Chapter 18.40
DEFINITIONS

Sections:

18.40.010    General.

18.40.020    Common acronyms.

18.40.030    Definitions.

18.40.010 General.

Except where specifically defined herein, all words used in this code shall carry their customary meanings. Words used in the present tense include the future, and the plural includes the singular. The word “shall” is always mandatory; the word “may” denotes a use of discretion in making a decision. The word “used” or “occupied” shall be considered as though followed by the words “or intended, arranged or designed to be used, or occupied.” The words “land” and “property” are used interchangeably unless the context clearly indicates to the contrary. The word “building” includes the word “structure.” The word “person” shall include persons, associations, firms, partnerships or corporations, as well as the individual. Words used in the masculine gender include the feminine, and the feminine the masculine. (Ord. 2013-04 § 2 (Exh. A (part)), 2013)

18.40.020 Common acronyms.

AC

Administrative Conditional Use Permit

ADA

The Americans with Disabilities Act

ADU

Accessory Dwelling Unit

BMP

Best Management Practices

CUP

Conditional Use Permit

FAA

Federal Aviation Administration

FCC

Federal Communications Commission

GMA

The Washington State Growth Management Act of 1990

gsf

Gross Square Feet

LID

Low Impact Development

LOS

Level of service

PMC

Poulsbo Municipal Code

PMUD

Planned Mixed Use Development

PRD

Planned Residential Development

RCW

Revised Code of Washington

SEPA

State Environmental Policy Act

SPR

Site Plan Review

SF

Square Feet. Also s.f. and sq.ft.

WAC

Washington Administrative Code

'

Foot (relating to measurement)

"

Inch (relating to measurement)

%

Percent

(Ord. 2013-04 § 2 (Exh. A (part)), 2013)

18.40.030 Definitions.

A Definitions.

“Abutting” means contiguous or adjoining with a common boundary line, except that where two or more lots adjoin only at a corner or corners, they shall not be considered as “abutting” unless the common property line between the two parcels measures eight feet or more in a single direction. It shall include the terms “adjacent,” “adjoining” and “contiguous.”

“Accept” means to receive as complete and in compliance with all submittal requirements.

“Access” or “access way” means the place, means or the way by which pedestrians, bicycles and vehicles shall have safe, adequate and usable ingress and egress to a property or use as required by this title.

“Accessory dwelling unit (ADU)” means one or more rooms with private bath and kitchen facilities comprising an independent, self-contained dwelling unit within or attached to a single-family dwelling or in a detached building on the same lot as the primary dwelling unit. An ADU is distinguishable from a duplex in that, unlike a duplex, it is clearly subordinate to the primary dwelling unit, both in use and appearance.

“Accessory equipment structure” means an unstaffed structure that is subordinate and clearly incidental to the principal use or structure on the lot and may be used to house and protect the equipment necessary for the primary use. Associated equipment may include air conditioning and emergency generators.

“Accessory structure” means a building or structure which is clearly incidental to the primary structure on the same lot, such as a storage shed, gazebo or greenhouse.

“Accessory use” means a use of land or portion thereof which is clearly incidental and subordinate to the principal use of the land located on the same lot or premises.

“Acre” means a measure of land area containing forty-three thousand five hundred sixty square feet.

“Active recreation area” means an area which provides active recreation facilities for residents of the development of which it is a part.

“Actual construction” means the actual placing of building materials in their permanent position, fastened in a permanent manner, including any excavation.

“Addition” means the same as “enlargement.”

“Adjacent” means abutting or located directly across a street right-of-way.

“Adjoin” means the same as “abutting.”

“Adult day care” means an adult care service use providing regularly scheduled care for a period less than twenty-four hours. An adult care service use meeting the definition of an adult family home as defined pursuant to RCW 70.128.010(1) does not fall within the scope of this definition.

Adult Entertainment Definitions.

A.    Adult Arcade. An “adult arcade” is a commercial establishment containing individual viewing areas or booths, where, for any form of consideration, including a membership fee, one or more still or motion picture projectors, slide projectors, or other similar image-producing machines are used to show films, motion pictures, video cassettes, slides, or other visual representations that are distinguished or characterized by a predominant emphasis on matters depicting, describing, or simulating any specified sexual activities or any specified anatomical areas.

B.    Adult Cabaret. An “adult cabaret” is a nightclub, bar, restaurant, tavern or other similar commercial establishment, whether or not alcoholic beverages are served, that regularly features adult entertainment.

C.    “Adult entertainment” means:

1.    Any exhibition, performance or dance conducted in a sexually oriented business where such exhibition, performance or dance is distinguished or characterized by a predominant emphasis on depicting, describing, or simulating any specified sexual activities or any specified sexual anatomical areas; or

2.    Any exhibition, performance or dance intended to sexually stimulate any patron and conducted in a sexually oriented business where such exhibition, performance or dance is performed for, arranged with, or engaged in with fewer than all patrons in the sexually oriented business at that time, with separate consideration paid, either directly or indirectly, for such performance, exhibition or dance. For purposes of example and not limitation, such exhibitions, performances or dances are commonly referred to as table dancing, couch dancing, taxi dancing, lap dancing, private dancing or straddle dancing.

D.    Adult Motel. An “adult motel” is a hotel, motel, or similar commercial establishment which:

1.    Offers sleeping accommodations to the public for any form of consideration and provides patrons with closed-circuit television transmissions, films, motion pictures, video cassettes, slides, or visual representations that are distinguished or characterized by a predominant emphasis on matters depicting, describing, or simulating any specified sexual activities or any specified anatomical areas, and that has a sign visible from a public right-of-way that advertises the availability of this type of sexually oriented materials; or

2.    Offers a sleeping room for rent for a rental fee period of time that is less than ten hours; or

3.    Allows a tenant or occupant of a sleeping room to subrent the room for a period of time that is less than ten hours.

E.    Adult Motion Picture Theater. An “adult motion picture theater” is a commercial establishment where, for any form of consideration, motion pictures, films, video cassettes, slides, or other similar visual representations are regularly shown that are distinguished or characterized by a predominant emphasis on matters depicting, describing, or simulating any specified sexual activities or any specified anatomical areas.

F.    Adult Retail Store. An “adult retail store” is a commercial establishment such as a bookstore, video store, or novelty shop which as one of its principal business purposes offers for sale or rent, for any form of consideration, any one or more of the following:

1.    Books, magazines, periodicals or other printed materials, or photographs, films, motion pictures, video cassettes, slides, or other visual representations that are distinguished or characterized by a predominant emphasis on matters depicting, describing, or simulating any specified sexual activities or any specified sexual anatomical areas; or

2.    Instruments, devices, or paraphernalia that are designed for use in connection with any specified sexual activities.

“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 but not more than six adults who are not related by blood or marriage to the person providing the services.

“Affordable housing” means housing with a sales price or rental amount within the means of a household that may occupy low income housing. The price of affordable units is based on that amount a household can afford to pay for housing, when household income is less than eighty percent of the median annual income, adjusted for household size, as determined by the United States Department of Housing and Urban Development for Kitsap County; and when the household pays no more than thirty percent of household income for housing expenses.

“Affordable housing development agreement” means a written agreement between an applicant for a development and the city of Poulsbo containing specific requirements to ensure the continuing affordability of housing included in the development.

“Affordable housing dwelling unit” means any affordable housing subject to covenants or restrictions requiring such dwelling unit(s) to be sold or rented at prices preserving them as affordable housing for a period of at least twenty years.

“Agent” means a person who has written or oral, express or implied, authority to act on behalf of the legal owner.

“Agriculture, current use/conservation futures” means those activities conducted on lands defined in RCW 84.34.020(2), and those activities involved in the production of crops or livestock, for example, the operation and maintenance of farm and stock ponds; the operation and maintenance of ditches, irrigation systems (including irrigation laterals, canals, or irrigation drainage ditches); changes between agricultural activities; and normal maintenance, repair, or operation of existing serviceable structures, facilities, or improved areas. Activities that bring an area into agricultural use are not part of an ongoing operation. Forest practices and timber lands are not included in this definition.

“Aisle” means the corridor by which vehicles enter into and depart from parking spaces.

“Alley” means a public right-of-way or private easement which provides a secondary means of access to abutting lots, not intended for general traffic circulation.

“Alteration” or “altered” means any change, addition or modification in construction or occupancy or any change, addition or modification to a site, building or occupancy.

“Amateur or ham radio” means radio facilities operated for noncommercial purposes by individuals licensed by the FCC with an interest in construction and operation of radio equipment, usually as a hobby or avocation.

“Amendment” means a change in the wording, context or substance of this title or the comprehensive plan, or a change in the boundaries of a district upon the zoning district map or the boundaries of a designation on the comprehensive plan map.

“Amenity” means a natural or created feature that enhances the aesthetic and functional quality or makes more attractive or satisfying a particular property, place or area.

“Americans with Disabilities Act (ADA)” means a federal law designed to bring disabled Americans into the economic mainstream by providing them equal access to jobs, transportation, public facilities and services. The ADA contains requirements for most developments including accessible parking stalls, entrances and exits, pathways, and public facilities such as restrooms.

“Annexation” means the incorporation of a land area that is located within the Poulsbo urban growth area into the city of Poulsbo with a resulting change in the boundaries of the city.

“Antenna” means a device used to transmit and/or receive radio or electromagnetic waves between land- and/or satellite-based structures; any device commonly consisting of poles, panels, rods, reflecting discs or similar device used for the transmission or reception of radio frequency signals, typically mounted on a supporting tower, pole, mast or building.

“Apartment” means the same as “dwelling, multifamily.”

“Apartment house” means the same as “dwelling, multifamily.”

“Appeal” means a request for an impartial review of a land use decision or interpretation of land use-related codes rendered by any review body of the city of Poulsbo.

“Applicant” means a person submitting an application for development.

“Approved plan” means a plan that has been granted final approval by the appropriate approval authority.

“Area, site” means the area within the property lines.

Arterial. An “arterial” road delivers traffic from collector roads to freeways, other arterials, and between urban centers at the highest level of service possible.

“Assessed value” means the value at which property is appraised for tax purposes.

“Assisted living” means an establishment which provides living quarters and a variety of limited personal care and supportive health care to individuals who are unable to live independently due to infirmity of age, physical or mental handicap, and does not provide the skilled nursing care of a convalescent or nursing home. These facilities may consist of individual dwelling units of a barrier-free design, with separate bathroom facilities, a full kitchen or no kitchen. The facility may provide a minimal amount of supportive health care monitoring, such as assistance with medication, but is limited to health care services which do not require state or federal licensing. In addition, these facilities may have a communal dining area, recreation facilities (library, lounge, game room), laundry facilities and open space.

“Attached antenna” means an antenna that is affixed to an existing structure other than a wireless communication support structure.

“Attached sidewalks” means those sidewalks abutting the back of a curb.

“Auditorium” means a facility designed for the assembly of persons for exhibitions, performances, conferences, or other purposes serving an assembly function.

“Average” means the arithmetic mean.

“Awning” means a hood or cover which projects from the wall of a building, of a type which may or may not be retracted, folded or collapsed against the face of a supporting building.

B Definitions.

“Banner” means an on-site sign such as those used to announce an open house or a grand opening, or to make a special announcement. Normally, it is constructed of fabric and is without a rigid frame.

“Basement” means that portion of a story partly or totally underground and having at least one-half of its height more than five feet below the adjoining finished grade.

“Bed and breakfast” means a transient lodging establishment used to provide overnight guest lodging for compensation in which not more than ten rented guest rooms are provided and which usually provides a morning meal as part of the room rate structure.

“Berm” means a mound of earth, typically linear in form and generally used as a buffer between uses or properties.

“Best management practices” means activities, prohibitions of practices, maintenance procedures, and structural and/or managerial practices approved by the city that, when used singly or in combination, prevent or reduce the release of pollutants and other adverse impacts to the waters of Washington State.

“Binding site plan” means a type of land division that segregates a portion of a legal lot created for the sale or lease of commercially or industrially zoned property; placement of manufactured homes or travel trailers on leased sites; and creation of condominiums pursuant to RCW 58.17.040.

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

Block Face. Regarding infill development, the “block face” consists of all residential properties along both sides of a public or private right-of-way or easement, on which the infill development fronts. The block face shall be measured from intersection to intersection, to the road end, or two hundred feet in either direction from the building site, whichever is nearest.

“Boarding house” means any home or other institution, however named, which is advertised, announced, or maintained for the express or implied purpose of providing housing, basic services, and assuming general responsibility for the safety and well-being of the residents, and may also provide domiciliary care, consistent with Chapter 142, Laws of 2004, to seven or more residents after July 1, 2000. However, a boarding home that is licensed for three to six residents prior to or on July 1, 2000, may maintain its boarding home license as long as it is continually licensed as a boarding home. “Boarding home” shall not include facilities certified as group training homes pursuant to RCW 71A.22.040, nor any home, institution or section thereof which is otherwise licensed and regulated under the provisions of state law providing specifically for the licensing and regulation of such home, institution or section thereof. Nor shall it include any independent senior housing, independent living units in continuing care retirement communities, or other similar living situations including those subsidized by the Department of Housing and Urban Development.

“Breezeway” means a structure for the principal purpose of connecting the main building or buildings on a property with other main buildings or accessory buildings.

Buffer. A “buffer” is a physical land separation between land uses, often either landscaped or in a natural state intended to separate potentially conflicting uses and reduce visual, noise, odors or other impacts.

“Buildable area” means that area of a property remaining after area defined as a critical area and critical area buffer pursuant to Chapter 16.20 has been subtracted from the gross land area.

“Building” means any structure having a roof and walls, used or built for the shelter or enclosure of persons, animals or property of any kind.

“Building envelope” means that portion of a legal lot exclusive of the areas required for front, side, and rear yards and other required open spaces and which is available for siting and constructing a building or buildings.

Building Footprint. For purposes of this title, the “building footprint” is the outline of the exterior wall(s) of a building or portion of a building, and does not include courtyards, outdoor seating areas, eaves, balconies, or bay windows.

Building Height. See also Section 18.150.050. The vertical distance measured from the elevation of the finished grade at an exterior building wall or building segment to the highest point of the building wall or building segment. The overall building height shall be calculated as the average of all building sides. A “building segment” is when a break in the roof line, change in number of stories, or break in finished grade occurs of at least four feet.

“Building lot coverage” means that percentage of the total lot area covered by structures, including all projections except eaves, balconies, bay windows, driveways, concrete patios or an uncovered deck thirty-six inches or less above grade.

“Building official” means the designated building official for the city of Poulsbo or duly authorized designee, who is responsible for the administration and enforcement of the city’s adopted building code.

“Building segment” means that portion of a terraced building which has a separate roof line or finished floor elevation with a grade change of at least four feet.

“Building permit” means the permit required for new construction and additions pursuant to Title 15.

Building Wall. For purposes of this title, “building wall” is the exterior wall of a structure or building.

C Definitions.

“Caliper” means the diameter of a tree in inches as measured according to specifications promulgated by the American Association of Nurseryman in American Standard for Nursery Stock.

“Capital facilities plan” means the city of Poulsbo capital facilities plan element of the comprehensive plan adopted pursuant to Chapter 36.70A RCW and as such plan is amended.

“Carport” means a covered shelter for one or more vehicles that is open on at least two sides.

“Center, on” means the distance or spacing of trees or shrubs, and as measured from the center of two or more plants.

“Certificate of occupancy” means a permit to occupy or change occupancy in a structure, issued by the Poulsbo building department.

“City” means the city of Poulsbo, Washington.

“City arborist” means the contracted or city employee who is a current certified arborist by the International Society of Arboriculture and works under the direction of the planning director.

“City council” or “council” means the city council of the city of Poulsbo, Washington.

“City standards” shall mean standard specifications, technical drawings, detail drawings and other information the city has adopted as minimum standards.

“Clearing” means the destruction or removal of vegetation from a site by physical, mechanical, chemical or other means. This does not include landscape maintenance or pruning consistent with accepted horticultural practices, such as those recommended by the Washington State University Extension Service, which does not impair the health or survival of the trees or native vegetation.

“Clinic, medical/dental” means a building designed and used for the diagnosis and treatment of human patients which does not include overnight care facilities.

Collector. A “collector” road is a moderate capacity road which serves to move traffic from local access streets to arterial roads.

Commercial Retail. See “retail sales.”

“Commercial convenience” means a commercial establishment engaging in the retail sale of a limited line of goods intended for the site’s residents or employees. Typical uses include small food and drug stores, variety stores selling confectionery, beverages, personal care items, newspaper and magazines, and/or hardware.

“Commercial vehicle” means any vehicle with or without identifying commercial signage which is used primarily for a commercial purpose and is twenty-two feet in length or greater.

“Compatible design” means a building and/or site design which blends with the surrounding area. This might include a pitched roof of a similar pitch to surrounding roofs, trim, shutters or other architectural window detail; horizontal siding and/or brick exterior; and similar unit size or scale.

“Comprehensive plan” means a long-range plan intended to guide the growth and development of a community or region that typically includes inventory and analytic sections leading to recommendations for the community’s future economic development, housing, recreation and open space, transportation, community facilities and land use, all related to the community’s goals and objectives for these elements.

“Conditional use” means an activity specified by this title as a principal use, permitted when authorized by the appropriate approval authority and subject to certain conditions.

“Condominium” means a development consisting of an undivided interest in common for a portion of a parcel coupled with a separate interest in space in a residential or commercial building on the parcel.

“Confidential shelters” means shelters for victims of domestic violence as defined and regulated in Chapter 70.123 RCW and Chapter 388-61A WAC. Such facilities are characterized by a need for confidentiality.

“Congregate care senior housing” means a complex of dwellings, exclusively designed for and occupied by households having at least one person sixty-two years of age or older, which provides common facilities such as but not limited to dining, recreation, and practical nursing care. Some of the dwellings may contain kitchens; some may not.

“Contiguous” means the same as “abutting.”

Convalescent Home. See “nursing home.”

“Cottage” means detached dwelling units clustered around a commonly owned courtyard/common area.

“Courtyard” means an open, uncovered, and unoccupied space within an allotted property line.

“Critical root zone” means the area where the majority of the tree’s roots are located. This root zone is generally the area surrounding a tree trunk at a distance equal to one foot for every inch of tree diameter at breast height (dbh). This area is described as the radius of a circle around the tree.

“Crown” means the portion of a tree containing leaf- or needle-bearing branches.

“Crown cover” means the ground area within the dripline or perimeter of the foliage of a tree.

“Cul-de-sac” means the circular turnaround at the end of a dead-end street.

“Cultural resources” means the historic or prehistoric or archaeological sites and standing structures, cemeteries, burial grounds and funerary objects and distributions of cultural remains and artifacts.

D Definitions.

“Day care center” means a state licensed child care service use providing regularly scheduled care for a period of less than twenty-four hours. “Day care center” means any child care facility other than a family day care home and includes infant centers, preschools, and extended day care facilities.

“Dedication” means the limited grant by a property owner allowing the use of property by the public for specified purposes by means of a deed or transfer to the city.

“Deed” means a legal document conveying ownership of real property.

“Demolish” means to raze, destroy, dismantle, deface or in any other manner cause partial or total ruin of a structure or other improvement.

“Density” means a measurement of ratio comparing the number of dwelling units with land area in relationship to a specified amount of land, expressed as the number of residential dwelling units per acre of land or the amount of land area expressed in the square feet of land assignable to each dwelling unit in a residential development.

Density, Maximum. The “maximum density” shall be calculated by multiplying the development’s subject site gross acreage by the maximum number of dwelling units allowed in the applicable zoning district. Maximum density is used to determine the maximum number of lots or units that may be achieved in a development.

Density, Minimum. The “minimum density” shall be calculated by multiplying the development’s subject site net acreage by the minimum number of dwelling units required in the applicable zoning district. (“Net acreage” is the development subject site’s gross acreage minus acreage for public rights-of-way, street tracts, private road easements, critical area and buffer protection, and storm management facilities, but not including parks and public or private recreation facilities dedicated or created as an integral part of the development.)

“Detached accessory structure” means a building or structure that is secondary to and associated with a primary single-family or multifamily structure, such as sheds, greenhouses or similar structures.

“Detached garage” means a building or structure intended for the storage and parking of vehicles that is physically separated from the primary residential structure.

“Detached sidewalks” means a sidewalk separated from the back of curb by a uniform width planting strip.

“Developer” means any person, firm or corporation undertaking the development of any parcel of land.

“Development” means all structures and other modifications of the natural landscape above and below ground, on a particular site.

“Director, planning” means the director of the Poulsbo planning department for the city of Poulsbo or the director’s authorized representative.

“District” means a land use zoning district.

“Division of land” means the separation of any parcel of land into two or more parcels.

“Dog day care” means a facility where dogs may be groomed, trained, exercised, and socialized, but not kept overnight, bred, or sold.

“Doorway identification nameplates” means a nonelectric sign that is limited to the name, address, and number of the building, institution or person and is limited to the activity carried on in the building or institution or to the occupancy of the person.

“Dormitory” means a residential structure intended principally for sleeping accommodations, where no individual kitchen facilities are provided, and which is related to an educational or public institution or is maintained and operated by a nonprofit welfare organization.

“Drive-through facility” means a facility or structure that is designed and intended to allow drivers to remain in their vehicles before and during participation in an activity on the site.

“Driveway” means a private way providing ingress and egress from one or more lots, parcels or tracts to a public or private street.

“Duplex” means one building containing two single-family dwelling units totally separated from each other.

“Dwelling” or “dwelling unit” means a single unit providing a complete independent living space for one or more persons, including permanent facilities for living, sleeping, eating, cooking and sanitation.

“Dwelling, multifamily” means a building designed to house two or more persons or families living independently of each other. Includes duplexes, triplexes, fourplexes, townhouses, apartments and other multi-unit configurations.

“Dwelling, single-family” means a building containing but one kitchen, designed for and occupied exclusively by one family, except where a valid accessory dwelling unit has been approved.

E Definitions.

“Easement” means a grant of one or more of the property rights by the property owner to and/or for use by the public, a corporation or another person or entity.

“Ecology” means the Washington State Department of Ecology.

“Egress” means an exit from a building or site.

“Elevation, building” means a scale drawing of the side, front or rear of a structure.

“Emergency repair” means the work necessary to prevent destruction or dilapidations to real property or structural appurtenances thereto immediately threatened or damaged by fire, flood, earthquake or other disaster.

“Employees” refers to all persons, including proprietors, working on the premises.

“Employer” means a sole proprietorship, partnership, corporation, unincorporated association, cooperative, joint venture, agency, department, district or other individual or entity, whether public, nonprofit or private, that employs workers.

“Engineer” means an individual licensed by the state of Washington to practice engineering.

“Enlargement” means an increase in size of an existing structure or use, affecting the physical size of the property, building, parking, and other improvements.

“Erosion control” means the design, installation, and maintenance of measures to control erosion and sedimentation during and after construction and to permanently stabilize soil exposed during and after construction using a combination of structural control measures, cover measures, and construction practices.

“Essential public facilities (EPF)” means public facilities and privately owned or operated facilities serving a public purpose that are typically difficult to site. Essential public facilities are defined in RCW 36.70A.200 and include:

airports, state education facilities and state or regional transportation facilities, as defined in RCW 47.06.140, regional transit authority facilities as defined in RCW 81.112.020, state and local correctional facilities, solid waste handling facilities, and in-patient facilities including substance abuse facilities, mental health facilities, group homes and secure community transition facilities as defined in RCW 71.09.020.

“Essential public facility, local” means an EPF meeting the definition in RCW 36.70A.200 and which is owned, operated, or sponsored by the city of Poulsbo, a special purpose district, Kitsap County (for facilities that do not provide service to the county-wide population), or another unit of local government. An EPF is “sponsored” by a local government when it is to be owned or operated by a nongovernmental entity pursuant to a contract with the local government to provide the EPF.

“Essential public facility, regional” means an EPF meeting the definition in RCW 36.70A.200 and which is owned, operated, or sponsored by Kitsap County or a regional agency, whose boundaries encompass the city and which serves the county-wide population or an area that is greater than the county. An EPF is “sponsored” by the county or a regional agency when it is to be owned or operated by a nongovernmental entity pursuant to a contract with the county or regional agency to provide the EPF.

“Essential public facility, state” means an EPF that is owned, operated, or sponsored by the state of Washington.

“Exception” means permission to depart from a specific design standard in this title.

“Existing grade” means the existing elevation of land prior to any cuts and fills or other disturbances, which may, at the discretion of the director, be determined by a topographic survey or soil sampling.

“Expansion” means construction which increases the floor area to an existing building, structure or complex.

F Definitions.

“Facade” means any exterior building face, from corner to corner and finished floor to eave, exclusive of any roof area.

“Face” means to front upon.

Family. See “household.”

“Family day care home” means a state licensed day care provider as defined in RCW 74.15.020 who regularly provides day care for not more than twelve children in the provider’s home.

“Farmers market” means an indoor and/or outdoor retail market open to the public consisting of three or more independent vendors, with each vendor operating independently from other vendors and subleasing booths, stalls or tables for the purpose of selling farm-grown or home-grown produce, food, flowers, plants or other similar perishable goods, and/or new wares, used goods or merchandise, which operates for a minimum of six months per year.

“Fence” means a barrier, including supporting posts, enclosing or separating a field, yard, or other real property. This definition includes solid and open fences. A fence may be constructed of wood, masonry or other material.

“Fence, sight-obscuring” means a fence constructed or arranged in such a way as to obstruct vision.

“Findings” means a written statement of the facts determined to be relevant by the review authority as the basis for making its decision. The review authority applies the relevant facts to the approval criteria or standards to reach its decision.

“Fire marshal” means the designated fire marshal for the city of Poulsbo or duly authorized designee, who is responsible for the administration and enforcement of the city’s adopted fire code.

“Floor area, gross” means the area included within the inside finished wall surface of the surrounding exterior walls of a building, excluding interior openings in floor plates (e.g., vent shafts, stairwells and interior atriums), outdoor courts and exterior balconies.

Front. See “lot line, front.”

“Frontage” means that portion of a parcel of property that abuts a dedicated public street, highway or approved private street, from property line to property line.

“Fronting street” shall mean a public or private road providing for vehicular access to the boundary of a parcel of real property being proposed for development.

G Definitions.

“Garage, private” means a sheltered or enclosed space designed and used for the storage of motor vehicles or boats of the residents of the premises.

“Garage, public” means a structure or portion thereof for the storage of vehicles or trailers. Any garage open to use by members of the public.

“Glare” means unwanted light that causes eyestrain, discomfort, nuisance or adversely affects a visual task.

“Grade” means average ground level around a building; for the purposes of measuring building height, “grade” is defined as the average elevation of the finished surface of the ground or paving where it touches the building per building wall or segment.

“Grade, finished” means grade following development.

“Grade, highest sidewalk” means the highest elevation of the sidewalk parallel to the building frontage.

“Grading” means any excavation, filling or combination thereof.

“Grading permit” means the permit required under Title 15.

“Grocery store” means a store or marketplace whose primary and substantial retail is the selling of food and which includes both a fresh produce and meat section.

“Gross floor area” means the same as “floor area, gross.”

“Gross square feet” means the sum of the total number of square feet within the inside finished wall surface of the outer building walls of a structure, excluding vent shafts, outdoor courts and parking (structured and surface).

“Ground-disturbing action or activity” means any development, construction, or related operation which could alter the site, including but not limited to: tree clearing or tree stump removal, removal of vegetation, soil disruption, road or building construction or grading.

“Group home” means a place of residence for the handicapped, physically or mentally disabled, developmentally disabled, homeless, or otherwise dependent persons. Group homes are intended to provide residential facilities in a home-like environment. Such homes range from licensed establishments operated with twenty-four-hour supervision to nonlicensed facilities offering only shelter. They shall not include correctional facilities (except as authorized by Chapters 137-56 and 137-57 WAC for work/training release programs), nursing homes, Type III group care facilities, foster family homes, or adult family homes as defined by the Washington State Department of Social and Health Services or its successor agency. Group homes include but are not limited to the following:

A.    “Home for the disabled” means a home or other facility which provides board and domiciliary care to individuals who, by reason of infirmity, require such care. An infirmity may be based on conditions including, but not limited to, physical handicap, mental illness, and other developmental disabilities. These group homes are a type of boarding home, as defined and regulated in Chapter 18.20 RCW. However, boarding homes serving the aged infirm are not included in this definition.

B.    “Group home for youth” means any home maintained and operated for the care of children on a twenty-four-hour basis as defined and regulated in Chapter 388-73 WAC and Chapter 74.15 RCW.

C.    “Group home for offenders” means a home or other facility operated for housing and supervision of work/training release residents during their stay in a work/training release program as defined and regulated in Chapters 237-56 and 137-57 WAC.

“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 but not more than six 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. Section 3604(f)(3)(b).

“Guest house” means a detached accessory building designed, constructed and used for the purpose of providing temporary living accommodations for guests, or for members of the same household as that occupying the main structure, and containing no kitchen or kitchen facilities.

H Definitions.

“Hazardous waste” means all dangerous and extremely hazardous waste as defined in RCW 70.105.010 except for moderate risk waste.

“Hazardous waste storage” means the holding of dangerous waste for a temporary period as regulated by State Dangerous Waste Regulations, Chapter 173-303 WAC.

Height (of Building). See “building height.”

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

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

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

“Home business” means a use conducted entirely within a residential building or allowed detached accessory structure, which is clearly incidental and secondary to the use of the residence for dwelling purposes, and for which no customers or clients visit the home for business purposes.

“Home occupation” means a use conducted entirely within a residential building or allowed detached accessory structure, which is clearly incidental and secondary to the use of the residence for dwelling purposes, and for which customers or clients visit the home for business purposes, and complies with the criteria established in Section 18.70.070(F).

“Homeless shelter” means a facility offering lodging and/or emergency shelter to homeless individuals, and meeting the standards of Chapter 246-360 WAC.

“Homeowners’ association” means a nonprofit corporation or association operating under a recorded land agreement through which:

A.    Each person owning or purchasing a lot in a planned unit, land or other described area is automatically by such ownership or purchase a member; and

B.    Each lot is automatically subject to a charge for a proportionate share of the expenses for the organization’s activities, such as maintaining a common area and improvements.

“Hospice care center” means facilities licensed under Chapter 70.41 RCW which provide for the emotional and physical care of terminally ill patients. Such centers provide food, lodging, and palliative care on a full-time (twenty-four-hour) basis for two or more people, unrelated to the center’s operator, who are in the latter stages of a disease expected to cause death.

“Hospital” means a building requiring a license pursuant to Chapter 70.41 RCW and designed and used for the medical and surgical diagnosis, treatment and housing of persons under the care of doc-

tors and nurses and including ancillary uses such as cafeterias, florist and patient- and visitor-related services. Rest homes, nursing homes, convalescent homes and clinics are not included.

Host Agency. In relation to RCW 35A.21.360, a “host agency” is a religious organization that owns or controls the property on which a temporary transitory accommodation is proposed to be located and that applies for a temporary use permit for transitory accommodations to provide basic services and support to transitory accommodation residents. A “host agency” may be the same entity as the sponsoring agency.

“Hotel, boutique” means a building or portion thereof designed to provide transient lodging for compensation. Boutique hotels differ from nationalized hotel/motel brands, by their smaller size, architectural style, service distinction and individuality, often based on the geographic area in which it is located.

“Hotel/motel” means a building or portion thereof designed or used to provide transient lodging for compensation. A central kitchen and dining room and accessory shops and services catering to the general public can be provided.

“Household” means one or more persons related by blood, marriage, or adoption, or a group of not more than six persons not related by blood or marriage, living together as a single housekeeping unit in a dwelling unit. For purposes of this definition, children with familial status within the meaning of 42 U.S.C. Section 3602(k), and individuals with disabilities within the meaning of 42 U.S.C. Section 3602(h), and others under protection by the Fair Housing Act, will not be counted as unrelated persons. Adult family homes as defined by Chapter 70.128 RCW are included within the definition of household.

“Household pets” includes dogs, cats, rabbits, gerbils, guinea pigs, hamsters, cage birds, fish, nonvenomous reptiles and amphibians, and other animals of similar size and character normally associated with a dwelling and generally housed within the dwelling unit.

I Definitions.

“Impact fee” means the fee levied as a condition of issuance of a building permit or development approval to support necessary public improvements affected by the development such as the transportation system, park acquisition and development, and schools.

“Impervious surface” means a nonvegetated surface area that either prevents or retards the entry of water into the soil mantle as under natural conditions prior to development. A nonvegetated surface area which causes water to run off the surface in greater quantities or at an increased rate of flow from the flow present under natural conditions prior to development. Common examples include, but are not limited to, rooftops, walkways, patios, driveways, parking lots, storage areas, concrete or asphalt paving, gravel roads, packed earthen materials and oiled macadam or other surfaces which similarly impede the natural infiltration of stormwater.

“Improvement” means any permanent structure including building, paving, or infrastructure that becomes part of, is placed upon, or is affixed to property.

“Ingress” means access or entry onto a site, parcel, lot or building.

J Definitions.

“Joint parking” means the development and use of parking areas on two or more separate properties for joint use by the businesses on those properties.

“Junkyard/salvage yard” means a place where waste, discarded, or salvaged materials are bought, sold, exchanged, baled, packed, disassembled, or handled, including auto wrecking yards, house wrecking yards, used lumber yards, and places where such uses are conducted entirely within a completely enclosed building, but not including pawn shops or establishments for the sale, purchase, or storage of used furniture and household equipment, used cars in operable condition, or salvaged materials incidental to manufacturing operations.

K Definitions.

“Kitchen” means any room or rooms, or portion thereof, used or intended to be used for cooking or the preparation of food, and includes a permanently placed stove.

L Definitions.

Land Area. See “area, site.”

“Land disturbing activity” means any activity that results in movement of earth, a change in the existing soil cover (both vegetative and nonvegetative) or existing soil topography.

Land Use. In relation to this title, “land use” is the use to which an area of land, or building thereon, is put, and the human activity taking place thereon. Categories of land uses in this code are found in Chapter 18.50 and the district-specific land use charts.

“Landscaping” means to beautify or improve a section of ground by contouring the land and planting flowers, shrubs or trees. Landscaping may include existing native vegetation. Landscaping may also include nonvegetative improvements such as courtyards, fountains, pedestrian walkways, plazas, and medians.

“Lattice tower” means a wireless communications support structure, which consists of a network of vertical and horizontal supports and crossed metal braces, forming a tower that is usually triangular or square in cross-section.

Legal Owner. See definition of “owner.”

“Legally created lot” means a lot properly created pursuant to the laws and requirements of the state of Washington and the local government having jurisdiction at the time of the lot’s creation.

“Live/work units” means a building use that combines business activities within the same structure as a residential living space. Live/work units are distinctive from mixed use because the business owner or employee must live in the unit.

“Livestock” means any horse, beef or dairy cattle, sheep, goat, llama, alpaca, mule, jack, jenny, burro, emu, ostrich, poultry or similar animal.

“Load space” or “loading area” means an off-street space or berth on the same lot or parcel with a building or use, or contiguous to a group of buildings or uses, for the temporary parking of a vehicle which is loading or unloading merchandise or materials.

“Logo” means a group of letters, typically stylized, or symbols that represent a word, group of words or business name.

“Lot area” means the computed area contained within a subject site or parcel lot lines.

“Lot, corner” means a lot abutting upon two or more streets at their intersection.

Lot Coverage. See “building lot coverage.”

“Lot depth” means the horizontal length of a straight line drawn from the midpoint of the front lot line to the rear lot line. In the case of a corner lot, the depth shall be the length of its longest side lot line.

“Lot, flag” means a lot generally in the shape of a flag, where access is typically by a narrow, private easement or driveway.

“Lot, interior” means a lot or parcels of land other than a corner lot.

“Lot, legal” means a parcel of land used or which is capable of being used under the regulations of this title, lawfully created as such in accordance with the subdivision laws or ordinances in effect at the time of its creation.

“Lot line” means any line bounding a lot as herein defined.

“Lot line, front” means the property line abutting a street, or the edge of a private street, or primary access. For a flag lot, the front lot line is the shortest lot line adjoining the pole portion of the lot, excluding the unbuildable portion of the pole. On a corner lot, the planning director shall determine which of the lot lines shall be considered the front lot line and street side lot line, based upon the proposed orientation of the house at the time of building permit application.

“Lot line, rear” means a lot line that is opposite and most distant from the front lot line.

“Lot line, side” means any lot line that is not a front or a rear lot line.

“Lot of record” means a legal lot shown on the records of the county auditor at the time of the passage of an ordinance or regulation establishing the zoning district in which the lot is located.

“Lot, through” means a lot having front and rear frontage on two streets and/or highways. Lots with rear alley frontage shall not be considered through lots.

“Lot width” means the horizontal distance between the side lot lines measured within the lot boundaries or the average horizontal distance measured halfway between the front and rear setback lines.

“Low impact development (LID)” means a stormwater and land use management strategy that strives to mimic predisturbance hydrologic processes of infiltration, filtration, storage, evaporation and transpiration by emphasizing conservation, use of on-site natural features, site planning, and distributed stormwater management practices that are integrated into a project design.

A.    “LID best management practices” means distributed stormwater management practices, integrated into a project design, that emphasize predisturbance hydrologic processes of infiltration, filtration, storage, evaporation and transpiration. LID BMPs include, but are not limited to, bioretention/rain gardens, permeable pavements, roof downspout controls, dispersion, soil quality and depth, minimal excavation foundations, vegetated roofs, and water reuse.

B.    “LID principles” means land use management strategies that emphasize conservation, use of on-site natural features, and site planning to minimize impervious surfaces, native vegetation loss, and stormwater runoff.

Low Income Housing. See “affordable housing.”

M Definitions.

“Maintain” means to allow to continue in existence. When the context indicates, the word shall mean to preserve and care for a structure, or to improve in condition an area to such an extent that it remains attractive, safe, and presentable and carries out the purpose for which it was installed, constructed or required.

“Manufacture” includes production, processing, assembling, packaging or treatment of semi-finished or finished products from raw materials or previously prepared materials or components.

“Manufactured home” means a single-family residence constructed after June 15, 1976, and installed in accordance with the U.S. Department of Housing and Urban Development (HUD) requirements for manufactured housing and bearing the appropriate insignia indicating such compliance.

“Manufactured home, designated” means a manufactured home constructed after June 15, 1976, in accordance with state and federal requirements for manufactured homes. Conforms to federal Manufactured Home Construction and Safety Standards (HUD Code—“Red Label”) rather than to the building code (“Gold Label”) requirements.

“Manufactured home development” means a site containing spaces with required improvements and utilities for the long-term placement of manufactured homes. This term shall also include “mobile home parks.”

“Manufactured home, modular” means a home built in modules at a factory. Modular homes conform to all state and local building codes. Modules are transported on truck beds, and then joined together at the site. (Regulated under the IBC standards.) This definition includes “prefabricated,” “panelized” and “factory built” units.

“Manufactured home, new” means a manufactured home required to be titled under RCW Title 46, which was not titled to retail purchaser before July 1, 2005, and was not a “used mobile home” as defined in RCW 82.45.032. (Regulated under the HUD construction and safety standards.)

“Manufactured home subdivision” means a subdivision created for the placement of manufactured homes on individual lots.

“Marquee” means a roofed structure attached to and supported by the building and projecting over public property.

“Master plan” means a comprehensive, long-range site plan for a development project. The project may be located on a single parcel or on several contiguous parcels that are owned by one or more parties working cooperatively and collectively, and is usually implemented in phases with site-specific permit approvals.

“Mixed use development” means the development of a tract of land, building or structure with a variety of complementary and integrated uses, such as, but not limited to, residential, office, manufacturing, retail, public or entertainment, in a compact urban form.

“Mixed use structure” means a single structure containing at least two complementary, integrated, or mutually supporting uses (such as residential, offices, manufacturing, retail, public service, or entertainment). The structure must achieve physical and functional integration within itself.

“Mobile food truck” means motorized vehicles from which food or drink (prepared on site or pre-packaged) is sold or served to the public, whether consumed on site or elsewhere.

“Mobile home” means a residential structure transportable in one or more sections, which is built on a permanent chassis, used as a single-family home when connected to the required utilities. (Generally built before June 15, 1976.)

“Mobile vending cart” means a cart or wagon that can be pushed or pulled (not self-propelled) which is not affixed to the ground and is mobile; and which is operated for the purpose of vending food, drink, or retail goods.

“Monopole tower” means a wireless communications support structure, consisting of a single pole to support antennas and connecting appurtenances.

Motel. See “hotel/motel.”

“Multifamily” means a building designed to house two or more families living independently of each other. Includes duplexes, triplexes, fourplexes, townhouses, apartments and other multi-unit configurations.

N Definitions.

“Natural or existing topography” means the topography of the lot, parcel or tract of real property immediately prior to any site preparation or grading, including excavation or filling.

“Neighborhood commercial” means small commercial establishments located in residential areas, with the function of providing for the needs of consumers, clients or residents within a limited geographic area.

“New development” means development of a site not previously developed or redevelopment of a site which involves demolition of all existing structures and construction of new structures.

“Nonconforming lot” means a lot that does not conform to the area, width, depth or street frontage regulations of the district in which it is located due to changes in zoning ordinance requirements, condemnation or annexation.

“Nonconforming site” means a lot which does not conform to site development regulations, including but not limited to the landscaping, parking, fence, driveway, street opening, pedestrian amenity, screening and curb cut regulations, of the district in which it is located due to changes in zoning ordinance requirements, condemnation or annexation.

“Nonconforming structure” means a structure which does not conform to the dimensional regulations, including but not limited to setback, height, lot coverage, density and building configuration regulations, of the district in which it is located due to changes in zoning ordinance requirements or annexation.

“Nonconforming use” means the use of a structure or of land which does not conform to the regulations of the district in which the use exists due to changes in zoning ordinance requirements or annexation.

“Nonprofit community organization” means a bona fide nonprofit organization recognized by the United States Internal Revenue Service as a charitable institution exempt from taxation under Section 501(C) of the Internal Revenue Code and whose principal offices or meeting place is located within the city of Poulsbo.

“Nursing home” means any home, place or institution which operates or maintains facilities providing convalescent or chronic care, for twenty-four consecutive hours for three or more patients not related by blood or marriage to the operator, who by reason of illness or infirmity are unable to properly 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 care of mentally incompetent persons. Nothing in this definition shall be construed to include general hospitals or other places which provide care and treatment for the acutely ill and maintain and operate facilities for major surgery or obstetrics, or both. Nothing in this definition shall be construed to include any boarding home, guest home, hotel or related institution which is held forth to the public as providing and which is operating to give only board, room and laundry to persons not in need of medical or nursing treatment or supervision except in the case of temporary acute illness. The mere designation by the operator of any place or institution as a hospital, sanitarium, or any other similar name, which does not provide care for the acutely ill and maintain and operate facilities for major surgery or obstetrics, or both, shall not exclude such place or institution from the provisions of this code; provided, that any nursing home providing

psychiatric treatment shall, with respect to patients receiving such treatment, comply with the provisions of RCW 71.12.560 and 71.12.570. See Chapter 18.51 RCW.

O Definitions.

“Occupancy certificate” means a city certificate allowing the use of a building or structure after it has been determined that all the requirements of applicable ordinances have been met; also “certificate of occupancy.”

“Occupant” means any individual living or sleeping in a building, or having possession of a building or space therein.

“Off-site impact” means a condition that creates, imposes, aggravates or leads to inadequate, impractical, unsafe or unhealthy conditions on a site proposed for development or on off-site property or facilities. This includes, but is not limited to, noise, glare, and odor.

“Off-site improvement” means improvements required to be made off site to address impacts identified from an application for development and including, but not limited to, road widening and upgrading, stormwater facilities, and traffic system improvements.

“Office, professional” means a building to be used for purpose of providing professional, administrative or business-related services.

“Offset” means a recess or protrusion in a building’s wall.

“Open space, common or private” means land within or related to a development, not individually owned or dedicated for public use, that is designed and intended for the common use or enjoyment of the residents and may include such complementary structures and improvements as are necessary and appropriate.

“Outdoor display” means the temporary and accessory sale of products or materials related to the season, such as Christmas trees, firewood or spring/summer season products such as bedding plants, landscape plants, bagged products such as potting soil, mulch and other soil amendments, landscaping hardscape (such as stones, pavers) and other related products.

“Outdoor storage” means the outdoor placement of products, whether for sale, rent or as material for processes occurring on the site. This includes products on pallets, in shipping containers or in crates.

“Overlay” means a designated area within a base zoning district for which specific land use regulations apply, in addition to the base zoning requirements.

“Owner” means the owner of record of real property as shown on the tax rolls of Kitsap County, or a person purchasing a piece of property under contract.

“Ownership interest” means a property interest under a recorded deed or under a contract of purchase, recorded mortgage, or recorded deed of trust by which the applicant is responsible under penalty of forfeiture, foreclosure or default for payment of real property taxes and/or local improvement district assessments. The term shall also include a share ownership in a cooperative housing association, corporation or partnership if the applicant can establish that his or her share represents the specific unit or portion of such structure.

P Definitions.

“Parent lot/parcel” means, regarding subdividing, the larger parcel of land from which new parcels are divided.

“Park, city” means a recreational facility and/or open space operated by the city under the direction of the park director or his or her designee for the use and benefit of the general public.

“Parking area, public” means an open area other than a street or other public way, used for the parking of automobiles and available to the public whether for a fee, free of charge or as an accommodation for clients or customers.

“Parking space” means a permanently surfaced and marked area for the parking of a motor vehicle, excluding paved area necessary for access.

“Party of record” means a person or group who makes an appearance in a proceeding through the submission of either written or verbal evidence. Groups shall designate one person as a representative or contact.

“Pathway” means, in relation to this title, a deliberate, manmade pathway designed for use by pedestrians, bicyclists, and other nonmotorized users.

“Pedestrian area” means any sidewalk, walking trail, courtyard, plaza or other area intended primarily for use by pedestrians.

“Pedestrian connection” means a continuous, accessible, and usable area, open at either end and designed primarily to provide public access between two or more accessible spaces.

“Perimeter” means the boundaries or borders of a lot, tract or parcel of land.

“Permitted use” means those uses allowed as a matter of right within certain zoning districts; provided, that such use is in accordance with requirements of the particular district and general conditions stated elsewhere in this title.

“Permittee” means the person who is proposing to use or who is using the land pursuant to any permit required herein.

“Person” means any individual, partnership, co-partnership, firm, company, corporation, association, joint stock company, trust, estate, governmental entity, or any other legal entity; or their legal representatives, agents, or assigns. This definition includes all federal, state or local governmental entities.

“Personal service use” means an establishment that provides services involving the care of a person or person’s apparel, such as salons, barber shops, banks and credit unions, laundry and dry cleaning services, shoe/apparel repair shops, and the like.

“Pet day care” means the same as “dog day care.”

“Planned mixed use development (PMUD)” means a development in a commercial district that promotes the integration of commercial businesses and residential units in close proximity to each other.

“Planned residential development (PRD)” means a development designed in a manner that facilitates greater variety, creativity and diversified residential projects; preserves or protects unique or sensitive physical features; promotes more economic and efficient use of land; and provides open space and recreational amenities; than would be possible under conventional land development.

“Planning commission” means the planning commission of the city of Poulsbo, Washington.

“Planting strip” means the area from the back of curb and the front of sidewalk or the area in the raised median used for grass or approved landscaping plants.

“Plat, final” means the final drawing of the subdivision or short subdivision and dedication prepared for filing for record with the Kitsap County auditor and containing all elements and requirements set forth in this title and in state law.

“Plat, preliminary” means an orderly and approximate drawing to scale of either a proposed subdivision or short subdivision showing the general layout of streets and alleys, lots and blocks, and other required submittals which shall furnish a basis for the approval or disapproval.

“Plaza” means a continuous open space which is readily accessible to the public at all times, open above, and designed specifically for use by people as opposed to serving as seating for a building.

“Poultry” means domesticated fowl such as chickens, ducks, geese and similar, and all game birds which are legally held in captivity.

“Predominant” means, regarding infill development, the most frequently occurring residential design characteristic along both sides of the road frontage along the block face.

“Premises” means a lot or number of lots on which is situated a building or group of buildings designed as a unit, or on which a building or group of buildings are to be constructed.

“Preserved” means leaving in the present condition.

“Primary” means the largest or most substantial use or element on the property, as in “primary” activity, residence, entrance, etc. All other similar elements are secondary in size or importance.

“Primary structure” means the structure on a site that houses the principal use. For residential uses, the primary structure houses the dwelling unit(s). For nonresidential uses, the primary structure houses the use undertaken on the site. Primary structures do not include structures that contain only certain functions or equipment that support the principal use, such as

sheds, garages, or mechanical equipment structures.

“Prohibited use” means a use that is not permitted in a base zoning district; any use that is not specifically enumerated in this title as a permitted or conditional use; or has not been determined by the planning director to be a legal nonconforming use.

“Project area” means the portion of a site where development activity will take place.

“Project improvements” shall mean site improvements and facilities that are planned and designed to provide service for a particular development project and that are necessary for the use and convenience of the occupants or users of the project, and are not system improvements.

“Project permit” means any land use or environmental permit or approval for a proposed action that is subject to the procedural provisions of Title 19.

“Protected area, tree root” means all land within and surrounding the critical root zone of those trees to be preserved.

“Publicly accessible space” means an area that is open to the general public for passage, recreation or shopping during normal business hours.

Q Definitions.

“Qualified professional” means a person with experience and training in the pertinent scientific discipline, and who is a qualified scientific expert with expertise appropriate for the relevant subject.

R Definitions.

“Recreation space, common or private” means interior or exterior areas designed and set aside exclusively for diversion, amusement or entertainment, including, but not limited to, swimming pools, tennis courts, rest areas, or picnicking areas, located and designed for common use of all residents.

“Recreational vehicle” means a vehicle with or without motor power, which is designed for sport or recreational use; or which is designed for human occupancy on an intermittent basis such as vacation trailers, motor homes and fifth-wheel trailers. A camper is considered a recreation vehicle when it is standing alone.

“Regional retail, large-size” means a singular retail or wholesale user who occupies fifty thousand one square feet or more of gross floor area, typically requires high parking to building area ratios and has a regional sales market. Regional retail uses can include, but are not limited to, supercenters, membership warehouse clubs, discount stores, retail chain home improvement stores and department stores.

“Regional retail, midsize” means a singular retail or wholesale user who occupies fifty thousand square feet or less of gross floor area. Midsize regional retail users can include, but are not limited to, drug stores, fresh format or traditional grocery stores, specialty retailers, sporting goods, and discount or dollar stores.

“Remodel” means an internal or external modification to an existing building or structure that does not increase the site coverage.

“Residential care facility” means any state or federally approved facility, other than a clinic, used as a residence for the care or rehabilitation of dependent children, the elderly, and the physically and/or mentally handicapped. Residential care centers shall provide care to seven or more residents.

“Residential care home” means any state or federally approved dwelling used as a residence for the care or rehabilitation of dependent children, the elderly, and the physically and/or mentally handicapped. Residential care homes shall provide care for six or fewer residents.

“Restaurant” means a restaurant at which food and drink is generally intended to be consumed on the premises.

“Restaurant, fast food” means an establishment which offers quick and drive-up food service which is accomplished through a limited menu of items already prepared and held for service, or prepared, fried, or griddled quickly, or heated in a device such as a microwave oven. Orders are not generally taken at the customer’s table, and food is generally served in disposable wrappings or containers.

“Retail sales” means commercial establishments primarily engaged in selling goods or merchandise to the general public for personal, business, or household consumption and rendering services incidental to the sale of such goods. Some characteristics of retail sales establishments are:

A.    The establishment is usually a place of business and is engaged in activity to attract the general public to buy.

B.    The establishment buys and receives as well as sells merchandise.

C.    It may process, repair, or manufacture some of the products, such as jewelry, baked goods, apparel, pottery, or consumer electronics, where such processing, repair, or manufacturing is incidental or subordinate to sale activities.

D.    Retail establishments sell to consumers for their own personal or household use.

“Review authority” means the person or body responsible for interpreting and/or deciding a land use permit or activity, and as set forth in Title 19, Project Permit Application Procedures.

“Right-of-way, public” means the property held by the city or other governmental jurisdiction for existing and/or future public access including land occupied or intended to be occupied by a street, crosswalk, pedestrian and bike paths, railroad, road, electric transmission line, oil or gas pipeline, water main, sanitary or storm sewer main, street trees or other special use.

“Road” means the same as “street.”

“Road, private” means a way open to vehicular ingress and egress established as a separate tract for the benefit of certain, adjacent properties. This definition shall not apply to driveways.

“Road, public” means all public property reserved or dedicated for street traffic.

“Roof” means the exterior surface and its supporting structure on the top of a building.

“Roof line” means the uppermost line of the roof of a building or, in the case of an extended or mansard facade, the uppermost height of said facade.

Rooming House. See “boarding house.”

S Definitions.

“Sales, retail” means sale to the ultimate consumer for direct consumption and not for resale.

“Sales, trade or wholesale” means sales for resale and not for direct consumption.

“School” means an institution primarily engaged in academic instruction for all or part of the K through twelve educational program, public, parochial or private, and recognized or approved as such by the state. A school may also include the following uses: common accessory uses such as associated meeting rooms, auditoriums, athletic facilities and support facilities related to school district operations (e.g., offices, kitchens, counseling centers, Head Start, child care, adult education, and family support centers).

“School, pre” means an institution primarily in child training and academic instruction prior to the mandatory first grade.

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

“Search ring” means, regarding wireless communications facilities, a geographic area identified by the communications service provider as necessary within which to locate a wireless facility or to enhance or expand its service.

“SEPA” means State Environmental Policy Act, as amended.

“SEPA Rules” means Chapter 197-11 WAC, as adopted, revised, and amended by Ecology and by Chapter 16.04.

“Setback” means the minimum allowable horizontal distance from a given point or line of reference, such as a property line or street right-of-way, to the nearest vertical wall, such as the structure’s foundation.

Short Plat or Short Subdivision. A “short subdivision” is the division or redivision of land into four or fewer lots, tracts, parcels, sites or divisions for the purpose of sale, lease, or transfer of ownership.

“Sidewalk” means a facility made of concrete or other approved material for the conveyance of pedestrians usually adjacent to a street or between streets.

“Sight distance triangle” means a clear view area maintained within a triangular space at the corner of a lot so that it does not obstruct the view of travelers upon the streets, as determined by the city engineer.

“Sight-obscuring planting” means a planting of evergreen trees and shrubs that will prevent a through penetration of sight.

“Sign” means any structure, device, advertisement, advertising device or visual representation intended to advertise, identify or communicate infor-

mation to attract the attention of the public for any reason.

A.    “Sign, abandoned” means any sign advertising a business, product, service, activity or purpose which is no longer conducted or publicly available and which has deteriorated into a state of disrepair. “Disrepair” shall mean a sign face or structure that is peeling, chipping, rusting, wearing, fading, rotting, breaking or otherwise deteriorating, or has vegetation growing upon it or obscuring the sign face or sign parts.

B.    “Sign area” means the entire area of a sign on which graphics, letters, figures, symbols, trademarks and/or text is to be placed, excluding sign structure, architectural embellishments and framework. Sign area is calculated by measuring the perimeter enclosing the extreme limits of the module or sign face containing the graphics, letters, figures, symbols, trademarks, and/or text; provided, however, the area of any sign using individual letters, numbers or symbols with a canopy, awning or wall as the background, without added decoration or change in the canopy, awning or wall, shall be the area within the shortest line drawn to include all letters, design and tubing which are a part of the sign or structure.

C.    “Sign, awning” means a sign attached to or incorporated into an awning. Awning signs are a type of wall-mounted sign.

D.    “Sign, banner” means a sign usually of cloth, paper, plastic or other nonrigid material with no enclosing framework that is fastened or otherwise attached to support structures spanning horizontally and overhanging an area, and generally temporary in nature.

E.    “Sign, billboard” means an outdoor advertising structure, twelve feet by twenty-five feet or larger.

F.    “Sign, business directory” means a type of business identification sign that lists the names of the individual uses in a development or multiple-user building.

G.    Sign, Changeable Copy. See “sign, reader board.”

H.    “Sign, construction” means a temporary sign giving the name or names of principal contractors, architects, lending institutions, or other persons or firms responsible for construction on the site where the sign is located, together with other related information.

I.    “Sign, development identification” means a sign that identifies the name of the development. For the purpose of sign standards, a “development” consists of multiple-business centers such as shopping malls, industrial and business parks, residential developments, and multiple-business buildings.

J.    “Sign, directional” means a sign designed and erected solely for the purpose of traffic or pedestrian direction, and which is placed on the property to which or on which the public is directed.

K.    Sign, Electronic Reader Board. “Electronic reader board sign” means an electrically activated sign whose message content, either in whole or in part, may be changed by means of electronic programming.

L.    “Sign face” means the portion of the sign on which the graphics, letters, figures, symbols, trademark or text is placed.

M.    “Sign, flashing” means any sign which contains an intermittent or flashing light source or which includes the illusion of intermittent or flashing light by means of animation or an externally mounted intermittent light source. Time and temperature signs are excluded from this definition.

N.    “Sign, flush mounted” means a flat sign which projects one foot or less from the face or wall of the building, including parapet, upon which it is affixed, painted or attached, running parallel for its whole length to the face or wall of the building, and which does not extend beyond the horizontal width of such building.

O.    “Sign, freestanding” means a sign that is not attached to a building and is erected on a frame connected to the ground. Pole signs and monument signs are specific types of freestanding signs. A freestanding sign does not include a portable sign.

P.    “Sign height” means the vertical distance measured from finished grade at the point of support to the top of the sign and includes the sign’s structure.

Q.    “Sign maintenance” means the repair or refurbishment of a sign, sign structure or any part of each.

R.    “Sign, mansard” means a sign attached to a roof-like facade architecturally comparable to a building wall.

S.    “Sign, marquee” means a sign commonly placed over the entrance to a theater, stating the name of the play or movie appearing at the venue, and often includes a surrounding cache of light bulbs that flash intermittently.

T.    “Sign, monument” means a permanent, freestanding sign mounted on a base or other support, and is erected on a frame connected to the ground.

U.    “Sign, neon” means an illuminated sign constructed from fluorescent lights in the form of bent glass tubes, the different colors being obtained by adding different noble gases to the neon.

V.    “Sign, off-premises” refers to signs that advertise goods, products, services or facilities and direct persons to a location different from where the sign is installed.

W.    “Sign, on-premises” refers to signs that carry only advertisement strictly to a lawful use of the premises on which it is located.

X.    “Sign, political” means any temporary sign which displays the name and/or picture of an individual seeking election or appointment to a public office or which pertains to a forthcoming public election or referendum or which advocates political views or policies.

Y.    “Sign, projecting” shall mean any sign other than a wall sign, which is attached to or projects twelve inches or more from a structure or building face or wall.

Z.    “Sign, reader board” means a sign constructed for the placing of advertising messages, which messages are changeable by use of manually removable or electrically changeable letters.

AA.     “Sign, roof” means a sign erected upon the roof of a building, the entire face of which is situated above the roof line of the building to which it is attached, and which is wholly or partially supported by said building.

BB.     “Sign, rotating” means a sign, any portion of which moves or is movable by any mechanical manner.

CC.     “Sign, sandwich board” means a portable sign, typically in the shape of an inverted V, with two sign boards attached to each other at the top of the sign; also known as a sidewalk or A-frame sign.

DD.     “Sign, stake” means a sign that is temporary and affixed to a wooden or metal stake that is placed in the ground.

EE.     “Sign, structural alteration” means any change or modification in the supporting members of the structure, such as the pole, cabinet, or footing/foundation.

FF.     “Sign, structure” means any structure which supports or is capable of supporting any sign.

GG.     “Sign, temporary” means any sign, banner, pennant, valance or advertising display intended to be displayed for only a limited amount of time.

HH.     “Sign, wall-mounted” means a permanent sign that is attached to, erected against, or painted on any exterior wall, fascia or window of a building or structure. For the purpose of this title, signs that shall be considered wall-mounted signs include flush mounted signs, signs on marquees and awnings, projecting signs and signs erected on the side of a mansard roof.

II.     “Sign, wall painted” means an advertisement painted directly on the wall of a building.

JJ.     “Sign, window” means any sign affixed to (or painted on) the inside or outside of a window and intended to be viewed from the exterior of the structure.

Single-Family. See “dwelling, single-family.”

“Site” means a lot or group of lots associated with a certain application, building or buildings or other development.

“Sponsoring agency” means an organization that is a joint applicant with a host agency for a transitory accommodation temporary use permit application, and assumes responsibility for providing basic services and support to transitory accommodation residents. A “sponsoring agency” may be the same entity as a host agency.

“Start of construction” means the start of permanent construction; activities include the pouring of slab or footings, the installation of pilings, construction of columns or any work beyond site preparation, excavation, setting of temporary forms or the placement of accessory buildings or a manufactured home on site.

“Stealth design” means a wireless communications facility’s support structure, antennas or accessory equipment structure that is designed to blend in with the existing physical environment, and reduce visual impacts to the extent possible.

“Stepback” means the result when an upper level or portion of a building is set back from the building story below.

“Storage space” means sufficient space, either in individual dwelling units or common storage rooms, to provide adequate, secure, and convenient storage for items owned by building tenants.

“Story” means that portion of a building between the surface of any floor and the surface of the next floor above it; or, if there is no floor above it, the space between such floor and ceiling.

“Street” means a private or public way designed primarily for vehicular traffic. It includes the terms “road,” “highway,” “avenue,” “boulevard,” “thoroughfare,” or other traffic way, and usually includes improvements, including curbs, sidewalks, and street pavement within the right-of-way.

“Street frontage” means the linear frontage of a parcel of property abutting a single public street.

“Street, private” means a thoroughfare that is a privately owned means of access to a property or properties.

“Street, public” means a thoroughfare or right-of-way dedicated, deeded, condemned or otherwise acquired by the public for use as such, other than an alley, which affords the principal means of access to abutting property including avenue, place, way, drive, lane, boulevard, highway, road, and any other thoroughfare.

“Structure” means a combination of materials constructed and erected permanently on or under the ground, or attached to something having a permanent location on or under the ground. Not included are residential fences, retaining walls or rockeries less than forty-eight inches in height and similar improvements of a minor character.

“Subdivision” means the division or redivision of land for the purpose of sale, lease or transfer of ownership. The term “subdivision” also applies to an area or tract of land that has been subdivided.

“Subordinate use” means a use which is secondary or incidental to a permitted or principal use.

“Substantial construction” means construction or improvement of a structure that equals or exceeds fifty percent of the market value of the structure.

“System improvements” means public facilities that are included in the capital facilities plan and are designed to provide service areas within the community at large, in contrast to project improvements.

T Definitions.

“Telecommuting” means the use of telephones, computers or other similar technology to permit an affected employee to work at home or at a location closer to home than the affected employer’s principal worksite.

“Temporary” means a period not to exceed one year except as otherwise provided in this title.

“Temporary use permit” means a license authorizing a short-term use of property.

“Tenant improvements” means construction improvements typically made to the interior of a nonresidential building to fit the building to a particular tenant’s needs, or to create separate tenant spaces. Typically it involves such things as adding or removing walls, ceilings and doors; rewiring for electrical outlets and lighting; and providing plumbing, sprinklers, counters and walk-in coolers, often as part of a separate lease space in a building.

“Through-ventilation” means the encouragement of natural cross-ventilation.

“Townhouse” means a single-family dwelling unit which is part of a group of two or more such units separated by a completely independent structural wall (including utilities in separate walls), extending from the ground to the roof in accordance with the applicable building code and which has no doors, windows or other provisions for human passage or visibility through the wall. See also “dwelling, multifamily.”

“Tract” means a piece of land set aside in a separate area for dedication to the public, a homeowners’ association, or other entity (e.g., open space, recreational facilities, tree preservation, wetland or other sensitive lands).

“Traffic study” means a study of traffic behavior by a licensed traffic engineer.

Trail. See definition of “pathway.”

“Transient lodging” means lodging provided for a fee or charge in a hotel, motel, boarding house, bed and breakfast, short-term stay use or other granting of any similar license to use real property for a period of less than thirty days.

“Transit” means a multiple-occupant vehicle operated on a for-hire, shared-ride basis, including bus, ferry, rail, shared-ride taxi, shuttle bus or vanpool.

“Transit facility” means a development provided by a public transportation provider, which is designed to aid or encourage community use of a multi-modal public transportation system, such as bus, van/carpools and park and ride facilities.

“Transitory accommodation” means shelters that are not permanently attached to the ground, that may be easily erected, dismantled or moved, and are intended for temporary occupancy.

“Transplant” means the relocation of a tree or other vegetation from one place to another on the same property.

Tree. Any self-supporting perennial woody plant with a trunk diameter of greater than two inches that matures at a height greater than six feet is generally referred to in the nursery and landscape industry as a tree.

“Tree, hazard” means any tree with structural defect, disease or proximity to persons or property that makes it subject to a high probability of failure, as determined and recommended by a qualified and certified arborist or urban forester.

“Tree removal” means the removal of a tree by digging up, cutting down or other act which causes the tree to die.

“Tree, street” means a tree located within a street right-of-way or street tree easement, adjacent to public or private streets, including undeveloped areas.

“Tree tract” means a separate tract of land, specifically set aside for the retention and/or planting of trees, and consistent with the limitations and requirements of an approved land use permit. Stormwater retention/detention facilities and other common areas may be considered tree tracts if they currently or are designed to support the growth of trees.

U Definitions.

“Undevelopable area” means an area that cannot be used practicably for a habitable structure because of natural conditions, such as slopes, severe topographic relief, water bodies, or conditions that isolate one portion of a property under another portion so that access is not practicable to the unbuildable portion. Undevelopable area also includes manmade conditions such as existing development restrictions that prohibit development of a given area of a lot by law or private agreement; or existence or absence of easements or access rights that prevent development of a given area.

Unit. See definition of “dwelling unit.”

“Urban forestry” means the art and science of planning, managing, and protecting natural and planted vegetation in urban areas.

“Use” means an activity or purpose for which land or premises or a building thereon is designed, arranged or intended, or for which it is occupied or maintained, let or leased.

“Utility” means services, facilities and infrastructure that produce, transmit, carry, store, process or dispose of electric power, gas, water, sewage, communications, oil, stormwater, and the like.

“Utility facilities” means the physical facilities and appurtenances necessary for the provision of sanitary sewer, water, stormwater drainage, electricity, natural gas, telephone, and cable, such as utility buildings, sewage pumping stations, substations, storm drainage detention facilities, and other similar facilities located on a specific site and necessary for the operation of a utility.

“Utility system” means physically dispersed elements through which a utility supplies service, including but not limited to underground transmission and distribution lines; pipes; mains; interceptors; cables and underground conduits; overhead lines and poles, transformers and regulator stations, pad-mounted switches, switches and above-ground transformers; and underground transformers.

V Definitions.

“Variance” means an administrative or quasi-judicial decision to lessen or otherwise modify the requirements of the development code.

“Vehicle” means a motorized conveyance that includes but is not limited to an automobile, car, motorcycle, small watercraft, Jet Ski or snowmobile in operable condition.

Vehicle, Recreational. See definition of “recreational vehicle.”

Vending Cart. See definition of “mobile vending cart.”

“Veterinary clinic or hospital” means the office of one or more licensed veterinarians, including operating space, and space for the overnight keeping of animals.

“Visual obstruction” means an obstruction of vision through landscaping, structure or device in those areas near intersections of roadways and motor vehicle access points where a clear field of vision is necessary for traffic safety.

W Definitions.

“Walkway” means a facility for pedestrian use to or through a parcel that may or may not be adjacent to the street. Walkways may differ from sidewalks in standards, alignment, shape, location, construction materials, and overall installation.

“Wireless communications facilities” means the site, wireless communications support structures, antennas, accessory equipment structures, and appurtenances used to transmit, receive, distribute, provide or offer wireless telecommunications services. Wireless communications facilities include, but are not limited to, antennas, poles, towers, cables, wires, conduits, ducts, pedestals, vaults, buildings, electronics, and switching equipment.

Wireless Communication Facilities, Co-Located. A “co-located wireless communication facility” exists when more than one wireless communication provider mounts equipment on a single building or support structure.

“Wireless communications support structures” means a structure erected to support wireless communications antennas and connecting appurtenances. Wireless communications support structures may include but are not limited to lattice tower, monopoles, and guyed towers.

“Wireless communications systems” means the sending and receiving of radio frequency transmissions and the connection and/or relaying of these signals to land lines and other sending and receiving stations (cell sites), and including but not limited to cellular radiotelephone, personal communications services (PCS), enhanced/specialized mobile radio (ESMR), commercial paging services, and any other technology which provides similar services.

X Definitions.

“Xeriscape” means a landscape method that utilizes water-conserving techniques, such as the use of drought-tolerant plants, mulch and efficient irrigation.

Y Definitions.

“Yard” means any open space on the same lot with a building or a dwelling group, which open space is unoccupied and unobstructed by any structure from the ground upward to the sky. Required setback areas shall be considered yards as defined herein.

“Yard, front” means an open space defined by setbacks extending the full width of the lot between a setback line and the front lot line, unoccupied, and unobstructed from the ground upward, except as specified elsewhere in this title. On a corner lot, the planning director shall determine which of the yards shall be considered the front yard and street side yard, based upon the proposed orientation of the house at the time of building permit application.

“Yard, rear” means an open space defined by setbacks extending the full width of the lot between a setback line and the rear lot line, unoccupied, and unobstructed from the ground upward, except as specified elsewhere in this title.

“Yard, side” means an open space defined by setbacks extending from the front yard to the rear yard between a setback line and the nearest side lot line, unoccupied, and unobstructed from the ground upward, except as specified elsewhere in this title.

“Yard, street side” means, on corner lots where two streets intersect, an open space defined by setbacks extending from the front lot line to the rear lot line, along the side of the lot which fronts on a street and between the setback line and side street lot line, unoccupied, and unobstructed from the ground upward, except as specified in this title.

“Youth-oriented facility” means facilities providing recreational and/or educational opportunities for youth, including but not limited to Boys and Girls Clubs, YMCAs, indoor or outdoor youth sports facilities, little league baseball, and other youth sports associations.

Z Definitions.

“Zoning district” means a geographic area which corresponds to a comprehensive plan designation and which specifies allowed and conditionally allowed uses and applicable standards for development within the district. Also referred to as “zone” or “district.” (Ord. 2020-10 § 2 (Exh. A § 6), 2020; Ord. 2020-01 § 2 (Att. A (part)), 2020; Ord. 2013-04 § 2 (Exh. A (part)), 2013: Ord. 2007-56 § 2, 2007; Ord. 2003-10 §§ 1 (Exh. A, I(F)), § 3 (part), 2003; Ord. 2000-19 § 1, 2000; Ord. 88-42 § 1 (part), 1988. Formerly 18.08.010, 18.64.020)