means any structure that is designed and constructed primarily for the purpose of supporting one (1) or more antennas, including but not limited to self-supporting lattice towers, guy towers or monopole towers.

(1)    "Type I tower" means a tower up to, but not exceeding, sixty (60) feet in height.

(2)    "Type II tower" means a tower greater than sixty (60) feet in height.

"Antenna, wireless" means any exterior equipment attached or mounted to a building or tower in the form of one or more rods, panels, discs or similar devices used for the transmission or reception of radio or electromagnetic frequency signals.

(1)    An "omnidirectional antenna" transmits and receives radio frequency signals in a three hundred sixty (360) degree radial pattern. For the purpose of the provisions set forth in BMC 20.46.140, an omnidirectional antenna is up to fifteen (15) feet in height and up to seven (7) inches in diameter. If otherwise meeting the definition, a whip antenna is considered an omnidirectional antenna.

(2)    A "directional antenna" transmits and receives radio frequency signals in a specific directional pattern of less than three hundred sixty (360) degrees.

(3)    A "parabolic antenna" is a device of generally parabolic shape for the reception and transmission of radio frequency signals in a specific directional pattern. Also referred to as a satellite dish.

"Applicant" means a person who applies for any permit or approval to do anything governed by this title and who has legal standing to apply for a permit or approval on the specific property.

"Appurtenance" or "appendage" means a supplemental component, architectural feature, or decoration that has been added to or extends outward from the exterior of a building wall and is not a primary component of the structure itself. This includes bay windows, low decks, open porches, awnings, chimneys, and other similar features.

"Area of a sign" means the total space within the frame or outer dimensions of a sign and including any logos or other artistic or architectural features that are directly related to or an integral part of the sign. (See also BMC 20.52.060, Sign measurements.)

"Art gallery" means a room or series of rooms where art such as paintings, sculptures or other works are exhibited.

"Art studio" means a loft, room, group of rooms or building in which an artist works. This includes facilities for the production of photographic works (still or motion), painting, sculpture, dance, music or similar activities. A studio is often found in combination with a gallery or may be an accessory use to a retail business or other use. This does not include incidental artist work areas within a residence, which produce no odors or noise that negatively impact adjacent properties.

"Assisted living facility" means a residential facility for elderly persons (age fifty-five (55) or older) who require moderate to extensive assistance with daily tasks such as cooking, eating, bathing, housekeeping, dispensing of medicines, shopping, appointments and other tasks.

"Automobile sales" means an establishment primarily engaged in the sale or rental of personal or commercial vehicles such as cars, trucks, vans, recreational vehicles, boats, motorcycles, etc. See "Retail, general" for clarification of automobile sales that are wholly indoors.

"Automobile service and repair" means an establishment primarily engaged in repairing, maintaining, or servicing automobiles, including battery exchange station. Servicing and repairing of automobiles on a residential lot for automobiles that are not registered to the property owners or tenants on the site shall be considered automobile service and repair.

"Awning/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.

(b)    Definitions "B":

"Battery charging station" means an electrical component assembly or cluster of component assemblies designed specifically to charge batteries within electric vehicles, which meet or exceed any standards, codes, and regulations set forth by Chapter 19.28 RCW and consistent with rules adopted under RCW 19.27.540.

"Battery exchange station" means a fully automated facility that will enable an electric vehicle with a swappable battery to enter a drive lane and exchange the depleted battery with a fully charged battery through a fully automated process, which meets or exceeds any standards, codes, and regulations set forth by Chapter 19.28 RCW and consistent with rules adopted under RCW 19.27.540.

"Bay window" means a window projecting outward from an exterior wall of a structure. The protrusion has a maximum depth of thirty (30) inches, and a maximum horizontal width of twelve (12) feet. The base of the projecting window is at least twenty-four (24) inches above grade directly below the center of the window.

"Bed and breakfast" means an owner-managed and owner-occupied residential single-unit dwelling in which rooms or other overnight accommodations are rented on a nightly basis. Meals may be included that are included as part of the basic compensation. This does not include group residential homes, boarding and rooming houses.

"Buffering" means a structural, earthy, or vegetative form used to minimize the impacts of one land use upon another. A buffer may include any one or a combination of fences, walls, berms, high shrubs, trees, or other landscaping. Distance separation is also a form of buffering.

"Building code" means the International Building Code and related codes as amended and adopted by the City of Bremerton.

"Building coverage" means that portion of a lot covered by the roof areas of all structures. This shall not include open decks up to thirty (30) inches above ground, except if it provides a roof over occupancy underneath.

"Building envelope, allowable" means the three (3) dimensional space within which a structure is permitted to occupy. Height, floor area ratio, setbacks, lot coverage and similar restrictions establish the building envelope.

"Building line" means a line on a lot, generally parallel to property lines and located a sufficient distance from the property lines, to provide the minimum yard areas required by this code. Building lines establish the area within which buildings are permitted and do not necessarily correspond with the location of any existing structures or other improvements.

"Bulletin board/kiosk" means a permanent sign structure intended to accommodate changeable copy such as private or public notices, special event information, and other short-term messages, and generally at a scale suitable for pedestrians and not intended to be read by passing motorists.

(c)    Definitions "C":

"Car wash" means a business engaged in washing, waxing, polishing, and general cleaning of automobiles, small trucks, light utility vehicles and small recreational vehicles, but that is not designed to handle larger commercial trucks and buses. It includes self-service, full-service, and automated car washes and auto detailing services.

"Caretaker" means a person who maintains or watches over someone else’s land or property on a part-time or full-time schedule. The caretaker may live on the property or elsewhere.

"Caretaker’s residence" means an accessory dwelling unit provided by the owner of a property to be used exclusively as living quarters for the caretaker(s) of that property.

"Carport" means an attached or detached partially enclosed accessory structure intended primarily for the storage of private vehicles such as automobiles, light trucks, or recreational vehicles which is open to the weather on at least two (2) sides.

"Change of use" means a change in the utilization or occupancy of a property or building from one use to another.

"Changeable copy/readerboard sign" means a sign structure that may be internally or externally illuminated and intended to accommodate changeable lettering, numbering, graphic displays, or other short-term messages. Generally used for commercial advertising or for public service announcements of current or coming events. (Also see "Public information/identification sign.")

"City" means the City of Bremerton, Washington.

"Collective garden" means gardens established and/or maintained for the growing, production, transportation, and delivery of cannabis, by qualifying patients, for medical use, as defined in RCW 69.51A.085, as currently enacted and hereinafter amended.

"Community facility" means a facility operated by a public agency or nonprofit organization for social gatherings, meetings, learning, recreation, programs to promote economic independence, or similar functions.

"Construction sign" means a sign that relates directly to a construction project taking place on the premises and may include such information as the name of the project and contractors, phone numbers, completion dates, and similar information about the project.

"Cottage housing development" means a lot containing more than one (1) principal conventional dwelling unit. Units shall not be greater than one thousand two hundred (1,200) gross square feet, and shall not share any common walls, ceilings, or floors with other principal conventional dwelling units.

(d)    Definitions "D":

"Day care facility" means a facility licensed by the state of Washington and approved by the City to provide regular care for adults or children for periods of less than twenty-four (24) hours.

"Deck" means an open platform wider than eighteen (18) inches. A deck may be freestanding, cantilevered from a building, or connected to the ground with steps or ramps. A deck that is higher than thirty (30) inches above finish grade may be referred to as a raised deck, a rooftop deck, a balcony, or other suitable term.

"Density" means a measure of residential concentration, usually expressed as the number of dwellings per acre of land. For the purposes of calculating allowable densities within this code, density shall be measured on a "net" basis, whereby unusable areas such as rights-of-way and lands in public or shared ownership shall be deducted from the overall area in the calculation. For example, a one hundred and twenty (120) acre area containing twenty (20) acres of rights-of-way and public lands and three hundred (300) dwellings has a (net) density of three (3) dwellings per acre (three hundred (300) dwellings/one hundred (100) usable acres). (See also "Acre, net" and "Acre, gross.")

"Density, maximum" means the maximum number of dwellings allowed per the gross buildable acreage as stated for each zone. Where not specified in a zone chapter, no maximum density shall apply.

"Density, minimum" means the minimum number of required dwellings per net buildable acre as stated for each zone. Where not specified in a zone chapter, the associated Comprehensive Plan land use density applies.

"Detached" means any residential structures on the same lot that are not connected and have a fire separation of no less than six (6) feet as defined in Section R302 of the IRC. For commercial structures see the International Building Code.

"Detoxification center" means a facility providing for the care and treatment of an intoxicated person during the period in which the person recovers from the transitory effects of acute intoxication.

"Development coverage" means that portion of a lot covered by the impervious surface areas of all structures, and impervious paved areas, such as driveways and walkways.

"Directional sign" means a permanent sign which is designed solely for the purpose of directing motor vehicle, pedestrian, bicycle, or other traffic, or individuals toward a specific destination or route.

"Director" means Bremerton’s Director of Community Development and his/her designee.

"Drinking place" means an establishment selling intoxicating beverages for consumption on the premises.

"Drive-through facility" means an automobile-oriented component of a permitted use that includes both service window(s) and a stacking lane designed primarily for drive-through trade, and which provides service and caters to patrons while in their motor vehicles. (See BMC 20.44.120.)

"Driveway" means a private roadway providing access for vehicles to a parking space, garage, dwelling, or other structure.

"Duplex" means a structure containing two (2) dwelling units on a single lot.

"Dwelling, conventional" means any building or structure that is built or assembled (in the case of a modular structure) on the site and in conformance with the provisions of the International Building Code (IBC).

"Dwelling, duplex" means a building designed and arranged exclusively for occupancy by two (2) families living independently of each other in separate dwelling units.

"Dwelling, modular or factory-built" means buildings or structures that are constructed primarily in a factory and transported to the site for assembly or installation. All temporary wheels, axles, and other appliances used in the transport are removed at the destination and the structure is permanently placed, unless approved as a temporary placement by the City. Such structures are constructed to the standards of either the International Building Code (IBC) or the HUD Code. (See also "Manufactured home.")

"Dwelling, multi-unit structure" means a structure containing three (3) or more dwelling units. (Also referred to as a "multifamily structure.") Multi-unit structures also include:

(1)    "Dormitories" means a structure intended principally for sleeping accommodations, where no individual kitchen facilities are provided, and which is related to an educational institution or maintained by a nonprofit welfare organization.

"Dwelling, single-unit attached" means two (2) single-unit dwellings (houses) that are attached at a common side lot line with each dwelling located entirely on its own lot. This does not include row houses or other housing types having more than two (2) attached units. (See also "Zero lot line.")

"Dwelling, single-unit structure" means a structure containing one (1) dwelling unit. (Also referred to as a "single-family dwelling," or a "house.")

"Dwelling, townhouse," for purposes of this code, means a single-unit structure in a row of at least three (3) or more such units in which each unit has its own access to the outside, no unit is located over another, and each is separated from any other unit by one (1) or more common fire-resistant walls.

"Dwelling unit" means a living space or combination of rooms designed to provide independent year-round living facilities for one (1) family or household, constructed to the minimum standards of the IBC or HUD Code, and with provisions for sleeping, eating and sanitation.

(e)    Definitions "E":

"Education" and "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.

"Education, higher and college" means a higher education college or university primarily engaged in teaching and research, and comprised of multiple educational buildings within a campus setting.

"Electric vehicle charging station" means a public or private parking space that is served by battery charging station equipment that has as its primary purpose the transfer of electric energy (by conductive or inductive means) to a battery or other energy storage device in an electric vehicle. An electric vehicle charging station equipped with Level 1 (one hundred twenty (120) volts) or Level 2 (two hundred forty (240) volts) charging equipment is permitted outright as an accessory use to any principal use.

"Electric vehicle infrastructure" means structures, machinery, and equipment necessary and integral to support an electric vehicle, including battery charging stations, rapid charging stations, and battery exchange stations.

"Entertainment use" means an establishment with a primary function as a venue for entertainment activities in an indoor facility, excluding motion picture theaters and adult entertainment. Entertainment uses include video arcades, bowling alleys, billiard halls, performing arts centers, dance halls/night clubs and similar uses.

"Equipment structure" means a structure, shelter, cabinet, or vault used to house and protect the electronic equipment necessary for processing wireless communication signals. Associated electronic equipment may include air conditioning, backup power supplies and emergency generators.

(f)    Definitions "F":

"Fence" means a structure built to prevent escape or intrusion, or to provide privacy, screening, or buffering from noise or other undesirable impacts or activities beyond the property line. Also includes freestanding walls.

"Finance," "insurance" and "real estate" means an establishment primarily involved in finance, such as depository and nondepository institutions, holding companies, investment companies, and brokers; insurance, such as carriers of all types, agents and brokers; and real estate, such as leasers, buyers, sellers, agents and developers.

"Foster home" means a dwelling unit in which a full-time resident provides temporary care and supervision on a full-time basis to not more than six (6) foster children, three (3) expectant mothers, or three (3) other adults requiring full-time care.

"Franchise business" means a business granted authorization by a manufacturer or parent company to sell or distribute goods or services at a certain location.

"Freestanding sign" means a sign which is designed solely for the purpose of directing motor vehicle, pedestrian, bicycle, or other traffic, or individuals, toward a specific destination or route, which is not affixed to a building.

"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 it most directly relates to.

(g)    Definitions "G":

"Garage" means an attached or detached enclosed accessory structure intended primarily for the storage of private vehicles such as automobiles, light trucks or recreational vehicles.

"Gas station" means a land use involving the retail sale of gasoline or other motor vehicle fuel or oil, including electric vehicle rapid charging stations. Gas stations include self-service and full-service operations.

"Grade" means the lowest point of elevation of the finished surface of the ground, paving or sidewalk within the area between the building and the property line. When the property line is more than five (5) feet from the building, grade is the lowest point of elevation of the finished surface between the building and a line five (5) feet from the building. For structures built over water, "grade" shall mean the elevation of the ordinary high water mark. For the purposes of signs, "grade" is the level of the ground surface immediately below a sign or proposed sign location, and where slope is involved is the average of the levels at each supporting member of the sign’s structure.

"Grade plane" and "grade, average final" means a horizontal reference plane representing the average of finished ground level adjoining the building at exterior walls. Where the finished ground level slopes away from the exterior walls, the reference plane shall be established by the lowest points within the area between the building and the lot line or, where the lot line is more than six (6) feet from the building, between the building and a point six (6) feet from the building.

"Grade, existing" means the grade or topography existing prior to any excavation, clearing, grading or filling.

"Gross floor area (g.f.a.)" means the sum of all horizontal areas of floors of a structure when measured from the exterior faces of exterior walls, including glazed or screened porches.

"Group residential" means a place of residence for persons with physical, developmental or mental disabilities, homeless or otherwise dependent persons (not including dormitories), typically with shared living quarters without separate kitchen facilities for each room or unit. Group homes are intended to provide residential facilities in a home-like environment. Such homes range from licensed establishments operated with twenty-four (24) hour supervision to nonlicensed facilities offering only shelter. This classification includes group care residence for those whose permanent residence is the group residential facility. It does not include transient lodging. This definition shall not be construed to include crisis care facilities or detoxification centers. Group residential facilities are categorized as follows:

(1)    "Group residential home" means a residential home in which a person or persons provide personal care, special care, room, and board to more than one (1) but not more than six (6) children and/or adults who are not related by blood or marriage to the person or persons providing the services; provided, however, any limitation on the number of residents resulting from this definition shall not be applied if it prohibits the City from making reasonable accommodations to disabled persons in order to afford such persons equal opportunity to use and enjoy a dwelling as required by the Fair Housing Amendments Act of 1988, 42 U.S.C. 3604(f)(3)(B).

(2)    "Group residential facility - Class I (assisted living)" means a group care residence for seven (7) or more children and/or adults who for various reasons cannot reside in their natural homes; and/or for persons who have severe chronic disabilities or physical handicaps that cause substantial functional limitations. This facility may provide physical therapy and training in social skills. It does not include facilities to which persons are assigned as a result of criminal conviction or those where residents, individually or by their legal guardians, are not free to terminate their residency at will.

(3)    "Group residential facility - Class II" means a group care residence for juvenile delinquents, persons serving a sentence in lieu of confinement, persons needing correctional or mental rehabilitation, or persons needing rehabilitation and treatment for social and/or family problems, drug or alcohol addiction, or abuse. This definition includes programs providing alternatives to imprisonment; transition back into the community including prerelease, work-release, probationary programs that are under the supervision of a court, state, or local agency and for housing of sexually violent predators as defined in RCW 71.09.020(18). Teaching of work or social skills may be provided in this class facility but it does not include drug or alcohol detoxification centers.

(h)    Definitions "H":

"Heavy industrial/manufacturing" means a land use involving assembly, construction, research and testing, processing or extraction of goods or materials, with the potential to create noise, smoke, dust, vibration, odor or other environmental impacts or pollution. Storage of equipment or products having similar environmental impacts are also included. Heavy industrial/manufacturing uses include extraction or refinement of raw materials, mass production of large durable goods, production of industrial chemicals, rolling or drawing of metals, and any process that involves extensive use of hazardous or volatile materials or chemicals. Production processes that produce continuous high levels of noise, produce obnoxious odors detectable off site, or produce off-site light or glare impacts constitute heavy industrial/manufacturing. (See also "Light industrial/manufacturing.")

Height. Related to existing or proposed buildings, height is determined pursuant to BMC 20.44.070, except that the highest point of a building with a pitched or hipped roof shall be considered, for purposes of this definition, to be the highest point of the roof.

"Home occupation" means any nonresidential use carried out for monetary gain which is secondary to the use of the property for residential purposes, and which is operated in accordance with the home occupation standards of this code.

"Homeowners’ association" means an association of homeowners that has responsibility for commonly owned property within its residential development and which enforces covenants and restrictions on commonly owned areas or private property.

"Hospital" means a licensed institution providing primary health care services and medical or surgical care to persons, primarily inpatients, suffering from physical or mental conditions, and which may include related facilities as an integral part of the institution.

"Hotel" and "lodging place" means an establishment that offers transient lodging accommodations to the general public, and which may provide such related services such as restaurants, meeting rooms, gift shops, beauty shops and recreational facilities.

"Household" means all persons, regardless of age, sex, or family relationships, that reside as a single unit in a dwelling intended for single household occupancy. Such group quarter facilities as dormitories, boarding houses, nursing homes or similar accommodations typically do not provide facilities for households.

(i)    Definitions "I":

"Illegal sign" means any sign or advertising device which was erected or altered in violation of the sign codes in effect at the time of such action and which remain in violation of existing codes.

"Impervious surface" means any material which reduces or prevents absorption of stormwater into previously undeveloped land. (See also "Paved surface.")

"Incidental signs" means signs that are intended for the convenience of the public, which are informational only, and which do not include the advertising of products or services. Such signs include business hours signs, credit card signs, entrance and exit signs, and similar signs, some of which may be required by law for safety purposes.

"Incubator for business" means a facility that provides 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 graduation to independence and relocation into permanent facilities.

(j)    Definitions "J":

"Junk yard" means a place where discarded or salvaged materials are bought, sold, exchanged, stored, baled, packed, disassembled, or otherwise handled. This includes automotive wrecking yards, house wrecking yards, and storage of structural steel materials and equipment, but does not include used or salvaged machinery in operable condition nor the processing of used, discarded or salvaged materials as a minor part of manufacturing operations.

(k)    Definitions "K":

"Kennel" means an establishment where five (5) or more domestic animals older than six (6) months are kept, whether for compensation or not. This does not include veterinary clinics/hospitals, pet shops or zoos.

(l)    Definitions "L":

"Light industrial/manufacturing" means a land use involving assembly, processing or research and testing of parts or materials or chemicals made or refined at another location. Light industrial/manufacturing uses have little or no potential of creating noise, smoke, dust, vibration or other environmental impacts or pollution. Production processes do not employ the extensive use of hazardous or volatile materials or chemicals, produce continuous high levels of noise, produce obnoxious odors detectable off site, or produce off-site light or glare impacts. Storage of equipment or products that do not create environmental impacts, and mini-storage as a primary use is included. (See also "Heavy industrial/manufacturing.")

"Loading area" means an area designed and intended for the temporary parking of a vehicle while loading or unloading passengers, merchandise or other materials.

"Lot" means any area, tract or parcel of land owned by or under the lawful control and in the lawful possession of one distinct ownership undivided by a dedicated street or alley or another ownership, and which has a minimum of twenty (20) feet of frontage on a street.

"Lot area" means the area within the boundary lines of a lot. When creating new lots, the calculation for each new lot area shall not include public and private streets, wetlands, and other areas that may be restricted from use or from the types of development allowed by the zone in which the property is located, except when an unbuildable critical area, as defined per BMC 20.14.200, comprises twenty-five (25) percent or less of the lot, it may be included in the lot area.

"Lot, depth" means the horizontal distance between the front and rear property lines of a lot, measured along a line midway between the side property lines. The depth of an irregular lot or a lot having more or fewer than two (2) side lot lines will be determined in the most reasonable manner, based on the lot’s longest average dimension.

"Lot, flag" means a lot with access to its street by way of a narrow strip of land having a minimum width of twenty (20) feet. A flag lot consists of two (2) parts.

(1)    The "flag" or main body of the lot; and

(2)    The "panhandle" or narrow accessway connecting the body of the lot to the street.

"Lot line, front" means any property line that abuts a public street, private street, alley (if the alley provides primary access) or ordinary high water mark, and is considered a frontage. (See also Figure 20.44(a).)

"Lot line, rear" means the property line most opposite or most distant from the designated front lot line and does not intersect any front lot line. Corner lots do not have rear lot lines. (See also Figure 20.44(a).)

"Lot line, side" means any lot line not defined as a front or rear lot line, or any lot line that intersects a front lot line. (See also Figure 20.44(a).)

"Lot, waterfront" means a lot of which any portion abuts wetlands or any water body regulated under the Bremerton Shoreline Master Program.

"Lot, width" means the average horizontal distance between side lot lines, measured at right angles to the lot depth line. The Director may use reasonable modifications to this procedure when determining the width of an irregular lot.

(m)    Definitions "M":

"Maintain" means to allow to exist or continue to exist. Also, where the context indicates, to keep in a safe, neat and clean condition.

"Manufactured home" means a single-family dwelling required to be built in accordance with regulations adopted under the National Manufactured Housing Construction and Safety Standards Act of 1974 (42 U.S.C. 5401 et seq.). The unit shall bear an insignia issued by a state or federal regulatory agency indicating that the manufactured home complies with all applicable construction standards of the U.S. Department of Housing and Urban Development (HUD). Commercial coaches, recreational vehicles, travel trailers, and motor homes are neither manufactured homes nor dwelling units. (See "Mobile home.")

"Marina" means a facility which provides moorage or wet or dry storage for watercraft or float planes, and which may offer marine-related sales and services.

"Medical office" and "clinic" means an establishment primarily engaged in providing medical, dental or other health care services to patients on the premises, but which excludes facilities for overnight patient care. Medical clinics that do not have facilities for overnight patient care are included.

"Mini-storage," for the intent of this title, means an accessory business that may contain office and individual compartmentalized self-storage units, stalls, or lockers which are rented or leased for the storage of household or business goods, supplies or materials. Mini-storage shall be an accessory use that is subordinate and incidental to the permitted principal use. (See "Light industrial/manufacturing" for further clarification of "mini-storage" when it is a primary use).

"Mobile home" means a factory-built dwelling built before June 15, 1976, to standards other than the National Manufactured Housing Construction and Safety Standards Act of 1974 (42 U.S.C. 5401 et seq.), and acceptable under applicable state codes in effect at the time of construction or introduction of the home into this state. Mobile homes are accommodated within some existing mobile home parks, but are not allowed on individual lots. (See "Manufactured home.")

"Monument sign" means a freestanding sign placed on a base of solid appearance, wherein the width of the base is equal to at least forty (40) percent of the width of the sign face.

"Motion picture theater" means any premises in which motion pictures are shown as the principal use of the premises, and wherein fees of any kind are charged, and wherein such movies are shown on a regular basis.

"Multiple-building complex" means a group of structures housing a combination of business, office, residential, or other uses, and which shares a common area, access, parking and/or other facilities.

"Multiple-occupancy building" means a single building housing more than one (1) retail business, office, commercial venture or other allowed land use.

"Museum" and "gallery" means a building, room, vessel (boat or ship), or site intended for the preservation and exhibition of artistic, historical, or scientific objects.

(n)    Definitions "N":

"Nonconforming sign" means a sign that was legally established, but no longer conforms to the current sign standards of this title.

"Nursery" and "greenhouse" means facilities used for the propagation and sale of agricultural or ornamental plants and related products:

(1)    "Retail nursery/greenhouse" offers products to the general public including plant materials, planter boxes, fertilizer, sprays, garden tools, and related items.

(2)    "Wholesale nursery/greenhouse" raises nursery stock for sale to retail nurseries or other businesses.

(3)    "Greenhouse" means a nursery facility constructed with transparent or translucent materials for indoor propagation of plants. A private greenhouse with no commercial sales is considered an accessory use.

"Nursing/convalescent home" means any home, place or institution which operates or maintains facilities providing convalescent or chronic care, or both, for a period in excess of twenty-four (24) consecutive hours for three (3) or more patients not related by blood or marriage to the operator, who, by reason of illness or infirmity, are unable properly to care for themselves. Convalescent and chronic care may include but not be limited to any or all procedures commonly employed in waiting on the sick, such as administration of medicines, preparation of special diets, giving of bedside nursing care, application of dressings and bandages, and carrying out of treatment prescribed by a duly licensed practitioner of the healing arts. It may also include community-based care. This does not include group residential facilities, hospitals, sanitariums, or treatment centers.

(o)    Definitions "O":

"Office" and "business service, general" means a place of employment providing services other than production, distribution, sale or repair of goods or commodities, excluding personal business services and medical offices. General office and business services include: legal, architectural, engineering, consulting or other professional services, or management, administrative, secretarial, marketing, advertising, or similar services.

"Off-premises sign" means any sign, including billboard signs, that contains a message or directs attention to a business, profession, product, event, activity, or service that is not related to a use or activity conducted or offered on the premises or at the location where the sign is located, excluding official road direction signs but including the sign faces(s) that contain(s) the message or direction noted above, as well as the pole or other structure upon which the sign face is attached. Off-premises signs include off-premises banners and signs carried by human beings or live animals when carried on the public right-of-way or any off-premises location.

"Open space" means areas retained for use as active or passive recreation areas or for resource protection, including, but not limited to, landscape areas, gardens, walkways, courtyards, lawns, or outdoor recreation areas.

"Outdoor athletic fields" means outdoor facilities used for sporting activities such as softball, baseball, football, soccer, running track, tennis complex and other nonmotorized sports. Outdoor athletic fields may include bleachers, concession stands, lights, restrooms and other supporting facilities.

(p)    Definitions "P":

"Parcel" means a continuous quantity of land in single ownership or under single control, consisting of one (1) or more lots, and considered a unit for purposes of development. (See "Lot.")

"Park," "playground" and "open space" mean a site designed, developed, or reserved for recreational use by the public, such as play areas, community gardens and natural areas.

"Parking, satellite" means a parking lot containing parking stalls required for a permitted land use which conforms to BMC 20.48.220.

"Parking, structure" means a parking lot in which parking stalls are located either below grade, or in a multilevel building structure.

"Paved surface" means a surface paved with asphalt, concrete, concrete pavers, brick or similar durable materials. Low-impact development technologies which provide a hard surface while allowing for water penetration shall be classified as paved areas. Paved areas do not include gravel, crushed rock, and similar nonbound materials.

"Pedestrian-oriented" means development designed with an emphasis primarily focused on pedestrian access from the street and sidewalks rather than vehicle-dominant design. In general, buildings are placed close to the street and the main entrance(s) is oriented to the street sidewalk and generally includes windows or display cases along building facades which face the street or pedestrian areas.

"Personal service" means an establishment engaged primarily in providing services involving the care of a person, apparel or minor appliances, such as: shoe repairs, laundry and dry-cleaning, beauty and barber shops, clothing/costume rental, tanning, other personal grooming facilities and domestic assistance services, and personal computing device or cellular phone repairs. This does not include massage parlors, health care services, exercise establishments, nor funeral services.

"Physical fitness and health club" means an establishment primarily engaged in providing facilities for indoor physical fitness activities and recreation. Physical fitness and health clubs may include such facilities as gymnasiums, swimming pools, and ball courts.

"Pole sign" means a freestanding sign supported by uprights or braces wherein the width of the uprights or braces comprises less than forty (40) percent of the width of the sign face.

"Porch" means a roofed open area attached to a building or other structure, usually at an entrance to the structure. A porch that is enclosed, glazed or screened may lose its status as an appurtenance.

"Portable sign" means any sign designed to be moved easily and not permanently affixed to the ground or to a structure or building. A-frame or sandwich board signs, movable readerboard signs, and signs that are mounted, attached or painted on a trailer, boat or motor vehicle which is parked, stored or displayed conspicuously in a manner intended to attract the attention of the public are examples.

"Premises" means contiguous land in the same ownership or control not divided by a street or public right-of-way.

"Private club or lodge" means structures, facilities and grounds owned or operated by a private or fraternal organization for use by its members and guests.

"Projecting sign" means a sign, other than a wall sign, which is attached to and projects from a structure or building facade and the face(s) of which is not parallel to the building’s facade. This sign may be supported by a structure in addition to its building or wall support.

"Public administration" means services and facilities operated by public agencies and serving a community need, and generally including staffed facilities or office spaces. These include government offices, post offices, satellite police and fire stations, and other public buildings.

"Public distribution/transmission facility" means the infrastructure lines and connections employed in the delivery and conveyance of utility services. Distribution facilities include equipment such as pipes, wires, cables and similar equipment necessary for delivering utilities including water, sewer, electricity, gas, broadband, and other services. Publicly owned utilities as well as privately owned utilities that serve the general public are included. (See also "Public utility facility.")

"Public information/identification sign" means a sign intended solely to inform the public of events or activities of community interest, to identify the entrance to or exit from the City or a district or neighborhood within the City, and which does not include the advertising of any business, product or service of a commercial nature, nor any logo, symbol, or other indication of a commercial message or sponsorship.

"Public services" means services provided for the benefit of the general public, including fire protection and suppression, law enforcement, public health, education, information, recreation, environmental protection, development assistance/permitting, etc.

"Public utility facility" means facilities provided for the benefit of the general public related to infrastructure and utilities. These include structures and equipment such as transfer stations, substations, pumping stations, distribution mains, wells, and related utility facilities and the structures that house them. Publicly owned utilities as well as privately owned utilities that serve the general public are included. (See also "Public distribution/transmission facility.")

(q)    Definitions "Q": Reserved.

(r)    Definitions "R":

"Rapid charging station" means an industrial grade electrical outlet that allows for faster recharging of electric vehicle batteries through higher power levels, which meets or exceeds any standards, codes, and regulations set forth by Chapter 19.28 RCW and consistent with rules adopted under RCW 19.27.540.

"Recreational vehicle" means a vehicular-type unit primarily designed for recreational camping or travel use that has its own motive power or is mounted on or towed by another vehicle. These units include, but are not limited to, travel trailers, fifth-wheel trailers, folding camping trailers, truck campers, boat trailers, and motor homes.

"Recreational vehicle (RV) park" means a facility designed to provide two (2) or more sites on which to park travel trailers, motor homes or similar recreational vehicles for periods not to exceed thirty (30) days. Accessory uses to an RV park often include a swimming pool, playground equipment, convenience store, bathing and laundry facilities, and other camping/travel services.

"Recycling center" means a facility for the collection, storage and processing of recyclable materials including crushing, breaking, sorting, packaging and related operations. A "junk yard" is not a recycling center.

"Recycling collection station" means a facility consisting of structures, bins, or other containers designed or intended for the collection and temporary storage of recyclable materials until they are picked up and transported to another location for processing and/or packaging.

"Recycling collection station (limited)" means a recycling collection station for the collection of glass, tin cans, aluminum, cardboard, newspaper, magazines, plastics, and other recyclables in small units, but not including large appliances, furniture, auto parts, tires, hazardous or liquid wastes, or any forms of domestic garbage (putrescible wastes).

"Rehabilitation" means the upgrading of a building from a dilapidated or substandard condition.

"Residential, as secondary use" means when permitted in a nonresidential zone, a residential land use is not always accessory to other uses, but is considered secondary and subordinate to the principal uses of that zone. Residential uses are placed in locations that don’t conflict with street level frontage locations that are reserved for retail, office and other business uses that comprise the primary function of that zone. (See design standards in center and corridor zones.)

"Residential use" means structures meeting the definition of Group R occupancies under the edition of the International Building Code currently adopted for use by the City.

"Restaurant" means a commercial use which sells a variety of prepared food and beverages and provides accommodations for consuming those products on or off the premises.

"Restaurant, fast food" means an establishment whose principal business is the sale of a limited variety of preprepared or rapidly prepared food and beverages directly to the consumer for consumption either on premises or off premises. Food is generally not served to the customers’ tables, but is more often dispensed through a walk-up counter or drive-through take-out window.

"Retail, general" means an establishment primarily engaged in the sale or rental of goods or merchandise to the general public for personal or household consumption, and primarily rendering services incidental to the sale of such goods. Establishments with a portion of their sales going to other businesses or contractors, such as office supply stores, butcher shops, paint stores, hardware stores and similar shall also be considered general retail. Art studios shall also be included. General retail uses do not exceed seventy-five thousand (75,000) gross square feet of ground floor building area and do not include gas stations or outdoor automobile sales. Automobile sales that are wholly indoors (no outdoor storage or vehicles), shall be considered general retail.

"Retail, large" means an establishment with a building area of seventy-five thousand (75,000) gross square feet or greater in the ground floor, primarily engaged in the sale or rental of goods or merchandise to the general public or other businesses for personal, household or business consumption and primarily rendering services incidental to the sale of such goods. Large retail uses often include wholesale stores, discount stores, malls, shopping plazas, outlet centers, department stores and similar.

(s)    Definitions "S":

"Senior citizen" means an individual of fifty-five (55) years of age or older.

"Senior housing complex" means a planned residential community, intended and operated for occupancy by senior citizens, which consists of any mix of detached single-family or duplex dwellings and/or retirement apartments, wherein at least eighty (80) percent of the occupied units are occupied by at least one (1) senior citizen.

"Setback, maximum" means a required maximum horizontal distance between the finished exterior wall of a structure and the lot line of the lot on which it is located. Where maximum setbacks are stipulated, zone districts specify what portion of the structure’s finished front facade width must be located a distance equal to or lesser than the maximum setback from the property line. A maximum setback shall apply to the height of a structure up to fifteen (15) feet above grade, or the height of the building, whichever is less. Where not specified, no maximum setback shall apply.

"Setback, minimum" means the required horizontal distance between the finished exterior wall of a structure and the lot line of the lot on which it is located. All portions of a structure must be located away from the property line a distance equal to or greater than the minimum setback.

"Shop." Refer to the definition of "storage building."

"Shopping center" means a contiguous collection of retail businesses under one (1) ownership or common management located in a building or set of buildings.

"Sidewalk vendor" means a person(s) who sells edible or nonedible merchandise from a stand, booth, cart, basket, tray, table or other device on any sidewalk, street, highway or public place. They are not categorized as a land use.

"Sign" means any communication device, structure, or fixture which is intended to identify a building, use, business, or event; or to promote the sale of products, goods or services; using graphics, letters, figures, symbols, trademarks or written copy. Painted wall designs or patterns which do not represent a product, service or registered trademark, and which do not identify the user, are not considered signs. (See sign provisions of this code.)

"Sign structure" means any structure specifically intended to support a sign, and which may include supports, uprights, braces, framework, or other members needed for support.

"Social services" means establishments primarily engaged in providing social and rehabilitation services to improve life skills and increase socioeconomic opportunities for neighborhood or community residents of all ages. Establishments primarily engaged in providing welfare and charitable functions are included.

"Stacking lane" means a designated driving lane provided for vehicles waiting for, receiving, and exiting after receiving a service at a drive-up window from a permitted use. The lane is physically separated from other traffic and pedestrian circulation on the property and includes adequate area for cars to wait for service.

"Stadium and sports complex" means a large structure for open-air sports and entertainment generally consisting of tiered seating where people can sit and watch games or events. Sports complexes may also include recreational motor vehicle tracks such as go-cart tracks. Associated field houses and facilities for serving food are often included.

"Storage building" and "shop" mean an attached or detached accessory structure which is used for noncommercial storage of household goods or noncommercial recreational and hobby uses in association with the principal use.

"Storage yard, outdoor storage" means an outdoor area where vehicles, equipment, merchandise, raw materials, cargo containers, railroad cars, semi-truck trailers or other items are accumulated and stored for an indefinite period until needed. Storage yards are often used in conjunction with a warehouse, storage buildings, sheds or other structures and may be public or private. Unless a function of a government agency or public utility, storage yards are considered accessory to a business or other principal use.

"Story" means that portion of a building that extends from the floor surface to the surface of the floor above or, in the case of a top floor, to the ceiling or roof above. If a finished floor level is more than six (6) feet above the finished grade for more than fifty (50) percent of the total perimeter, the area beneath that floor shall be considered a story.

"Street" means the improved section of any public or private right-of-way intended primarily for motor vehicle travel and which affords the principal means of access to abutting property, together with bicycle lanes, sidewalks, and related improvements.

"Street, private" means a parcel at least twenty (20) feet in width, created specifically to provide motor vehicle access to abutting properties, the owners of which share in its ownership and maintenance responsibilities.

"Structure" means that which is built or constructed.

"Structure, accessory" means a structure that is incidental and subordinate to a principal structure and which is customarily found in connection with the principal structure and located on the same lot or parcel.

"Structure, principal" means a structure containing one or more principal uses, as permitted by the zone in which the property is located.

"Support structure" means any existing or proposed building, utility pole, or tower capable of supporting a wireless communications antenna. Support structures include, but are not limited to, existing buildings, water towers, and utility poles and/or towers.

(t)    Definitions "T":

"Temporary sign" means a sign that is not permanently affixed, and which is intended for short-term use, such as to advertise a specific activity such as a special promotion, sale, or fundraising event. For the purposes of this code, temporary signs are those displayed for between seven (7) and sixty (60) days.

"Townhouse." See "Dwelling, townhouse."

"Transient person" means a temporary lodger who stays no longer than thirty (30) days per visit.

"Transportation facility" or "multi-modal station" means a dedicated transit facility where several transit routes converge, including transit stations, transit stops, taxicab stands, transportation services, bicycle facilities, battery changing stations, electric vehicle charging stations, and similar. The transportation facility shall be owned, leased, or endorsed by a public transit authority for the purpose of providing public transportation services. A transportation facility is designed to accommodate several buses or multiple modes of transit that allows users to easily transfer between transit routes or modes. A transportation facility may provide transit passenger covered shelters and waiting areas, restrooms, and access for transit modes including buses, taxis and drop-off, and park and rides.

(u)    Definitions "U":

"Use" means the purpose or activity for which land or improvements are intended, occupied or maintained.

"Use, accessory" means a use that is incidental and subordinate to a principal use, which customarily is found in connection with the principal use, and which is located on the same lot or parcel such as a private garage, hobby shop, workshop, personal greenhouse, and required off-street parking.

"Use, conditional" means a use that is not permitted outright, but may be approved through a conditional use permit process. "Conditional use" shall have the same meaning as "special use," as employed in Bremerton Municipal Code.

"Use, principal" means the primary or main use conducted or allowed on a lot or parcel.

"Use, temporary" means a use that may occur on a lot on a short-term or seasonal basis for a prescribed period of time, which usually does not exceed a six (6) month duration during a twelve (12) month period.

(v)    Definitions "V":

"Vehicle- or trailer-mounted sign" means a sign placed or maintained on a stationary automobile, truck, trailer, or any other motor-driven vehicle. Vehicle- or trailer-mounted signs do not include signs painted or placed on commercial vehicles announcing or advertising the regular business activity of the vehicle owner. Vehicle- or trailer-mounted signs do not include signs on vehicles for sale at a licensed sales lot, nor signs on public transit vehicles including buses and licensed taxicabs.

"Vesting." A fully completed development application is "vested" at the time it is received by the permitting authority. The development may then be processed, permitted and carried out under the zoning, land division, and other regulations that were in effect when vesting occurred.

"Veterinary clinic" and "animal hospital" mean a facility providing routine and emergency medical attention to domestic pets and other animals.

(w)    Definitions "W":

"Wall sign" means a sign attached directly to or erected against the wall of a building with the face parallel to the facade of the building and extending no more than twelve (12) inches from the wall.

"Warehousing" means establishments involved in the storage and/or sale of bulk goods for resale or assembly, including wholesaling. This does not include establishments offering the sale of bulk goods to the general public, which may be classified as large retail.

"Worship and religious facility" means a building or structure primarily intended as a place for public worship and related activities such as religious education, meeting halls, and kitchens, or places for personal worship or meditation. It does not include vehicle or equipment storage yards, or other functions that are not clearly a necessary or integral part of the religious institution.

(x)    Definitions "X": Reserved.

(y)    Definitions "Y":

"Yard" means that portion of a lot that lies between a lot line (property line) and the building line. (See also "Lot, front," "Lot, side," and "Lot, rear.")

(1)    "Front yard" means the yard area extending the full width of the front of a lot between the front property line (lot line) and the front building line.

(2)    "Rear yard" means a yard extending the full width of the lot between the rear property line (lot line) and the rear building line. When irregular lots, through lots, and corner lots have no rear lot lines, they will have no rear yard areas as defined.

(3)    "Side yard" means a yard between the side lot line and the side building line and extending from the front yard to the rear yard. Triangular lots, corner lots, or other irregularly shaped lots may have only front and side yards. Through lots generally have two (2) front yards and two (2) side yards, but no rear yard as defined.

"Yard, construction or storage." See "Storage yard."

(z)    Definitions "Z":

"Zero lot line" means the location of a building on a lot in such a manner that one (1) of its sides rests directly on a side lot line with no setback. (Ord. 5458 §§3,4, 2022; Ord. 5369 §3, 2019; Ord. 5351 §2, 2018; Ord. 5345 §§5-9, 2018; Ord. 5326 §4, 2017; Ord. 5319 §§3, 4, 2017; Ord. 5312 §3, 2016; Ord. 5301 §3 (Exh. B) (part), 2016: Ord. 5249 §4, 2014: Ord. 5222 §3, 2013; Ord. 5205 §5, 2013; Ord. 5177 §3, 2012; Ord. 5063 §2, 2008; Ord. 5046 §2, 2008; Ord. 5008 §3 (part), 2007; Ord. 4977 §5, 2006; Ord. 4971 §4 (part), 2006; Ord. 4950 §8 (Exh. A) (part), 2005)