– The definitions in this Chapter apply throughout this Code unless, from the context, another meaning is clearly intended.

A

– A use, activity, structure or part of a structure that is subordinate and incidental to the main activity or structure on the site.

– A use that is subordinate and incidental to a primary permitted use and is located on the same site or within the same structure as the primary use. Accessory uses are permitted only in conjunction with, and because of, the existence of a primary use. [Ord. 868 § 3, 2025]

– A building, or an area within a building accessory to a nonresidential primary use, providing provisions for living, cooking, sleeping, and sanitation for an employee, owner, or operator, and may include dependents. [Ord. 868 § 3, 2025; Ord. 355 § 1, 2002]

– Property that touches or is directly across a street, private street or access easement, or right of way (other than a freeway or principal arterial), from the subject property.

– Adult cabarets, adult massage parlors, adult motion picture theaters, adult panoram premises, adult sauna parlors, which are defined as follows:

1. Adult cabaret: A commercial establishment which presents go-go dancers, strippers, male or female impersonators, or similar types of entertainment and which excludes any person by virtue of age from all or any portion of the premises.

2. Adult massage parlor: A commercial establishment in which massage or other touching of the human body is provided for a fee and which excludes any person by virtue of age from all or any portion of the premises in which such service is provided.

3. Adult motion picture theater: A building, enclosure, or portion thereof, used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas for observation by patrons therein.

4. Adult panoram premise. A panoram premise used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas for observation by patrons therein.

5. Adult sauna parlor: A commercial sauna establishment which excludes any person by virtue of age from all or any portion of the premises. [Ord. 396 § 1, 2003, Ord. 291 § 3, 2000]

– The total housing costs, including basic utilities as determined by Burien, must not exceed 30 percent of the household income. [Ord. 849 § 3, 2024]

– The purpose of an airport unit load device is to enable individual pieces of cargo to be assembled into a standard-size unit to facilitate the rapid loading and unloading of airplanes having compatible handling and restraint systems. An airport unit load device includes any of the following:

1. Airplane pallet and pallet net.

2. Airplane pallet and net over a nonstructural container.

3. Airplane container.

– An improved thoroughfare or right-of-way, whether public or private, usually narrower than a street, that provides vehicular access to an interior boundary of one or more lots, and is not designated for general traffic circulation. [Ord. 428 § 3, 2005]

– Any human activity which results or is likely to result in an impact upon the existing condition of a critical area. Alterations include, but are not limited to, grading, filling, dredging, draining, channelizing, applying herbicides or pesticides or any hazardous substance, discharging pollutants except storm water, grazing domestic animals, paving, constructing, applying gravel, modifying for surface water management purposes, cutting, pruning, topping, trimming, relocating or removing vegetation or any other human activity which results or is likely to result in an impact to existent vegetation, hydrology, wildlife or wildlife habitat. Alterations do not include walking, fishing or any other passive recreation or other similar activities.

– A building or part of a building in which five or more pinball machines, video games, or other such player-operator amusement devices (excluding jukeboxes or gambling-related machines) are operated.

– Any animal, other than livestock or animals considered to be predatory or wild, which are kept either inside or outside a dwelling unit. Animals considered predatory or wild shall be considered small animals when they are taken into captivity for the purposes of breeding, domestication, training, hunting or exhibition. Small animals include, but are not limited to, dogs, cats, rabbits, domestic fowl, birds, snakes, rodents, miniature goats and miniature potbellied pigs. [Ord. 652 § 1, 2017; Ord. 355 § 1, 2002]

– Means an apparatus designed for the purpose of emitting radio frequency (RF) radiation, to be operated or operating from a fixed location pursuant to FCC authorization, for the provision of personal wireless service and any commingled information services. For purposes of this definition, the term antenna does not include an unintentional radiator, mobile station, or device authorized under 47 CFR Part 17. Types of antennas include, but are not limited to:

1. An omni-directional antenna receives and transmits radio frequency signals in a 360 degree radial pattern. A whip antenna is an omni-directional antenna that is up to 15 feet in height and up to four inches in diameter. A cylindrical antenna is an omni-directional antenna that is up to 8 feet in height and up to 18 inches in diameter.

2. A directional or panel antenna receives and transmits radio frequency signals in a specific directional pattern of less than 360 degrees.

3. Antennas attached as part of a small wireless facility. [Ord. 700 § 1, 2018; Ord. 385 § 1, 2003, Ord. 265 § 15, 1999]

– A building containing two or more dwelling units, which does not meet the definition of a townhouse. [Ord. 868 § 3, 2025]

– A property owner or any person or entity acting as an agent for the property owner in an application for a development proposal, permit or approval.

– A body of soil or rock that contains sufficient saturated material to conduct groundwater and yield usable quantities of groundwater to wells or springs. [Ord. 394 § 1, 2003]

– The perceived relative height and bulk of a building relative to that of neighboring buildings. [Ord. 273 § 1, 1999]

– Streets designated principal, minor or neighborhood arterials by the Burien Comprehensive Plan.

– Means the giving of emphasis to architectural elements (like windows, balconies, entries, etc.) that create a complementary pattern or rhythm dividing large buildings into smaller identifiable pieces. [Ord. 441 § 12, 2005]

– The production of goods using hand tools or small-scale, light mechanical equipment occurring within a fully enclosed building where such production requires no outdoor operations or storage and where the production, operations, and storage of materials related to production occupy a modest floor area. Typical uses have a negligible negative impact on surrounding properties including woodworking and cabinet shops, ceramic studios, jewelry manufacturing and similar arts and crafts, production of alcohol, or food processing. [Ord. 849 § 4, 2024]

– A place used by an artist, artisan, or craftsperson, including persons engaged in the application, teaching, or performance of fine arts such as but not limited to drawing, vocal, or instrumental music, painting, sculpture, and writing. [Ord. 849 § 5, 2024]

– A device, element or feature whose primary purpose is to express, enhance or illustrate aesthetic quality, feeling, physical entity, idea, local condition, historical or mythical happening, or cultural or social value. Examples of artwork include sculpture, bas relief sculpture, mural, or unique specially crafted lighting, furniture, pavement, landscaping, or architectural treatment that is intended primarily, but not necessarily exclusively, for aesthetic purposes. Signs are not considered artwork. [Ord. 273 § 1, 1999]

B

– An exterior floor projecting from and supported by a structure without additional independent supports. [Ord. 273 § 1, 1999, Ord. 437 § 12, 2005]

– A flood having a one percent chance of being equaled or exceeded in any given year, often referred to as the “100-year flood.” [Ord. 394 § 1, 2003]

– The water surface elevation of the base flood in relation to the National Geodetic Vertical Datum of 1929. [Ord. 394 § 1, 2003]

– A dwelling unit or accessory building within which bedrooms are available for paying guests on a nightly or weekly basis. [Ord. 355 § 1, 2002]

– A structure designed to contain one colony of honeybees (apis mellifera). [Ord. 355 § 1, 2002]

– Current scientific information used in the process to designate, protect, or restore critical areas, that is derived from a valid scientific process as defined by WAC 365-195-900 through 925. Sources of best available science are included in “Citations of Recommended Sources of Best Available Science for Designating and Protecting Critical Areas” published by the state Office of Community Development. [Ord. 394 § 1, 2003]

– Conservation practices or systems of practices and management measures that:

1. Control soil loss and reduce water quality degradation caused by high concentrations of nutrients, animal waste, toxics, and sediment;

2. Minimize adverse impacts to surface water and groundwater flow, circulation patterns, and to the chemical, physical, and biological characteristics of wetlands;

3. Protect trees and vegetation designated to be retained during and following site construction; and

4. Provide standards for proper use of chemical herbicides within critical areas.

The City shall monitor the application of best management practices to ensure that the standards and policies of BMC 19.40 are adhered to. [Ord. 394 § 1, 2003]

– A Low Impact Development BMP consisting of a shallow landscaped depression designed in accordance with BMC Title 13 to temporarily store and infiltrate stormwater runoff. [Ord. 659 § 2, 2016]

– Walls subject to “blank wall” requirements meet the following criteria:

1. Any wall or portion of a wall that has a surface area of 400 square feet having a width of at least 10 feet without a window, door, or building modulation as defined below or other architectural feature.

2. Any ground level wall surface or section of a wall over 4’ in height at ground level that is longer than 15’ as measured horizontally without having a ground level window or door lying wholly or in part within the 15’ section. [Ord. 273 § 1, 1999]

– An area contiguous to a critical area that is required to protect the critical area and provide for the continued maintenance, functioning, and/or structural stability of a critical area. A buffer is measured outward from the edge of the critical area. [Ord. 394 § 1, 2003]

– Any structure used or intended for supporting or sheltering any use or occupancy.

– The percentage of the area of a lot that is covered by the total horizontal surface area of the roof of a building.

– A stepping back or projecting forward of portions of a building facade within specified intervals of building width and depth, as a means of lessening the apparent bulk of a structure’s continuous exterior walls. [Ord. 441 § 12, 2005]

– An establishment engaged in selling goods or merchandise to the public and other retailers, contractors, or businesses, and rendering services incidental to the sale of such goods, involving a high volume of sales of products in a warehouse setting, and may include membership warehouse clubs, i.e., “big box” retail. Bulk retail is differentiated from general retail by any of the following characteristics:

1. Items for sale include large, categorized products, e.g., lumber, appliances, household furnishings, electrical and heating fixtures, and supplies, wholesale and retail nursery stock, etc., and may also include a variety of carry-out goods, e.g., groceries, household, and personal care products;

2. A large inventory of goods and merchandise is stored on-site in high-ceiling warehouse areas, high-rack displays, and/or outdoor storage areas; and

3. High volume truck traffic, regular pickup and delivery of large items, a designated contractor pick-up area, and high parking-to-building ratios. [Ord. 849 § 6, 2024]

C

– A quantitative measure of traffic congestion identified by a declining letter scale (A – F) as calculated by the methodology contained in the 1985 Highway Capacity Manual Special Report 209 or as calculated by another method approved by the department. LOS “A” indicates free flow of traffic with no delays while LOS “F” indicates jammed conditions or extensive delay. [Ord. 545 § 1, 2010, Ord. 28 § 1(40), 1993]

– A personal wireless service facility that is disguised, hidden or integrated with an existing or new building or support structure that does not appear to be a PWSF facility or support structure. It shall also mean any support structure sited among a stand of trees so as to be significantly screened from view; provided that the trees are legally protected from removal. [Ord. 265 § 16, 1999]

– A district’s, city’s, or utility’s facilities plan adopted by the school board, city council or utility board consisting of:

1. A forecast of future needs for facilities based on adopted projections;

2. The long-range construction and capital improvements projects of the district, city or utility;

3. The schools, streets or utilities under construction or expansion;

4. The proposed locations and capacities of expanded or new facilities;

5. At least a six-year financing plan component, updated as necessary to maintain at least a six-year forecast period, for financing needed facilities within projected funding levels, and identifying sources of financing for such purposes, including bond issues authorized by the voters and projected bond issues not yet authorized by the voters;

6. Any other long-range projects planned by the district, city or utilities.

7. The current capacity of facilities based on the district’s, city’s or utility’s adopted standard of service, and a plan to eliminate existing deficiencies, if any, without the use of impact fees; and

8. An inventory showing the location and capacity of existing facilities. [Ord. 545 § 1, 2010, Ord. 28 § 1(40), 1993]

– A standardized, reusable vessel that is or appears to be:

1. Originally, specifically or formerly designed for or used in the packing, shipping, movement or transportation of freight, articles, goods or commodities, and/or,

2. Designed for or capable of being mounted or moved on a rail car, and/or,

3. Designed for or capable of being mounted on a chassis or bogie for movement by truck trailer or loaded on a ship. [Ord. 369 § 1, 2002; Ord. 313 § 1, 2000]

– Land or structures used for burial or cremation of the dead (humans or animals), and related accessory uses.

– The designation of a street where pedestrians are given priority in the design and planned use of the street and where motorized vehicles are given secondary consideration if there is a conflict of use. [Ord. 273 § 1, 1999]

– The designation of a street where motorized vehicles are given priority in the design and planned use of the street and where pedestrian accommodations are considered comparable to motorized vehicles. [Ord. 273 § 1, 1999]

– Means (1) mounting or installing an antenna facility on a pre-existing structure, and/or (2) modifying a structure for the purpose of mounting or installing an antenna facility on that structure. Provided that, for purposes of Eligible Facilities Requests, “collocation” is as defined in BMC 19.50.070. [Ord. 700 § 1, 2018; Ord. 265 § 17, 1999]

– Residential development made up of independently rented and lockable sleeping units and a shared kitchen. [Ord. 881 § 1, 2025]

– Recreation space within a development or building that is accessible to and available for common use by all residents or groups of residents and their invitees. Examples of common recreation space include but are not limited to the following: courtyards, children’s play areas, exercise rooms, gardens, lounges, hospitality rooms and media rooms. [Ord. 587 § 1 (Exh. A), 2013]

– A use which serves the public and is generally of a public service, non-profit nature, including, but not limited to: food and clothing banks and other non-profit social service organizations.

– An area of land managed and maintained by a group of individuals to grow and harvest food and/or horticultural products for personal or group consumption or donation. [Ord. 560 § 1 (Exh. A), 2012]

– Living quarters meeting applicable federal and state standards that function as a single housekeeping unit and provide supportive services, including but not limited to counseling, rehabilitation and medical supervision, excluding drug and alcohol detoxification; if staffed by nonresident staff, each 24 staff hours per day equals one full-time residing staff member for subclassifying community residential facilities as follows:

1. Community residential facility-I: Nine to ten residents and staff.

2. Community residential facility-II: Eleven or more residents and staff.

– Replacing project-induced wetland losses or impacts, and includes, but is not limited to, the following:

1. Restoration – Actions performed to reestablish wetland functional characteristics and processes that have been lost by alterations, activities, or catastrophic events within an area that no longer meets the definition of a wetland.

2. Creation – Actions performed to intentionally establish a wetland at a site where it did not formerly exist.

3. Enhancement – Actions performed to improve the condition of existing degraded wetlands so that the functions they provide are of a higher quality. [Ord. 394 § 1, 2003]

– A confidential shelter is for victims of domestic violence as defined and regulated in RCW Chapter 70.123 and WAC Chapter 388-61A. Such facilities require confidentiality and are a subset of emergency shelters. [Ord. 850 § 1, 2024]

– Any open land area in which livestock are kept where the forage does not meet the definition of a grazing area. [Ord. 355 § 1, 2002]

– Repealed by Ord. 881. [Ord. 718 § 1, 2019]

– The Construction Code as amended and adopted by the City of Burien.

– An existing, legally established use in a non-residential zone that is not listed in the use zone chart for the zone in which the site is located. [Ord. 268 § 9, 1999]

– A small-scale convenience retail use that provides services and related goods for the routine maintenance of a motor vehicle. Services offered include, but are not limited to: auto detailing, provision of gasoline or diesel, oil change, lubrication, tune-ups, and car washing. Vehicle repair is not allowed as a convenience auto service use, except as an accessory use to a gas station.

– A small-scale retail use that provides consumers limited goods and/or services to meet their daily needs. Goods and services offered include, but are not limited to: banking, grocers, hair salons, laundries, pet care, and pharmacies. [Ord. 849 § 7, 2024]

– A type of neighborhood commercial use that is designed to meet the daily needs of residents and is compatible within the neighborhood in which it is located. Corner stores sell a limited inventory of items, including but not limited to perishable foods, over-the-counter medications, and household goods. Corner stores do not contain drive-throughs. Up to 10 percent of the gross floor area may be used for customer seating in small-scale food service establishments, such as delis, coffee shops, or ice cream parlors. [Ord. 868 § 3, 2025]

– A horizontal molding projecting along the top of a wall, building, etc. [Ord. 441 § 12, 2005]

– A cottage is a small, detached dwelling unit, not greater than 1,400 square feet in total floor area, that is developed as part of a cottage housing development. [Ord. 868 § 3, 2025; Ord. 718 § 1, 2019]

– Residential development consisting of at least two cottages that meet the following criteria:

1. All dwelling units are limited to a maximum square footage; and

2. 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. [Ord. 868 § 3, 2025; Ord. 718 § 1, 2019]

– A courtyard is a landscaped space surrounded by at least three sides of a single structure. For middle housing, a courtyard may be surrounded by two sides of a single structure and is not enclosed. [Ord. 868 § 3, 2025; Ord. 273 § 1, 1999]

– A residential building consisting of attached dwelling units arranged on two or three sides of a yard or court. [Ord. 868 § 3, 2025]

– Those areas that significantly contribute to the recharge of aquifers used for potable water as defined by WAC 365-190-030(2). Critical aquifer recharge areas have prevailing geologic conditions associated with infiltration rates that create a high potential for contamination of groundwater resources or contribute significantly to the replenishment of groundwater. [Ord. 394 § 1, 2003]

– Aquifer recharge areas, fish and wildlife habitat conservation areas, frequently flooded areas, geologically hazardous areas, streams, and wetlands.

– A facility necessary to protect the public health, safety and welfare and which is defined under the occupancy categories of “essential facilities,” “hazardous facilities” and “special occupancy structures” in the International Building Code. Critical facilities also include nursing homes, public roadway bridges and sites for hazardous substance storage or production, not including the temporary storage of consumer products containing hazardous substances intended for household use or for retail sale on the site. [Ord. 652 § 1, 2017]

– The critical root zone (CRZ) is an area around the tree equal to one (1) foot radius from the center point of the tree for each one (1) inch of tree trunk diameter measured at the diameter at standard height (DSH). For example, a tree with a twenty (20) inch diameter at standard height would have a CRZ with a twenty (20) foot radius and a forty (40) foot diameter. [Ord. 780 § 1, 2022]

– The inner critical root zone (ICRZ) is an area around the tree that is equal to a half (0.5) foot radius from the centerpoint of the tree for each one (1) inch of tree trunk diameter measured at DSH. This is equivalent to half of the radius of the CRZ. This is an area with a high concentration of structural roots critical to the stability and health of the tree. [Ord. 780 § 2, 2022]

– A use providing for display, performance, or enjoyment of heritage, history or the arts. This use includes, but is not limited to: museums, arts performance venues, cultural centers, or interpretive sites, but does not include commercially-operated theatres.

D

– A day care operation that is not a family day care home I or family day care home II.

– The temporary care of persons for periods of less than twenty-four hours in a dwelling unit or structure on a regular or recurring basis for pay or other valuable consideration including, but not limited to the furnishing of shelter, sustenance, supervision, education or other supportive services, but not including drug or alcohol rehabilitation services.

– A plant species with foliage that is shed annually. [Ord. 293 § 1, 2000]

– An exterior floor supported on at least two opposing sides by an adjacent structure, and/or posts, piers or other independent supports. [Ord. 273 § 1, 1999, Ord. 437 § 12, 2005]

– The city of Burien department of community development. [Ord. 545 § 1, 2010, Ord. 28 § 1(40), 1993]

– Any activities requiring a permit or other approval from the city of Burien relative to the use or development of land. [Ord. 545 § 1, 2010, Ord. 28 § 1(40), 1993]

– The legal boundaries of the parcel or parcels of land for which an applicant has or should have applied for authority from the city of Burien to carry out a development proposal. [Ord. 545 § 1, 2010, Ord. 28 § 1(40), 1993]

– Until otherwise amended by the city council, development standards for streets, roads, parks, open space, trails, utilities or other public improvements shall be those of King County; including King County’s Shoreline Master Program. [Ord. 545 § 1, 2010, Ord. 28 § 1(40), 1993]

– Any increase in vehicle traffic generated by a proposed development which equals or exceeds 10 peak hour, peak direction vehicle trips on any roadway or intersection. [Ord. 545 § 1, 2010, Ord. 28 § 1(40), 1993]

– The director of the City of Burien Department of Community Development Services or his/her designee.

– Artificial drainage features created in uplands through purposeful human action, such as irrigation and drainage ditches, grass-lined swales, and canals. Purposeful creation must be demonstrated through documentation, photographs, statements, and/or other evidence. [Ord. 394 § 1, 2003]

– Domesticated birds commonly associated with farms and used for eggs or meat. Domestic fowl include but is not limited to chickens, ducks, geese and turkeys. [Ord. 355 § 1, 2002]

– A residential building consisting of two attached dwelling units. [Ord. 868 § 3, 2025]

– A building or part thereof providing complete and independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking, and sanitation. [Ord. 868 § 3, 2025]

– A dwelling unit located on a lot developed with a single detached dwelling unit or middle housing building(s) that operate completely independent from the residential primary use, and which is either:

1. A freestanding detached structure or part thereof; or

2. Has one or more vertical and/or horizontal walls in common with the residential primary use, but is separate from the residential primary use, either because there is no interior connection between the ADU and the residential primary use or because any interior connection is securable by lock from within the ADU. [Ord. 868 § 3, 2025; Ord. 724 § 1, 2019]

– Repealed by Ord. 868.

– Repealed by Ord. 868. [Ord. 355 § 1, 2002]

– Repealed by Ord. 868.

– Repealed by Ord. 868.

– A detached building on a single lot containing one dwelling unit, or a factory-assembled structure constructed to State Building Code standards.

E

– A commercial use which sells prepared food or beverages and generally offers accommodations for consuming the food or beverage on the premises, and where the seating and associated circulation areas exceed ten percent of the gross floor area of the use.

– Ecoregions are defined using EPA’s Ecoregions of the Pacific Northwest Document No. 600/3-86/033 July 1986 by Omernik and Gallant. The term ecoregions is used to define a mapped classification of the ecosystem regions of the United States. Ecoregions are generally considered to be regions of relative homogeneity in ecological systems or in relationships between organisms and their environments. In general, ecoregions have a distinct composition and distribution of plant and animal species. [Ord. 623 § 1, 2015]

– A temporary, indoor accommodation for individuals or families who are homeless or at imminent risk of becoming homeless to address the basic health, food, clothing, and personal hygiene needs of individuals or families. Emergency housing may require occupants to enter into a lease or an occupancy agreement under RCW 36.70A.030(14) or as amended. [Ord. 850 § 2, 2024]

– A facility that provides a temporary shelter for individuals or families who are currently homeless. Emergency shelter shall 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 under RCW 36.70A.030(15) or as amended. [Ord. 850 § 3, 2024]

– A 1973 act of Congress that mandated that endangered and threatened species of fish, wildlife, and plants be protected and restored. [Ord. 394 § 1, 2003]

– A residential facility licensed by the Washington State Department of Social and Health Services and as defined by RCW 70.97.010(11) or as amended by the State Legislature. Enhanced services facility (ESF) means a residential facility that provides services to persons for whom acute inpatient treatment is not medically necessary and who have been determined by the Department of Social and Health Services to be inappropriate for placement in other licensed facilities due to complex needs. [Ord. 734 § 2, 2020]

– An action which increases the functions and values of a stream, wetland or other critical area or buffer. [Ord. 394 § 1, 2003]

– A facility, shelter, cabinet or vault used to house and protect the electronic equipment necessary for processing wireless communications signals. Associated equipment may include, for example, air conditioning, backup power supplies and emergency generators. [Ord. 265 § 18, 1999]

– High-capacity mechanical devices for moving earth or other materials, and mobile power units including, but not limited to: carryalls, graders, loading and unloading devices, cranes, drag lines, trench diggers, tractors, augers, bulldozers, concrete mixers and conveyers, harvesters, combines, or other major agricultural equipment and similar devices operated by mechanical power as distinguished from manpower. [Ord. 355 § 1, 2002]

– The process by which soil particles are mobilized and transported by natural agents such as wind, rainsplash, frost action or surface water flow.

– Lands underlain by soils which are subject to severe erosion when disturbed. Specialty areas with slope inclinations greater than 15 percent and either extending over a distance of 50 feet or with more than 10 feet of vertical relief that will be disturbed or stripped of vegetation, exposing existing soils. [Ord. 878 § 2, 2025]

– Those facilities described in RCW 36.70A.200.

– A plant species with foliage that persists and remains green year round. [Ord. 293 § 1, 2000]

F

– The Federal Aviation Administration. [Ord. 265 § 19, 1999]

– Any portion of an exterior elevation of a building extending from the finish grade of the building to the top of the parapet wall or eaves, for the entire width of the building elevation. [Ord. 273 § 1, 1999]

– Repealed by Ord. 868.

– A day care operation held within the dwelling unit of the provider with no more than 16 attendees at any one time, not including the household members who reside in the dwelling unit. [Ord. 868 § 3, 2025; Ord. 849 § 8, 2024]

– Repealed by Ord. 868. [Ord. 849 § 9, 2024]

– The Federal Communications Commission. [Ord. 265 § 20, 1999]

– The channel of the stream and that portion of the adjoining floodplain which is necessary to contain and discharge the base flood flow without increasing the base flood elevation more than one foot. [Ord. 394 § 1, 2003]

– A fee-in-lieu program allows commercial development in certain zones, under some circumstances, to pay a fee for each parking space that otherwise would have been required, rather than construct the parking space. A tree replacement fee-in-lieu provides the option to pay a fee for trees that are otherwise required to be planted. [Ord. 780 § 3, 2022; Ord. 531 § 1, 2010]

– A barrier for the purpose of enclosing space or separating lots, composed of:

1. Masonry or concrete walls, excluding retaining walls; or

2. Wood, metal or concrete posts connected by boards, rails, panels, wire or mesh.

– Finished floor area is the total area (total living area) of a home (main and wings) less any built-in garage area and any bi-level unfinished lower level area. [Ord. 652 § 1, 2017]

– Those areas for maintaining populations of species in suitable habitats within their natural geographic distribution so that the habitat available is sufficient to support viable populations over the long term and isolated subpopulations are not created. Fish and wildlife habitat conservation areas do 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. This does not mean maintaining all individuals of all species at all times, but it does mean not degrading or reducing populations or habitats so that they are no longer viable over the long term. [Ord. 878 § 2, 2025]

– Habitat that is used by fish at any life stage at any time of the year, including potential habitat likely to be used by fish that could be recovered by restoration or management and includes off-channel habitat. [Ord. 394 § 1, 2003]

– A residential building consisting of five attached dwelling units. [Ord. 868 § 3, 2025]

– That portion of the floodplain outside of the zero-rise floodway which is covered by floodwaters during the base flood, generally associated with standing water rather than rapidly flowing water. [Ord. 394 § 1, 2003]

– Those areas subject to inundation by the base flood including, but not limited to, streams, lakes, wetlands and closed depressions. [Ord. 394 § 1, 2003]

– The official map on which the Federal Insurance Administration has delineated some areas of flood hazard. [Ord. 394 § 1, 2003]

– The official report provided by the Federal Insurance Administration which includes flood profiles and the Flood Insurance Rate Map. [Ord. 394 § 1, 2003]

– An elevation which is one foot above the base flood elevation. [Ord. 394 § 1, 2003]

– The total area subject to inundation by the base flood. [Ord. 394 § 1, 2003]

– Adaptations which will make a structure that is below the flood protection elevation substantially impermeable to the passage of water and resistant to hydrostatic and hydrodynamic loads including the impacts of buoyancy. [Ord. 394 § 1, 2003]

– The channel of a stream and that portion of the adjoining floodplain which is necessary to contain and discharge the base flood flow without any measurable increase in flood height. A measurable increase in base flood height means a calculated upward rise in the base flood elevation, equal to or greater than .01 foot, resulting from a comparison of existing conditions and changed conditions directly attributable to development in the floodplain. This definition is broader than that of the FEMA floodway, but always includes the FEMA floodway. The boundaries of the 100-year floodplain, as shown on the Flood Insurance Study for King County, are considered the boundaries of the zero-rise floodway unless otherwise delineated by a critical area study. [Ord. 394 § 1, 2003]

– The exterior outline of a structure where it meets the earth.

– Any activity regulated by the Washington Department of Natural Resources in WAC Title 222 or Chapter 79.06 RCW for which a forest practice permit is required, together with:

1. Fire prevention, detection and suppression; and

2. Slash burning or removal. [Ord. 394 § 1, 2003]

– A residential building consisting of four attached dwelling units. [Ord. 868 § 3, 2025]

– Frequently flooded areas are lands in the floodplain subject to at least a one percent or greater chance of flooding in any given year, or within areas subject to flooding due to high groundwater. These areas include, but are not limited to, streams, rivers, lakes, coastal areas, wetlands, and areas where high groundwater forms ponds on the ground surface. [Ord. 623 § 1, 2015]

– The length of a property line along a street. For the purposes of BMC 19.30 (Signs), frontage shall also include the length of a property line along a vehicular access easement or tract. [Ord. 273 § 1, 1999; Ord. 358 § 1, 2002]

– The beneficial roles served by critical areas including, but not limited to, water quality protection and enhancement, fish and wildlife habitat, food chain support, flood storage, conveyance and attenuation, groundwater recharge and discharge, erosion control, wave attenuation, protection from hazards, historical and archaeological and aesthetic value protection, and recreation. These beneficial roles are not listed in order of priority. [Ord. 394 § 1, 2003]

G

– A detached structure which is accessory to a single detached dwelling unit and to which there is legal vehicular access from a public right-of-way, designed for the storage of motor vehicles or boats of the residents of the single detached dwelling unit. [Ord. 523 § 1, 2009]

– Areas that because of their susceptibility to erosion, sliding, earthquake or other geological events, are not suited to siting development due to public health and safety concerns per WAC 365-190-120. These areas include, but are not limited to, erosion hazard areas, landslide hazard areas and seismic hazard areas. [Ord. 878 § 2, 2025]

– A person who has earned a degree in geology from an accredited college or university and has at least five years of experience as a practicing geologist. The practical experience shall include at least three years work conducting slope stability and ground water hydrology evaluations in close association with qualified practicing geologists and geotechnical engineers.

– A practicing geotechnical engineer licensed as a professional civil engineer in the state of Washington and who has at least four years of professional employment as a geotechnical engineer in responsible charge, including experience with landslide evaluation.

– A recreational facility under private ownership, designed and developed for the playing of golf, and which may include related accessory uses.

– Services and facilities operated by any level of government, excluding those uses listed separately in this Code.

– The average ground level at the midpoint of all exterior walls of a building. In case walls are parallel to and within five feet of a sidewalk, the sidewalk shall be considered the finished ground level.

– The grade following development. [Ord. 428 § 3, 2005]

– The topography of the lot immediately prior to any site preparation or grading, including excavation or filling.

– Any excavation, filling, removing the duff layer or any combination thereof.

– Any open land area used to pasture livestock in which suitable forage is maintained over 80 percent of the area at all times of the year. [Ord. 355 § 1, 2002]

– Stores where most of the floor area is devoted to food product sales for home preparation and consumption and may offer home and personal care products. [Ord. 849 § 10, 2024]

– The total square footage of all floors in a structure as measured from either the interior surface of each exterior wall of the structure or, if the structure does not have walls, from each outer edge of the roof. Area used to meet minimum parking requirements is not included in gross floor area.

– Living plants designed to grow low to the ground (generally one foot or less) and intended to stabilize soils and protect against erosion. [Ord. 293 § 1, 2000]

– Water in a saturated zone or stratum beneath the surface of the land or below a surface water body. [Ord. 394 § 1, 2003]

H

– A place where fish eggs are incubated to produce young.

– A substance as defined in RCW 70.105.010.

– The following applies only to BMC 19.40: Any hazardous waste, hazardous substance, dangerous waste, or extremely hazardous waste that are physical or health hazards as defined and classified in Chapter 70.105 RCW and Chapter 173-303 WAC, whether the materials are in usable or waste condition, that may degrade groundwater quality when improperly stored, handled, treated, used, produced, recycled, disposed of, or otherwise mismanaged. Hazardous materials shall also include petroleum or petroleum products that are in a liquid phase at ambient temperatures, including any waste oils or sludges. [Ord. 394 § 1, 2003]

– A form provided by the City of Burien and completed by a facility owner or operator that discloses the types and estimated amounts of hazardous materials used by the facility and the operational activities of the facility so as to establish the level of risk associated with those hazardous materials and activities for determination of regulatory status. [Ord. 394 § 1, 2003]

– A substance as defined in RCW 70.105.010.

– All dangerous and extremely hazardous waste as defined in RCW 70.105.010(15), or its successor, except for moderate risk waste as set forth in RCW 70.105.010(17), or its successor.

– The holding of hazardous waste for a temporary period, as regulated by the State Dangerous Waste Regulations, Chapter 173-303 WAC, or its successor.

– The physical, chemical, or biological processing of hazardous waste for the purpose of rendering these wastes nondangerous or less dangerous, safer for transport, amenable for energy or material resource recovery, amenable for storage, or reduced in volume, as regulated by the State Dangerous Waste Regulations, Chapter 173-303 WAC, or its successor.

– The vertical distance measured from average natural grade, to the highest point of the structure.

– A tree that has been designated a City of Burien Community Landmark and is protected and preserved pursuant to BMC 19.85 Protection and Preservation of Landmarks. Any person, group or the City may nominate a tree, but the property owner shall consent in writing before the nomination will be considered. To be eligible for heritage designation the tree must be more than 40 years old, have State or local cultural/historic importance and be rare or exceptional by virtue of its size, species, condition, and/or contribution as part of a grove of trees which is determined to be of historical value. [Ord. 648 § 1, 2017]

– A use engaged in research and development, testing, assembly, repair, and manufacturing in the following industries: bio-technology, pharmaceuticals, medical instrumentation or supplies, communications and information technology, electronics and instrumentation, and computer hardware and software. Office, warehousing, wholesaling and distribution of the finished products produced at the site are allowed as part of this use.

– Any business or occupation undertaken for financial gain within a dwelling unit or accessory building that is incidental and secondary to the residential use of the premises. Telecommuting, which is work done from home on a part-time basis for a business that is based off the premises, is not a home occupation. [Ord. 355 § 1, 2002]

– An institution providing primary health services and medical or surgical care to persons, primarily inpatients, suffering from illness, disease, injury, deformity and other abnormal physical or mental conditions, and including, as an integral part of the institution, related facilities such as laboratories, outpatient facilities, extended care facilities, medical offices, training facilities, pharmacies, and eating and drinking establishment.

– The perceived size of a building relative to a human being. A building is considered to have “good human scale” if there is an expression of human activity or use that indicates the building’s size. For example, traditionally sized doors, windows, and balconies are elements that respond to the size of the human body, so these elements in a building indicate a building’s overall size. [Ord. 273 § 1, 1999]

I

– Any nonvertical surface artificially covered or hardened to prevent or impede the percolation of water into the soil mantle, including, but not limited to, roof tops, swimming pools, paved roads and walkways, or parking areas, and excluding landscaping and surface water retention/detention facilities. [Ord. 868 § 3, 2025]

– The sum of the percentage of the lot covered by impervious surface and the percentage of the lot covered by permeable pavement. [Ord. 659 § 1, 2016]

– Public road rights-of-way that have been improved with at least two travel lanes and are maintained by either the city of Burien, King County or the state of Washington. [Ord. 545 § 1, 2010, Ord. 28 § 1(40), 1993]

– A well that is used for the subsurface emplacement of fluids, including Class I, II, II, IV, and V wells as defined in Chapter 173-218 WAC. [Ord. 394 § 1, 2003]

– To replace critical areas with substitute areas whose characteristics and functions closely approximate those destroyed or degraded by a regulated activity. It does not mean replacement “in category.” [Ord. 394 § 1, 2003]

– Repealed by Ord. 620.

K

– A place where dogs or cats are temporarily boarded for compensation, whether or not for training.

– A room or part of a room which is used, intended, or designed to be used for preparing food. The kitchen includes facilities, or utility hookups for facilities, sufficient to prepare, cook, and store food, and wash dishes, including, at a minimum, countertops, a kitchen-style sink, space and utilities sufficient for a gas or 220/240v electric stove and oven, and a refrigerator. [Ord. 881 § 1, 2025]

– A room or part of a room which is used, intended, or designed to be used for basic food preparation, with a sink and at least one 120v electrical outlet. [Ord. 881 § 1, 2025]

L

– Live vegetative materials required for a development. Said materials provided along the boundaries of a site are referred to as perimeter landscaping. Landscaping provided on the remainder of the site is referred to as interior landscaping. [Ord. 293 § 1, 2000]

– Episodic downslope movement of a mass including, but not limited to, soil, rock or snow.

– Lands that are potentially subject to risk of mass movement due to a combination of factors, including historic failures, geologic, topographic and hydrologic features, including any of the following:

1. Any slope with a vertical relief of 10 feet or more that is steeper than 15 percent with a combination of:

A. Impermeable soils, such as silt and clay, frequently interbedded with granular soils, such as sand and gravel; and

B. Springs or ground water seepage;

2. Any slope with a vertical relief of 10 feet or more that is 40 percent or steeper, except areas composed of consolidated rock;

3. Any area designated or mapped as class U, UOS or URS by the Department of Ecology Coastal Zone Atlas;

4. Any area subject to wave erosion and bluff retreat;

5. Any area which has shown movement during the Holocene epoch, from 10,000 years ago to the present, or which is underlain by mass wastage debris from that epoch;

6. Any area potentially unstable as a result of rapid stream incision, stream bank erosion or undercutting by wave action;

7. Any area located on an alluvial fan, presently subject to or potentially subject to inundation by debris flows or deposition of stream-transported sediments. [Ord. 878 § 2, 2025]

– Small retail uses in residential zones that can be documented to have existed before 1950 and where essential historic features of the storefront – such as the entrance, window(s), cladding, and other architectural features – remain or can be restored consistent with the design and function of the building before 1950. [Ord. 752 § 1, 2021]

– A use that involves the manufacturing, production, processing, fabrication, assembly, treatment, repair and/or packaging of finished products, predominantly from previously prepared and/or refined materials (or from raw materials that do not need refining). Warehousing, wholesaling and distribution of the finished products produced at the site is allowed as part of this use.

– Grazing animals kept either in open fields or structures for training, boarding, home use, sales, or breeding and production, including but not limited to: cattle, riding and draft horses, hogs, sheep, full-size goats, miniature horses, llamas, and alpacas. [Ord. 652 § 1, 2017; Ord. 355 § 1, 2002]

– A live/work unit is a single unit (e.g., studio, loft, or one bedroom) consisting of a commercial or office and a residential component occupied by the same resident. [Ord. 849 § 11, 2024]

– A space for the temporary parking of a vehicle while loading or unloading cargo or passengers. [Ord. 292 § 2, 2000]

– A building or portion thereof designed or used for the transient rental of rooms for sleeping. Accessory shops and services catering to the general public may be provided. Not included are institutions housing persons under legal restraint or requiring medical attention or care.

– A physically separate and distinct parcel of property, which has been created pursuant to the City of Burien subdivision regulations, or was legally created prior to February 28, 1993.

– The total land area, excluding submerged land, contained within the property lines of a lot.

– The numerical averaging of lot areas to determine compliance with the minimum lot area requirements of this title. [Ord. 428 § 3, 2005]

– A lot abutting upon two or more streets at their intersections, or upon two parts of the same street, such streets or parts of same street forming an interior angle of less than 135 degrees within the lines. Corner lots have two street frontages, primary and secondary. The primary street shall be the one that the building is primarily oriented to. [Ord. 545 § 1, 2010, Ord. 103 § 1, 1994; Ord. 28 § 1(40), 1993]

– A small scale drainage facility or feature designed in accordance with BMC Title 13 that is part of a development site strategy to use processes such as infiltration, dispersion, storage, evaporation, transpiration, forest retention, and reduced impervious surface footprint to mimic pre-developed hydrology and minimize stormwater runoff. [Ord. 659 § 3, 2016]

M

– [Repealed, Ord. 265 § 34, 1999]

– Construction from the bare ground or an enlargement or modification of an existing structure in excess of 50% of the current King County assessment value for the existing structure (excluding tenant improvements), as determined by BMC Title 15. [Ord. 273 § 1, 1999]

– 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. 599 § 1, 2014]

– A facility licensed by the State Liquor Control Board to process marijuana into usable marijuana and marijuana-infused products, package and label usable marijuana and marijuana-infused products for sale in retail outlets, and sell usable marijuana and marijuana-infused products at wholesale to marijuana retailers. [Ord. 599 § 1, 2014]

– A facility licensed by the State Liquor Control Board for the production and sale at wholesale of marijuana to marijuana processors and other marijuana producers. [Ord. 599 § 1, 2014]

– A facility licensed by the State Liquor Control Board where usable marijuana and marijuana-infused products may be sold at retail. [Ord. 599 § 1, 2014]

– Products that contain marijuana or marijuana extracts and are intended for human use. The term “marijuana-infused products” does not include usable marijuana. [Ord. 599 § 1, 2014]

– A complete development plan for the site showing: placement, dimensions and uses of all structures as well as streets and other areas used for vehicular circulation.

– [Repealed, Ord. 265 § 34, 1999]

– Diameter at standard height (DSH), which means the diameter of a tree trunk measured at 4.5 feet above average grade, is used in determining the diameter of existing trees. Where a tree has a branch(es) or swelling that interferes with the measurement at 4.5 feet above average grade or where a tree tapers below this point, the diameter is measured at the narrowest point below 4.5 feet. For trees located on a slope, the 4.5 feet is measured from the average of the highest and lowest ground points or, on very steep slopes where this is not possible, the lowest practical point on the uphill side. Where a tree splits into several trunks close to ground level, the DSH for the tree is the square root of the sum of the DSH for each individual stem squared (example with 3 stems: DSH = square root [(stem1)^2 + (stem2)^2 + (stem3)^2]). [Ord. 780 § 4, 2022]

– A residential building or building(s) that are compatible in scale, form, and character with single detached dwelling units, limited in height to a maximum of 35 feet, and containing two or more attached, stacked, or clustered dwelling units including cottage housing, courtyard apartments, duplexes, triplexes, fourplexes, fiveplexes, townhouses, and stacked flats. [Ord. 868 § 3, 2025]

– The use of any or all of the following actions listed in descending order of preference:

1. Avoiding the impact by not taking a certain action;

2. Minimizing the impact by limiting the degree or magnitude of the action by using appropriate technology or by taking affirmative steps to avoid or reduce the impact;

3. Rectifying the impact by repairing, rehabilitating or restoring the affected critical area or buffer;

4. Reducing or eliminating the impact over time by preservation or maintenance operations during the life of the development proposal;

5. Compensating for the impact by replacing, enhancing or providing substitute critical areas and environments; and

6. Monitoring the impact and taking appropriate corrective measures.

– A project or building that combines non-residential use with dwelling units, either in the same building, or in different buildings located on the same site.

– Any MU zone. [Ord. 849 § 12, 2024]

– A structure transportable in one or more sections; that in the traveling mode is eight body feet or more in width or 32 body feet or more in length; or when erected on site, is 320 square feet or more in area; built on a permanent chassis; designed to be used as a dwelling unit, with or without permanent foundation, when connected to the required utilities; which contains plumbing, heating, air-conditioning and electrical systems; and shall include any structure that meets all the requirements of this section, or of Chapter 296-150B WAC, except the size requirements for which the manufacturer voluntarily complies with the standards and files the certification required by the Department of Housing and Urban Development (“HUD”).

– A development with two or more improved pads or spaces designed to accommodate mobile homes.

– Dwelling units that are prefabricated homes consisting of repeated sections called modules. [Ord. 718 § 1, 2019]

– Modulation is a stepping back or projecting forward of portions of a building face within specified intervals of building width and depth, as a means of breaking up the apparent bulk of a structure’s continuous exterior walls. [Ord. 273 § 1, 1999]

– Evaluating the impacts of development proposals on biologic, hydrologic and geologic systems and assessing the performance of required mitigation through the collection and analysis of data for the purpose of understanding and documenting changes in natural ecosystems, functions and features including, but not limited to, gathering baseline data.

– A support structure that consists of a single steel or wood pole sunk into the ground and/or attached to a concrete pad. Monopoles exclude poles used solely for small wireless facilities. [Ord. 700 § 1, 2018; Ord. 265 § 21, 1999]

– This use includes, but is not limited to, direct sales, rental, or leasing of passenger vehicles, light and medium trucks, and other consumer motor vehicles such as boats, motorcycles, and recreational vehicles. [Ord. 849 § 13, 2024]

N

– Vegetation comprised of plant species, other than noxious weeds, that is indigenous to the coastal region of the Pacific Northwest and which reasonably could have been expected to naturally occur in the Puget Sound region. [Ord. 394 § 1, 2003]

– Any use, site improvement or structure established in conformance with the City of Burien, or King County if prior to March 1, 1993, rules and regulations in effect at the time of establishment, that no longer conforms to the uses permitted in the site’s current zone, or to the current development standards of the code due to changes in the code or its application to the site. [Ord. 268 § 10, 1999]

– Any plant which is highly destructive, competitive, or difficult to control by cultural or chemical practices, limited to those plants on the state noxious weed list contained in Chapter 16-750 WAC and those regulated by King County. [Ord. 394 § 1, 2003]

– Net acre is the gross acre less the estimated area to be transferred (e.g., sale, dedication, or donation) to public ownership from individual parcels. [Ord. 849 § 14, 2024]

– The usable or net square footage of floor area, exclusive of areas such as but not limited to building maintenance areas, storage areas, closets, or restrooms [Ord. 313, § 1, 2000].

– The following zones: MU-CD, MU-1, MU-1 BP, MU-2, MU-2 E, MU-DT, MU-A, AI-1, AI-2, I, and SPA-2. [Ord. 849 § 15, 2024; Ord. 529, 2009, Ord. 396 § 1, 2003, Ord. 382 § 4, 2003, Ord. 265 § 22, 1999]

– An establishment as defined in RCW 18.51.010.

O

– Use of land or structure for parking of motor vehicles as a commercial enterprise where hourly, daily, weekly or monthly fees are charged and transportation is provided for users to a separate off-site commercial use. [Ord. 510 § 1, 2009]

– A facility that stores and/or treats hazardous wastes generated on a site other than the site where the storage and/or treatment occurs.

– A facility that stores and/or treats hazardous wastes generated on the same site where the storage and/or treatment occurs.

– A place of employment providing professional, administrative, educational, business or governmental services other than production, distribution, sale or repair of goods or commodities. The following is a nonexclusive list of office uses: medical, dental or other health care; veterinary, accounting, architectural, engineering, consulting or other similar professional services; management, administrative, secretarial, marketing, advertising, personnel or other similar services; sales offices where no inventories or goods are available on the premises, real estate, insurance, travel agent, brokerage or other similar services.

– A fence in which the solid portions are evenly distributed and constitute no more than 50 percent of the total surface area. [Ord. 545 § 1, 2010, Ord. 28 § 1(40), 1993]

– The mark found by examining the bed and banks of a stream, lake, or tidal water and ascertaining where the presence and action of waters are so common and long maintained in ordinary years as to mark upon the soil a vegetative character distinct from that of the abutting upland. In any area where the ordinary high water mark cannot be found, the line of mean high water shall substitute. In any area where neither can be found, the top of the channel bank shall substitute. In braided channels and alluvial fans, the ordinary high water mark or line of mean high water shall be measured so as to include the entire stream feature.

– A property owner as reflected in the title records, who makes his/her legal residence at the site as evidenced by voter registration, vehicle registration, or similar means, and resides at the site more than six months out of any given year. [Ord. 355 § 1, 2002]

P

– Any device which, for payment of a fee, membership fee or other charge, is used to view, exhibit or display a film or videotape. A panoram device also refers to a panoram, preview, picture arcade or peep show. The term panoram device does not include games which employ pictures, views or video displays, or gambling devices regulated by the state. [Ord. 291 § 4, 2000]

– Any premises or portion of any premises on which any panoram device is located and to which members of the public are admitted. Panoram premises does not include movie or motion picture theater auditoriums capable of seating more than five people. [Ord. 291 § 5, 2000]

– That portion of the off-street parking area used exclusively for the maneuvering and circulation of motor vehicles and in which parking is prohibited. [Ord. 292 § 3, 2000]

– An area accessible to vehicles, improved, maintained and used for the sole purpose of parking a motor vehicle. [Ord. 292 § 4, 2000]

– A surfaced area of the ground beyond a building designed, established, and/or installed to provide for outdoor living, cooking, and recreation, some sides of which are open and which may or may not have a permanent overhead covering. [Ord. 437 § 12, 2005]

– An impervious pavement, a permeable pavement or a compacted gravel surface. [Ord. 659 § 4, 2016]

– An establishment that engages, in whole or in part, in the business of loaning money on the security of pledges of personal property, or deposits or conditional sales of personal property, or the purchase or sale of personal property.

– The hour during the morning or afternoon when the most critical level of service occurs for a particular roadway or intersection. [Ord. 545 § 1, 2010, Ord. 28 § 1(40), 1993]

– Ground floor facades that contain the following characteristics:

(a) Transparent window area or window displays along a minimum of 75 percent of the ground floor facade between a height of 2 feet to 8 feet above the ground.

(b) The primary building entry shall be on this facade. [Ord. 441 § 12, 2005]

– A pedestrian-oriented space is an area located outside of the right-of-way, between a building and a street or along a pedestrian path which promotes visual and pedestrian access onto the site and provides pedestrian-oriented amenities and landscaping to enhance the public’s use of the space for passive activities such as resting, reading, picnicking, etc.

1. To qualify as a “pedestrian-oriented space”, an area must have:

A. Visual and pedestrian access (including handicapped access) into the site from the street.

B. Paved walking surfaces of either concrete or approved unit paving.

C. On-site or building-mounted lighting providing at least 4-foot candles at ground level with lighting level uniformity, average to minimum, shall be 2:1 or better.

D. At least 2 square feet of seating area (bench, ledge, etc.) or one individual seat per 60 SF of plaza area or open space.

2. A “pedestrian-oriented space” is encouraged to have:

A. Landscaping that does not act as a visual barrier.

B. Site furniture, artwork, or amenities such as fountains, kiosk, etc.

3. A “pedestrian-oriented space” shall not have:

A. Asphalt or gravel pavement (note: crushed granite may be used to protect tree roots).

B. Adjacent non-buffered parking lots.

C. Adjacent chain-link fences.

D. Adjacent blank walls without “blank wall treatment”. [Ord. 273 § 1, 1999]

– Subsidized, leased housing with no limit on length of stay that prioritizes people who need comprehensive support services to retain tenancy and utilizes admission 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- 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 before 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 housing resident with community-based health care, treatment, or employment services. Permanent supportive housing is subject to all rights and responsibilities defined in RCW Chapter 59.18 under RCW 36.70A.030(31) or as amended. [Ord. 850 § 4, 2024]

– An area of pavement constructed of pervious concrete, porous asphalt, permeable interlocking pavers, pervious vegetated grids or other forms of porous or pervious paving material intended to allow passage of water through the pavement section. [Ord. 659 § 5, 2016]

– A site, building, and/or structure that contains facilities to provide personal wireless services. A personal wireless service facility includes at least one of the following: antenna, support structure, and/or equipment enclosure. Personal wireless service facilities include small wireless facilities. [Ord. 700 § 1, 2018; Ord. 265 § 23, 1999]

– As defined in Title 47, United States Code, Section 332(c)(7)(C), as they may be amended now or in the future. [Ord. 265 § 24, 1999]

– A covered shelter projecting in front of the entrance of a building. [Ord. 868 § 3, 2025]

– The facade containing the building or individual business’ primary entrance. [Ord. 441 § 12, 2005]

– The structure that contains the primary use. [Ord. 523 § 1, 2009]

– The use listed in Chapter 19.15 for which the majority of the total square footage of a site is designed, arranged, occupied, dedicated or maintained. [Ord. 523 § 1, 2009]

– Solely or primarily for the use of residents or occupants of the premises; e.g., a noncommercial garage used solely by residents or their guests is a private garage. [Ord. 545 § 1, 2010, Ord. 28 § 1(40), 1993]

– An association of persons organized for some common purpose, but not including groups organized primarily to render a service which is commonly carried on as a business.

– Open area(s) directly associated with and controlled by an individual dwelling unit, enhancing livability while providing outdoor space for the unit’s occupants. Private open space may include, but is not limited to, patios, porches, balconies, and rooftop decks with a single unit. [Ord. 868 § 3, 2025]

– A list prepared by King County containing plants and trees listed as ‘Class A noxious weeds’, ‘Class B noxious weeds’, ‘Class C noxious weeds’, ‘Non-regulated noxious weeds’ and ‘Weeds of concern’. Though not regulated by the state and county, these plant and tree species listed by King County as ‘non-regulated’ and ‘weeds of concern’ impact and degrade native plant and animal habitat in open spaces and parks. [Ord. 780 § 5, 2022; Ord. 648 § 1, 2017]

– Those lines enclosing a lot and those lines defining a recorded vehicular access easement or tract. The following are categories of property lines:

1. Front property line: Any property line that is adjacent to a street. A property line abutting SR 518 freeway and/or the SR 509 freeway shall not be considered front property lines.

2. Interior property line: Any property line other than a front property line, and any property line that is adjacent to a vehicular access easement or tract.

– An establishment for training state and local law enforcement, fire safety, national guard or transit personnel and accessory facilities including but not limited to:

1. Dining and overnight accommodations;

2. Classrooms;

3. Indoor shooting ranges;

4. Auto test tracks; and

5. Fire suppression simulations.

– A natural or landscaped area, buildings or structures, provided by a unit of government, to meet the active or passive recreational needs of people.

– Any agency, political subdivision or unit of local government of this state, or private utility regulated by the Washington Utilities and Transportation Commission, including, but not limited to, municipal corporations, special purpose districts and local service districts, private regulated utilities, any agency of the state of Washington, the United States or any state thereof or any Indian tribe recognized as such by the federal government.

– A facility for the distribution or transmission of services to an area; requiring location in the area to be served; including, but not limited to:

1. Telephone exchanges;

2. Water pumping or treatment stations;

3. Electrical switching substations;

4. Water storage reservoirs or tanks;

5. Groundwater well-fields;

6. Regional storm water management facilities;

7. Storm drainage control facilities

8. Natural gas gate stations and limiting stations;

9. Propane, compressed natural gas and liquefied natural gas storage tanks serving multiple lots or uses from which fuel is distributed directly to individual users; and

10. Sewer lift stations.

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

1. A qualified professional for watercourses, wetlands, and wildlife habitat conservation areas must have a degree in biology or a related field. For wetlands the qualified professional must have at least two (2) years of full-time work experience as a wetland professional, including delineating wetlands using the state or federal manuals; preparing wetland reports; conducting function assessments; and developing and implementing mitigation plans. For Fish and Wildlife Habitat Conservations Area, the qualified professional must have professional experience related to the subject species.

2. A qualified professional for preparing geotechnical reports and geotechnical design recommendations for erosion hazard areas must be a civil engineer with geotechnical certification licensed by the state of Washington.

3. A qualified professional for preparing geotechnical reports and geotechnical design recommendations for landslide hazard areas must be both a geotechnical engineer with a professional civil engineering license and a licensed geologist, licensed by the state of Washington, or geotechnical reports and geotechnical design recommendations must be prepared jointly by a licensed geotechnical engineer with a professional civil engineering license and a licensed geologist, licensed by the state of Washington;

4. A qualified professional for preparing critical aquifer recharge reports must be a professional hydrogeologist, engineer, or geologist licensed in the state of Washington. [Ord. 878 § 2, 2025]

– Public transit stops that satisfy any of the following:

1. Meets the “major transit stop” definition under Chapter 81.104 RCW.

2. Stops served by a transit route that runs at least two times an hour for 12 or more hours each weekday or more. [Ord. 868 § 3, 2025]

– A qualified tree professional is: An individual with relevant education and training in arboriculture or urban forestry, having the International Society of Arboriculture (ISA) Tree Risk Assessment Qualification and one of the following credentials:

1. ISA certified arborist;

2. ISA certified arborist municipal specialist;

3. ISA board certified master arborist;

4. American Society of Consulting Arborists (ASCA) registered consulting arborist (RCA);

5. Society of American Foresters (SAF) certified forester for forest management plans.

A qualified arborist must also be able to prescribe appropriate measures for the preservation of trees during land development. Any provision in this title referring to using an arborist or qualified arborist or tree professional or qualified professional shall be interpreted to require using a qualified tree professional. [Ord. 780 § 6, 2022]

– A report prepared by a qualified tree professional that considers crown size, health, structure, disease, past maintenance practice, potential damage to existing targets, risk mitigation options and, when development is proposed, the likelihood of survival after construction. To undertake tree risk assessment as part of a development application, a qualified tree professional shall have a minimum of three (3) years’ experience directly with the protection of trees during construction. [Ord. 780 § 7, 2022]

R

– A legal concept articulated by federal and state courts in regulatory taking cases. Within the context of these cases and for the purposes of this title, reasonable use shall mean any use allowed by Chapter 19.15 BMC and shall not mean the subdivision of property.

– A place designed and equipped for the conduct of sports, leisure time activities and other customary and usual recreational activities. Includes, but is not limited to: health club, sports instruction, and bowling alley.

– A nontoxic, recoverable substance that can be re-processed for the manufacture of new products. [Ord. 545 § 1, 2010, Ord. 28 § 1(40), 1993]

– An establishment for the processing (separation and/or recovery) or collection of recyclable materials from solid wastes. Recycling of oil or other liquids may also occur.

– A right-of-way tract or easement which contains transmission lines or pipelines for utility companies, excluding distribution lines contained within striate rights-of-way or lines serving individual lot or developments. [Ord. 428 § 3, 2005]

– A facility or activity that lies or occurs within the boundaries of a critical aquifer recharge area, and in which quantities of hazardous materials or substances in excess of twenty (20) gallons or two hundred (200) pounds are or will be present on the premises at any one time, unless otherwise exempted under this ordinance. [Ord. 394 § 1, 2003]

– An establishment, the principal purpose of which is religious worship, and for which the principal building or other structure contains the sanctuary or principal place of worship, and which includes related accessory uses.

– Any R or RS zone. [Ord. 868 § 3, 2025; Ord. 849 § 16, 2024]

– Returning a critical area and/or its buffer to a state in which its stability and functions approach its unaltered state as closely as possible.

– [Repealed, Ord. 849 § 17, 2024]

– A location licensed by the State Liquor Control Board for the retail sale of usable marijuana and marijuana-infused products. [Ord. 599 § 1, 2014]

– Land dedicated primarily to the movement of vehicles and providing for primary access to adjacent lots. The land may also provide space for pedestrian movement, utility lines and appurtenances and other publicly owned devices.

– Areas adjacent to aquatic systems with flowing water that contain elements of both aquatic and terrestrial ecosystems that mutually influence each other. The width of these areas extends to that portion of the terrestrial landscape that directly influences the aquatic ecosystem by providing shade, fine or large woody material, nutrients, organic and inorganic debris, terrestrial insects, or habitat for riparian-associated wildlife. Widths shall be measured from the ordinary high water mark or from the top of bank if the ordinary high water mark cannot be identified. It includes the entire extent of the floodplain and the extent of vegetation adapted to wet conditions as well as adjacent upland plant communities that directly influence the stream system. Riparian habitat areas include those riparian areas severely altered or damaged due to human development activities. [Ord. 394 § 1, 2003]

S

– A member of the fish family salmonidae, including:

1. Chinook, coho, chum, sockeye and pink salmon;

2. Rainbow, steelhead and cutthroat salmon;

3. Brown trout;

4. Brook and dolly varden char;

5. Kokanee; and

6. Whitefish. [Ord. 394 § 1, 2003]

– Means the perceived relative height and bulk of a building relative to that of neighboring buildings. A building’s apparent height and bulk may be reduced by modulating facades. [Ord. 441 § 12, 2005]

– An institution of learning, public or private, offering instruction in the several branches of learning and study required by the Education Code of the state of Washington, such as preschools, elementary, middle/junior high, and secondary or high schools; also including schools of higher education such as colleges, vocational, and technical schools. [Ord. 560 § 1 (Exh. A), 2012]

– The treatment created with landscaping and/or a decorative two-dimensional structure to visually conceal an area or on-site utilitarian use that is considered unattractive. [Ord. 273 § 1, 1999]

– A residential facility for persons civilly committed and conditionally released to a less restrictive alternative under RCW 71.09. 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 RCW 71.09 and operated by or under contract with the Washington State Dept. of Social and Health Services. [Ord. 363 § 1, 2002]

– Lands subject to severe risk of earthquake damage as a result of seismically induced ground shaking, slope failure, settlement, tsunamis, or soil liquefaction. These conditions occur in areas underlain by soft or loose soils. [Ord. 878 § 2, 2025]

– A building containing two or more dwelling units restricted to occupancy by senior residents, and including, but not limited to, the following support services, as deemed necessary:

1. Food preparation and dining areas;

2. Group activity areas;

3. Medical supervision; and

4. Similar activities. [Ord. 868 § 3, 2025]

– The area on a lot that is required to remain free of structures.

1. Front setback: That portion of a lot adjacent to and parallel with any front property lines and at a distance therefrom equal to the required minimum front setback depth.

2. Interior setback: That portion of a lot adjacent to and parallel with any interior property lines and at a distance therefrom equal to the required minimum interior setback depth.

– An establishment containing separate storage spaces that are leased or rented as individual units.

– Schools, day cares, hospitals, nursing homes, and senior assisted living dwelling units within the air and noise overlay. [Ord. 849 § 18, 2024]

– A kitchen that is used, intended, or designed to be used by residents of multiple dwelling units or sleeping units for preparing food simultaneously. [Ord. 881 § 1, 2025]

– The total of all “shorelines” as defined in RCW 90.58.030(2)(d), and “shorelines of statewide significance” within the state, as defined in RCW 90.58.030(2)c. [Ord. 394 § 1, 2003]

– Repealed by Ord. 780. [Ord. 648 § 1, 2017; Ord. 293 § 1, 2000]

– The entire lot or series of adjoining lots on which a use is or will locate and that is otherwise subject to the provision of this Code.

– Improvements on a site that are required so that the use on the site complies with the provisions of this Code. Site improvements include, but are not limited to landscaping, parking, signs, design features, impervious surface coverage, multi-family recreation space and other open spaces on the site.

– A single unit that provides rooms or spaces for one or more persons, including permanent provisions for sleeping and can include provisions for living, and may include sanitation and a kitchenette. A sleeping unit does not include a kitchen. Such rooms and spaces that are also part of a dwelling unit are not sleeping units. [Ord. 881 § 1, 2025]

– An inclined ground surface, the inclination of which is expressed as a ratio or percentage of vertical distance to horizontal distance by the following formula:

[Ord. 523 § 1, 2009]

– “Small wireless facility” is as defined in 47 CFR § 1.6002 (as proposed). [Ord. 700 § 1, 2018]

– A collection of interrelated small wireless facilities designed to deliver personal wireless services. [Ord. 700 § 1, 2018]

– A card game governed pursuant to the provisions of RCW 9.46, 1973 Gaming Act and licensing by the Washington State Gambling Commission, whose purpose is to serve as a commercial stimulant to a use where food and beverages are served on the premises. Social card games may include house-banked or player-funded card games.

– Any group of animals or vegetation classified as a species or subspecies as commonly accepted by the scientific community.

1. Endangered – Any fish or wildlife species that is threatened with extinction throughout all or a significant portion of its range and is listed by the state or federal government as an endangered species.

2. Sensitive – Any fish or wildlife species that is vulnerable or declining and could become endangered or threatened in the state without active management or removal of threats.

3. Threatened – Any fish or wildlife species that is likely to become an endangered species within the foreseeable future throughout a significant portion of its range without cooperative management or removal of threats, and is listed by the state or federal government as a threatened species. [Ord. 394 § 1, 2003]

1. Less than completely and/or opaquely covered human genitals, pubic region, buttock, or female breast below a point immediately above the top of the areola.

2. Human male genitals in a discernibly turgid state even if completely or opaquely covered. [Ord. 291 § 6, 2000]

– Human genitalia in a state of sexual stimulation or arousal; acts of human masturbation, sexual intercourse or sodomy; or erotic fondling, touching or display of human genitalia, pubic region, buttock, or female breast. [Ord. 291 § 7, 2000]

– A residential building of no more than three stories on a residential zoned lot in which each floor is separately rented or owned. [Ord. 868 § 3, 2025]

– Slopes 40 percent or steeper within a vertical elevation change of at least 10 feet. A steep slope is delineated by establishing its toe and top and is measured by averaging the inclination over at least 10 feet of vertical relief. For the purpose of this definition:

1. The toe of a slope is a distinct topographic break in slope which separates slopes inclined at less than 40 percent from slopes 40 percent or steeper. Where no distinct break exists, the toe of a steep slope is the lowermost limit of the area where the ground surface drops 10 feet or more vertically within a horizontal distance of 25 feet; and

2. The top of a slope is a distinct, topographic break in slope which separates slopes inclined at less than 40 percent from slopes 40 percent or steeper. Where no distinct break exists, the top of a steep slope is the uppermost limit of the area where the ground surface drops 10 feet or more vertically within a horizontal distance of 25 feet.

– STEP Housing is “emergency housing,” “emergency shelter,” “permanent supportive housing,” and “transitional housing,” as defined in this chapter. [Ord. 850 § 5, 2024]

– Means the front side of a store facing the street and including windows. When used in Chapter 19.47 BMC, it is the ground-level building facade complying with Class A or Class B pedestrian-oriented street block frontage provisions of BMC 19.47.240. [Ord. 849 § 19, 2024; Ord. 441 § 12, 2005]

– Water contained within a channel, either perennial or intermittent, and classified according to WAC 222-16-030 or WAC 222-16-031 and as listed under “water typing system.” Streams also include natural watercourses modified by man. Streams do not include irrigation ditches, waste ways, drains, outfalls, operational spillways, channels, storm water runoff facilities or other wholly artificial watercourses, except those that directly result from the modification to a natural watercourse. [Ord. 394 § 1, 2003]

– Any non-permanent flowing drainage feature having a definable channel and evidence of scour or deposition. [Ord. 394 § 1, 2003]

– A stream that carries flowing water continuously throughout the year regardless of weather conditions. [Ord. 394 § 1, 2003]

– A public right-of-way.

– Anything permanently constructed in or on the ground, or over the water; excluding fences less than six feet in height, decks less than 18 inches above grade, bioretention facilities with wall height less than four feet from the top of footing to the top of the wall, and paved areas. “Structure” as used in Chapter 19.50 BMC shall mean a pole, tower, base station, or other building, whether or not it has an existing antenna facility, that is used or to be used for the provision of personal wireless service (whether on its own or commingled with other types of services). [Ord. 700 § 1, 2018; Ord. 659 § 6, 2016]

– The drainage area of the highest order stream containing the subject property impact area. Stream order is the term used to define the position of a stream in the hierarchy of tributaries in the watershed. The smallest streams are the highest order (first order) tributaries. These are the upper watershed streams and have no tributaries of their own. When two first order streams meet, they form a second order stream, and when two second order streams meet they become a third order stream, and so on. [Ord. 394 § 1, 2003]

– Any land at or below the ordinary high water mark.

– Any maintenance, repair, structural modification, addition or other improvement of a site, the cost of which within any 60 month period, equals or exceeds 50 percent of the assessed value of the buildings on the site, either before the maintenance, repair, modification or addition is started or before the damage occurred, if the building has been damaged and is being restored.

– Any structure that is designed and constructed primarily for the purpose of supporting one or more antennas. [Ord. 265 § 25, 1999]

T

– A single dwelling unit that is 400 square feet or less, and incorporates a kitchen and bathroom uses within the structure, and as defined in the 2018 International Residential Code or its successor. [Ord. 718 § 1, 2019]

– A building or portion of a building designed and/or used for showing motion pictures, video presentations, or for dramatic, dance, musical or other live performances.

– A survey of elevations, prepared with minimum five-foot contours. All planned grading shall be indicated with dashed contour lines for existing or natural grades and by solid contour lines for finished grades. The entire area to be cut and/or filled shall be indicated and temporary storage of any excavated or fill material shall also be indicated. All survey information shall be furnished, at the property owner or applicant’s expense, by a professional land surveyor licensed in the state of Washington. In cases where, at a required point of measurement, the topography lines and building footprint do not intersect, spot elevations for the natural grade shall be indicated on the topography map. A bench mark shall be noted on all information supplied for the purpose of establishing a field reference. The bench mark shall, where practical, be located on city property. The bench mark shall be maintained at all times before and during construction. The presence of this bench mark shall be confirmed by the building official, or his/her designee before the natural topography is disturbed. Removal or disruption of the bench mark shall be grounds for a stop work order until the bench mark is properly reestablished. [Ord. 428 § 3, 2005]

– A building on a separate lot containing one dwelling unit that occupies space from the ground to the roof, is attached to one or more other townhouse dwelling units by at least one common wall, and has a yard or public way on not less than two sides. [Ord. 868 § 3, 2025]

– All public property designated as a trail including: the Indian Trail located in the Plats of Secoma Beach Subdivision Nos. 1, 2 and 3, as recorded in Volume 15, pages 70 and 94, and Volume 16, page 25, book of plats; all public accesses to, from and across the Indian Trail shall be considered as part of the Indian Trail System, including public rights-of-way from existing or future roadway to the Trail and public rights-of-way from the Trail to the waterfront, which are not designated as street; and any future identified or developed trail included in the Comprehensive Parks Plan for the City of Burien. [Ord. 868 § 3, 2025. Formerly 19.10.545]

– A project that provides housing and supportive services to homeless persons or families to facilitate the movement of homeless persons and families into independent living, generally in less than two years. [Ord. 868 § 3, 2025; Ord. 850 § 6, 2024. Formerly 19.10.515.6]

– A woody plant, that has one or several dominant trunks, each with a diameter at standard height of three (3) inches or greater, that reaches a mature height greater than fifteen (15) feet.

1. Tree, Exceptional: Any tree thirty (30) inches diameter at standard height or greater, any tree identified in Table 19.26.040-1, or a tree designated as a Heritage Tree.

2. Tree, Hazard: A hazard tree is a tree that meets all the following criteria:

A. A tree with a combination of structural defects and/or disease which makes it subject to a high probability of failure;

B. Is in proximity to moderate to high frequency targets (persons or property that can be damaged by tree failure);

C. The assessed tree has a high to extreme risk rating using the International Society of Arborists Tree Risk Assessment Qualification (TRAQ) method in its most current form; and

D. The hazard condition of the tree cannot be lessened with reasonable and proper arboricultural practices, nor can the target be removed or restricted.

3. Tree, Healthy: A tree with less than twenty five percent (25%) crown decline and dieback of the canopy, with normal leaf development, although minor deficiencies might be present. Minor pest problems might be present, but controllable. Minor trunk or branch defects might be present, but with good response wood or wound closure.

4. Tree, Unhealthy: A tree with greater than fifty (50) percent dieback, that is affecting larger branches. Stunting is obvious with little indication of new growth or recovery on smaller branches. Leaf size and color indicate increased stress in the plant. A short life expectancy based on a combination of decay, hollow, pests, or pathogens.

5. Tree, Significant: An existing tree which is six (6) inches diameter at standard height or greater and is not an exceptional tree. Hedges made of Leyland cypress (Cuprocyparis leylandii), arborvitae (Thuja occidentalis), laurel (Prunus lusitanica and Prunus laurocerasus), or holly (Ilex aquifolium) are not considered to be significant trees and may be trimmed or removed. Any tree on the prohibited plants and trees list (BMC 19.10.408) is not considered a significant tree. [Ord. 780 § 9, 2022]

– The Tree Protection Zone (TPZ) is equal to the critical root zone or an area sufficient to protect the tree during and after development as recommended by a licensed and qualified tree professional. [Ord. 780 § 10, 2022]

– The intentional removal of a tree’s branches to reduce the live canopy of the tree by no more than twenty five percent (25%) during any consecutive twelve (12) months, in accordance with the current version of ANSI A300 Part 1, Pruning Specifications. Trimming more than twenty five percent (25%) of a tree’s canopy during any consecutive twelve (12) months is a tree removal. [Ord. 780 § 11, 2022]

– The act of removing whole tops of trees, or indiscriminate removal of large branches and/or trunks from the tops of trees and leaving stubs or lateral branches that result in the disfigurement of the canopy and compromises the health and structure of the tree. Tree topping is a tree removal. [Ord. 780 § 12, 2022]

– A residential building with three attached dwelling units. [Ord. 868 § 3, 2025]

– Segments of natural waters other than Type S waters, which are within the bankfull widths of defined channels and periodically inundated areas of their associated wetlands, or within lakes, ponds, or impoundments having a surface area of one-half acre or greater at seasonal low water and which in any case contain fish habitat or are described by one of the following four categories:

1. Waters which are diverted for domestic use by more than 10 residential or camping units or by a public accommodation facility licensed to serve more than 10 persons, where the department determines such diversion is a valid appropriation of water and the only practical water source for such users. Such waters shall be considered Type F water upstream from the point of such diversion for 1,500 feet or until the drainage area is reduced by 50 percent, whichever is less;

2. Waters which are diverted for use by federal, state, tribal, or private fish hatcheries. Such waters shall be considered Type F water upstream from the point of diversion for 1,500 feet, including tributaries if highly significant for protecting downstream water quality. The department may allow additional harvest beyond the requirements of Type F water designation, provided the department determines, after a landowner-requested on-site assessment by the Department of Fish and Wildlife, Department of Ecology, the affected tribes, and interested parties, that:

a. The management practices proposed by the landowner will adequately protect water quality for the fish hatchery; and

b. Such additional harvest meets the requirements of the water type designation that would apply in the absence of the hatchery;

3. Waters which are within a federal, state, local, or private campground having more than 10 camping units; provided, that the water shall not be considered to enter a campground until it reaches the boundary of the park lands available for public use and comes within 100 feet of a camping unit, trail or other park improvement;

4. Riverine ponds, wall-based channels, and other channel features that fish use for off-channel habitat. These areas are crucial to the survival of fish. This habitat shall be identified based on the following criteria:

a. The site must be connected to a fish habitat stream and accessible during some period of the year; and

b. The off-channel water must be accessible to fish. [Ord. 868 § 3, 2025; Ord. 623 § 1, 2015. Formerly 19.10.545.5]

– Type Np Water means all segments of natural waters within the bankfull width of defined channels that are perennial nonfish habitat streams. Perennial streams are flowing waters that do not go dry at any time of a year of normal rainfall and include the intermittent dry portions of the perennial channel below the uppermost point of perennial flow. [Ord. 868 § 3, 2025; Ord. 623 § 1, 2015. Formerly 19.10.546]

– Type Ns Water means all segments of natural waters within the bankfull width of the defined channels that are not Type S, F, or Np Waters. These are seasonal, nonfish habitat streams in which surface flow is not present for at least some portion of a year of normal rainfall and are not located downstream from any stream reach that is a Type Np Water. Ns Waters must be physically connected by an above-ground channel system to Type S, F, or Np Waters. [Ord. 623 § 1, 2015]

– Type S Water means all waters, within their bankfull width, as inventoried as “shorelines of the state” under Chapter 90.58 RCW and the rules promulgated pursuant to Chapter 90.58 RCW including periodically inundated areas of their associated wetlands. [Ord. 623 § 1, 2015]

U

– A designation by the city of Burien that the maximum roadway or intersection capacity has been reached and further right-of-way acquisition and/or improvements are not feasible to increase peak hour vehicle capacity. [Ord. 545 § 1, 2010, Ord. 28 § 1(40), 1993]

– A lot on which no improvements, no infrastructure, no facilities, no legally established land use, and no grading or site development exist. [Ord. 780 § 13, 2022]

– A small wireless facility providing concealment of antennas and equipment within a single enclosure. [Ord. 700 § 1, 2018]

– Dried marijuana flowers. The term “usable marijuana” does not include marijuana-infused products. [Ord. 599 § 1, 2014]

– The nature of the activities taking place on public or private property. Each separate listing under the “Use” column in Chapter 19.15 BMC is a separate use. [Ord. 523 § 1, 2009]

V

– A privately owned right-of-way.

– Any and all plant life growing at, below or above the soil surface. [Ord. 545 § 1, 2010, Ord. 28 § 1(40), 1993]

– An accessory use consisting of a portable stand and any related accessory appurtenances such as an awning, canopy or seating, used for the retail sales of goods including but not limited to beverages, food and flowers.

– A building or complex of buildings that relate to, or are characteristic of a period, place or group; especially relating to or being the common building style of a period or place. [Ord. 273 § 1, 1999]

W

– Establishments involved in the storage and/or sale of bulk goods for resale or assembly, excluding establishments offering the sale of bulk goods to the general public which is classified as a retail use. [Ord. 878 § 2, 2025]

– The upper limit of the groundwater body marking the boundary between the saturated zone, where soil and rock is completely saturated with water, and the unsaturated zone. It is defined by the levels at which water stands in wells that penetrate the aquifer just far enough to hold standing water. [Ord. 394 § 1, 2003]

– Wellhead protection areas may be defined by the boundaries of the ten (10) year time of groundwater travel, or boundaries established using alternate criteria approved by the Department of Health in those settings where groundwater time of travel is not a reasonable delineation criterion, in accordance with WAC 246-290-135. [Ord. 394 § 1, 2003]

– Wetlands are defined as those areas that are inundated or saturated, by ground or surface water at a frequency and duration sufficient to support, and under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs and similar areas. Wetlands do not include those artificial wetlands intentionally created from non-wetland sites, including, but not limited to, irrigation and drainage ditches, grass-lined swales, canals, detention facilities, wastewater treatment facilities, farm ponds, and landscape amenities, or those wetlands created after July 1, 1990, that were unintentionally created as a result of the construction of a road, street, or highway. Wetlands may include those artificial wetlands intentionally created from non-wetland areas to mitigate the conversion of wetlands. For identifying and delineating a wetland, local government shall use the approved federal wetland delineation manual and applicable regional supplements. [Ord. 878 § 2, 2025; Ord. 623 § 1, 2015; Ord. 394 § 1, 2003]

– Wetlands that are in proximity to and either influence or are influenced by tidal waters or a lake or stream subject to the Shoreline Management Act (WAC 173-22-030). [Ord. 394 § 1, 2003]

– The descriptive classes of wetland habitat types outlined in the classification system of the U.S. Fish and Wildlife Service (Cowardin et al. 1979). These include, among others, the following: palustrine forested, palustrine scrub-shrub, and palustrine emergent, and open water. [Ord. 394 § 1, 2003]

– The boundary of a wetland as delineated based on the methods outlined in Washington State Wetland Identification and Delineation Manual. [Ord. 394 § 1, 2003]

– An area with a concentration of multiple (three or more) small wetlands, in which each patch of wetland is less than one acre; patches are less than 100 feet from each other; and areas delineated as wetland are more than 50 percent of the total area of the entire mosaic, including uplands and open water. [Ord. 878 § 2, 2025]

– The place, including physical and biological conditions, where an animal usually occurs. This includes areas for breeding, foraging, resting, and cover. [Ord. 394 § 1, 2003]