ORD 2011-17 CREATE AN "INN" AS A NEW PERMITTED USEORDINANCE N0.2011-17
AN ORDINANCE of the City of Bainbridge Island,
Washington to create an "Inn" as a new permitted use by
amending Sections 18.09.020, 18.15.020, and 18.36.030 of the
Bainbridge Island Municipal .Code.
WHEREAS; the City of Bainbridge Island has the authority to adopt zoning provisions
pursuant to RCW 36.70A.390; and
WHEREAS, the City Council has determined that an "Inn" is a desired use on the Island,
provided that they are limited in size; and
WHEREAS, on October 5, 2011 the City Council directed staff to develop an ordinance
allowing "Inns" as a permitted use in the Neighborhood Service Centers; and
WHEREAS, the City of Bainbridge Island Comprehensive Plan adopted in December
2004 contains a goal for the Neighborhood Service Centers to "Encourage the development of
the Neighborhood Service Centers at Rolling Bay, Lynwood, and Island Centers, as designated
on the Land Use Map, as areas with small-scale, Island-wide, commercial, mixed use and
residential development outside Winslow"; and
WHEREAS, on November 3, 2011, the Planning Commission held a public hearing on
draft Ordinance 2011-17, and recommended that "Inns" be permitted in the Neighborhood
Service Centers and the Mixed .Use Town Center/I-Iigh School Road districts, and to make
"Hotels" a conditional use in the Core and Ferry Terminal districts within the Mixed Use Town
Center; and
WHEREAS, the City Council conducted first reading of Ordinance 2011-17 on
November 21, 2011 and second reading and public hearing on December 7, 2011; and
WHEREAS, pursuant to RCW 36.70A.106, a 60-day notice was sent to the Washington
State Department of Commerce on November 8, 2011; now therefore,
THE CITY COUNCIL OF THE CITY OF BAINBRIDGE ISLAND, WASHINGTON,
DOES ORDAIN AS FOLLOWS:
Section 1. Table 18.09.020 (Use Table) of the Bainbridge Island Municipal Code is amended
to read as follows:
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ZONING DISTRICT Mlinslow Mixed Use
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8 R_ Town Center RSR I WD- Use Specific
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9 3
5 4
3 - - 14 and N~SC B/I I Standards
USE CATEGORY /TYPE . . . . CC MA EA Gate Ferry II 18.09.030
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Healthcare Facility C C C C C C C C C P P P P P C P P C C-7
CULTURAL AND I
ENTERTAINMENT ~ ~
Artist Studio P P P P P P 'P P
Club C C C C C C C C C C P P P P P P IP
Commercial Amusement P P P P P P C
Cultural Facility C C C C C C C C C C P P P P P P C C C
Entertainment Facility P P ~"'
COMMERCIAL SALES AND SER~JICE
Note: Commercial Sales and Service uses may be subject to additional requirements in BIMC 16.12200 Commercial development
Accommodation
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Bed and Breakfast (3+
C C C C C C C C C C P P P P P P P
bedrooms)
Inn P P P P P P P
Hotel ~C C ~C P D-1
Section 2. Section 18.15.020 of the Bainbridge Island Municipal Code is amended to read as
follows:
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Land Use Spaces Required
Residential dwelling unit in a 2 spaces for each primary dwelling unit and
single family residential district 1 space for each accessory dwelling unit.
[1]
Residential dwelling unit in a 1 space per primary dwelling unit that is a studio or
multifamily residential, NSC, or 1 bedroom unit, and 2 spaces for all other primary
B/I district dwelling units.
Dwelling units situated directly above a commercial
use or directly above parking serving a commercial
use in the NSC or B/I districts shall require 1 parking
space. Dwelling units separate from the commercial
use or its parking by one or more intervening floors
shall not be considered to be located "directly
above" that use, and therefore 2 parking spaces are
required.
The director may require guest parking in excess of
the required parking spaces, whether or not the
required parking is reduced pursuant to
18.15.020.8.12, up to a maximum additional 0.5 stall
per dwelling unit; if there is inadequate guest
parking on the subject property.
Retail, commercial and personal 5 spaces per 1,000 square feet of floor area, except
services in a building with less as modified by the parking standards for the Mixed
than 1,000 square feet of floor Use Overlay Districts and High School Road
area Districts below.
Retail, commercial and personal 4 spaces per 1,000 square feet of floor area, except
service in a building with 1,000 as modified by the parking standards for the Mixed
square feet of floor area or more Use Overlay Districts and High School Road
Districts below.
Industry and light manufacturing 1 space for each employee plus 1 space for each
uses 250 square feet of office-space
Places of public accommodation 1 space for each 4 occupants as determined by the
serving food and beverage, department
including but not limited to
restaurants and taverns
For motels/hotels, inns, and bed 1 space for each sleeping room
and breakfasts
For places of assembly, 10 spaces for each 1,000 square feet of floor area or
includin auditoriums, theaters, 1 space for each 5 fixed seats, except for movie
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Land Use Spaces Required
banquet rooms and religious theaters which shall require 1 space per 4 seats.
institutions
Elementary, Middle, and Junior 1 space per 50 students and 1 space per employee
High Schools
High Schools 1 space per 10 school students and 1 per employee
Educational, governmental, A number of spaces adequate to accommodate the
health care and recreational peak shift as determined by the director based on
facilities not included as part of a information submitted by the applicant as reauired
elementary, middle, junior or for Other Uses and Special Cases below.
high school or a religious
institution
Day Care Centers 1 stall for each on-duty shift employee plus 1 stall
for each 12 children served by the facility. Capacity
is determined by state license requirements.
Other Uses and Special Cases For other uses or special cases, parking
requirements shall be established by the director.
For determination by the director, the applicant shall
supply (a) documentation regarding actual parking
demand for the proposed use; or (b) technical
studies prepared by a qualified professional relating
to the parking need for the proposed use; or (c)
required parking for the proposed use as determined
b other comparable 'urisdictions.
[1] Residential parking requirements may be reduced by 50 percent for dwelling units located
within aone-half-mile radius and 25 percent for dwelling units located within one-half mile and
a one mile radius of the ferry terminal providing scheduled service to Seattle. This provision
may not be used in conjunction with senior housing or other parking reduction arrangements,
and the required number of parking spaces shall not be reduced below 1 space per parking
unit. This provision does not preclude the authority of the director to require guest parking as
described in this table.
Section 3. Section 18.36.030 of the Bainbridge Island Municipal Code is amended to read as
follows (See Appendix A}:
18.36.030.33. Bed and Breakfast
"Bed and breakfast" means asingle-family residence that is owner-occupied and in which (l) three or more 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. Abed and breakfast lodging is not a hotel motel inn home
occupation or other use defined or reQulated~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.
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18.36.030.34. Hotel
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"Hotel" means a building or group of buildings containingguest 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 abed-
and-breakfast lodging or inn as defined and regulated elsewhere in this Code. Short-term rental (less than 30 dam
a time) of asingle-family residence does not constitute a hotel.
18.36.030.122. Inn
"Inn" means a building or group of buildings containine up to IS west rooms where, for compensation, lodcing is
provided for transient visitors. An inn maY contain a kitchen and/or dining; room for serving meals to its Guests.
Individual rooms mawinclude a bar-type sink and under-counter refrigerator but may not include a full sink, full-
sized refrigerator or cooking range. An inn is not a hotel motel or bed and breakfast lodcin~ as defined and
regulated elsewhere in this title.
Section 4. If any section, sentence, clause or phrase of this chapter shall be held to be invalid
or unconstitutional by a court- of competent jurisdiction, such invalidity or unconstitutionality
shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of
this chapter.
Section 5. This ordinance shall take effect on and be in force January 1, 2012 and after .its
passage, approval, and publication as required by law.
PASSED by the City Council this 7~~' day of December, 2011.
APPROVED by the Mayor this 7t" day of December, 2011.
Kirsten ytopoulos, Mayor
ATTEST/AUTHENTICATE:
~ptinai~,ot_~a • ~.ti50 k~
Rosalind D. Lassoff, City Clerk
FILED WITH THE CITY CLF,RK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFEC 1 IVE DATE:
ORDINANCE NO:
November 16, 2011
December 7, 2011
December 9, 2011
January 1, 2012
2011-17
3
APPENDIX A
18.36 DEFINITIONS
18.36.010 RULES OF CONSTRUCTION
In the interpretation of this Code the rules and. definitions of this Section shall be observed and applied, except when
the context clearly indicates otherwise.
A. Words used or defined in one tense or form shall include other tenses and derivative forms.
B. Words in the singular number shall include the plural number, and words in the plural number shall
include the singularnumber.
C. The mascuiine gender shaii inciude the feminine and the feminine gender shall include the masculine.
D. The word "shall" is mandatory.
E. The words "may" or "should" are permissive.
F. The words "Municipal Code" means the Municipal Code of the City of Bainbridge Island,
Washington.
G. The word "person" includes individuals, firms, corporations, associations, and any other similar
entities.
H. The word "county" means the Kifsap County, Washington.
I. The word "city" means the City of Bainbridge Island, Washington.
J. The words "City Council" mean the City Council of the City of Bainbridge Island, Washington.
K. The word "state" means the State of Washington.
L. In case of any difference of meaning or implication between the text of this Code and any caption or
illustration, the text shall control.
M. The terms "standards" and "guidelines" have different meanings, as follows. Standards mandate the
specific course of planning and .design action that the applicant must incorporate in its project
application. Compliance with standards is mandatory. Statements of standards are indicated by use of
the word "shall" in the rule or directive. A failure to meet a mandatory standard may be used as a basis
for the City's denial of a project application. In comparison, "guidelines," if any, follow the standards
and are indicated by-the words "may" or "should." Guidelines are voluntary and not mandatory;
however, compliance is strongly encouraged to fulfill the intent of the section. A failure to meet a
voluntary guideline cannot be used by the city as a basis for a project denial.
18036.®~® RULES OF IVIEASURE~AENT
Rules of measurement for the following terms are defined in BIMC 18.12.050.
A. Base Density
B. Building Footprint
C. Building Height
D. Density
E. Fence Height
F. Floor Area
G. Floor Area Ratio
4
I1. Front Setbacks
I. Grade
J. Lot Area
K. Lot Coverage
L. Lot Depth
M. Lot Width
N. Rear Setback
O. Setback
P. Side Setback
Q. Shoreline Setback Line
R. Structure Height
S. Through Lots -Accessory Buildings
18.36.030 DEFINITIONS
18.36.030.]. Abutting
"Abutting" means bordering or touching, such as sharing a common lot line. Lots that are separated by a street or
right-of--way are not abutting.
18.36.030.2. Accent Lighting
"Accent lighting" means any luminary that emphasizes a particular object or draws attention to a particular area for
aesthetic purposes.
18.36.030.3. Accessory Agricultural Processing and Livestock and Poultry Slaughtering
The killing or butchering of Large or Small Livestock or poultry, and the commercial preparation and manufacturing
of commodities such as wine or jam using crops or livestock raised primarily from island farms. This is an
accessory and subordinate use to Crop Agriculture or Animal Agriculture.
18.36.030.4. Accessory Agricultural Education
"Accessory agricultural education" means the provision of knowledge, information, and skills pertaining to
agriculture, which is conducted concurrently with crop or animal agriculture crops and as an accessory use to the
primacy agricultural use on the property. Examples include demonstration gardens and interactive seminars that
demonstrate best practices in farm management and resource conservation.
18.36.030.5. Accessory Agricultural Retail
"Accessory Agricultural retail" includes community kitchens, stables, and also means the sale of l) crops grown or
livestock raised by a farmer, or 2) value added products made from crops grown or livestock raised by the farmer,
and 3) 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. Products sold shall be 1) primarily Island grown crops, 2)
value added products if the defining ingredient was Island grown, and 3) associated products that are incidental to
the agricultural activity on the site.
A. "Accessory Agricultw•al Retail, Minor" means Agricultural Retail that (a) generates less than 36
round trips per day on average, and (b) does not conduct more than 4 agricultural special events
each year. This category includes Faun Stands and joint use of farm stands by multiple producers
and the use of retail sites for pick-up of community supported agricultural deliveries. See Farm
Stand.
B: "Accessory Agricultural Retail, Major" means Agricultural Retail that is more intensive than Minor
Agricultural Retail.
18.36.030.6. Accessory Agricultural Tourism
"Accessory 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, farm mazes, pumpkin patches, farm animal viewing and petting, wagon rides, farmland and
uiiiiiy tour S, jioliil.uiLUre ni.irsericS and aSSuciated display gardeilS, Elder preSSing, C1aSS0S Or WOl'kSIIOpS, Wlne Or
cheese tasting, etc.
18.36.030.7. Accessory Antenna Device
"Accessory antenna device" means an antenna including, but not limited to, test mobile antennas and global
positioning (GPS) antennas that are less than 12 inches in height or width, excluding the support structure.
18.36.030.8. Accessory Day Care Facility
"Accessory day care facility" means a day care center for people sited on the premises of an operating community
service facility, such as a private or public school, place of worship, community center or library, and associated
with Thal activity.
18.36.030.9. Accessory Composting Bins
"Composting Bin" means a structure built to facilitate the decomposition of organic matter. Composting Bins must
be designed to prevent the production of excessive odors.
18.36.030.10. Accessory Dwelling Units
Accessory dwelling unit means separate living quarters containing kitchen facilities, where the living quarters are
contained within or detached from asingle-family dwelling on a single lot.
18.36.030.11. Accessory Structure
"Accessory structure" means a subordinate building or stl-uctul•e that is incidental to the principal structure on the
same lot, or an abutting lot if it meets the requirements in l 8.09.030.I.12. Accessory structures include, but are not
limited to, solar panels, small wind devices, barns, sheds, and confined feed lots holding less than 5 chickens
(roosters are only allowed on parcels outside of the Mixed Use Town Center districts). Accessory dwelling units are
not considered accessory buildings or structures.
18.36.030.12. 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.
18.36.030.13. Accessory Uses to Agriculture (not listed otherwise)
"Accessory use to Agriculture" means a use customarily incidental and related to Animal Agriculture or Crop
Agriculture and not defined separately. Other accessory uses to Agriculture include without limitation: storage of
heavy equipment or vehicles used for agricultural purposes, incidental structures used in support of permitted uses,
the repair of agricultui•a] equipment used on the property or nearby properties, and mixing of feeds to be used in
Animal Agriculture or soil treatments to be used in Crop Agriculture..
18.36.030.14. Adjoining
"Adjoining" means immediately abutting or separated only by a street or right-of--way. (Oi'd. 92-08 § 2, 1992)
6
18.36.030.15. Adult Entertainment Facility
"Adult Entertainment Facility" means a facility where the principal use of the property or a significant or substantial
adjunct to another use of the property is the sale, rental, display or other offering of live entertainment, dancing, or
the making or selling of material that is distinguished or characterized by its emphases on depicting, exhibiting,
describing or relating to sexual activities. This includes, but is not limited to, an adult bookstore, massage parlor,
adult motion picture booth or theater, adult dancing establishment, adult cabaret, or adult arcade.
18.36.030.16. 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 (including utilities other than telephone and cable TV) without spending more than 30 percent of
monthly household income. Income level eligibility threshold levels shall be set using HUD levels for the Seattle
Metropolitan Statistical Area.
18.36.030.17. Agricultural Research Facilities
"Educational or research facilities related to agriculture" means
demonstration of products and processes related to agriculture,
biotechnical agriculture, veterinary, soil, plant and animal sciences.
18.36.030.18. Agricultural Land
"Agricultural land" is defined in BIMC 16.26.
18.36.030.19. Agricultural Operations
"Agricultural operation" is defined in BIMC 16.26.
a facility for the investigation, testing, or
horticulture, or animal husbandry, including
18.36.030.20. Agricultural Processing
The commercial preparation and manufacturing of commodities such as wine or jam using crops or livestock raised
primarily from island farms.
18.36.030.21. 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 inay be supplemented by, Trust for Working Landscapes or
Kitsap County Conservation District-farm plans.
18.36.030.22. Agricultural Special Event
"Agricultural Special event" means activities that are held on farmland and that are desirable but unrelated to
agriculture, such as weddings or parties umrelated to a resident of the property.
18.36.030.23. Agriculture, Crop
All forms of crop-related activities, such as growing crops and processing island-grown crops as part of a farm.
Examples. include grain and vegetable farms, horticulture, greenhouses, orchards, and tree nwseries. Crop
Agriculture does not include Accessory Major or Minor Agricultural Retail or Accessory Agricultural Tourism.
Incidental vegetable gardening and landscaping are accessory uses to residential land use and are not defined as
agriculture..
18.36.030.24. Agriculture, Animal
All forms of activities involving the breeding, care, and/or sheltering of large or small livestock or poultry for sale or
use, or for the sale or use of their products or byproducts, and/or the processing of those products or byproducts as
part of a farm. Animal Agriculture does not include a commercial feedlot. For purposes of this definition, a
Commercial Feedlot is a primary use of land in which more than 20 Large Livestock or more than 40 Small
Livestock (1) are regularly confined for more than 12 hours each day, on average, in an enclosed structw•e or an area
that is not normally used as a grazing area or for growing crops, and (2) are generally fed within that structure or
area by mechanical means or by hand (rather than by grazing) for purposes of fattening for sale or slaughter.
7
Occasional confinement of Large or Small Livestock for more than 12 hours each day or periodic hand or
mechanical feeding during bad weather does not establish a Commercial Feedlot. Incidental keeping of common
pets is an accessory use to residential land use and is not defined as Animal Agriculture.
18.36.030.25. Animal Foster Home
"Animal foster home" means a temporary home with a permit approved by the animal control authority to house
lost, abandoned, or unwanted dogs and cats until an adoptive home is located.
18.36.030.26. Animal Shelter
See BIMC 6.04.010.
18.36.030.27. Antenna
"Antenna" means any system of poles, panels, rods, reflecting discs or similar devices used for the transmission or
reception of radio frequency signals.
A. "Omni-directional antenna" (also known as a "whip" antenna) transmits and receives radio frequency
signals in a 360-degree radial pattern. For the purpose of this chapter, an omni-directional antenna is
up to 1 S feet in height and up to four inches in diameter.
B. "Directional antenna" (also known as a "panel" antenna) transmits and receives radio frequency signals
in a specific directional pattern of less than 360 degrees.
C. "Parabolic antenna" (also known as a "dish" antenna) is a-bowl-shaped device for the reception and/or
transmission of radio frequency communications signals in a specific directional pattern.
18.36.030.28. Artist Studio
"Artist studio" means the workshop of an artist, writer, craftsperson, or photographer, but not a place where
members of the public come to receive instruction on a more than incidental basis or to sit for portraits. An artist's
studio does not include a residence or living unit.
18.36.030.29. Assembly Area
Assembly area means a portion of a facility in which the public or membership gathers for public presentations,
events, education, worship, or civic activities. For purposes of determining. parking requirements, assembly area
does not include portions of a facility with fixed seating -such as an auditorium.
18.36.030.30. Associated Products and/or Activity
"Associated products and/or activity" for the purpose of Agricultural retail and as applied to agricultural uses means
a required agricultural input, product or activity related to the primary crop, product or activity.
18.36.030.31. Attached Wireless Communication Facility
"Attached wireless communication facility" means a wireless communication facility that is affixed to an existing
structure. The existing structure is not considered a component of the attached wireless communications facility.
18.36.030.32. Auto repair Services
"Auto repair services" means the servicing of automobiles, including mechanical servicing and body work.
18.36.030.33. Bed and Breakfast
"Bed and breakfast" means asingle-family residence that is owner-occupied and in which (1) three or more 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. Abed 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. b
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18.36.030.34. Best Management Practices
When used in the context of critical area regulations, "best management practices" are as defined in BIMC 16.20.
(Ord. 92-08 § 2, 1992)When used in the context of agricultural practices, "best management practices" are those
practices defined in BIMC 18.09.030.A.1.b (Use Specific Standards for Agricultural Uses).
18.36.030.35. BIMC
`BIMC" means Bainbridge Island Municipal Code.
18.36.030.36. Boarding Kennel/cattery
"Boarding kennel/cattery" means a kennel or cattery where dogs or cats are boarded or trained for compensation, but
does not include a pet shop, animal shelter, or veterinary hospital where the boarding is incidental to the primary
pm•pose of the facility.
18.36.030.37. Buffer
"Buffer" means space, either landscaped or existing or natural vegetation, intended to reduce the impact of
undesirable sights, sounds, odors, and/or to protect critical areas. Buffers protecting critical areas- shall be as defined
in BIMC 16.20. (Ord. 98-20 § 13, 1998; Ord. 92-08 § 2, 1992)
18.36.030.38. Building
"Building" means any structure having a roof, designed for shelter of persons, animals, or property. (Ord. 2004-12 §
4, 2004: Ord. 2001-41 § 10, 2001: Ord. 92-08 § 2, 1992)
18.36.030.39. Caliper
"Caliper" means a measurement used for deciduous trees. Caliper of a tree trunk shall be taken six inches above the
ground up to and including four-inch caliper size, and 12 inches above the ground for larger tree sizes.
18.36.030.40. Carport
"Carport" means a covered shelter for one or more vehicles that is open on at least two sides
18.36.030.41. Car Wash, Manual or Automatic
"Car Wash, Manual or Automatic" means a facility or area for the cleaning or steam cleaning, washing, polishing, or
waxing of passenger vehicles by machine or hand-operated facilities. A car wash may be: a single unit type that has
a single bay or a group of single bays with each bay to accommodate one vehicle only; or a tunnel type that allows
washing of multiple vehicles in a tandem arrangement while moving through the structure.
18.36.030.42. Cemetery
"Cemetery" means any one of the following in a place actually used for the placement of human remains and
dedicated for that purpose:
A. A tract of land actually used for the burial of hwnan remains in the ground;
B. A mausoleum building or structw•e for the entombment of human remains in crypts, which are
spaces in which human remains are placed; and
C. A columbarium structure, room, or other space in a building or structure containing niches in
which cremated human remains are placed.
18.36.030.43. Certificate of Appropriateness
"Certificate of appropriateness" means the certificate issued by the Historic Preservation Commission pursuant to
BIMC 18.24 upon approval of proposed changes that do not adversely affect the historic characteristics of a property
listed on the local register.
18.36.030.44. Certificate of Review
"Certificate of review" means a certificate representing that the Historic Preservation Commission has reviewed the
proposed changes to a building of historic interest and certified the changes as not adversely affecting the historic
characteristics of the property.
9
18.36.030.45. Certified Local Government
"Certified local government" means a local government that has been certified by the State Historic Preservation
Officer and the National Park Service as having established its own historic preservation commission and program
that meets federal and state standards.
18.36.030.46. Circle Template
"Circle Template" means the template used to measure lot width. Lot width is determined by the diameter of the
biggest circle that can fit entirely inside the lot boundary line.
18.36.030.47. Cistern
"Cistern" is a receptacle for holding water or other liquid, especially a tank for catching and storing rainwater.
18.36.030.48. Clearing
"Clearing" means the destruction or removal of vegetation by manual, mechanical, or chemical methods.
18.36.030.49. 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.
18.36.030.50. Co-location
"Co-location" means the location of more than one wireless communications provider mounts equipment on a single
support structure.
18.36.030.51. Commerrcial Amuserre,jts
"Commercial amusements" means a video arcade, electronic game center, pool hall, dance hall, paintball center, a
virtual reality arcade and similar uses.
18.36.030.52. Commercial Moving and Freight Terminal
A facility in which freight or goods are assembled for loading onto a vehicle for h•ansfer to another location in return
for a fee.
18.36.030.53. Commercial Parking, Surface
"Commercial parking, surface" means the ownership, lease, operation, or management of a commercial surface
parking lot in which fees are charged.
18.36.030.54. Commercial Parking, Structure
"Commercial parking,. structure" means the ownership; lease, operation, or management of an above-ground or
below-ground commercial parking structure in which fees are charged.
38.36.030.55. Commercial tJse
"Commercial use" means the providing of goods or services for compensation.
18.36.030.56. Community Garden
"Community Garden" means a facility or area for cultivation of fruits, flowers, vegetables, or• ornamental plants by
more than one person or family.
18.36.030.57. Commuter-Oriented Retail Sales
"Commuter-oriented retail sales" means retail services and certain personal and professional services, offered
primarily to ferry commuters, open during peak commute hours. Examples ofcommuter-oriented retail sales include
coffee bar, newspaper stand, florist, drop-off dry cleaners, shoe repair, automatic teller machines and other uses that
require a short visit.
10
18.36.030.58. 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)
18.36.030.59. 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)
18.36.030.60. Consent
When used in connection with historic preservation, "consent" means informed consent, and in the case of
nominations or designations for listing on the register shall mean consent given after receipt of information
prescribed in the commission's rules that will inform the property owner of the practical and legal effect of
nominating or designating the property for listing on the register.
18.36.030.61. Cultural Facility
"Cultural facility" means a library, museum, art gallery, cultural center, community center (such as a community
kitchen), convention center, exhibition hall, or meditation facility. Cultural facility does not include an artist studio.
18.36.030.62. Custom Operators
"Custom Operators" means an enterprise in which a contractor or other operator agrees to perform all or some
machine operations, providing equipment and labor, for production and related activities on agricultural sites in
exchange for a payment or a payment along with a percentage of profits. Field operations performed by a custom
operator may include field preparation, planting, cultivating,. harvesting, tilling, haymaking, bush hogging, crop
storage, hauling, fencing, and barn construction.
18.36.030.63. Cut-off Angle
"Cut-off angle" (of a luminary) means the angle, measured from the lowest point between a vertical line from the
center of the lamp extended to the ground and the first line of sight at which the bare source is not visible.
18.36.030.64. Day Care Center
"Day Care Centel" means a building or structure in which an agency, person, or persons regularly provide care for
l3 or more people in any 24-how' period and could include a public or private school.
18.36.030.65. Defining Ingredient
"Defining ingredient" means the part or component that describes the distinguishing characteristic of a product.
(Ord. 2004-1 l § 2, 2004)
18.36.030.66. Department
"Department" means the city's deparmnent of planning and community development. (Ord. 92-08 § 2, 1992)
18.36.030.67. Development Rights
"Development rights" means the potential for the improvement of real prope~Ty, 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)
18.36.030.68. Diameter/Diameter-Breast-Height
When used in connection with trees, "Diameter/diameter -breast -height" means the diameter of a tree trunk
measured at four feet above average grade.
18.36.030.69. 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)
11
18.36.030.70. Disabled Person or Handicapped Person
A "disabled" or "handicapped" person is one who meets the definition of a handicapped person in the federal Fair
Housing Act Amendments of 1988, as amended.
18.36.030.71. Domestic Animal
"Domestic animal" means cats, dogs, rabbits and other small animals commonly kept as pets in the city.
18.36.030.72. 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.
18.36.030.73. Drought Resistant Plants
"Drought resistant plants" means plant material once established can survive with little or no water other than that
from annual rainfall.
18.36.030.74. 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. A facility for sleeping is a habitable room large enough for a couch, bed or cot. A closet in the room is not
necessary for the room to be considered a bedroom. Provisions for sanitation mean that bathing facilities are
provided, e.g.,~ a shower or a tub. A toilet and sink in a room is not considered bathing facilities. A kitchen is
necessary to provide facilities for eating (see definition of kitchen).
18.36.030.75. Dwelling, Single-Family
"Single-family dwelling" means a structure containing one dwelling unit on one ]ot and having a permanent
foundation, and includes Factory-Built Homes and Manufactured Homes.
18.36.030.76. Educational Facilities
"Educational Facilities" means a public or 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 of those facilities, 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.
18.36.030.77. Egg Laying Facility
A form of Animal Agriculture in which more than 200 poultry are confined indoors or outdoors for feeding purposes
and where the space per animal is less than two square feet.
18.36.030.78. Emergency Repair
"Emergency repair" means work necessary to prevent the destruction or dilapidation of buildings, objects, sites and
structw-es that are immediately threatened or have been damaged by fire, flood, earthquake or other disaster.
18.36.030.79. Emergency Repair for Historic Buildings
"Emergency repair for historic buildings" means work necessary to prevent destruction or dilapidation of a building
of historic interest immediately threatened or damaged by fire, flood, earthquake or other disaster.
18.36.030.80. Entertainment Facility
"Entertainment facility" means a performing arts theater, or cinema, concert venue, or circus/festival; venue not
included in the definition of Recreation Activities, Outdoor, and Recreation Activities, Indoor, "Entertainment
facility" does not include adult-oriented entertainment facilities.
12
18.36.030.8]. Equestrian Facilities
"Equest~•ian facility" means a facility designed and intended for the display of equestrian skills and the hosting of
events including, but not limited to, show jumping, dressage, and similar events of other equestrian disciplines.
18.36.030.82. Equipment Shelter
"Equipment shelter" or "cabinet" means a room, cabinet or building used to house equipment for utility or service
providers.
18.36.030.83. Established Vegetation
"Established vegetation" means mature trees and shrubs.
18.36.030.84. 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 pe~•manent 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.
18.36.030.85. Family
"Family" means one or more persons (but not more than five umrelated persons) living together as a single
housekeeping unit. For purposes of this definition and notwithstanding any other provision of this Code, persons
with familial status within the meaning of Title 42 United States Code, Section 3602(k) and persons with handicaps
with the meaning of Title 42 United States Code, Section 3602(h) and RCW 35A.63.240 will not be counted as
unrelated persons. "Adult family homes" as defined by RCW 70.128.175 shall be included within this definition of
"family." Facilities housing individuals who are incarcerated as the result of a conviction or other court order shall
not be included within this definition of "family."
18.36.030.86. Family Day Care Home
"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.
18.36.030.87. Farm Stand
"Farm stand" means a form of agricultural retail use that includes an accessory structure or land used for the sale, by
the owner or his family or tenant, of agricultural or horticultural produce, livestock or merchandise principally
produced on that farm, but may include produce grown on other farms and accessory products, and that is clearly a
secondary use of the premises and does not change the character of the premises. It also may include a central place
where farmers can deliver products for pick-up by consumers but not a wholesale distribution center.
18.36.030.88. Fixture
When used in connection with lighting, "Fixtw•e" (also called a "luminaire") means a complete lighting wait
including the lamps, together with the parts required to distribute the light, to position and protect the lamps, and to
connect the lamps to the power supply.
18.36.030.89. Flag Lot
"Flag lot" means a lot of a panhandle configw-ation where the panhandle connects the main body of the lot to a road
or street. (Ord. 92-08 § 2, 1992)
13
18.36.030.90. Food Service Establishment
"Food service establishment" means a building, or portion thereof, containing tables and/or booths, which is
designed, intended and used for the indoor sales and consumption of food prepared on the premises, for employees
of businesses within the development. The term "food service establishment" shall not include "restaurant",
"formula take-out food restaurant", or "drive-through business."
18.36.030.91. Foot-Candle
"Foot-candle" means a measure of illuminance or a measure of how bright a light appears to the eye. One foot-
candle is equal to one Iwnen/ft2. As an example, a typical 60-watt incandescent lamp (840 lwnens) produces an
illuminance of 0.1 foot-candles at a distance of about 25 feet.
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
primarily in disposable containers.
18.36.030.92. Forestry
"Forestry" means any activity conducted on or directly pertaining to forest land and relating to growing, harvesting,
or processing timber, including but not limited to: Road and trail construction; harvesting, final and intermediate;
precommercial thinning; reforestation; fertilization; prevention and suppression of diseases and insects; salvage of
trees; and bj•ush control. "Forestry" shall 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 that cannot normally be expected to result in damage to forest soils, timber or public resources.
18.36.030,93. Foster Care
"Foster care" means 24-hour per day temporary substitute care for the child placed away from the child's parents or
guardians and for whom the department or a licensed or certified child placing agency has placement and care
responsibility. This includes but is not limited to placements in foster family homes, foster homes of relatives,
licensed group homes, emergency shelters, staffed residential facilities, and preadoptive homes, regardless of
whether the department licenses the home or facility and/or makes payments for care of the child.
18.36.030.94. Foster Home
"Foster home" means person(s) regularly providing foster care on a 24-hour basis to one or more children in the
person's home.
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.
18.36.030.95. Gasoline Service Station
"Gasoline service station" means a retail business where gasoline or other automotive fuel is sold.
18.36.030.96. Geological Hazard
"Geological Hazard" shall have the meaning defined in BIMC 16.20.030.A.20.
18.36.030.97. Governmental Facility
"Governmental facility" means an institution operated by a federal, state, county, or city government, or special
purpose districts.
18.36.030.98. Grazing Area
Any open land area used to pasture livestock in which suitable forage is maintained over 80% of the area at all times
of the year.
14
18.36.030.99. Greenhouse
"Greenhouse" means an establishment where flowers, shrubs, vegetable, trees, and other horticultural floricultural
products are grown both in open and enclosed buildings.
18.36.030.100. Greenway
"Greenway" means a system of land areas and connector links. Land areas include but are not limited to: large open
areas, public lands, faun lands, critical areas, forests, shoreline areas, and parks. The features of the connector links
include: trail systems, riparian .areas, visual or scenic views of ridgelines, wildlife corridors or any combination of
these.
18.36.030.101. 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 fi-om 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, prisons, or Healthcare Facilities. This use also includes facilities that would meet the definition of a
Small Group Living Facility except that they house more than six residents (not including caregivers).
18.36.030.]02. 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.
18.36.030.103. 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.
18.36.030.104. Hazardous Waste
"Hazardous waste" means and includes all dangerous and extremely hazardous waste as specified in RCW
70.105.010.
18.36.030.105. Hazardous Waste Storage
"Hazardous waste storage" means the holding of dangerous waste for a temporary period. Accwnulation 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.
18.36.030.106. Hazardous Waste Treatment
"Hazardous waste treatment" means the physical, chemical, or biological processing of dangerous waste to make
such wastes non-dangerous or less dangerous, safer for transport, amenable for energy or material resource recovery,
amenable for storage or reduced in volume.
18.36.030.]07: Hazardous Waste Treatment and Storage, Off-site
"Off-site hazardous waste tr-eatrnent 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.
18.36.030.]08. 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.
18.36.030.109. Health Care Facility
"Health care facility" means a building or buildings used for human health care.
15
18.36.030.110. 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.
18.36.030.111. Heavy Equipment Storage Area
"Heavy equipment storage area" means a place where two or more items of heavy equipment are stored.
18.36.030.112. Heavy Use Area
Any portion of a property (a) where frequent concentl•ations and passage of Large Livestock or Small Livestock or
the accumulation of animal waste prevents the growth of grass and the prevailing ground is generally one of bare
ground or mud.
18.36.030.113. Historic District
uH1Ct(lrlf: (jiCfi'1 (`.t~~ meNnS a aan trranhira n~i ul@fnahl@ "tailii"" •" •~`^^"'* *«., ~: ,..., t:...l.,.
b••••b,...l.........,,) u.vu ~.vai iib a sibmlll.ulll cVnl.cllU atl Vll, I1l1HQge, of
continuity of sites, buildings, structu~•es, and/or objects united by past events o~• aesthetically by plan or physical
development, and that has been designated as a Historic District by the City.
18.36.030.114. Historic Preservation Commission
"Historic preservation commission" or "commission" means the commission created pursuant to BIMC 18.24 and
governed by that chapter.
18.36.030.115. Historic Property
"Historic property" means real property together with improvements on the property (except property listed in a
register primarily for objects buried below ground) that is listed in a local or uatiunal register.
18.36.030.116. Historic Significance
"Historical significance" means something that is important or helpful in the understanding of the history of the
local area, state or nation by illuminating the local, statewide, or nationwide impact of the events or persons
associated with the property, or the property's architectural type or style.
18.36.030.117. 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. Home occupation does not include daycare centers, genet•al retail sales,
restaurants or other eating and drinking establishments, adult entertainment facilities, funeral chapels or mortuaries,
storage of flammable liquids or hazardous materials beyond that normally associated with residential use, sale or
rental of adult materials, or heavy machinery storage not part of an agricultural use.
A. "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 rent no more than two rooms to transient visitors shall be considered a minor
home occupation.
B. "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. Ivlajoa• home occupations
include, but are not limited to the following: Home occupations that do not meet all the criteria for
minor home occupations; auto repairing, vehicle detailing, and vehicle, boat, or trailer painting
and major appliance repair; and commercial welding and machine shops.
18.36.030.118. Hotel
b ~
wh@r@ Sl€@pm~assAmmedxtferrS; ~Ph~~3=-~W#~-cal- wikh^Yi "'°ais, ^ =t"~faelht~@S fef=-p3'€par3n~ th@ Saln@; ac
b o
b b
"Hotel".means a building or group of buildings containing west rooms where for compensation lod~in~ is
provided for transient visitors. A hotel or motel may contain one or more restaurants any buildine that is held out
16
to the public to be an inn motel hotel or public lodging house or place where sleeping accommodations whether
with or without meals or the facilities for preparing the same are furnished for hire to transient guests in which
three or more rooms are used for the accommodation of such Quests. A hotel or mote( is not abed-and-breakfast
lod ink or inn as defined and regulated elsewhere in this Code. Short-term rental (less than 30 days at a time) of a
single-familyresidence does not constitute a hotel.
18.36.030.119. Industrial Wastewater
"Industrial wastewater" includes wastewater resulting from (a) any process of industry, manufacture, trade or
business; (b) the development of any natural resource; or (c) the washing of equipment and vehicles, or similar
activities. Storm water runoff and runoff from the watering of landscaping is not included.
18.36.030.120. In n
"Inn" means a buildin~or group of buildings containing up to IS Guest rooms where, for compensation, lodging is
provided for transient visitors An inn maX contain a kitchen and/or dining room for serving meals to its guests.
Individual rooms may include abar-type sink and under-counter refrigerator but may not include a full sink full-
sized refrigerator or cooking ranee An inn is not a hotel motel or bed and breakfast lodging as defined and
regulated elsewhere in this title.
18.36.030.121. .Kennel
"Kennel" means a place where three or more adult domestic animals are kept commercially, generally overnight. A
commercial kennel is considered a professional service under this title and is maintained to board, breed ortreat the
animals for profit and shall exclude pet shops and agriculture. This use includes a boarding kennel/cattery, animal
shelter, or animal foster home.
18.36.030.122. Kitchen
A kitchen is a place where food is cooked or prepared and contains the facilities and equipment use in preparing and
serving food, such as: a gas or electric range or oven (a free-standing burner, warming oven or microwave is not
considered a range or oven); a kitchen sink (a bar or hand sink is not considered a kitchen sink); refrigerator/freezer
(an upright refrigerator or freezer that fits under a counter, such as the type often found in offices, is not sufficient
for a kitchen in a dwelling);.kitchen cabinets (a small base cabinet use to support the bar or hand sink and provide
minimum storage is not sufficient for a kitchen in a dwelling); OR electric outlet for 220 voltage and/or plumbing or
standpipes for equipment and facilities normally found in a kitchen.
18.36.030.123. Lamp
"Lamp" means the light-producing source installed in the socket portion of a luminaire.
18.36.030.124. 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 this Title or the
Administrative Manual. (Ord. 92-08 § 2, 1992)
18.36.030.125. Landscape Perimeter Averaging
"Landscape perimeter averaging".means a method that allows required landscape perimeters to be reduced to a
minimum dimension and cluster plants to areas within the perimeter that provides denser screening adjacent to
structures and parking areas, and allows lesser screening in areas where there are no structures and parking areas..
Landscape perimeter averaging is also allowed to retain significant trees and tree stands located within the
perimeters. The total required landscape perimeter dimension square footage must be achieved.
18.36.030.126. Lattice Tower
"Lattice tower" means a wireless communication support st~•ucture that consists of metal crossed strips or bars to
support antennas and related equipment.
17
18.36.030.127. Light Pollution
"Light pollution" means general sky glow caused by the scattering of artificial light in the atmosphere and resulting
in decreased ability to see the natural night sky.
18.36.030.]28. Light Trespass
"Light trespass" means any light emitted by an outdoor luminaire that shines directly beyond the property on which
the luminaire is installed, or indirectly shines beyond the property on which the luminaire is installed at a brightness
(illuminance) that exceeds 0.1 foot-candles at the property line.
18.36.030.129. Livestock
"Livestock" means horses, camelids, bovine animals, sheep, goats, swine, reindeer, donkeys, mules and any hoofed
animal.
18.36.030.130. Livestock; Large
Livestock generaiiy weighing over 500 pounds, such as cattle and 'horses.
18.36.030.131. Livestock, Small
Livestock weighing under 500 pounds, such as poultry, sheep, goats, miniature horses, llamas, alpacas, reindeer,
donkeys, mules, and hogs, but excluding pigs weighing under 120 pounds and standing 20 inches or less at the
shoulder that are kept as household pets.
18.36.030.132. Local Historic inventory
"Local historic inventory" or "inventory" means the comprehensive inventory of the historic resources located
within the city's boundaries, which is established and maintained by the commission.
1_$,36.030.133. Local Register of Historic Places
"Local register of historic places" or "local register" or "register" means the list of historic properties within the city
established pursuant to BIMC 18.24.030.
18.36.030.134. Lot
"Lot" means a platted or unplatted parcel or tract of land. (Ord. 92-08 § 2, 1992)
18.36.030.135. Lot, Corner
"Corner lot" means a lot bounded on adjacent sides by streets. (Ord. 92-08 § 2, 1.992)
18.36.030.136. Lot Line, Front
"Front lot line" means the lot line abutting any street. (Ord. 92-08 § 2, 1992)
18.36.030.137. 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)
18.36.030.138. Lot Line, Side
"Side lot line" means any .lot line that is neither a front or rear lot line. (Ord. 92-08 § 2,1992)
18.36.030.]39. Lot, Standard
"Standard Lot" means a conforming or nonconforming lot created through some means other than the flex-lot
process.
18.36.030.140. 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
18.36.030.141. Luminaire
See "Fixtw-e"
18.36.030.142. 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.
18.36.030.143. Manufacturing, Light
"Manufactw•ing, light" means businesses located within a .building and involving assembling, distributing
fabricating, manufacturing, packaging, printing, processing, publishing, recycling, repairing, servicing, storing, or
wholesaling of goods or products.
18.36.030.144. Manufacturing, General
"Manufacturing, general" means any principally permitted use whose operations is predominantly out of doors
rather than completely enclosed within a building. These uses include, but are not limited to, outdoor assembly
businesses, equipment and vehicle yards, and outdoor recycling facilities.
18.36.030.145. Manufacturing, Small-Scale
"Manufacturing, small-scale" means a business that includes small-scale assembly, small-scale processing or other
activities such as food processing, machine shops, wood shops, and electronic parts assembly; provided that the use
does not adversely impact the neighborhood through noise, odor, lighting, fire safety and transportation:
18.36.030.146. Mature Trees and Shrubs
"Mature trees and shrubs" means Significant Trees as defined in BIMC 18.36 and/or native shrubs, ferns and forbs
established at a density that provides a predominately continuous cover.
18.36.030.147. Mature Vegetation on Ridgelines
"Mature vegetation on ridgelines" means existing Significant Trees as defined in BIMC 18.36 located on those
dominant natural topographic features that are prominently visible fi-om off-site public rights-of--way and lands.
18.36.030.148. Maximum Extent Feasible
"Maximum extent feasible" means no feasible and prudent alternative exists and that all possible efforts to comply
with the regulation or minimize potential harm or adverse impacts have been undertaken. Economic consideration
may be taken into account but shall not be the overriding factor in determining "maximum extent feasible."
18.36.030.149. Median Household Income
"Median household income" means the amount calculated and published by the United States Department of
Housing and Urban Development ("I-IUD") 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)
18.36.030.150. Mining and Quarrying
"Mining and Quarrying" means operations and extracting activities, and generally include the screening, sorting, and
piling of rock, sand, stone, gravel, or ore. For example, an operation that extracts rock, then screens, sorts, and with
no further processing places the rock into piles for sale, is an extracting operation. This definition is intended to be
consistent with the definitions in RCW 78.44.031(17), and in case of an inconsistency the provisions of RCW
78.44.031(17) shall govern.
19
A. The crushing and/or blending of rock, sand, stone, gravel, or ore are manufacturing activities.
These are manufacturing activities whether or not the materials were previously screened or
sorted.
B. Screening, sorting, piling, or washing of the material, when the activity takes place in conjunction
with crushing or blending at the site where the materials are taken or produced, is considered. a
part of the manufacturing operation if it takes place after the first screen. If there is no separate
first screen, only those activities subsequent to the materials being deposited into the screen are
considered a part of the manufacturing operation.
18.36.030.151. .Mobile Retail Food Establishment
"Mobile retail food establishment" means a retail food establishment that is operated from a movable vehicle or
other portable structure, and that routinely changes location, except that if the establishment operates from any one
location for more than thirty consecutive days, the establishment is no longer a mobile retail food establishment.. A
mobile retail establishment shall not be considered a personal service.
18.36.030.152. Monopole
"Monopole" means a wireless communication facility that consists of a support structure, .the height of which shall
not exceed 120 feet in height not including antennas.
18.36.030.153. Motor Vehicle Sales Lot
"Motor vehicle sales lot" means any land or buildings used primarily for the sale of new or used motor vehicles fit
for transportation.
18.36.030.154. Multifamily Development
"Multifamily development" means a building or portion of a building containing two or more dwelling units or more
than one dwelling unit on one lot, including multiple living units on a single parcel sharing kitchen facilities, not
including accessory dwelling units. Multifamily development also includes a mobile home park.
18.36.030:155. National Register of Historic Places
"National Register of Historic Places" or "National Register" means the national listing of historically significant
properties, established pw•suant to 16 USC Section 470a.
18.36.030.156. Native Forest
"Native forest" means mature trees and shrubs consisting of native trees and plants.
18.36.030.157. Native Species
"Native species" means tree, shrub, or ground cover species which occur or live naturally in the Puget Sound region.
18.36.030.158. Native Vegetation
"Native vegetation" means tree, shrub, or ground cover species that occur or live naturally in the Puget Sound
region.
18.36.030.159. Non-commuter ferry parking
"Non-commuter 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).
18.36.030.1.60. 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)
20
18.36.030.161. 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)
18.36.030.162. 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 to this
title. (Ord. 92-08 § 2, 1992)
18.36.030.163. Nursery
"Nursery" means an agricultural/commercial enterprise where plants and accessory products are sold on a retail
basis. Twenty-five percent (25%) of the gross sales receipts of the commercial nursery must be derived from plants
produced on site; or twenty-five (25%) of the area designated as a commercial nursery shall be dedicated to the
cultivation of plants to be sold on-site.
18.36.030.164. Object
When used in connection with historic preservation, "object" means a thing of functional, aesthetic, cultural,
historical, or scientific value that may, by nature or design, be movable yet related to a specific setting or
environment.
18.36.030.165. Off-Site Views
"Off-site views" or "views from off-site" mean existing scenic views of forests, mountains, farms, meadows or
marine waters into and across a parcel of land where a subdivision is proposed or such views from a public roadway.
18.36.030.166. Open-Air Sales for Garden Supplies
"Open-air sales for garden supplies" means any person, firm or corporation offering .the sale of garden tools,
equipment, and supplies operated in conjunction with a nursery and/or tree farm where the plant materials sold are
limited to those grown on the premises at anon-permanent location by exhibiting, displaying, selling, or offering for
sale such products.
18.36.030.167. 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, protecting potable water and waterways that flow
into Puget Sound, and providing park and recreation opportunities, and enhancing aquifer recharge. 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
subtriittal.
18.36.030.168. Orchard
"Orchard" means an area of land devoted to the cultivation of fi-uit or nut trees.
18.36.030.169. 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)
18.36.030.170. Ordinary Repair and Maintenance
"Ordinary repair and maintenance" means work the purpose of which is to correct the deterioration of real property
or an improvement located on real property.
21
18.36.030.171. Ordinary Repair and Maintenance for Historic Buildings
"Ordinary repair and maintenance for historic buildings" means work for which a permit issued by the city is not
required by law, and where the work does not alter the exterior of a building of historic interest.
18.36.030.172. 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 manufactul•e, and auto wrecking yards. Temporary outdoor sales displays less than 100 sq.
ft. 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.
18.36.030.173. 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)
18.36.030.174. Owner
"Owner" means the party or parties having the fee interest in land.
18.36.030.175. Partitt-Waterfront Area
"Parfitt-Waterfront Area" is defined as that area south of the boundary created by the following parcels and streets;
starting at the northern property line of 272502-4-1130-2000; proceeding eastward along Blue Drive to its .western
intersection with Brien Drive; proceeding eastward along Brien Drive to its intersection with Bjune and Shannon
Drives; and proceeding southward along Shannon Drive to the south property line of 4114-005-001-0003; and
proceeding eastward to Winslow Ravine.
18.36.030.176. Parlc, 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.
18.36.030.177. Parlc, Passive Recreation
"Passive recreation park" means a park where the primary uses are hiking, bird. watching, picnicking, and other ]ow
impact activities.
18.36.030.178. Park and Ride Facility/Lot
"Park and ride facility/lot" 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 ] 8.85 BIMC,
Landscape Requirements.
18.36.030.179.. Park and Ride Lot, Shared-use
"Shared-use park and ride lot" 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 beyohd maintenance, signage and striping normally conducted by Kitsap Transit for this purpose.
18.36.030.180. Parking Lot
"Parking lot" means an area intended to accommodate parked vehicles for a fee or not accessory to single-family
residences.
18.36.030.18]. 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 sheet.
22
18.36.030.182. Pasture
"Pasture" means land used primarily for grazing by domesticated animals.
18.36.030.183. Pedestrian Orientation
"Pedestrian orientation" means that the location and access to structures, site configw•ation 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)
18.36.030.184. Perimeter Landscaping
"Landscape perimeter" means a landscape buffer located along a subdivision boundary. The landscape perimeter
may contain established native vegetation or additional landscaping.
18.36.030.185. Permanent Foundation
"Permanent foundation" means a foundation consh•ucted in compliance with the standards of the International
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)
18.36.030.186. Personal Service
"Personal service" means an establishment that provides on-site service(s) in a non-office environment including,
but not limited to, beauty shops, shoe repair, laundry, dry cleaning services, animal care services, and tanning
salons. Auto repair and body shops are not included under this definition.
18.36.030.187. Planning Commission
"Planning commission" means the Bainbridge Island Planning Commission, as described in BIMC 2.14.020.
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-] I § 2, 2004)
18.36.030.188. Primarily Island grown
"Primarily Island grown," for the purposes of on-site, yeara•ound 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.
18.36.030.189. Principal Building
"Principal building" means the building that houses a principal use on a lot, and to which all other buildings on the
same lot are accessory. (Ord. 2004-12 § 6, 2004)
18.36.030.190. Principal Building, Adjacent
"Adjacent principal building" means. a principal building located on a lot abutting the applicant's lot. (Ord. 92-08 §
2, 1992)
18.36.030.191. 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)
18.36.030.192. 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) A lot or building may have only one principal use.
18.36.030.193. Professional Service
"Professional service" means a business or agency that pzovides 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. Professional service does not include a healthcare clinic.
23
18.36.030.194. Proposed Site Plan
"Proposed site plan" means a drawing of a site plan submitted for review city staff members.
18.36.030.195. Protection Zone
When used in connection with trees, "Protection zone" means the zone at grade level located directly below the
canopy and within the dripline
18.36.030.196. 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.
18.36.030.197. Public Safety CommunicationsTower
"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.
18.36.030.198. Raingarden/Swale
"Raingarden/Swale" means a ground level sited design feature designed to detain rainwater for infiltration and reuse
consistent with water rights laws.
18.36.030.199. Rainwater Harvesting Barrels
"Rainwater Harvesting Barrels" means a barrel designed for the on-site harvest and storage of rainwater used to
offset the potable water needs for a building and/or landscape.
18.36.030.200. Recreation Activities, Indoor
"Indoor recreation activities" means gymnasiums not accessory to an education institution, racket clubs, sports
arenas, and similar uses.
18.36.030.201. Recreation Activities, Outdoor
"Outdoor recreation activities" means golf courses, marinas, tennis courts, yacht clubs, athletic fields, swimming
beaches, outdoor pools, and similar uses.
]8.36.030.202. Recreational Vehicle
"Recreational vehicle" means a vehicle, such as a motorhome, 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.
18.36.030.203. Recycling Center
"Recycling center" means a neighborhood or city-wide collection point for small refuse items, such as bottles and
newspapers, located either in a container or a small structure.
18.36.030.204. Rehabilitation
"Rehabilitation" is the process of returning a property to a state that makes contemporary use possible, while still
preserving those portions of the properrty that are. significant to its historical, architectural and cultural values.
18.36.030.205. Related Equipment
"Related equipment" means all equipment ancillary to the transmission and reception of voice and data via radio
frequencies. Such equipment may include, but is not limited to, cable, conduit and connectors.
24
18.36.030.206. Religious Facility
"Religious Facility" means a facility that operates for the advancement of a theological philosophy and the practices
and rituals associated with the beliefs; faith, or creed of a chw•ch, religious society, congregation, or religious
denomination,-when such practices or rituals are legal.
18.36.030.207. Research and Development
"Research and development" means businesses that include, but are not limited to laboratories for scientific research
testing and experimental development that can be performed with minimal adverse impact on, and pose no special
hazard to, the environment and the community
18.36.030.208. Restaurant
"Restaurant" means a restaurant or cafe (excluding formula take-out food restam•ant) that sells prepared food or
beverages and also offers accommodations for consuming the food or beverage on premises.
18.36.030.209. Retail sales
"Retail sales" means selling goods or commodities to final consumers. Retail sales do not include a "restaw•ant" or
"formula take-out food restaurant."
18.36.030.210. Rezone
"Rezone" means changing the designated zoning of a particular lot or area. (Ord. 92-08 § 2, 1992)
18.36.030.211. Screen
When used in connection with landscaping, "screen" means a system of vegetation to provide varying degrees of
visual separation between land uses and site development.
18.36.030.2]2. 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.
18.36.030.213. Setback
"Setback" means space that is required to be left open and unoccupied between the nearest projection of a structure
and the property line of the lot on which the structure is located, and that are required to remain unobstructed from
the ground to the sky except for modifications to setbacks and height listed in Table 18.12.040.A.
18.36.030.214. Septic Drainfield
"Septic drainfield" means the subsurface systems and areas of land that recycles human wastewater, allowing soils
and microorganisms to clean wastewater before returning to the hydrologic cycle. Active septic drainfields are those
which are being actively used. Reserved drainfields are those reserved for future use.
18.36.030.215. Shared Car
"Shared Car" means a car provided through a formal shared car membership program for use by members of the
program in return for a fee.
18.36.030.216. Shielding
When used in connection with lighting, "shielding" means that no light rays are emitted by a fixture above the
horizontal plane Funning throughthe lowest point of the fixture.
18.36:030.2]7. SHPO
"SHPO" means the State Historic Preservation Officer appointed pursuant to 16 USC Section 470a(b)(1)(A).
]8.36.030.2]8. Significant Tree
"Significant tree" means: (a) an evergreen h•ee 10 inches in diameter or greater, measured four and a half feet above
existing grade; or (b) a deciduous tree 12 inches in diameter or greater, measured four and a half feet above existing
25
grade; or (c) all trees located within a required critical area buffer as defined in BIMC 16.20, or (d) all trees within
the native vegetation zone or buffer.
18.36.030.219. Site
When used in connection with historic preservation, "site" means a place where a significant event or pattern of
events occurred. It may be a location of prehistoric or historic occupation or activities that may be marked by
physical remains or it may be the symbolic focus of a significant event or pattern of events, although not actively
occupied. A site may be the location of ruined or now nonexistent building or structw-e if the location itself
possesses historic, cultural or archaeological significance.
18.36.030.220. Small Engine Repair
"Small engine repair" means an establishment that is involved with the maintenance and repair of low-power
internal combustion engines (gasoline/petrol) or electric engines. This includes, but is not limited to, chain saws,
string trimmers, leaf blowers, snow blowers, lawn mowers, wood chippers, go-karts and sometimes more powerful
P.II (T11lPC 11CPlt 1T1 nnthnarrl mntnrc enmxrm r~hilac nrl mntnrnvnloc
---a----.. _..-- --- .,~..,.,» ... ............ .............~...,.,, a........,~.,~.,y.,,..~.
18.36.030.221. Small Group Living Facility
"Small Group Living. Facility" means a facility providing personal care services, occasional nursing services, and
medication administration services to a resident housed in a private apartment-like or dwelling-like unit containing
not more than six residents (not including caregivers). Residents in a Small Group Living Facility may include
persons from any group protected by the federal Fair Housing Act Amendments, and the Small Group Living
Facility use is intended to serve as one form of reasonable accommodation under those Amendments. A Small
Group~Living Facility does not include a facility for treatment of any person actively using drugs or alcohol, but
does include facilities for those in a recovery program who are no longer actively using those substances. A Small
Croup 1,iving Facility does not include a facility or half-way house for convicted felons or for those persons under
the jurisdiction of the criminal justice system.
18.36.030.222. Small Wind Energy Generator
"Small Wind Energy Generator" means a wind energy generator designed to generate no more than lOKw of
energy.
18.36.030:223. Solar Panel
A single panel or combination of panels or elements that does or will use direct sunlight as a source of energy for
such purposes as heating or cooling of a structure, heating or pumping of water, and generating electricity. Solar
panels include both photovoltaic and hot water devices.
18.36.030.224. Special Valuation
When used in connection with historic preservation, "Special valuation" means the local- option program provided
for in Chapter 84.26 RCW that, when implemented, makes available to property owners a special tax valuation for
rehabilitation of an historic property.
18.36.030.225. Spotlight
"Spotlight" means any lamp that incorporates a reflector or a refractor to concentrate the light output into a directed
beam in a particular direction. (Ord. 2003-22 § 25, 2003; Ord. 2002-IS ~ 1, 2002)
18.36.030.226. Stable
A facility for the keeping of horses for persons other than the residents of the lot, although resident's horses may
also be kept in the same facility.
18.36.030.227. State Register of Historic Places
"State Register of Historic Places" or "State Register" means the state listing of properties significant to the
community, state or natjon but that do not meet.the criteria of the national register.
26
18.36._030.228. State Review Board
When used in connection with historic preservation, "State Review Board" means the advisory council on historic
preservation established pursuant to Chapter 27.34 RCW, or any successor agency designated by the state to act as
the State Historic Presewation Review Board under federal law.
18.36.030.229. Story
When used in connection with building or structure dimensional standards, "story" shall be defined as it s in the
International Building Code.
18.36.030.230. Street
"Street" means a public way of travel that affords the principal means of access to abutting properties or a private
way of travel that affords the principal means of access to four or more lots or to property that is, under existing
laws, capable of division into four or more lots. (Ord. 92-08 § 2, 1992)
18.36.030.231.. 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 BIMC 18.09.030.F.1, does not
include wireless communications facilities. (Ord. 97-14 § 2, 1997; Ord. 92-08 § 2, 1992)
18.36.030.232. 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.
18.36.030.233. Subordinate Retail Activity
"Subordinate retail activity" with respect to agricultural use 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.
18.36.030.234. Tavern
"Tavern" means an establishment that sells beer or wine for. on-premises conswnption under a B class license as
defined by the Washington State Liquor Control Board.
18.36.030.235. Temporary Construction Building
"Temporary Construction Building" means a temporary trailer or structure used as a construction shed or tool house
for contractors and construction workers on the site of the construction. This includes construction living quarters,
which is a manufactured home or recreational vehicle for use by an owner or builder during construction of a
dwelling unit on the site of construction.
18.36.030.236. Temporary Container Storage
"Temporary Container Storage" means transportable units designed and used primarily -for temporary storage of
building materials, household goods, personal items and other materials for use on a limited basis ou residential
P~'oPertY•
18.36.030.237. Temporary Contractor Parking Lot
"Temporary Contractor Parking Lot" means a lot established to accommodate parking of vehicles for construction-
related workers or for business employees displaced by on-site construction activities.
18.36.030.238. Temporary Public Event or Gathering
"Temporary Public Event or Gathering" means a public event gathering that is temporary because of its nature (e.g.,
related to a holiday, or dependent on good weather.) These uses include, but are not limited to, fairs, festivals,
carnivals, or parades. This use does not include an "agricultural special event" as defined elsewhere in this chapter.
27
18.36.030.239. Temporary Seasonal Sales
"Temporary Seasonal Sales" means a use that is temporary because of the nature of the product or service (e.g.,
related to a holiday, or dependent on good weather.) Seasonal sales include, for example, the sale of Christmas trees
during the winter holiday season and spring and summertime sale of plant and garden supplieshnaterials.
18.36.030.240. Transport and llelivery Services
"Transport and Delivery Services" means a use for the transport and delivery of goods, people, and services. These
uses include, but are not limited to taxi sewices, Meals-on-Wheels-type food delivery services, cleaning services,
visiting health care services,and similar uses that involve frequent trips by motor vehicles to provide services. This
use does not include uses where the delivery is secondary and incidental to a primary service delivered on-site, such
as restaurant delivery services.
18.36.030.241. Tree Canopy
"Tree canopy" means the total area of the tree or trees where the leaves and outermost branches extend, also known
as the "dripline".
18.36.030.242. Tree Stand
"Tree stand" means at least five or more existing trees forming a continuous canopy, each having asix-inch
diameter or greater, measured four and a half feet above existing grade. Trees may be evergreen or deciduous
varieties. (Ord. 96-09 § 2, 1996)
18.36.030.243. Universal Transverse Mercator
"Universal transverse mercator" or "UTM" means the grid zone in metric measurement providing for an exact point
of numerical reference. (Ord. 2003-37 § 1, 2004)
18.36.030.244. 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)
18.36.030.245. Utility
"Utility" means all lines, buildings, easements, passageways, or structures used or intended to be used by any public
or private utility related to the provision, distribution, collection, transmission, or disposal of power, oil, gas, water,
sanitary sewage, communication signals, or other similar services on a local level and other in-line facilities needed
for the operation of such facilities, such as gas regulation stations, power or communication sub-stations, dams,
reset•voirs, and related power houses. Additionally, a utility facility means any energy device and/or system that
generates energy from renewable energy resources including solar, hydro, wind, biofuels, wood, geothermal, or
similar sources. Services may be publicly or privately provided. In the Mixed Use Town Center and High School
Road Commercial Zones, utility or utilities does not include wireless communications facilities.
A. "Utility, Primary" means facilities that produce, transmit, carry, store, distribute, or process
electric power, gas, water, sewage, or information and do not meet the definition of an Accessory
Utility. Primary Utilities include solid waste handling and disposal facilities, wastewater
treatment facilities, utility lines, electrical power generating or transfer facilities, radio cellular
telephone and microwave towers, and gas distribution and storage facilities.
B. "Utility, Accessory" means small scale distribution systems directly serving a permitted ("P") or
conditional ("C)" use. Accessory Utilities include power, telephone, cable, water, sewer, septic,
and stormwater lines, and do not include wind generators (turbines) or solar panels.
18.36.030.246. Value added products
"Valued added products" means goods produced from harvested crops with the defining or distinguishing ingredient
being grown by the producer.
28
18.36.030.247. Variance
"Variance" provides the means for- obtaining relief from the zoning regulations, through the procedures, and subject
to the criteria, listed in BIMC Title 2.
]8.36.030.248. Veterinarian clinic
"Veterinarian clinic" means a building or buildings used for animal or pet health care, including animal or pet
boarding as part of that animal pet health care. A veterinary clinic may include the incidental boarding of animals or
pets undergoing treatment.
18.36.030.249. Vocational school
"Vocational school" means an establishment offering training in a skill or trade.
18.36.030.250. 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)
18.36.030.251. Warehouse
"Warehouse" means an establishment involved in the storage or movement of goods for themselves or other firms.
Goods are generally delivered to other films or the final consumer, except for some will-call pick-ups. There is little
on-site sales activity with the customer present. Accessory uses may include offices, truck fleet parking, and
maintenance areas.
18.36.030.252. Waste Transfer Facility
"Waste Transfer facility" means establishments that receive solid or liquid wastes from others for disposal on the
site or for transfer to another location, uses that collect sanitary wastes,. or uses that manufacture or produce goods or
energy from the composting of organic material or processing of scrap or waste material. This does not include the
waste or salvage of hazardous materials. Accessory uses may include recycling of materials, offices, and
repackaging and shipment of by-products.
18.36.030.253. .Wireless Communication Facility
"Wireless communication facility" means an unstaffed facility for the transmission and reception of low-power
radio signals consisting of an equipment shelter or cabinet, a support structure, antennas (e.g., omni-directional,
panel/directional or parabolic) and related equipment.
A. "Facility I" means an attached wireless communications facility that consists of antennas equal to
or less than four feet in height with an area of not more than 580 square inches in the aggregate
(e.g., 14-inch diameter parabola or 2.6-foot by l .5-foot panel).
B. "Facility II" means an attached wireless communication facility that consists of antenna equal to
or less than IO feet in height or up to one meter (39.37 inches) in diameter and with an area not
more than 30 sq. ft. in the aggregate.
C. "Facility III" means an attached wireless communication facility that consists of anterinas equal to
or less than 15 feet in height or up to one meter (39.37 inches) in diameter and with an area not
more than 100 sq. ft. in the aggregate.
18.36.030.254. Wetlands Mitigation Bank
"Wetlands mitigation bank" means a natural resource management technique authorized by Part 404 of the federal
Clean Water Act, or other state or federal law, as applicable, using wetland preservation, restoration, creation and/or
enhancement to offset or replace wetland functions that are lost due to development. Wetland mitigation banks are
typically large areas of wetlands operated by private or public entities, which may sell credits to other entities to
compensate for wetland loss or impact at development sites or enter into other similar arrangements.
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18.36.030.255. Winery, Commercial
"Winery, commercial" means is a form of agricultural processing that includes an establishment with facilities for
making and bottling wine for sale on site and/or through wholesale or retail outlets. Uses at a commercial winery
may also include the growing of fresh fruits or agricultural products for the production of wine. Accessory uses shall
include wine tasting rooms at which wine tasting occurs, accessory food sales related to wine tasting occurs, and
wines produced onsite are sold.
18.36.030.256. Wireless Communication Support Structure
"Wireless communication support structure" means the structure erected to support wireless communication
antennas and connecting appurtenances. Support structure types include, but are not limited to, stanchions,
monopoles, lattice towers, wood poles or guyed towers.
18.36.030.257. Year-round Agricultural Retail Sales
"Year-round agricultural retail sales" means any agricultural retail sales extending beyond seasonal agricultural
--~--
~aics.
18.36.030.258. 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)
18.36.030.259. Zoning Map
"Zoning map" means the official map that identifies and delineates boundaries of the city's zoning classifications.
(Ord. 92-08 § 2, 1992)
30