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)

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)

A platted or unplatted parcel of land unoccupied, occupied or intended to be occupied by a principal use or building and accessory buildings, together with all yards, open spaces and setbacks required by this title.

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

The total land space or area contained within the boundary lines of any lot, tract or parcel of land; may be expressed in square feet or acres.

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

That boundary of a lot which is located along an existing or dedicated public street, or, where no public street exists, along a public right-of-way or private way. For corner lots, the boundary line with less frontage on a public street (or public right-of-way or private street if there is no public street) shall be considered the front lot line unless otherwise specified on a recorded subdivision.

See Yard, front definition for front setback determination information.

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

The lot line which is opposite and most distant from the front lot line, except in the case of a triangular or pie-shaped lot, it shall mean a straight line ten feet in length which:

A.

Is parallel to the front lot line; or

B.

Intersects the two other lot lines at points most distant from the front lot line

See Yard, rear definition for rear setback determination information.

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

The horizontal distance between the front lot line and the rear lot line measured within the lot boundaries.

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

The horizontal distance of a lot measured at right angles to the lines comprising the depth of the lot. The distance shall be measured along a straight line at the minimum required front setback line and the minimum required rear setback line, and then the two distances averaged to determine the lot width.

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

A lot that abuts two or more intersecting public or private streets or rights-of-way.

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

A lot that has frontage on one street only.

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

A lot that fronts on two parallel or nearly parallel streets.

(Ord. No. 909, § 2 (Exh. A), 6-18-2009; Ord. No. 1089, § 18, 5-4-17)

Editor's note— Ord. No. 1809, § 18, adopted May 4, 2017, renumbered § 18.100.450 as § 18.100.445.

"Low impact development (LID)" means a stormwater management and land development strategy that strives to mimic pre-disturbance hydrologic processes of infiltration, filtration, storage, evaporation and transpiration by emphasizing conservation, use of on-site natural features, site planning, and distributed stormwater management practices that are integrated into a project design. Other common names for "LID" are "Green Stormwater Infrastructure" or "Natural Drainage Systems." "LID best management practices" or "LID BMPs" means distributed stormwater management practices, integrated into a project design, that emphasize pre-disturbance hydrologic processes of infiltration, filtration, storage, evaporation and transpiration. LID BMPs are referred to as flow control BMPs in the Stormwater Management Manual and include, but are not limited to, bioretention, permeable pavements, limited infiltration systems, roof downspout controls, dispersion, soil quality and depth, and minimal excavation foundations.

(Ord. No. 1089, § 19, 5-4-17)

A use provided by a public or private organization providing significant educational or medical services to the community, such as high schools, colleges and universities, and hospitals.

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

A factory-built dwelling built prior to June 15, 1976, to standards other than the United States department of housing and urban development code, and acceptable under applicable state codes in effect at the time of construction or introduction of the home into the state. It must bear the "mobile home" insignia of the Washington state department of labor and industries. See Chapter 18.90.

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

A residential development in which the land is owned, operated, and maintained as a commercial business and the individual manufactured homes or mobile homes or RVs are either leased or are located on leased sites. See Chapter 18.90.

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

A structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term "manufactured home" does not include a "recreational vehicle." See Chapter 18.90.

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

A facility consisting of separate storage units which are rented to customers having exclusive and independent access to their respective units for storage of residential or commercial-oriented goods.

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

A land use development, in one or more buildings, that may combine at least two of the following uses: Residential, commercial, and/or office.

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

A building or group of buildings containing guest rooms which may or may not contain cooking facilities, and where lodging with or without meals is provided for compensation. Motels are designed to accommodate the automobile tourist or transient, and parking spaces or garages are conveniently located near each guest room.

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

A building, structure, or portion thereof that was legally in existence, either constructed or altered prior to the effective date of this title, which does not conform with the requirements of this title.

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

A parcel of land, in separate ownership, and of record prior to the effective date of this title, which does not conform to the dimensional or area requirements of this title.

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

An activity in a structure or on a tract of land that was legally in existence prior to the effective date of this title, which does not conform to the use regulations of the use district in which it is located.

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

An area or portion of land, either landscaped or predominantly unimproved, which is used to meet human recreational or spatial needs or to protect the natural environment.

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

Open space dedicated or shared in ownership among multiple parties for common use and benefit.

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

Undeveloped or unbuilt portions of land designed and maintained in a manner which makes said open space accessible and usable by and for the persons for whom the space is intended.

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

All or part of a lot that is used for the keeping of materials or products in an open, uncovered yard or in an unwalled building.

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

A contiguous quantity of land in the possession of, or owned by, or recorded as the property of, the same person.

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

An open area, other than a street or alley, which contains one or more parking spaces, and the aisles which provide access to such spaces.

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

An unobstructed space or area other than a street or alley which is permanently reserved and maintained for the parking of one motor vehicle.

(Ord. No. 909, § 2 (Exh. A), 6-18-2009; Ord. No. 1089, § 18, 5-4-17)

Editor's note— Ord. No. 1809, § 18, adopted May 4, 2017, renumbered § 18.100.580 as § 18.100.575.

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

(Ord. No. 1089, § 19, 5-4-17)

An individual or any group of individuals, acting as a unit, whether or not legally constituted as an association, company, corporation, estate, family, partnership, syndicate, trust or other entity.

(Ord. No. 909, § 2 (Exh. A), 6-18-2009; Ord. No. 1089, § 18, 5-4-17)

Editor's note— Ord. No. 1809, § 18, adopted May 4, 2017, renumbered § 18.100.590 as § 18.100.585.

Personal services include establishments that provide frequent, needed services to individuals such as barbers, beauticians, health clubs, massage parlors, instruction studios, dry-cleaning, shoe repair, tanning salon, space and tailor/seamstress.

Professional services include consulting, real estate sales, accounting, legal services, financial advisors, professional design services, insurance companies and medical and dental offices providing out-patient care.

(Ord. No. 909, § 2 (Exh. A), 6-18-2009; Ord. No. 1089, § 18, 5-4-17)

Editor's note— Ord. No. 1809, § 18, adopted May 4, 2017, renumbered § 18.100.595 as § 18.100.590.

Any establishment, or part thereof, or premises or in-home care maintained for the purpose of providing socialization, training, or housing, in the absence of the owner, for less than 24 hours for pets owned by the general public for which a fee is charged. Exceptions to this definition would include state-inspected veterinary hospitals.

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

Any licensed establishment or store that acquires live animals bred elsewhere, including mammals, birds, reptiles, fowl and fish, but excluding livestock and sells or rents, or offers to sell or rent, the live animals to the public or to retail outlets. This definition shall not include livestock auctions, livery stables, or the operating residence of a breeder.

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

An area of land with its appurtenances and buildings which because of its unity of use may be regarded as the smallest conveyable unit.

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

The specific and primary purpose for which land or building is occupied, arranged, designed or intended, or for which either land or building is or may be occupied or maintained.

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

A structure or premises housing a fraternal or other membership organization. A club typically has a meeting room or rooms, cooking and dining facilities, and may include recreation and entertainment facilities.

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

Any land use or environmental permit or license required from the city for a project action, including but not limited to building permits, subdivisions, binding site plans, planned unit developments, conditional uses, shoreline substantial development permits, site plan review, permits or approvals required by sensitive area or critical area ordinances, master planned developments and site specific rezones authorized by a comprehensive plan or subarea plan, but excluding the adoption or amendment of a comprehensive plan, subarea plan, master planned development regulations or other development regulations.

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

A line bounding and indicating the ownership, or intended ownership, of a parcel of land.

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

A use owned, operated and/or maintained by a governmental entity (federal, state, local or special purpose district) that provides services to the public, such as fire stations, police stations, jails, cemeteries, libraries, athletic stadiums, parks and recreation facilities, and K-12 education.

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

A building, together with its accessory buildings and uses, which primary use is for persons to regularly assemble for religious purposes and related social events, and which is maintained and controlled by a religious body organized to sustain religious ceremonies and purposes. Other associated activities such as child care, community services, etc., may also occur.

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

An establishment that conducts research, development, testing, or controlled production of high technology electronic, industrial or scientific products or commodities for sale; or laboratories conducting educational or medical research or testing; includes such industries as bio-technology, pharmaceuticals, medical instrumentation or supplies, communication and information technology, and computer hardware and software.

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

Mineral extraction and processing, including asphalt or concrete plants and facilities and structures related to such activities; and forestry.

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

A commercial enterprise that provides 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. 909, § 2 (Exh. A), 6-18-2009)

Multifamily housing, cottage housing, or attached single-family housing for seniors that is age-restricted to occupancy or ownership by residents of which at least one in each dwelling unit is fifty-five years or older and that does not provide on-site life-care services and staffing for living support and health care.

(Ord. No. 909, § 2 (Exh. A), 6-18-2009; Ord. No. 1163, § 1, 8-5-21)

See the adopted Shoreline Master Program for shoreline-related definitions.

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

A street, alley or right-of-way other than the one on which a corner lot has its main frontage.

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

A state highway, county road or city thoroughfare designated as a primary or secondary arterial in the transportation element of the comprehensive plan.

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

A street or road not designated as a primary or secondary arterial.

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

Anything erected, the use of which has fixed location on or in the ground, or attachment to something having fixed location on the land, including but not limited to buildings, fences, signs and walls.

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

Technical research and the design, development, and testing of technological and/or/with biological components and products in advance of product manufacturing. Includes assembly of related products from parts produced off-site and limited on-site manufacturing of components where the manufacturing activity is secondary to the primary activities. Excludes any marijuana-related uses.

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

A specific zoned area or district designated on the official zoning map. Such area is subject to all the regulations applicable to the district that are contained in this title.

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

Facilities, either publicly or privately owned, for the conveyance of power, water, waste and storm water, and communications, whether "above ground" or "below ground" installations.

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

A modification of the regulations because of the unusual nature, shape, exceptional topographic conditions, or extraordinary situation or conditions connected with a specific piece of property, where the literal enforcement of this title would pose undue hardship unnecessary in carrying out the spirit of this title.

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

Any establishment or premises operated under the supervision of a duly licensed veterinarian for surgical or medical treatment of domestic animals and pets; it may include overnight accommodations for purposes of recovery.

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

Storage, wholesale, and distribution of manufactured products, supplies, and equipment, excluding bulk storage of materials that are flammable or explosive or that present hazards or characteristics commonly recognized as offensive.

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

An establishment or place of business primarily engaged in selling and/or distributing merchandise to retailers and not the general public; to 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.

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

An open space unoccupied from the ground to the sky of uniform depth or width which lies between the property line and building line, or between the shoreline and the building line. The inside boundary shall be considered parallel to the nearest property line.

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

A yard extending across the full width of the lot from one property line to another and measured as to depth at the least horizontal distance between street line and the required setback applicable to the particular zone district.

See Lot line, front definition for how to determine which property line is the front lot line.

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

A yard extending from one property line to another except in the case of corner lots when the rear yard shall extend from the interior side property line to the opposite side yard. A yard is measured as to depth at the least horizontal distance between the rear site line and the required setback applicable to the particular zone district.

See Lot line, rear definition for how to determine which property line is the rear lot line.

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

A yard extending from the front yard to the rear yard except in the case of corner building sites when the side yard on the flanking street shall extend to the rear property line.

See Street, flanking for definition to determine if a street is considered flanking.

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