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Aberdeen City Zoning Code

Division I

General Provisions

17.11 Definitions

In the event of a conflict between provisions of this title and other titles, the provisions of this title control. In the event of a conflict between provisions of this title and Chapter 14.50, Shoreline Master Program, the provisions of Chapter 14.50, Shoreline Master Program, control.

17.10.010 Title.

Chapters 17.10 through 17.68 shall be known as the “Aberdeen Zoning Code.”

(Ord. 6715 §§ 1, 2 (Exh. A), Repealed & Replaced, 11/13/2024)

17.10.020 Effect.

Chapters 17.10 through 17.68, and the zoning map thereby adopted, shall regulate the use and development of land and water within the city of Aberdeen.

(Ord. 6715 §§ 1, 2 (Exh. A), Repealed & Replaced, 11/13/2024)

17.10.030 Purpose.

The purpose of this title is to implement the comprehensive plan and state laws related to land use and development in a manner that is clear, concise, and understandable.

(Ord. 6715 §§ 1, 2 (Exh. A), Repealed & Replaced, 11/13/2024)

17.10.040 Applicability.

This title is applicable to all land and land uses within the corporate limits of the city of Aberdeen, except as preempted by law or interlocal agreement. All city departments, and the city itself, are subject to this title.

(Ord. 6715 §§ 1, 2 (Exh. A), Repealed & Replaced, 11/13/2024)

17.10.050 Administration.

The director has the duty to administer this title.

(Ord. 6715 §§ 1, 2 (Exh. A), Repealed & Replaced, 11/13/2024)

17.10.060 Fees and costs.

A. The city council shall establish by resolution fees or charges for applications, notices, plan reviews, permits, administrative actions, or appeals authorized under this title. Applicants shall pay the appropriate fees or charges in effect at the time a completed application is submitted to the reviewing department. No application shall be reviewed or approved unless the appropriate fees and charges have been paid.

B. The cost of postings, mailings, and publications shall be paid for by the applicant.

(Ord. 6715 §§ 1, 2 (Exh. A), Repealed & Replaced, 11/13/2024)

17.10.070 No special duty created.

A. It is the purpose of this title to provide for the health, welfare, and safety of the general public, and not to create or otherwise establish or designate any particular class or group of persons who will or should be especially protected or benefited by the terms of this title.

B. Nothing contained in this title is intended to be nor may be construed to create or form the basis for any liability on the part of the city or its officers, agents, and employees for any injury or damage resulting from the failure of any premises to abate a nuisance or to comply with the provisions of this title, or by reason or a consequence of any inspection, notice or order, in connection with the implementation or enforcement of this title, or by reason of any action of the city related in any manner to enforcement of this title by its officers, agents or employees.

(Ord. 6715 §§ 1, 2 (Exh. A), Repealed & Replaced, 11/13/2024)

17.10.080 Savings.

Nothing contained in this title may be construed as abating any action now pending under or by virtue of any ordinance of the city herein repealed, or as discontinuing, abating, modifying, or altering any penalty accrued or to accrue, or as affecting liability of any person, firm or corporation, or as waiving any right of the city under any ordinance or provision thereof in force at the time of passage of the ordinance codified in this title.

(Ord. 6715 §§ 1, 2 (Exh. A), Repealed & Replaced, 11/13/2024)

17.10.090 Inspections.

Whenever the department has reasonable cause to believe that there exists in any building or premises any condition nonconforming with this title, the department may enter such building or premises. If the building or premises is occupied, the department shall first present proper credentials and demand entry; and if the building or premises is unoccupied, the department shall first make reasonable effort to locate the owner or other persons having charge or control of the building or premises and request entry. If such entry is refused the department shall have recourse to secure entry.

(Ord. 6715 §§ 1, 2 (Exh. A), Repealed & Replaced, 11/13/2024)

17.10.100 Violation of this title.

It is unlawful for any person(s), firm, or corporation to take any action with any building or structure, utilize any property or subdivide any parcel in a manner not in conformance with any provision of this title. Failure to comply with decisions of the department or hearing examiner or permits issued under this title constitutes violation of this title.

(Ord. 6715 §§ 1, 2 (Exh. A), Repealed & Replaced, 11/13/2024)

17.10.110 Penalties and remedies for violations.

A. The city of Aberdeen, through its authorized agents, may initiate injunction, abatement proceedings or any other appropriate action in the courts against any person who violates or fails to comply with any provision of this title.

B. Any person who violates or fails to comply with any provision of this title, or the owner of property upon which a violation of this title is located, shall be subject to a maximum penalty of five hundred dollars ($500.00) for each day or portion of a day that the violation continues; provided, however, that an owner of property who has not perpetrated the violation shall be subject to penalty only if demand for abatement or alteration of the violation has been mailed to said owner at his/her last known address by registered mail, return receipt requested, and the demand has remained unmet for more than thirty (30) days.

C. In addition to incurring civil liability under subsection (B) of this section, the violation of or failure to comply with any of the provisions of this title is a misdemeanor and, upon conviction, a violator shall be punished by a fine of not less than one hundred dollars ($100.00) or more than five hundred dollars ($500.00) and/or by imprisonment in the city or county jail for not more than ninety (90) days for each separate offense. Each day or portion thereof upon which a violation appears constitutes a separate offense.

(Ord. 6715 §§ 1, 2 (Exh. A), Repealed & Replaced, 11/13/2024)

17.10.120 Order to stop work.

Whenever any building or premises is being constructed contrary to the provisions of this title, the department may order the work stopped by notice in writing served on the legal or equitable property owner or any person causing such work to be done. Work shall remain stopped until such time that the structure or use is made in compliance with this title and the department authorizes that work may proceed.

(Ord. 6715 §§ 1, 2 (Exh. A), Repealed & Replaced, 11/13/2024)

17.10.130 Actions brought prior to enactment of this title.

Whenever any building or premises is being constructed contrary to the provisions of this title, the department may order the work stopped by notice in writing served on the legal or equitable property owner or any person causing such work to be done. Work shall remain stopped until such time that the structure or use is made in compliance with this title and the department authorizes that work may proceed.

(Ord. 6715 §§ 1, 2 (Exh. A), Repealed & Replaced, 11/13/2024)

17.10.140 Effect of concomitant agreements.

All concomitant agreements or contract rezones entered into between the city of Aberdeen and owners of property within the city prior to the effective date of this title shall remain in effect following the effective date of this title.

(Ord. 6715 §§ 1, 2 (Exh. A), Repealed & Replaced, 11/13/2024)

17.10.150 Employees not personally liable for enforcement acts.

Any employee charged with the enforcement of this title, acting in good faith and without malice for the city in the discharge of duties, shall not render himself/herself liable personally and is hereby relieved from all personal liability for any damage that may accrue to persons or property as a result of any act required or by reason of any act or omission in the discharge of duties. Any suit brought against the employee, because of such act or omission performed by them in the enforcement of any provisions of this title, shall be defended by the city until final termination of the proceedings.

(Ord. 6715 §§ 1, 2 (Exh. A), Repealed & Replaced, 11/13/2024)

17.10.160 Performance bonding required.

A. Where authorized by this title, the permit-issuing authority may require a bond to ensure compliance with any requirements. The bond may be an irrevocable letter of credit, set-aside letter, assignment of funds, certificate of deposit, deposit account, or other accessible source of funds in a form acceptable to the city. Interest from any interest-bearing form of bond will accrue to the benefit of the depositor. The bond shall specify the date and time by which the work which it guarantees shall be completed and state the date and time by which the city can negotiate the bond to obtain the funds to do the work it guarantees. In all cases the date and time for bond negotiation shall be at least sixty (60) days after the deadline.

B. The amount of the bond shall be calculated on the following basis:

1. The amount will be one hundred fifty (150) percent of the cost of the work or improvements and shall be based on estimated costs immediately following the expiration of the bond together with the city’s cost of obtaining funds from the bond and administering the project.

2. A maintenance bond will not be less than twenty (20) percent of the cost of replacing the improvement covered by the bond based on estimated costs on the last day covered by the bond together with the city’s cost of obtaining funds from the bond and administering the project.

C. In each case where the city requires or allows an applicant to establish a bond, the owner of subject property shall give the city a signed, notarized, irrevocable license to run with the property to allow the employees, agents or contractors of the city to go on the subject property for the purpose of inspecting and, if necessary, doing the work or making the improvements covered by the bond. The applicant shall file this license with the department.

D. After the work or improvements covered by a performance bond have been completed to the satisfaction of the city or at the end of the time covered by a maintenance bond, the applicant may request the city to release the bond. The city shall release such bond as expeditiously as possible after receipt of a request for release.

E. If during the period of time covered by a bond the department determines that the work or improvements have not been complied with, the applicant will be notified. The notice shall include the following information:

1. The work that shall be done or the improvement that shall be made to comply with the requirements and the bond;

2. The amount of time that the applicant has to commence and complete the required work or improvements;

3. That, if the work or improvements are not commenced and completed within the time specified, the city will use the proceeds of the bond to have the required work or improvements completed.

F. If the work or improvements covered by the bond are not completed within the time specified in the notice provided under subsection (E) of this section, the city shall obtain the proceeds of the bond to perform the necessary work or improvements. The property owner is responsible for all costs incurred by the city. Upon completion, the city shall release or refund any proceeds of a performance bond after subtracting all costs involved. The owner of subject property shall reimburse the city for any amount expended by the city that exceeds the proceeds of the bond. The city shall retain a lien against the subject property for the amount of any excess.

G. In each case where the city uses any of the proceeds of the bond, it shall give the owner of the subject property an itemized statement of all proceeds and funds used.

(Ord. 6715 §§ 1, 2 (Exh. A), Repealed & Replaced, 11/13/2024)

17.10.170 Severability.

If any provision of this title, or its application to any person or circumstance is held invalid, the remainder of the title, or the application of the provision to other persons or circumstances is not affected, and to this end the provisions of this title are declared to be severable.

(Ord. 6715 §§ 1, 2 (Exh. A), Repealed & Replaced, 11/13/2024)

17.11.010 Definitions.

The following definitions apply to this title, and other definitions may be found in individual chapters when applicable to that chapter:

A. A Definitions.

“Access corridor” means a vehicle circulation area in private ownership which provides access to a single flag lot.

“Accessory dwelling unit” refers to a type of accessory structure defined in Section 17.44.020(A).

“Accessory structure” means a minor building that is located on the same lot as a principal building and is used incidentally to a building that houses a principal use, including accessory dwelling units, gazebos, garages, carports, sheds, greenhouses, patio covers, solariums, and similar roofed structures.

“Accessory use” means a use incidental and subordinate to a permitted use and located on the same lot or contiguous lots of single ownership, or in the same building as permitted use.

“Adult entertainment” shall include any adult cabaret or adult entertainment facility as defined under Chapter 5.34.

“Adult family home” means a type of group living use as defined in Section 17.43.020(B).

“Alley” means a public right-of-way at least ten (10) feet wide but not more than twenty (20) feet wide which has been dedicated or deeded to the public for public use affording a secondary means of vehicular access to abutting lots and not intended for general traffic circulation.

“Alley access lots” means subdivision configurations where lots are provided with vehicular access by an alley as set forth in Section 17.54.040(E).

“Appellant” means a person who files a complete and timely appeal of a city decision.

“Appellate body” means that officer or body prescribed by this title as having the authority to hear the appeal of a development permit.

“Applicant” means a person seeking development or permit approval from the city.

“Articulation” means the giving of emphasis to architectural elements (like windows, balconies, entries, etc.) that create a complementary pattern or rhythm, dividing large buildings into smaller identifiable pieces.

“Articulation interval” means the measure of articulation, the distance before architectural elements repeat.

“Artisan manufacturing” means a light manufacturing use defined in Section 17.45.040(B).

“Assisted living facility” means a type of group living use defined in Section 17.43.020(C).

B. B Definitions.

“Bed and breakfast inn” refers to a type of commercial use defined in Section 17.44.060(B)(1).

“Bioretention” means an integrated stormwater management practice that uses the chemical, biological, and physical properties of plants, microbes and soils to remove or retain pollutants from stormwater. Bioretention areas may or may not have an underdrain.

“Bond” means a surety bond, cash deposit, escrow account, assignment of savings, irrevocable letter of credit or other means acceptable to, or required by, the city to guarantee work is in compliance with all applicable city requirements.

“Building” means a structure used or intended for supporting or sheltering any use or occupancy.

Building Height. See Section 17.42.070 for building height calculations, exceptions, and modifications.

C. C Definitions.

“Cannabis producer” refers to a type of agriculture use defined in Section 17.46.010(E).

Caretaker’s Residence. See definition in Section 17.43.030.

“Change of use” means any use which substantially differs from the previous use of a building or land as defined in Section 12.28.020.

“Civic use” refers to a type of public, institutional, and open space use defined in Section 17.46.020(A).

Clear Vision Triangle. See Section 17.68.010.

“Club” means a nonprofit, social organization whose premises are generally restricted to members and their guests.

“Cluster” means a development design technique that concentrates buildings in specific areas on the site to allow the remaining land to be used for recreation, common open space, and the preservation of sensitive features.

“Cluster subdivision” means a form of development for residential subdivisions that permits a reduction in requirements and allows common wall construction techniques; provided, there is no increase in the number of lots or the number of dwellings permitted under a conventional subdivision and the resultant land is devoted to open space.

“Co-living” means a type of shared housing defined in Section 17.43.010(D).

“Commercial day care” means a child care facility for the care of thirteen (13) or more children.

“Community garden” refers to a type of agriculture use defined in Section 17.46.010(F).

“Conditional use” means a category of uses listed within a zoning district that requires review before the hearing examiner to determine their compatibility with the surrounding area and comprehensive plan.

“Condominium” means a building or group of buildings in which units are owned individually, and the structure, common areas and facilities are owned by all the owners on a proportional, undivided basis. Condominiums, cooperatives and like property and buildings shall be treated in this title in a like manner regardless of whether the properties and buildings are condominiums, cooperatives, or are in a single ownership. This provision applies to residential, commercial and industrial condominiums and cooperatives.

“Cottage housing” refers to a type of clustered housing defined in Section 17.43.010(C).

“Cul-de-sac” refers to a street with a single common ingress and egress and with a turnaround at the end.

D. D Definitions.

“Day care” refers to a type of commercial use defined in Section 17.44.010(B). Day care types include “mini day care” and “commercial day care.”

“Density” means the total number of square feet in a lot divided by the number of dwelling units located on the lot.

“Department” means the Aberdeen community development department.

“Detached building” means a building surrounded on all sides by open space and not physically connected to any other building.

“Development permit” means a permit or approval for a development and includes project permits.

“Development site” means that portion of any lot or lots that encompass all phases of a development proposal.

“Director” means the director of the community development department or the director’s designee.

“Division of land” means any transaction or action which alters or affects the shape, size or legal description of any part of an owner’s land as defined in Section 17.32.020.

“Driveway” means any area that provide access for vehicles from the roadway of a street to private property as defined in Section 12.28.020.

“Duplex” refers to a type of residential use defined in Section 17.43.010(D).

“Dwelling unit” or “dwelling” means a building or portion thereof providing complete housekeeping facilities for one (1) family. A “dwelling unit” does not include a motel or hotel, which is separately defined.

E. E Definitions.

“Eating and drinking establishment” refers to a type of commercial use defined in Section 17.44.020.

“Essential public facility” (EPF) means any public facility or facilities owned or operated by a unit of local or state government, public or private utility, transportation company, or any other entity that provides a public service as its primary mission, and is difficult to site.

“Excavation, surface” means removal or recovery of soil, rock, minerals or organic substances other than vegetation, from land or land on or beneath the surface of water; provided, however, that dredging for navigational purposes or excavation for utilities shall not be included within this definition.

F. F Definitions.

“Family” means an individual or a group of persons living together in a dwelling unit.

“Fence” means a structure which is built, constructed, or composed of parts joined together of material in some definite manner, in which the prime purpose is to separate and divide, partition, enclose or screen a parcel or parcels of land.

“Final plat” means a precise scale drawing of a subdivision and dedications which conforms to the approved preliminary plat, meets all the conditions of approval, and meets the requirements listed in Section 17.31.060.

“Floor area, gross (GFA)” means the floor area within the inside perimeter of the exterior walls of the building under consideration, exclusive of vent shafts and courts, without deduction for corridors, stairways, ramps, closets, the thickness of interior walls, columns, or other features. The floor area of a building, or portion thereof, not provided with surrounding exterior walls shall be the usable area under the horizontal projection of the roof or floor above. The gross floor area does not include shafts with no openings or interior courts.

“Floor area, net (NFA)” means the actual occupied area not including unoccupied accessory areas such as utility stairways/corridors, mechanical rooms, and closets. Shared residential storage areas and commercial and industrial storage/stock areas are considered occupied areas for the purpose of this definition.

“Fourplex” refers to a type of household living use defined in Section 17.43.010(E).

G. G Definitions.

“General services” refers to a type of commercial use defined in Section 17.44.030.

“Groundcover” means small plants such as salal, ivy, ferns, mosses, grasses, or other types of vegetation which normally cover the ground.

“Ground floor” means the first floor of any building nearest, on, or above the same plane as the fronting right-of-way.

“Group care living facilities, homes” refers to a type of group living defined in Section 17.43.020(E).

“Group living” refers to a type of residential use defined in Section 17.43.020(A).

H. H Definitions.

“Habitable area” refers to the area defined in Section 17.47.020(C)(4).

“Hammerhead design” means a T-shaped driveway layout providing sufficient space for a fire truck to reverse direction by making a three (3) point turn.

“Hard surface area” means an impervious surface, a permeable pavement, or a vegetated roof.

“Heavy industrial” refers to a type of industrial use defined in Section 17.45.010.

“Home occupation” means a type of accessory use defined in Section 17.47.030.

“Hospital” means a type of medical use defined in Section 17.44.040.

“Hotel” is a type of overnight lodging use defined in Section 17.44.060.

“Household living use category” means a category of residential uses defined in Section 17.43.010(A).

I. I Definitions.

“Impervious surface” or “surface, impervious” means ground or covered ground through which water cannot percolate.

“Improved public street” means a platted public street, paved to city standards and specifications.

J. J Definitions.

K. K Definitions.

“Kennel” means a premises where four (4) or more dogs, cats or combination thereof, of at least six (6) months of age, are kept by the owners of the animals or by persons providing facilities and care, whether or not compensation is involved. May include indoor and outdoor runs.

L. L Definitions.

“Laboratories and research facilities” means a type of light manufacturing use defined in Section 17.45.040(A).

“Landscape” and “landscaped area” means an inclusive combination of trees, shrubs, flowers, ferns, groundcover, and other vegetation as defined in Section 17.52.020.

“Landscaped block frontage” refers to a type of block frontage designation that emphasizes landscaped setbacks. See Section 17.61.050 for details.

“Light industry” and “light industrial” refer to a type of industrial use defined in Section 17.45.020(A).

“Light manufacturing” refers to a type of industrial use defined in Section 17.45.030(A).

“Lot” means a fractional part of divided lands having fixed boundaries, being of sufficient area and dimension to meet minimum zoning requirements for width and area. The term includes tracts or parcels.

“Lot area” or “lot size” means the total horizontal area included within the legally defined boundaries of the lot, excluding public rights-of-way.

“Lot coverage” means the area of a lot which is covered by buildings and structures. See Section 17.42.070 for a clarification of how lot coverage standards established by Chapter 17.42, Form and Intensity Standards, are applied.

“Lot frontage” means the portion of the property line which abuts a street right-of-way.

“Lot of record” means a lot which is described by a final plat, short plat, or metes and bounds, and is established consistent with applicable local and state regulations at the date a legal instrument creating the lot is recorded at the Grays Harbor County Auditor’s office.

Lot Types. The diagram in Figure 17.11.010(L) illustrates terminology used in this title with reference to corner lots, interior lots, and through lots.

a. “Corner lot” means a lot located at the intersection of two (2) or more streets. A lot abutting a curved street or streets must be considered a corner lot if straight lines drawn from the foremost points of the side lot lines to the foremost point of the lot meet at an interior angle of less than one hundred thirty-five (135) degrees.

b. “Interior lot” means a lot with frontage on only one (1) street.

c. “Through lot” means a lot other than a corner lot with frontage on more than one (1) street. Through lots abutting two (2) streets may be referred to as double frontage lots.

d. “Flag lot” means a parcel of land, the body of which is separated from a public street by one (1) or more lots, connected to a public street by a narrow portion (flag pole) of the parcel. See Section 17.42.090(E) for flag lot setback standards.

Figure 17.11.010(L). Types of Lots

“Low impact development (LID)” means a stormwater and land management strategy that strives to mimic predisturbance hydrologic processes of infiltration, filtration, storage, evaporation and transpiration by emphasizing conservation, use of on-site natural features, site planning and distributed stormwater management practices that are integrated into a project design. Common LID BMPs include, but are not limited to: bioretention, rain gardens, permeable pavements, roof downspout controls, dispersion, soil quality and depth, minimal excavation foundations, vegetated roofs, water re-use, and rainwater harvesting.

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

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

M. M Definitions.

“Manufactured home” refers to a type of household living use defined in Section 17.43.010(B)(4).

“Manufactured home park” or “mobile home park” means a tract of land under single ownership or control upon which two (2) or more manufactured homes occupied as dwellings may be located.

“Medical” refers to a type of commercial use defined in Section 17.44.040.

“Metes and bounds” means a means of legally describing land where a high degree of accuracy is required. “Metes” refers to distances, where “bounds” refers to boundaries revealed by monuments and landmarks. The description starts at an easily identifiable point of beginning, following boundaries for precise distances and ultimately returning to the point of beginning.

“Mini day care” refers to a type of day care use defined in Section 17.44.010(B)(2)(a).

“Mixed-use building” means a multi-story building that includes nonresidential floor area covering more than fifty (50) percent of the building’s street frontage with a minimum depth of forty (40) feet and residential and/or office uses occupying the majority of floor area on upper floors.

“Mobile home” refers to a type of household living use defined in Section 17.43.010(B)(4).

Motel. See “Hotel.”

“Multifamily” means a type of household living use defined in Section 17.43.010(G).

N. N Definitions.

“Natural grade” means the natural contours of a land area generally unaltered by human intervention.

“Net lot area” means the gross lot area less the area occupied by any public right-of-way or private easement for driveway purposes.

“Nonconforming” shall have the definition set forth in Chapter 17.49.

“Nursery” refers to a type of agriculture use defined in Section 17.46.010(F).

“Nursing home” refers to a type of group living use defined in Section 17.43.020(F).

O. O Definitions.

“Office” refers to a type of commercial use defined in Section 17.44.050.

“Open space” means an area not encumbered with any substantial structure, devoted to use as a roadway, parking area or sidewalk and is left in its natural or undisturbed state as of the date development began. Minor improvements may be made to open space areas to accommodate the cutting of trails, or, if unwooded, to landscape for ball fields, picnic areas and similar facilities or to create a wooded or natural area.

“Overnight lodging” refers to a category of commercial use defined in Section 17.44.060.

“Ownership” means possession of real estate or a legal contract to purchase or lease real estate, assigning sole or preemptive right to use or occupy real estate for a specified period of time.

P. P Definitions.

“Parking as a primary use” refers to a type of commercial use category defined in Section 17.44.070.

“Parking strip” means the space between the street roadway or curb line and the property line, with the exception of the sidewalk area (Section 12.28.020).

“Party of record” means a person who has testified at a public hearing, or submitted a written statement related to an application within the allowed time frame, and who provides the city with a complete mailing address.

“Pedestrian-oriented space” means publicly accessible spaces that enliven the pedestrian environment by providing opportunities for outdoor dining, socializing, relaxing and provide visual amenities that can contribute to the character of the neighborhood.

“Permanent supportive housing” refers to a type of household living use defined in Section 17.43.010(J).

“Permeable pavement” means pervious concrete, porous asphalt, permeable pavers, or other forms of pervious or porous paving material intended to allow passage of water through the pavement section. It often includes an aggregate base that provides structural support and acts as a stormwater reservoir.

“Permitted use” means a use by right which is specifically authorized in a particular zoning district.

“Personal service” refers to the use category defined in Section 17.44.080.

“Planning commission” means the city of Aberdeen planning commission.

“Plat” means a scale drawing of a subdivision showing lots, blocks, streets, or tracts, or other division or dedications of land to be subdivided.

“Preliminary plat” means a neat and approximate scale drawing of a proposed subdivision, showing the existing conditions and the proposed layout of streets, lots, blocks, and other information needed to properly review the proposal.

“Preliminary short plat” means a neat and approximate scale drawing of a proposed short subdivision, showing the existing conditions and the proposed layout of streets, lots, blocks, encumbrances, encroachments, and other information needed to properly review the proposal.

“Principal use” means the use for which the majority of a lot, structure, or building, is designed or actually employed.

“Professional service” refers to a type of commercial use defined in Section 17.44.050(A)(2).

“Project permit or project permit application” means any land use or environmental permit or license required from the city for a project action, including but not limited to building permits, subdivisions, binding site plans, conditional uses, shoreline substantial development permits, site plan review, permits or approvals required by critical area ordinances, site-specific rezones authorized by a comprehensive plan or subarea plan, but excluding the adoption or amendment of a comprehensive plan, subarea plan, or development regulations except as otherwise specifically included in this definition.

Q. Q Definitions.

“Qualified professional” means a person with experience and training in the applicable field or critical area. A qualified professional must have obtained a B.S. or B.A. or equivalent degree in biology, engineering, environmental studies, fisheries, geology or related field, and two (2) years of related work experience.

R. R Definitions.

“Rain garden” means a nonengineered shallow, landscaped depression, with compost-amended native soils and adapted plants. The depression is designed to pond and temporarily store stormwater runoff from adjacent areas, and to allow stormwater to pass through the amended soil.

“Recreation, indoor” refers to a type of commercial use defined in Section 17.44.090.

“Recreation, outdoor” refers to a type of commercial use defined in Section 17.44.100.

“Recreational open space” means a portion of a lot or a building available for the recreational use of the residents of the lot.

“Recreational vehicle” means a vehicular unit type designed as temporary living quarters for recreational camping or travel uses, with or without motive power. This definition includes vehicles such as travel trailers, camping trailers, truck campers and motor homes. A recreational vehicle is not a mobile home.

“Recreational vehicle park” means a type of outdoor recreation use defined in Section 17.44.100(E)(1).

“Research and development use standards” refers to a type of laboratories and research facilities use defined in Section 17.45.040(B).

“Residential amenity space” refers to on-site shared recreational and social uses for residents. See Section 17.62.030 for residential amenity space provisions.

“Retail sales” refers to a category of commercial use defined in Section 17.44.110(A).

“Rezone” means an amendment which changes the use classifications and/or boundaries upon the official zoning map.

“Right-of-way” means a strip of land in public ownership used for transportation, utility, open space, or other public purposes.

“Roadway” means the paved, improved or proper driving portion of a street, designed or ordinarily used for vehicular travel (Section 12.28.020).

S. S Definitions.

“Sales, incidental wholesale/retail” or “incidental wholesale/retail sales” means occasional wholesale and/or retail sales where less than fifty (50) percent of the total sales volume is conducted on or from a business premises.

“Sales, secondhand” or “secondhand sales” means sales of items previously used by other persons, excluding garage sales and yard sales.

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

“Self-service storage” refers to a type of industrial use defined in Section 17.45.050.

“Senior housing” means a type of household living use defined in Section 17.43.010(H).

“Setback” means the minimum required distance between a property line and a line parallel to that property line. See Section 17.42.080 for clarification on how all setback types are measured.

“Shell building” means a nonresidential building that is capable of being divided into multiple leasable units or spaces with different uses but has had no use or uses identified as part of a land use permit application.

“Shoreline permit” means a shoreline substantial development permit, shoreline conditional use permit, or shoreline variance issued pursuant to the city’s shoreline master program.

“Short plat” means the plat of a short subdivision.

“Sidewalk area” means that portion of the space lying between the street roadway or curb line and the property line which is reserved for sidewalks, either existing or proposed (Section 12.28.020).

“Single-family house” refers to a type of household living use defined in Section 17.43.010(B).

Sign. See Section 17.66.030 for sign and sign-related definitions including billboard sign, freestanding sign, off-premises sign, portable sign, temporary sign, and similar.

“Significant tree” means a deciduous or evergreen tree greater than six (6) inches in diameter at five (5) feet above grade.

“Site plan” means a map or representation of a site showing thereon the location of various features of a particular proposal, such as setbacks, buildings, parking areas, and other items.

“Special civic uses” refers to a type of civic use defined in Section 17.46.020(C).

“Special retail sales uses” refers to a type of commercial use defined in Section 17.44.110(B).

“Storefront” means a ground floor space that meets the standards set in Section 17.61.040.

“Storefront block frontage” refers to a type of block frontage designation that emphasizes storefronts. See Section 17.61.040 for applicable standards.

“Stormwater facility” means a constructed component of a stormwater drainage system, designed or constructed to perform a particular function, or multiple functions. Stormwater facilities include, but are not limited to, pipes, swales, ditches, culverts, street gutters, detention ponds, retention ponds, oil/water separators, and biofiltration swales.

“Stormwater Management Manual for Western Washington” (SWMMWW) means the stormwater manual published by the Washington State Department of Ecology and adopted by the city.

“Street” means any street, alley or other public place within the city of Aberdeen.

“Streetscape” means the space between the buildings on either side of a street that defines its character. See Section 17.52.040(B) for street design standards.

“Subdivision” means the division or redivision of land as regulated by Chapter 17.31, Land Divisions.

T. T Definitions.

“Townhouse” refers to a type of household living use defined in Section 17.43.010(F).

“Tract” means land reserved for special uses such as open space, surface water retention, utilities, or access. Tracts are not counted as lots nor considered as building sites.

“Transitional housing” refers to a type of household living use defined in Section 17.43.010(I).

“Triplex” refers to a type of household living use defined in Section 17.43.010(E).

U. U Definitions.

“Unit lot subdivision” means a subdivision of land within a parent parcel that creates individual sellable lots. See Section 17.31.050(D) for unit lot subdivision procedures.

“Urban services area” means that area, both within the city and outside it, which is either presently served or is slated to be served by the water and sewer systems of the city of Aberdeen.

“Use” means the activity or function that actually takes place or is intended to take place on a lot.

V. V Definitions.

“Variance” means an adjustment from a dimensional or numeric standard of this title issued per Chapter 17.43, Variances.

“Vehicle sales/rental” refers to a type of commercial use defined in Section 17.44.120.

“Vertical building modulation” means stepping back or projecting forward vertical walls of a building face, within specified intervals of building width and depth, as a means of breaking up the apparent bulk of a structure’s continuous exterior walls. Vertical building modulation may be used to meet the facade articulation standards in Section 17.63.020.

“Vesting” means the legal establishment of a right which cannot be revoked by subsequent conditions or changes in law without due process of law. Refer to Section 17.20.070 for vesting standards.

W. W Definitions.

“Warehouse and distribution” refers to a type of industrial use defined in Section 17.45.060.

“Waste-related service” refers to a type of industrial use defined in Section 17.45.070.

“Water-oriented industrial use” refers to a type of industrial use defined in Section 17.45.080(A).

“Weather protection” means a permanent horizontal structure above pedestrian areas such as sidewalks and building entries that protects pedestrians from inclement weather.

“Wholesale trade” refers to a type of industrial use defined in Section 17.45.090.

X. X Definitions.

Y. Y Definitions.

“Yard” means an open space abutting a lot line unobstructed and unoccupied from the ground upward except for certain exceptions allowed herein. A yard shall be measured at right angles to the lot line and shall extend into the lot to the depth required by this title.

“Yard, front” or “front yard” means a yard extending the full width of the lot abutting the front lot line to the depth required by this title.

“Yard, rear” or “rear yard” means a yard extending the full width of the lot abutting the rear lot line to the depth required by this title.

“Yard, side” or “side yard” means a yard which extends from the front yard, or front lot line where no front yard exists, to the rear yard or rear lot line where no rear yard exists and abutting a side yard lot to the depth required by this title.

Z. Z Definitions.

(Ord. 6715 §§ 1, 2 (Exh. A), Repealed & Replaced, 11/13/2024)

17.11.020 Rules of interpretation.

A. Within this title, all words used have their normal and customary meanings, unless specifically defined otherwise in this title.

1. Words used in the present tense include the future.

2. The plural includes the singular and vice versa.

B. Distances are measured horizontally unless otherwise specified.

C. Interpretations of this code shall be consistent with the comprehensive plan.

D. Interpretations related to uses in each zone should be based on the “purpose” section of each zone.

E. Where two applicable rules conflict within this title, the most restrictive rule controls unless otherwise specified.

(Ord. 6715 §§ 1, 2 (Exh. A), Repealed & Replaced, 11/13/2024)

17.11.030 Conflict of provisions.

Should a conflict occur between the provisions of this title or between this title and the laws, regulations, codes or rules promulgated by other authority having jurisdiction within the city, the most restrictive requirement shall apply, except when constrained by federal or state law.

(Ord. 6715 §§ 1, 2 (Exh. A), Repealed & Replaced, 11/13/2024)

17.11.040 Supremacy.

In the event of a conflict between provisions of this title and other titles, the provisions of this title control. In the event of a conflict between provisions of this title and Chapter 14.50, Shoreline Master Program, the provisions of Chapter 14.50, Shoreline Master Program, control.

(Ord. 6715 §§ 1, 2 (Exh. A), Repealed & Replaced, 11/13/2024)

17.11.050 Administrative interpretations.

A. Consistent with RCW 36.70B.110(11), any person may submit a written request for an interpretation of this title. Any such request shall:

1. Specify each code section for which an interpretation is requested.

2. Describe why an interpretation of each section is necessary.

3. Include any reasons or material in support of a proposed interpretation.

4. Include any fee established by the city council for such requests.

B. If the interpretation request is associated with a pending application for a development permit, the director may consolidate the request with the process for review of the application. If the director does not consolidate the request with an application, the director shall issue an interpretation within sixty (60) days of receipt of the request and publish it to the city website.

C. In making an interpretation, the director shall consider all of the following:

1. The applicable provisions of the code, including their purpose and context.

2. The applicable provisions of the comprehensive plan and other relevant codes and policies.

3. The impact of the interpretation on other provisions of the AMC.

4. The implications of the interpretation for development within the city as a whole.

D. The director may respond to inquiries regarding the applicability and interpretation of various code provisions prior to or outside the context of a formal request for an administrative interpretation.

E. An administrative interpretation is not binding on the director or city, or appealable, but the decision-maker on a relevant development permit application may treat an interpretation as persuasive authority.

(Ord. 6715 §§ 1, 2 (Exh. A), Repealed & Replaced, 11/13/2024)