POMC 20.12 – DefinitionsChapter 20.12
DEFINITIONS
Sections:
20.12.010 Definitions.
20.12.010 Definitions.
The definitions in this chapter shall apply to this title unless a specific definition is set forth
in a subsequent section, chapter, or subtitle in which case that definition shall apply but be
Limited to that section, chapter, or subtitle as specified therein.
"Accessible electric vehicle charging station" means an electric vehicle charging station
where the battery charging station equipment is located within accessible reach of a
barrier -free access aisle (minimum 44-inch width) and the electric vehicle.
"Accessory building" means any building of which the form and use are subordinate in both
purpose and size, incidental to and customarily associated with a principal permitted
building and use located on the same lot. Also see POMC 20.39.010 and Article VII,
Accessory Uses, of Chapter 20.39 POMC.
"Accessory dwelling unit" means a separate, complete dwelling unit attached to or
contained within the structure of the primary use or a detached single-family residential
dwelling unit (accessory apartment), or contained within a separate structure that is
accessory to the primary use or detached single-family dwelling unit (backyard cottage) on
the premises. Also see POMC 20.39.600.
"Adequate public facilities" means facilities which have the capacity to serve development
without decreasing levels of service below locally established minimums. (WAC 365-196-
210(3).)
"Administrative design review" means a development permit process whereby an
application is reviewed, approved, or denied by the planning director or the planning
director's designee based sole -Lyon obiective design and development standards without a
public predecision hearing, unless such review is otherwise required by state or federal
law, or the structure is a designated landmark or historic district established under a local
preservation ordinance. The city may utilize public meetings, hearings, orvo-untary review
boards to consider. recommend, or approve requests for variances from locally
established design review standards.
"Aggrieved person" means:
(1) The applicant and the owner of property to which the land use decision is directed; or
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(2) Another person aggrieved or adversely affected by the land use decision, or who would
be aggrieved or adversely affected by a reversal or modification of the land use decision. A
person is aggrieved or adversely affected within the meaning of this section only when all of
the following conditions are present:
(a) The land use decision has prejudiced or is likely to prejudice that person;
(b) That person's asserted interests are among those that the local jurisdiction was
required to consider when it made the land use decision;
(c) A judgment in favor of that person would substantially eliminate or redress the prejudice
to that person caused or likely to be caused by the land use decision; and
(d) The petitioner has exhausted their administrative remedies to the extent required by
Law.
"Agricultural processing" means preparing harvested crops or products of animal or
poultry husbandry for marketing, transportation or further processing. Also see POMC
20.39.500.
"Agricultural products" means items resulting from the practice of agriculture, including
crops such as flowers, fruits, vegetables, grains, seed, feed, and plants, or animal products
such as eggs, milk, and meat, or animal byproducts such as fertilizer. Also see POMC
20.39.500.
"Alley" means a public or private access way, either unimproved or improved, which
provides a secondary means of vehicular access to abutting property. Alley width shall be
considered the distance between the alley right-of-way lines.
"Alteration" means a change or rearrangement of the structural parts or exit facilities, or an
enlargement by extending the sides or increasing the height or depth, or the moving from
one location to another.
"Animal— Small" means animals, other than livestock or animals considered predatory or
wild, which are kept outside a dwelling unit all or part of the time. Animals considered
predatory or wild shall be considered small animals when they are taken into captivity for
the purposes of breeding, domestication, training, hunting or exhibition.
"Appeal" means to seek review of a decision or determination from a higher authority. An
appeal may be from a staff decision or determination to the examiner; or from an examiner
decision to the city council; or from a city council decision to the superior court or other
court of competent jurisdiction; however, some permit processes follow different appeal
procedures, which procedures are set forth in the corresponding chapter.
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"Applicant" means the owner of land proposed for land development or use or its
representative who shall have express written authority to act on behalf of the owner.
Written consent shall be required from the legal owner of the property.
"Arborist" means an individual trained in the art and science of planting, caring for, and
maintaining individual trees, and who is currently certified by the International Society of
Arboriculture.
"Available public facilities" means that public facilities are in place, or a financial
commitment has been made to provide the facilities concurrent with development. For the
purposes of transportation facilities, "concurrent with development" means that the
improvements or strategies are in place at the time of development or that a financial
commitment is in place to complete the improvements or strategies within six years. (RCW
36.70A.070(6)(b).)
"Awning" means an architectural projection for a building that is wholly supported by the
building to which it is attached and comprised of a lightweight rigid skeleton structure over
which a covering is attached.
"Battery charging station" means an electrical component assembly or cluster of
component assemblies designed specifically to charge batteries within electric vehicles,
which meet or exceed any standards, codes, and regulations set forth by Chapter 19.28
RCW and consistent with rules adopted under RCW 19.27.540.
"Battery electric vehicle (BEV)" means any vehicle that operates exclusively on electrical
energy from an off -board source that is stored in the vehicle's batteries, and produces zero
tailpipe emissions or pollution when stationary or operating.
"Binding site plan" means a drawing to scale which: (1) identifies and shows the areas and
Locations of all streets, roads, improvements, utilities, open spaces, and any other matters
identified in Chapter 20.94 POMC; (2) contains inscriptions or attachments setting forth
such appropriate limitations and conditions for the use of the land as are established by
the decision -maker with authority to approve the site plan; and (3) contains provisions
making any development be in conformity with the site plan.
"Biologist" means a person who has a minimum of a bachelor of science degree in
biological sciences or a related field from an accredited college or university and two or
more years of experience; or a person who has five or more years of experience as a
practicing biologist.
"Block" is a group of lots, tracts or parcels within well-defined and fixed boundaries.
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"Board" means the design review board (DRB), which makes recommendations to the
development director or designee. Also see Chapter 2.78 POMC.
"Bond" means a form of security provided by a bonding company in an amount and form
satisfactory to the city attorney, intended to ensure that required improvements are
installed and/or maintained, and/or to otherwise guarantee compliance with applicable
provisions of this title.
"Boundary line adjustment" means a division made for the purpose of alteration by
adjusting boundary lines, between platted or unplatted lots or both, which does not create
any additional lot, tract, parcel, site or division nor create any lot, tract, parcel, site or
division which contains insufficient area and dimensions to meet minimum requirements
for width and area for a buildable lot pursuant to this title.
"Brushing" means an allowed practice of removing ground cover, shrubs and vegetation
not defined as a tree to create better visibility on a site for purposes of public safety,
surveying or marketing.
"Buffer" means a nonclearing native vegetation area which is intended to protect the
functions and values of critical areas.
"Building" means any structure used or intended for supporting or sheltering any use or
occupancy.
"Building area" means the area included within the surrounding interior walls of a building
or portion thereof, exclusive of courts.
"Building envelope" means the area of a lot that delineates the limits of where a building
may be placed on the lot.
"Building facade" means that portion of any exterior elevation of a building extending from
the grade of the building to the top of the parapet wall or eaves for the entire width of the
building elevation.
"Building height" means, except when otherwise specified in this code, the vertical
distance from grade plane to the average height of the highest roof surface.
"Building official" means the city employee designated as the building official, or the
consultant to the city who has been designated by contract as the building official.
"Building permit" means the permit required for new construction and additions pursuant
to the city's adopted building code. The term "building permit," as used herein, shall not be
deemed to include: permits required for temporary dwellings; or permits required for
remodeling, rehabilitation, or other improvements to an existing structure or rebuilding a
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damaged or destroyed structure, provided there is no increase in the applicable unit of
measure (for nonresidential construction) or number of dwelling units (for residential
construction) resulting therefrom.
"Building site" means the physical portion of the real property upon which the structures
are situated within one lot, and which portion of the lot satisfies the applicable zoning code
standards for physical placement, lot coverage, construction of structures, critical areas
buffers and setbacks, and all other location and dimensional requirements for the
structures.
"Business or occupation of outdoor advertising" shall mean the business of renting or
selling space by the owner of any billboard or outdoor advertising structure to any other
party for valuable consideration.
"Caliper" means the diameter of a tree trunk, applied only to new or replacement nursery -
grown trees, measured six inches above the ground for up to and including four -inch caliper
size trees and 12 inches above the ground for larger size trees.
"Campground" means an area of land on which accommodations for temporary
occupancy, such as tents or recreational vehicles without hook-up facilities, are permitted
and which is used primarily for recreational purposes on an extended basis over a season
or year-round and/or as a commercial activity. Also see POMC 20.39.340.
"Capital facilities" means the facilities or improvements included in a capital facilities
plan.
"Capital facilities plan" means the capital facilities plan element of the city's
comprehensive plan adopted pursuant to Chapter 36.70A RCW, and any amendments to
the plan, which may include by reference a capital facilities plan of the school district
within the city.
"Charging level" means the standardized indicators of electrical force, or voltage, at which
an electric vehicle's battery is recharged. Levels 1, 2, and 3 are defined by the electrical
output, per the following specifications:
(1) Level 1. Voltage including the range from zero through 120.
(2) Level 2. Voltage is greater than 120 and includes 240.
(3) Level 3. Voltage is greater than 240 and is considered fast or rapid charging.
"City" means the city of Port Orchard, Washington.
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"City clerk" means the city employee appointed to that position in accordance with the
provisions of POMC Title 2.
"City council" means the city council of the city of Port Orchard, Washington.
"City engineer" means the city employee appointed to that position in accordance with the
provisions of POMC Title 2.
"Clearing" or "land clearing," for purposes of this chapter, means the direct and indirect
removal of trees, including topping and limbing, and the destruction, disturbance or
removal of other vegetation from any public or private undeveloped, partially developed, or
developed lot, public lands, public right-of-way, or utility easement by physical, chemical,
or other means. This shall also include any destructive or inappropriate activity applied to a
tree or other vegetation that will result in its death or effectively destroy the functionality.
"Clearing" shall not include landscape maintenance, brushing, or pruning consistent with
accepted horticultural practices which does not impair the health, survival or function of
trees or other vegetation. Any proposed activities within a critical area or buffer requires
compliance with Chapter 20.162 POMC.
"Closed record appeal" means an administrative appeal that is heard by the hearing
examiner. See POMC 2.76.150.
"Closed record appeal hearing" means a hearing held pursuant to POMC 2.76.150.
"Closed record public hearing" means a public hearing before the city council following an
open record hearing, in which no new evidence is considered or allowed. Oral argument
shall be permitted in favor or against the recommendation of the hearing examiner;
however, such oral arguments shall be strictly limited in accordance with this provision.
"Commission" means the planning commission of the city of Port Orchard, Washington.
"Common ownership" means ownership by the same person, corporation, firm, entity,
partnership or unincorporated association, or ownership by different corporations, firms,
partnerships, entities or unincorporated associations, in which a stockbroker, partner or
associate, or a member of their family owns an interest in each corporation, firm,
partnership, entity or unincorporated association.
"Community residential facility (CRF)" means living quarters meeting applicable federal
and state standards that function as a single housekeeping unit and provide supportive
services for a group of individuals comprising more than a family (eight or more individuals
excluding staff), including but not limited to counseling, rehabilitation, and medical
supervision, including drug and alcohol detoxification but excluding prisoner release
participants.
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"Community residential facility (CRF) —Prisoner release" means living quarters meeting
applicable federal and state standards that function as a single housekeeping unit and
provide supportive services for a group of individuals comprising more than a family (eight
or more individuals excluding staff), including but not limited to counseling, rehabilitation,
and medical supervision, excluding drug and alcohol detoxification, specifically for
prisoner release participants and programs such as halfway houses.
"Comprehensive plan" or "comprehensive land use plan" means the plan adopted in
Chapter 20.03 POMC, pursuant to Chapter 36.70A RCW.
"Concurrency" or "concurrent with development" means that adequate public facilities are
available when the impacts of development occur, or within a specified time thereafter.
This definition includes the concept of "adequate public facilities" as defined above. For
the purposes of transportation facilities, concurrent with development means that
strategies or improvements are in place at the time of development or that a financial
commitment is in place to complete the improvements or strategies within six years. (RCW
36.70A.070(6)(b).)
"Congregate living facilities" means a building or part thereof that contains sleeping units
where nontransient residents share bathroom or kitchen facilities, or both. "Nontransient"
with respect to congregate living facility use means occupancy of a sleeping unit for not
Less than 30 days at a time. Congregate living facilities shall be located in a countywide
center as designated in the city's comprehensive plan, shall be in a location that is within a
one -quarter -mile radius of a transit route or that is served by demand -responsive transit
service, shall have 24-hour resident management with responsibility for the operations and
maintenance of the facility, and shall not provide medical care or social welfare services on
site.
"Consistency" means that no feature of a plan or regulation is incompatible with any other
feature of a plan or regulation. Consistency is indicative of a capacity for orderly integration
or operation with other elements in a system.
"Construction — New" means structures for which the start of construction commenced on
or after the effective date of the ordinance codified in this title and preceding ordinances.
"Cottage housing" means residential units on a lot with a common open space that either:
(a) Is owned in common: or M has units owned as condominium units with property owned
in common and a minimum of 20 percent of the lot size as open space.
Council. See "City council."
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"Courtyard" or "court" means a space, open and unobstructed to the sky, located at or
about grade level on a lot and bounded on three or more sides by the walls of a building.
"Courtyard apartments" means up to four attached dwelling units arranged on two or three
sides of a yard or court:'
"Coverage —Site—Lot" means the percentage of the area of a lot or parent lot Or site that is
built upon or covered over with impervious materials.
"Critical areas" means any of those areas in the city which are subject to natural hazards or
those lands with features which support unique, fragile, or valuable natural resources,
including fish, wildlife, and other organisms and their habitat and such resources which in
their natural state carry, hold or purify water.
"Critical areas" means those areas identified as:
(1) Wetlands;
(2) Areas with a critical recharging effect on aquifers used for potable water;
(3) Fish and wildlife habitat conservation areas;
(4) Geologically hazardous areas; and
(5) Frequently flooded areas.
"Critical facilities" means those facilities necessary to protect the public health, safety and
welfare. These facilities include but are not limited to schools, hospitals, police stations,
fire departments and other emergency response facilities, and nursing homes. Critical
facilities also include sites of hazardous material storage or production.
"Critical root zone" means the area where the tree's roots are located and is the area
surrounding a tree measured at a radial distance from the trunk equal to one foot for every
one -inch diameter of tree.
"Cul-de-sac" means a road closed at one end by a circular area of sufficient size for turning
Large emergency response vehicles.
"DBH" means diameter at breast height. DBH is a tree's diameter in inches at four and one-
half feet above the ground at the lowest point surrounding the trunk, and is used to
measure existing trees on a site. On multi -stemmed or multi-trunked trees, the diameter
shall be the diameter equivalent to the sum of trunk areas measured at DBH.
"Dedication" means the deliberate appropriation of land or rights in land by its owner for
any general and public use, reserving to themself no other rights than such as are
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compatible with the full exercise and enjoyment of the public use to which the property has
been devoted. The intention to dedicate shall be evidenced by deed, or other instrument of
conveyance, or by dedication on a duly filed and recorded plat (or short plat). Dedications
by short plat may require city council acceptance.
"Department" means the city of Port Orchard, Washington, department of community
development or its successor agency, unless otherwise specified.
Design Review Board. See "Board."
"Designated accessible space" means an accessible parking space required by WAC 51-
50-005 and designated for the exclusive use of parking vehicles with a state disabled
parking permit.
"Detention facilities" means stormwater facilities designed to store runoff while gradually
releasing it at a predetermined controlled rate. "Detention facilities" shall include all
appurtenances associated with their designed functions, maintenance and security.
"Developer" means the person or entity that owns or has development control over
property for which development activity is proposed.
"Development activity" or "development" means any construction or expansion of a
building, structure, or use; any change in the use of a building or structure; or any changes
in the use of the land that creates additional demand for public facilities (such as a change
which results in an increase in the number of vehicle trips to and from the property,
building or structure) and requires a development permit from the city. (RCW 82.02.090(1).)
"Development agreement" means the agreements authorized in RCW 36.70B.170.
"Development approval" means any written authorization from the city that authorizes the
commencement of a development activity.
"Development approval authority" means the city official or tribunal having code authority
to approve a development.
"Development site" means the legal boundaries of the parcel or parcels of land for which
an applicant has or should have applied for authority from the city to carry out a
development activity.
"Director" or "development director" means the community development director of the
city of Port Orchard or their duly authorized designee, or as otherwise indicated in this title.
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"Dock" means a floating or fixed platform used as a landing place for marine transport or
for recreational purposes and attached to the shore or a fixed pier by a loosely coupled
ramp.
"Domestic water system" means any system providing a supply of potable water which is
deemed adequate pursuant to RCW 19.27.097 for the intended use of the development.
"Downtown marquee" means the marquee located at the 700 and 800 blocks of Bay Street
and adjacent streets and which was constructed with funds from LID No. 65.
"Drip line" of a tree means an imaginary line on the ground created by the horizontal
projection of the foliage at its greatest circumference.
"Duplex" means a residential building with two attached dwelling units.
"Dwelling unit" means one or more rooms designed for occupancy by a person or family for
Living and sleeping purposes, containing kitchen facilities, lavatory, and closet, and rooms
with internal accessibility, for use solely by the dwelling's occupant, including but not
Limited to bachelor, efficiency, and studio apartments, and modular and manufactured
homes.
"Easement" means a right granted by the owner of land to another party for specific limited
use of that land.
"Electric scooters and motorcycles" means any two -wheel vehicle that operates
exclusively on electrical energy from an off -board source that is stored in the vehicle's
batteries and produces zero emissions or pollution when stationary or operating.
"Electric vehicle" means any vehicle that operates, either partially or exclusively, on
electrical energy from the grid, or an off -board source, that is stored on -board for motive
purpose. "Electric vehicle" includes: (1) a battery electric vehicle; (2) a plug-in hybrid
electric vehicle; (3) a neighborhood electric vehicle; and (4) a medium -speed electric
vehicle.
"Electric vehicle charging station" means a public or private parking space that is served by
battery charging station equipment and that has as its primary purpose the transfer of
electric energy (by conductive or inductive means) to a battery or other energy storage
device in an electric vehicle. An electric vehicle charging station equipped with Level 1 or
Level 2 charging equipment is permitted outright as an accessory use to any principal use.
"Electric vehicle charging station — Public" means an electric vehicle charging station that
is: (1) publicly owned and publicly available (e.g., park and ride parking, public library
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parking lot, on -street parking); or (2) privately owned and publicly available (e.g., shopping
center parking, nonreserved parking in multifamily parking lots).
"Electric vehicle charging station — Restricted" means an electric vehicle charging station
that is: (1) privately owned and restricted access (e.g., single-family home, executive
parking, designated employee parking); or (2) publicly owned and restricted (e.g., fleet
parking with no access to the general public).
"Electric vehicle infrastructure" means structures, machinery, and equipment necessary
and integral to support an electric vehicle, including battery charging stations, rapid
charging stations, and battery exchange stations.
"Electric vehicle parking space" means any marked parking space that identifies the use to
be exclusively for the parking of an electric vehicle due to the presence of electric vehicle
charging equipment.
"Enhancement" means an action or actions performed to improve the condition of an
existing degraded critical area (e.g., wetlands or streams) such that the functions or values
are of a higher quality; provided, that this activity does not significantly degrade another
existing function or value.
"Equipment — Heavy" means high -capacity mechanical devices for moving earth or other
materials, and mobile power units including, but not limited to:
(1) Carryalls;
(2) Graders;
(3) Loading and unloading devices;
(4) Cranes;
(5) Drag lines;
(6) Trench diggers;
(7) Tractors;
(8) Augers;
(9) Bulldozers;
(10) Concrete mixers and conveyers;
(11) Harvesters;
(12) Combines; or
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(13) Other major agricultural equipment and similar devices operated by
mechanical power as distinguished from manpower.
"Equipment — Light" means such construction machinery as chainsaws, wheelbarrows,
posthole diggers and all handheld tools.
"Erosion" means the process whereby the land surface is worn away by the action of water,
wind, ice or other geologic agents, by processes such as gravitational creep or events such
as landslides caused by natural or manmade impacts.
"Escrow" means a deposit of cash with the city or escrow agent, pursuant to a written
agreement, in order to secure the promise to perform some act.
"Evergreen" means a plant species with foliage that persists and remains green year-round.
Examiner. See "Hearing examiner."
"External buffer" means a naturally vegetated area or vegetated area along the exterior
boundaries of an entire development processed in accordance with a subdivision
application, which is landscaped and maintained as open space in order to eliminate or
minimize conflicts between such development and adjacent land uses.
"Facade" means the entire building front or street wall face, including grade, to the top of
the parapet or eaves and the entire width of the building elevation.
"Family" means any number of persons related by blood, marriage or legal adoption and
including foster children and exchange students living together as a single housekeeping
unit. "Family" also means the following when living together as a single, not -for -profit
housekeeping unit:
(1) A group of not more than four related and unrelated adults and their related
minor children, but not to exceed a total of eight related and unrelated persons; or
(2) Not more than eight disabled persons, whether adults or minors, living together
in a consensual residential living arrangement, but not to exceed a total of eight persons; or
(3) State licensed adult family homes as defined by RCW 70.128.010; or
(4) State licensed foster family homes and group care facilities as defined in RCW
74.15.020.
For the purposes of this definition, an adult is a person 18 years of age or older, and a minor
child is a person under the age of 18 years.
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"Fee" or "filing fee" means the fee for filing an application, as said fee is established
annually by resolution of the city council. Unless otherwise indicated, all fees must be paid
at the time the application is submitted to the city.
"Fence" means a barrier for the purpose of enclosing space or separating lots, composed
of: wood, metal or concrete posts connected by boards, rails, panels, wire, mesh, masonry,
or concrete, excluding retaining walls.
"Fiveplex" means a residential buildingwith five attached dwelling units.
Final Plat. See "Plat- Final plat."
"Financial commitment" means those sources of public or private funds or combinations
thereof that have been identified as sufficient to finance public facilities necessary to
support development and that there is reasonable assurance that such funds will be timely
put to that end.
"Floor - Ground" means the ground floor of a building defined as the three-dimensional
interior building space which sits immediately above the basement, crawl space, or floor
slab and below the ceiling orjoists supporting a roof or second floor and which is nearest in
floor elevation to the lowest street elevation located adjacent to the parcel on which the
building is located. This includes any loft space.
"Floor- Lowest" means the lowest floor of the lowest enclosed area (including basement).
An unfinished or flood -resistant enclosure, usable solely for parking of vehicles, building
access or storage, in an area other than basement area, is not considered a building's
Lowest floor; provided, that such enclosure is not built so as to render the structure in
violation of the applicable nonelevation design requirements of this code.
"Floor- Second" means the second floor defined as the three-dimensional interior building
space which sits above the ground floor and which is not a loft.
"Forest land" means land devoted primarily to growing and harvesting forest and timber
products and designated as a forest production district.
"Forest practice" means any activity conducted on or directly pertaining to forest land and
relating to growing, harvesting, or processing timber, or removing forest biomass, including
but not limited to:
(1) Activities in and over typed water;
(2) Road and trail construction;
(3) Harvesting, final and intermediate;
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(4) Precommercial thinning;
(5) Reforestation;
(6) Fertilization;
(7) Prevention and suppression of diseases and insects;
(8) Salvage of trees; and
(9) Brush control.
"Forest practice" does not include: forest species seed orchard operations and intensive
forest nursery operations; or preparatory work such as tree marking, surveying and road
flagging; or removal or harvest of incidental vegetation from forest lands such as berries,
ferns, greenery, mistletoe, herbs, mushrooms, and other products which cannot normally
be expected to result in damage to forest soils, timber or public resources.
"Fourplex" means a residential building with four attached dwelling units.
"Geologist" means a person who has a bachelor of science degree in geologic sciences
from an accredited college or university and has a minimum of four years' experience in soil
or slope evaluation under the direct supervision of a practicing geologist or licensed
geotechnical engineer.
"Geotechnical engineer" means a practicing geotechnical/civil engineer licensed as a
professional civil engineer with the state of Washington, with professional training and
experience in geotechnical engineering, including at least four years' professional
experience in evaluating geologically hazardous areas.
"Golf facility" means a recreational facility, under public or private ownership, designed
and developed for uses including, but not limited to:
(1) Golf course;
(2) Driving range;
(3) Pro shops;
(4) Caddyshack buildings;
(5) Restaurants;
(6) Office and meeting rooms; and
(7) Related storage facilities.
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"Grade plane" means a reference plane representing the average of the finished ground
Level adjoining the building at its exterior walls. Under conditions where the finished ground
level slopes significantly away from the exterior walls, that reference plane is established
by the lowest points of elevation of the finished surface of the ground within an area
between the building and lot line, or where the lot line is more than six feet (1,829 mm) from
the building, between the building and a line six feet (1,829 mm) from the building.
"Grading" means any excavating, filling, grubbing, recontouring or removal of earth
materials on the surface layer, or any combination thereof.
"Grazing area" means any open land area used to pasture livestock in which forage is
maintained at an average height of three inches over 80 percent of the area.
"Gross floor area" (GFA) means the sum of the gross horizontal areas of all floors of a
building measured from the exterior faces of the exterior wallofrom the centerline of
walls separating two (2) buildings. The gross floor area of a building shall include basement
floor area when one-half (1/2) or more of the basement height is above natural grade for
more than fifty (50) percent of the total perimeter. The gross floor area shall also include
elevator shafts and stairwells to each floor, penthouses, attic space having headroom
clearances that meet building code minimum ceiling heights. interior balconies and
mezzanines, enclosed porches, floor area devoted to accessory uses, and floor space used
for mechanical equipment, except equipment located on the roof, unless otherwise
specified in this chapter. In determining the gross floor area of an individual use within a
multiple tenant building the gross floor area is the sum of the gross horizontal areas
measured from the interior faces of the interior walls of the space occupied by the use.
"Ground cover" means any living plant material normally terrestrial, growing low to the
ground, or other small trees less than four inches at DBH and not defined as a tree, all of
which are intended to stabilize soils and protect against erosion.
"Growth Management Act - GMA" means the Washington State Growth Management Act
(GMA), Chapter 17, Law of 1990, First Extended Session, Chapter 36.70A RCW et seq., and
Chapter 32 Laws of 1991, First Special Session, RCW 82.02.050 et seq., as now in
existence or hereafter amended.
"Grubbing" means the removal of vegetative matter from underground, such as sod,
stumps, roots, buried logs, or other debris, and shall include the incidental removal of
topsoil to a depth not exceeding 12 inches.
"Hard surface" means an impervious surface, a permeable pavement, or a vegetated roof.
11015314.1 - 366922 - 0021
"Healthy soil" means soil that is of good quality, with the capacity to sustain plant, animal,
and human life by providing nutrients, air and water space to infiltrate, pollutant absorption
and filtering, and habitat.
"Hearing examiner" means a person appointed to hear or review certain land use decisions
pursuant to Article XI, Section 11 of the Washington State Constitution, Chapters 35.63 and
58.17 RCW, and Chapter 2.76 POMC.
"High intensity nonresidential use" means manufacturing/industrial (Chapter 20.36 POMC)
Land uses and any commercial or mixed use (Chapter 20.35 POMC), civic or institutional
(POMC 20.37.010), or public facilities (POMC 20.37.030) land use with over 120,000 square
feet gross floor area. Also see POMC 20.39.400 and 20.39.410.
"Hospital" means an establishment primarily engaged in providing diagnostic services,
extensive medical treatment including surgical services, and other hospital services, as
well as continuous nursing services. A hospital has an organized medical staff, inpatient
beds, and equipment and facilities to provide complete health care. "Hospital" does not
include convalescent homes. Also see POMC 20.39.325.
"Impact" means any additional demand and need for public facilities or services that is
reasonably related to the proposed development.
"Impact fee" means the amount of money determined necessary by the city or the school
district and imposed upon new development activity as a condition of development
approval or permitting to pay for public facilities needed to serve new growth and
development, and that is reasonably related to the new development that creates the
additional demand and need for public facilities, that is a proportionate share of the cost of
the public facilities and that is used for facilities that reasonably benefit the new
development. "Impact fee" does not include a reasonable permit or application fee. (RCW
82.02.090(3).)
"Impervious surface" means a nonvegetated or compacted surface area that either
prevents or retards the entry of water into the soil mantle as it entered under natural
conditions preexistent to development, or a nonvegetated or compacted surface area
which causes water to run off the surface in greater quantities or at an increased rate of
flow from that present under natural conditions preexistent to development. Common
impervious surfaces include, but are not limited to, roof tops, concrete or asphalt paving,
paved walkways, patios, compacted gravel, driveways, parking lots and storage areas,
packed earthen materials, and oiled, macadam, or other surfaces which similarly impede
the natural infiltration of surface water.
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"Indoor emergency housing" means temporary indoor accommodations for individuals or
families who are homeless or at imminent risk of becoming homeless that are intended to
address the basic health, food, clothing, and personal hygiene needs of individuals or
families. Indoor emergency housing may or may not require occupants to enter into a lease
or occupancy agreement.
"Indoor emergency shelter" means a facility that provides a temporary indoor shelter for
individuals or families who are currently homeless. An indoor emergency shelter may not
require occupants to enter into a lease or an occupancy agreement. Indoor emergency
shelter facilities may include day and warming centers that do not provide overnight
accommodations.
"Landscape architect" means an individual currently licensed by the state of Washington
as a landscape architect.
"Landscaping" means an area devoted to or developed and maintained predominantly
with native or nonnative plant materials, including lawn, ground cover, trees, shrubs, and
other plant materials; and also including accessory decorative outdoor landscape
elements such as ornamental pools, fountains, paved or decorated surfaces (excluding
driveways, parking, loading, or storage areas), and sculptural elements.
"Landslide" means episodic down -slope movement of a mass of soil or rock, including
snow avalanches.
"Level of service" means an established minimum capacity of public facilities or services
that must be provided per unit of demand or other appropriate measure of need.
"Livestock" means grazing animals kept either in open fields or structures for training,
boarding, home use, sales, or breeding, and production, including but not limited to cattle,
riding and draft horses, hogs, sheep, and goats.
"Loading space" means a space for the temporary parking of a vehicle while loading or
unloading cargo or passengers.
"Loft" means an upper interior space of a building, typically consisting of an open
unpartitioned floor area that is accessible from the ground floor and that is below the
second floor or roof.
Long Subdivision. See "Subdivision."
"Lot" means a fractional part of legally divided lands having fixed boundaries, being of
sufficient area and dimension to meet minimum zoning requirements for width and area.
The term shall include tracts or parcels. For purposes of this code, adjoining lots under
11015314.1 - 366922 - 0021
common ownership, which were created without subdivision or short subdivision approval
from applicable city or county governments, shall be considered as one lot and subject to
the regulations contained herein. The terms of this section shall apply regardless of
whether the individual adjoining lot meets current zoning requirements.
"Lot - Corner lot" means a lot that has frontage on more than one intersecting street. A
street that curves with angles of 120 degrees or less, measured from the center line of the
street, is considered two intersecting streets for the purpose of evaluating whether a lot is a
corner lot. See Figures below.
Lot �� Lot �---�- � -�---�
Lotcome, Clot Lot
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Lot CornerLat
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Carderilna Z20' P I
5tn=tA pr I LOt ner Corrt9rl Lat
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orImm
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Lot ! Lot
Corner Lots
"Lot - Flag lot" means an irregular lot with two distinct parts:
(1) The flag, which is the only building site; and is located behind another lot; and
(2) The pole, which connects the flag to the street; provides the only street frontage
for the lot; and at any point is less than the minimum lot width for the zone.
"Lot - Interior lot" means a lot that has frontage on one street only.
11015314.1 - 366922 - 0021
"Lot - Irregular lot" means a lot that is shaped so that application of setback requirements
is difficult. Examples include a lot with ashape that is not close to rectangular, or a lot with
no readily identifiable rear lot line, or a flag lot.
"Lot -Parent" means a legal lot which establishes the exterior boundary of a unit lot
subdivision.
Lot Lines on Irregular Lots
REAR UYI'LINC
LDT to L C7r i
Ir i
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LOT
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LOT
mt
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"Lot - Through" means a lot having frontage on two parallel or approximately parallel
streets.
"Lot - Unit" means a portion of a parent lot, the fee of which may be independently
transferred upon recording of a unit lot subdivision.
"Lot - zoned predominantly for residential use" means Residential zoning districts in POMC
20.34 in which residential dwellings are the predominant use. This excludes lands zoned
primarily for commercial, industrial, and/or public uses, even if those zones allow for the
development of detached single-family residences. This also excludes lands zoned
primarily for mixed uses, even if those zones allow for the development of detached single-
family residences, if the zones permit bight multifamily use and a variety of commercial
uses. including but not limited to retail. services. eating and drinking establishments.
entertainment, recreation, and office uses.
"Lot area - Minimum" means the minimum or smallest amount of total lot area in a single
ownership, expressed in square feet, necessary to satisfy the physical development
standards defined in this code.
"Lot line - Interior" means a lot line that delineates property boundaries along those
portions of the property which do not abut a street.
"Lot line interior -Zero" means the elimination of one side setback so that a side building
Line can be constructed on the lot line. Zero lot lines must be designated on a plat.
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"Lot lines" means:
(1) "Lot front line" means a lot line at which vehicular access is off of a public right-
of-way, private street, access easement or tract;
(2) "Lot rear line" means a lot line which is opposite and most distant from the lot
front line. For the purpose of establishing the lot rear line of a triangular or trapezoidal lot,
or of a lot the rear line of which is formed by two or more lines, the following shall apply:
(a) For a triangular- or gore -shaped lot, a line 10 feet in length within the lot
and farthest removed from the lot front line and at right angles to the line comprising
the depth of such lot shall be used as the lot rear line;
(b) In the case of a trapezoidal lot, the rear line of which is not parallel to the
front line, the lot rear line shall be deemed to be a line at right angles to the line
comprising the depth of such lot and drawn through a point bisecting the recorded
Lot rear line;
(3) "Lot side line" means any lot boundary line that is not a lot front line or a lot rear
Line.
"Low impact development (LID)" means a stormwater and land management strategy that
strives to mimic pre -disturbance 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.
"Low impact development best management practices (LID BMPs)" means distributed
stormwater management practices integrated into a project design that emphasize pre -
disturbance 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,
vegetated roofs, minimum excavation foundations, and water reuse.
"Low impact development principles" means land 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 intensity nonresidential use" means a small scale commercial or mixed use (Chapter
20.35 POMC), civic or institutional (POMC 20.37.010), or public facilities (POMC 20.37.030)
Land use which does not have outdoor storage along the site edge requiring a landscape
buffer per POMC 20.128.070, and which has less than 25,000 square feet gross floor area.
11015314.1 - 366922 - 0021
"Major transit stop" means a stop on a high capacitVtransportation system funded or
expanded under the provisions of chapter 81.104 RCW, commuter rail stops on rail
or fixed guidewaysystems, and stops on bus rapid transit routes.
"Marijuana" has the meaning established pursuant to RCW 69.50.101, as currently
adopted or hereafter amended.
"Marijuana business" or "marijuana businesses" means and incorporates all marijuana
uses licensed by the Washington State Liquor and Cannabis Board, including, but not
Limited to, marijuana producers, marijuana processors, marijuana retailers, and marijuana
retail outlets, each as separately defined herein.
"Marijuana -infused products" has the meaning established pursuant to RCW 69.50.101, as
currently adopted or hereafter amended.
"Marijuana processor" has the meaning established pursuant to RCW 69.50.101, as
currently adopted or hereafter amended.
"Marijuana producer" has the meaning established pursuant to RCW 69.50.101, as
currently adopted or hereafter amended.
"Marijuana retail outlet" has the meaning established pursuant to RCW 69.50.101, as
currently adopted or hereafter amended, and shall also include marijuana retailers with a
medical marijuana endorsement, as defined herein.
"Marijuana retailer" has the meaning established pursuant to RCW 69.50.101, as currently
adopted or hereafter amended.
"Marijuana retailer with a medical marijuana endorsement" has the meaning established
pursuant to RCW 69.51A.010, as currently adopted or hereafter amended.
Marquee. See "Downtown marquee."
"Material error" means substantive information upon which a permit decision is based that
is submitted in error or is omitted at the time of permit application.
"Maximum lot coverage" means the maximum percentage in area of a lot that may have a
hard surface constructed thereon.
"May" means optional and permissive, and does not impose a requirement.
"Medical marijuana cooperative" means a cooperative established and registered with the
Washington State Liquor and Cannabis Board pursuant to Chapter 69.51A RCW, and that
may produce and process marijuana for the medical use of its members pursuant to the
11015314.1 - 366922 - 0021
regulations under RCW 69.51A.250, as currently adopted or hereafter amended. Also see
POMC 20.39.650.
"Medium -speed electric vehicle" means a self-propelled, electrically powered four -
wheeled motor vehicle, equipped with a roll cage or crush -proof body design, whose speed
attainable in one mile is more than 25 miles per hour but not more than 35 miles per hour
and otherwise meets or exceeds the federal regulations set forth in 49 CFR 571.500.
"Metes and bounds" means a description of real property which starts at a known point of
beginning and describes the bearings and distances of the lines forming the boundaries of
the property, and is completed when the description returns to the point of beginning.
"Mid -block connection" means a thoroughfare connecting two sides of a residential block,
usually located near the middle of said block and intended for pedestrian and bicycle use.
"Middle housing" means buildings that are compatible in scale, form, and character with
single-family houses and contain two or more attached, stacked, or clustered homes
including duplexes, triplexes, fourplexes, fiveplexes, sixnlexes, townhouses, stacked flats.
courtyard and cottage housing.
"Mitigation" or "mitigate" means any action which avoids any negative or adverse impact,
or which ameliorates any such impact.
"Mobile home — Park" means a tract of land developed with individual sites and facilities to
accommodate two or more mobile homes.
"Model home" means a dwelling unit used initially for display purposes, which typifies the
type of units that will be constructed in the subdivision and which will not be permanently
occupied during its use as a model.
"Moderate intensity nonresidential use" means any commercial or mixed use (Chapter
20.35 POMC), civic or institutional (POMC 20.37.010), or public facilities (POMC 20.37.030)
Land use featuring at least 25,000 square feet gross floor area or featuring outdoor storage
along the site edge requiring a landscape buffer per POMC 20.128.070.
"Modification — Major" means a major alteration of a site plan that includes any one of the
following:
(1) Any enlargement of proposed building(s).
(2) Any site relocation of proposed building(s).
(3) Any change in exterior design.
(4) Any modification that creates new traffic circulation patterns.
11015314.1 - 366922 - 0021
"Must" means the same as "shall" herein, and is mandatory and imposes a requirement.
"Native vegetation" means plant species that are indigenous and naturalized to the city's
region and which can be expected to naturally occur on a site. Native vegetation does not
include noxious weeds.
"Neighborhood electric vehicle" (or a low -speed electric vehicle) means a self-propelled,
electrically powered four -wheeled motor vehicle whose speed attainable in one mile is
more than 20 miles per hour and not more than 25 miles per hour and conforms to federal
regulations under 49 CFR 571.500.
"New evidence" means any and all evidence that is submitted or received after the date the
examiner, or city council as the case may be, closes the official record. The official record is
closed at the end of the hearing, unless the examiner specifically allows the official record
to remain open for a time certain.
"Nonelectric vehicle" means any motor vehicle that does not meet the definition of
"electric vehicle."
"Noxious weed" means any plant which when established is highly destructive,
competitive, or difficult to control by cultural or chemical practices (see Chapter 17.10
RCW). The state noxious weed list in Chapter 16-750 WAC is the officially adopted list of
noxious weeds by the noxious weed control board and recognized by Port Orchard.
"Off site" means any premises not located within the area of the property proposed for a
development or use activity, whether or not in the common ownership of the applicant.
"Official file" means:
(1) All materials accepted by the examiner, or the city council as the case may be,
for purposes of the hearing, or created during the hearing, including but not limited to:
(a) All application materials submitted by the applicant;
(b) The staff report for the hearing;
(c) All written comments received by the city prior to the hearing, or received
into the official record during the hearing;
(d) The list of persons who signed in to the public hearing indicating a desire
to testify, or who wish to be notified of a decision or recommendation on the matter;
(e) The electronic recording of the hearing on the matter, or a transcript of the
electronic hearing on the matter, certified under oath to be a transcript of the
electronic recording of the hearing on the matter;
11015314.1 - 366922 - 0021
(f) The recommendation or decision of the examiner.
(2) If a decision of the examiner is appealed to the council, the following will also be
included in the official file:
(a) The letter or notice of appeal;
(b) The staff report on the appeal;
(c) Any legal motions, briefs or other written appeal documents submitted by
a party of record.
(3) If the decision of the council is appealed to superior court, the following will also
be included in the official file:
(a) The electronic recording of the appeal to council and minutes of the
same, or a transcript of the electronic hearing on the matter, certified under oath to
be a true and correct transcript of the electronic recording of the hearing on the
appeal;
(b) The decision of the council.
"Official plans" means the comprehensive plan, these development regulations, and other
documents adopted by the city council of the city of Port Orchard.
"Official record" means the written and oral information, exhibits, reports, testimony and
other evidence submitted in a timely manner and accepted by the examiner, or the city
council, if applicable. An electronic recording or transcript certified as a true and correct
transcript of an electronic recording of the hearing is a part of the official record.
"Open record hearing" means a hearing, conducted by a single hearing body or officer
authorized by the city to conduct such hearings, that creates the city's record through
testimony and submission of evidence and information, under procedures prescribed by
the hearing body or officer.
"Open space" means a portion of land, excluding building sites and parking areas, which is
designated and maintained as an area for leisure, recreation and other activities normally
carried on outdoors. Open space may include greenbelt and recreational areas.
"Ordinances" means legislative enactments of a city or county.
"Owner" means the owner of record of real property, although when real property is being
purchased under a real estate contract, the purchaser shall be considered the owner of the
real property, if the contract is recorded. (RCW 82.02.090(4).)
11015314.1 - 366922 - 0021
"Parapet" means that portion of a building wall that extends above the roof of the building.
"Park" means a site designed or developed for recreational use by the public, including but
not limited to: indoor facilities, such as gymnasiums, swimming pools, or activity centers;
and outdoor facilities, such as playfields, swimming pools, courts, playgrounds, fishing
and boating access areas, or picnicking and other group activity areas, and areas and trails
for hikers, equestrians, or bicyclists. Also see POMC 20.39.315 and 20.39.340.
"Parking lot aisle" means that portion of the off-street parking area used exclusively for the
maneuvering and circulation of motor vehicles and in which parking is prohibited.
"Parking space" means an area accessible to vehicles, improved, maintained, and used for
the sole purpose of parking a motor vehicle.
"Parking space — Off-street" means a space on private property with access to a public
street or alley used to park a motor vehicle.
"Party" or "party of record" means the applicant, the property owner of the property for
which a land use application has been filed, and any person who has submitted written
comments or testified as part of the official record of a land use action.
"Pavement width" means the actual paved surface measured from edge to edge of a street
or alley road surface.
"Peak hour" means the hour during the morning or afternoon when the most critical level of
service occurs for a particular roadway or intersection.
"Permanent supportive housing" means subsidized, leased housing with no limit on length
of stay that prioritizes people who need comprehensive support services to retain tenancy
and utilizes admissions practices designed to use lower barriers to entry than would be
typical for other subsidized or unsubsidized rental housing, especially related to rental
history, criminal history, and personal behaviors. Permanent supportive housing is paired
with on -site or 24-hour off -site voluntary services designed to support a person living with a
complex and disabling behavioral health or physical health condition who was
experiencing homelessness or was at imminent risk of homelessness prior to moving into
housing to retain their housing and be a successful tenant in a housing arrangement,
improve the resident's health status, and connect the resident of the housing with
community -based health care, treatment, or employment services. Permanent supportive
housing is subject to all of the rights and responsibilities defined in Chapter 59.18 RCW.
"Permit" or "project permit" means any land use or environmental permit or license
required from the city, including, but not limited to: building permits, land disturbing
activity permits, subdivisions, binding site plans, conditional use permits, variances,
11015314.1 - 366922 - 0021
shoreline substantial development permits, site development permits, temporary use
permits, permits or approvals required by critical areas regulations, and site -specific
rezones.
"Permit —Temporary use" means a permit to allow a use for a limited duration and/or
frequency.
"Person" means any individual, organization, society, partnership, firm, association, joint
venture, public or private corporation, trust, estate, commission, board, public or private
institution, governmental agency, public or private utility, cooperative, interstate body or
other legal entity.
"Pervious surface" means a surface material that allows stormwater to infiltrate into the
ground. Examples include, but are not limited to, lawn, landscape, pasture, native
vegetation area, and permeable pavements.
"Place of worship" means a place where religious services are conducted, and including
accessory uses in the primary or accessory buildings, such as religious education, reading
rooms, assembly rooms, and residences for nuns and clergy.
"Planning commission" means the city of Port Orchard, Washington, planning commission.
"Plat" means a map or representation of a subdivision, showing thereon the division of a
tract or parcel of land into lots, blocks, streets and alleys or other divisions and
dedications.
"Plat certificate" means a title report by a title insurance company certifying the ownership,
deed restrictions, covenants, etc., of the land being subdivided.
"Plat— Final plat" means the final drawing of the subdivision and dedication prepared for
filing of record with the county auditor, and containing all elements and requirements set
forth in Chapter 58.17 RCW and Chapter 20.90 POMC.
"Plat— Long plat" means the map or representation of a long subdivision, showing thereon
the subdivision of a tract or parcel of land with lots, blocks, streets, and alleys or other
subdivisions, easements and dedications as authorized by Chapter 58.17 RCW and in
Subtitle V of this title.
"Plat— Preliminary plat" means a neat and approximate drawing of a proposed subdivision
showing the general layout of streets and alleys, lots, blocks and other elements of a
subdivision consistent with the requirements of this title. The preliminary plat shall be the
basis for the approval or disapproval of the general layout of a subdivision of 10 or more
Lots.
11015314.1 - 366922 - 0021
"Plat —Short plat" means the map or representation of a short subdivision.
"Plug-in hybrid electric vehicle (PHEV)" means an electric vehicle that: (1) contains an
internal combustion engine and also allows power to be delivered to drive wheels by an
electric motor; (2) charges its battery primarily by connecting to the grid or other off -board
electrical source; (3) may additionally be able to sustain battery charge using an on -board
internal -combustion -driven generator; and (4) has the ability to travel powered by
electricity.
"Port Orchard" means the city of Port Orchard, Washington.
Preliminary Plat. See "Plat— Preliminary plat."
"Principal building" means a building in which is conducted the main or primary use of the
Lot on which it is located. Generally, this use will be a principal permitted use as provided in
POMC 20.39.010. It is possible for a lot to have more than one principal building and
principal use.
"Private" means solely or primarily for the use of residents or occupants of the premises,
e.g., a noncommercial garage used solely by residents or their guests is a private garage.
"Private street" means a privately owned right-of-way which provides access for up to 10
residential units and meets the requirements of the city's public works standards.
"Project improvements" means site improvements and facilities that are planned and
designed to provide service for a particular development and that are necessary for the use
and convenience of the occupants or users of the project, and are not system
improvements. No improvement or facility included in a capital facilities plan approved by
the city council shall be considered a project improvement. (RCW 82.02.090(5).)
"Project permit" or "project permit application" means any land use or environmental
approval required from the city for a project action, including but not limited to building
permits, subdivisions, planned unit developments, conditional uses, shoreline substantial
development permits, site plan review, permits or approvals required by this title, critical
areas and natural resources, site -specific rezones authorized by a comprehensive plan or
subarea plan, but excluding the adoption or amendment of a comprehensive plan, subarea
plan, or development regulations except as otherwise specifically included in this land use
regulatory code.
Property Owner. See "Owner."
"Protected area" means all land where no construction activity, tree removal, vegetation
removal, or soil compaction is allowed and
11015314.1 - 366922 - 0021
includes the critical root zone of those trees to be preserved.
"Pruning" means cutting back of limbs larger than one and one-half inches in diameter.
"Public agency" means any agency, political subdivision, or unit of local government of this
state, including but not limited to municipal corporations, special purpose districts,
counties, and local service districts; any agency of the state of Washington, the United
States or any state thereof; or any Indian tribe recognized as such by the federal
government.
"Public agency yard" means a facility operated by a public agency for open or enclosed
storage, repair, and maintenance of vehicles, equipment, or related materials, excluding
document storage.
"Public facilities" means facilities which are owned, operated and maintained by a public
agency.
"Public right-of-way" means any road, alley, street, avenue, arterial, bridge, highway, or
other publicly owned ground or place used or reserved for the free passage of vehicular
and/or pedestrian traffic or other services, including utilities.
Public Street. See "Public right-of-way."
"Rapid charging station" means an industrial grade electrical outlet that allows for faster
recharging of electric vehicle batteries through higher power levels and that meets or
exceeds any standards, codes, and regulations set forth by Chapter 19.28 RCW and
consistent with rules adopted under RCW 19.27.540.
"Reasonable use" has the meaning established by the most recent applicable state or
federal court decision.
"Recreational vehicle (RV)" means a vehicle designed primarily for recreational camping,
travel or seasonal use, which has its own motive power or is mounted on or towed by
another vehicle, including but not limited to: travel trailer, folding camping trailer, park
trailer, truck camper, motor home, and multi -use vehicle.
"Recreational vehicle parks" means the use of land upon which two or more recreational
vehicle sites, including hookup facilities, are located for occupancy by the general public of
recreational vehicles as temporary living quarters for recreation or vacation purposes.
"Recyclable material" means a nontoxic, recoverable substance that can be reprocessed
for the manufacture of new products.
11015314.1 - 366922 - 0021
"Regional utility corridor" means a right-of-way tract or easement which contains
transmission lines or pipelines for utility companies, excluding distribution lines contained
within street rights -of -way or lines serving individual lots or developments.
"Reserve strip" means a strip of land dedicated or created in fee for the purpose of
controlling the access to streets or other public rights -of -way from adjoining property.
"Resident" means a person who occupies a residential dwelling within the city of Port
Orchard on an ongoing and continual basis, and who actually lives within the home, as
distinguished from a visitor or transient.
"Restoration" means the actions to return a stream, wetland or other critical area to a state
in which its stability, functions, and values approach its unaltered state as closely as
possible.
"Retention facilities" means drainage facilities designed to store runoff for gradual release
by evaporation, plant transpiration, or infiltration into the soil. Retention facilities shall
include all such drainage facilities designed so that none of the runoff entering the facility
will be discharged as surface water. Retention facilities shall include all appurtenances
associated with their designed function, maintenance, and security.
"Right-of-way" or "ROW" means a strip of land platted, dedicated, condemned or
established by prescription, or otherwise legally established, for the use of pedestrians,
vehicles or utilities.
"Sale or lease" means any immediate or future transfer of ownership, or any possessory
interest in land, including contract of sale, lease, devise, intestate succession, or other
transfer of an interest in a subdivision or part thereof, whether by metes and bounds or lot
and block description.
"Sanitary sewer systems" means all facilities, including approved on -site disposal
facilities, used in the collection, transmission, storage, treatment, or discharge of any
waterborne waste, whether domestic in origin or a combination of domestic, commercial
or industrial waste.
"School" means an institution primarily for academic instruction, public, private or
parochial, and accredited by the State Department of Education.
"School bus base" means an establishment for the storage, dispatch, repair, and
maintenance of coaches and other vehicles of a school transit system. Also see POMC
20.39.210.
"School district" means South Kitsap School District No. 402.
11015314.1 - 366922 - 0021
"School district support facility" means uses (excluding schools and bus bases) that are
required for the operation of a school district, including centralized kitchens, and
maintenance or storage facilities.
"Seasonal decoration" means temporary decorations for holidays which do not fall under
the definition of a sign. Decorations, which fall under the definition of a sign, must conform
to all provisions of the sign code.
"Senior" means a person aged 55 or older.
Sensitive Area. See "Critical areas."
"SEPA responsible official" means the development director, or such other person as the
development director has designated in writing to serve as the SEPA responsible official.
"Setback" means the minimum required distance between a structure or portion thereof
and a lot line of the lot on which it is located, or another line as described in a particular
section of this title. See POMC 20.40.020 for additional information.
"Shall" means the same as "must" herein, and is mandatory and imposes a requirement.
"Shoreline jurisdiction" means the area extending landward for 200 feet in all directions as
measured on a horizontal plane from the ordinary high water mark; floodways and
contiguous floodplains areas landward 200 feet for such floodways, and all wetlands
associated with streams, lakes and tidal waters.
"Shoreline master program" means the shoreline master program for the city of Port
Orchard, and the use regulations, together with maps, diagrams, charts, or other
descriptive material and text, a statement of desired goals, and standards developed in
accordance with the policies enunciated in RCW 90.58.020.
Short Plat. See "Plat — Short plat."
"Short subdivision" means the division or redivision of land into nine or fewer lots, tracts,
parcels or divisions for the purpose of sale or lease.
"Should" means strongly advisable, unless the context clearly indicates otherwise.
"Site area — Minimum" means the minimum or smallest amount of total site area in a single
ownership expressed in acres necessary to support development consistent with the
zoning district provisions of this code.
"Single-family zones" means those zones where single-family detached residences are the
predominant land use. In Port Orchard the "single-family zones" are the Residential 1 (R1)
and Residential 2 (R2) districts as described in POMC 20.34.
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"Sixplex" means a residential building with six attached dwelling units.
"Soil amendments" means materials added to soil to improve its physical or chemical
properties. Unlike fertilizers, the exact ingredients and chemical composition of soil
amendments vary among different sources. Examples could include compost, time,
gypsum, and clay. Soil amendments can be used to improve the permeability and water
retention characteristics of soil.
"Specified sexual activities" means human genitalia in a state of sexual stimulation or
arousal; acts of human masturbation; sexual intercourse or sodomy; erotic fondling,
touching or display of human genitalia, pubic region, buttock, or female breast; peep
shows, topless dancing, and nude dancing.
"Stacked flat" means dwelling units in a residential building of no more than three stories
on a residential zoned lot in which each floor maybe se ap rately rented or owned.
"State" means the state of Washington.
"Stream" has the meaning established pursuant to Chapter 90.58 RCW as currently
adopted or hereafter amended.
"Street" (including the words "avenue," "boulevard," "circle," "court," "drive," "lane," "loop,"
"parkway," "place," "road," "spur," "terrace," and "way") means:
(1) Any public way, either unimproved or improved, which affords the principal
means of access to abutting properties. A street width shall be considered the distance
between its right-of-way lines.
(2) A public or recorded private thoroughfare providing the main pedestrian and
vehicular access through neighborhoods and communities and to abutting property.
"Street block" means a group of lots or properties on the same side of a street between two
street intersections or a street intersection and a dead end.
"Street frontage" means the portion of a lot property line that abuts a public right-of-way.
"Street standards" means the city of Port Orchard "Public Works Engineering Standards
and Specifications" (PWESS) for streets as adopted by ordinance of the Port Orchard city
council.
"Structure" means anything permanently constructed, walled, and roofed, including a gas
or liquid storage tank that is principally in or on the ground, or over the water, excluding
fences less than six feet.
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"Subdivider" means any person, firm or corporation who subdivides or develops any land
deemed to be a subdivision.
"Subdivision" means the division or redivision of land into 10 or more lots, tracts, parcels,
sites or divisions for the purpose of sale or lease, or transfer of ownership, and includes all
resubdivision of land.
"Subdivision, unit lot" means the division of land into two or more contiguous buildable
lots, provided the parent lot meets all requirements for dimension, setbacks, building
apes, density, open space, or any other applicable development standard set forth in this
Title.
"Substantial development or improvement" means:
(1) Any repair, reconstruction, or improvement of a structure, the cost of which
equals or exceeds 50 percent of the market value of the structure either:
(a) Before the improvement repair is started; or
(b) If the structure has been damaged and is being restored, before the
damage occurred. For the purposes of this definition, substantial improvement is
considered to occur when the first alteration of any wall, ceiling, floor, or other
structural part of the building commences, whether or not that alteration affects the
external dimensions of the structure.
(2) The term does not, however, include either:
(a) Any project for improvement of a structure to comply with existing state or
Local health, sanitary, or safety code specifications which are solely necessary to
assure safe living conditions; or
(b) Any alteration of a structure listed on the National Register of Historical
Places or a State Inventory of Historical Places.
"Survey monument" or "monument" means the physical structure, along with any
references or accessories thereto, used to mark the location of a land boundary survey
corner, geodetic control point, or local control point.
"Surveyor" means a registered professional land surveyor licensed to practice surveying in
the state of Washington.
"System improvements" means public facilities that are included in the city's capital
facilities plan and are designed to provide service to areas within the city and community at
Large, in contrast to project or on -site improvements. (RCW 82.02.090(9).)
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"Testamentary" means given or bequeathed by a will.
"Tract" means a nonbuildable or buildable unit of land created by a subdivision, short
subdivision, deed, or other instrument recorded with the appropriate county recorder.
Tracts are usually held in common by the owners of an organization, such as a
homeowners' association, for common benefit and are not in every instance required to
meet minimum lot size and dimensional requirements of the applicable zone.
"Trails" means manmade pathways designed and intended for use by nonmotorized
transportation modes, including walking, biking, horseback riding, and/or recreational
uses.
"Transitional housing" means a facility that provides housing and supportive services to
homeless persons or families for up to two years and that has as its purpose facilitating the
movement of homeless persons and families into independent living.
"Transportation facilities" means capital facilities related to air, water or land
transportation.
"Transportation level of service standards" means a measure which describes the
operational condition of the travel stream and acceptable adequacy requirements, as
identified in the city's comprehensive plan (as required by RCW 36.70A.070(6)(b)).
"Transportation system management (TSM)" means low cost projects that can be
implemented in a short time frame designed to increase the efficiency of existing
transportation facilities. This also includes transit and/or ride -sharing measures to
decrease single-occupancyvehicle trips.
"Tree" means any woody plant characterized by one main stem or trunk and many
branches, or multi -stemmed trunks which have a diameter individually or cumulatively of
four inches DBH or larger.
"Tree enhancement plan" means a plan prepared by a certified arborist, licensed
Landscape architect, or certified forester and required of all commercial or industrial
properties greater than two acres in size when any tree removal or tree clearing takes place.
The tree enhancement plan shall combine tree preservation of existing trees to the extent
feasible, along with tree replacement and replanting equal to at least 15 percent of the
number of significant trees existing on the site prior to any tree removal. The tree
enhancement plan shall incorporate trees in as many areas as feasible, such as tree tracts,
boundary trees, perimeter landscaping, parking lot landscaping, street and driveway trees,
facade landscaping, or other viable stands of trees, considering the type of commercial or
industrial development.
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"Tree inventory" means ad eta i led list of all trees of four inches DBH or larger, located on a
site for which a tree permit is required, and which is prepared by a certified arborist,
Licensed landscape architect, certified forester, or other qualified tree professional. A tree
inventory shall be included on a site plan drawn to scale, and provide the number, size,
approximate height, specific location, and tree species of all trees of four inches DBH or
Larger, with a summary of all significant trees in sufficient detail for the city to review.
"Tree owner" means the owner of the real property where 51 percent or more of the
diameter of the trunk of the tree at ground level is located.
"Tree topping" means the severe cutting back of limbs to stubs larger than three inches in
diameter within the tree's crown to such a degree so as to remove the normal canopy and
disfigure the tree.
"Tree, vegetation and soil protection area (TVSPA)" means a separate tract of land, which
may or may not be deeded as such, specifically set aside for the preservation of healthy
soil and the preservation or planting of existing and/or native vegetation and trees.
Stormwater retention/detention facilities, critical area buffers and other common areas
may be considered TVSPA if they currently, or are improved to an extent where they can,
support healthy soils and the growth of native vegetation and trees. The purpose of these
areas (for preserving healthy soils, preserving and/or planting native vegetation and trees) is
stated on the face of the plat when applicable.
"Triplex" means a residential building with three attached dwelling units.
"Townhouses" means buildings that contain three or more attached single-family dwelling
units that extend from foundation to roof and that have a yard or public way on not less
than two sides.
"Ultimate roadway section" means a designation that the maximum roadway or
intersection capacity has been reached and further right-of-way acquisition and/or
improvements are not feasible to increase peak hour vehicle capacity.
"Understory" means the low layer of plants forming an underbrush or underwood.
"Unit densitv" means the number of dwelling units allowed on a lot. or parent lot.
"Use — Principal" means the primary use for a lot, structure, or building or the major portion
thereof, as designated or actually used.
"Use — Secondary" means an incidental or accessory use for which a lot, structure or
building is designated or employed in conjunction with, but not subordinate to, its primary
use.
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"Utilities" or" public utilities" means enterprises or facilities serving the public by means of
an integrated system of collection, transmission, distribution and processing facilities
through more or less permanent physical connections between the plant of the serving
entity and the premises of the customer. Included are systems for the delivery of natural
gas, electricity, telecommunications services and water, and for the disposal of sewage.
Also see POMC 20.39.260 and 20.39.270.
"Vacation rental" means a self-contained single-family residence including
condominiums, apartments and detached residences that may be rented by groups or
individuals. Not to be confused with hotels/motels or bed and breakfast facilities. Also see
POMC 20.39.345.
"Vegetation" means any and all organic plant life growing at, below or above the soil
surface.
"Wall, blank" means wall (including building facades and retaining walls) over 10 feet in
height, has a horizontal length greater than 15 feet, and does not include a transparent
window or door.
"Wall frontage" means the length of an outside building wall on a public right-of-way.
"Wall plane" means the flat vertical surface on a building facade, which may include doors,
windows, openings, or other incidental recessions that do not extend through to the
roofline.
"Wastewater treatment facility" means a plant for collection, decontamination, and
disposal of sewage, including residential, industrial, and agricultural liquid wastes, and
including any physical improvement within the scope of the definition of "water pollution
control facility" set forth in WAC 173-90-015(4) as amended. Also see POMC 20.39.480.
"Waterwise plant" means a plant that requires regular water while being established.
However, once established, it will need less water than most traditional plants, but will not
necessarily withstand periods of drought.
"Wetland" or "wetlands" means areas that are inundated or saturated by surface water or
ground water at a frequency and duration sufficient to support, and that under normal
circumstances do support, a prevalence of vegetation typically adapted for life in saturated
soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas.
Wetlands do not include those artificial wetlands intentionally created from non -wetland
sites, including, but not limited to, irrigation and drainage ditches, grass -lined swales,
canals, detention facilities, wastewater treatment facilities, farm ponds, and landscape
amenities, or those wetlands created after July 1, 1990, that were unintentionally created
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as a result of the construction of a road, street, or highway. Wetlands may include those
artificial wetlands intentionally created from non -wetland areas to mitigate the conversion
of wetlands.
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