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Auburn City Zoning Code

18.04 Definitions

18.04.010 General definitions.

Except where specifically defined in this chapter, all words used in this title shall carry their customary meanings. Words used in the present tense include the future, and the plural includes the singular, the word “shall” is always mandatory, the word “may” denotes a use of discretion in making a decision, and the words “used” or “occupied” shall be considered as though followed by the words “or intended, arranged or designed to be used or occupied.” (Ord. 6245 § 3, 2009; Ord. 4229 § 2, 1987.)

18.04.018 Accessory dwelling unit.

An “accessory dwelling unit” is a self-contained residential unit that is accessory to a single-unit detached housing or middle housing unit located on individually owned lots, where the accessory dwelling unit is located on the same lot. An accessory dwelling unit has its own bathroom, kitchen facilities, living and sleeping areas, though it can share other features with the primary unit, including the yard, parking, storage or laundry facilities. The accessory dwelling unit may be attached to or detached from the single-unit detached housing or middle housing unit(s). An accessory dwelling unit excludes accessory residential uses as defined in ACC 18.04.023. (Ord. 6959 § 1 (Exh. A), 2024; Ord. 6245 § 3, 2009; Ord. 5399 § 1, 2000.)

18.04.019 Accessible electric vehicle charging station.

Accessible electric vehicle charging station” means an electric vehicle charging station where the battery charging station equipment is located within accessible reach of a barrier-free access aisle (minimum 44-inch width) and the electric vehicle. (Ord. 6365 § 1, 2011.)

18.04.020 Accessory use.

Accessory use” means a use, a building or structure, or part of a building or other structure which is subordinate to and the use of which is incidental to that of the main building, structure or use on the same lot, including a residential garage. If an accessory building is attached to the main building by a common wall or roof, such accessory building shall be considered a part of the main building. Parking areas will not be considered an accessory use under this definition. See related definitions for “Accessory use, manufactured home community” and “Accessory use, residential.” (Ord. 6245 § 3, 2009; Ord. 4229 § 2, 1987.)

18.04.021 Accessory use, manufactured home community.

Manufactured home community accessory use” is a subordinate use which supports the principal manufactured home community use without displacing it. Manufactured home community accessory uses include but are not limited to recreation facilities, clubhouses, park offices, and utility rooms to serve the residents of the park only. (Ord. 6245 § 3, 2009.)

18.04.022 Adult book and video establishment.

Repealed by Ord. 5835. (Ord. 4469 § 1, 1990.)

18.04.023 Accessory use, residential.

Residential accessory use” means a subordinate use which supports the principal residential use without displacing it. The accessory residential use is typically located on the same lot occupied by the principal residential use. Residential accessory uses include residential garage, guest cottage, recreation room, tool shed, swimming pool, noncommercial greenhouse, private stable, barn, pen, coop, or similar structure. This use excludes accessory dwelling units, as defined in ACC 18.04.018, and manufactured home community accessory uses. (Ord. 6245 § 3, 2009.)

18.04.024 Adult entertainment establishment.

Repealed by Ord. 5835. (Ord. 4885 § 2, 1996; Ord. 4469 § 1, 1990.)

18.04.025 Administrative use.

Administrative use” means a use permitted in a zone only after review and approval by the planning director or designee. Administrative uses are those which typically have some potential for impacts to neighboring properties, but which may be permitted within a zone following review by the city to establish conditions mitigating impacts of the use and to assure compatibility with other uses in the zone. (Ord. 6269 § 27, 2009.)

18.04.027 Adult entertainment.

Repealed by Ord. 5835. (Ord. 4885 § 1, 1996.)

18.04.030 Adult motion picture theater.

Repealed by Ord. 5835. (Ord. 4469 § 1, 1990; Ord. 4229 § 2, 1987.)

18.04.031 Adult family home.

Adult family home” means a residential home licensed by the state in which a person or persons provide personal care, special care, room, and board to more than one but not more than six adults who are not related by blood or marriage to the person or persons providing the services. Adult family homes are not communal residences. (Ord. 6560 § 1, 2015; Ord. 6245 § 3, 2009.)

18.04.032 Adult uses.

Repealed by Ord. 5835. (Ord. 4885 § 3, 1996; Ord. 4469 § 1, 1990.)

18.04.035 Agricultural enterprise.

Agricultural enterprise” means a business enterprise which is engaged in, or related to, farming or agricultural production and other businesses and services supporting and promoting agriculture practices and the practice of locally and regionally grown foods. The term shall include the following:

A. Agritourism” means a business enterprise activity that includes operation of a working farm or any agricultural or horticultural operation that, while not an exclusive function, is open to the public on a seasonal basis for enjoyment, recreation, personal entertainment, or education.

B. Agricultural entertainment” means any event or activity that allows for recreation, entertainment, education and tourism associated with agricultural activities. (Ord. 6363 § 1, 2011.)

18.04.036 Agricultural store.

Agricultural store” means a retail food establishment, housed in a permanent structure, whose primary economic activity is the sale of local and regional agricultural products directly to consumers. An agricultural store may also include the sale of sundries, prepackaged food, bottled or canned beverages and freshly prepared food and beverages for consumption on site. (Ord. 6363 § 1, 2011.)

18.04.039 Aircraft operations.

Aircraft operations” means the movement of aircraft operating in the airport traffic pattern or within sight of the airport. A landing or takeoff is one operation. An aircraft that takes off and then lands creates two aircraft operations. (Ord. 6838 § 1 (Exh. A), 2021.)

18.04.040 Airport, heliport or aircraft landing field.

Airport,” “heliport,” or “aircraft landing field” means any runway, landing area or other facility whether publicly or privately owned or operated, and which is designed, used or intended to be used either by public carriers or by private aircraft for landing and taking off of aircraft. This definition includes all necessary taxiways, aircraft storage and tie-down areas, hangars and other necessary buildings and open spaces. This definition does not include manufacturing, servicing or testing facilities located in the vicinity of any landing area associated with the manufacturing or testing of commercial or military aircraft or activities associated therewith. (Ord. 6838 § 1 (Exh. A), 2021; Ord. 6245 § 3, 2009; Ord. 4229 § 2, 1987.)

18.04.050 Airport elevation.

Airport elevation” means the established elevation of the highest point on the usable landing area. (Ord. 6245 § 3, 2009; Ord. 4229 § 2, 1987.)

18.04.060 Airport hazard.

Airport hazard” means any structure, tree or use of land which obstructs the airspace required for, or is otherwise hazardous to, the flight of aircraft in landing or taking off at the airport. (Ord. 6245 § 3, 2009; Ord. 4229 § 2, 1987.)

18.04.070 Airport landing area.

Airport landing area” means the area of the airport used for the landing, taking off or taxiing of aircraft. (Ord. 6245 § 3, 2009; Ord. 4229 § 2, 1987.)

18.04.072 Airport manager.

Airport Manager. See definition in Chapter 12.56 ACC. (Ord. 6838 § 1 (Exh. A), 2021.)

18.04.080 Airport reference point.

Airport reference point” means the point established as the approximate geographic center of the airport landing area and so designated. (Ord. 6245 § 3, 2009; Ord. 4229 § 2, 1987.)

18.04.090 Alley.

Alley” means a public travel way or other public right-of-way under the jurisdiction and control of the city and not designated for general travel and used primarily as a means of access to the rear of residential and/or business establishments. (Ord. 6245 § 3, 2009; Ord. 4229 § 2, 1987.)

18.04.100 Amusement device, mechanical.

Mechanical amusement device” means any machine which, upon the insertion of a coin, slug, token, plate, disk, monetary bill or credit card, may be operated by the public generally for use as a game, entertainment or amusement, whether or not registering a score. It includes such devices as marble machines, pinball machines, skill ball, mechanical grab machines, video games and all games, operations or transactions similar thereto under whatever name they may be indicated to specify. “Mechanical amusement device” does not include pool tables. (Ord. 6245 § 3, 2009; Ord. 4229 § 2, 1987.)

18.04.105 Animal shelter, public.

Animal shelter, public” means a facility that is used to temporarily house or contain stray, homeless, abandoned or unwanted animals. The facility must be owned, operated, or maintained by one or more of the following: an animal care and control agency; humane society, or society for the prevention of cruelty to animals registered under Chapter 16.52 RCW, or another nonprofit organization devoted to the welfare, protection, and humane treatment of animals, when such society or organization is then under contract with an animal care and control agency. An animal shelter, public may provide supporting services, including medical care. (Ord. 6407 § 2, 2012.)

18.04.110 Apartment building.

Apartment building” means:

a. A building containing seven or more attached dwelling units, including a building containing nonresidential units if the building also contains seven or more attached dwelling units, but excluding the following classes of buildings:

i. Hotels and motels;

ii. Dormitories;

iii. Care facilities;

iv. Floating homes;

v. Middle housing;

vi. A building that contains attached dwelling units that are each located on a single platted lot;

vii. A building in which all of the dwelling units are held under one ownership and is subject to a recorded irrevocable sale prohibition covenant;

viii. A building with six or fewer units that is no more than three stories; and

ix. A building with six or fewer units that is no more than three stories so long as one story is utilized for parking, either above or below ground, or retail space. (Ord. 6959 § 1 (Exh. A), 2024; Ord. 6245 § 3, 2009; Ord. 4229 § 2, 1987.)

18.04.115 Apiary.

Apiary” (“apiaries”) means a place where honey bees (Apis mellifera) are kept; a collection of beehives. Beekeeping is included under this definition. (Ord. 6600 § 1, 2016.)

18.04.120 Arcade.

Arcade” means an entertainment venue featuring primarily video games, simulators, and/or other amusement devices where persons under 21 years of age are not restricted. (Ord. 6642 § 14, 2017; Ord. 6245 § 3, 2009; Ord. 4229 § 2, 1987.)

18.04.125 Assisted living facility.

Assisted living facility” means a combination of housing, supportive services, personalized assistance, and health care designed to respond to the individual needs of those who need help with activities of daily living. An establishment with a central or private kitchen, dining, recreational, and other facilities, with separate bedrooms or living quarters, where the emphasis of the facility remains residential. An assisted living facility is not a communal residence. (Ord. 6560 § 2, 2015; Ord. 6245 § 3, 2009; Ord. 6140 § 1, 2007.)

18.04.130 Automobile repair.

Automobile repair” includes fixing, incidental body or fender work, painting, and upholstering, engine tune-up, adjusting lights, installation/repair of electrical or electronic components, brakes, supplying and installing replacement parts to passenger vehicles and trucks. (Ord. 6245 § 3, 2009; Ord. 4229 § 2, 1987.)

18.04.140 Automobile service station.

Repealed by Ord. 6433. (Ord. 6245 § 3, 2009; Ord. 4229 § 2, 1987.)

18.04.150 Automobile wrecking.

Automobile wrecking” means the dismantling or disassembling of used motor vehicles or trailers, the storage, sale or dumping of dismantled, obsolete, or wrecked vehicles or their parts, and the towing of such vehicles or parts in connection with such activity. (Ord. 6245 § 3, 2009; Ord. 4229 § 2, 1987.)

18.04.160 Automobile wrecking yard.

Automobile wrecking yard” means any premises devoted to automobile wrecking. (Ord. 6245 § 3, 2009; Ord. 4229 § 2, 1987.)

18.04.170 Automobile, trailer, equipment sales area.

Automobile, trailer and equipment sales area” means an open area, other than a street or alley, used for the display, sale or rental of new or used automobiles, trucks, trailers or other equipment. (Ord. 6245 § 3, 2009; Ord. 4229 § 2, 1987.)

18.04.171 Battery charging station.

Battery charging station” means an electrical component assembly or cluster of component assemblies designed specifically to charge batteries within electric vehicles, which meet or exceed any standards, codes, and regulations set forth by Chapter 19.28 RCW and consistent with rules adopted under RCW 19.27.540. (Ord. 6365 § 1, 2011.)

18.04.172 Battery electric vehicle (BEV).

Battery electric vehicle (BEV)” means any vehicle that operates exclusively on electrical energy from an off-board source that is stored in the vehicle’s batteries, and produces zero tailpipe emissions or pollution when stationary or operating. (Ord. 6365 § 1, 2011.)

18.04.173 Battery exchange station.

Battery exchange station” means a fully automated facility that will enable an electric vehicle with a swappable battery to enter a drive lane and exchange the depleted battery with a fully charged battery through a fully automated process, which meets or exceeds any standards, codes, and regulations set forth by Chapter 19.27 RCW and consistent with rules adopted under RCW 19.27.540. (Ord. 6365 § 1, 2011.)

18.04.175 Bed and breakfast.

Bed and breakfast” means a residential home maintained by an on-premises owner that provides no more than six guest rooms which are used, rented, or hired out to guests to be occupied for sleeping purposes, and which may also offer communal dining services. (Ord. 6245 § 3, 2009.)

18.04.180 Boardinghouse.

Repealed by Ord. 6477. (Ord. 6245 § 3, 2009; Ord. 4229 § 2, 1987.)

18.04.185 Brew pub.

Repealed by Ord. 6368. (Ord. 6245 § 3, 2009; Ord. 5382 § 1, 2000.)

18.04.190 Building.

Building” means any structure having a roof supported by columns or walls used or intended to be used for the shelter or enclosure of persons, animals or property of any kind. (Ord. 6245 § 3, 2009; Ord. 4229 § 2, 1987.)

18.04.192 Building and landscape materials sales.

Building and landscape material sales” means a retail or wholesale establishment selling hardware, lumber and other large building materials, plant materials, and other landscaping materials. (Ord. 6433 § 3, 2012.)

18.04.194 Building contractor, heavy.

Building contractor, heavy” means businesses relating to the heavy construction trades including but not limited to: excavation work, highway and street construction; heavy construction, masonry and concrete work and water well drilling. These types of businesses generally have heavy equipment that may be stored outside. (Ord. 6433 § 4, 2012.)

18.04.195 Building contractor, light.

Building contractor, light” means businesses relating to the building trades including but not limited to: plumbing, heating, air conditioning; painting, paperhanging and decorating; electrical; carpentry and flooring; roofing and sheet metal. These types of businesses generally do not have heavy equipment or building materials stored outside. (Ord. 6433 § 5, 2012.)

18.04.200 Building height.

Height of building” means the vertical distance measured from the finished grade to the highest point of the roof for flat roofs, to the deck line of mansard roofs, and to the mean height between eaves and ridge for gable, hip and gambrel roofs. If a structure has none of the above features then the height shall be measured from the finished grade to the highest portion of the structure. See Figure 18.04.200.

(Ord. 6245 § 3, 2009; Ord. 4229 § 2, 1987.)

18.04.210 Building, main.

Main building” means the principal building or buildings on a lot or building site designed or used to accommodate the primary use to which the premises are devoted. (Ord. 6245 § 3, 2009; Ord. 4229 § 2, 1987.)

18.04.220 Building official.

Repealed by Ord. 6245. (Ord. 4229 § 2, 1987.)

18.04.230 Building site.

Building site” means a parcel of land assigned to a use, to a main building, or to a main building and its accessory buildings, together with all yards and open spaces required by this title. (Ord. 6245 § 3, 2009; Ord. 4229 § 2, 1987.)

18.04.235 Built green.

Built green” means an environmental building program locally administered by the Master Builders Association of King and Snohomish Counties which provides rating systems which quantify environmentally friendly building practices for remodeling and new residential construction. The construction must qualify for a minimum number of points in order to be certified as “built green.” Each building receives a one- to five-star rating based on the builder’s ability to meet the sustainable design standards. (Ord. 6245 § 3, 2009; Ord. 6036 § 5, 2006.)

18.04.235.1 Caretaker apartment.

Caretaker apartment” means an accessory housing unit that is permitted in association with a commercial or industrial use where no residential dwelling exists, for the express purpose of providing a housing unit for on-site security or operations personnel. (Ord. 6433 § 6, 2012.)

18.04.236 Charging levels.

Charging levels” means the standardized indicators of electrical force, or voltage, at which an electric vehicle’s battery is recharged. The terms “1,” “2,” and “3” are the most common EV charging levels, and include the following specifications:

A. Level 1 is considered slow charging.

B. Level 2 is considered medium charging.

C. Level 3 is considered fast or rapid charging. (Ord. 6365 § 1, 2011.)

18.04.237 Chicken coop.

Chicken coop” means a building for housing and weather protection for domestic fowl. The chicken coop is treated as an accessory structure. (Ord. 6600 § 2, 2016.)

18.04.238 Chicken run.

Chicken run” or “chicken pen” means an area enclosed by fencing or netting which may or may not be connected to a coop within which domestic fowl can move about freely within a limited portion of the property or site. (Ord. 6600 § 3, 2016.)

18.04.240 Commercial use.

Commercial use” shall mean any activity or use of land which involves the buying, selling, processing or improving of things not produced on the land and having financial gain as the primary aim of the activity or use; whether or not such activity or use be for hire or on account of the buyer, seller, processor, or improver. (Ord. 6245 § 3, 2009; Ord. 4229 § 2, 1987.)

18.04.245 Commercial vehicle.

Commercial vehicle” means semi-truck tractors and/or semi-trailers (over 26,001 pounds gross vehicle weight rating) used in any commercial enterprise. (Ord. 6245 § 3, 2009; Ord. 6019 § 1, 2006.)

18.04.246 Commercial recreation facility, indoor.

Commercial recreation facility, indoor” means a private for-profit or nonprofit establishment offering recreation or providing entertainment or games of skill to the general public for a fee or charge and wholly enclosed in the building. Typical uses include athletic and health club, pool or billiard hall, indoor swimming pool, bowling alley, skating rink or climbing gyms. (Ord. 6433 § 7, 2012.)

18.04.247 Commercial recreation facility, outdoor.

Commercial recreation facility, outdoor” means a private for-profit or nonprofit establishment offering recreation or providing entertainment or games of skill to the general public for a fee or charge where any portion of the activity takes place in the open, excluding public parks. Typical uses include: racetracks; miniature golf; skateboard park; swimming and wading; therapeutic facilities; tennis, handball, basketball courts; batting cages; and trampoline facilities. (Ord. 6433 § 8, 2012.)

18.04.248 Community retail establishment.

Community retail establishment” means stores, shops and businesses either individually or in a shared space setting serving a geographic area of the city that engage in merchandise sales. (Ord. 6433 § 9, 2012.)

18.04.249 Communal residence.

Communal residence” is a business operated out of a single residential home without an owner occupant residing therein, where the residential home, or portions thereof, is/are rented to more than one individual through separate, unrelated lease or rental agreements. The fact that the individuals rent the residence or a portion thereof through separate, unrelated lease or rental agreements shall be prima facie evidence that the individuals are unrelated and do not meet the definition of “family” per ACC 18.04.360. Adult family homes, foster care homes, group residence facilities, special needs housing, and supportive housing are not communal residences. (Ord. 6560 § 3, 2015; Ord. 6477 § 10, 2013.)

18.04.250 Comprehensive plan.

Comprehensive plan” means the comprehensive plan for the Auburn planning area, as now constituted, or hereafter amended, or its successor. (Ord. 6245 § 3, 2009; Ord. 4229 § 2, 1987.)

18.04.260 Conditional use.

Conditional use” means a use permitted in a zone only after review and approval by the hearing examiner. Conditional uses are such that they may be compatible only on certain conditions in specific locations in a zone, or if the site is regulated in a certain manner in order to achieve the purposes of this title. (Ord. 6245 § 3, 2009; Ord. 6185 § 1, 2008; Ord. 4229 § 2, 1987.)

18.04.265 Condominium.

Condominium” means a form of ownership in which individuals purchase and own individual units in a multi-unit complex and jointly own and share financial responsibility for certain common areas. Residential condominiums in multifamily buildings differ from apartments in that each unit is individually owned, and any land in the project is owned in common by all householders. (Ord. 6959 § 1 (Exh. A), 2024; Ord. 6245 § 3, 2009.)

18.04.270 Conforming use.

Conforming use” means an activity the nature and type of which is permitted in the zone in which the property on which it is established is located. (Ord. 6245 § 3, 2009; Ord. 4229 § 2, 1987.)

18.04.280 Contract rezone.

Repealed by Ord. 6245. (Ord. 4229 § 2, 1987.)

18.04.282 Convenience store.

Convenience store” means a small retail establishment that offers convenience goods for sale, such as prepackaged food items, beverages, tobacco, personal care items, and other household goods and often characterized by 24 hours a day operations. These stores can be part of a fueling station or an independent facility. (Ord. 6433 § 10, 2012.)

18.04.283 Crematorium.

Crematorium” means a facility for the burning of corpses, human or animal, to ashes either as a principal use or as an accessory use. Crematoriums do not include establishments where incinerators are used to dispose of toxic or hazardous materials, infectious materials or narcotics. (Ord. 6433 § 11, 2012.)

18.04.285 Dangerous waste.

Dangerous waste” means those solid wastes designated in WAC 173-303-070 through 173-303-103 as dangerous waste. (Ord. 6245 § 3, 2009; Ord. 4294 § 2, 1988.)

18.04.290 Daycare center, nursery school, preschool.

Daycare center,” “nursery school,” or “preschool” means any type of group daycare programs, for children or adults, including nursery schools for children under minimum age for education in public schools, parent cooperative nursery schools, playgroups for preschool children, covering afterschool care for school children, and programs which provide organized learning and education experiences, provided such establishments are licensed by the state and conducted in accordance with state requirements. For the purpose of this title the following shall also apply to daycare center, nursery schools or preschools:

A. Babysitting care” means a dwelling which provides occasional custodial care to children, for periods of less than 24 hours, who do not reside within the residence of the person providing the care. Babysitting care is not necessarily provided in exchange for compensation.

B. Home based daycare” means a licensed daycare that regularly provides daycare for not more than 12 children or adults in the provider’s home in the family living quarters, for periods of less than 24 hours.

C. Mini daycare center” means a place, other than the home of the provider, which provides regular custodial care for one to 12 children, for periods of less than 24 hours.

D. Daycare center” means a place, other than the home of the provider, which provides regular custodial care for 12 or more children, for periods of less than 24 hours.

E. Preschool/nursery school” means a place, other than the home of the provider, which provides regular custodial care and/or organized learning and educational experiences for children. (Ord. 6245 § 3, 2009; Ord. 4705 § 2, 1994; Ord. 4229 § 2, 1987.)

18.04.294 Designated accessible space.

Designated accessible space” means a required accessible parking space designated for the exclusive use of parking vehicles with a state disabled parking permit, in accordance with WAC 51-50-005, the International Building Code requirements for barrier-free accessibility. (Ord. 6365 § 1, 2011.)

18.04.295 Designated facility zone.

Designated facility zone” means a zone in which hazardous waste treatment and storage facilities are allowed uses, subject to the state siting criteria designated in Chapter 70.105 RCW. (Ord. 6245 § 3, 2009; Ord. 4294 § 2, 1988.)

18.04.300 Density.

Density” is a measure of population, housing units, or building area related to land area, and is expressed as a ratio, e.g., units per acre or square feet of lot area per unit. See ACC 18.02.065 for the methodology for calculating density. (Ord. 6959 § 1 (Exh. A), 2024; Ord. 6661 § 2, 2018; Ord. 6245 § 3, 2009; Ord. 4229 § 2, 1987.)

18.04.301 Density, base.

Repealed by Ord. 6959. (Ord. 6245 § 3, 2009.)

18.04.302 Density bonus.

Density bonus” refers to residential units allowed in excess of the base density of a particular zone. Density bonuses may be granted to residential developers within a certain distance of a high capacity transit stop, inclusion of affordable housing, or in exchange for recognized public benefits pursuant to Chapters 18.02 and 18.25 ACC. (Ord. 6959 § 1 (Exh. A), 2024; Ord. 6245 § 3, 2009.)

18.04.303 Density, minimum.

Minimum density” refers to the least number of dwelling units or lots allowed per land area in a specific zone, expressed as a ratio. For example, in a zone with a minimum density of 12 units per acre, development of a two-acre lot would require a minimum of 24 units. (Ord. 6959 § 1 (Exh. A), 2024; Ord. 6245 § 3, 2009.)

18.04.310 Development standards.

Development standards” means regulations pertaining to setbacks, landscaping, height, site coverage, signs, building layout, site design and related features of land use. (Ord. 6245 § 3, 2009; Ord. 4229 § 2, 1987.)

18.04.318 Dripline.

Dripline” means an area encircling the base of a tree, the minimum extent of which is delineated by a vertical line extending from the outer limit of a tree’s branch tips down to the ground. (Ord. 6387 § 2, 2011.)

18.04.320 District.

Repealed by Ord. 6245. (Ord. 4229 § 2, 1987.)

18.04.325 Domestic fowl and poultry.

Domestic fowl and poultry” includes all species of chickens, turkeys, geese, ducks, pigeons or other fowl or poultry of similar size and character. Roosters and peafowl are not included in this definition and are not permitted. (Ord. 6600 § 6, 2016; Ord. 6369 § 5, 2011.)

18.04.330 Dwelling.

Dwelling” means a building designed exclusively for residential purposes for occupancy by a person, family, or unrelated group with one or more rooms for living and sleeping purposes, containing kitchen facilities and rooms with internal accessibility, including single-unit detached housing, middle housing, apartments, and accessory dwelling units, but not including recreational vehicles, or hotels or motel units without kitchens. (Ord. 6959 § 1 (Exh. A), 2024; Ord. 6565 § 1, 2015; Ord. 6477 § 3, 2013; Ord. 6245 § 3, 2009; Ord. 4229 § 2, 1987.)

18.04.340 Dwellings, types of.

Types of dwellings” means:

A. Dwelling, Single-Unit Detached. Single-unit detached” means a detached building, not connected to another building, designed exclusively for occupancy by one family or communal residence and containing one dwelling unit that is permanently attached to the ground. A manufactured home may be considered a single-unit detached dwelling if sited per ACC 18.31.050. This dwelling type was previously called “single family” and is synonymous with “single-unit detached housing.”

B. Dwelling, Middle Housing. Middle housingdwellings include the following housing types:

1. Townhouse” means a detached structure that contains three or more attached dwelling units that extend from foundation to roof and that have a yard or public way on not less than two sides, each with its own front and rear access to the outside.

2. Duplex” means a detached structure consisting of two individual dwelling units that is in a horizontal or stacked layout, does not have interior openings between dwelling units, and which dwelling units share common walls.

3. Triplex” means a detached structure consisting of three individual dwelling units that is in a horizontal or stacked layout, does not have interior openings between dwelling units, and which dwelling units share common walls.

4. Fourplex” means a detached structure consisting of four individual dwelling units that is in a horizontal or stacked layout, does not have interior openings between dwelling units, and which dwelling units share common walls.

5. Fiveplex” means a detached structure consisting of five individual dwelling units that is in a horizontal or stacked layout, does not have interior openings between dwelling units, and which dwelling units share common walls.

6. Sixplex” means a detached structure consisting of six individual dwelling units that is in a horizontal or stacked layout, does not have interior openings between dwelling units, and which dwelling units share common walls.

7. Stacked flat” means dwelling units in a residential building of no more than three stories on a lot in which each floor may be separately rented or owned. Duplexes and triplexes may be arranged as stacked flats.

8. Cottage housing” means residential units on a lot with a common open space that either: (a) is owned in common; or (b) has units owned as condominium units with property owned in common and a minimum of 20 percent of the lot size as open space. Courtyard housing standards in ACC 18.25.050 apply to cottage housing. This definition of cottage housing does not apply to “guest cottages” of ACC 18.04.450.

9. Courtyard apartments” means a residential structure consisting of multiple attached side-by-side and/or stacked dwelling units oriented around a yard or court on two or three sides.

C. Dwelling, Apartment. Apartment” means a building designed for occupancy by seven or more families or communal residences living independently of each other and containing seven or more dwelling units. Apartment units may be located in a mixed-use development. This dwelling type was previously called “multiple-familydwellings. (Ord. 6959 § 1 (Exh. A), 2024; Ord. 6477 § 4, 2013; Ord. 6245 § 3, 2009; Ord. 6162 § 1, 2008; Ord. 4229 § 2, 1987.)

18.04.350 Dwelling unit.

Dwelling unit” means one or more rooms designed for or occupied by one family or communal residence for living or sleeping purposes and containing kitchen facilities. All rooms comprising a dwelling unit shall have access through an interior door to other parts of the dwelling unit. An efficiency apartment, also known as a studio apartment, constitutes a dwelling unit within the meaning of this title. (Ord. 6477 § 5, 2013; Ord. 6245 § 3, 2009; Ord. 4229 § 2, 1987.)

18.04.351 Electric scooters and motorcycles.

Electric scooters and motorcycles” means any two- or three-wheel vehicle or scooter or motorcycle under state law that operates exclusively on electrical energy from an off-board source that is stored in the vehicle’s batteries and produces zero emissions or pollution when stationary or operating. (Ord. 6365 § 1, 2011.)

18.04.352 Electric vehicle.

Electric vehicle” means any vehicle that operates, either partially or exclusively, on electrical energy from the grid, or an off-board source, that is stored on-board for motive purpose. “Electric vehicle” includes: (1) a battery electric vehicle; (2) a plug-in hybrid electric vehicle; (3) a neighborhood electric vehicle; and (4) a medium-speed electric vehicle. (Ord. 6365 § 1, 2011.)

18.04.353 Electric vehicle charging station.

Electric vehicle charging station” means a public or private parking space that is served by battery charging station equipment that has as its primary purpose the transfer of electric energy (by conductive or inductive means) to a battery or other energy storage device in an electric vehicle. An electric vehicle charging station equipped with Level 1 or Level 2 charging equipment is permitted outright as an accessory use to any principal use. (Ord. 6365 § 1, 2011.)

18.04.354 Electric vehicle charging station – Restricted.

Electric vehicle charging station – restricted” means an electric vehicle charging station that is (1) privately owned and restricted access (e.g., single-family home, executive parking, designated employee parking) or (2) publicly owned and restricted (e.g., fleet parking with no access to the general public). (Ord. 6365 § 1, 2011.)

18.04.355 Extremely hazardous waste.

Extremely hazardous waste” means those solid wastes designated in WAC 173-303-070 through 173-303-103 as extremely hazardous waste. (Ord. 6245 § 3, 2009; Ord. 4294 § 2, 1988.)

18.04.356 Electric vehicle charging station – Public.

Electric vehicle charging station – public” means an electric vehicle charging station that is (1) publicly owned and publicly available (e.g., park and ride parking, public library parking lot, on-street parking) or (2) privately owned and publicly available (e.g., shopping center parking, nonreserved parking in multifamily parking lots). (Ord. 6365 § 1, 2011.)

18.04.357 Electric vehicle infrastructure.

Electric vehicle infrastructure” means structures, machinery, and equipment necessary and integral to support an electric vehicle, including battery charging stations, rapid charging stations, and battery exchange stations. (Ord. 6365 § 1, 2011.)

18.04.358 Electric vehicle parking space.

Electric vehicle parking space” means any marked parking space that identifies the use to be exclusively for the parking of an electric vehicle. (Ord. 6365 § 1, 2011.)

18.04.359 Emergency housing.

Emergency housing” means temporary indoor accommodations for individuals or families who are homeless or at imminent risk of becoming homeless that is intended to address the basic health, food, clothing, and personal hygiene needs of individuals or families. Emergency housing may or may not require occupants to enter into a lease or an occupancy agreement. (Ord. 6959 § 1 (Exh. A), 2024.)

18.04.360 Emergency shelter.

Emergency shelter” means a facility that provides a temporary shelter for individuals or families who are currently homeless. Emergency shelter may not require occupants to enter into a lease or an occupancy agreement. Emergency shelter facilities may include day and warming centers that do not provide overnight accommodations. (Ord. 6959 § 1 (Exh. A), 2024.)

18.04.361 Entertainment, commercial.

Entertainment, commercial” means spectator entertainment for commercial purposes. This use includes theaters, concert halls, nightclubs, or comedy clubs, but does not include cabarets, licensed under ACC 5.20.130(B), and adult entertainment, licensed under Chapter 5.30 ACC. (Ord. 6959 § 1, 2024; Ord. 6433 § 12, 2012. Formerly 18.04.359.)

18.04.362 Family.

Family” means a person living alone, two or more persons related by blood or marriage, or any other analogous family union recognized under federal and/or state statute, as distinguished from a group occupying a hotel, club, or communal residence. For the purposes of this definition, minors living with a parent shall not be counted as part of the maximum number of residents. The purpose of defining family is to assist in the regulation of occupancy standards within dwelling units and to define different types of structures; it is not intended to interfere with the civil rights of individuals who establish relationships under the terms of state and federal laws. (Ord. 6959 § 1 (Exh. A), 2024; Ord. 6477 § 6, 2013; Ord. 6245 § 3, 2009; Ord. 4229 § 2, 1987. Formerly 18.04.360.)

18.04.365 FAR Part 77 surfaces.

FAR Part 77 Surfaces. The Federal Aviation Administration’s Federal Aviation Regulations (FAR) Part 77 surfaces are the imaginary airspace surfaces established with any relation to each runway of an airport. There are five types of surfaces: (A) primary, (B) approach, (C) transitional, (D) horizontal, and (E) conical. These surfaces are above and around airports and require protection from potential obstructions that might interfere with airport traffic and potentially create a safety risk to aircraft occupants and persons on the ground. An object or structure with an elevation higher than the FAR Part 77 surface elevation is considered to penetrate the FAR Part 77 surfaces and constitutes an obstruction to navigable airspace. “Navigable airspace” is defined by the FAA pursuant to CFR Title 14, Part 77, imaginary surfaces. (Ord. 6838 § 1 (Exh. A), 2021.)

18.04.370 Fence.

Fence” means a masonry wall or a barrier generally composed of posts connected by boards, rails, panels, or wire for the purpose of enclosing space, functional areas, or separating parcels of land. The term “fence” does not include retaining walls or rockeries when a separate structure. The term also does not include hedges, trees, or other natural growth. (Ord. 6884 § 1 (Exh. 1), 2022; Ord. 6245 § 3, 2009; Ord. 4229 § 2, 1987.)

18.04.371 Fence, opacity.

Fence opacity” is the degree to which light or views are blocked. Opacity is measured perpendicular to the fence for each fence section between supports.

(Ord. 6884 § 1 (Exh. 1), 2022.)

18.04.372 Fence, screened.

Screened fence” means a fence that is between 70 to 100 percent opaque, and provides a high degree of visual buffering between two areas. A screened fence may consist of wood, vinyl, or metal. A chain link fence interwoven with slats in every row or available space is considered a screened fence. (Ord. 6884 § 1 (Exh. 1), 2022; Ord. 6245 § 3, 2009.)

18.04.373 Fence, visibility.

Visibility fence” means a fence that is 50 percent or less opaque is generally considered to provide visibility. (Ord. 6884 § 1 (Exh. 1), 2022.)

18.04.374 Fence, 100 percent sight-obscuring.

One hundred percent sight-obscuring fence” means a fence that is 100 percent opaque, completely obstructs view between two areas or completely obstructs view between two adjoining uses. A sight-obscuring fence shall be constructed of solid wood, metal, concrete, or other appropriate material which totally conceals the subject use from adjoining uses. (Ord. 6884 § 1 (Exh. 1), 2022; Ord. 6245 § 3, 2009.)

18.04.376 Retaining wall.

Retaining wall” means a structure designed and constructed to hold soil, earth, or like material in place, or to resist lateral pressure of materials to create or maintain a change in ground elevation. Such walls can be of various types including gravity, cantilevered, anchored, or piling walls and can be comprised of various materials including concrete, stone, or masonry units. The term “retaining wall” does not include fences. (Ord. 6884 § 1 (Exh. 1), 2022.)

18.04.380 Floor area.

Floor area” means total floor area within the walls of all buildings on a lot or building site, except for the spaces therein devoted to vents, shafts and light courts and except for the area devoted exclusively to loading and unloading facilities and to parking of motor vehicles. (Ord. 6245 § 3, 2009; Ord. 4229 § 2, 1987.)

18.04.390 Foster care home.

Foster care home” means a home which provides regular care for up to four developmentally disabled adults, or up to four adults who are recipients of state or federal financial assistance services, or up to four foster children under the age of 18, or up to three expectant mothers in a residential structure of the person or persons under whose direct care and supervision the people are placed. A foster care home is not a communal residence. (Ord. 6560 § 4, 2015; Ord. 6245 § 3, 2009; Ord. 4229 § 2, 1987.)

18.04.395 Fueling station.

Fueling station” means a retail business selling gasoline or other motor vehicle fuels primarily to passenger vehicles. Includes alternative fuels and recharging facilities which are commercial facilities offering motor vehicle fuels not customarily offered by commercial refueling stations (e.g., liquid propane gas) as well as equipment to recharge electric powered vehicles. This classification includes customary incidental activities when performed in conjunction with the sale of fuel, such as vehicle maintenance and repair, vehicle washing, and electric vehicle battery swap-out, but excludes body and fender work or repair of heavy trucks or vehicles. (Ord. 6433 § 13, 2012.)

18.04.400 Garage or carport, residential.

Residential garage or carport” means a building or a portion of a building principally used for vehicular equipment such as automobiles, boats, etc., in which only motor vehicles used by the tenants of the building or buildings on the premises are stored or kept. (Ord. 6245 § 3, 2009; Ord. 4304 § 1(1), 1988; Ord. 4229 § 2, 1987.)

18.04.410 Garage, commercial.

Commercial garage” means any garage not a residential garage, and which is used for storage, repair, rental, servicing or supplying of gasoline or oil to motor vehicles. (Ord. 6245 § 3, 2009; Ord. 4229 § 2, 1987.)

18.04.411 Golf course.

See ACC 18.04.746, Private country clubs and golf courses, excluding driving ranges. (Ord. 6245 § 3, 2009.)

18.04.412 Governmental facilities.

Governmental facilities” means facilities of any unit of city, county, state, federal, or special district government. Types of facilities include community centers, vehicle and driver licensing offices, public works maintenance and operations facilities, courts of law, school support facilities, and other types of city, county, state, school district, special district, or federal facilities. This definition excludes jails, municipal parks, transit facilities, sewage treatment plants, schools, municipally owned airports, libraries, and utility facilities and substations as defined in this chapter. (Ord. 6245 § 3, 2009.)

18.04.420 Grade.

Grade” means the average of the finished ground level at the center of all exterior walls of a building. In case walls are within five feet of a public sidewalk, alley or other public way, the grade shall be the elevation of the sidewalk, alley or public way. (Ord. 6245 § 3, 2009; Ord. 4229 § 2, 1987.)

18.04.425 Green building practices.

Green building practices” (as defined by the U.S. Green Building Council, Leadership in Energy and Environmental Design [LEED] Program) means practices that conserve resources, use recycled content materials, maximize energy efficiency, and otherwise consider environmental, economic, and social benefits in the design and construction of a building project. See ACC 18.04.525 for more information on LEED. (Ord. 6245 § 3, 2009; Ord. 6036 § 6, 2006.)

18.04.430 Gross floor area.

Gross floor area” includes all floor area within the exterior walls of the building including area in halls, storage, and partitions, but excluding furnace and similar utility space used solely to maintain the building for occupancy. (Ord. 6245 § 3, 2009; Ord. 4229 § 2, 1987.)

18.04.440 Group residence facility.

Group residence facility” means a facility licensed by the state and operated with full-time supervision for housing resident persons who, by reason of their mental or physical disability, addiction to drugs or alcohol, or family and social adjustment problems, require a transitional nonmedical treatment program for rehabilitation and social readjustment. For the purposes of this title, a nonmedical treatment program consists of counseling, vocational guidance, training, group therapy and other similar rehabilitative services but does not include drug and/or alcohol detoxification. Monitoring the taking of prescription medication shall be permitted. The use of medication by any resident shall be incidental to that person’s residence in the facility and shall not be a criterion for residence in the facility. This definition does not include residential dwellings which meet all other requirements of this title, that provide programs related to this definition or which provide services of a nursing home as defined by ACC 18.04.660. A group residence facility is not a communal residence. (Ord. 6560 § 5, 2015; Ord. 6245 § 3, 2009; Ord. 4590 § 2 (Exh. A), 1992; Ord. 4304 § 1(2), 1988; Ord. 4229 § 2, 1987.)

18.04.445 Growth center.

Growth centers” are walkable, pedestrian-oriented, compact areas of the city and are the basis for achieving neighborhoods where residents can meet more of their everyday needs within an easy walk of their homes. They are complete neighborhoods with commercial development (grocery stores, restaurants, markets, shops, etc.), housing options, a variety of employment types, open space and parks, and other public gathering places. They are located adjacent to the public transit network. Growth centers allow for a mix of commercial and residential uses in vertical or horizontal configurations, with the central core of a growth center. (Ord. 6959 § 1 (Exh. A), 2024.)

18.04.450 Guest cottage.

Guest cottage” means an accessory, detached building with bathroom, living and sleeping areas without any kitchen facilities designed for and used to house nonpaying guests of the occupants of the main dwelling. (Ord. 6959 § 1 (Exh. A), 2024; Ord. 6245 § 3, 2009; Ord. 4229 § 2, 1987.)

18.04.452 Hazardous material.

Hazardous material” means a substance or materials in a quantity or form that may pose an unreasonable risk to health, safety or property when stored, transported or used in commerce. For specific definitions of hazardous materials see Code of Federal Regulations, Title 49, as amended; the International Fire Code, as amended; and the Valley Regional Fire Authority General Hazardous Materials Guidelines, as amended. (Ord. 6245 § 3, 2009; Ord. 4294 § 2, 1988; Ord. 4229 § 2, 1987.)

18.04.453 Hazardous substance.

Hazardous substance” means any liquid, solid, gas or sludge, including any material, substance, product, commodity or waste, regardless of quantity, that exhibits any of the characteristics or criteria of hazardous waste as defined by Chapter 713-303 WAC. (Ord. 6245 § 3, 2009; Ord. 4294 § 2, 1988.)

18.04.454 Hazardous substance processing or handling.

Hazardous waste processing or handling” means the use, storage, manufacture, production or other land use activity involving hazardous substances. Hazardous substances processing and handling activities do not include individually packaged household consumer products or quantities of hazardous substances of less than five gallons in volume per container. (Ord. 6245 § 3, 2009; Ord. 4294 § 2, 1988.)

18.04.455 Hazardous waste.

Hazardous waste” means and includes all dangerous (see ACC 18.04.285) and extremely hazardous waste (see ACC 18.04.355). (Ord. 6245 § 3, 2009; Ord. 4294 § 2, 1988.)

18.04.456 Hazardous waste storage.

Hazardous waste storage” means the holding of hazardous waste for a temporary period. Accumulation of waste on the site of generation is not storage as long as the storage complies with applicable requirements of Chapter 173-303 WAC. (Ord. 6245 § 3, 2009; Ord. 4294 § 2, 1988.)

18.04.457 Hazardous waste treatment.

Hazardous waste treatment” means the physical, chemical or biological processing of dangerous waste to make such wastes nondangerous or less dangerous, safer for transport, or amenable for energy or material resource recovery. (Ord. 6245 § 3, 2009; Ord. 4294 § 2, 1988.)

18.04.458 Hazardous waste treatment and storage facility, off-site.

Off-site hazardous waste treatment and storage facility” means the treatment and storage of hazardous wastes from generators on properties other than that on which the off-site facility is located. (Ord. 6245 § 3, 2009; Ord. 4294 § 2, 1988.)

18.04.459 Hazardous waste treatment and storage facility, on-site.

On-site hazardous waste treatment and storage facility” means the treatment and storage of hazardous wastes generated on the same site. (Ord. 6245 § 3, 2009; Ord. 4294 § 2, 1988.)

18.04.460 Home occupation.

Home occupation” means any activity undertaken for gain or profit and carried on in a dwelling, or building accessory to a dwelling. (Ord. 6245 § 3, 2009; Ord. 4229 § 2, 1987.)

18.04.465 Homeless encampment.

Homeless encampment” means an emergency homeless encampment hosted by a religious organization, which provides temporary housing to homeless persons. (Ord. 6977 § 1 (Exh. A), 2025; Ord. 6245 § 3, 2009; Ord. 6014 § 2, 2006.)

18.04.466 Horse riding, commercial.

Commercial horse riding” means a land use established for the purpose of providing equestrian trails or other facilities for riding and keeping horses for a fee. This use includes bridle trails. (Ord. 6245 § 3, 2009.)

18.04.470 Hospital.

Hospital” means an institution specializing in giving clinical, temporary and emergency services of a medical or surgical nature to human patients and which is licensed by state law to provide facilities including overnight accommodations and services in surgery, obstetrics and general medical practice. This definition does not include small animal hospitals or clinics, or veterinary clinics, as defined in ACC 18.04.480. (Ord. 6245 § 3, 2009; Ord. 4229 § 2, 1987.)

18.04.480 Hospital or clinic, small animal.

Small animal hospital or clinic” means an establishment in which veterinary medical services and/or clipping, bathing and similar services are rendered to dogs, cats and other small animals and domestic pets, not including kennels. This definition does not include hospitals as defined in ACC 18.04.470. (Ord. 6245 § 3, 2009; Ord. 4304 § 1(3), 1988; Ord. 4229 § 2, 1987.)

18.04.485 Host agency.

Host agency” means the owner of the property, being a religious institution or other organization, that joins a sponsoring agency in an application for indoor emergency housing, indoor emergency shelters, permanent supportive housing, and transitional housing for providing basic services and support to residents, such as hot meals, coordination of other needed donations and services, etc. (Ord. 6977 § 1 (Exh. A), 2025; Ord. 6245 § 3, 2009; Ord. 6014 § 3, 2006.)

18.04.490 Hotel.

Hotel” means any building containing six or more guest rooms intended or designed to be used, or which are used, rented, or hired out to be occupied, or which are occupied for sleeping purposes by guests, and includes additional amenities such as banquet halls and meeting facilities. Hotels include but are not limited to motels and extended stay hotel accommodations. Hotels do not include renting of rooms, boardinghouses, or bed and breakfast accommodations. (Ord. 6245 § 3, 2009; Ord. 4229 § 2, 1987.)

18.04.495 Household pet.

Recodified to ACC 18.04.823 by Ord. 6600. (Ord. 6369 § 1, 2011; Ord. 6245 § 3, 2009; Ord. 5777 § 1, 2003; Ord. 4229 § 2, 1987. Formerly 18.04.720.)

18.04.496 Housing rehabilitation.

Housing rehabilitation” means the renovation of an existing housing unit for the purpose of preserving existing housing stock, often as a means to provide affordable housing within an established residential neighborhood. See Chapter 18.49 ACC. (Ord. 6245 § 3, 2009.)

18.04.497 Impervious surface.

Impervious surface” means a hard surface area which either prevents or retards the entry of water into the soil mantle as under natural conditions prior to development. A hard surface which causes water to run off the surface in greater quantities or at an increased rate of flow from the flow present under natural conditions prior to development. (Ord. 6245 § 3, 2009.)

18.04.498 Incidental.

Incidental” means reasonably related, as determined by the planning director. One use is incidental to another when it is reasonably related to another (i.e., a garage is incidental to the single-family dwelling unit). (Ord. 6245 § 3, 2009.)

18.04.499 Intensity.

Intensity” refers to the level of development or activity on a site, in terms of both the nature of uses and the concentration of those uses as indicated by residential density (dwelling units per acre) or floor area ratio. For example, a site with a mixed-use complex with a commercial retail component and a high density multifamily residential component would display a higher level of intensity than the same sized property with a low density, single-family residential development. (Ord. 6245 § 3, 2009.)

18.04.500 Junkyard.

Junkyard” includes automobile wrecking yards and salvage yards or any premises devoted wholly or in part to the storage, buying or selling of, or otherwise handling or dealing in, old rags, sacks, bottles, cans, papers, metal, rubber or other articles commonly known as junk. (Ord. 6245 § 3, 2009; Ord. 4229 § 2, 1987.)

18.04.510 Kennel.

Kennel” means a place where four or more adult dogs or cats or any combination thereof are kept, whether by owners of the dogs or cats or by persons providing facilities and care, whether or not for compensation, but not including a small animal hospital or clinic. An “adult dog or cat” is one of either sex, altered or unaltered, that has reached the age of four months. (Ord. 6245 § 3, 2009; Ord. 4229 § 2, 1987.)

18.04.515 Kitchen.

Kitchen” means any room or portion of a room designed to be used for cooking or the preparation of food, having a kitchen-type sink and provisions available for an installed gas or electric stove or range. (Ord. 6245 § 3, 2009; Ord. 4304 § 1(4), 1988.)

18.04.520 Landscaping.

Landscaping” means vegetative cover including shrubs, trees, flowers, seeded lawn or sod, ivy and other similar plant material. (Ord. 6245 § 3, 2009; Ord. 4229 § 2, 1987.)

18.04.522 Reserved.

Reserved. (Ord. 6245 § 3, 2009; Ord. 5354 § 2, 2000.)

18.04.523 Large domestic animal.

Large domestic animal” means horses, ponies, donkeys, cows, standard size goats, llamas, oxen, standard size pigs, and other similarly sized animals. (Ord. 6600 § 4, 2016.)

18.04.525 Leadership in energy and environmental design (LEED).

Leadership in energy and environmental design (LEED)” means a national standard for developing high-performance, sustainable buildings. (Ord. 6245 § 3, 2009; Ord. 6036 § 7, 2006.)

18.04.527 Live/work unit.

Live/work unit” means an integrated housing unit and working space, occupied and utilized by a single household in a structure that has been designed or structurally modified to accommodate joint residential occupancy and work activity, and includes a complete dwelling unit and working space reserved for and regularly used by one or more occupants of the dwelling unit. Within a live/work unit the “work” component of a live/work unit is secondary to its residential use. Live/work units are allowed within mixed-use developments. (Ord. 6959 § 1 (Exh. A), 2024; Ord. 6433 § 14, 2012.)

18.04.530 Lot.

Lot” is defined in ACC 17.04.200. (Ord. 6245 § 3, 2009; Ord. 5170 § 1, 1998; Ord. 4229 § 2, 1987.)

18.04.540 Lot area.

Lot area” means the total horizontal area within the boundary lines of a lot; however, the area contained in access easements, tracts or panhandles shall not be included in the lot area or any other lot size computation. (Ord. 6245 § 3, 2009; Ord. 4229 § 2, 1987.)

18.04.550 Lot coverage.

Lot coverage” means that percentage of the plot or lot area covered by all buildings including accessory buildings and uses. Coverage is determined by measuring along a horizontal plane from the outermost edge of eaves, cornices, overhangs, or areas covered by a weathertight roof. The first two feet of an eave overhang will, however, not be used in the lot coverage calculation. See Figure 18.04.550.

(Ord. 6245 § 3, 2009; Ord. 4705 § 2, 1994; Ord. 4229 § 2, 1987.)

18.04.560 Lot dimensions.

A. Lot depth” means:

1. If the front and rear lines are parallel, the shortest distance between such lines;

2. If the front and rear lines are not parallel, the distance between the midpoint of the front lot line and the midpoint of the rear lot line. See Figure 18.04.560(A).

B. Lot width” means the horizontal distance between the lot side lines measured at right angles to the line comprising the depth of the lot at a point midway between the lot front line and the lot rear line. See Figure 18.04.560(B).

(Ord. 6245 § 3, 2009; Ord. 4229 § 2, 1987.)

18.04.570 Lot lines.

Lot lines” means the lines bounding the lot. For purposes of establishing a setback line for a lot, “lot lines” shall also mean the limits of a private street, when such a street is located on the lot. See Figures 18.04.570(A) and (B).

A. Front Lot Line.

1. For an interior lot, the front lot line shall be that lot line which abuts the street right-of-way.

2. For a corner lot, the front lot line shall be that lot line which abuts a street right-of-way and bests conforms to the pattern of existing site development and/or the pattern of adjacent development, as determined by the planning director.

3. For a through lot, the front lot line shall be that lot line which abuts a nonarterial street or from which primary access is provided.

B. Rear Lot Line. The line opposite, most distant and most parallel with the front lot line. For a biangular or gore-shaped lot, a line 10 feet in length within the lot and farthest removed from the front lot line and at right angles to the line comprising the depth of the lot shall be used as the rear lot line.

C. Side Lot Line. All lot lines which do not qualify as a rear or front lot line.

D. Panhandle Lot Lines. For a panhandle lot, the lot lines shall be approved by the planning director. The lot lines shall be most consistent with the adjoining lot lines and shall take into consideration any unique physical characteristics of the property.

Figure 18.04.570(A). Lot Lines

Figure 18.04.570(B). Lot Dimensions and Lot Lines for Gore-Shaped Lots

(Ord. 6245 § 3, 2009; Ord. 6031 § 1, 2006; Ord. 4503 § 1, 1991; Ord. 4229 § 2, 1987.)

18.04.580 Lot of record.

Lot of record” is defined in ACC 17.04.220. (Ord. 6245 § 3, 2009; Ord. 5170 § 1, 1998; Ord. 4503 § 1, 1991; Ord. 4229 § 2, 1987.)

18.04.590 Lot types.

A. Corner lot” means a lot situated at the intersection of two or more streets.

B. Interior lot” means a lot that is neither a corner or through lot.

C. Through lot” means a lot other than a corner lot which abuts two streets.

D. Panhandle lot” means a lot accessed from the abutting street by a narrow corridor of land within the same lot.

The area within the panhandle access shall not be included in any lot size calculation including lot area, lot width, lot depth or lot coverage.

No buildings shall be erected within the panhandle access.

See ACC 17.10.120 for development standards for panhandle lots. See Figure 18.04.590.

Figure 18.04.590. Lot Types

(Ord. 6245 § 3, 2009; Ord. 5543 § 1, 2001; Ord. 4503 § 1, 1991; Ord. 4229 § 2, 1987.)

18.04.595 Low impact development.

Low impact development” means a stormwater management and land development strategy that emphasizes conservation and use of on-site natural features integrated with engineered, small-scale hydrologic controls to more closely mimic pre-development hydrology. The goal is to prevent measurable harm to streams, lakes, wetlands, and other natural aquatic systems from commercial, residential or industrial development sites. (Ord. 6245 § 3, 2009; Ord. 6036 § 8, 2006.)

18.04.597 Major transit stop.

A “major transit stop” means:

A. A stop on a high capacity transportation system funded or expanded under the provisions of Chapter 81.104 RCW;

B. Commuter rail stops;

C. Stops on rail or fixed guideway systems; or

D. Stops on bus rapid transit routes. (Ord. 6959 § 1 (Exh. A), 2024.)

18.04.600 Manufactured home.

Manufactured home” means a single-family dwelling which:

A. Is comprised of at least two fully enclosed parallel sections each of not less than 12 feet wide by 36 feet long;

B. Was originally constructed with and now has a composition or wood shake or shingle, coated metal, or similar roof of nominal 3:12 pitch; and

C. Has exterior siding similar in appearance to siding materials commonly used on site-built single-family homes built in accordance with the International Building Code (IBC).

This definition does not include a mobile home as defined by ACC 18.04.630 or a recreational vehicle as defined by ACC 18.04.780. A manufactured home may be considered a single-family dwelling if sited per ACC 18.31.050. (Ord. 6245 § 3, 2009; Ord. 6162 § 2, 2008; Ord. 4350 § 2, 1989; Ord. 4229 § 2, 1987.)

18.04.610 Manufactured home community.

Manufactured home community” means an area of not less than five acres designed to accommodate individual manufactured homes within the approved community boundaries. (Ord. 6245 § 3, 2009; Ord. 4229 § 2, 1987.)

18.04.612 Manufacturing, assembling and packaging – Heavy intensity.

Manufacturing, assembling and packaging – heavy intensity” means a facility accommodating manufacturing processes that involve and/or produce basic metals, building materials, chemicals, fabricated metals, paper products, machinery, textiles, and/or transportation equipment, where the intensity, scale, and/or characteristics of operation and materials used have the potential to result in externalities or effects on surrounding land uses or the community. Examples of heavy intensity manufacturing uses include, but are not limited to, chemical products manufacturing, paving and roofing materials manufacturing and glass products manufacturing. (Ord. 6433 § 15, 2012.)

18.04.614 Manufacturing, assembling and packaging – Light intensity.

Manufacturing, assembling and packaging – light intensity” means a facility accommodating manufacturing processes involving and/or producing: apparel; food and beverage products; electronic, optical, and instrumentation products; ice; jewelry; and musical instruments. Light manufacturing also includes other establishments engaged in the assembly, fabrication, and conversion of already processed raw materials into products, where the intensity, scale, and/or characteristics of operation and materials used are unlikely to result in externalities or effects on surrounding land uses or the community because they can be controlled within the building. Examples of light intensity manufacturing uses include, but are not limited to, clothing and fabric product manufacturing and food and beverage products. (Ord. 6433 § 16, 2012.)

18.04.616 Manufacturing, assembling and packaging – Medium intensity.

Manufacturing, assembling and packaging – medium intensity” means a facility accommodating manufacturing processes that involve and/or produce building materials, fabricated metal products, machinery, and/or transportation equipment, where the intensity, scale, and/or characteristics of operation and materials used are greater than those classified under “manufacturing, assembling and packaging – light intensity,” but where externalities or effects on surrounding land uses or the community can typically be reduced or avoided when appropriately located and developed. Examples of medium intensity manufacturing uses include lumber and wood product manufacturing and stone and cut stone product manufacturing. (Ord. 6433 § 17, 2012.)

18.04.617 Medium domestic animal.

Medium domestic animal” means potbelly pigs, miniature goats, miniature horses, and other similarly sized animals that are larger than a small domestic animal and smaller than a large domestic animal. (Ord. 6600 § 5, 2016.)

18.04.619 Medium-speed electric vehicle.

Medium-speed electric vehicle” means a self-propelled, electrically powered four-wheeled motor vehicle, equipped with a roll cage or crush-proof body design, whose speed attainable in one mile is more than 25 miles per hour but not more than 35 miles per hour and otherwise meets or exceeds the federal regulations set forth in 49 CFR 571.500. (Ord. 6365 § 1, 2011.)

18.04.620 Medical-dental clinic.

Medical-dental clinic” means an establishment for treatment of outpatients, and providing no overnight care for patients. (Ord. 6245 § 3, 2009; Ord. 4229 § 2, 1987.)

18.04.621 Middle housing.

Middle housing” means buildings that are compatible in scale, form, and character with single-unit detached dwellings and contain two or more attached, stacked, or clustered homes including duplexes, triplexes, fourplexes, fiveplexes, sixplexes, townhouses, stacked flats, courtyard apartments, cottage housing, and accessory dwelling units. (Ord. 6959 § 1 (Exh. A), 2024.)

18.04.622 Miniature goat.

Miniature goats” include species of goats commonly known as pygmy (Capra hircus hircus pygmy) or Nigerian dwarf (Capra hircus hircus nigerian dwarf). (Ord. 6600 § 7, 2016; Ord. 6369 § 6, 2011.)

18.04.623 Microbrewery or small craft brewery.

Microbrewery” or “small craft brewery” means a production facility that manufactures beer. A microbrewery may sell beer of its own production at retail for on- and off-premises consumption, and may act as a distributor for beer of its own production. (Ord. 6368 § 2, 2011.)

18.04.625 Mixed-use development.

Mixed-use development” means a single unified development that incorporates the planned integration of two or more different land uses consisting of some combination of office, light industrial, hotel, retail, entertainment, public uses, along with residential uses. Mixed-use development may be vertically oriented in one or more buildings, or horizontally distributed on a development site. When horizontally distributed, the different uses may be constructed concurrently and in separate phases, and should incorporate common and/or complementary features and/or elements such as pedestrian walkways, access driveways, parking areas, architectural themes, or other techniques that provide integration between uses on the site. (Ord. 6644 § 1, 2017; Ord. 6253 § 2, 2009.)

18.04.630 Mobile home.

Mobile home” means a factory-constructed residential unit with its own independent sanitary facilities, that is intended for year-round occupancy, and is composed of one or more major components which are mobile in that they can be supported by wheels attached to their own integral frame or structure and towed by an attachment to that frame or structure over the public highway under license or by special permit. This definition does not include a manufactured home as defined by ACC 18.04.600 or a recreational vehicle as defined by ACC 18.04.780. (Ord. 6245 § 3, 2009; Ord. 6162 § 3, 2008; Ord. 4350 § 2, 1989; Ord. 4229 § 2, 1987.)

18.04.635 Motor freight terminal.

Motor freight terminal” means a facility with more than one dock per 5,000 square feet of warehouse, storage, or related use and used for either (A) the loading, unloading, dispensing, receiving, interchanging, gathering, or otherwise physically handling freight for shipment or (B) any other location at which freight is exchanged by motor carriers between vehicles. This includes but is not limited to cross-dock operations and does not include a package delivery service. Excludes buildings with six or fewer loading docks. (Ord. 6433 § 18, 2012.)

18.04.640 Motel.

Motel” or “motor hotel” means a group of buildings containing individual sleeping or living units, designed for use by automobile tourists or transients, with garage attached or parking space conveniently located to each unit. (Ord. 6245 § 3, 2009; Ord. 4229 § 2, 1987.)

18.04.641 Multimodal transportation corridor.

Multimodal transportation corridor” refers to a transportation route that accommodates and contains facilities for more than a single form or mode of transportation. Multimodal corridors provide opportunities for travel by automobile, transit, and nonmotorized transportation and include relevant infrastructure improvements, such as dedicated bicycle lanes, sidewalks, and transit stations and shelters. (Ord. 6245 § 3, 2009.)

18.04.642 Municipal park.

Municipal park” means a parcel or tract of land provided by a unit of government to meet the active and/or passive recreational needs of people. This definition includes associated playgrounds and active recreation areas. (Ord. 6245 § 3, 2009.)

18.04.643 Museum.

Museum” is a cultural facility established and used for the education and enjoyment of the public through exhibits and displays of historical, cultural, or other related subjects. (Ord. 6245 § 3, 2009.)

18.04.643.1 Neighborhood electric vehicle.

Neighborhood electric vehicle” means a self-propelled, electrically powered four-wheeled motor vehicle whose speed attainable in one mile is more than 20 miles per hour and not more than 25 miles per hour and conforms to federal regulations under 49 CFR 571.500. (Ord. 6433 § 1, 2012; Ord. 6365 § 1, 2011. Formerly 18.04.643A.)

Code reviser’s note: Ordinance 6365 added these provisions as Section 18.04.643. The section has been renumbered to avoid duplication of numbering.

18.04.644 Neighborhood recreation buildings.

Neighborhood recreation buildings” means facilities owned and managed by a neighborhood homeowners’ association for recreational and community gatherings. (Ord. 6245 § 3, 2009.)

18.04.644.1 Neighborhood retail establishment.

Neighborhood retail establishment” means stores and shops serving the immediate surrounding neighborhood in which they are located, including but not limited to a beauty shop, laundry and dry cleaning, sales of retail goods and such others of a similar nature. (Ord. 6433 § 19, 2012.)

18.04.645 Neighborhood services.

Neighborhood services” as listed herein are intended to include commercial establishments that provide goods and services that are considered to be basic to the needs of a local neighborhood, and the provision of which would typically be primarily within the local market area. For the purposes of Chapter 18.49 ACC, neighborhood services establishments include: bakery and pastry shops (products made must be sold at retail on the premises); produce markets; retail grocery stores; delicatessens, restaurants or sandwich shops, limited to a seating area of 25 seats; hardware stores; retail banks or bank branches; pharmacies; daycare facilities; or other services subject to the approval of the planning director. See Chapter 18.49 ACC. (Ord. 6245 § 3, 2009.)

18.04.648 Net density.

Net density” is a measure of the net site area as defined in ACC 18.02.065. (Ord. 6245 § 3, 2009.)

18.04.649 Nonelectric vehicle.

Nonelectric vehicle” means any motor vehicle that does not meet the definition of “electric vehicle.” (Ord. 6365 § 1, 2011.)

18.04.650 Nonconforming use.

Nonconforming use” means a use which when commenced, complied with use regulations applicable at the time when such use was commenced, and which does not conform to the existing use regulations of the zone where the use is now being conducted or carried on. The term “nonconforming use” shall be applicable to uses of buildings, structures, and land. This definition does not include those uses existing in the zone, prior to the adoption of this title, which would now require an administrative or conditional use permit to operate in the zone. Any expansion of the space, volume or area of the use would then require an administrative or conditional use permit as this title may require. (Ord. 6245 § 3, 2009; Ord. 4229 § 2, 1987.)

18.04.660 Nursing home.

Nursing home,” “rest home,” “convalescent home,” “guest home” and “home for the aged” mean a home operated similarly to a boardinghouse but not restricted to any number of guests or guest rooms, the operator of which is licensed by the state or county to give special care and cure to their charges, and in which nursing, dietary and other personal services are furnished to convalescents, invalids and aged persons, and in which homes are performed no surgery, maternity or any other primary treatments such as customarily provided in hospitals, and in which no persons are kept or served who normally would be admitted to a mental hospital or to a group residence facility. This definition does not include group residence facilities as defined in this title. A nursing home is not a communal residence. (Ord. 6560 § 6, 2015; Ord. 6245 § 3, 2009; Ord. 4304 § 1(5), 1988; Ord. 4229 § 2, 1987.)

18.04.670 Occupancy.

Occupancy” means the purpose for which a building is used or intended to be used. The term shall also include the building or room housing such use. Change of occupancy is not intended to include change of tenants or proprietors. (Ord. 6245 § 3, 2009; Ord. 4229 § 2, 1987.)

18.04.672 Outdoor sales.

Outdoor sales” means an open area used for the display, sale, or rental of goods and/or materials that are actively marketed and readily available for general public consumption. This does not include storage areas of materials that are sold elsewhere on the premises or junkyards as defined by ACC 18.04.500. (Ord. 6245 § 3, 2009; Ord. 4229 § 2, 1987.)

18.04.676 Outdoor storage.

Outdoor storage” means the keeping of materials, supplies, equipment, machinery and vehicles which are not currently licensed or capable to operate on public streets or highways, in an open, uncovered yard or nonwalled buildings. This definition includes junkyards as defined by ACC 18.04.500, but excludes outdoor sales as defined by ACC 18.04.672. (Ord. 6245 § 3, 2009; Ord. 4229 § 2, 1987.)

18.04.676.1 Overlay zone.

Overlay zone” is supplemental to the underlying zoning district and may establish additional or stricter standards and criteria for properties in addition to those of the underlying zoning district. (Ord. 6838 § 1 (Exh. A), 2021.)

18.04.677 Owner occupied unit.

Owner occupied unit” means a dwelling unit in which the owner resides on a regular, permanent basis. (Ord. 6477 § 11, 2013.)

18.04.678 Panoram or peepshow.

Repealed by Ord. 5835. (Ord. 4885 § 4, 1996.)

18.04.680 Parking area.

Parking area” includes an off-street parking area together with driveways and the access to a public street. (Ord. 6245 § 3, 2009; Ord. 4229 § 2, 1987.)

18.04.690 Parking space or stall.

A “parking space” is any off-street space intended for the use of vehicular parking with ingress or egress to the space which is easily identifiable. (Ord. 6245 § 3, 2009; Ord. 4229 § 2, 1987.)

18.04.692 Parking structure.

Parking structure” means a single or multi-level structure intended for the use of vehicular parking, as opposed to an uncovered surface parking lot. This definition includes both stand-alone parking garages and structured parking as incorporated into a building, the primary purpose of which is not parking (i.e., rooftop or basement parking areas). (Ord. 6245 § 3, 2009.)

18.04.694 Permanent supportive housing.

Permanent supportive housing” is subsidized, leased housing with no limit on length of stay that prioritizes people who need comprehensive support services to retain tenancy and utilizes admissions practices designed to use lower barriers to entry than would be typical for other subsidized or unsubsidized rental housing, especially related to rental history, criminal history, and personal behaviors. Permanent supportive housing is paired with on-site or off-site voluntary services designed to support a person living with a complex and disabling behavioral health or physical health condition who was experiencing homelessness or was at imminent risk of homelessness prior to moving into housing to retain their housing and be a successful tenant in a housing arrangement, improve the resident’s health status, and connect the resident of the housing with community-based health care, treatment, or employment services. Permanent supportive housing is subject to all of the rights and responsibilities defined in Chapter 59.18 RCW. (Ord. 6959 § 1 (Exh. A), 2024.)

18.04.696 Permitted use.

Permitted use” means a land use that is allowed outright within a zone. (Ord. 6245 § 3, 2009.)

18.04.700 Person.

Person” means natural person, joint venture, joint stock company, partnership, association, club, company, corporation, business, trust, organization, or the manager, lessee, agent, servant, officer or employee of any of them. (Ord. 6245 § 3, 2009; Ord. 4229 § 2, 1987.)

18.04.710 Personal service shop.

Personal service shop” means premises devoted to hair styling, cutting or permanents, manicurists, custom tailoring, and similar related uses. (Ord. 6245 § 3, 2009; Ord. 4229 § 2, 1987.)

18.04.730 Planning commission.

Planning commission” means that body created by Chapter 2.45 ACC. (Ord. 6245 § 3, 2009; Ord. 4229 § 2, 1987.)

18.04.740 Planning director.

Planning director” means the director of the Auburn department of planning and development, or its successor, unless otherwise specified. (Ord. 6287 § 2, 2010; Ord. 6245 § 3, 2009; Ord. 4229 § 2, 1987.)

18.04.741 Plug-in hybrid electric vehicle (PHEV).

Plug-in hybrid electric vehicle (PHEV)” means an electric vehicle that (1) contains an internal combustion engine and also allows power to be delivered to drive wheels by an electric motor; (2) charges its battery primarily by connecting to the grid or other off-board electrical source; (3) may additionally be able to sustain battery charge using an on-board internal-combustion-driven generator; and (4) has the ability to travel powered by electricity. (Ord. 6365 § 1, 2011.)

18.04.742 Potbelly pig.

Miniature “potbelly pigs” are that type of swine commonly known as Vietnamese, Chinese, or Asian potbelly pig (Sus scrofa bittatus). (Ord. 6369 § 7, 2011.)

18.04.744 Prerelease facility.

Prerelease facility” has the same meaning as “work release facility” for the purposes of this title. See ACC 18.04.914. (Ord. 6245 § 3, 2009; Ord. 4590 § 3 (Exh. B), 1992.)

18.04.745 Print and copy shop.

Print and copy shop” means a facility for the custom reproduction of written or graphic materials on a custom order basis for individuals or businesses. Typical processes include, but are not limited to, photocopying, blueprint, facsimile sending and receiving, and including offset printing. (Ord. 6433 § 20, 2012.)

18.04.746 Private country clubs and golf courses, excluding driving ranges.

Private country club and golf course, excluding driving range” means an area designed and used for playing golf, including all accessory uses incidental to the operation of the facility. This definition may include private country clubs or golf courses open to the general public. This definition excludes other outdoor recreational facilities such as driving ranges, municipal parks, or commercial horse riding and bridle trails. (Ord. 6245 § 3, 2009.)

18.04.748 Privately owned and operated parks and playgrounds.

Privately owned and operated park and playground” means a parcel or tract of land provided by a private entity to meet the active and/or passive recreational needs of people. This definition includes associated playgrounds and active recreation areas. This use excludes municipal parks. (Ord. 6245 § 3, 2009.)

18.04.750 Professional offices.

Professional offices” means offices maintained and used as places of business conducted by professionals including engineers, attorneys, realtors, architects, accountants, clerical, and other recognized general office occupations. (Ord. 6959 § 1 (Exh. A), 2024; Ord. 6245 § 3, 2009; Ord. 4229 § 2, 1987.)

18.04.752 Prohibited use.

Prohibited use” means any use which is not specifically enumerated or interpreted by the city as allowable in that zone. Any use not specifically listed as a permitted, administrative, conditional, or accessory use is prohibited, except those determined to be unclassified and permitted by the planning director pursuant to ACC 18.02.120(C)(6). Any prohibited use is illegal. (Ord. 6269 § 2, 2009; Ord. 6245 § 3, 2009.)

18.04.754 Public art.

Public art” refers to works of art, regardless of medium, that are primarily designed for, and presented in, the public domain, including work displayed in common areas of publicly accessible buildings. (Ord. 6245 § 3, 2009.)

18.04.756 Public recreational amenity.

Public recreational amenity” is any recreational facility that is incorporated into a development for public use including but not limited to children’s playgrounds, tennis, basketball, or other sport courts or fields. (Ord. 6245 § 3, 2009.)

18.04.760 Public use.

Public use” means a use operated exclusively by a public body, such use having the purpose of serving the public health, safety, or general welfare, and including uses such as public schools, parks, playgrounds, and administrative and service facilities. (Ord. 6245 § 3, 2009; Ord. 4229 § 2, 1987.)

18.04.770 Quasi-public use.

Quasi-public use” means a use operated by a private nonprofit educational, religious, recreational, charitable, or medical institution having the purpose primarily of serving the general public, and including uses such as churches, private schools and universities, community, youth and senior citizen recreational facilities, private hospitals, and the like. (Ord. 6245 § 3, 2009; Ord. 4229 § 2, 1987.)

18.04.779 Rapid charging station.

Rapid charging station” means an industrial grade electrical outlet that allows for faster recharging of electric vehicle batteries through higher power levels and that meets or exceeds any standards, codes, and regulations set forth by Chapter 19.28 RCW and consistent with rules adopted under RCW 19.27.540. (Ord. 6365 § 1, 2011.)

18.04.780 Recreational vehicle, camping trailer, travel trailer, motor home and truck camper.

Recreational vehicle,” “camping trailer,” “travel trailer,” “motor home” and “truck camper” mean vehicular-type units primarily designed as temporary living quarters for recreational, camping or travel use, with or without motive power, being of such size or weight as not to require a special highway movement permit and licensed by the state as a recreational vehicle. (Ord. 6245 § 3, 2009; Ord. 4350 § 2, 1989; Ord. 4229 § 2, 1987.)

18.04.790 Recreational vehicle park.

Recreational vehicle park” means a parcel of land designed and improved to accommodate two or more recreational vehicles on a temporary basis. Spaces are typically rented for overnight use, not to exceed 120 days. (Ord. 6245 § 3, 2009; Ord. 4229 § 2, 1987.)

18.04.791 Regional retail establishment.

Regional retail establishment” means a large-scale retail establishment intended to serve customers within and outside the city. A regional retailer may accommodate a wide range of retail commodities (e.g., apparel and accessories, consumer electronics, hardware, building materials, sporting goods and automotive supplies). (Ord. 6433 § 21, 2012.)

18.04.792 Religious institution.

Religious institution” means an establishment, operated by a religious organization, that provides religious worship, religious services or religious ceremonies as its principal use with the sanctuary or principal place of worship contained within a principal building. Incidental and accessory uses that include chapels or subordinate places of worship, school rooms, daycares, classrooms, kitchens, library rooms or reading rooms, recreation halls or offices are permitted in the principal building or in separate buildings. Caretaker’s quarters or living quarters for employees are also permissible as an accessory use. The following incidental and accessory uses to a religious institution are not permitted unless allowed under a valid temporary use permit issued pursuant to ACC 18.46A.070: (A) facilities for training of religious orders; (B) nonemployee rooms for rent, boarding rooms or similar facilities; or (C) public showers or other public health services. (Ord. 6977 § 1 (Exh. A), 2025; Ord. 6245 § 3, 2009; Ord. 6014 § 1, 2006; Ord. 5550 § 1, 2001.)

18.04.793 Religious organization.

Religious organization” means the federally protected practice of a recognized religious assembly, school, or institution that owns or controls real property. (Ord. 6977 § 1 (Exh. A), 2025.)

18.04.794 Renting of rooms.

Renting of rooms” means the provision of rooms for lodging purposes to not more than two persons in addition to the owner occupied unit, and/or family who lives in the residence. (Ord. 6477 § 7, 2013; Ord. 6245 § 3, 2009.)

18.04.796 Repair services – Equipment, appliances.

Repair services – equipment, appliances” means repair of products, not to include vehicles or heavy equipment. These uses include consumer repair services for individuals and households for items such as household appliances, musical instruments, cameras, household electronic equipment, and similar uses. (Ord. 6433 § 22, 2012.)

18.04.800 Residence.

Residence” means a building or structure, or portion thereof, which is designed for and used to provide a place of abode for human beings, but not including hotels or motel units having no kitchens. The term “residence” includes the term “residential” as referring to the type of or intended use of a building or a structure. (Ord. 6245 § 3, 2009; Ord. 4229 § 2, 1987.)

18.04.804 Restaurant, full-service.

Full-service restaurant” means a public eating place that is used, maintained, advertised and held out to the public as a place that has a full dinner and/or lunch menu serving full course meals, daily prepared in its own kitchen, that are typically served at a table or counter. Food prepared to go or for take-out is allowed as an accessory use as long as the same menu and kitchen are used as for the full-service restaurant. This definition excludes fast food, drive-in types of restaurants, which have characteristics including but not limited to a drive-through window, counter-only service and no waiters or waitresses.

A full-service restaurant may serve alcoholic beverages that are incidental and complementary to the serving of food. A full-service restaurant may contain a lounge where the primary function is the sale, serving and consumption of alcoholic beverages, but the size of this lounge may not exceed 30 percent of the total gross floor area of the establishment. Any eating place that serves alcoholic beverages and does not meet the requirements of this definition will be considered a tavern as defined by ACC 18.04.895. (Ord. 6245 § 3, 2009; Ord. 5382 § 1, 2000. Formerly 18.04.805.)

18.04.805 Right-of-way.

Right-of-way” is property in which the city has any form of ownership or title and which is held for public purposes as provided for under ACC Title 12 and the city design and construction standards. (Ord. 6245 § 3, 2009.)

18.04.806 Schools, elementary and middle/junior high.

Elementary and middle/junior high schools” are institutions of learning offering instruction in the several branches of learning and study required by the education code of the state of Washington in grades kindergarten through nine, including associated meeting rooms, auditoriums and athletic facilities. (Ord. 6245 § 3, 2009.)

18.04.807 Schools, secondary or high school.

Secondary or high schools” are institutions of learning offering instruction in the several branches of learning and study required by the education code of the state of Washington in grades nine through 12, including associated meeting rooms, auditoriums and athletic facilities. (Ord. 6245 § 3, 2009.)

18.04.808 Secure community transition facility.

Secure community transition facility” means a residential facility for persons civilly committed under Chapter 71.09 RCW, Sexually Violent Predators, who are conditionally released under said chapter to a less restrictive alternative than total confinement or imprisonment. A secure community transition facility has supervision and security, and either provides or ensures the provision of sex offender treatment services. Secure community transition facilities include but are not limited to the facilities established pursuant to RCW 71.09.250 and any community-based facilities established under this chapter and operated by or under contract with the Washington State Department of Social and Health Services. (Ord. 6245 § 3, 2009; Ord. 5690 § 3, 2002.)

18.04.809 Senior housing.

Senior housing” refers to housing stock, whether rental or occupant-owned, that specifically caters to residents aged 55 years and older, either through age requirements or through the provision of specialized care, such as nursing or dietary and personal care. This definition shall include, at a minimum, all facilities that qualify as housing for older persons under the Fair Housing Act. (Ord. 6245 § 3, 2009.)

18.04.810 Setback.

Setback” means the distance between a lot line and the corresponding parallel setback line. (Ord. 6245 § 3, 2009.)

18.04.811 Setback area.

Setback area” means that area of a lot bounded on opposite sides by a lot line and the corresponding setback line that is unoccupied and unobstructed from the ground upward unless specifically permitted in this title. See Figure 18.04.811.

(Ord. 6245 § 3, 2009.)

18.04.812 Setback, front.

Front setback” means the distance between a front lot line and the corresponding parallel setback line. (Ord. 6245 § 3, 2009.)

18.04.813 Setback, rear.

Rear setback” means the distance between a rear lot line and the corresponding parallel setback line. (Ord. 6245 § 3, 2009.)

18.04.814 Setback, side.

Side setback” means the distance between a side lot line and the corresponding parallel setback line. (Ord. 6245 § 3, 2009.)

18.04.815 Setback line.

Setback line” means a line which defines a setback as required by this title, which is parallel to but other than a lot line, between which no building, structure, or portion thereof shall be permitted, erected, constructed, or placed unless specifically permitted by this title. (Ord. 6245 § 3, 2009.)

18.04.816 Shop.

Shop” means a small retail establishment or a department in a large one offering a specified line of goods or services. (Ord. 6433 § 23, 2012.)

18.04.818 Shopping center.

Shopping center” means a series of unified commercial establishments which provides retail, business, entertainment or professional services, shares the same parking facilities and contains in excess of 100,000 square feet of gross floor area. (Ord. 6245 § 3, 2009; Ord. 4229 § 2, 1987. Formerly 18.04.810.)

18.04.820 Sign.

Sign” means any visual communication device, structure, or fixture which is visible from any right-of-way intended to aid the business establishment in question in promoting the sale of a product, goods or service using graphics, symbols or written copy. It shall be restricted solely to graphics, symbols or written copy that is meant to be used in the aforementioned way. (Ord. 6245 § 3, 2009; Ord. 4229 § 2, 1987.)

18.04.821 Site.

Site” is an area comprised of one or more legally created lots or parcels used for a development proposal in order to calculate compliance with the standards and regulations of this title. (Ord. 6245 § 3, 2009.)

18.04.822 Site area.

Site area” is the total horizontal area of a project site. (Ord. 6245 § 3, 2009.)

18.04.823 Small domestic animal.

Small domestic animal” means a domesticated animal of ordinary species that lives, or is commonly known to be capable of living, within the confines of a residence such as dogs, cats, common rabbits, ferrets, or other similarly sized animals. Other indoor animals weighing less than 10 pounds, such as, but not limited to, caged birds, small rodents, fish, and nonvenomous reptiles or amphibians, and not kept for commercial purposes, are not regulated under this title. Any endangered or exotic species are prohibited. (Ord. 6600 § 8, 2016; Ord. 6369 § 1, 2011; Ord. 6245 § 3, 2009; Ord. 5777 § 1, 2003; Ord. 4229 § 2, 1987. Formerly 18.04.495.)

18.04.824 Social and service organizations.

Social and service organizations” refers to incorporated or unincorporated nongovernmental or private associations of persons organized for social, education, literary or charitable purposes. This definition also includes community meeting halls, philanthropic institutions, private clubs, fraternal or nonprofit organizations, and social service organizations. This definition excludes religious institutions and government facilities. (Ord. 6245 § 3, 2009.)

18.04.825 Solid waste.

Solid waste” means all putrescible and nonputrescible solid and semisolid wastes including, but not limited to, garbage, rubbish, ashes, industrial wastes, swill, demolition and construction wastes, abandoned vehicles or parts thereof, and discarded commodities. (Ord. 6245 § 3, 2009; Ord. 4262 § 1, 1988. Formerly 18.04.023.)

18.04.826 Solid waste processing facility.

Solid waste processing facility” means the management, collection, transportation, temporary storage, treatment, utilization, and processing of solid wastes by means of pyrolysis, refuse-derived fuel, or mass incineration within an enclosed structure. These processes may include source separation and recovery of recyclable materials from solid wastes, the recovery of energy resources from such wastes or the conversion of the energy in such wastes to more useful forms or combinations thereof. This definition refers to citywide or regional scale operations and does not include solid waste handling which is accessory to an individual principal use. (Ord. 6245 § 3, 2009; Ord. 4262 § 1, 1988. Formerly 18.04.025.)

18.04.827 Special events.

Special events” means incidental use of a facility, which use is otherwise allowed or permitted in the zoning district, as a venue for hire for social gatherings. Special events do not include marketing or promotional events that are part of the normal operation of an agricultural enterprise or winery and directly related to products sourced from that operation. (Ord. 6363 § 1, 2011.)

18.04.828 Sponsoring agency.

Sponsoring agency” means an organization that joins in an application with a host agency for indoor emergency housing, indoor emergency shelters, permanent supportive housing, and transitional housing and assumes responsibility for providing basic services and support to residents, such as hot meals, coordination of other needed donations and services, etc. (Ord. 6977 § 1 (Exh. A), 2025; Ord. 6245 § 3, 2009; Ord. 6014 § 4, 2006.)

18.04.829 Store.

Store” means a business establishment where usually diversified goods are kept for retail sale. (Ord. 6433 § 24, 2012.)

18.04.830 Specified anatomical areas.

Repealed by Ord. 5835. (Ord. 4229 § 2, 1987.)

18.04.835 Special needs housing.

Special needs housing” is housing that meets the definition of nursing home, group home, or other housing that meets the needs of special populations that need assistance or special accommodation in housing. See Chapter 18.49 ACC. Special needs housing is not a communal residence. (Ord. 6560 § 7, 2015; Ord. 6245 § 3, 2009.)

18.04.840 Specified sexual activities.

Repealed by Ord. 5835. (Ord. 4229 § 2, 1987.)

18.04.850 Reserved.

Reserved. (Ord. 6245 § 3, 2009; Ord. 4229 § 2, 1987.)

18.04.855 Small craft distillery.

Small craft distillery” means a production facility that manufactures distilled spirits that can contract distilled spirits for, and sell distilled spirits to, holders of distillery licenses, manufacturer’s licenses and grower’s licenses. (Ord. 6368 § 3, 2011.)

18.04.860 Story.

Story” means that portion of a building included between the surface of any floor and the surface of the floor next above it, or if there is no floor above it, then the space between the floor and the ceiling next above it. If the finished floor level directly above a usable or unused under-floor space is more than six feet above grade as defined in this chapter for more than 50 percent of the total perimeter or is more than 12 feet above grade as defined in this chapter at any point, such usable or unused underfloor space shall be considered as a story. (Ord. 6245 § 3, 2009; Ord. 4229 § 2, 1987.)

18.04.870 Street, private.

Private street” means any street which is not a public street. For the purposes of this title a private street will be considered as being a public street for determining setback provisions only. Driveways which are not part of an easement, tract, alley or street shall not be considered a street. (Ord. 6245 § 3, 2009; Ord. 4229 § 2, 1987.)

18.04.880 Street, public.

Public street” is defined in ACC 17.04.370. (Ord. 6245 § 3, 2009; Ord. 4304 § 1(6), 1988; Ord. 4229 § 2, 1987.)

18.04.890 Structure.

Structure” is that which is built or constructed, an edifice or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner, except benches, statuary, planter boxes less than 42 inches in height, and fences 72 inches or under in height, or paved areas. (Ord. 6245 § 3, 2009; Ord. 4229 § 2, 1987.)

18.04.891 Supportive housing.

Supportive housing” means a multiple-family dwelling owned or sponsored by a nonprofit corporation or government entity, designed for occupancy by individual adults that (A) are homeless or at risk of homelessness; (B) are experiencing a disability that presents barriers to employment and housing stability; or (C) generally require structured supportive services to be successful living in the community. “Supportive housing” is not a communal residence. (Ord. 6977 § 1 (Exh. A), 2025; Ord. 6560 § 8, 2015; Ord. 6245 § 3, 2009; Ord. 6167 § 1, 2008.)

18.04.892 Sustainable design.

Sustainable design” means design in which the impact of a building on the environment will be minimal over the lifetime of that building. Structures should incorporate the principles of energy and resource efficiency, practical applications of waste reduction and pollution prevention, good indoor air quality and natural light to promote occupant health and productivity, and transportation efficiency in design and construction, during use and reuse. (Ord. 6245 § 3, 2009; Ord. 6036 § 9, 2006.)

18.04.894 Tasting room.

Tasting room” means a location separate from, or on the same site as, the production/manufacturing site, that allows customers to taste samples of wine, beer, or other alcoholic beverage and has a state of Washington issued liquor license to operate a tasting room. In addition to sampling of alcoholic beverages, a tasting room may include retail sales for off-premises consumption. (Ord. 6368 § 4, 2011; Ord. 6363 § 1, 2011.)

18.04.895 Tavern.

Tavern” means an establishment operated primarily for the sale of wine, beer or other alcoholic beverages that may or may not include the service of food as an accessory use. (Ord. 6245 § 3, 2009; Ord. 5382 § 1, 2000.)

18.04.896 Transmitting tower.

Transmitting tower” means any freestanding structure whose primary purpose is the transmission and/or reception of radio signals for personal or hobby purposes. (Ord. 6245 § 3, 2009.)

18.04.896.1 Transitional housing.

Transitional housing” means a supportive housing for persons or families for up to two years for the purpose of facilitating the movement of persons and families into independent living. (Ord. 6977 § 1 (Exh. A), 2025.)

18.04.897 Unclassified use.

Unclassified use” means a land use which does not appear in a list of permitted, conditionally permitted, or accessory uses, but which is interpreted by the planning director as similar to a listed permitted, conditionally permitted or accessory use, and not otherwise prohibited, pursuant to ACC 18.02.120. (Ord. 6245 § 3, 2009.)

18.04.900 Use.

Use” means an activity or purpose for which land or premises or a building thereon is designed, arranged, intended, or for which it is occupied or maintained, let or leased. (Ord. 6245 § 3, 2009; Ord. 4229 § 2, 1987.)

18.04.901 Utility facilities and substations.

Utility facility and substation” is any utility facility or substation that is not included in ACC 18.02.040(E). (Ord. 6245 § 3, 2009.)

18.04.910 Variance.

Variance” means an adjustment in the application of the specific regulations of this title to a particular piece of property. (Ord. 6245 § 3, 2009; Ord. 4229 § 2, 1987.)

18.04.911 Walking distance.

Walking distance” means an area without physical space impediments for a walkable pathway without ADA obstruction. (Ord. 6959 § 1 (Exh. A), 2024.)

18.04.911.1 Wine production facility.

Wine production facility” means a production facility that manufactures wine. A wine production facility may sell wine of its own production at retail for on- and off-premises consumption, and may act as a distributor for wine of its own production. (Ord. 6959 § 1, 2024; Ord. 6368 § 5, 2011. Formerly 18.04.911.)

Code reviser’s note: Ordinance 6959 lists this section as Section 18.04.912. This section has been renumbered to avoid duplication of numbering.

18.04.911.2 Winery.

Winery” means a facility licensed as a domestic winery under RCW 66.04.010 where fruit or other ingredients are processed (i.e., crushed, fermented, blended, aged and/or stored, bottled) and may include as incidental and/or accessory to the principal use a tasting room, food and beverage service, places of public/private assembly and/or retail sales area. (Ord. 6959 § 1, 2024.)

Code reviser’s note: Ordinance 6959 lists these provisions as Section 18.04.912.1. This section has been renumbered to maintain section sequencing and avoid duplication.

18.04.912 Wireless communications.

A. Alternative tower structure” means manmade trees, clock towers, bell steeples, light poles, buildings, and similar alternative design mounting structures that are compatible with the natural setting and surrounding structures, and camouflage or conceal the presence of antennas or towers so as to make them architecturally compatible with the surrounding area pursuant to this title. This term also includes any antenna or antenna array attached to an alternative tower structure. A stand-alone pole that that accommodates small wireless facilities is considered an alternative tower structure to the extent it meets the concealment standards of this code.

B. Antenna” means any device used to transmit and/or receive radio or electromagnetic waves such as, but not limited to, panel antennas, reflecting discs, microwave dishes, whip antennas, directional and nondirectional antennas consisting of one or more elements, multiple antenna configurations, or other similar devices and configurations, and exterior apparatus designed for telephone, radio, or television communications through the sending and/or receiving of wireless communications signals.

C. Attached wireless communications facility” means a wireless communications facility that is affixed to an existing structure other than a tower. Examples of attached wireless communications facilities include antennas affixed to or erected upon existing buildings, water tanks, or other existing structures or replacement structures (such as in the case of a replacement stadium/ballfield light pole or a parking lot light standard).

D. Base station” means the structure or equipment at a fixed location that enables wireless communications, licensed or authorized by the FCC, between user equipment and a communications network. By way of example, a building, ballfield structure or a utility pole becomes a base station once wireless facilities are permitted and attached. The term does not encompass a wireless communications tower as defined in this title or any equipment associated with a wireless communications tower.

E. Concealment” or “concealment design techniques” means that a wireless communications facility is concealed or utilizes concealment when any measures are used in the design and siting of wireless communications facilities intended to make the facility look like something other than a wireless tower or base station. For example, a wireless communications facility site utilizes concealment design techniques when it (1) is integrated in an outdoor fixture such as a flagpole, or (2) uses a design which mimics and is consistent with the nearby natural or architectural features (such as an artificial tree), or (3) is incorporated into (including, without limitation, being attached to the exterior of such facilities and painted to match it, such as a belvedere or a dormer), or replaces existing permitted facilities (including, without limitation, freestanding light standards) so that the presence of the wireless communications facility is not readily apparent. The terms do not include fencing and landscape screening that is used to enhance visual compatibility at ground level.

F. Carrier” means a company providing wireless communications services, also referred to as a wireless service provider.

G. Co-location” means: (1) mounting or installing a WCF on a preexisting structure, and/or (2) modifying a structure for the purpose of mounting or installing a WCF on that structure; provided, that, for purposes of eligible facilities requests, “co-location” means the mounting or installation of transmission equipment on an eligible support structure for the purpose of transmitting and/or receiving radio frequency signals for communications purposes.

H. Eligible facilities request (EFR)” means any request for modification of an existing wireless communications tower or base station that was previously authorized by the local permitting jurisdiction and that does not substantially change, as defined in this section, the physical dimensions of such wireless communications tower or base station from the original authorization involving: (1) co-location of new transmission equipment, (2) removal of transmission equipment, or (3) replacement of transmission equipment.

I. Eligible support structure means an existing wireless communications tower or base station as defined in this title and that has proposed alterations that meet the standards of an eligible facilities request.

J. Equipment facility” means a structure used to contain ancillary equipment for a WCF which may include cabinets, shelters, an addition to an existing structure, pedestals and other similar structures.

K. Emergency wireless communications facility (EWCF)” means any structure not entirely within an enclosed building or vehicle, including antennas, guy wires, microwave dishes or horns, structures or towers to support receiving and/or transmitting devices, accessory buildings, i.e., equipment storage buildings, energy power generating housing, and the leased or owned property surrounding the wireless communications tower and any access or utility easements, that is used for the transmission or reception of electromagnetic waves for emergency communication purposes, operated by a local public agency responsible for providing emergency services.

L. Existing” means a constructed tower or base station if it has been reviewed and approved under the applicable zoning or siting process, or under another state or local regulatory review process; provided, that a tower that has not been reviewed and approved because it was not in a zoned area when it was built, but was lawfully constructed, is existing for purposes of this definition.

M. Microcells” are small wireless facilities consisting of an antenna that is either: (1) no more than four feet in height and with an area of not more than 580 square inches; or (2) if a tubular antenna, no more than four inches in diameter and no more than six feet in height.

N. Monopole” means a single, freestanding pole-type structure supporting one or more antennas.

O. Separation” means minimum distance required by city regulation between the base of towers.

P. Site” for purposes of this chapter means, for wireless communications towers other than wireless communications towers in the public way, the current boundaries of the leased or owned property surrounding the wireless communications tower and any access or utility easements currently related to the site, and, for other eligible support structures, further restricted to that area in proximity to the structure and to other transmission equipment already deployed on the ground. The current boundaries of a site are the boundaries that existed as of the date that the original support structure or a modification to that structure was last reviewed and approved by a state or local government, if the approval of the modification occurred prior to February 22, 2012, or otherwise outside of the Spectrum Act’s Section 6409(a) process.

Q. Small wireless facilities” shall mean the definition contained in Chapter 20.14 ACC, including microcells, and may be permitted either within or outside of the public way, in accordance with applicable law.

R. Substantial change” for purposes of this title means a modification that alters the physical dimensions of an eligible support structure if, after the modification, the structure meets any of the following criteria:

1. For towers other than towers in the public way, it increases the height of the tower by more than 10 percent or by the height of one additional antenna array with separation from the top of nearest existing antenna to the bottom of the new antenna, not to exceed 20 feet, whichever is greater; for other eligible support structures, it increases the height of the structure by more than 10 percent or more than 10 feet, whichever is greater;

2. For towers other than towers in the public way, it involves adding an appurtenance to the body of the tower that would protrude from the edge of the tower more than 20 feet, or more than the width of the tower structure at the level of the appurtenance, whichever is greater; for other eligible support structures, it involves adding an appurtenance to the body of the structure that would protrude from the edge of the structure by more than six feet;

3. For any eligible support structure, it involves installation of more than the standard number of new equipment cabinets for the technology involved, but not to exceed four cabinets; or, for base stations, it involves installation of any new equipment cabinets on the ground if there are no preexisting ground cabinets associated with the structure, or else involves installation of ground cabinets that are more than 10 percent larger in height or overall volume than any other ground cabinets associated with the structure;

4. It entails any excavation or deployment outside the current site as that term is defined in this section except that, for towers other than towers in the public way, it entails any excavation or deployment of transmission equipment outside of the current site by more than 30 feet in any direction. The site boundary from which the 30 feet is measured excludes any access or utility easements currently related to the site;

5. It would defeat the concealment elements of the eligible support structure; or

6. It does not comply with conditions associated with the original approval of the construction or modification of the eligible support structure or base station equipment, unless noncompliance is only in a manner that would exceed the thresholds identified in subsections (R)(1) through (R)(4) of this section.

For purposes of determining whether a substantial change exists, changes in height are measured from the original support structure as it existed at the time the first eligible facilities request was approved for that structure in cases where facilities are or will be separated horizontally; in other circumstances, changes in height are measured from the dimensions of the wireless communications tower or base station, inclusive of originally approved appurtenances and any modifications that were approved prior to February 22, 2012.

S. Support structure” means a structure designed to support WCFs including, but not limited to, towers, alternative tower structures, replacement poles, and other freestanding self-supporting pole structures.

T. Toll” and “tolling” mean to delay, suspend or hold off on the imposition of a deadline, statute of limitations or time limit.

U. Tower” means any structure that is designed and constructed primarily for the purpose of supporting one or more antennas for telephone, radio, and similar communication purposes, including self-supporting lattice towers, guyed towers, or monopole towers. The term includes radio and television transmission towers, microwave towers, common-carrier towers, cellular telephone towers, alternative tower structures, and the like. The term includes the structure and any support thereto.

V. Wireless communications” means the provision of any personal wireless service, as defined in the Telecommunications Act of 1996, as amended, or wireless information services provided to the public or to such classes of users as to be effectively available directly to the public via licensed or unlicensed frequencies; or wireless utility monitoring and control services.

W. Wireless communications facility (WCF)” means a facility used to provide personal wireless services as defined at 47 USC Section 332(c)(7)(C); or wireless information services provided to the public or to such classes of users as to be effectively available directly to the public via licensed or unlicensed frequencies; or wireless utility monitoring and control services. A WCF does not include a facility entirely enclosed within a permitted building where the installation does not require a modification of the exterior of the building; nor does it include an accessory wireless communications antenna used for serving that building only and that is otherwise permitted under other provisions of the ACC. A WCF includes an antenna or antennas, including, without limitation, directional, omni-directional and parabolic antennas, support equipment, alternative tower structures, and wireless communications towers. It does not include the support structure to which the WCF or its components are attached if the use of such structures for WCFs is not the primary use. The term does not include mobile transmitting devices used by wireless service subscribers, such as vehicle or hand-held radios or telephones and their associated transmitting antennas, nor does it include other facilities specifically exempted from the coverage of this title. (Ord. 6799 § 4 (Exh. D), 2020; Ord. 6716 § 1 (Exh. A), 2019; Ord. 6245 § 3, 2009; Ord. 5777 § 1, 2003; Ord. 5645 § 1, 2002; Ord. 5020 § 1, 1997.)

18.04.913 Work/live unit.

Work/live unit” means an integrated housing unit and working space, occupied and utilized by a single household in a structure that has been designed or structurally modified to accommodate joint residential occupancy and work activity, and includes a complete dwelling unit and working space reserved for and regularly used by one or more occupants of the dwelling unit. Within a work/live unit the “work” component is the primary use, to which the residential use is secondary, while the “work” component of a live/work unit is secondary to its residential use. Work/live units are allowed within mixed-use developments. (Ord. 6959 § 1 (Exh. A), 2024; Ord. 6433 § 25, 2012.)

18.04.914 Work release facility.

Work release facility” means a residential alternative to imprisonment, including work/training release and prerelease programs which are under the supervision of a court, federal, state or local agency. This definition excludes at-home electronic surveillance. (Ord. 6245 § 3, 2009; Ord. 4590 § 4 (Exh. C), 1992.)

18.04.920 Yard.

See ACC 18.04.811, Setback area. (Ord. 6245 § 3, 2009; Ord. 4229 § 2, 1987.)

18.04.930 Yard – front.

See ACC 18.04.812, Setback, front. (Ord. 6245 § 3, 2009; Ord. 4229 § 2, 1987.)

18.04.940 Yard – rear.

See ACC 18.04.813, Setback, rear. (Ord. 6245 § 3, 2009; Ord. 4229 § 2, 1987.)

18.04.950 Yard – side.

See ACC 18.04.814, Setback, side. (Ord. 6245 § 3, 2009; Ord. 4229 § 2, 1987.)

18.04.954 Youth community support facility.

Youth community support facility” means a building, or a group of buildings within a campus setting, owned and operated by a nonprofit corporation or government entity that provides supportive services to children and young adults (under the age of 26) and families (with a child or young adult under the age of 26), who are homeless, at risk of homelessness, at risk of exploitation, experiencing a disability that presents barriers to employment and housing stability; or generally require structured supportive services to be successful living in the community; by providing counseling and case management, transitional housing (housing for no more than two years), temporary housing (i.e., limited to overnight stay), and daytime drop-in services (e.g., meals, showers, counseling, etc.). This definition does not include facilities providing housing for criminal justice, parole, or probation programs. Youth community support facilities are not stand-alone “supportive housing” or “communal residences.” (Ord. 6688 § 1 (Exh. 1), 2018.)

18.04.960 Zone.

Zone” means an area accurately defined as to boundaries and location on an official map to which a uniform set of regulations applies controlling the types and intensities of land uses, as set forth in this title. (Ord. 6245 § 3, 2009; Ord. 4229 § 2, 1987.)

18.04.1001 Child care center.

Child care center” means an entity that regularly provides child daycare and early learning services for a group of children for periods of less than 24 hours licensed by the Washington State Department of Early Learning under Chapter 170-295 WAC. (Ord. 6642 § 15, 2017.)

18.04.1005 Marijuana or marihuana.

Marijuana” or “marihuana” means all parts of the plant Cannabis, whether growing or not, with a THC concentration greater than 0.3 percent on a dry weight basis; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin. The term does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination. (Ord. 6642 § 16, 2017.)

18.04.1007 Marijuana cooperative.

Marijuana cooperative” means up to four qualifying patients, as defined by RCW 69.51A.010(19), who share responsibility for acquiring and supplying the resources needed to produce and process marijuana, including tetrahydrocannabinols or cannabimimetic agents, only for the medical use of members of the cooperative and not for profit. (Ord. 6642 § 17, 2017.)

18.04.1009 Marijuana-infused products.

Marijuana-infused products” means products that contain marijuana or marijuana extracts and are intended for human use. The term “marijuana-infused products” does not include usable marijuana. (Ord. 6642 § 18, 2017.)

18.04.1011 Marijuana processor.

Marijuana processor” means any person or entity licensed by the Washington State Liquor and Cannabis Board to process, package, and label marijuana concentrates, including tetrahydrocannabinols or cannabimimetic agents, in accordance with the provisions of Chapters 65.50 and 69.51A RCW and Chapter 314-55 WAC. (Ord. 6642 § 19, 2017.)

18.04.1013 Marijuana producer.

Marijuana producer” means any person or entity licensed by the Washington State Liquor and Cannabis Board to produce marijuana, including tetrahydrocannabinols or cannabimimetic agents, for wholesale to marijuana processors and other marijuana producers pursuant to RCW 69.50.325. (Ord. 6642 § 20, 2017.)

18.04.1015 Marijuana-related business.

Marijuana-related business” means a person or entity engaged in for-profit activity that includes the possession, cultivation, production, processing, distribution, dispensation, or sale of tetrahydrocannabinols or cannabimimetic agents, as defined by the Controlled Substances Act, codified at 21 USC Section 812, including marijuana retailers, marijuana processors, and marijuana producers, as defined herein. (Ord. 6642 § 21, 2017.)

18.04.1017 Marijuana retailer.

Marijuana retailer” means any person or entity established for the purpose of making marijuana concentrates, usable marijuana and marijuana-infused products, including tetrahydrocannabinols or cannabimimetic agents, available for sale to adults aged 21 and over. (Ord. 6642 § 22, 2017.)

18.04.1019 Marijuana researcher.

Marijuana researcher” is a position licensed by the Washington State Liquor and Cannabis Board that permits a licensee to produce, process, and possess marijuana for the limited research purposes set forth in RCW 69.50.372. (Ord. 6642 § 23, 2017.)

18.04.1021 Marijuana transporter.

Marijuana transporter” is a position licensed by the Washington State Liquor and Cannabis Board pursuant to WAC 314-55-310 that allows a licensee to physically transport or deliver marijuana, marijuana concentrates, and marijuana-infused products between licensed marijuana businesses within Washington State. (Ord. 6642 § 24, 2017.)

18.04.1023 Public or private park.

Public or private park” means an area of land for the enjoyment of the public or private parties, having facilities for rest and/or recreation, such as a baseball diamond or basketball court, owned and/or managed by a private for-profit entity, a nonprofit entity, a homeowners’ association, city, county, state, federal government, sovereign nation or metropolitan park district. Public park does not include trails. (Ord. 6642 § 25, 2017.)

18.04.1025 Public or private playground.

Public or private playground” means a public or private outdoor recreation area for children, usually equipped with swings, slides, and other playground equipment, owned and/or managed by a private business, a nonprofit entity, city, county, state, or federal government or sovereign nation. (Ord. 6642 § 26, 2017.)

18.04.1027 Public or private recreational center.

Public or private recreation center or facility” means a supervised center that provides a broad range of activities and events intended primarily for use by persons under 21 years of age, owned and/or managed by a private business, charitable nonprofit organization, sovereign nation, city, county, state, or federal government. (Ord. 6642 § 27, 2017.)

18.04.1029 Public transit center.

Public transit center” means a facility located outside of the public right-of-way that is owned and managed by a transit agency or city, county, state, or federal government for the express purpose of staging people and vehicles where several bus or other transit routes converge. They serve as efficient hubs to allow bus riders from various locations to assemble at a central point to take advantage of express trips or other route-to-route transfers. (Ord. 6642 § 28, 2017.)