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Beaux Arts Village City Zoning Code

§ 18.10.020

Definitions.

"Accessory dwelling unit (ADU)"
means a habitable living unit added to, created within, or detached from a primary one-unit single-family dwelling, which together constitute a single interest in real estate. It is a separate additional living unit, including kitchen, sleeping, and bathroom facilities.
“Accessory”
means a use, activity, structure, or part of a structure which is subordinate and incidental to the main activity or structure on the subject property.
"Addition"
means any extension or increase in floor area or height of a building or structure.
"Alter" or "alteration"
means any change to an existing structure.
"Antenna"
means the largest component of a satellite receiving system. It is also referred to as "dish."
"Appurtenant" or "accessory"
means a subordinate use, located on the same lot with the principal use, that is related to and supports the use of the primary residential building.
"Basement"
means any floor level below the first story in a building, except that a floor level in a building having only one floor level shall be classified as a basement unless such floor level qualifies as a first story as defined herein.
"Building"
means any structure having a roof supported by columns and/or walls for the housing or enclosure of persons, animals or chattels. When any portion of a building is completely separated from every other portion thereof by a division wall without openings, then each such portion shall be deemed to be a separate building.
"Building lot"
means a fractional part of subdivided lands having fixed boundaries and being of sufficient area and dimension to meet minimum zoning requirements of the town.
"Building official"
means the person or firm employed by the town to provide building department services and to perform the duties of the building official as set forth in the State Building Code.
"Council"
means the town council of the town of Beaux Arts Village, Washington.
"Critical areas"
include the following areas and ecosystems: (1) wetlands; (2) areas with a critical recharging effect on aquifers used for potable water; (3) fish and wildlife habitat conservation areas; (4) frequently flooded areas; and (5) geologically hazardous areas. "Fish and wildlife habitat conservation areas" does not include such artificial features or constructs as irrigation delivery systems, irrigation infrastructure, irrigation canals, or drainage ditches that lie within the boundaries of and are maintained by a port district or an irrigation district or company.
"Deck, patio, platform, porch, slab structure, or veranda"
means a projection from a wall or building that is designed, established, and/or installed to provide for entrance or exit, outdoor living, cooking, and/or recreation, some sides of which are open and which may or may not have a permanent overhead covering; or a surfaced area of the ground beyond a building that is designed, established, and/or installed to provide for outdoor living, cooking, or recreation, some sides of which are open and which may or may not have a permanent overhead covering. Such projections shall be considered to be appurtenant buildings or appurtenant devices and shall be subject to setback requirements.
“Development regulations” or “regulation”
means the controls placed on development or land use activities by the town, including, but not limited to, zoning ordinances, critical areas ordinances, shoreline master programs, official controls, subdivision ordinances, and binding site plan ordinances together with any amendments thereto. A development regulation does not include a decision to approve a project permit application, as defined in RCW 36.70B.020, even though the decision may be expressed in a resolution or ordinance of the legislative body of the town.
“Development standards”
means controls placed by the town on building or site design and development including parking requirements, floor area allowances, density allowances, maximum impervious surface and/or structural coverages, and other dimensional standards.
"Dormer"
means a roofed structure, containing a window, that rises above the plane of a sloping roof and is set back from the eave of the roof.
"Driveway"
means the egress and ingress between the paved roadway and the parking facilities on a property (e.g., garages, carports, and parking pads), including both the private property and town right-of-way portion. For purposes of this chapter, the driveway width is defined as the width of the parking facilities.
"Dwelling, single-family"
is a standalone dwelling unit designed for and occupied exclusively by one family, featuring its own land, kitchen, bathroom and utilities, without sharing walls with another dwelling unit, except where an attached accessory dwelling unit exists.
"Dwelling unit"
means a single unit providing complete, independent living facilities for one or more persons including permanent provisions of living, sleeping, eating, cooking and sanitation.
"Existing grade"
means the surface level at the perimeter of any existing building prior to any grading or alteration of the ground surface; or if undeveloped, the surface level at any point on a lot prior to any grading or alteration.
"Family"
means one or more persons, either related or unrelated, living together as one household where all members have common access to and common use of all living, kitchen, and eating areas within the dwelling unit, and household activities and responsibilities such as meals, chores, expenses, and maintenance of the premises are shared or carried out according to a household plan or other customary method.
"Finished grade"
means the grade at the perimeter of the building after completion of all grading or alteration of the ground surface for site development that conforms to approved plans.
"Floor"
means the horizontal structural component in the interior of a building not otherwise defined as ceiling or roof and commonly used as a load-bearing surface for walking, supporting equipment and partition walls, and otherwise subject to IBC dead and live load requirements for floors.
"Floor level"
means the uppermost horizontal surface of a floor.
"Grade (adjacent ground elevation)"
means the lowest point of elevation of the finished surface of the ground, paving or sidewalk within the area between the building and the property line or, when the property line is more than five feet from the building, between the building and a line five feet from the building.
"Gross floor area"
means the number of square feet of total floor area bounded by the inside finished wall surface of the outer building walls of a structure as well as the area of any deck that is 30 inches or more above finished grade at any point. The gross floor area of a single-family dwelling, therefore, shall include
(1) 
The main building, including but not limited to attached accessory structures.
(2) 
All garages, covered parking areas, and detached accessory buildings with a gross floor area over 200 square feet.
(a) 
The portion of a garage floor that is located below finished grade may be excluded from the gross floor area in the same manner as a basement.
(3) 
The area of any deck that is 30 inches or more above finished grade at any point.
(a) 
Building projections are considered appurtenant buildings or devices and, as such, are subject to setback requirements.
(4) 
That portion of a basement as defined in the International Building Code (IBC) that projects above finished grade as calculated in the following example.
Basement Floor Area Calculation
The Beaux Arts zoning code excludes from the gross floor area the portion of the basement floor area that is below finished grade. The portion of the basement that will be excluded is calculated as shown here.
Bxvill18.19.3.1.tif
Portion of Excluded Basement Floor Area
=
Total Basement Area
x
Σ(Wall Segment Coverage x Wall Segment Length)
Total of All Wall Segment Lengths
Where the terms used in the equation are defined as follows:
Total Basement Area = the total amount of all basement floor area.
Wall Segment Coverage = the portion of an exterior wall below finished grade. It is expressed as a percentage (refer to example).
Wall Segment Length = the horizontal length of each exterior wall in feet.
Example of Basement Floor Area Calculation
This example illustrates how a portion of the basement floor area may be excluded from the gross floor area. In order to complete the calculation, the following information is needed:
A topographic map of the existing grades.
Building plans showing dimensions of all exterior wall segments and floor area.
Building elevations showing the location of finished grades in relation to basement level.
Step One.
Determine the number and lengths of the wall segments.
Bxvill18.19.3.2.tif
Step Two.
Determine the wall segment coverage (as a percentage) for each wall segment. In most cases, this will be readily apparent. For example, the wall segment coverage of a downhill elevation that is entirely above finished grade will be zero percent, while the wall segment coverage of an uphill elevation that is entirely below finished grade will be 100 percent. In other cases where the grade contours are complex, an averaging system consisting of a line drawn between the corners of the wall segment, at the intersection with the finished grade, shall be used to approximate the complex contour.
Bxvill18.19.3.3.tif
Step Three.
Multiply each wall segment length by the percentage of each wall segment coverage and add these results together. Divide the number by the sum of all wall segment lengths. This calculation is most easily completed by compiling a table of the information as illustrated below and will result in the percentage of basement wall that is below finished grade.
Table of Wall Lengths and Coverage
Wall Segment
Length
Coverage
Result
A
25 ft.
56%
14 ft.
B
10 ft.
0%
0 ft.
C
8 ft.
0%
0 ft.
D
25 ft.
0%
0 ft.
E
8 ft.
0%
0 ft.
F
13 ft.
0%
0 ft.
G
25 ft.
60%
15 ft.
H
48 ft.
100%
48 ft.
TOTALS
L=162 ft.
R=77 ft.
where Length (in feet) x Coverage (as a %) = Result (in ft.).
Step Four.
Multiply the total basement floor area by the total percent coverage (the total result (R) divided by the total length (L), i.e., R/L) to determine the excluded basement floor area.
Portion of Excluded Basement Floor Area
=
(Total Basement Floor Area) x (R/L)
=
1,400 sq. ft.
x
77'
162'
=
1,400 sq. ft.
x
47.5%
=
1,400 sq. ft.
x
0.475
=
665 sq. ft. of the basement excluded from the gross floor area
(5) 
That portion of an attic that is habitable space as defined in the International Building Code (IBC).
(6) 
Any portion of a room as measured on a horizontal plane 14 feet above the floor shall be counted as additional floor area. Of this additional floor area, 100 square feet is exempt, as well as the space directly above a stairway.
"Gross floor area ratio (GFAR)"
means the total gross floor area divided by the total area of the building lot.
"Guest"
means one who is received and entertained by the residents of a single-family dwelling house for a visit, who occupies a room for living and sleeping without payment or other remuneration.
"Hearing examiner"
means an individual appointed by the mayor to act on behalf of the town in quasi-judicial matters as established by town ordinance; also referred to as the examiner.
"Height of building or structure"
means the greatest distance measured vertically from any point on the structure to the existing grade. It does not include chimneys or conventional radio or television receiving antennas.
"Impervious surface"
means hard surfaces which prevent or impede the entry of water into the soil or those which cause water to run off the surface at an increased rate of flow when compared to the existing condition immediately prior to development. All of the following are considered impervious surfaces:
(1) 
The footprint of buildings and structures including all eaves, overhanging and/or cantilevered portions of a porch, carport, and/or garage roof;
(2) 
Vehicular use areas including driveways, streets, and parking areas constructed of gravel, pavers, concrete, asphalt, and/or other hard surfaces;
(3) 
Recreational facilities including patios, porches, sports courts, swimming pools, ornamental pools, hot tubs whether temporary or permanent, and other similar facilities;
(4) 
Landscaping walls; and
(5) 
Pedestrian walkways and other miscellaneous hard surfaces which meet the impervious surface definition above.
"Junker"
means any vehicle not currently licensed to be driven on public roads or not currently capable of being legally driven.
"Line of sight"
means the view along a town right-of-way from any part of a paved roadway to any other part of a paved roadway.
"Lot"
means a fractional part of subdivided lands having fixed boundaries. The term shall include all land held as a unit, regardless of whether described on plats or in documents of title as one or several tracts, blocks, lots, parcels or portions thereof. Land is held as a unit if contiguous and beneficially owned or controlled by one person or by a group of affiliated persons (such as a marital community, or joint venture, or partnership or a corporation and/or one or more of its subsidiaries, officers, directors or stockholders, etc.) acting together with respect to the land. This definition also applies to a tract or parcel.
"Lot coverage"
means the total horizontal area covered by buildings and structures, including pools, concrete slabs, black topping, gravel, crushed rock, pavers, or other impervious surfaces; and also including that area measured to the outermost parts of any structure, including, but not restricted to, porches, overhang portions of the roof, carports, garages and cantilevered portions.
“Major transit stop”
means:
(1) 
A stop on a high-capacity transportation system funded or expanded under the provisions of Chapter 81.104 RCW;
(2) 
Commuter rail stops;
(3) 
Stops on rail or fixed guideway systems including transitways;
(4) 
Stops on bus rapid transit routes or routes that run on high occupancy vehicle lanes; or
(5) 
[Note that (5) only applies to RCW 36.70A.696 – Accessory Dwelling Units.] Stops for a bus or other transit mode providing actual fixed route service at intervals of at least 15 minutes for at least five hours during the peak hours of operation on weekdays.
"Maximum allowable structure size"
means the maximum size allowable for structures on a given building lot, including the garage or carport and all accessory buildings.
“Middle housing”
means buildings that are compatible in scale, form, and character with single-family houses and contain two or more attached, stacked, or clustered homes including duplexes, triplexes, fourplexes, fiveplexes, sixplexes, townhouses, stacked flats, courtyard apartments, and cottage housing.
"Nonconforming building"
means an existing structure that does not comply with the current provisions of the town zoning code.
“Nonconforming lot”
means an established lot which is a fractional part of subdivided lands that at the time of the adoption of Ordinance No. 21 (June 23, 1959) was occupied by a single-family dwelling house but is of insufficient area and dimension to meet the current minimum zoning requirements of the town.
“Owner”
means any person or legal entity who has at least 50 percent ownership in a property on which an accessory dwelling unit is located.
"Passenger vehicle"
means any of the following vehicles: automobiles, seven-to-nine-passenger vans, and small pickup trucks.
"Permanent supportive housing"
as defined in RCW 36.70A.030 which includes subsidized, leased housing with no limit on length of stay, paired with on-site and off-site voluntary services designed to support a person living with a disability to be a successful tenant in a housing arrangement, improve the resident's health status, and connect residents of the housing with community-based healthcare, treatment, and employment services.
"Primary unit"
means the principal single-family housing unit located on the same lot as an accessory dwelling unit.
"Reconstruction"
means any construction in which (1) the "reconstruction value" is equal to or greater than $750,000 over a three-year period or (2) "modified exterior walls" meet or exceed 50 percent of the exterior perimeter over a three-year period. Solely for the purpose of determining if a project meets the definition of "reconstruction," the following additional definitions apply:
(1) 
"Modified exterior perimeter walls"
means all changes to the entire exterior perimeter of walls from the bottom plate at the foundation to the top plate at the uppermost level, and includes replacement of wall studs whether due to wall changes or structural integrity; enlarging or relocating existing openings; removal or addition of exterior sheathing; and new or removed elements on the exterior walls; however, "modified exterior perimeter walls" does not include replacement of doors or glazing where the size of the exterior opening does not change, replacement of exterior siding, or painting.
(2) 
"Reconstruction valuation"
means the entire construction cost of the project, excluding the following specific items only: taxes, appliances, and specific equipment and labor costs for mechanical, plumbing, and electrical systems.
"Recreational, commercial, or utility vehicle"
means any of, but not limited to, the following: boats, campers, boat trailers, travel trailers, pickup campers, coaches (designed to be mounted on automotive vehicles), motorized dwellings, recreational vehicles, tent trailers, and cases or boxes used for transporting recreational equipment, utility trailers, trucks, junkers, machinery, passenger vehicles under repair, commercial vehicles, camper tops or shells.
"Remodel"
means any construction in which (1) the "remodel valuation" is less than $750,000 over a three-year period or (2) "modified exterior walls" are less than 50 percent of the exterior perimeter over a three-year period. Solely for the purpose of determining if a project meets the definition of "remodel," the following additional definitions apply:
(1) 
"Modified exterior perimeter walls"
means all changes to the entire exterior perimeter of walls from the bottom plate at the foundation to the top plate at the uppermost level, and includes replacement of wall studs whether due to wall changes or structural integrity; enlarging or relocating existing openings; removal or addition of exterior sheathing; and new or removed elements on the exterior walls; however, "modified exterior perimeter walls" does not include replacement of doors or glazing where the size of the exterior opening does not change, replacement of exterior siding, or painting.
(2) 
"Remodel valuation"
means the entire construction cost of the project, excluding the following specific items only: taxes, appliances, and specific equipment and labor costs for mechanical, plumbing, and electrical systems.
"Retaining walls"
means a wall of masonry, wood, rock, metal, or other similar or combination of similar materials that bears against earth or other fill material for the purpose of resisting lateral or other forces in contact with the wall and/or the prevention of erosion. This term shall include, but not be limited to, landscaping walls, rockeries, and all other structural walls.
"Room"
means an area within a building enclosed by a floor and a ceiling, and defined by walls or partitions.
"Roomer"
means one who lives in a room or rooms in another's residence for payment or other remuneration.
"Satellite receiving systems"
means a system for receiving satellite signals, e.g., television programming, and usually composed of three parts: the antenna, a low-noise amplifier, and a receiver. The antenna and low-noise amplifier are located outdoors, and the receiver is indoors.
"Screen"
means fencing, landscaping, or structure that obscures the view of an object from the right-of-way and/or adjoining property.
"Setback"
means a term establishing a minimum distance from a lot line to the outermost projection of any structure, including, but not restricted to, porches, overhanging portions of the roof, carports, garages, and cantilevered portions. The setbacks establish an area at the edges of a lot upon which building, appurtenant devices and structures may not be placed, and conversely, the area enclosed by the setback lines is the only area upon which such things may be located.
"Setback, front"
means the space abutting any developed street, the width of which is wholly within the town, and extending the full width of the lot.
"Setback, rear"
means the space abutting a property line, access easement or private road and opposite to the front setback or as nearly so as the lot shape permits, and extending the full width of the lot. If more than one rear setback is described, that setback which is farthest from the front setback shall be the required rear setback. All others shall be treated as side setbacks. If more than one front setback exists, the rear setback shall be opposite to the setback from which the lot is addressed.
"Setback, side"
means the space abutting a property line, access easement or private road and generally between the required front and rear setback. Any setback not defined as a front or rear setback shall be a side setback.
“Short-term rental”
means a lodging use in which a dwelling unit, or portion thereof, is offered or provided to a guest by a short-term operator for a fee for fewer than 30 consecutive nights.
"Story"
means that portion of a building included between the upper surface of any floor and the upper surface of the floor next above, except that the topmost story shall be that portion of a building included between the upper surface of the topmost floor and the ceiling or roof above. If the finished floor level directly above a usable or unused under-floor space is more than six feet above finished grade as defined herein for more than 50 percent of the total perimeter or is more than 12 feet above grade as defined herein at any point, such usable or unused under-floor space shall be considered as a story.
"Story, first"
means the lowest story in a building which qualifies as a story, as defined herein, except that a floor level in a building having only one floor level shall be classified as a first story, provided such floor level is not more than four feet below finished grade, as defined herein, for more than 50 percent of the total perimeter, or not more than eight feet below finished grade, as defined herein, at any point.
"Structural coverage"
means the total horizontal area covered by buildings and structures, but not to include decks less than 30 inches above finished grade and other impervious surfaces.
"Structure"
means that which is erected, built or constructed, including 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.
"Town"
means the town of Beaux Arts Village, Washington.
"Transitional housing"
means a project that provides housing and supportive services to homeless persons or families for up to two years and that has as its purpose facilitating the movement of homeless persons and families into independent living.
“Unit density”
means the number of dwelling units allowed on a lot, regardless of lot size.
Other Definitions.
When any word used in this title is not specifically defined herein, its definition shall be that in the latest edition of Merriam-Webster’s Collegiate Dictionary of the English Language and where more than one definition is given, the most common or appropriate nonprofessional usage shall govern.
(Ord. 383 § 1, 2011; amended during 2011 codification; Ord. 433 § 1 (Att. A), 2018; Ord. 454 § 1, 2021; Ord. 471 § 1 (Exh. A), 2024; Ord. 372 § 2, 2009; Ord. 478, 6/10/2025)