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Chapter 18.06
DEFINITIONSSections:
18.06.010 Accessory dwelling units.
18.06.020 Accessory building or structure.
18.06.030 Accessory use.
18.06.040 Adjoining.
18.06.050 Repealed.
18.06.060 Agricultural processing.
18.06.065 Agricultural retail.
18.06.067 Agricultural retail plan.
18.06.068 Agricultural-tourism.
18.06.070 Agriculture.
18.06.071 Associated products and/or activity.
18.06.072 Auto repair services.
18.06.075 Base density.
18.06.080 Bed and breakfast.
18.06.090 Best management practices.
18.06.100 Buffer.
18.06.110 Building.
18.06.120 Building area.
18.06.130 Building height.
18.06.140 Building line.
18.06.150 Repealed.
18.06.160 Carport.
18.06.170 Repealed.
18.06.180 Clinic.
18.06.190 Club.
18.06.192 Commercial amusements.
18.06.195 Commercial parking business.
18.06.200 Commercial use.
18.06.205 Commuter-oriented retail.
18.06.210 Comprehensive plan.
18.06.220 Conditional use.
18.06.230 Repealed.
18.06.240 Cultural facility.
18.06.250 Day care facility, child.
18.06.259 Defining ingredient.
18.06.260 Density.
18.06.270 Department.
18.06.275 Development rights.
18.06.280 Director.
18.06.290 Domestic animal.
18.06.300 Drive-through business.
18.06.310 Dwelling.
18.06.320 Dwelling, multifamily.
18.06.330 Dwelling, single-family.
18.06.335 Education institution, private.
18.06.336 Education institution, public.
18.06.338 Entertainment facility.
18.06.340 Factory-built home.
18.06.350 Family.
18.06.360 Repealed.
18.06.365 Food service.
18.06.370 Formula take-out food restaurant.
18.06.380 Flag lot.
18.06.390 Floor area.
18.06.395 Floor area ratio (FAR).
18.06.400 Footprint.
18.06.410 Garage.
18.06.420 Gasoline service station.
18.06.430 Grade.
18.06.440 Group care facility.
18.06.445 Governmental institution.
18.06.450 Hazardous substance.
18.06.460 Hazardous substance handling.
18.06.470 Hazardous waste.
18.06.480 Hazardous waste storage.
18.06.490 Hazardous waste treatment.
18.06.500 Hazardous waste treatment and storage, off-site.
18.06.510 Hazardous waste treatment and storage, on-site.
18.06.520 Health care facility.
18.06.530 Heavy equipment.
18.06.540 Heavy equipment storage area.
18.06.550 Home occupation.
18.06.560 Hotel/motel.
18.06.565 Affordable housing.
18.06.570 Junkyard.
18.06.580 Kennel.
18.06.590 Repealed.
18.06.600 Landscaping.
18.06.610 Livestock.
18.06.620 Lot.
18.06.630 Lot area.
18.06.640 Lot, corner.
18.06.650 Lot coverage.
18.06.660 Lot line, front.
18.06.670 Lot line, rear.
18.06.680 Lot line, side.
18.06.690 Lot, through.
18.06.700 Manufactured home.
18.06.710 Repealed.
18.06.720 Mobile home.
18.06.730 Mobile home park.
18.06.740 Repealed.
18.06.745 Noncommuter ferry parking.
18.06.750 Nonconforming lot.
18.06.760 Nonconforming structure.
18.06.770 Nonconforming use.
18.06.775 Office business.
18.06.780 Open space.
18.06.790 Ordinary high water mark.
18.06.800 Outdoor storage.
18.06.801 Overlay district.
18.06.805 Repealed.
18.06.806(a) Park, active recreation.
18.06.806(b) Park, passive recreation.
18.06.807 Park and ride facility.
18.06.809 Park and ride facility, shared-use.
18.06.810 Parking lot.
18.06.815 Parking space.
18.06.820 Pedestrian orientation.
18.06.825 Permanent foundation.
18.06.830 Personal service.
18.06.835 Planned unit development.
18.06.836 Preferred use.
18.06.837 Primarily Island grown.
18.06.838 Principal building.
18.06.840 Principal building, adjacent.
18.06.845 Principal building, shoreline.
18.06.850 Principal use.
18.06.851 Professional service.
18.06.852 Public benefit, agricultural.
18.06.853 Public safety communications tower.
18.06.854(a) Recreation activities, indoor.
18.06.854(b) Recreation activities, outdoor.
18.06.855 Recreational vehicle.
18.06.860 Recycling center.
18.06.865 Repealed.
18.06.870 Retail sales.
18.06.875 Rezone.
18.06.877 Seasonal agricultural sales.
18.06.878 Self-service storage facility.
18.06.880 Setback.
18.06.881 Setback, front.
18.06.882 Setback, rear.
18.06.883 Setback, side.
18.06.885 Shoreline setback line.
18.06.890 Significant tree.
18.06.895 Repealed.
18.06.897 Special event.
18.06.900 Street.
18.06.905 Structure.
18.06.906 Structure height.
18.06.908 Structured parking.
18.06.909 Subordinate retail activity.
18.06.910 Tavern.
18.06.915 UBC.
18.06.920 Use.
18.06.923 Value added products.
18.06.925 Variance.
18.06.926 Veterinarian clinic.
18.06.928 Vocational school.
18.06.930 Yard.
18.06.935 Year-round agricultural retail sales.
18.06.950 Zone.
18.06.955 Zoning map.
18.06.010 Accessory dwelling units.
“Accessory dwelling unit” means separate living quarters contained within or detached from a single-family dwelling on a single lot, containing 800 square feet of floor area or less, excluding any garage area or accessory buildings and sharing a single driveway with the primary dwelling; provided no recreational vehicle shall be an accessory dwelling unit. (Ord. 95-07 § 1, 1995; Ord. 92-08 § 2, 1992)
18.06.020 Accessory building or structure.
“Accessory building or structure” means a subordinate building or structure that is incidental to the principal structure on the same lot. Accessory dwelling units are not considered accessory buildings or structures. (Ord. 92-08 § 2, 1992)
18.06.030 Accessory use.
“Accessory use” means a use customarily incidental and related to the principal use on the same lot. Accessory dwelling units are not considered accessory uses. (Ord. 92-08 § 2, 1992)
18.06.040 Adjoining.
“Adjoining” means immediately abutting or separated only by a street right-of-way. (Ord. 92-08 § 2, 1992)
18.06.050 Agency.
Repealed by Ord. 2003-44. (Ord. 92-08 § 2, 1992)
18.06.060 Agricultural processing.
“Agricultural processing” means the preparing and manufacturing of commodities primarily from island farms except for small-scale incidental processing such as a cider press. (Ord. 92-08 § 2, 1992)
18.06.065 Agricultural retail.
“Agricultural retail” means the sale of crops grown or livestock raised by a farmer or value added products made from crops grown or livestock raised by the farmer, agricultural-tourism, and incidental associated agricultural products sold on-site where agricultural crops or livestock are grown or raised that is subordinate to the actual agriculture on-site. (Ord. 2004-11 § 2, 2004)
18.06.067 Agricultural retail plan.*
“Agricultural retail plan” means a document, filed with the city, which contains information on agricultural activity occurring at a specific location. Different from, but may be supplemented by, Trust for Working Landscapes or Kitsap County conservation district farm plans. (Ord. 2004-11 § 2, 2004)
*Code reviser’s note: Ordinance 2004-11 adds these provisions as BIMC 18.06.871. The section has been editorially renumbered to preserve alphabetization.
18.06.068 Agricultural-tourism.*
“Agricultural-tourism” means agriculturally related accessory uses that are subordinate to the growing of crops or the raising of livestock, designed to bring the public to the farm on a temporary or continuous basis, such as U-pick farm sales, retail sales of farm products, farm mazes, pumpkin patches, farm animal viewing and petting, wagon rides, farmland and facility tours, horticulture nurseries and associated display gardens, cider pressing, classes or workshops, wine or cheese tasting, etc. (Ord. 2004-11 § 2, 2004)
*Code reviser’s note: Ordinance 2004-11 adds these provisions as BIMC 18.06.072. The section has been editorially renumbered to avoid duplication.
18.06.070 Agriculture.
“Agriculture” means all forms of crop-related activities, such as growing crops and processing island-grown crops as part of a farm, and animal husbandry using best management practices. Incidental vegetable gardening, landscaping and keeping common pets are not defined as agriculture. Agricultural land and agricultural operations shall be as defined in Chapter 16.20 BIMC. (Ord. 92-08 § 2, 1992)
18.06.071 Associated products and/or activity.*
“Associated products and/or activity” means a required agricultural input, product or activity related to the primary crop, product or activity. (Ord. 2004-11 § 2, 2004)
*Code reviser’s note: Ordinance 2004-11 adds these provisions as BIMC 18.06.567. The section has been editorially renumbered to preserve alphabetization.
18.06.072 Auto repair services.
“Auto repair services” means the servicing of automobiles, including mechanical servicing and body work, within a building. Any automobiles remaining on site for more than 72 hours are to be screened according to the outdoor storage development standards. (Ord. 97-01 § 3, 1997)
18.06.075 Base density.
The “base density” of a property means the density designated on the zoning map, exclusive of any density bonuses. (Ord. 96-08 § 1, 1996)
18.06.080 Bed and breakfast.
“Bed and breakfast” means a detached single-family residence that is owner-occupied and in which (1) a guest room or guest rooms are provided within the residence or within accessory buildings, for compensation, as overnight accommodations for transient visitors who remain no longer than two weeks in any one visit, and (2) breakfast is customarily included in the charge for the room. A bed-and-breakfast lodging is not a hotel or motel, home occupation or other use defined or regulated elsewhere in this title, except that bed and breakfast establishments containing one or two sleeping rooms may be considered a minor home occupation as defined and regulated elsewhere in this title. (Ord. 92-08 § 2, 1992)
18.06.090 Best management practices.
“Best management practices” are as defined in Chapter 16.20 BIMC. (Ord. 92-08 § 2, 1992)
18.06.100 Buffer.
“Buffer” means space, either landscaped or existing or natural vegetation, intended to reduce the impact of undesirable sights, sounds, odors; provided, that an area that was logged or clear cut within five years of submittal may not be acceptable as a buffer. Buffers protecting critical areas shall be as defined in Chapter 16.20 BIMC. (Ord. 98-20 § 13, 1998; Ord. 92-08 § 2, 1992)
18.06.110 Building.
“Building” means any structure having a roof, designated for shelter of persons, animals, or property. (Ord. 2004-12 § 4, 2004: Ord. 2001-41 § 10, 2001: Ord. 92-08 § 2, 1992)
18.06.120 Building area.
“Building area” means the ground area encompassed within the walls of a building. (Ord. 92-08 § 2, 1992)
18.06.130 Building height.
“Building height” means the vertical distance above “grade” to the highest point of the coping of a flat roof or to the deck line of a mansard roof or to the average height of the highest gable of a pitched or hipped roof. The height of a stepped or terraced building is the maximum height of any segment of the building. (Ord. 92-08 § 2, 1992)
18.06.140 Building line.
“Building line” means the perimeter of that portion of a building or structure nearest a property line but excluding open steps, terraces, cornices, decks less than 30 inches high,
and other ornamental features projecting from the walls of the building or structure. (Ord. 92-08 § 2, 1992)
18.06.150 Building official.
Repealed by Ord. 2003-44. (Ord. 92-08 § 2, 1992)
18.06.160 Carport.
“Carport” means a covered shelter for one or more vehicles that is open on at least two sides. (Ord. 92-08 § 2, 1992)
18.06.170 City.
Repealed by Ord. 2003-44. (Ord. 92-08 § 2, 1992)
18.06.180 Clinic.
“Clinic” means a building in which health care services are provided for treatment of human or animal out-patients. A veterinary clinic may include the incidental boarding of animals undergoing treatment. (Ord. 92-08 § 2, 1992)
18.06.190 Club.
“Club” means a meeting place for an incorporated or unincorporated association of persons organized for some common purpose, including social, educational, literary, political, or charitable purpose, operated by a private nonprofit or noncommercial organization. (Ord. 2005-29 § 1, 2005: Ord. 92-08 § 2, 1992)
18.06.192 Commercial amusements.
“Commercial amusements” is a commercial use, and means a video arcade, electronic game center, pool hall, dance hall, paintball center, and similar uses. (Ord. 2005-29 § 2, 2005)
18.06.195 Commercial parking business.
“Commercial parking business” means the ownership, lease, operation, or management of a commercial parking lot in which fees are charged. (Ord. 99-17 § 2, 1999)
18.06.200 Commercial use.
“Commercial use” means the providing of goods or services for compensation. (Ord. 92-08 § 2, 1992)
18.06.205 Commuter-oriented retail.
“Commuter-oriented retail” means retail services and certain personal and professional services, offered primarily to ferry commuters, open during peak commute hours, not exceeding 2,000 square feet, and requiring no customer parking, for example, coffee bar, newspaper stand, florist, drop-off dry cleaners, shoe repair, automatic teller machines and other uses that require a short visit. (Ord. 99-64 § 1, 1999)
18.06.210 Comprehensive plan.
“Comprehensive plan” means the policies approved by the city council as a guide to the development of the city. (Ord. 92-08 § 2, 1992)
18.06.220 Conditional use.
“Conditional use” means a use listed among those classified in any given zone but permitted to locate only after review by the city’s hearing examiner and in accordance with standards and criteria set forth in this title. (Ord. 92-08 § 2, 1992)
18.06.230 Council.
Repealed by Ord. 2003-44. (Ord. 92-08 § 2, 1992)
18.06.240 Cultural facility.
“Cultural facility” means a library, museum, art gallery, cultural center, community center, convention center, exhibition hall, or meditation facility. (Ord. 2005-29 § 3, 2005: Ord. 92-08 § 2, 1992)
18.06.250 Day care facility, child.
“Child day care facility” means a building or structure in which an agency, person, or persons regularly provide child care for a group of children for periods of less than 24 hours per day. Child care facilities include family day care homes and child day care centers, as defined below:
A. “Family day care home” means a family abode in which child day care is provided on the premises during part of the 24-hour day to 12 or fewer children, including the provider’s own and foster children under 11 years of age. Education functions that are secondary to the day care operation are allowable for the number of children specified and will not be considered a school.
B. “Child day care centers” means provision for child day care of 13 or more children through the age of 12 in any 24-hour period and could include a public or private school. (Ord. 92-08 § 2, 1992)
18.06.259 Defining ingredient.
“Defining ingredient” means the part or component that describes the distinguishing characteristic of a product. (Ord. 2004-11 § 2, 2004)
18.06.260 Density.
“Density” means the number of dwelling units allowed in the lot area, not including accessory dwelling units. In zones that use floor area ratio (FAR) in place of units per acre, density means the maximum floor area allowed. (Ord. 99-64 § 2, 1999: Ord. 95-07 § 2, 1995; Ord. 92-08 § 2, 1992)
18.06.270 Department.
“Department” means the city’s department of planning and community development. (Ord. 92-08 § 2, 1992)
18.06.275 Development rights.
“Development rights” means the potential for the improvement of real property, measured in dwelling units or units of commercial or industrial space, existing because of the zoning classification of real property. (Ord. 96-07 § 1, 1996)
18.06.280 Director.
“Director” means the director of the planning and community development department or his or her designee. (Ord. 2005-13 § 1, 2005: Ord. 2003-44 § 3, 2004: Ord. 92-08 § 2, 1992)
18.06.290 Domestic animal.
“Domestic animal” means cats, dogs, rabbits and other small animals commonly kept as pets in the city. (Ord. 92-08 § 2, 1992)
18.06.300 Drive-through business.
“Drive-through business” means a business or portion of a business where customers may carry on business while seated in a motor vehicle. This definition shall include but not be limited to gas stations, car washes, and drive-in restaurants or banks. (Ord. 92-08 § 2, 1992)
18.06.310 Dwelling.
“Dwelling or dwelling unit” means a building or portion of a building that provides independent living facilities with provisions for sleeping, eating and sanitation; provided a recreational vehicle or bus is not a dwelling or dwelling unit. (Ord. 92-08 § 2, 1992)
18.06.320 Dwelling, multifamily.
“Multifamily dwelling” means a building or portion of a building containing two or more dwelling units or more than one dwelling unit on one lot, not including accessory dwelling units. (Ord. 95-07 § 3, 1995; Ord. 92-08 § 2, 1992)
18.06.330 Dwelling, single-family.
“Single-family dwelling” means a detached structure containing one dwelling unit and having a permanent foundation. (Ord. 92-08 § 2, 1992)
18.06.335 Education institution, private.
“Private education institution” means a private school or educational or training institution that offers a program of college, professional, environmental, preparatory, high school, middle school, junior high school, elementary, kindergarten instruction, or any combination thereof, or any other program of trade, technical or artistic instruction (excluding single day programs of instruction), together with associated staff housing and/or conference facilities and other typical educational accessory uses. (Ord. 98-35 § 1, 1999)
18.06.336 Education institution, public.
“Public education institution” means a school or educational or training institution which offers a program of college, professional, environmental, preparatory, high school, middle school, junior high school, elementary, or kindergarten instruction or any combination thereof, or any other program of trade, technical or artistic instruction operated by the Bainbridge Island School District or any other public entity (excluding single day programs of instruction), together with associated staff housing and/or conference facilities. (Ord. 98-35 § 2, 1999)
18.06.338 Entertainment facility.
“Entertainment facility” means a performing arts theater or cinema. “Entertainment facility” does not include adult-oriented entertainment businesses. (Ord. 2005-29 § 4, 2005)
18.06.340 Factory-built home.
“Factory-built home” means any building designed to be used as a dwelling, that is constructed primarily in a factory in compliance with the standards of the Uniform Building Code, does not contain a permanent chassis, and is transported to the site for assembly and installation on a permanent foundation. Such dwellings must have the insignia of approval of the Washington State Department of Labor and Industries, in accordance with Chapter 43.22 RCW. (Ord. 95-07 § 4, 1995; Ord. 92-08 § 2, 1992)
18.06.350 Family.
“Family” means one or more persons who live in one dwelling unit and maintain one household. Any number of such persons, related by kinship, constitutes a family. However, not more than five such persons, when not related by kinship, constitutes a family. (Ord. 92-08 § 2, 1992)
18.06.360 Fast food.
Repealed by Ord. 98-03. (Ord. 92-08 § 2, 1992)
18.06.365 Food service.
“Food service” means a restaurant or cafe (excluding formula take-out food restaurant) which sells prepared food or beverages and also offers accommodations for consuming the food or beverage on premises. (Ord. 97-01 § 4, 1997)
18.06.370 Formula take-out food restaurant.
“Formula take-out food restaurant” means a restaurant or establishment that (1) is contractually required to offer standardized menus, ingredients and interior or exterior design; and (2) serves or delivers its food or beverages in disposable containers. (Ord. 98-03 § 4, 1998; Ord. 92-08 § 2, 1992)
18.06.380 Flag lot.
“Flag lot” means a lot of a panhandle configuration where the panhandle connects the main body of the lot to a road or street. (Ord. 92-08 § 2, 1992)
18.06.390 Floor area.
“Floor area” means the total area of all floors within the exterior vertical walls of a building. If any room has a sloping ceiling, no portion of the room measuring less than five vertical feet from the finished floor to the finished ceiling shall be included in the computation of total area. (Ord. 95-07 § 5, 1995; Ord. 92-08 § 2, 1992)
18.06.395 Floor area ratio (FAR).
“Floor area ratio” means a figure which expresses the total floor area as a multiple of the lot area. This figure is determined by dividing the floor area of all buildings on a lot by the lot area. Under-building parking is not included in the calculation of floor area ratio. (Ord. 97-06 § 1, 1997; Ord. 96-08 § 2, 1996)
18.06.400 Footprint.
“Footprint” means the area at the ground plane of a building, structure, or other element, bounded by the outside of the exterior walls and including stairs, porches, decks, upper story overhangs, canopies, and other appurtenances over three feet in height above the grade, except not including roof overhangs. (Ord. 92-08 § 2, 1992)
18.06.410 Garage.
“Garage” means a building or portion of a building designed or used for the shelter of vehicles and enclosed on at least three sides. (Ord. 92-08 § 2, 1992)
18.06.420 Gasoline service station.
“Gasoline service station” means a retail business where gasoline or other automotive fuel is sold. (Ord. 97-01 § 5, 1997; Ord. 92-08 § 2, 1992)
18.06.430 Grade.
“Grade” (adjacent ground elevation) is the computed average of the lowest and the highest points of elevation of the original surface of the ground, or existing paving or sidewalk within the area between the building and the property line, or when the property line is more than five feet from the building, between the building and a line five feet from the building. On waterfront parcels as defined in the shoreline master program, the definition of grade from the shoreline master programs shall be used (WAC 173-14-030(3)). (Ord. 92-08 § 2, 1992)
18.06.440 Group care facility.
“Group care facility” means a facility licensed by the state, that provides training, care, supervision, treatment and/or rehabilitation to the aged, disabled, those convicted of crimes or those suffering from the effects of drugs or alcohol; provided group care facilities shall not include day care centers, family day care homes, foster homes, schools, hospitals, jails or prisons. (Ord. 92-08 § 2, 1992)
18.06.445 Governmental institution.
“Governmental institution” means an institution operated by a federal, state, county, or city government, or special purpose districts. (Ord. 98-35 § 3, 1999)
18.06.450 Hazardous substance.
“Hazardous substance” means any liquid, solid, gas, sludge, including any material, substance, product, commodity, or waste, regardless of quantity, that exhibits any of the characteristics or criteria of hazardous waste specified in RCW 70.105.010. (Ord. 92-08 § 2, 1992)
18.06.460 Hazardous substance handling.
“Hazardous substance handling” means the use, storage, manufacture, production, or other land use activity involving hazardous substances; except for individually packaged household consumer products or quantities of hazardous substances of less than five gallons in volume per container. (Ord. 92-08 § 2, 1992)
18.06.470 Hazardous waste.
“Hazardous waste” means and includes all dangerous and extremely hazardous waste as specified in RCW 70.105.010. (Ord. 92-08 § 2, 1992)
18.06.480 Hazardous waste storage.
“Hazardous waste storage” means the holding of dangerous waste for a temporary period. Accumulation of dangerous waste is not storage as long as the accumulation is in compliance with applicable requirements of WAC 173-303-200 and 173-303-201. (Ord. 92-08 § 2, 1992)
18.06.490 Hazardous waste treatment.
“Hazardous waste treatment” means the physical, chemical, or biological processing of dangerous waste to make such wastes nondangerous or less dangerous, safer for transport, amenable for energy or material resource recovery, amenable for storage or reduced in volume. (Ord. 92-08 § 2, 1992)
18.06.500 Hazardous waste treatment and storage, off-site.
“Off-site hazardous waste treatment and storage” means hazardous waste treatment and storage facilities that treat and store waste generated on properties other than those on which the off-site facilities are located. (Ord. 92-08 § 2, 1992)
18.06.510 Hazardous waste treatment and storage, on-site.
“On-site hazardous waste treatment and storage” means storing or treating hazardous wastes on the lot on which the wastes are generated. (Ord. 92-08 § 2, 1992)
18.06.520 Health care facility.
“Health care facility” means a building or buildings used for human or animal health care. (Ord. 92-08 § 2, 1992)
18.06.530 Heavy equipment.
“Heavy equipment” means self-powered, self-propelled or towed mechanical devices, equipment and vehicles of the nature customarily used for commercial purposes such as tandem axle trucks, graders, backhoes, tractor trailers, cranes and lifts but excluding automobiles, recreational vehicles and boats and their trailers. (Ord. 92-08 § 2, 1992)
18.06.540 Heavy equipment storage area.
“Heavy equipment storage area” means a place where two or more items of heavy equipment are stored. (Ord. 92-08 § 2, 1992)
18.06.550 Home occupation.
“Home occupation” means an accessory use of a dwelling unit for gainful employment involving the manufacture, provision, or sale of goods and/or services.
A. Home Occupation, Minor. “Minor home occupations” are compatible with the neighborhoods in which they are located and cause no impact greater than that generally associated with a single residence. Bed and breakfast establishments that contain no more than two rooms shall be considered a minor home occupation.
B. Home Occupation, Major. “Major home occupations” cause some effect greater than that generally associated with a single residence and require some action or conditions to reduce those effects. (Ord. 92-08 § 2, 1992)
18.06.560 Hotel/motel.
“Hotel/motel” means a building or group of buildings containing guest rooms, where, for compensation, lodging is provided for transient visitors. A hotel or motel may contain one or more restaurants. A hotel or motel is not a bed-and-breakfast lodging as defined and regulated elsewhere in this title. (Ord. 92-08 § 2, 1992)
18.06.565 Affordable housing.
“Affordable housing” or “affordable dwelling unit” (formerly “HUD-defined affordable housing”) means a dwelling unit for use as primary residence by a household in any of the income groups described below, which may be rented or purchased without spending more than 30 percent of monthly household income including utilities other than telephone and cable TV. The department of planning and community development shall calculate and publish annually the maximum purchase prices and maximum rents applicable to each of the following income groups:
Extremely low < 30% of median
income household income
Very low income 31% – 50% of median household income
Low income 51% – 80% of median household income
Moderate income 81% – 95% of median household income
Middle income 96% – 120% of median household income
“Median household income” means the amount calculated and published by the United States Department of Housing and Urban Development (“HUD”) each year for the Seattle Metropolitan Statistical Area (MSA) as the median household or family income, adjusted by HUD for household size. (Ord. 99-14 § 1, 1999: Ord. 97-15 § 1, 1997; Ord. 96-08 § 3, 1996)
18.06.570 Junkyard.
“Junkyard” means a place where odds and ends, waste, or discarded or salvaged materials are bought, sold, exchanged, handled, or stored. The term includes automobile and building wrecking yards. It does not include establishments dealing with used furniture or household fixtures, used cars or machinery in operable condition or recycling centers. (Ord. 92-08 § 2, 1992)
18.06.580 Kennel.
“Kennel” means a place where three or more adult domestic animals are kept commercially. A commercial kennel is considered a professional service under this title and is maintained to board, breed or treat the animals for profit and shall exclude pet shops and agriculture. (Ord. 92-08 § 2, 1992)
18.06.590 Kit home.
Repealed by Ord. 95-07. (Ord. 92-08 § 2, 1992)
18.06.600 Landscaping.
“Landscaping” means the placement, preservation, and the replacement of trees, shrubs, plants and other vegetative materials in accordance with an approved landscaping plan meeting the requirements set forth in Chapter 18.84, open space and planting requirements. (Ord. 92-08 § 2, 1992)
18.06.610 Livestock.
“Livestock” means horses, camelids, bovine animals, sheep, goats, swine, reindeer, donkeys, mules and any hoofed animal. (Ord. 92-08 § 2, 1992)
18.06.620 Lot.
“Lot” means a platted or unplatted parcel or tract of land. (Ord. 92-08 § 2, 1992)
18.06.630 Lot area.
“Lot area” means the total horizontal area within the lot lines, excluding any area seaward of the line of the ordinary high water mark, and excluding private streets and lot area in panhandles or flag lots narrower than 30 feet. (Ord. 92-08 § 2, 1992)
18.06.640 Lot, corner.
“Corner lot” means a lot bounded on adjacent sides by streets. (Ord. 92-08 § 2, 1992)
18.06.650 Lot coverage.
“Lot coverage” means that portion of the total lot area covered by buildings, excluding up to 24 inches of eaves on each side of the building, and other minor building features identified in BIMC 18.78.020.B. (Ord. 2004-12 § 5, 2004: Ord. 92-08 § 2, 1992)
18.06.660 Lot line, front.
“Front lot line” means the lot line separating the lot from any street. (Ord. 92-08 § 2, 1992)
18.06.670 Lot line, rear.
“Rear lot line” means the lot line opposite and most distant from the front lot line; when the lot extends to tidal water, the rear lot line is the ordinary high water mark. (Ord. 92-08 § 2, 1992)
18.06.680 Lot line, side.
“Side lot line” means any lot line that is neither a front or rear lot line. (Ord. 92-08 § 2, 1992)
18.06.690 Lot, through.
“Through lot” means a lot having frontage on two streets that do not intersect at a lot line. (Ord. 92-08 § 2, 1992)
18.06.700 Manufactured home.
“Manufactured home” means any building designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, that is constructed primarily in a factory in compliance with the National Manufactured Home Construction and Safety Standards (adopted June 15, 1976), contains a permanent chassis, and is transported to the site in one or more sections for assembly and installation according to the manufacturer’s specifications. Such dwellings must have the insignia of approval of the U.S. Department of Housing and Urban Development, in accordance with Chapter 43.22 RCW. (Ord. 95-07 § 6, 1995; Ord. 92-08 § 2, 1992)
18.06.710 Manufactured home development.
Repealed by Ord. 95-07. (Ord. 92-08 § 2, 1992)
18.06.720 Mobile home.
See “Manufactured home,” BIMC 18.06.700. (Ord. 92-08 § 2, 1992)
18.06.730 Mobile home park.
See “Manufactured home development,” BIMC 18.06.710. (Ord. 92-08 § 2, 1992)
18.06.740 Modular home.
Repealed by Ord. 95-07. (Ord. 92-08 § 2, 1992)
18.06.745 Noncommuter ferry parking.
“Noncommuter ferry parking” means parking in the ferry terminal overlay district, intended for ferry passengers traveling occasionally for purposes other than commute to employment (for example, traveling after 9:00 a.m. or requiring parking at the ferry terminal for less than eight hours). (Ord. 99-64 § 3, 1999)
18.06.750 Nonconforming lot.
“Nonconforming lot” means a lot that was lawfully created but does not conform to the lot requirements of the zone in which it is located. (Ord. 92-08 § 2, 1992)
18.06.760 Nonconforming structure.
“Nonconforming structure” means a structure that was lawfully constructed prior to adoption of the ordinance codified in this title, or applicable amendments thereto and that does not conform to present regulations of the code. (Ord. 92-08 § 2, 1992)
18.06.770 Nonconforming use.
“Nonconforming use” means a use of land that was lawfully established and has been lawfully continued, but does not conform to the regulations of the zone in which it is located as established by this title or amendments thereto. (Ord. 92-08 § 2, 1992)
18.06.775 Office business.
“Office business” means a business or agency that provides services in an office environment and includes, but is not limited to, health care-related businesses (excluding hospitals, medical centers, and medical offices), science-related professionals, and design and engineering services. (Ord. 2005-01 § 1, 2005)
18.06.780 Open space.
“Open space” means land and/or water area that is predominantly undeveloped, and is set aside to serve the purposes of protecting and conserving critical areas and natural systems and providing park and recreation opportunities. Open space excludes tidelands, shorelands, areas occupied by dwellings, impervious surfaces that are not incidental to open space purposes, such as a parking lot, and areas that were clear cut or extensively logged within five years of submittal. (Ord. 2004-02 § 4, 2004; Ord. 99-30 § 2, 1999: Ord. 98-20 § 13, 1998; Ord. 92-08 § 2, 1992)
18.06.790 Ordinary high water mark.
“Ordinary high water mark” means the mark on all lakes, streams and tidal water that will be found by examining the bed and banks and ascertaining where the presence and action of waters are so common and usual, and so long continued in all ordinary years, as to mark upon the soil a character distinct from that of the abutting upland, in respect to vegetation. If the ordinary high water line cannot be found, the ordinary high water mark adjoining salt water shall be the line of mean higher high tide and the ordinary high water mark adjoining fresh water shall be the line of mean high water. (Ord. 92-08 § 2, 1992)
18.06.800 Outdoor storage.
“Outdoor storage” means the outdoor storage of goods for more than 72 hours. Outdoor storage includes, but is not limited to, sales or storage yards for automobiles, trailers, moving equipment, boats, construction equipment and materials, items used for manufacture, and auto wrecking yards. Temporary outdoor sales displays less than 100 square feet in ground area per business establishment, moorage areas in marinas, parking, and outdoor sales and storage areas of commercial nurseries and lumber yards are not defined as outdoor storage. (Ord. 92-08 § 2, 1992)
18.06.801 Overlay district.
“Overlay district” means a geographic area that constitutes a mapped district superimposed over the underlying zone on the official zoning map. (Ord. 96-08 § 4, 1996)
18.06.805 Panelized home.
Repealed by Ord. 95-07. (Ord. 92-08 § 2, 1992)
18.06.806(a) Park, active recreation.
“Active recreation park” means a park where the primary uses are athletic fields, playgrounds, swimming facilities, sports courts, or other activities that require specialized fields or equipment. (Ord. 2005-29 § 5, 2005)
18.06.806(b) Park, passive recreation.
“Passive recreation park” means a park where the primary uses are hiking, birdwatching, picnicking, and other low impact activities. (Ord. 2005-29 § 6, 2005)
18.06.807 Park and ride facility.
“Park and ride facility” means an area or structure intended to accommodate parked vehicles during normal commuting hours, usually 5:00 a.m. to 8:00 p.m., Monday through Friday, where commuters park their vehicles and continue travel to another destination via public transit, carpool, vanpool, or bicycle. Park and ride facilities shall be developed in accordance with Chapter 18.81 BIMC, Parking and Access Requirements, and Chapter 18.85 BIMC, Landscape Requirements. (Ord. 2005-01 § 2, 2005: Ord. 96-15 § 1, 1996)
18.06.809 Park and ride facility, shared-use.
“Shared-use park and ride facility” means a parking lot or structure that was originally developed for a limited, nonresidential use, such as a church or theater, and serves the same function as a park and ride facility, BIMC 18.06.807, but is restricted for use by commuters Monday through Friday only, usually from 5:00 a.m. to 8:00 p.m. A shared-use park and ride facility requires no expansion of existing parking area or number of stalls or any other development beyond maintenance, signage and striping normally conducted by Kitsap Transit for this purpose. (Ord. 2005-01 § 3, 2005: Ord. 96-15 § 2, 1996)
18.06.810 Parking lot.
“Parking lot” means an area intended to accommodate parked vehicles for a fee or not accessory to single-family residences. (Ord. 92-08 § 2, 1992)
18.06.815 Parking space.
“Parking space” means a space on a lot, exclusive of access drives, used to park a vehicle and having access to a public street. (Ord. 92-08 § 2, 1992)
18.06.820 Pedestrian orientation.
“Pedestrian orientation” means that the location and access to structures, site configuration and elements, types of uses permitted at street level, building front design, and location of signs are based on the needs of persons on foot. (Ord. 92-08 § 2, 1992)
18.06.825 Permanent foundation.
“Permanent foundation” means a foundation constructed in compliance with the standards of the Uniform Building Code, except foundations for manufactured homes shall be in compliance with the printed installation instructions provided by the manufacturer of the manufactured home. (Ord. 92-08 § 2, 1992)
18.06.830 Personal service.
“Personal service” means an establishment that provides service(s) in a non-office environment including, but not limited to, beauty shops, shoe repair, laundry, dry cleaning services and tanning salons. Auto repair and body shops are not included under this definition. (Ord. 2005-01 § 4, 2005: Ord. 96-08 § 5, 1996; Ord. 92-08 § 2, 1992)
18.06.835 Planned unit development.
“Planned unit development” is an overlay zone that encourages development of land as a single unit by providing flexibility in return for preservation of open space, preservation of natural systems, efficiency in use of resources, and minimal impact on community infrastructure and public amenities. (Ord. 92-08 § 2, 1992)
18.06.836 Preferred use.*
“Preferred use” means favored choice, promoted or advanced in some way. An activity identified as a priority among the possible uses. (Ord. 2004-11 § 2, 2004)
*Code reviser’s note: Ordinance 2004-11 adds these provisions as BIMC 18.06.830. The section has been editorially renumbered to avoid duplication.
18.06.837 Primarily Island grown.*
“Primarily Island grown,” for the purposes of on-site, year-round agricultural retail, shall mean that the majority (75 percent, based on the value) of the crops and value added products being sold are grown on the Island. (Ord. 2004-11 § 2, 2004)
*Code reviser’s note: Ordinance 2004-11 adds these provisions as BIMC 18.06.833. The section has been editorially renumbered to preserve alphabetization.
18.06.838 Principal building.
“Principal building” means the building which houses a principal use on a lot, and to which all other buildings on the same lot are accessory. (Ord. 2004-12 § 6, 2004)
18.06.840 Principal building, adjacent.
“Adjacent principal building” means a principal building located on a lot abutting the applicant’s lot. (Ord. 92-08 § 2, 1992)
18.06.845 Principal building, shoreline.
“Shoreline principal building” means that building on a lot closest to the ordinary high water mark excluding accessory structures. (Ord. 92-08 § 2, 1992)
18.06.850 Principal use.
“Principal use” means the primary or predominant use to which the lot or building is or may be devoted and to which all other uses are accessory. (Ord. 92-08 § 2, 1992)
18.06.851 Professional service.
“Professional service” means a business or agency that provides services in an office environment and includes, but is not limited to, legal services, counseling services, real estate offices, financial services, insurance services and government offices. (Ord. 2005-01 § 5, 2005)
18.06.852 Public benefit, agricultural.*
“Public benefit, agricultural” means an economic, social, nutritional, environmental or aesthetic effect gained by individuals and/or the community from the existence of agricultural activity in the community. (Ord. 2004-11 § 2, 2004)
*Code reviser’s note: Ordinance 2004-11 adds these provisions as BIMC 18.06.839. The section has been editorially renumbered to preserve alphabetization.
18.06.853 Public safety communications tower.*
“Public safety communications tower” means a wireless communications support structure owned and operated by a public agency and used exclusively for police, fire, emergency medical services, 9-1-1 or other public emergency communications. (Ord. 2003-11 § 1, 2003)
*Code reviser’s note: Ordinance 2003-11 adds these provisions as BIMC 18.06.858. The section has been editorially renumbered to preserve alphabetization.
18.06.854(a) Recreation activities, indoor.
“Indoor recreation activities” means indoor skating rinks, bowling alleys, gymnasiums not accessory to an education institution, racket clubs, sports arenas, and similar uses. (Ord. 2005-29 § 7, 2005)
18.06.854(b) Recreation activities, outdoor.
“Outdoor recreation activities” means golf courses, marinas, tennis courts, yacht clubs, athletic fields, swimming beaches, outdoor pools, and similar uses. (Ord. 2005-29 § 8, 2005)
18.06.855 Recreational vehicle.
“Recreational vehicle” means a vehicle, such as a motor home, travel trailer, truck/ camper combination or camper trailer, that is designed for human habitation for recreational or emergency purposes and that may be moved on public highways without any special permit for long, wide or heavy loads. (Ord. 92-08 § 2, 1992)
18.06.860 Recycling center.
“Recycling center” means a collection point for small refuse items, such as bottles and newspapers, located either in a container or a small structure. (Ord. 92-08 § 2, 1992)
18.06.865 Restaurant, formula take-out food.
Repealed by Ord. 98-03. (Ord. 92-08 § 2, 1992)
18.06.870 Retail sales.
“Retail sales” means selling goods or commodities to final consumers. Retail sales includes a restaurant other than a “formula take-out food restaurant.” (Ord. 96-08 § 6, 1996; Ord. 92-08 § 2, 1992)
18.06.875 Rezone.
“Rezone” means changing the designated zoning of a particular lot or area. (Ord. 92-08 § 2, 1992)
18.06.877 Seasonal agricultural sales.*
“Seasonal agricultural sales” means agricultural retail sales of farm products occurring during a time in a calendar year when the crop being sold is actually being harvested and lasting 12 weeks or less. (Ord. 2004-11 § 2, 2004)
*Code reviser’s note: Ordinance 2004-11 adds these provisions as BIMC 18.06.850. The section has been editorially renumbered to avoid duplication.
18.06.878 Self-service storage facility.
“Self-service storage facility” means an establishment containing separate storage spaces that are leased or rented as individual units for the storage of household or business goods. The facility may contain manager living quarters and an office. (Ord. 97-01 § 6, 1997)
18.06.880 Setback.
“Setback” means the required distance measured horizontally between every building, structure or use and the lot lines, planned rights-of-way, rights-of-way or access easement of the lot on which the building, structure or use is located. Up to 18 inches of eave may extend into the required setback. (Ord. 2004-02 § 5, 2004: Ord. 92-08 § 2, 1992)
18.06.881 Setback, front.
“Front setback” means a setback extending from a building, structure or use to the front lot line. (Ord. 2004-02 § 7, 2004: Ord. 92-08 § 2, 1992. Formerly 18.06.935)
18.06.882 Setback, rear.
“Rear setback” means a setback extending from a building, structure or use to the rear lot line. (Ord. 2004-02 § 8, 2004: Ord. 92-08 § 2, 1992. Formerly 18.06.940)
18.06.883 Setback, side.
“Side setback” means a setback extending from a building, structure or use to the side lot line. When a parcel has two or more front setbacks, the remaining setbacks are to be considered side setbacks. (Ord. 2004-02 § 9, 2004: Ord. 92-08 § 2, 1992. Formerly 18.06.945)
18.06.885 Shoreline setback line.
“Shoreline setback line” means the shortest distance measured on a horizontal plane between the ordinary high water mark and the building line. (Ord. 2004-12 § 7, 2004: Ord. 92-08 § 2, 1992)
18.06.890 Significant tree.
“Significant tree” means any living woody perennial plant characterized by a main stem or trunk having many branches and having a diameter of 12 inches or more measured at breast height. (Ord. 92-08 § 2, 1992)
18.06.895 Site-built home.
Repealed by Ord. 95-07. (Ord. 92-08 § 2, 1992)
18.06.897 Special event.*
“Special event” means activities that are desirable but unrelated to agriculture, such as weddings, that are held on farmland. (Ord. 2004-11 § 2, 2004)
*Code reviser’s note: Ordinance 2004-11 adds these provisions as BIMC 18.06.853. The section has been editorially renumbered to avoid duplication.
18.06.900 Street.
“Street” means a public way of travel which affords the principal means of access to abutting properties or a private way of travel which affords the principal means of access to four or more lots or to property which is, under existing laws, capable of division into four or more lots. (Ord. 92-08 § 2, 1992)
18.06.905 Structure.
“Structure” means any man-made assemblage of materials extending above or below the surface of the earth and affixed or attached thereto. “Structure” for the purposes of this title, except for Chapter 18.88 BIMC, does not include wireless communications facilities as defined in Chapter 18.88 BIMC. (Ord. 97-14 § 2, 1997; Ord. 92-08 § 2, 1992)
18.06.906 Structure height.
“Structure height” means the highest point above grade of a structure other than a building, except as otherwise provided by this code. (Ord. 95-13 § 1, 1995)
18.06.908 Structured parking.
“Structured parking” means a covered structure or portion of a covered structure that provides parking area for motor vehicles. Structured parking may be below grade. (Ord. 99-17 § 3, 1999)
18.06.909 Subordinate retail activity.*
“Subordinate retail activity” means secondary, to be less than, to utilize a smaller portion of land and/or less time than is devoted to the agricultural activity on-site. (Ord. 2004-11 § 2, 2004)
*Code reviser’s note: Ordinance 2004-11 adds these provisions as BIMC 18.06.855. The section has been editorially renumbered to avoid duplication.
18.06.910 Tavern.
“Tavern” means an establishment that sells beer or wine for on-premises consumption under a B class license as defined by the Washington State Liquor Control Board. (Ord. 92-08 § 2, 1992)
18.06.915 UBC.
“UBC” means the Uniform Building Code, which is adopted by reference in Chapter 15.04 BIMC. (Ord. 92-08 § 2, 1992)
18.06.920 Use.
“Use” means the purpose land, buildings, or structures now serve or for which such is occupied, arranged, designed, or intended. (Ord. 92-08 § 2, 1992)
18.06.923 Value added products.*
“Valued added products” means goods produced from harvested crops with the defining or distinguishing ingredient being grown by the producer. (Ord. 2004-11 § 2, 2004)
*Code reviser’s note: Ordinance 2004-11 adds these provisions as BIMC 18.06.660. The section has been editorially renumbered to avoid duplication.
18.06.925 Variance.
“Variance” means a relaxation of the terms of the zoning ordinance where such variance will not be contrary to the public interest and where, owing to conditions peculiar to the property that are not the result of the actions of the applicant, a literal enforcement of the ordinance would result in unnecessary and undue hardship. (Ord. 92-08 § 2, 1992)
18.06.926 Veterinarian clinic.
“Veterinarian clinic” means a building or buildings used for animal health care, including animal boarding as part of that animal health care. (Ord. 97-01 § 7, 1997)
18.06.928 Vocational school.
“Vocational school” means an establishment offering training in a skill or trade. (Ord. 97-01 § 8, 1997)
18.06.930 Yard.
“Yard” means the same as “setback” unless from the context a different meaning is intended. (Ord. 2004-02 § 6, 2004: Ord. 92-08 § 2, 1992)
18.06.935 Year-round agricultural retail sales.*
“Year-round agricultural retail sales” means any agricultural retail sales extending beyond seasonal agricultural sales. (Ord. 2004-11 § 2, 2004)
*Code reviser’s note: Ordinance 2004-11 adds these provisions as BIMC 18.06.630. The section has been editorially renumbered to avoid duplication.
18.06.950 Zone.
“Zone” means one of the classifications of permitted uses into which the land area of the city is divided. (Ord. 92-08 § 2, 1992)
18.06.955 Zoning map.
“Zoning map” means the official map that identifies and delineates boundaries of the city’s zoning classifications. (Ord. 92-08 § 2, 1992)
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