Unless otherwise specifically provided, or unless clearly required by the context, the words and phrases defined in this section shall have the meaning indicated when used in this title.

-A-

"Access easement" means an easement dedicated primarily for ingress/egress to one or more lots, although utility lines may also be placed within the easement, and within which the parking of vehicles is prohibited.

"Access tract" means a privately owned tract of land over which an access easement has been dedicated.

"Accessory dwelling unit" (ADU) means a dwelling unit located on the same lot as a single-family housing unit, duplex, triplex, townhome, or other housing unit, as applicable. There are two types of ADUs:

1.

Attached accessory dwelling units located within or attached to a single-family housing unit, duplex, triplex, townhome, or other housing unit, as applicable.

2.

Detached accessory dwelling units that consist partly or entirely of a building that is separate and detached from a single-family housing unit, duplex, triplex, townhome, or other housing unit, as applicable, and is on the same property.

"Accessory use." See Section 15.40.050. "Administrator." See Section 15.12.100.

"Adult entertainment." Defined by CMC 5.52.030.

"Adult family home" means a regular family abode of a person or persons who are providing personal care, room and board to more than one but not more than four adults who are not related by blood or marriage to the person or persons providing the services; except that a maximum of six adults may be permitted if the Washington State Department of Social and Health Services determines that the home and the provider are capable of meeting standards and qualifications provided for by RCW 70.128.010.

"Advertising copy" means any letters, figures, symbols, logos, or trademarks which identify or promote the sign user or any product or service; or which provide information about the sign user, the building, or the products or services available.

"Affordable housing" means housing used as the primary residence of an affordable housing qualified household. The price of affordable units is based on that amount a household can afford to pay for housing, when household income is less than eighty percent of the median annual income, adjusted for household size, as determined by the United States Department of Housing and Urban Development for the Seattle Metropolitan Statistical Area, and when the household pays no more than thirty percent of household income for housing expenses. Households with income less than eighty percent of the median annual income, adjusted for household size, may purchase or rent these affordable units.

"Affordable housing, low income" means housing units used as the primary residence of an affordable housing-qualified household. The price of affordable units is based on that amount a household can afford to pay for housing, when household income is less than fifty percent of the median annual income, adjusted for household size, as determined by the United States Department of Housing and Urban Development for the Seattle Metropolitan Statistical Area, and when the household pays no more than thirty percent of household income for housing expenses.

"Affordable housing, moderate income" means housing units reserved for use as the primary residence of an affordable housing-qualified household. The price of affordable housing units is based on that amount a household can afford to pay for housing, when household income is less than eighty percent of the median annual income, adjusted for household size, as determined by the United States Department of Housing and Urban Development for the Seattle Metropolitan Statistical Area, and when the household pays no more than thirty percent of household income for housing expenses.

"Affordable senior housing" means housing units affordable to and reserved for rental occupancy as a primary residence by low-income senior (i.e., households at least one member of which is fifty-five years of age or older, with a combined income no greater than fifty percent of the median King County family income, adjusted for household size).

"Alley" means a public highway not designed for general travel and used primarily as a means of access to the rear of residences and business establishments.

"Alteration of watercourse" means any action that will change the location of the channel occupied by water within the banks of any portion of a riverine waterbody.

"American Public Works Association" or "APWA" means the adopted edition of the Washington State Chapter of the American Public Works Association.

"Animal care" means any indoor commercial facility where pet animals are groomed or trained. The facility may include associated ancillary outdoor space. The facility may be incidental to a veterinary clinic or retail use. See separate definition for pet day care.

"Animal production" means the raising of animals for commercial food production in an agricultural setting. "Antenna" means equipment designed to transmit or receive electronic signals.

"Applicant" means a person, partnership, corporation, or other legal entity who applies for any approval under this title and who is an owner of the subject property or the authorized agent of the owner.

"Approval" means the proposed work or completed work conforms to this title in the opinion of the administrator.

"Area of shallow flooding" means a designated zone AO, AH, AR/AO or AR/AH (or VO) on a community's Flood Insurance Rate Map (FIRM) with a one percent or greater annual chance of flooding to an average depth of one to three feet where a clearly defined channel does not exist, where the path of flooding is unpredictable, and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow. Also referred to as the sheet flow area.

"Area of special flood hazard" means the land in the floodplain within a community subject to a one percent or greater chance of flooding in any given year. Designation on maps always includes the letter A or V.

"As-graded" means the extent of surface conditions on completion of grading.

"Assisted living" means an establishment which provides living quarters and a variety of limited personal care and supportive health care to individuals who are unable to live independently due to infirmity of age, physical or mental handicap, but who do not need the skilled nursing care of a nursing home. Such a facility includes individual dwelling units with private bathroom facilities. Such a facility must be licensed by the state of Washington. (Note: Definition from residential design guidelines.)

"Attached garage" means a garage located within or attached to a single-family residence. To be considered attached, the roof and wall of the garage must be an extension of the roof and wall of the existing single-family residence. In no case shall the attachment be made through an unenclosed structure.

"Automotive service and repair" means any land or facility used for the repair and maintenance of automobiles, motorcycles, trucks, trailers, or similar vehicles including but not limited to fender, muffler, or upholstery work, oil change and lubrication, tire service and sales. The term excludes dismantling or salvage, body work, and painting.

-B-

"Bar" means an establishment which sells and serves intoxicating beverages for consumption on the premises. The term includes taverns, pubs, and night clubs.

"Bed and breakfast inn" means a short-term rental with a central kitchen which provides the primary residence for the owner or operator, and which offers guest rooms as transient lodging (fewer than 30 consecutive days) for compensation. Food service may be offered exclusively to people registered to use the inn for lodging or special events.

"Base flood" means the flood having a one percent chance of being equaled or exceeded in any given year. Also referred to as the one hundred-year flood. Designation on maps always includes the letters A or V.

"Base flood elevation (BFE)" means the elevation to which floodwater is anticipated to rise during the base flood.

"Basement, for floodplain management purposes," means any area of the building having its floor subgrade (below ground level) on all sides.

"Basin plan" means a plan and all implementing regulations and procedures including but not limited to land use management adopted by ordinance for managing surface and stormwater management facilities and features within individual subbasins.

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

"Bay window" means a window space elevated from the floor, projecting outward from the main walls of a building, and forming an elevated bay in a room.

"Bedrock" means the more or less solid rock in place either on or beneath the surface of the earth. It may be soft, medium, or hard and have a smooth or irregular surface.

"Bench" means a relatively leveled step excavated into earth material on which fill is to be placed. "Best available science" means current scientific information derived from a valid scientific process as defined by WAC 365-195-900 through WAC 265-195-925 and applied to the process for designating, protecting, or restoring critical areas.

"Best management practice" or "BMP" means a physical, structural, and/or managerial practice that, when used singly or in combination, prevents or reduces pollution.

"Beverage stand" means a small establishment serving coffee, espresso, tea, smoothies, other non- alcoholic drinks, and a limited food menu to drive-through or walk-up customers. The term does not include uses with customer seating (see restaurants and cafés).

"Billboard" means an advertising copy sign that directs attention to businesses, commodities, services, or facilities that are not primarily sold, manufactured, or distributed from the property on which the sign is located. The term billboard includes both the structural framework that supports a billboard and any billboard faces attached to the framework.

"Binding site plan" means a drawing to a scale specified in this title which: (1) identifies and shows the areas and locations of all streets, roads, improvements, utilities, open spaces, and any other matters specified herein; (2) contains inscriptions or attachments setting forth such appropriate limitations and conditions for the use of the land as are established in this title; and (3) contains provisions making any development be in conformity with the site plan.

"Block" means a group of lots, tracts, or parcels within well defined and fixed boundaries.

"Boarding house" means a residential house consisting of at least one dwelling unit together with more than two rooms that are rented or are designed or intended to be rented but which rooms, individually or collectively, do not constitute separate dwelling units. A rooming house or boarding house is distinguished from a tourist home in that the former is designed to be occupied by longer term residents (at least month- to-month tenants) as opposed to overnight or weekly guests.

"Bond" means a written certificate guaranteeing to pay up to a specified amount of money if specified work is not performed; or any similar mechanism whereby the city has recourse to an identified fund from which to secure performance of specified work.

"Boundary line adjustment" means a division made for the purpose of alteration by adjusting boundary lines between platted or unplatted lots or both, which does not create any additional lot, tract, parcel, site, or division.

"Breakaway wall, for floodplain management purposes," means a wall that is not part of the structural support of the building and is intended through its design and construction to collapse under specific lateral loading forces, without causing damage to the elevated portion of the building or supporting foundation system.

"Building" means a structure designed to be used as a place of occupancy, storage or shelter. "Building, Accessory. Accessory building" means a minor building that is located on the same lot as a principal building and that is used incidentally to a principal building or that houses an accessory use.

"Building height" except as otherwise defined in CMC 15.48.060.A.1., means the vertical distance measured from the mean elevation of the finished grade at the front of the building to the highest point of the building.

"Building official" means that person or firm appointed by the city manager to administer the Uniform Building Codes of the city, and to otherwise perform the duties of building official.

"Building, Principal. Principal building" means the primary building on a lot or a building that houses a principal use.

-C-

"Caretaker residence" means a dwelling unit accessory to a non-residential principal use, occupied by a person who provides security and/or oversees the non-residential operations.

"Cemetery" means land used for the burial of the dead and dedicated for cemetery purposes, excluding crematories and mortuaries.

"Certify." Whenever this title requires that some agency certify the existence of some fact or circumstance to the city, the city may require that such certification be made in any manner that provides reasonable assurance of the accuracy of the certification. By way of illustration, and without limiting the foregoing, the city may accept certification by telephone from some agency when the circumstances warrant it, or the city may require that the certification be in the form of a letter or other document.

"Changing message center" means an electronically controlled public service time and temperature sign, message center, or reader board where different copy changes of a public service or commercial nature are shown on the same lampbank.

"Circulation area" means that portion of the vehicle accommodation area used for access to parking or loading areas or other facilities on the lot. Essentially, driveways and other maneuvering areas (other than parking aisles) comprise the circulation area.

"City" means the city of Carnation.

"City engineer" means the person or firm appointed by the city manager to serve as the city engineer.

"City planner" means the person or firm appointed by the manager to serve as the city planner.

"Civil engineer" means a professional engineer licensed in the state of Washington in civil engineering.

"Civil engineering" means the application of the knowledge of the forces of nature, principles of mechanics and the properties of materials to the evaluation, design and construction of civil works for the beneficial uses of mankind.

"Classic" means an object of recognized value, serving as a standard of excellence.

"Clearing" means the destruction and removal of vegetation by manual, mechanical, or chemical methods.

"Cluster subdivisions" means single-family residential development in which the developer may create lots that are smaller than those that would otherwise be required if the developer complies with certain regulations set forth in this title.

"Combination use" means a use consisting of a combination on one lot of two or more principal uses separately listed in the table of permissible uses, Section 15.40.010. (Under some circumstances, a second principal use may be regarded as accessory to the first, and thus a combination use is not established. See Section 15.40.050 (Accessory uses). In addition, when two or more separately owned or separately operated enterprises occupy the same lot, and all such enterprises fall within the same principal use classification, this shall not constitute a combination use.)

"Commercial agriculture" means those activities conducted on lands defined in RCW 84.34.020(2), and activities involved in the production of crops or livestock for wholesale trade. An activity ceases to be considered commercial agriculture when the area on which it is conducted is proposed for conversion to a nonagricultural use or has lain idle for more than five years, unless the idle land is registered in a federal or state soils conservation program, or unless the activity is maintenance of irrigation ditches, laterals, canals, or drainage ditches related to an existing and ongoing agricultural activity.

"Compaction" means densification of a fill by mechanical means.

"Comprehensive plan" means the city's adopted comprehensive plan conforming to the Washington Growth Management Act (GMA).

"Conditional use permit" means a permit that authorizes the recipient to make use of property in accordance with the requirements of this title as well as any additional requirements imposed by the officer or body approving the permit.

"Consumer goods service" means the maintenance, repair, cleaning, or rental of consumer and household goods. Examples include but are not limited to laundromats, dry cleaning, shoe repair, clothing rental, appliance and electronics repair, musical instrument repair, jewelry and watch repair, and tool and equipment rental. These uses may include accessory retail sales.

"Covered entry feature" means a distinct entry feature such as a porch or weather covered entry way with at least thirty-six square feet of weather cover, and a minimum depth of four

"Crop production" means the raising and harvesting of trees, vines, seeds, plants and crops. The term includes related activities such as horticulture and supporting services such as plant nurseries, greenhouses, research farms, storage, and the sale of agricultural products.

"Cottage housing" means small single-family detached dwelling units arranged around a common open space. (Note: Definition from residential design guidelines.)

"Council" means the city council of the city of Carnation.

"County assessor" means as defined in Chapter 36.22 RCW or the office or person assigned such duties under a county charter.

"County treasurer" means as defined in Chapter 36.29 RCW or the office or person assigned such duties under a county charter.

"Critical areas" means any of the following areas or ecosystems and their buffers: wetland, critical aquifer recharge areas, streams, fish and wildlife habitat conservation areas, frequently flooded areas, geologically hazardous areas as defined by the Growth Management Act (RCW 36.70A.170).

"Critical facility" means a facility for which even a slight chance of flooding might be too great. Critical facilities include, but are not limited to schools, nursing homes, hospitals, police, fire and emergency response installations, installations which produce, use or store hazardous materials or hazardous waste.

-D-

"Day care" means an establishment for group care of nonresident children licensed by the Washington State Department of Children, Youth, and Family. Day care establishments are subclassified as follows:

1.

"Family day care provider" means a child care provider who regularly provides early childhood education and early learning services for not more than twelve children in the provider's home in the family living quarters.

2.

"Child day care center" means an agency (i.e. facility or business) that regularly provides early childhood education and early learning services for a group of children for periods of less than twenty-four hours.

"Dedication" means the deliberate appropriation of land by an owner for any general and public uses, reserving to himself no other rights than such as are compatible with the full exercise and enjoyment of the public uses to which the property has been devoted. The intention to dedicate shall be evidenced by the owner by the presentment for filing of a final plat or short plat showing the dedication thereon; and, the acceptance by the public shall be evidenced by the approval of such plat for filing by the appropriate governmental unit.

"Detention" means the release of stormwater runoff from the site at a slower rate than it is collected by the stormwater facility system, the difference being held in temporary storage.

"Detention facility" means an above or below-ground facility such as a pond or tank that temporarily stores stormwater runoff and subsequently releases it at a slower rate than it is collected by the drainage facility system. There is little or no infiltration of stored stormwater.

"Developable (e.g., land, acres)" means land on which development can occur per the regulations of this and other titles of this Code.

"Developer" means a person who is responsible for any undertaking that requires a zoning permit, special use permit, conditional use permit, or sign permit.

"Development" means any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials located within the area of special flood hazard.

"Development agreement" means a written agreement between the city and a person having ownership or control of real property, setting forth the development standards and other provisions that will govern the development and use of said property, and which is processed, approved and executed in accordance with Chapter 15.17 CMC and RCW 36.70B.170 et seq.

"Dimensional nonconformity" means a nonconforming situation that occurs when the height, size, floor space, lot coverage, or other dimensional requirements of a structure or the relationship between an existing building or buildings and other buildings or lot lines does not conform to the regulations applicable to the district in which the property is located.

"Double-faced sign" means a sign that has advertising copy on opposite sides of a single-display surface or sign structure.

"Double frontage lot" means a lot having frontage on two parallel, or approximately parallel, streets.

"Drainage basin" means a geographic and hydrologic subunit of a watershed.

"Driveway" means that portion of the vehicle accommodation area that consists of a travel lane bounded on either side by an area that is not part of the vehicle accommodation area.

"Duplex" means a two-family residential use in which the dwelling units share a common wall (including without limitation the wall of an attached garage or porch) and in which each dwelling unit has living space on the ground floor and a separate, ground floor entrance.

"Dwelling unit" means a residential living unit that provides complete independent living facilities for one or more persons and that include permanent provisions for living, sleeping, eating, cooking, and sanitation, excluding recreational vehicles, trailers, boats, prisons, and medical care facilities.

-E-

"Earth materials" means any rock, natural soil or fill and/or any combination thereof.

"Easement" means land which has specific air, surface, or subsurface rights conveyed for use by someone other than the owner of the subject property or to benefit some property other than the subject property.

"Ecology" means the Washington State Department of Ecology.

"Effective date of this chapter." Whenever this title refers to the effective date of the ordinance codified in this chapter, the reference shall be deemed to include the effective date of the chapter as originally adopted, or the effective date of an amendment to it if the amendment creates a nonconforming situation.

"Effective date of this title." Whenever this title refers to the effective date of the ordinance codified in this title, the reference shall be deemed to include the effective date of any amendments to the ordinance codified in this title if the amendment, rather than this title as originally adopted, creates a nonconforming situation.

"Electrical sign" means a sign or sign structure in which electrical wiring, connections, and/or fixtures are used as part of the sign proper.

"Elevated building" means for insurance purposes, a non-basement building which has its lowest elevated floor raised above ground level by foundation walls, shear walls, post, piers, pilings, or columns.

"Engineering geologists" means a geologist experienced and knowledgeable in engineering geology.

"Engineering geology" means the application of geologic knowledge and principles in the investigation and evaluation of naturally occurring rock and soil for use in the design of civil works.

"Erosion" means the wearing away of the land surface by running water, wind, ice, or other geological agents, including such processes as gravitational creep, detachment and movement of soil or rock fragments by water, wind, ice, or gravity.

"Essential public facility" means any public facility or facilities owned or operated by a unit of local or state government, public or private utility, transportation company, or any other entity that provides public services as its primary mission, and that is difficult to site. Essential public facilities shall include those facilities listed in RCW 36.70A.200, and any facility that appears on the list maintained by the Washington State Office of Financial Management under RCW 36.70A.200(4).

"Excavation" means the mechanical removal of earth material.

"Existing manufactured home park" or "subdivision, for floodplain management purposes," means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before the effective date of the adopted floodplain management regulations.

"Existing site conditions" means:

1.

For developed sites with stormwater facilities that have been constructed to meet the standards in the minimum requirements of this manual, existing site conditions shall mean the existing conditions on the site.

2.

For developed sites that do not have stormwater facilities that meet the minimum requirements, existing site conditions shall mean the conditions that existed prior to local government adoption of a stormwater management program. If in question, the existing site conditions shall be documented by aerial photograph records, or other appropriate means.

3.

For all sites in water quality sensitive areas existing site conditions shall mean undisturbed forest, for the purpose of calculating runoff characteristics.

4.

For all undeveloped sites outside of water quality sensitive areas, site conditions shall mean the existing conditions on the site.

"Expansion to an existing manufactured home park" or "subdivision, for floodplain management purposes," means the preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads).

"Expenditure" means a sum of money paid out in return for some benefit or to fulfill some obligation. The term also includes binding contractual commitments to make future expenditures, as well as any other substantial changes in position.

"Experimental BMP" means a BMP that has not been tested and evaluated by the Department of Ecology in collaboration with local governments and technical experts.

-F-

"Facade" means the entire building front or street wall face of a building extending from the grade of the building to the top of the parapet or eaves and the entire width of the building elevation.

"Family" means an individual or two or more persons related by blood or marriage, or two or more persons with functional disabilities as defined herein, or a group of not more than four unrelated persons living together as a housekeeping unit.

"Fence" means a barrier composed of posts or piers connected by boards, rails, panels, wire, or a masonry wall, or natural or cultivated plantings of trees, shrubs, or other opaque natural material(s) that would effectively screen the property which it encloses, designed for the purpose of enclosing space or parcels of land. The term fence does not include retaining walls.

"Fill" means a deposit of earth material placed by artificial means.

"Final plat" means the final drawing of the subdivision and dedication prepared for filing for record with the county assessor and containing all elements and requirements set forth in RCW 58.17 and in this title.

"Final short plat" means the final drawing of the short subdivision and dedication prepared for filing for record with the county assessor and containing all elements and requirements set forth in RCW 58.17 and in this title.

"Fitness/sport centers" means establishments operating fitness and recreational sports facilities for the purpose of exercise, active physical fitness, conditioning, or recreational sports. Examples include but are not limited to gyms, fitness and health studios, dance studios, martial arts studios, indoor sport courts, and sports/recreation instruction.

"Flashing sign" means a sign or portion thereof which changes light intensity or switches on and off in a constant pattern or contains motion or the optical illusion of motion by use of electrical energy. Changing message centers shall not be considered flashing signs.

"Flood" or "flooding" means:

1.

A general and temporary condition of partial or complete inundation of normally dry land areas from:

A.

The overflow of inland or tidal waters.

B.

The unusual and rapid accumulation or runoff of surface waters from any source

C.

Mudslides (i.e., mudflows) which are proximately caused by flooding as defined in paragraph 1.(b) of this definition and are akin to a river of liquid and flowing mud on the surfaces of normally dry land areas, as when earth is carried by a current of water and deposited along the path of the current.

2.

The collapse or subsidence of land along the shore of a lake or other body of water as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of water, accompanied by a severe storm, or by an unanticipated force of nature, such as flash flood or an abnormal tidal surge, or by some similarly unusual and unforeseeable event which results in flooding as defined in paragraph 1.A. of this definition.

"Flood insurance rate map (FIRM)" means the official map on which the Federal Insurance Administration has delineated both the areas of special flood hazards and the risk premium zones applicable to the community.

"Flood insurance study" means the official report provided by the Federal Insurance Administration that includes flood profiles, the flood boundary-floodway map, and the water surface elevation of the base flood.

"Floodplain" means any land area susceptible to be inundated by water from the base flood. As used in this title, the term generally refers to that area designated as subject to flooding from the base flood (one hundred- year flood) on the most recently adopted flood insurance rate map prepared by the Federal Emergency Management Agency, a copy of which is on file in the planning department.

"Floodway" means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height.

"Forestry and logging" means growing trees for harvest or the gathering of forest products such as gums, barks, and needles.

"Forest practice" means any activity conducted on or directly pertaining to forest land and relating to growing, harvesting, or processing timber, including but not limited to: (1) road and trail construction; (2) harvesting, final and intermediate; (3) pre-commercial thinning; (4) reforestation; (5) fertilization; (6) prevention and suppression of diseases and insects; (7) salvage of trees; or (8) brush control.

"Freestanding Sign." See Sign, Freestanding.

"Frequently flooded areas" means the one hundred-year floodplain designations of the Federal Emergency Management Agency and the National Flood Insurance Program.

"Frontage" means the measurement of the length of the property line along the street immediately adjacent to the property.

"Fuel station" means a retail use primarily involving automobile fuels and specialized structures for selling fuel and fuel storage tanks, often underground. These establishments may provide incidental services such as automobile maintenance/repair, car washing, and the sale of food and other convenience items.

"Functionally dependent use" means a use which cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term includes only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities, and does not include long-term storage or related manufacturing facilities.

"Funeral home" means an establishment primarily engaged in preparing the dead for burial or interment and conducting funerals.

-G-

"General service" means uses involved in the provision of assistance, as opposed to products, to the general public and businesses. Examples include but are not limited to print and copy services, mail services, commercial machinery repair, catering services, pest control, locksmiths, carpet and upholstery cleaning, and business support services. These uses may include accessory retail sales.

"G.I.S." means geographic information system. G.P.S. means global positioning system. "Geologically hazardous areas" means areas that because of their susceptibility to erosion, sliding, earthquake or other geological events, may not suited to the siting of commercial, residential or industrial development consistent with public health or safety concerns.

"Grade" means the elevation as measured at the relative ground level in the immediate vicinity of the sign. It also means the slope of a road, channel, or natural ground. The finished surface of a canal bed, roadbed, top of embankment, or bosom of excavation; any surface prepared for the support of construction such as paving or the laying of a conduit.

1.

"Existing grade" means the grade prior to grading;

2.

"Rough grade" means the stage at which the grade approximately conforms to the approved plan;

3.

"Finish grade" means the final grade of the site which conforms to the approved plan.

"(To) grade" means to finish the surface of a canal bed, roadbed, top of embankment or bottom of excavation.

"Gradient terrace" means an earth embankment or a ridge-and-channel constructed with suitable spacing and an acceptable grade to reduce erosion damage by intercepting surface runoff and conducting it to a stable outlet at a stable nonerosive velocity.

"Gross floor area" means the total area of a building measured by taking the outside dimensions of the building at each floor level intended for occupancy or storage.

"Groundwater" means water in a saturated zone or stratum beneath the surface of land or a surface water body.

-H-

"Habitable floor" means any floor usable for living purposes, which includes working, sleeping, eating, cooking, or recreation, or any combination thereof. A floor used only for storage is not a habitable floor.

"Half story" means a story under a gable, hip or gambrel roof, plates of which are not more than three feet above the floor of such story.

"Harmony" means for the purposes of this title, a project may be found to be in harmony with the area in which it is located in terms of design and use when it meets the following criteria:

1.

Harmony of design. Where a project is subject to the city's development design guidelines or design regulations within this title it is presumed to be in harmony with the neighborhood in terms of design when it is found to be in conformance with those guidelines or regulations, even if it does not resemble existing development, as it is the intent of the city council that neighborhoods should eventually develop or redevelop according to those design specifications. Where a project is not subject to those design guidelines or regulations, it may be found to be in harmony with the neighborhood in terms of design when it generally conforms to the architectural aspects (i.e., those aspects addressed in the development design guidelines) of the existing development.

2.

Harmony of use. A project may be found to be in harmony with the existing uses of a neighborhood if it causes no significant impacts on surrounding uses or, if it could cause significant impacts, that those impacts have been mitigated through project design or by conditioning the permit to restrict or limit certain aspects of the use so as to minimize those impacts.

"Hearing officer" means the person, or chair of the board, before whom a land use hearing is being held. "Height of a building", except as otherwise defined in CMC 15.48.060.A.1, shall be the vertical distance measured from the mean elevation of the finished grade at the front of the building to the highest point of the building.

"High-volume traffic generation" means all uses in the 2.000 classification other than low-volume traffic generation uses.

"Highest adjacent grade" means the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.

"Historic structure" means any structure that is:

1.

Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;

2.

Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;

3.

Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of Interior; or

4.

Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:

A.

By an approved state program as determined by the Secretary of the Interior, or

B.

Directly by the Secretary of the Interior in states without approved programs.

"Home occupation" means a commercial activity that: (1) is conducted by a person on the same lot (in a residential district) where such person resides, and (2) is not so insubstantial or incidental or is not so commonly associated with the residential use as to be regarded as an accessory use (see Section 15.40.050 Accessory uses), but that can be conducted without any significantly adverse impact on the surrounding neighborhood. See Section 15.44.094.

"Homeowners association" (HOA) means a legal entity that governs a community of homes, including subdivisions, condominiums, townhomes, or planned community. HOAs operate within state statutes to enforce regulations and collect assessments from homeowners, while also taking care of maintenance repairs of common areas.

"Hospital" means a building designed and used for medical and surgical diagnosis, treatment, and housing of persons under the care of doctors and nurses. This term does not include nursing homes and medical clinics.

"Hotel/motel" means a building or portion thereof designed or used for short-term rental of units for sleeping purposes, with or without cooking facilities, and which may include related accessory uses such as shared dining facilities, recreation facilities, and meeting facilities.

"Hydroperiod" means the seasonal occurrence of flooding and/or soil saturation; it encompasses depth, frequency, duration, and seasonal pattern of inundation.

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"Illicit discharge" means all non-stormwater discharges to stormwater drainage systems that cause or contribute to a violation of state water quality, sediment quality or groundwater quality standards, including but not limited to sanitary sewer connections, industrial process water, interior floor drains, car washing and greywater systems.

"Impervious surface" means a hard surface area which either prevents or retards the entry of water into the soil mantle as under natural conditions prior to development, and/or a hard surface area which causes water to run off the surface in greater quantities or at an increased rate of flow from the flow present under natural conditions prior to development. Common impervious surfaces include, but are not limited to, rooftops, walkways, patios, driveways, parking lots or storage areas, concrete or asphalt paving, gravel roads, packed earthen materials, and oiled, macadam or other surfaces which similarly impede the natural infiltration of stormwater. Open, uncovered retention/detention facilities shall not be considered as impervious surfaces.

"Individual unit lot" means a lot created through the unit lot subdivision process of Chapter 15.16 CMC and designated for duplex, cottage housing and/or townhouse development.

"Indoor recreation" means uses providing recreation-oriented activities indoors, including but not limited to arcades, arenas, bowling alleys, dance halls, marital arts studios, skating rinks, and swimming pools.

"Indoor theater" means a movie theater, stage theater, auditorium, and similar uses.

"Industrial, heavy" means any facility involving the refinement, production, or storage of dangerous, noxious or offensive materials and products, and any facility that has smoke, odor, noise, glare, fumes, gas, vibration, use of fire or explosives, emission of particulate matter, interference with radio or television reception, or radiation. The use may require outdoor operations and storage. Examples include but are not limited to vehicle and transportation equipment manufacturing, fossil fuel and chemical processing and manufacturing, and plastic and rubber products manufacturing.

"Industrial, light" means the manufacturing, assembly, repair or servicing of industrial, business, or consumer machinery, equipment, products, or by-products. The use may require outdoor operations and storage. Examples include but are not limited wood product and paper manufacturing, packaging and labeling, mineral and metal product manufacturing, electronics and appliance manufacturing, construction contractors, and building and landscaping maintenance services.

"Insurance agencies" means business establishments that offer insurance services.

"Interflow" means that portion of rainfall that infiltrates into the soil and moves laterally through the upper soil horizons until intercepted by a stream channel or until it returns to the sumacs for example, in a wetland, spring or seep.

"Internally illuminated signs" means signs where the source of the illumination is inside the sign and light emanates through the message of the sign, rather than being reflected off the surface of the sign from an external source. Without limiting the generality of the foregoing, signs that consist of or contain tubes that:

1.

Are filled with neon or some other gas that glows when an electric current passes through it; and (2) are intended to form or constitute all or part of the message of the sign, rather than merely providing illumination to other parts of the sign that contain the message, shall also be considered internally illuminated signs.

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"Junk" means any scrap, waste, reclaimable material, or debris, whether or not stored, for sale or in the process of being dismantled, destroyed, processed, salvaged, stored, baled, disposed, or other use or disposition.

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"Land clearing" means the cutting, logging, or removal of enough vegetation so that the overall nature of a site's vegetation is altered, except for what would otherwise be considered gardening, landscaping, or yard maintenance on a developed lot or portion of a lot where not all of the lot is developed. For example, selectively logging a few mature trees from many trees would not be considered clearing, while logging all mature trees (even if immature ones are left) so that habitat value or shading is altered, shall be considered clearing. Another example of clearing would be to grub or remove all groundcover (blackberries, etc.) over the area limits specified in the code, while partial grubbing of this area may not be.

"Land disturbing activity" means any activity that results in a change in the existing soil cover (both vegetative and nonvegetative) and/or the existing soil topography. Land disturbing activities include, but are not limited to demolition, construction, clearing, grading, filling and excavation.

"Landscaping" means any material used as a decorative feature, such as concrete bases, planter boxes, rockeries, driftwood, pole covers, decorative framing and shrubbery or planting materials, used in conjunction with a sign, which expresses the theme of the sign but which does not contain advertising copy.

"Large parcel erosion and sediment control plan" or "large parcel ESC plan" means a plan to implement BMPs to control pollution generated during land disturbing activity. Guidance for preparing a large parcel ESC plan is contained in the manual.

"Loading and unloading area" means that portion of the vehicle accommodation area used to satisfy the requirements of Section 15.72.100 (Loading and unloading areas).

"Locally sponsored essential public facility" means any essential public facility that is proposed, operated, owned or otherwise sponsored by a proponent other than a state agency, a county, or another regional entity.

"Lot" means a fractional part of divided lands having fixed boundaries, being of sufficient area and dimension to meet minimum zoning requirements for width and area. The term shall include tracts or parcels. If a public body or any authority with the power of eminent domain condemns, purchases, or otherwise obtains fee simple title to or a lesser interest in a strip of land cutting across a parcel of land otherwise characterized as a lot by this definition, or a private road is created across a parcel of land otherwise characterized as a lot by this definition, and the interest thus obtained or the road so created is such as effectively to prevent the use of this parcel as one lot, then the land on either side of this strip shall constitute a separate lot. Subject to Section 15.32.020 (Nonconforming lots), the permit-issuing authority and the owner of two or more contiguous lots may agree to regard the lots as one lot if necessary or convenient to comply with any of the requirements of this title.

"Lot area" means the total area circumscribed by the boundaries of a lot, except that: (1) when the legal instrument creating a lot shows the boundary of the lot extending into a public street right-of-way, then the lot boundary for purposes of computing the lot area shall be the street right-of-way line, or if the right-of-way line cannot be determined, a line running parallel to and thirty feet from the center of the traveled portion of the street, and (2) in a residential district, when a private road that serves more than three dwelling units is located along any lot boundary, then the lot boundary for purposes of computing the lot area shall be the inside boundary of the traveled portion of that road.

"Lot, corner" means a lot at the junction of and fronting on the intersection of two or more streets.

"Lot coverage" means the total ground coverage of all buildings or structures on a site measured from the outside of external walls or supporting, but not to include at-grade, off-street parking lots; deck areas; terraces; swimming pools; pool deck areas; walkways; roadways; and driveways.

"Lot depth" means the horizontal length of a straight line drawn from the midpoint of the front property line to the midpoint of the rear property line.

"Lot, flag" means a lot with access provided to the bulk of the lot by means of a narrow corridor. "Lot, interior" means a lot fronting on one street.

"Lot line, front" means any property line of a lot which abuts a public street, private street or dedicated vehicular access easement is considered a frontage and will meet the minimum front yard setback requirements of this code. On a corner lot, or lot bounded by more than one public or private street or dedicated easement, the "front lot line" will be the lot line providing principal access from the adjacent street.

"Lot line, rear" means the property line of a lot that is most opposite or most distant from the designated front lot line and that does not intersect any front lot line. In the case of a triangular lot, it means a line 10 feet in length within the lot parallel to and at the maximum distance from the front lot line. In the event that the front lot line is curved, then the rear property line will be assumed to be a line tangent to the front property line at its midpoint.

"Lot line, side" means any lot line that is not a front or rear lot line, or any lot line that intersects a front lot line.

"Lot of record" means a lot whose existence, location, and dimensions have been legally recorded or registered in a deed or a plat.

"Lot, substandard" means a lot or parcel of land that has less than the required minimum area or width as established by the zone in which it is located; and provided, that such lot or parcel was of record as a legally created lot on the effective date of this title.

"Lot width" means the horizontal distance between side lot lines, measured at the required front setback line, or in an irregularly shaped lot, the dimension across the lot at the building line.

"Lowest floor" means the lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access or storage, in an area other than a basement area, is not considered a building's lowest floor, provided that such enclosure is not built so as to render the structure in violation of the applicable non-elevation design requirements.

"Low-volume traffic generation" means uses such as furniture stores, carpet stores, major appliance stores, etc., that sell items that are large and bulky, that need a relatively large amount of storage or display area for each unit offered for sale, and that therefore generate less customer traffic per square foot of floor space than stores selling smaller items.

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"Mansard roof" means a sloped roof or roof-like facade architecturally able to be treated as a building wall.

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

"Manufactured home park" or "subdivision" means a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale.

"Manufacturing, artisan" means the small-scale production of goods by the use of hand tools or light mechanical equipment occurring within a fully enclosed building where such production requires no outdoor operations or storage. Typical uses have negligible impacts on surrounding properties. Examples include are but are not limited to woodworking and cabinet shops, ceramic studios, jewelry manufacturing and similar types of arts and crafts, production of alcohol, or food processing.

"Manufacturing, light" means a facility conducting light manufacturing operations within a fully enclosed building where such production requires no outdoor operations or storage. Examples include but are not limited to the manufacture of clothing, electronics, medical devices, musical instruments, scientific tools, printing and publishing, toys, sign-making, The term includes the repair of commercial equipment and vehicles.

"Marijuana producers, processors, and retailers." Defined by RCW 69.50.101.

"Marquee" means a permanent structure attached to, supported by, and projecting from a building and providing protection from the weather elements, but which does not include a projecting roof. For purposes of the ordinance codified in this chapter, a freestanding, permanent, roof-like structure providing protection from the elements, such as a service station gas pump island, will also be considered a marquee. The definition also includes an awning and a canopy.

"Master development plan" means a plan for one or more contiguous parcels establishing land use and layout of buildings including site design, transportation and circulation, utilities, recreational and cultural facilities, environmentally sensitive areas, and landscaping.

"Mean sea level" means for purposes of the National Flood Insurance Program, the vertical datum to which base flood elevations shown on a community's Flood Insurance Rate Map are referenced.

"Medical office/clinic" means a facility providing medical or surgical care to patients with less capacity than a full-service hospital. Some facilities may offer overnight care. This term includes but is not limited to physician and dentist offices, offices for chiropractors and other medical practitioners, urgent care centers, blood donation centers, and medical laboratories.

"Mitigation" means any of the following: (1) avoiding the impact altogether by not taking a certain action or part of an action; (2) minimizing impacts by limiting the degree or magnitude of the action and its implementation, by using appropriate technology, or by taking affirmative steps to avoid or reduce impacts; (3) rectifying the impact by repairing, rehabilitating or restoring the affected environment; (4) reducing or eliminating the impact over time by preservation and maintenance operations during the life of the action; and (5) compensation for the impact by replacing, enhancing, or providing substitute resources or environments.

"Mixed use" means a site containing at least one dwelling unit and non-residential floor area.

"Mobile food service" means a licensed and operable motor vehicle, trailer, or nonmotorized cart used to serve, vend, or otherwise provide food for immediate consumption from a fixed location or along a route.

"Manufactured Home, Class A. Class A mobile home" means a mobile or manufactured home constructed after July 1, 1976, that meets or exceeds the construction standards promulgated by the U.S. Department of Housing and Urban Development that were in effect at the time of construction and that satisfies each of the following additional criteria:

1.

The home has a length not exceeding four times its width;

2.

The pitch of the home's roof has a minimum vertical rise of one foot for each five feet of horizontal run, and the roof is finished with a type of shingle that is commonly used in standard residential construction;

3.

The exterior siding consists of wood, hardboard, or aluminum (vinyl covered or painted, but in no case exceeding the reflectivity of gloss white paint) comparable in composition, appearance, and durability to the exterior siding commonly used in standard residential construction;

4.

A continuous, permanent masonry foundation, un-pierced except for required ventilation and access, is installed under the home; and

5.

The tongue, axles, transporting lights, and removable towing apparatus are removed after placement on the lot and before occupancy.

"Manufactured Home, Class B. Class B mobile home" means a mobile or manufactured home constructed after July 1, 1976, that meets or exceeds the construction standards promulgated by the U.S. Department of Housing and Urban Development that were in effect at the time of construction but that does not satisfy the criteria necessary to qualify the house as a Class A mobile home.

"Manufactured Home, Class C. Class C mobile home" means any mobile or manufactured home that does not meet the definitional criteria of a Class A or Class B mobile home.

"Manufactured home park" means a residential use in which more than one mobile or manufactured home is located on a single lot.

"Mobile or manufactured home" means a dwelling unit that: (1) is not constructed in accordance with the standards set forth in the Uniform Building Code applicable to site-built homes; and (2) is composed of one or more components, each of which was substantially assembled in a manufacturing plant and designed to be transported to the home site on its own chassis, and (3) exceeds forty feet in length and eight feet in width.

"Model home" means a single-family residence open to the public for sales promotion to demonstrate the types and finishes of homes available in the subdivision. A model home is constructed in an approved preliminary plat which has not yet received final plat approval.

"Modular home" means a dwelling unit constructed in accordance with the standards set forth in the Uniform Building Code applicable to site-built homes and composed of components substantially assembled in a manufacturing plant and transported to the building site for final assembly on a permanent foundation. Among other possibilities, a modular home may consist of two sections transported to the site in a manner similar to a mobile home (except that the modular home meets requirements of the Uniform Building Code applicable to site-built homes), or a series of panels or room sections transported on a truck and erected or joined together on the site.

"Multiple-building complex" means a group of commercial or industrial structures.

"Multifamily" means a residential use consisting of a building containing three or more dwelling units. For purposes of this definition, a building includes all dwelling units that are enclosed within that building or attached to it by a common floor or wall (even the wall of an attached garage or porch).

"Multiple-tenant building" means a single structure that houses more than one retail business, office or commercial venture, but that does not include residential apartment buildings sharing the same lot, access and/or parking facilities.

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"Natural location" means the location of those channels, scales, and other nonman-made conveyance systems as defined by the first documented topographic contours existing for the subject property, either from maps or photographs, or such other means as appropriate.

"New construction" means for the purposes of determining insurance rates, structures for which the start of construction commenced on or after the effective date of an initial Flood Insurance Rate Map or after December 31, 1974, whichever is later, and includes any subsequent improvements to such structures. For floodplain management purposes, new construction means structures for which the start of construction commenced on or after the effective date of a floodplain management regulation adopted by the City and includes any subsequent improvements to such structures.

"New development" means any of the following activities: land disturbing activities, structural development, including construction, installation or expansion of a building or other structure; creation of impervious surfaces; Class IV—General forest practices that are conversions from timber land to other uses; and subdivision and short subdivision of land as defined in RCW 58.17.020. All other forest practices and commercial agriculture are not considered new development.

"New manufactured home park or subdivision", for floodplain management purposes, means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date of adopted floodplain management regulations.

"Nonconforming lot" means a lot existing at the effective date of the ordinance codified in this title (and not created for the purposes of evading the restrictions of this title) that does not meet the minimum area requirement of the district in which the lot is located.

"Nonconforming project" means any structure, development, or undertaking that is incomplete at the effective date of the ordinance codified in this title and would be inconsistent with any regulation applicable to the district in which it is located if completed as proposed or planned.

"Nonconforming situation" means a situation that occurs when, on the effective date of the ordinance codified in this title, any existing lot or structure or use of an existing lot or structure does not conform to one or more of the regulations applicable to the district in which the lot or structure is located. Among other possibilities, a nonconforming situation may arise because a lot does not meet minimum acreage requirements, because structures exceed maximum height limitations, because the relationship between existing buildings and the land (in such matters as density and setback requirements) is not in conformity with this title, or because land or buildings are used for purposes made unlawful by this title. Nonconforming signs shall not be regarded as nonconforming situations for purposes of Chapter 15.32 (Nonconforming Situations).

"Nonconforming use" means a nonconforming situation that occurs when property is used for a purpose or in a manner made unlawful by the use regulations applicable to the district in which the property is located. (For example, a commercial office building in a residential district may be a nonconforming use.) The term also refers to the activity that constitutes the use made of the property. (For example, all the activity associated with operating a retail clothing store in a residentially zoned area constitutes a nonconforming use.)

"Nursing home" means an institutional facility maintained for the purpose of providing skilled nursing care and medical supervision for persons recovering from an illness or operation or persons made weak or disabled by illness or injury. Services are provided at a lower level than that available in a hospital. The use includes residential care facilities. Such establishments must be duly licensed by the state as a nursing home in accordance with current state statutes.

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"Offices for contractors of all construction trades" means temporary offices associated with construction projects. Indoor shop space may be incidental. Outdoor storage is not included in this use.

"Off-premises signs" means a sign that draws attention to or communicates information about a business, service, commodity, accommodation, attraction, or other enterprise or activity that exists or is conducted, sold, offered, maintained, or provided at a location other than the premises on which the sign is located.

"On-premises sign." See sign, on-premises.

"Outdoor recreation" means uses providing recreation-oriented activities outdoors or in outdoor structures, including not limited to sport fields, outdoor theatres, skateboard parks, paintball facilities, golf courses, waterparks, amusement parks, racetracks, riding stables, and stadiums.

"Owner" means all persons, partnerships, corporations, and other legal entities that have an ownership interest (including purchasers and sellers under a real estate contract) in the subject property.

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"Parapet" means a false front or wall extension above the roof line.

"Parent site" means the original property that is subdivided into individual unit lots through the unit lot subdivision process of Chapter 15.16.

"Parking area aisles" means a portion of the vehicle accommodation area consisting of lanes providing access to parking spaces.

"Parking lots and garages" means off-street facilities designed for the temporary storage of automobiles. The term includes parking facilities with electric vehicle battery charging stations.

"Permanent supportive housing:" Defined by RCW 36.70A.030.

"Parking space" means a portion of the vehicle accommodation area set aside for the parking of one vehicle.

"Pasture" means an area covered with grass or other plants used or suitable for the grazing of livestock. (Note: Definition from Webster's.)

"People with functional disabilities" means:

1.

A person who, because of recognized chronic physical or mental condition or disease, is functionally disabled to the extent of: (a) needing care, supervision, or monitoring to perform activities of daily living or instrumental activities of daily living; or (b) needing supports to ameliorate or compensate for the effects of the functional disability so as to lead as independent a life as possible; or (c) having a physical or mental impairment which substantially limits one or more of such person's major life activities; or (d) having a record of having such an impairment; or

2.

Being regarded as having such an impairment, but such term does not include current, illegal use of or active addition to a controlled substance.

"Perimeter" means the boundary of the square or rectangle required to enclose the sign.

"Permanent stormwater control plan" means a plan which includes permanent BMPs for the control of pollution from stormwater runoff after construction and/or land disturbing activity has been completed. For small sites, this requirement is met by implementing a small parcel erosion and sediment control plan. Guidance on preparing a PSQC plan is contained in the manual.

"Permit-issuing authority." Wherever this code refers to the permit-issuing authority it refers to that person, board, office, or institution having jurisdiction over the permit in question.

"Person" means an individual, firm, partnership, association, corporation, company, institution, or organization.

"Personal care service" means uses involved in providing nonmedical body and health services to the general public, including but not limited to salons, barbers, tanning, massage therapy, tailors, tattoo parlors. The use includes pet grooming services. These uses may include accessory retail sales.

"Pet daycare" means any indoor commercial facility where four or more dogs or other pet animals are left by their owners for periods of supervised social interaction in play groups with other animals of the same species; for the majority of the time the pets are at the facility during the hours the facility is open to the public. The facility may include associated ancillary outdoor space. See separate definition for animal care.

"Planned business district" means commercial development of contiguous properties in conformance with a master development plan.

"Planned residential development" means a development constructed on at least five acres under single application, planned and developed as an integral unit, and consisting of single-family detached residences and may be combined with two-family residences, multifamily residences, public/semi-public amenities (e.g., usable open space, a community center, recreational facilities, etc.), or a combination thereof, all developed in accordance with Section 15.44.020 Planned residential developments.

"Planning jurisdiction" means the area within the city limits as well as any area beyond the city limits within which the city is authorized to plan for and regulate development, as set forth in Section 15.04.030 (Jurisdiction).

"Planning official" means the person appointed by the city manager to serve as the city planner.

"Preliminary plat" or "preliminary short plat" means a neat and approximate drawing of a proposed subdivision showing the general layout of streets and alleys, lots, blocks, restrictive covenants, and other elements of a subdivision consistent with the requirements of this title. The preliminary plat shall be the basis for the approval or disapproval of the general layout of a subdivision. Preliminary plats require a boundary survey.

"Pollution" means contamination or other alteration of the physical, chemical, or biological properties, of waters of the state, including change in temperature, taste, color, turbidity, or odor of the waters, or such discharge of any liquid, gaseous, solid, radioactive or other substance into any waters of the state as will or is likely to create a nuisance or render such waters harmful, detrimental or injurious to the public health, safety or welfare, or to domestic, commercial, industrial, agricultural, recreational, or other legitimate beneficial uses, or to livestock, wild animals, birds, fish or other aquatic life.

"Premises" means the real estate (as a unit) which is involved by the sign or signs mentioned on this chapter. "Private educational services" means for-profit and non-profit educational services. Examples include but are not limited to testing centers, business schools, trade and vocational schools, language and exam tutoring, and arts and craft studios. The term does not include government facilities.

"Private road" or "driveway" means every way or place in private ownership and used for travel of vehicles by the owner or those having express or implied permission from the owner, but not by other persons.

"Professional office" means activities conducted in an office setting and generally focusing on business, professional, legal, financial, or government administration services. The term includes banks/credit unions and audio and video recording and broadcasting.

"Public safety facility" means a facility providing emergency response functions including fire stations and police stations.

"Public service facility" means a facility providing government functions including but not limited to libraries, community and recreation centers, museums, courts, jails, transit centers, and maintenance shops. This term does not include government administration offices.

"Public water supply system" means any water supply system furnishing potable water to two or more dwelling units or businesses or any combination thereof.

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"Reader-board" means a sign face consisting of tracks to hold readily changeable letters allowing frequent changes of copy.

"Reasonably safe from flooding" means development that is designed and built to be safe from flooding based on consideration of current flood elevation studies, historical data, high water marks and other reliable data known to the City. In unnumbered A zones where flood elevation information is not available and cannot be obtained by practicable means, reasonably safe from flooding means that the lowest floor is at least two feet above the highest adjacent grade.

"Recreational camps" means an area established for temporary occupancy by people using tents, s, travel trailers, and similar temporary lodgings. Improvements such as roads, toilets, showers, utility connections, and other amenities may be provided.

"Recreational vehicle park" or "RV park" means a tract or parcel of land upon which two or more recreational vehicle sites are located, principally used for occupancy by predominantly RVs as temporary living quarters for recreation or vacation purposes with a maximum allowable stay per vehicle of 30 days per 12 months, except that Council may permit an extended stay for economic development purposes of up to 180 days per 12 months under a development agreement. The recreational vehicle park must be professionally run with on-site office hours.

"Recreational vehicle" meaning shall include, but not be limited to, the following:

1.

Travel Trailer. A vehicular, portable structure built on a chassis and drawn by a motorized vehicle and which is designed to be used as a temporary dwelling for travel, recreational and vacation uses;

2.

Camper. A structure designed to be mounted on a truck chassis for use as a temporary dwelling for travel, recreational and vacation uses;

3.

Motor Home. A portable, temporary dwelling to be used for travel, recreational and vacation uses and which is constructed as an integral part of a self-propelled vehicle;

4.

Camping Trailer. A folding structure mounted on wheels and designed for travel, recreational and vacation uses;

5.

Park Trailer. A trailer-type unit that is primarily designed to provide temporary living quarters for recreational, camping or seasonal use, that meets the following criteria:

a.

Built on a single chassis, mounted on wheels;

b.

Having a gross trailer area not exceeding 400 square feet (37.15 square meters) in the setup mode; and

c.

Certified by the manufacturer as complying with ANSI A119.5;

"Redevelopment" means on an already developed site, the creation or addition of impervious surfaces, structural development including construction, installation or expansion of a building or other structure, and/or replacement of impervious surface that is not part of a routine maintenance activity, and land disturbing activities associated with structural or impervious redevelopment.

"Regional retention/detention system" means a stormwater quantity control structure designed to correct existing excess surface water runoff problems of a basin or sub-basin. The area downstream has been previously identified as having existing or predicted significant and regional flooding and/or erosion problems. This term is also used when a detention facility is used to detain stormwater runoff from a number of different businesses, developments or areas within a catchment.

"Religious facilities" means houses of worship and places where people congregate to worship or otherwise participate in religious activities. Includes but is not limited to churches, synagogues, temples, and mosques.

"Research and development" means an establishment which conducts scientific research, development, or controlled production of high-technology electronic, industrial, or scientific products or commodities for sale, and laboratories conducting educational or medical research or testing. This use does not involve the mass manufacture, fabrication, processing, or sale of products.

"Restaurants and cafes" mean establishments that prepare and sell food and drink for on- or off-premises consumption. The term includes brewpubs, bakeries, delis and other food-based customer-serving establishments.

"Retail sales" means establishments involved in the sale of new or used products. Examples of products include but are not limited to art supplies, art galleries, baked goods, bicycles, books, building supplies, cameras, carpet and floor coverings, crafts, clothing, computers, convenience goods, dry goods, electronic equipment, fabric, flowers, furniture, garden supplies, gifts or novelties, groceries, hardware, home improvement, household products, jewelry, medical supplies, music, musical instruments, office supplies, package shipping, pawnshops, pets, pet supplies, pharmaceuticals (including pharmacies), photo finishing, picture frames, plants, printed materials, produce, seafood, souvenirs, sporting goods, stationery, tobacco, used or secondhand goods, vehicle parts and accessories, videos and related products.

"Retail sales, heavy" means retail uses with exterior sales and/or storage areas greater than 15,000 gross square feet or occupying a greater area than the use's principal building. Examples include agricultural supplies, plant and landscape design materials, building materials, and heating fuels.

"Retention/detention facility (R/D)" means a type of drainage facility designed either to hold water for a considerable length of time and then release it by evaporation, plant transpiration, and/or infiltration into the ground; or to hold surface and stormwater runoff for a short period of time and then release it to the surface and stormwater management system.

"Reverse frontage lot" is a double frontage lot for which the boundary along one of the streets is established as the rear lot line.

"Right-of-way (ROW)" means that area of land dedicated for public use or secured by the public for purposes of ingress and egress to abutting property and other public purposes, such as space for utility lines, appurtenances and similar components.

"Road" means all ways used to provide motor vehicle access to: (1) two or more lots, or (2) two or more distinct areas or buildings in unsubdivided developments.

"Roadway" means that portion of a highway improved, designed, or ordinarily used for vehicular travel, exclusive of the sidewalk or shoulder even though such sidewalk or shoulder is used by persons riding bicycles. In the event a highway includes two or more separated roadways, the term roadway shall refer to any such roadway separately but shall not refer to all such roadways collectively.

"Roofline" means the top edge of a roof or parapet or the top line of a building silhouette.

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"Sanitary station" or sanitary dumping station means a facility used for removing and disposing of wastes from RV sewage holding tanks. RV sewage holding tanks may be mobile or contained within a recreational vehicle.

"School, K-12" means an institution of learning for minors, whether public or private, offering regular course of instruction required by the Washington Education Code. This definition includes an elementary school, middle or junior high school, or high school. Elementary schools offer instruction to grades kindergarten (K) through five (5) or six (6). Junior high/middle schools offer instruction to grades six (6) through eight (8) or seven (7) through nine (9). High schools offer instruction to grades nine (9) or ten (10) through twelve (12). See also School, primary or secondary. If said school is located on the grounds of a religious facility, it must be considered a separate principal use if it has a student body in excess of 30 students (students enrolled in a child day care center at the church may not be separately counted as a school).

"School, preschool" means facility for the organized instruction of children who have not reached the age for enrollment in kindergarten.

"Secure community transition facility." Defined by RCW 71.09.020.

"Self-service storage" means facilities providing separate storage areas for personal or business use designed to allow private access by the tenant for storing goods and private property.

"Senior housing" means dwellings specifically designed for occupancy by persons of fifty-five years of age or older and able to live independently.

"Sensitive areas. See definition for "critical areas."

"Servient lot" means any lot which has the burden of providing an access easement for use by other lots.

"Setback" means the minimum required distance between a structure and a specified line such as a lot, easement or buffer line that is required to remain free of structures.

"Shoreline master program" means the city's policies and goals for use of shorelines adopted pursuant to RCW 90.58.

"Short plat." See "plat, preliminary."

"Short subdivision." See "subdivision, short."

"Short term rental" means a residential home unit or accessory building that is rented out for a brief period, usually less than 30 days.

"Sidewalk" means that property between the curb lines or the lateral lines of a roadway and the adjacent property, set aside and intended for the use of pedestrians or such portion of private property parallel and in proximity to a public highway and dedicated to use by pedestrians.

"Sign" means any visual communication device, structure, or fixture which is visible from any right-of-way and is intended to aid the establishment in question in promoting the sale of products, goods, services, events; or to identify a building using graphics, letters, figures, symbols, trademarks or written copy. Painted wall designs or patterns which do not represent a product, service or registered trademark; or which do not identify the user, shall not be considered signs. If a design or pattern is combined with a sign, only that part of the design or pattern which cannot be distinguished from the sign will be considered as part of the sign.

"Sign, abandoned." Abandoned sign means a sign that no longer correctly identifies, exhorts, or advertises any person, business, lesser, owner, product, or activity conducted or available on the premises where such sign is located.

"Sign, advertising." Advertising sign means a sign that directs attention to a business, commodity, service, or entertainment conducted, sold, or offered elsewhere than upon the premises where such sign is located, or to which it is affixed.

"Sign area" means the entire area of a sign on which copy is to be placed. Only one side of a double-faced sign shall be included. Sign structure, architectural embellishments, framework and decorative features which contain no written or advertising copy shall not be included. Sign area shall be calculated by measuring the area determined by the perimeter as previously defined in this section.

"Sign, backlit." Backlit sign means signs that are artificially illuminated from within or from behind.

"Sign, billboard." Billboard sign means a sign or sign structure supported by one or more uprights and braces in the ground or on a building roof upon which general advertising matter is placed, usually by the poster method, erected entirely upon private property.

"Sign, business." Business sign means a sign which directs attention to a business or profession conducted, or to a commodity, service, or entertainment sold, or offered upon the premises where such sign is located, or to which it is affixed.

"Sign, changing message center." Changing message center sign means an electronically controlled public service time and temperature sign, message center, or readerboard where different copy changes of a public service or commercial nature are shown on the same lampbank.

"Sign, construction." Construction sign means a temporary sign designating the contractor(s), architect(s), and engineer(s) participating in a construction project underway on the same premises. A construction sign may also include the name of the project.

"Sign, double-faced." Double-faced sign means a sign with two faces.

"Sign, electrical." Electrical sign means a sign or sign structure in which electrical wiring, connections, and/or fixtures are used as part of the sign proper.

"Sign, flashing." Flashing sign means an electrical sign or portion thereof that changes light intensity in a sudden transitory burst or that switches on and off in a constant pattern with more than one-third of the light source that is not constant being off at any one time.

"Sign, freestanding." Freestanding sign means a sign attached to the ground by a sign structure and supported by uprights placed on or in the ground.

"Sign, garage" or "yard sale." Garage or yard sale sign means a sign advertising a private sale of personal household possessions; not for the use of any commercial venture.

"Sign height" means the greater of:

1.

The vertical distance measured from the average finished elevation within the sign outline to the highest point of the sign;

2.

The vertical distance measured from the highest point of the pre-existing natural elevation within the sign outline to the highest point of the sign.

"Sign, identification." Identification sign means a sign of an informational nature that directs attention to certain uses other than businesses, individual private residences or home occupations.

"Sign, incidental." Incidental sign means a small, nonelectric information sign two square feet or less in area which pertains to goods, products, services, or facilities which are available on the premises where the sign occurs and which is intended primarily for the convenience of the public while on the premises.

"Sign, nameplate." Nameplate sign means a sign designating the name and address of the resident, residence, or its home occupation.

"Sign, nonconforming." Nonconforming sign means a sign that, on the effective date of the ordinance codified in this title, does not conform to one or more of the regulations set forth in this title, particularly Chapter 15.68 Signs.

"Sign, off-premises." Off-premises sign means a sign relating, through its message and content, to a business activity, use, product, or service not available on the premises on which the sign is erected.

"Sign, on-premises." On-premises sign means a sign which carries only advertisements and messages strictly applicable to a lawful use of the premises on which it is located.

"Sign, on-premises directional." On-premises directional sign means a permanent sign that directs the public to a specific place such as an entrance, exit, or parking or service area, or to a particular aspect of a business establishment.

"Sign permit" means a permit issued by the land-use administrator that authorizes the recipient to erect, move, enlarge, or substantially alter a sign.

"Sign, pole." Pole sign means a sign that is attached to a single pole.

"Sign, portable." Portable sign means any sign which is not permanently affixed and is designated for or capable of being moved, except those signs explicitly designed for people to carry on their person.

"Sign, portable reader board." Portable reader board sign means a lighted or unlighted business sign or part of a sign on which the letters are readily replaceable such that the copy can be changed from time to time at will, and that is capable of being moved easily or trailer mounted and is not permanently affixed to the ground, structure or building.

"Sign, principal." Principal sign means a business sign which may be freestanding, wall mounted, or projecting, and is lighted or unlighted, and does not exceed eighty square feet in area.

"Sign, projecting." Projecting sign means a sign which is attached to and projects more than one foot from a structure, building face or marquee.

"Sign, real estate." Real estate sign means a temporary sign erected by the owner, or his/her agent, that advertises the real estate upon which the sign is located for rent, lease or sale, or directing people to the property.

"Sign, revolving." Revolving sign means a sign which rotates or turns in motion in a circular pattern.

"Sign, roof." Roof sign means a sign fully supported by and erected on and above a roof of a building or structure. (Shall not include a sign erected on the face of a mansard roof.)

"Sign, secondary." Secondary sign means a business sign which may be projecting, portable, or wall mounted and does not exceed twenty square feet in area.

"Sign, standing. Standing sign means a freestanding sign attached to two or more supports above ground, as distinct from a monument freestanding sign. Typically made of wood.

"Sign structure" means any structure which supports or is designed to support any sign as defined in this chapter. A sign structure may be a single pole or may or may not be an integral part of the building.

"Sign, temporary." Temporary sign means a sign that: (1) is used in connection with a circumstance, situation, or event that is designed, intended or expected to take place or to be completed within a reasonably short or definite period after the erection of such sign, or (2) is intended to remain on the location where it is erected or placed for a period of not more than fifteen days. If a sign display area is permanent but the message displayed is subject to periodic changes, that sign shall not be regarded as temporary. It also means any real estate, special event, garage sale, construction, or political sign displayed for a limited period of time.

"Sign, traffic/directional." Traffic/directional sign means a sign that is located to guide or direct pedestrian or vehicular traffic to parking entrances, exits and service areas.

"Sign, under-marquee." Under-marquee sign means a sign attached to and suspended from the underside of a marquee or canopy.

"Sign, wall." Wall sign means a sign attached or erected parallel to and extending not more than one foot from the facade or face of any building to which it is attached and supported throughout its entire length, with the exposed face of the sign parallel to the plane of the wall or facade. Signs incorporated into mansard roofs, marquees or canopies shall be treated as wall signs.

"Sign, wall mounted." Wall mounted sign means a sign attached or erected parallel to and extending not more than eighteen inches from the facade or wall of any building to which it is attached and supported through its entire length, with the exposed face of the sign parallel to the plane of said wall or facade. A sign painted on the wall of a building or a sign painted or attached to a marquee shall be considered a wall mounted sign.

"Sign, window." Window sign means a sign painted on, affixed to or otherwise displayed within a window.

"Significant tree(s)." See "tree(s), significant."

"Single-family detached" means a residential use consisting of a single detached building containing one dwelling unit and located on a lot containing no other principal dwelling units.

"Site" means the portion of a piece of property which is directly subject to development.

"Slope" means the degree of deviation of a surface from the horizontal; measured as a numerical ratio, percent, or in degrees. Expressed as a ratio, the first number is the horizontal distance (run) and the second is the vertical distance (rise), as two is to one. A two is to one slope is a fifty percent slope. Expressed in degrees, the slope is the angle from the horizontal plane, with a ninety degree slope being vertical (maximum) and forty-five degree being a one is to one or one hundred percent slope.

"Small parcel erosion and sediment control plan," or "small parcel ESC plan" means a plan for small sites to implement temporary BMPs to control pollution generated during the construction phase only, primarily erosion and sediment.

"Soil" means the unconsolidated mineral and organic material on the immediate surface of the earth that serves as a natural medium for the growth of land plants.

"Source control BMP" means a BMP that is intended to prevent pollutants from entering stormwater. A few examples of source control BMPs are: erosion control practices, maintenance of stormwater facilities, constructing roofs over storage and working areas, and directing wash water and similar discharges to the sanitary sewer or a dead-end sump.

"Special events" means circuses, fairs, carnivals, festivals, or other types of special events held on private property that: (1) run for longer than one day but not longer than two weeks; (2) are intended to or likely to attract substantial crowds; and (3) are unlike the customary or usual activities generally associated with the property where the special event is to be located.

"Special use permit" means a permit issued by the city planner that authorizes the recipient to make use of property in accordance with the requirements of this title as well as any additional requirements imposed by the city planner.

"Standard record of survey" means a record of survey form in accordance with RCW 58.09.

"Start of construction" means and includes substantial improvement, and means the date the building permit was issued provided the actual start of construction, repair, reconstruction, placement or other improvement was within one hundred eighty days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.

"State or regionally sponsored essential public facility" means any essential public facility that is proposed, operated, owned or otherwise sponsored by a state agency, a county, or another regional entity.

"State or regional transportation facilities." Defined by RCW 47.06.140.

"Stormwater" means that portion of precipitation that does not naturally percolate into the ground or evaporate, but flows via overland flow, interflow, channels or pipes into a defined surface water channel, or a constructed infiltration facility.

"Stormwater drainage system" means constructed and natural features which function together as a system to collect, convey, channel, hold, inhibit, retain, detain, infiltrate, divert, treat or filter stormwater.

"Stormwater facility" means a constructed component of a stormwater drainage system, designed or constructed to perform a particular function, or multiple functions. Stormwater facilities include, but are not limited to, pipes, scales, ditches, culverts, street gutters, detention basins, retention basins, constructed wetlands, infiltration devices, catchbasins, oil/water separators, sediment basins and modular pavement.

"Stormwater site plan" means a plan which includes an erosion and sediment control (ESC) plan and a permanent stormwater quality control plan (PSQCP). For small sites, this plan is the equivalent of a small parcel erosion and sediment control plan.

"Street" means a public way open to public use, including an avenue, place, drive, boulevard, parkway, highway, roadway, or any similar way, except an alley. It also means a public street or a street with respect to which an offer of dedication has been made.

"Street, arterial." Arterial street means a major street in the city's street system that serves as an avenue for the circulation of traffic onto, out, or around the city and carries high volumes of traffic.

"Street, collector." Collector street means a street whose principal function is to carry traffic between minor, local, and subcollector streets and arterial streets but that may also provide direct access to abutting properties. It serves or is designed to serve, directly or indirectly, more than two hundred dwelling units and is designed to be used or is used to carry more than one thousand six hundred trips per day.

"Street, cul-de-sac." Cul-de-sac street means a street that terminates in a vehicular turnaround.

"Street, local." Local street means a street whose sole function is to provide access to abutting properties. It serves or is designed to serve at least fifteen but not more than seventy-five dwelling units and is expected to or does handle up to six hundred trips per day.

"Street, marginal access." Marginal access street means a street that is parallel to and adjacent to an arterial street and that is designed to provide access to abutting properties so that these properties are somewhat sheltered from the effects of the through traffic on the arterial street and so that the flow of traffic on the arterial street is not impeded by direct driveway access from a large number of abutting properties.

"Street, minor." Minor street means a street whose sole function is to provide access to abutting properties. It serves or is designed to serve not more than fifteen dwelling units and is expected to or does handle up to one hundred twenty-five trips per day.

"Street, sub-collector." Sub-collector street means a street whose principal function is to provide access to abutting properties but is also designed to be used or is used to connect minor and local streets with collector or arterial streets. Including residences indirectly served through connecting streets, it serves or is designed to serve at least fifty but not more than two hundred dwelling units and is expected to or does handle between four hundred and one thousand trips per day.

"Structure" means anything constructed or erected. For floodplain management purposes, a walled and roofed building, including a gas or liquid storage tank, that is principally above ground, as well as a manufactured home.

"Subdivision" means the division or redivision of land into lots, tracts, parcels, sites, or divisions for the purpose of sale, lease, or transfer of ownership; but the following shall not be included within this definition nor be subject to the regulations of this title applicable strictly to subdivisions: the public acquisition by purchase or dedication of strips of land for widening or opening streets.

"Subdivision, short." Short subdivision means the division or redivision of land into four or fewer lots, tracts, parcels, sites, or divisions for the purpose of sale, lease, or transfer of ownership.

"Substantial damage," for floodplain management purposes, means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed fifty percent of the market value of the structure before the damage occurred.

"Substantial improvement" means any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds fifty percent of the market value of the structure either:

1.

Before the improvement or repair is started; or

2.

If the structure has been damaged and is being restored, before the damage occurred. For the purposes of this definition substantial improvement is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include either:

A.

Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions; or

B.

Any alteration of a structure listed on the National Register of Historic Places or a State Inventory of Historic Places.

-T-

"Temporary emergency, construction, or repair residence" means a residence (which may be a mobile home) that is: (1) located on the same lot as a residence made uninhabitable by fire, flood, or other natural disaster and occupied by the persons displaced by such disaster, or (2) located on the same lot as a residence that is under construction or undergoing substantial repairs or reconstruction and occupied by the persons intending to live in such permanent residence when the work is completed, or (3) located on a nonresidential construction site and occupied by persons having construction or security responsibilities over such construction site.

"Temporary retail stands" means a temporary retail sales establishment that is limited to the display and sales of produce, handicrafts, flowers, or other products.

"Temporary sign." See "sign, temporary."

"Toe of slope" means a point or line of slope in an excavation or cut where the lower surface changes to horizontal or meets the exiting ground slope.

"Top of slope" means a point or line on the upper surface of a slope where it changes to horizontal or meets the original surface.

"Tower" See CMC 15.98.020 "Support structure" and "Transmission tower".

"Townhouse" means a single-family dwelling attached in a row of at least two dwelling units. Each unit has its own and front and rear access to the outside, no unit is located completely over another unit, and each unit is separated from any other unit by one or more vertical, wholly opaque, common fire-resistant wall(s) having no doors or windows.

"Tract" means a lot (see definition in this section). The term tract is used interchangeably with the term lot, particularly in the context of subdivisions, where one tract is subdivided into several lots.

"Transient accommodations" means a building, structure or group of buildings in which lodging or lodging and meals are provided for transient guests for compensation, including cabins, resorts, hotels, motels, hostels, bed and breakfasts, short term rentals, and campgrounds. For the purposes of this title, "transient" will be defined as being not more than 30 consecutive days' duration.

"Transportation service" means facilities providing commercial ground transportation services such as charters, shuttle services, sightseeing and tours, paratransit, and taxi dispatch.

"Travel trailer" means a structure that: (1) is intended to be transported over the streets and highways (either as a motor vehicle or attached to or hauled by a motor vehicle), and (2) is designed for temporary use as sleeping quarters but that does not satisfy one or more of the definitional criteria of a mobile home.

"Treatment BMP" means a BMP that is intended to remove pollutants from stormwater. A few examples of treatment BMPs are detention ponds, oil/water separators, biofiltration scales and constructed wetlands.

"Tree" means a self-supporting woody plant characterized by one main trunk or, for certain species, multiple trunks, that is recognized as a tree in the nursery and arboricultural industries.

"Tree(s), significant." Significant tree(s) means any viable tree six inches or greater caliper measured at d.b.h. (diameter breast height, four and one-half feet from the ground), except that trees of any size of the following species shall not be considered significant:

Black Locust (Robinia pseudoacacia)
Black cottonwood (Populous trichocarpa)
Cottonwood (Populous freemontii)
Native alder (Native Alnus only)
Native willow (Native Salix only)
Lombardy poplar (Populous nigra)

"Tree, viable" means a significant tree that a certified arborist has determined to be in good health, with a low risk of failure due to structural defects, is relatively windfirm if isolated or exposed, and is a species that is suitable for its location.

-U-

"Unstable slopes" means those sloping areas of land which have in the past exhibited, are currently exhibiting, or will likely in the future exhibit, mass movement of earth.

"Urban growth area" means that portion of the city's planning jurisdiction that lies outside the corporate limits of the city and within the urban growth boundary.

"Use" means the activity or function that actually takes place or is intended to take place on a lot.

"Use, principal." Principal use means a use listed in the table of permissible uses.

"Utility facilities" means any above ground structures or facilities (other than buildings, unless such buildings are used as storage incidental to the operation of such structures or facilities) owned by a governmental entity, a nonprofit organization, a corporation, or any entity defined as a public utility for any purpose by RCW 80.04.015 and used in connection with the production, generation, transmission, delivery, collection, or storage of water, sewage, electricity, gas, oil, or electronic signals. Excepted from this definition are utility lines and supporting structures listed in subsection 151(2).

"Utility facilities, regional." Regional utility facilities means all utility facilities other than neighborhood utility facilities. Such facilities typically have on-site personnel.

"Utility facilities, neighborhood." Neighborhood utility facilities means utility facilities that are designed to serve the immediately surrounding neighborhood and that must, for reasons associated with the purpose of the utility in question, be located above ground in or near the neighborhood where such facilities are proposed to be located. Such facilities have no personnel permanently stationed on-site.

-V-

"Variance" means a grant of permission by the city that authorizes the recipient to do that which, according to the strict letter of this title, he could not otherwise legally do.

"Vegetation" means all organic plant life growing on the surface of the earth.

"Vehicle accommodation area" means that portion of a lot that is used by vehicles for access, circulation, parking, and loading and unloading. It comprises the total of circulation areas, loading and unloading areas, and parking areas.

"Vehicle sales/rental" means the sales or rental of passenger vehicles, light and medium trucks, and other consumer motor vehicles such as motorcycles, boats, and recreational vehicles.

"Vehicular access easement or tract" means a privately owned right-of-way.

"Veterinary services" means any establishment used by veterinarians to provide medical and surgical treatment and care for household pets and domestic animals within a fully enclosed building that is soundproofed and mechanically ventilated. The term includes veterinary clinics and animal hospitals. The boarding and grooming of household pets and domestic animals may be incidental to such uses. This use may include associated ancillary outdoor space.

"Vintage" means an object of old, recognized and enduring interest, importance or quality.

-W-

"Water body" means surface waters including rivers, streams, lakes, marine waters, estuaries, and wetlands. "Water dependent structure" means a structure for commerce, industry, flood hazard reduction, or habitat enhancement which cannot exist in any other location and is dependent on the water by reason of the intrinsic nature of its operations.

"Watershed" means a geographic region within which water drains into a particular river, stream, or body of water as identified and numbered by the state of Washington Water Resource Inventory Areas (WRIAs) as defined in Chapter 173-500 WAC.

"Wetland" means as defined by RCW 36.70 or as hereafter amended, those areas that are inundated or saturated by ground or surface water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation 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 nonwetland sites, including, but not limited to 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 nonwetland areas to mitigate conversion of wetlands.

"Wholesale trade" means the on-premises sales of goods primarily to customers engaged in the business of reselling the goods, operating out of a warehouse or office with no outdoor operations or storage and little or no display of merchandise. In addition, neither the design nor the location of the premises is intended to solicit walk- in traffic.

"Wireless telecommunications facility." Defined by CMC 15.98.020.

"Wooded area" means an area of contiguous wooded vegetation where trees are at a density of at least one six-inch or greater caliper tree per three hundred twenty-five square feet of land and where the branches and leaves form a contiguous canopy.

-Y-

"Year-round driving surface" means a minimum of two inches of asphalt concrete pavement atop a properly prepared base and sub-base. The city engineer may require this standard to be increased depending on specific circumstances.

(Ord. 745 § 4, 2008; Ord. 729 § 3 (Exh. C), 2008; Ord. 712 § 3, 2007; Ord. 700 § 5 (Exh. E), 2006: Ord. 684 § 1, 2005; Ord. 681 § 3, 2005; Ord. 679 § 3, 2005; Ord. 670 § 3 (Exh. C), 2005: Ord. 634 § 2, 2001; Ord. 610 § 1 (Attach. A) (part), 2000: Ord. 592 § 85, 1999)

(Ord. No. 782, § 3(Exh. B), 7-20-2010; Ord. No. 788, § 4, 12-7-2010; Ord. No. 854, § 2, 12-2-2014; Ord. No. 863, § 3, 8-4-2015; Ord. No. 866, § 3(Exh.B), 8-4-2015; Ord. No. 889, § 3, 8-15-2017; Ord. No. 890, § 4, 10-17-2017; Ord. No. 908, § 2, 10-16-2018; Ord. No. 909, § 2(Exh. A), 10-16-2018; Ord. No. 930, § 2(Exh. A), 8-4-2020; Ord. No. 956, § 2(Exh. A), 6-21-2022; Ord. No. 970, § 1, 5-3-2023; Ord. No. 998, § 1(Exh. A), 9-24-2024; Ord. No. 24-999, § 2, 11-5-2024; Ord. No. 25-1006, § 1(Att. A), 1-22-2025; Ord. No. 25-1012, § 1, 5-6-2025)

A.

Whenever a single lot one acre or less in size is located within two or more different zoning districts, the district regulations applicable to the district within which the larger portion of the lot lies shall apply to the entire lot.

B.

Whenever a single lot greater than one acre in size is located within two or more different zoning districts, each portion of that lot shall be subject to all the regulations applicable to the district in which it is located.

(Ord. 610 § 1 (Attach. A) (part), 2000)

For the purposes of local project permit review as prescribed in Chapters 15.09 through 15.11, the definitions contained in Section 15.08.010 shall generally apply, provided that in addition to such terms, the following terms shall have the assigned meaning:

"Closed record appeal" means an administrative appeal on the record before the city council, following an open record hearing on a project permit application. Such appeals are conducted on the record created at the open record hearing with no or limited new evidence or information allowed to be submitted and only appeal argument allowed.

"Closed record hearing" means a hearing conducted before the city council following an open record predecision hearing on a project permit application. Such appeals are conducted on the record created at the open record hearing with no or limited new evidence or information allowed to be submitted.

"Local project review" means the procedures established by the city council for the review, evaluation, decision-making, and administrative appeal of applications for project permits.

"Open record appeal hearing" means an administrative appeal conducted as an open record hearing before the body or officer with jurisdiction to conduct such appeal.

"Open record hearing" means a hearing, conducted by a single hearing body or officer authorized by the city council to conduct such hearings, that creates the city's record through testimony and submission of evidence and information, under procedures prescribed by the city council by ordinance or resolution. An open record hearing may be held prior to the city council's decision on a project permit to be known as an "open record predecision hearing." An open record hearing may be held on an appeal, to be known as an "open record appeal hearing," if no open record predecision hearing has been held on the project permit.

"Open record predecision hearing" means an open record hearing held prior to the city council's final decision on a project permit application.

"Party of record" means all persons who have submitted written comments in response to a notice of application; made oral comments in a formal public hearing conducted on the application; or notified local government of their desire to receive a copy of the final decision on a permit; and who have provided an address for delivery of such notice by mail. "Person" means an individual, partnership, corporation, association, public or private organization, or governmental entity or agency.

"Project permit" or "project permit application" means any land use or environmental permit or license required from the city for a project action, including but not limited to building permits, subdivision, binding site plans, planned unit developments, conditional uses, shoreline substantial development permits, site plan review, permits or approvals required by critical area ordinances, site-specific rezones authorized by a comprehensive plan or subarea plan, but excluding the adoption or amendment of a comprehensive plan, subarea plan, or development regulations except as otherwise specifically included in this subsection.

"Public meeting" means an informal meeting, hearing, workshop, or other public gathering of people to obtain comments from the public or other agencies on a proposed project permit prior to the city's final decision on the project permit. A public meeting may include, but is not limited to, a design review or architectural control board meeting, a special review district or community council meeting, or a scooping meeting on a draft environmental impact statement. A public meeting does not include an open record hearing. The proceedings at a public meeting may be recorded and a report or recommendation may be included in the local government's project permit application file.

"SEPA" means the State Environmental Policy Act as codified in Title 43.21C RCW and further as implemented by Chapter 197-11 WAC "SEPA Rules" and Chapter 14.04 of this code "Local SEPA Procedures."

(Ord. 609 § 1 (Exh. A) (part), 2000)