A.

It is the intent of this chapter to:

1.

Promote consistency and precision in the interpretation of this title; and

2.

Define (and illustrate, where necessary) certain words, terms and phrases in the interest of reducing to a minimum the misunderstanding which may occur in the absence of such definition.

B.

General Rules Regarding Use of Language and Interpretation.

1.

Words, terms and phrases not specifically defined in this section or in other sections of this title (where more special terms may be defined) shall have the meaning as defined in any recognized, standard dictionary of the English language.

2.

Words, terms and phrases defined herein may have meanings more specific than their meanings in common usage, standard dictionaries or other ordinances.

3.

The meaning and construction of words and phrases, as set forth in this section shall apply throughout this title except where the context of such words or phrases clearly indicates a different meaning or construction.

4.

Rules of Construction.

a.

Illustration. In case of any difference of meaning or implication between the text of any provision and any illustration, the text shall control.

b.

Shall and May. Shall is always mandatory and not discretionary. May is discretionary.

c.

Tenses and Numbers. Words used in the present tense include the future, and words used in the singular include the plural, and the plural the singular, unless the context clearly indicates the contrary.

d.

Conjunctions. Unless the context clearly indicates the contrary, the following conjunctions shall be interpreted as follows:

i.

And indicates that all connected items or provisions shall apply.

ii.

Or indicates that the connected items or provisions may apply singly or in any combination.

iii.

Either … or indicates that the connected items or provisions shall apply singly but not in combination.

iv.

Gender. The masculine gender he includes the feminine gender she and the feminine gender she includes the masculine gender he.

5.

General Terms.

a.

Planning commission means the city planning commission of the city of Black Diamond.

b.

City means the city of Black Diamond.

c.

County means King County.

d.

Federal means the government of the United States.

e.

State means the state of Washington.

f.

Comprehensive plan or the plan, means the comprehensive land use plan of the city as adopted, and as amended from time to time.

g.

Section means any of the various sections of this title unless otherwise clearly indicated by the context.

(Ord. No. 909, § 2 (Exh. A), 6-18-2009)

In addition to the words and terms defined in this chapter, several sections of this title contain definitions specifically related to those sections. In the event of conflict between definitions in this list and those shown in other sections of this title the definition in the other section shall govern within the context of the section within which it appears. (See sections on home occupations, accessory dwelling units, signs and manufactured housing.)

(Ord. No. 909, § 2 (Exh. A), 6-18-2009; Ord. No. 948, § 58, 10-7-2010)

Knowing relinquishment of right or claim to the subject property or structure on that property by the owner without any intention of transferring rights to the property to another owner or of resuming the use of the property (such as sale, loss of lease, eviction, etc.).

(Ord. No. 1183, § 1(Exh. C), 6-2-2022)

Having a common boundary except that parcels having no common boundary other than a common corner shall not be considered abutting.

(Ord. No. 909, § 2 (Exh. A), 6-18-2009)

A building, or structure, or portion of a building, devoted to an activity subordinate to the principal use of the premises.

(Ord. No. 909, § 2 (Exh. A), 6-18-2009; Ord. No. 948, § 59, 10-7-2010)

A smaller, auxiliary dwelling unit located on a lot occupied by a single-family detached dwelling. This unit provides a separate and completely independent dwelling unit with facilities for cooking, sanitation and sleeping, and has a separate and independent entry/exist than one utilized for the primary residence.

(Ord. No. 1183, § 1(Exh. C), 6-2-2022)

An accessory dwelling unit that is attached to or part of the primary single-family housing unit. Examples include converted living space, basements or attics, attached garages, additions, or a combination thereof.

(Ord. No. 1183, § 1(Exh. C), 6-2-2022)

An accessory dwelling unit that consists of a building that is separate and detached from the primary single-family housing unit. Examples include converted garages or new standalone construction.

(Ord. No. 1183, § 1(Exh. C), 6-2-2022)

Living quarters, which may include kitchen facilities, within an accessory building or the main building for the sole use of persons employed on the premises and not rented or otherwise used as a separate dwelling.

(Ord. No. 909, § 2 (Exh. A), 6-18-2009)

A use customarily incidental and/or subordinate to the principal use of the land or building site, or to a building or other structure located on the same building site as the accessory use.

(Ord. No. 909, § 2 (Exh. A), 6-18-2009; Ord. No. 1183, § 1(Exh. C), 6-2-2022)

Editor's note— Ord. No. 1183, § 1(Exh. C), adopted June 2, 2022, repealed § 18.100.060, which pertained to acres or acreage, gross and derived from Ord. No. 909, June 18, 2009.

Directly next to, touching, as in a common property line, or directly across a street.

(Ord. No. 1183, § 1(Exh. C), 6-2-2022)

Editor's note— Ord. No. 1183, § 1(Exh. C), adopted June 2, 2022, repealed the former § 18.100.070, and enacted a new § 18.100.070 as set out herein. The former § 18.100.070 pertained to acres or acreage, net and derived from Ord. No. 909, June 18, 2009.

See BDMC 18.60.010.

(Ord. No. 1183, § 1(Exh. C), 6-2-2022)

A public or private way not more than twenty feet wide permanently reserved as a secondary means of access to abutting property.

(Ord. No. 909, § 2 (Exh. A), 6-18-2009)

Any change, modification, deletion, or addition to the wording, text or substance of the zoning title, or any change, modification, deletion, or addition to the application of the zoning title to property within the city, including any alteration in the boundaries of a zone, when adopted by ordinance passed by the city council.

(Ord. No. 909, § 2 (Exh. A), 6-18-2009)

An automotive retail sales and service use in which fuel for motorized vehicles is sold, and in which accessory uses may include, tow trucks, minor vehicle repair, car wash facilities, and a convenience store.

(Ord. No. 1183, § 1(Exh. C), 6-2-2022)

The dismantling or wrecking of used motor vehicles or trailers, or the storage, sale or dumping of dismantled or wrecked vehicles or their parts. The presence on any lot or parcel of land of five or more motor vehicles which for a period exceeding thirty days have not been capable of operating under their own power, and from which parts have been or are to be removed for reuse or sale shall constitute prima facie evidence of an automobile wrecking yard.

(Ord. No. 909, § 2 (Exh. A), 6-18-2009)

That portion of a building between floor and ceiling, which is partly below and partly above the finished grade, but so located that the vertical distance from the finished grade to the floor below is less than the vertical distance from the finished grade to the ceiling. If a basement has a ceiling height of seven feet or more, it shall be considered a story unless it is used exclusively for parking, storage, and/or housing of mechanical or central heating equipment.

(Ord. No. 909, § 2 (Exh. A), 6-18-2009)

Any board, fence, sign, or structure upon which any advertisement is shown, or whereupon any poster, bill, printing, painting, device, or other advertising matter of any kind whatsoever may be placed, stuck, tacked, pasted, printed, or fastened.

(Ord. No. 909, § 2 (Exh. A), 6-18-2009; Ord. No. 1183, § 1(Exh. C), 6-2-2022)

A lodging use, within a single family dwelling unit that is the principal residence of the proprietors, where short-term overnight lodging and meals are provided to unrelated individuals for compensation.

(Ord. No. 909, § 2 (Exh. A), 6-18-2009)

"Best management practices" or "BMPs" means the best available and reasonable physical, structural, behavioral, and/or managerial practices that, when used singly or in combination, eliminate or reduce the contamination of both surface waters and groundwaters.

(Ord. No. 1089, § 19, 5-4-17)

An area of land or a structure used or created for the purpose of insulating or separating a structure or land use from other uses or structures in such manner as to reduce or mitigate any adverse impacts of one on the other.

(Ord. No. 909, § 2 (Exh. A), 6-18-2009)

That portion of the land that remains after required yards and buffers have been excluded from the building site.

(Ord. No. 909, § 2 (Exh. A), 6-18-2009)

Any structure built for the support, shelter or enclosure of persons, animals, or property of any kind.

(Ord. No. 909, § 2 (Exh. A), 6-18-2009)

The amount or percentage of ground area covered or occupied by a building or buildings; usually expressed in square feet or percentage of land on the lot and measured horizontally at the roofline, including eaves/overhangs. (See also, Development Coverage.)

(Ord. No. 909, § 2 (Exh. A), 6-18-2009; Ord. No. 1183, § 1(Exh. C), 6-2-2022)

The vertical distance from average grade level to the highest point of a building or structure, excluding any chimney, antenna or similar appurtenance.

(Ord. No. 909, § 2 (Exh. A), 6-18-2009)

An establishment primarily engaged in providing services to businesses on a fee or contract basis, such as advertising, mailing, consulting, protection, equipment rental, leasing, convenience retail, financial services, and restaurants.

(Ord. No. 909, § 2 (Exh. A), 6-18-2009)

Has the meaning provided in RCW 69.50.101.

(Ord. No. 25-1241, § 7, 11-20-2025)

Has the meaning provided in RCW 69.50.101.

(Ord. No. 25-1241, § 7, 11-20-2025)

The processing of cannabis into cannabis concentrates, useable cannabis, and cannabis-infused products; the packaging and labeling of cannabis concentrates, useable cannabis, and cannabis-infused products for sale in retail outlets; and the selling of cannabis concentrates, useable cannabis, and cannabis-infused products at wholesale to cannabis retailers.

(Ord. No. 25-1241, § 7, 11-20-2025)

Has the meaning provided in RCW 69.50.101.

(Ord. No. 25-1241, § 7, 11-20-2025)

The production and sale of cannabis at wholesale to cannabis processors and other cannabis producers.

(Ord. No. 25-1241, § 7, 11-20-2025)

Has the meaning provided in RCW 69.50.101.

(Ord. No. 25-1241, § 7, 11-20-2025)

The conduct of research on cannabis and cannabis-derived drug products.

(Ord. No. 25-1241, § 7, 11-20-2025)

Has the meaning provided in RCW 69.50.101.

(Ord. No. 25-1241, § 7, 11-20-2025)

The sale of cannabis concentrates, useable cannabis, and cannabis-infused products in a retail outlet.

(Ord. No. 25-1241, § 7, 11-20-2025)

Has the meaning provided in RCW 69.50.101.

(Ord. No. 25-1241, § 7, 11-20-2025)

A "retail outlet" as provided in RCW 69.50.101.

(Ord. No. 25-1241, § 7, 11-20-2025)

A residence that is accessory to a site with a nonresidential primary use and that is needed for security, twenty-four-hour care or supervision, or monitoring of facilities, equipment, or other conditions on the site.

(Ord. No. 1183, § 1(Exh. C), 6-2-2022)

A roofed structure, or a portion of a building, open on two or more sides; primarily for the parking of automobiles belonging to the occupants of the property.

(Ord. No. 909, § 2 (Exh. A), 6-18-2009)

An establishment licensed by the State of Washington that provides regularly scheduled care for groups of children for periods of less than twenty-four hours. Includes nursery schools, preschools and daycare centers and can occur in the home of the provider or at a commercial location. See also RCW 43.216.010(1)(a).

(Ord. No. 1183, § 1(Exh. C), 6-2-2022; Ord. No. 25-1220, § 1(Attach. A), 2-6-2025)

A project permit application that meets the requirements established in the Black Diamond Municipal Code and administrative regulations needed for a complete application, including the payment of applicable fees.

(Ord. No. 1183, § 1(Exh. C), 6-2-2022)

Certain uses which because of special requirements, unusual character, size or shape, infrequent occurrence or possible detrimental effects on surrounding property and for other similar reasons may be allowed in certain use districts only by the granting of a conditional use permit by the either the director or hearing examiner.

(Ord. No. 909, § 2 (Exh. A), 6-18-2009)

A form of residential development consisting of small, detached dwelling units, with one or more units on a lot. A cottage housing development has the following characteristics: 1) each unit is of a size and function suitable for a single person or very small family; 2) each unit has the building characteristics of a single family house; 3) units may be located on platted lots or as units in a condominium and may share use of common facilities such as a community room, tool shed, garden, orchards, workshop or parking areas; and 4) the site is designed with a coherent concept in mind, including: shared functional open space, off-street parking, access within the site and from the site, and a shared, consistent landscape design.

(Ord. No. 909, § 2 (Exh. A), 6-18-2009)

The number of dwelling units per acre.

(Ord. No. 909, § 2 (Exh. A), 6-18-2009)

The total area of a parcel of land, may be expressed in square feet or fractions of an acre.

(Ord. No. 1183, § 1(Exh. C), 6-2-2022)

The area of a parcel of land, less the area devoted to streets, roads or alleys, public or private; may be expressed in square feet or fractions of an acre.

(Ord. No. 1183, § 1(Exh. C), 6-2-2022)

The community development department or such other department as designated by the city administrator.

(Ord. No. 909, § 2 (Exh. A), 6-18-2009)

The amount or percentage of ground area covered by impervious surfaces (i.e., surfaces which do not absorb moisture, specifically rain water). Impervious surfaces include rooftops and all paved surfaces such as parking areas, roads, driveways, walkways and the like.

(Ord. No. 909, § 2 (Exh. A), 6-18-2009)

The community development director of the city of Black Diamond or his/her designee; or such other individual that may be appointed by the city administrator.

(Ord. No. 909, § 2 (Exh. A), 6-18-2009)

A business or a portion of a business where a customer is permitted or encouraged, either by the design of physical facilities or by service and/or packaging procedures, to carry on business while seated in a motor vehicle and passing by one or more service windows in order to pay for and receive food, beverages, and other products. This definition shall include, but not be limited to, car washes, pharmacies, drive-through restaurants, coffee stands, dry cleaners, or banks.

(Ord. No. 1183, § 1(Exh. C), 6-2-2022)

Residential housing that is a single structure containing only two dwelling units. Single-family dwellings with attached accessory dwelling units are not duplexes.

(Ord. No. 1183, § 1(Exh. C), 6-2-2022)

A building, or portion thereof designed exclusively for residential purposes, with sleeping and cooking facilities, including one family, two family, multiple family or apartment dwellings and manufactured homes.

(Ord. No. 909, § 2 (Exh. A), 6-18-2009)

A building or portion thereof designed exclusively for residential purposes providing complete housekeeping services for one family.

(Ord. No. 909, § 2 (Exh. A), 6-18-2009)

A grant by the property owner for use by the public, a corporation, or person(s) of land for specified purposes, such as vehicular access, pedestrian paths, bicycle paths, utility easements, or drainage facilities; and within which the owner is prohibited from placing any permanent aboveground structures.

(Ord. No. 909, § 2 (Exh. A), 6-18-2009)

A shared multifamily residential living environment that combines living, support services, personalized assistance, and varying degrees of health care; includes assisted living, congregate care, life care, and residential care facilities, but not facilities for active seniors who require no outside assistance for daily living.

(Ord. No. 909, § 2 (Exh. A), 6-18-2009)

A venue, either indoors or outdoors, that offers entertainment, cultural experiences or places of social gathering, that may serve food and/or beverages; includes theaters, nightclubs, art galleries, taverns, restaurants, brew-pubs, arcades, wine bars, and other civic and commercial premises for entertainment or cultural experiences.

(Ord. No. 909, § 2 (Exh. A), 6-18-2009)

Those facilities that are typically difficult to site, such as airports, state education facilities and state or regional transportation facilities as defined in RCW 47.06.140; state and local correctional facilities; solid waste handling facilities; and in-patient facilities including substance abuse facilities, mental health facilities, group homes, and secure community transition facilities as defined in RCW 71.09.020.

(Ord. No. 909, § 2 (Exh. A), 6-18-2009)

The City of Black Diamond Hearing Examiner.

(Ord. No. 1183, § 1(Exh. C), 6-2-2022)

One or more persons (but no more than six unrelated persons) living together as a single housekeeping unit. For purposes of this definition, children with familial status within the meaning of Title 42 United States Code, Section 3602(k) and persons with handicaps within the meaning of Title 42 United States Code, Section 3602(h), will not be counted as unrelated persons.

(Ord. No. 909, § 2 (Exh. A), 6-18-2009)

The sum of the gross horizontal area of the floor or floors measured from the exterior faces of the exterior walls, including elevator shafts and stairwells on each floor and all horizontal areas having a ceiling height of seven feet or more, but excluding all parking and loading spaces, unroofed areas, roofed areas open on two sides, areas having ceiling height of less than seven feet and basements or portions thereof used exclusively for storage or housing of mechanical or central heating equipment.

(Ord. No. 909, § 2 (Exh. A), 6-18-2009)

A business that as a principal activity provides direct, non-retail business services to the general public or private clients, including office activities such as administration, consulting, real estate sales, accounting, legal services, financial advisors, professional design services, insurance companies, post offices, customer service and call centers and governmental offices.

(Ord. No. 909, § 2 (Exh. A), 6-18-2009)

The average of the natural or existing topography at the midpoint of all exterior walls of a building or structure to be placed on a site.

(Ord. No. 909, § 2 (Exh. A), 6-18-2009)

Any dwelling unit used as a home for six to 14 unrelated persons (excluding live-in support staff) living as a single housekeeping unit. Incidental medical or psychological treatment, supervision, training, or other support services may be provided to members of the household and are subordinate to the residence. Supervision may be provided by a resident or nonresident.

Examples of uses include, but are not limited to, group homes for the disabled, and any other homes for the disabled which must be accommodated where similar residential structures for families are allowed pursuant to State and Federal law, foster homes, domestic violence shelters, and homes for individuals who are undergoing or have completed substance abuse treatment (other than addiction caused by current, illegal use of a controlled substance).

(Ord. No. 1183, § 1(Exh. C), 6-2-2022)

Manufacturing, materials storage or other activities with significant external environmental or operational effects, or which pose significant risks due to the involvement of explosives, radioactive materials, poisons, pesticides, herbicides, or other hazardous materials in the manufacturing or other processes. Includes any manufacturing or industrial activity that cannot be considered "light manufacturing."

(Ord. No. 909, § 2 (Exh. A), 6-18-2009)

See Chapter 18.54.

(Ord. No. 909, § 2 (Exh. A), 6-18-2009)

Any building containing six or more guest rooms where lodging, with or without meals, is provided for compensation,

(Ord. No. 909, § 2 (Exh. A), 6-18-2009)

An establishment or place of business engaged in selling and/or distributing merchandise to retailers; industrial, commercial, institutional or professional business uses, or to other wholesalers; or acting as agents or brokers and buying merchandise for or selling merchandise to such individuals or companies, as well as providing goods available for immediate purchase or rental and removal from the premises directly to the consumer; includes both indoor and outdoor product display and storage.

(Ord. No. 1183, § 1(Exh. C), 6-2-2022)

"Impervious surface" means a non-vegetated surface that either prevents or retards the entry of water into the soil mantle as under natural conditions prior to development, and/or that 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. Common impervious surfaces include, but are not limited to, roofs, walkways, patios, driveways, parking lots, storage areas, areas which are paved, graveled or made of packed or oiled earthen materials, or other surfaces which similarly impede the natural infiltration of surface and stormwater. Impervious surfaces do not include areas of turf, landscaping, or natural vegetation.

(Ord. No. 1089, § 19, 5-4-17)

Any project permit application submitted to the city for processing that has expired and/or void under BDMC Section 18.14.050.

(Ord. No. 1183, § 1(Exh. C), 6-2-2022)

An establishment engaged in manufacturing predominantly from previously prepared materials, of finished products or parts, including processing, fabrication, assembly, treatment, and packaging of such products, and incidental storage, sales and distribution of such products, provided all manufacturing activities are contained entirely within a building and noise, odor, smoke, heat, glare and vibration resulting from the manufacturing activity are confined entirely within the building.

(Ord. No. 909, § 2 (Exh. A), 6-18-2009)