Chapter 16.10
DEFINITIONS
Sections:
16.10.030 Alteration of a land segregation.
16.10.040 Amendment of a land segregation.
16.10.070 Boundary line adjustment.
16.10.160 Kitsap public health district.
16.10.170 Kitsap public health officer.
16.10.190 Large lot subdivision.
16.10.200 Legal lot of record.
16.10.300 Road maintenance agreement.
16.10.360 Vacation of a land segregation or plat vacation.
16.10.010 Generally.
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 and the most current version of Merriam-Webster’s Collegiate Dictionary shall be considered as providing ordinary accepted meanings. It is recommended that the reader also consult definitions in Chapters 15.08, Flood Hazard Areas – Definitions; 17.110, Zoning – Definitions; Sections 18.04.030, State Environmental Policy Act – Additional definitions; 18.16.030, Timber Harvest – Definitions; Chapters 19.150, Critical Areas Ordinance – Definitions; and 22.150, Shoreline Master Program – Definitions.
(Ord. 637 (2024) § 7(C) (App. C), 2024)
16.10.020 Aliquot part.
“Aliquot part” means a quarter division of a section of land in the public domain.
(Ord. 637 (2024) § 7(C) (App. C), 2024)
16.10.030 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. 637 (2024) § 7(C) (App. C), 2024)
16.10.040 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. 637 (2024) § 7(C) (App. C), 2024)
16.10.050 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. 637 (2024) § 7(C) (App. C), 2024)
16.10.060 Block.
“Block” means a group of lots, tracts and/or parcels within well-defined and fixed boundaries.
(Ord. 637 (2024) § 7(C) (App. C), 2022)
16.10.070 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. 637 (2024) § 7(C) (App. C), 2022)
16.10.080 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. 637 (2024) § 7(C) (App. C), 2022)
16.10.090 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. 637 (2024) § 7(C) (App. C), 2022)
16.10.100 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. 637 (2024) § 7(C) (App. C), 2022)
16.10.110 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. 637 (2024) § 7(C) (App. C), 2022)
16.10.120 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. 637 (2024) § 7(C) (App. C), 2022)
16.10.130 Engineer.
“Engineer” means the county road engineer designated by Section 2.32.030.
(Ord. 637 (2024) § 7(C) (App. C), 2022)
16.10.140 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 this title.
(Ord. 637 (2024) § 7(C) (App. C), 2022)
16.10.150 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. 637 (2024) § 7(C) (App. C), 2022)
16.10.160 Kitsap public health district.
“Kitsap public health district” means the local health district organized pursuant to Chapters 70.05 and 70.46 RCW.
(Ord. 637 (2024) § 7(C) (App. C), 2022)
16.10.170 Kitsap public health officer.
“Kitsap public health officer” means the health officer of the Kitsap County public health district or his/her designees.
(Ord. 637 (2024) § 7(C) (App. C), 2022)
16.10.180 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. 637 (2024) § 7(C) (App. C), 2022)
16.10.190 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 one-one-hundred-twenty-eighth 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 one-thirty-second of a section.
(Ord. 637 (2024) § 7(C) (App. C), 2022)
16.10.200 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. 637 (2024) § 7(C) (App. C), 2022)
16.10.210 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. 637 (2024) § 7(C) (App. C), 2022)
16.10.220 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. 637 (2024) § 7(C) (App. C), 2022)
16.10.230 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. 637 (2024) § 7(C) (App. C), 2022)
16.10.240 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. 637 (2024) § 7(C) (App. C), 2022)
16.10.250 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. 637 (2024) § 7(C) (App. C), 2022)
16.10.260 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. 637 (2024) § 7(C) (App. C), 2022)
16.10.270 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. 637 (2024) § 7(C) (App. C), 2022)
16.10.280 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. 637 (2024) § 7(C) (App. C), 2022)
16.10.290 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. 637 (2024) § 7(C) (App. C), 2022)
16.10.300 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. 637 (2024) § 7(C) (App. C), 2022)
16.10.310 Segregation.
“Segregation” is synonymous with “land segregation.”
(Ord. 637 (2024) § 7(C) (App. C), 2022)
16.10.320 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. 637 (2024) § 7(C) (App. C), 2022)
16.10.330 Subdivider.
“Subdivider” means a person, as defined herein, who undertakes to create a land segregation.
(Ord. 637 (2024) § 7(C) (App. C), 2022)
16.10.340 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. 637 (2024) § 7(C) (App. C), 2022)
16.10.350 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. 637 (2024) § 7(C) (App. C), 2022)
16.10.360 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. 637 (2024) § 7(C) (App. C), 2022)
16.10.370 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. 637 (2024) § 7(C) (App. C), 2022)