(1) This chapter defines technical and procedural terms used in the code unless listed in the specific chapter. Words or phrases have the meaning set forth in this chapter unless the context indicates otherwise.

(2) Rules on the interpretation of the code and definitions are in Chapter 18.10 CMC.

(3) This chapter’s definitions apply to land uses listed in tables in Chapter 18.25 CMC and Chapter 18.31 CMC. The definitions in this chapter supplement the Standard Industrial Classification Manual (SIC).

(4) In instances where a definition refers to a State RCW or WAC definition, the definition stipulated by the State RCW or WAC holds precedence, as amended. (Ord. 15-24 § 2 (Exh. A); Ord. 08-21 § 4 (Exh. C); Ord. 05-15 § 1 (Exh. A); Ord. 42-02 § 2 (21A.06.005))

“Abandoned vehicle” means any vehicle left upon the property of another without the consent of the owner of such property for a period of 24 hours or longer, except that a vehicle shall not be considered abandoned if its owner or operator is unable to remove it from the place where it is located and so notifies law enforcement officials and requests assistance.

“Accessory dwelling unit” or “ADU” means a dwelling unit located on the same lot as a single-family housing unit, duplex, triplex, townhome, or other housing unit.

“Accessory dwelling unit, attached” means an accessory dwelling unit located within or attached to a single-family housing unit, duplex, triplex, townhome, or other housing unit.

“Accessory dwelling unit, detached” means an accessory dwelling unit that consists partly or entirely of a building that is separate and detached from a single-family housing unit, duplex, triplex, townhome, or other housing unit and is on the same property.

“Accessory living quarters” means living quarters in an accessory building for the use of the occupant or persons employed on the premises, or for temporary use of guests of the occupant. Such quarters have no kitchen and are not otherwise used as a separate dwelling unit.

“Accessory use, commercial/industrial” means:

“Accessory use, residential” means:

“Accessory use, resource” means:

“Active recreation space” means recreation space that recognizes a higher level of public use than passive recreation space, and that will be developed for organized or intense recreation. “Active recreation space” includes both the active recreation uses and all necessary support services and facilities.

“Adjustment factor” means a factor that, when applied to the reference evapotranspiration, adjusts for plant factors and irrigation efficiently.

“Administrative design review” means a development permit process whereby an application is reviewed, approved, or denied by the Community Development Director based solely on objective design and development standards without a public pre-decision hearing, unless such review is otherwise required by State or Federal law, or the structure is a designated landmark or historic district established under a local preservation ordinance.

“Adult entertainment business” means an adult club, adult arcade or adult theater as those terms are defined in the adult entertainment licensing provisions in CMC Title 5.

“Affordable housing” is defined by RCW 43.185B.010 as it currently exists or is amended in the future.

“Agricultural drainage” means any stream, ditch, tile system, pipe or culvert primarily used to drain fields for horticultural or livestock activities.

“Agricultural product sales” means the retail sale of items resulting from the practice of agriculture, including crops such as fruits, vegetables, grains, seed, feed, and plants, or animal products such as eggs, milk, and meat.

“Agriculture training facility” means an establishment developed for use by the property owner, its employees, and/or agricultural trainees for training activities which are related to or supportive of the agricultural use of the property and surrounding agricultural activities. Agriculture training facilities may include overnight lodging, meeting rooms, and educational activities.

“Airport/heliport” means any runway, landing area or other facility, excluding facilities for the primary use of the individual property owner which are classified as helistops, designed or used by public carriers or private aircraft for the landing and taking off of aircraft, including the following associated facilities:

“AKART” means all known, available, and reasonable methods of prevention, control and treatment. AKART represents the most current methodology that can be reasonably required for preventing, controlling, or abating the pollutants associated with a discharge. The concept of AKART applies to both point and nonpoint sources of pollution.

“All lots zoned predominantly for residential use” means all zoning districts in which residential dwellings are the predominant use. This excludes lands zoned primarily for commercial, industrial, and/or public uses, even if those zones allow for the development of detached single-family residences. This also excludes lands zoned primarily for mixed uses, even if those zones allow for the development of detached single-family residences, if the zones permit by-right multifamily use and a variety of commercial uses, including but not limited to retail, services, eating and drinking establishments, entertainment, recreation, and office uses.

“Alley” means an improved thoroughfare or right-of-way, whether public or private, usually narrower than a street, that provides vehicular access to an interior boundary of one or more lots, and is not designed for general traffic circulation.

“Alteration” means any human activity that results or is likely to result in an impact upon the existing condition of a critical area or its buffer. “Alteration” includes, but is not limited to, grading, filling, dredging, channelizing, applying herbicides or pesticides or any hazardous substance, discharging pollutants except stormwater, grazing domestic animals, paving, constructing, applying gravel, modifying topography for surface water management purposes, cutting, pruning, topping, trimming, relocating or removing vegetation or any other human activity that results or is likely to result in an impact to existing vegetation, hydrology, fish or wildlife or their habitats. “Alteration” does not include passive recreation such as walking, fishing or any other similar activities.

“Alternative water sources” means stored rainwater, or treated or recycled wastewater of a quality suitable for uses such as landscape irrigation. Such water is not considered potable.

“Amenity area” means the portion of the street right-of-way between the curb and the clear walk zone of the sidewalk where trees, lighting, and street furnishings are often located.

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

“Ancillary wireless communication facilities” means any facilities, component, part, equipment, mounting hardware, feed lines, or appurtenance associated with, attached to, or a part of a tower, pole, antenna, ancillary structures, equipment enclosures, or facilities equipment compound, and located within, above, or below the facilities equipment compound. Also includes any form of development associated with a wireless communications facility, including but not limited to foundations, concrete slabs on grade, guy anchors and transmission cable supports.

“Animal care” means any indoor commercial facility where pet animals are groomed, trained, boarded (including pet day care), or provided medical treatment (such as veterinary clinics and animal hospitals). The use does not include kennels or adoption shelters. Retail sales may be incidental and the use may include ancillary outdoor space.

“Animal, domestic” means any animal other than livestock that lives and breeds in a tame condition including, but not limited to: dogs, cats, small birds, hares, rabbits, hamsters, guinea pigs, nonvenomous reptiles and amphibians, and other animals normally associated with a dwelling unit which are kept as household pets.

“Animal unit” means one equine or bovine, two ponies, or five small livestock.

“Antenna(s)” means an apparatus designed for the purpose of emitting radio frequency (RF) radiation, to be operated or operating from a fixed location pursuant to FCC authorization, for the provision of personal wireless service and any commingled information services. For purposes of this definition, the term “antenna” does not include an unintentional radiator, mobile station, or device authorized under 47 CFR Part 15.

“Antenna(s) array” means one or more antennas and their associated ancillary facilities that share a common attachment device, such as a mounting frame or mounting support.

“Antennas, flush-mounted” are antennas or antenna array attached directly to the face of the tower, pole, or building, such that no portion of the antenna extends above the height of the tower, pole, or building. Where a maximum flush mounting distance is given, that distance shall be measured from the outside edge of the support structure or building to the inside edge of the antenna.

“Applicant” means a property owner, a public agency or a public or private utility that owns a right-of-way or other easement or has been adjudicated the right to such an easement under RCW 8.08.040, or any person or entity designated or named in writing by the property or easement owner to be the applicant, in an application for a development proposal, permit or approval.

“Application rate” means the depth of water applied to an area expressed in inches per hour.

“Aquatic area” means any nonwetland water feature including all shorelines of the State, rivers, streams, marine waters, inland bodies of open water including lakes and ponds, reservoirs and conveyance systems and impoundments of these features if any portion of the feature is formed from a stream or wetland and if any stream or wetland contributing flows is not created solely as a consequence of stormwater pond construction. “Aquatic area” does not include water features that are entirely artificially collected or conveyed storm or wastewater systems or entirely artificial channels, ponds, pools or other similar constructed water features.

“Articulation” means the giving of emphasis to architectural elements (like windows, balconies, entries, etc.) that create a complementary pattern or rhythm, dividing large buildings into smaller identifiable pieces. See CMC 18.31.530 for the key articulation provisions that apply to downtown.

“Articulation interval” means the measure of articulation, the distance before architectural elements repeat. See CMC 18.31.530 for articulation interval provisions that apply to downtown.

“Artisan manufacturing” means the production of goods by the use of hand tools or small-scale, light mechanical equipment occurring within a fully enclosed building where such production requires no outdoor operations or storage, and where the production, operations, and storage of materials related to production occupy a limited floor area. Typical uses have negligible negative impact on surrounding properties and include, 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.

“Artist studio” means an establishment providing a place solely for the practice or rehearsal of various performing or creative arts including, but not limited to, acting, dancing, singing, drawing, painting and sculpting.

“Asphalt plant” means any facility involved in the manufacturing and/or distribution of asphalt concrete and similar products.

“Auction house” means an establishment where the property of others is sold by a broker or auctioneer to persons who attend scheduled sales periods or events.

“Automotive services” means any land or facility used for the repair and maintenance of automobiles, motorcycles, trucks, trailers, or similar vehicles including but not limited to body, fender, muffler, or upholstery work, oil change and lubrication, painting, tire service and sales, and excluding dismantling or salvage. (Ord. 04-25 § 2 (Exh. A); Ord. 15-24 § 2 (Exh. A); Ord. 08-21 § 4 (Exh. C); Ord. 09-19 § 8; Ord. 03-19 § 4; Ord. 06-17 § 5 (Exh. C); Ord. 05-15 § 1 (Exh. A); Ord. 09-12 § 2 (Exh. B); Ord. 19-11 § 1 (Exh. 1); Ord. 10-10 § 3 (Exh. C); Ord. 14-05 §§ 2, 3; Ord. 42-02 §§§ 2 (21A.06.007, 21A.06.01, 21A.06.015, 21A.06.020, 21A.06.025, 21A.06.026, 21A.06.027, 21A.06.035, 21A.06.040, 21A.06.042, 21A.06.050, 21A.06.055, 21A.06.057, 21A.06.060, 21A.06.065, 21A.06.067, 21A.06.070, 21A.06.072, 21A.06.073, 21A.06.075). Formerly 18.20.007 – 18.20.075)

“Bank stabilization” means an action taken to minimize or avoid the erosion of materials from the banks of rivers and streams.

“Base flood” means a flood having a one percent chance of being equaled or exceeded in any given year, often referred to as the “100-year flood.”

“Base flood elevation” means the water surface elevation of the base flood in relation to the National Geodetic Vertical Datum of 1929.

“Basement” means, for purposes of development proposals in a flood hazard area, any area of a building where the floor subgrade is below ground level on all sides.

“Basin plan” means a plan and all implementing regulations and procedures including, but not limited to, capital projects, public education activities and land use management regulations adopted by ordinance for managing surface and stormwater within the basin.

“Battery charging station” means an electrical component assembly or cluster of component assemblies designed specifically to charge batteries within electric 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.

“Battery exchange station” means a fully automated facility that will enable an electric vehicle with a swappable battery to enter a drive lane and exchange the depleted battery with a fully charged battery through a fully automated process, which meets or exceeds any standards, codes, and regulations set forth by Chapter 19.27 RCW and consistent with rules adopted under RCW 19.27.540.

“Bed and breakfast guesthouse” means a dwelling unit or accessory building within which bedrooms are available for paying guests.

“Belt course” means a molding or projecting course running horizontally along the face of a building. A course may be comprised of stone, tile, brick, or other material.

“Berm” means a linear mound or series of mounds of sand and/or gravel generally paralleling the water at or landward of the line of ordinary high tide. Also, a linear mound used to screen an adjacent site, activity, or operation, such as a parking lot, from transmitting excess noise and glare.

“Best management practice” means a schedule of activities, prohibitions of practices, physical structures, maintenance procedures and other management practices undertaken to reduce pollution or to provide habitat protection or maintenance.

“Billboard” means a sign, including both the supporting structural framework and attached billboard faces, used principally for advertising a business activity, use, product, or service unrelated to the primary use or activity of the property on which the billboard is located, excluding off-premises directional or temporary real estate signs.

“Bioengineering” means the use of vegetation and other natural materials such as soil, wood and rock to stabilize soil, typically against slides and stream flow erosion. When natural materials alone do not possess the needed strength to resist hydraulic and gravitational forces, “bioengineering” may consist of the use of natural materials integrated with human-made fabrics and connecting materials to create a complex matrix that joins with in-place native materials to provide erosion control.

Biologist, Qualified. “Qualified biologist” means a person with training and experience in the scientific discipline, and who is a qualified scientific expert with expertise in streams, wetlands or lakes subject matter in accordance with WAC 365-195-905(4). A qualified professional must have obtained a bachelor of science degree in the biological sciences from an accredited college or university or who has equivalent educational training and professional experience related to the subject of habitat or species. A “qualified professional for wetlands” must be a professional wetland scientist with at least two years of full-time work experience as a wetlands professional, including delineating wetlands using the Federal manual and supplements, preparing wetlands reports, conducting function assessments, and developing and implementing mitigation plans.

“Blank wall” means as described in CMC 18.31.560.

“Bog” means a low-nutrient, acidic wetland with organic soils and characteristic bog plants, as described in Washington State Wetland Rating System for Western Washington: 2014 Update (Washington State Department of Ecology Publication No. 14-06-29, Olympia, WA, October 2014 or as subsequently amended).

“Book, stationery, video and art supply store” means an establishment engaged in the retail sale of books and magazines, stationery, records and tapes, video and art supplies and is classified as a retail trade and service.

“Broadleaf tree” means a tree characterized by leaves that are broad in width and may include both deciduous and evergreen species.

“Buffer” means a designated area contiguous to a steep slope or landslide hazard area intended to protect slope stability, attenuation of surface water flows and landslide hazards, or a designated area contiguous to and intended to protect and be an integral part of an aquatic area or wetland.

“Buffer and transition zone” means an area provided to reduce impacts between two different land uses in the downtown zones. Buffer and transition zones are intended to mitigate undesirable views, noises or glare. They include but are not limited to plant materials, walls, fences and/or significant land area to separate uses.

“Building” means any structure having a roof.

“Building envelope” means area of a lot that delineates the limits of where a building may be placed on the lot.

“Building, hardware and garden materials store” means an establishment engaged in selling lumber and other building materials, feed, or lawn and garden supplies including, but not limited to, uses located in SIC Major Group No. 52 – Building materials, hardware, garden supply, excluding mobile home dealers.

“Building height” means the vertical distance from the average finished grade to the highest point of the coping of a flat roof or to the deck line of a mansard roof or to the average height of the highest gable of a pitch or hip roof as depicted in the first diagram below. The average finished grade shall be determined by first delineating the smallest square or rectangle that can enclose the building and then averaging the elevations taken at the midpoint of each side of the square or rectangle as depicted in the second diagram below; provided, that the measured elevations do not include berms. See CMC 18.30.210 for exceptions to building height limits.

“Bulk gas storage tanks” means a tank from which illuminating, heating, or liquefied gas is distributed by piping directly to individual users.

“Bulk retail” means an establishment offering the sale of bulk goods to the general public, including limited sales to wholesale customers. These establishments offer a variety of lines of merchandise including but not limited to: food, building, hardware and garden materials, dry goods, apparel and accessories, home furnishings, housewares, drugs, auto supplies, hobby, toys, games, photographic, and electronics.

“Business services” means goods and services provided by specialized firms to other firms, including, but not limited to, accounting, billing, design, maintenance, printing, supply and delivery, temporary personnel, etc. (Ord. 08-21 § 4 (Exh. C); Ord. 09-19 § 8; Ord. 06-17 § 5 (Exh. C); Ord. 26-16 § 12; Ord. 05-15; Ord. 08-13 § 3 (Exh. A); Ord. 19-11 § 1 (Exh. 1); Ord. 10-10 § 3 (Exh. C); Ord. 14-05 §§ 2, 3; Ord. 42-02 §§ 2 (21A.06.090, 21A.06.095, 21A.06.097, 21A.06.100, 21A.06.110, 21A.06.115, 21A.06.120, 21A.06.122, 21A.06.125, 21A.06.135, 21A.06.140, 21A.06.145, 21A.06.150, 21A.06.155). Formerly 18.20.077 – 18.20.157)

“Campground” means an area of land developed for recreational use in temporary occupancy, such as: tents or recreational vehicles without hook-up facilities.

“Canopy” means an architectural projection that provides weather protection, identity or decoration and is supported by the building to which it is attached. A canopy is comprised of a rigid structure over which a rigid covering is attached.

“Car-sharing provider” means a membership-based, licensed, and insured business that offers use of motor vehicles 24 hours a day and seven days a week to members who reserve vehicles in advance, and that charges members for their use by time and/or miles.

“Car wash” means an automotive service facility with self-propelled car washing equipment or where self-service washing is done by the customer.

“Capacity, school” means the number of students a school district’s facilities can accommodate district-wide, based on the district’s standard of service, as determined by the school district.

“Capital facilities, parks and recreation” means the facilities or improvements included in the most recent capital facilities plan element of a comprehensive plan adopted pursuant to Chapter 36.70A RCW, and such plan as subsequently amended and adopted by the City Council. Park and recreation facilities include those identified in the following documents, as amended:

“Capital facilities plan, school” means a district’s facilities plan adopted by the Kent School District school board.

“Capital facilities plan, transportation” means the transportation capital facilities plan adopted by the City of Covington’s comprehensive plan.

“Catastrophic collapse” means the collapse of the ground surface by overburden caving into underground voids created by mining. “Catastrophic collapse” does not include the effects from trough subsidence.

“Cattery” means a place where adult cats are temporarily boarded for compensation, whether or not for training. An adult cat is of either sex, altered or unaltered, that has reached the age of six months.

“Cemetery, columbarium or mausoleum” means land or structures used for interment of the dead or their remains. For purposes of the code, pet cemeteries are considered a subclassification of this use.

“Channel” means a feature that contains and was formed by periodically or continuously flowing water confined by banks.

“Channel edge” means the outer edge of the water’s bankfull width or, where applicable, the outer edge of the associated channel migration zone.

“Channel relocation and stream meander areas” means those areas subject to risk due to stream bank destabilization, rapid stream incision, stream bank erosion, and shifts in the location of stream channels.

“Channel migration zone” means those areas within the lateral extent of likely stream channel movement that are subject to risk due to stream bank destabilization, rapid stream incision, stream bank erosion and shifts in the location of stream channels, as shown on Covington’s channel migration zone maps. “Channel migration zone” means the corridor that includes the present channel, the severe channel migration hazard area and the moderate channel migration hazard area. “Channel migration zone” does not include areas that lie behind an arterial road, a public road serving as a sole access route, a State or Federal highway or a railroad. “Channel migration zone” may exclude areas that lie behind a lawfully established flood protection facility that is likely to be maintained by existing programs for public maintenance consistent with designation and classification criteria specified by public rule. When a natural geologic feature affects channel migration, the channel migration zone width will consider such natural constraints.

“Charging levels” means the standardized indicators of electrical force, or voltage, at which an electric vehicle’s battery is recharged. The terms 1, 2, and 3 are the most common EV charging levels, and include the following specifications:

“Classrooms, school” means educational facilities of the district required to house students for its basic educational program. The classrooms are those facilities the district determines are necessary to best serve its student population. Specialized facilities as identified by the district, including but not limited to gymnasiums, cafeterias, libraries, administrative offices, and childcare centers, shall not be counted as classrooms.

“Clearing” means the limbing, pruning, trimming, tipping, cutting, or removal of vegetation or other organic plant matter by physical, mechanical, chemical or other means. This includes, but is not limited to, root removal and/or topsoil removal.

“CMC” means Covington Municipal Code.

“Cogeneration” means the sequential generation of energy and useful heat from the same primary source or fuel for industrial, commercial, or residential heating or cooling purposes.

“Commercial recreation” means any recreational activity whose main purpose is to provide indoor or outdoor amusement or entertainment activities. This includes, but is not limited to, skating rinks, pool halls, water slides, miniature golf courses, arcades, bowling alleys, go-carts, batting cages, laser tag, skate park, basketball, ice/hockey rinks, etc.

Communication Facility, Major. “Major communication facility” means a communication facility for transmission and reception of:

Communication Facility, Minor. “Minor communication facility” means a communication facility for transmission and reception of:

“Community identification sign” means a sign identifying the location of a community or geographic area such as unincorporated activity centers or rural towns designated by the comprehensive plan or communities recognized and delineated by a recognized unincorporated area council.

“Community residential facility (CRF)” means living quarters meeting applicable Federal and State standards that function as a single housekeeping unit and provide supportive services, including but not limited to counseling, rehabilitation and medical supervision, excluding drug and alcohol detoxification which is classified in CMC 18.25.050 as health services. CRFs are further classified as follows:

If staffed by nonresident staff, each 24 staff hours per day equals one full-time residing staff member for purposes of subclassifying CRFs.

“Commuter parking” means vehicle parking specifically for the purpose of access to a public transit system or for users of carpools or vanpools.

“Compensatory storage” means new, excavated storage volume equivalent to any flood storage which is eliminated by building, filling or grading within the floodplain. For the purpose of this definition, equivalent flood storage capacity is that which is replaced by equal volume between corresponding one-foot contour intervals which are hydraulically connected to the floodway through their entire depth.

“Conditional use permit” means a permit granted by the City to locate a permitted use on a particular property subject to conditions placed on the permitted use to ensure compatibility with nearby land uses.

“Conference center” means an establishment developed primarily as a meeting facility, including only facilities for recreation, overnight lodging, and related activities provided for conference participants.

“Confinement area” is any open land area in which livestock are kept where the forage does not meet the definition of a grazing area.

“Consolidation” means the relocation to a consolidated transmission structure of the main transmit antennas of two or more FCC broadcast licensees which prior to such relocation utilized transmission structures located within a 1,500-foot radius of the center of the consolidated transmission structure to support their main transmit antennas.

“Construction and trades” means establishments that provide services related to construction of buildings and infrastructure, and other improvements to property. Such establishments include SIC Major Group Nos. 15 through 17 and SIC Industry Group No. 078 – Landscape and horticultural services.

“Construction cost per student, school” means the estimated cost of construction of a permanent school facility in the district for the grade span of school to be provided, as a function of the district’s facilities standard per grade span and taking into account the requirements of students with special needs.

“Conversion factor” means a number that converts the water budget allowance from acre-inches per acre per year to gallons per square foot per year or cubic feet per year.

“Cornice” means the molded and projecting horizontal member that crowns an architectural composition. See CMC 18.31.540 for related design standards.

“Cottage housing” means residential units on a lot with a common open space that either: (a) is owned in common; or (b) has units owned as condominium units with property owned in common and a minimum of 20 percent of the lot size as open space.

“Courtyard apartments” means attached dwelling units arranged on two or three sides of a yard or court.

“Craft sales” means the sale of art and craft items crafted by the artist or crafter with his or her own hands, and sold directly by the artist or crafter. Such items do not include commercial kits, molds, patterns, plans, prefabricated forms, or mass-produced items. Craft sales shall be accessory to farmers’ and public markets; provided, that the items are produced in the State of Washington.

“Critical aquifer recharge area” means an area with a critical recharging effect on aquifers used for potable water where an aquifer that is a source of drinking water is vulnerable or susceptible to contamination that would affect the potability of water. This includes:

Susceptibility to ground water contamination occurs where there is a combination of permeable soils, permeable subsurface geology, decreasing hydraulic head with depth.

“Critical area” means any area that is required to be protected under the Growth Management Act, Chapter 36.70A RCW. The City’s “critical areas” include the following areas and their required buffers pursuant to Chapter 18.65 CMC:

“Critical drainage area” means an area which has been formally determined by the City of Covington Surface Water Management Department to require more restrictive regulation than County-wide standards afford in order to mitigate severe flooding, drainage, erosion or sedimentation problems which result from the cumulative impacts of development and urbanization. (Ord. 04-25 § 3 (Exh. A); Ord. 08-21 § 4 (Exh. C); Ord. 02-20 § 2 (Att. A); Ord. 09-19 §§ 3, 8; Ord. 10-17 § 6 (Exh. D); Ord. 06-17 § 5 (Exh. C); Ord. 16-16 §§ 4, 5; Ord. 08-13 § 3 (Exh. A); Ord. 19-11 § 1 (Exh. 1); Ord. 10-10; Ord. 10-10 § 3 (Exh. C); Ord. 42-02 §§ 2 (21A.06.160, 21A.06.165, 21A.06.170, 21A.06.172, 21A.06.175, 21A.06.180, 21A.06.182, 21A.06.185, 21A.06.190, 21A.06.195, 21A.06.205, 21A.06.207, 21A.06.210, 21A.06.215, 21A.06.217, 21A.06.220, 21A.06.223, 21A.06.225, 21A.06.230, 21A.06.235, 21A.06.240, 21A.06.245, 21A.06.247, 21A.06.250, 21A.06.252, 21A.06.255, 21A.06.260). Formerly 18.20.160 – 18.20.260)

“Daily care” means medical procedures, monitoring and attention that are necessarily provided at the residence of the patient by the primary provider of daily care on a 24-hour basis.

“Day care” means an establishment for group care of nonresident adults or children.

“Deciduous” means a plant species with foliage that is shed annually.

“Density credit, transfer (TDC)” means the ability to transfer potentially buildable dwelling units from an eligible sending site to an eligible receiving site as provided in this code.

“Department” means the City of Covington Department of Community Development, Public Works or its successor agency.

“Department and variety store” means an establishment engaged in the retail sale of a variety of lines of merchandise, such as dry goods, apparel and accessories, home furnishings, housewares, including only uses located in SIC Major Group and Industry Nos.:

“Destination resort” means an establishment for resource-based recreation and intended to utilize outdoor recreational opportunities, including related services, such as food, overnight lodging, equipment rentals, entertainment and other conveniences for guests of the resort.

“Developer” or “applicant” means the person or entity who owns or holds purchase options or other development control over property for which development activity is proposed.

“Development” means any land use, activity, or project regulated by CMC Titles 14 through 18, including but not limited to building permits, subdivisions, binding site plans, rezones, conditional use permits, shoreline permits, short plats, or variances.

“Development activity” means any residential construction or expansion of a building, structure or use, any change in use of a building or structure, or any change in the use of land that creates additional demand on public infrastructure.

“Development agreement” means a recorded agreement between an applicant and City of Covington which incorporates the site plans, development standards, and/or other features of a development proposal.

“Development proposal” means any activities requiring a permit or other approval from the City of Covington relative to the use or development of land.

“Development proposal site” means the legal boundaries of the parcel or parcels of land for which an applicant has or should have applied for authority from City of Covington to carry out a development proposal.

“Development regulations” or “regulation” means the controls placed on development or land use activities by a county or city, including, but not limited to, zoning ordinances, critical areas ordinances, shoreline master programs, official controls, planned unit development ordinances, subdivision ordinances, and binding site plan ordinances together with any amendments thereto. A development regulation does not include a decision to approve a project permit application, as defined in RCW 36.70B.020, even though the decision may be expressed in a resolution or ordinance of the legislative body of the City.

“Direct traffic impact” means any increase in vehicle traffic generated by a proposed development, which results in additional daily vehicle trips on any roadway or intersection.

“Director” means the Director of City of Covington Department of Community Development, or his or her designee.

“Ditch” means an artificial open channel used or constructed for the purpose of conveying water.

“Dormer” means a structural element of a building that protrudes from the plane of a sloping roof surface. Dormers are used, either in original construction or as later additions, to create usable space in the roof of a building by adding headroom and usually also by enabling addition of windows.

“Dormitory” means a residential building that provides sleeping quarters, but not separate dwelling units, and may include common dining, cooking and recreation or bathing facilities.

“Drainage basin” means a drainage area that drains to the Green River or other drainage area that drains directly to Puget Sound.

“Drainage facility” means a feature, constructed or engineered for the primary purpose of providing drainage, that collects, conveys, stores or treats surface water. A drainage facility may include, but is not limited to, a stream, pipeline, channel, ditch, gutter, lake, wetland, closed depression, flow control or water quality treatment facility and erosion and sediment control facility.

“Drainage sub-basin” means a drainage area identified as a drainage sub-basin in a City-approved basin plan or, if not identified, a drainage area that drains to a body of water that is named and mapped and contained within a drainage basin.

“Drive-through” means any use that provides goods and services using a window or microphone while customers remain in their vehicle.

“Drop box facility” means a facility used for receiving solid waste and recyclables from off-site sources into detachable solid waste containers, including the adjacent areas necessary for entrance and exit roads, unloading and vehicle turnaround areas. Drop box facilities normally service the general public with loose loads and may also include containers for separated recyclables.

“Drug store” means an establishment engaged in the retail sale of prescription drugs, nonprescription medicines, cosmetics and related supplies, including only uses located in SIC Industry Group and Industry Nos.:

“Duplex” means a residential building with two attached dwelling units.

“Dwelling unit” means one or more rooms designed for occupancy by a single person, family, or unrelated persons living together for living and sleeping purposes, containing kitchen facilities, a restroom/bathing facility, and rooms with internal accessibility for use solely by the dwelling’s occupants; dwelling units include but are not limited to bachelor, efficiency and studio apartments, factory-built housing and mobile homes.

“Dwelling unit, single-family detached” means a detached building containing one dwelling unit. (Ord. 04-25 § 4 (Exh. A); Ord. 15-24 § 2 (Exh. A); Ord. 08-21 § 4 (Exh. C); Ord. 02-20 § 2 (Att. A); Ord. 06-17 § 5 (Exh. C); Ord. 26-16 §§ 13, 14; Ord. 10-10 § 3 (Exh. C); Amended at request of department 2/08; Ord. 14-05 §§ 2, 3; Ord. 42-02 §§ 2 (21A.06.262, 21A.06.265, 21A.06.270, 21A.06.275, 21A.06.280, 21A.06.285, 21A.06.290, 21A.06.295, 21A.06.300, 21A.06.305, 21A.06.310, 21A.06.315, 21A.06.320, 21A.06.325, 21A.06.330, 21A.06.335, 21A.06.340, 21A.06.345, 21A.06.350, 21A.06.355, 21A.06.365, 21A.06.370). Formerly 18.20.262 – 18.20.370)

“Earth station” means a communication facility which transmits and/or receives signals to and from an orbiting satellite using satellite dish antennas.

“Ecosystem” means the complex of a community of organisms and its environment functioning as an ecological unit.

“Effective radiated power” means the product of the antenna power input and the numerical antenna power gain.

“Electric vehicle” means any vehicle that operates, either partially or exclusively, on electrical energy from the grid, or an off-board source, that is stored on-board for motive purpose. “Electric vehicle” includes: (a) a battery electric vehicle; (b) a plug-in hybrid electric vehicle; (c) a neighborhood electric vehicle; and (d) a medium-speed electric vehicle.

“Electric vehicle charging station” means a public or private parking space that is served by battery charging station equipment that has as its primary purpose the transfer of electric energy (by conductive or inductive means) to a battery or other energy storage device in an electric vehicle. An electric vehicle charging station equipped with Level 1 or Level 2 charging equipment is permitted outright as an accessory use to any principal use.

“Electric vehicle infrastructure” means structures, machinery, and equipment necessary and integral to support an electric vehicle, including battery charging stations, rapid charging stations, and battery exchange stations.

“Electric vehicle parking facility” means a standalone use designed and intended for the exclusive parking and charging of electric vehicles. When privately operated, it is often, but not always, associated with a specific vehicle brand or models. The term does not include electric vehicle parking spaces required by this code.

“Electric vehicle parking space” means any marked parking space that identifies the use to be exclusively for the parking of an electric vehicle and which is installed with electric vehicle supply equipment (EVSE).

“Electric vehicle supply equipment (EVSE)” means the hardware installed specifically for the purpose of transferring energy between the premises wiring and an electric vehicle. The hardware includes conductors, electric vehicle connectors, attachment plugs, and all other fittings, devices, power outlets, or apparatus.

“Electrical substation” means a site containing equipment for the conversion of high voltage electrical power transported through transmission lines into lower voltages transported through distribution lines and suitable for individual users.

“Emergency” means an occurrence during which there is imminent danger to the public health, safety and welfare, or that poses an imminent risk of property damage or personal injury or death as a result of a natural or human-made catastrophe, as determined by the Director.

“Emergency care facility” means any facility providing 24-hour emergency medical care.

“Emergency housing” is defined by RCW 36.70A.030 as it currently exists or is amended in the future.

“Emergency shelter” is defined by RCW 36.70A.030 as it currently exists or is amended in the future.

“Energy resource recovery facility” means an establishment for recovery of energy in a usable form from mass burning or refuse-derived fuel incineration, pyrolysis or any other means of using the heat of combustion of solid waste.

“Engineer, civil, geotechnical and structural” means:

“Enhancement” means, for the purposes of critical area regulation, an action that improves the structure and functions of ecosystems and habitats associated with critical areas or their buffers. Enhancement results in a gain in some critical area function(s) but may also lead to a decline in other functions, but does not result in a gain in critical area extent.

“Equipment, heavy” means high-capacity mechanical devices for moving earth or other materials, and mobile power units including, but not limited to:

“Erosion” means the wearing away of the ground surface as the result of the movement of wind, water or ice.

“Erosion hazard area” means an area underlain by soils that is subject to severe erosion when disturbed, including areas likely to become unstable, such as bluffs, steep slopes, and areas with unconsolidated soils. The soils subject to severe erosion include, but are not limited to, those classified as having a severe to very severe erosion hazard according to the United States Department of Agriculture Natural Resources Conservation Service, the 1973 King County Soils Survey or any subsequent revisions or addition by or to these sources such as any occurrence of river wash (“Rh”) and any of the following when the soils occur on slopes inclined at 15 percent or more:

“Essential public facility” means a facility necessary to protect the public health, safety and welfare, including, but not limited to, a facility defined under the occupancy categories of “essential facilities,” “hazardous facilities,” “critical facilities” and “special occupancy structures” in the structural forces chapter or succeeding chapter in CMC Title 15. Critical facilities also include nursing and personal care facilities, schools, senior citizen assisted housing, public roadway bridges and sites that produce, use or store hazardous substances or hazardous waste, not including the temporary storage of consumer products containing hazardous substances or hazardous waste intended for household use or for retail sale on the site.

“Evergreen” means a plant species with foliage that persists and remains green year-round.

“Examiner” means the Hearing Examiner as established by Chapter 2.25 CMC.

“Expansion” means the act or process of increasing the size, quantity or scope.

“Extremely low-income household” is defined by RCW 36.70A.030 as it currently exists or is amended in the future. (Ord. 15-24 § 2 (Exh. A); Ord. 08-21 § 4 (Exh. C); Ord. 06-17 § 5 (Exh. C); Ord. 19-11 § 1 (Exh. 1); Ord. 10-10 § 3 (Exh. C); Ord. 14-05 §§ 2, 3; Ord. 42-02 §§ 2 (21A.06.375, 21A.06.380, 21A.06.390, 21A.06.392, 21A.06.395, 21A.06.400, 21A.06.405, 21A.06.410, 21A.06.415, 21A.06.420, 21A.06.425). Formerly 18.20.375 – 18.20.427)

“Fabric shop” means an establishment engaged in the retail sale of sewing supplies and accessories, including only uses located in SIC Industry Nos.:

“Facade” means the portion of any exterior elevation of the building extending from grade to the top of the parapet, wall or eaves and extending the entire length of the building.

“Facilities standard” means the space required by grade span, and taking into account the requirements of students with special needs, which is needed in order to fulfill the educational goals of the school district as identified in the district’s capital facilities plan.

“Factory-built commercial building” means any structure that is either entirely or substantially prefabricated or assembled at a place other than a building site; and designed or used for nonresidential human occupancy.

“Fairground” means a site permanently designated and improved for holding a County fair, as provided in Chapters 15.76 and 36.37 RCW, or for holding similar events, including, but not limited to:

“Family” means an individual; two or more persons living together as a single housekeeping unit; or a group living arrangement of two or more persons who receive supportive services such as counseling, foster care, or medical supervision at the dwelling unit by resident or nonresident staff.

“Farmers’ market” means a site where farmers sell locally grown, produced, caught, or gathered fruits, vegetables, herbs, nuts, honey, dairy products, eggs, poultry, mushrooms, meats, fish, flowers, nursery stock, and plants. One hundred percent of the items for sale under this definition must be grown, produced, caught, or gathered in the State of Washington. Up to 30 percent of a farmers’ market’s total number of vendor spaces may consist of resellers and/or accessory uses.

“Feasible” means capable of being done or accomplished.

“Federal Emergency Management Agency” means the independent Federal agency that, among other responsibilities, oversees the administration of the National Flood Insurance Program.

“Federal Emergency Management Agency (FEMA) floodway” means the channel of the stream and that portion of the adjoining floodplain that is necessary to contain and discharge the base flood flow without increasing the base flood elevation more than one foot.

“Feed store” means an establishment engaged in retail sale of supplies directly related to the day to day activities of agricultural production.

“Fen” means a wetland that receives some drainage from surrounding mineral soil and includes peat formed mainly from Carex and marsh-like vegetation.

“Fence” means a barrier for the purpose of enclosing space or separating lots, composed of:

“Financial guarantee” means a form of financial security posted to ensure timely and proper completion of improvements, to ensure compliance with the City of Covington Municipal Code, and/or to warranty materials, workmanship of improvements, and design. Financial guarantees include assignments of funds, cash deposit, and surety bonds, and/or other forms of financial security acceptable to the Director. For the purposes of this title, the terms “performance guarantee,” “maintenance guarantee,” and “defect guarantee” are considered subcategories of financial guarantee.

“Fire capital facilities and equipment plan” means the Puget Sound Regional Fire Authority’s (RFA’s) capital improvement plan adopted by the RFA’s governing board consisting of:

“Fire protection facilities” means fully equipped fire stations, administrative offices, training grounds and structures, maintenance facilities and other specialized facilities required for the RFA to locate, house or expedite the timely arrival of firefighting and emergency medical equipment necessary to deliver emergency response services within the RFA’s service area.

“Firewall” means a wall with fire-resistance rating and protected openings, which restricts the spread of fire and extends continuously from the foundation to or through the roof, with sufficient structural stability under fire conditions to allow collapse of construction on either side without collapse of the wall. Exterior firewalls are a type of blank wall subject to the design standards of CMC 18.31.560.

“Fish and wildlife habitat conservation areas” are areas that have been identified as critically important to maintaining specific types of fish, wildlife, and plant species in Covington. Areas necessary for maintaining species in suitable habitats within their natural geographic distribution so that isolated subpopulations are not created as designated by WAC 365-190-130(2) or defined as habitats and species of local importance in Chapter 18.65 CMC, Article VI.

“Fiveplex” means a residential building with five attached dwelling units.

Flood Fringe, Zero-Rise. “Zero-rise flood fringe” means that portion of the floodplain outside of the zero-rise floodway. The zero-rise flood fringe is generally associated with standing water rather than rapidly flowing water.

“Flood hazard area” means any area subject to inundation by the base flood or risk from channel migration including, but not limited to, an aquatic area, wetland or closed depression.

“Flood hazard boundary map” means the initial insurance map issued by FEMA that identifies, based on approximate analyses, the areas of the one percent annual chance, 100-year flood hazard within the community.

“Flood hazard data” means data or any combination of data available from Federal, State or other sources including, but not limited to, maps, critical area studies, reports, historical flood hazard information, channel migration zone maps or studies or other related engineering and technical data that identify floodplain boundaries, regulatory floodway boundaries, base flood elevations, or flood cross sections.

“Flood insurance rate map” means the insurance and floodplain management map produced by FEMA that identifies, based on detailed or approximate analysis, the areas subject to flooding during the base flood.

“Flood insurance study for Covington” means the official report provided by FEMA that includes flood profiles and the flood insurance rate map.

“Flood protection elevation” means an elevation that is one foot above the base flood elevation.

“Flood protection facility” means a structure that provides protection from flood damage. Flood protection facility includes, but is not limited to, the following structures and supporting infrastructure:

“Floodplain” means the total area subject to inundation by the base flood, synonymous with 100-year floodplain. The land area susceptible to being inundated by stream-derived waters with a one percent chance of being equaled or exceeded in any given year. The limits of this area are based on flood regulation ordinance maps or a reasonable method that meets the objectives of the SMA (WAC 173-22-030(2)).

Floodproofing, Dry. “Dry floodproofing” means adaptations that make a structure that is below the flood protection elevation watertight with walls substantially impermeable to the passage of water and with structural components capable of and with sufficient strength to resist hydrostatic and hydrodynamic loads including buoyancy.

Floodway, Zero-Rise. “Zero-rise floodway” means the channel of a stream and that portion of the adjoining floodplain that is necessary to contain and discharge the base flood flow without any measurable increase in base flood elevation.

“Floor” means the same thing as “story.”

“Floor area, gross” (GFA) means the floor area within the inside perimeter of the exterior walls of the building under consideration, exclusive of vent shafts and courts, without deduction for corridors, stairways, ramps, closets, the thickness of interior walls, columns, or other features. The floor area of a building, or portion thereof, not provided with surrounding exterior walls shall be the usable area under the horizontal projection of the roof or floor above.

“Floor area, net” (NFA) means the actual occupied floor area, not including unoccupied accessory areas such as corridors, stairways, ramps, toilet rooms, mechanical rooms, and closets. Shared residential storage areas and commercial and industrial storage/stock areas are considered occupied areas for the purpose of this definition.

“Florist shop” means an establishment engaged in the retail sale of flowers and plants, including only uses located in SIC Industry Nos.:

“Footprint” means the area encompassed by the foundation of a structure including building overhangs if the overhangs do not extend more than 18 inches beyond the foundation and excluding uncovered decks.

“Footprint, development” means the area encompassed by the foundations of all structures including paved and impervious surfaces.

“Forest practice” means any forest practice as defined in RCW 79.06.020.

“Forest practice, Class IV-G nonconversion” means a Class IV general forest practice, as defined in WAC 222-16-050, on a parcel for which there is a City-approved long-term forest management plan.

“Forest product sales” means the sale of goods produced, extracted, consumed, gathered or harvested from a forest including, but not limited to:

“Forest research” means the performance of scientific studies relating to botany, hydrology, silviculture, biology and other branches of science in relation to management of forest lands, including only uses located in SIC Industry Nos.:

“Fourplex” means a residential building with four attached dwelling units.

“Fowl” means domesticated Anseriformes (such as ducks, geese, swans, and similar) and Galliformes (such as chickens, turkeys, pheasants, and similar) which are legally held in captivity.

“Fully accessible” means a building, structure or facility (public or private) that is in compliance with the Federal provisions of the Americans with Disabilities Act, including the supplemental Accessibility Guidelines for Buildings and Facilities.

“Fully contained community (FCC)” means a site-specific development project consisting of conceptual site plan(s), development standards, processing and other elements, and which is consistent with the criteria provided in RCW 36.70A.350.

“Furniture and home furnishings store” means an establishment engaged in the retail sale of household furniture and furnishings for the home, including only uses located in SIC Major Group and Industry Nos.:

“Gable roof” means a double sloping roof with a ridge and a triangular wall section, i.e., a gable, at each end bounded by the two roof slopes.

“Gambling” means staking or risking something of value upon the outcome of a contest of chance or a future contingent event not under the person’s control or influence, upon an agreement or understanding that the person or someone else will receive something of value in the event of a certain outcome. Gambling does not include fishing derbies as defined by State law, parimutuel betting as authorized by Chapter 67.16 RCW, bona fide business transactions valid under the law of contracts including, but not limited to, contracts for the purchase or sale at a future date of securities or commodities, and agreements to compensate for loss caused by the happening of chance including, but not limited to, contracts of indemnity or guarantee and life, health, or accident insurance. In addition, a contest of chance which is specifically excluded from the definition of lottery under this chapter shall not constitute gambling.

“Gasoline station” means a retail use primarily involving automobile fuels. This includes specialized structures for selling fuel and fuel storage tanks, often underground. These establishments may include incidental retail sales. See also “car wash” and “automotive services.”

“General business service” means an establishment engaged in providing services to businesses or individuals, with no outdoor storage or fabrication, including only uses located in SIC Major Group Nos.:

“Geologist” means a person who holds a current license as a geologist or engineering geologist from the Washington State Geologist Licensing Board.

“Geotechnical engineer” means a practicing geotechnical/civil engineer licensed as a professional civil engineer by the State of Washington who has at least four years of professional employment as a geotechnical engineer.

“Golf course facility” means a recreational facility, under public or private ownership, designed and developed for golf activities with accessory uses including, but not limited to:

“Government services” means a use or facility of any unit of government that provides a direct service to people. This definition excludes jails, parks, transit centers, park and rides, utility yards, sewage treatment plants, schools, golf courses and airports.

“Grade” means the elevation of the ground surface.

“Existing grade,” “finish grade” and “rough grade” are defined as follows:

“Grade span” means the categories into which a district groups its grades of students; i.e., elementary, middle or junior high school, and high school.

“Grading” means the physical manipulation of the earth’s surface and/or drainage pattern in preparation for an intended use or activity. “Grading” means any excavation, filling, removing the duff layer or any combination thereof.

“Grazing area” means any open land area used to pasture livestock in which suitable forage is maintained over 80 percent of the area at all times of the year.

“Ground cover” means living plants designed to grow low to the ground (generally one foot or less) and intended to stabilize soils and protect against erosion.

“Group assembly” means any facility that provides for the regular assembly of individuals for entertainment or social purposes. (Ord. 08-21 § 4 (Exh. C); Ord. 09-19 § 8; Ord. 06-17 § 5 (Exh. C); Ord. 06-17; Ord. 10-10 § 3 (Exh. C); Ord. 14-05 §§ 2, 3; Ord. 42-02 §§ 2 (21A.06.537, 21A.06.540, 21A.06.545, 21A.06.550, 21A.06.555, 21A.06.560, 21A.06.565, 21A.06.570, 21A.06.575). Formerly 18.20.536 – 18.20.576)

“Habitable floor” means any floor used or able to be converted to use for living purposes, which includes working, sleeping, eating, cooking, or recreation, or a combination thereof. A floor useable only for storage or parking is not a habitable floor. An unfinished basement or attic which could be finished and converted to habitable space shall be counted as a habitable floor.

“Habitat” means the locality, site and particular type of environment occupied by an organism at any stage in its life cycle.

“Habitat, fish” means habitat that is used by fish at any life stage at any time of the year including potential habitat likely to be used by fish. “Fish habitat” includes habitat that is upstream of, or landward of, human-made barriers that are currently used by fish or could be accessible to, and could be used by, fish upon removal of the barriers. This includes off-channel habitat, flood refuges, channels, streams and wetlands.

“Hazardous household substance” means a substance as defined in RCW 70.105.010.

“Hazardous liquid and gas transmission pipeline” means hazardous liquid and gas transmission pipelines as defined by RCW 81.88.040 and WAC 480-93-005.

“Hazardous substance” means a substance as defined in RCW 70.105.010.

“Heavy equipment and truck repair” means the repair and maintenance of self-powered, self-propelled or towed mechanical devices, equipment and vehicles used for commercial purposes, such as tandem axle trucks, graders, backhoes, tractor trailers, cranes, lifts, but excluding automobiles and pick-up trucks under 10,000 pounds, recreational vehicles, boats and their trailers.

“Helistop” means an area on a roof or on the ground used for the takeoff and landing of helicopters for the purpose of loading or unloading passengers or cargo but not including fueling service, hangers, maintenance or overhaul facilities.

“Hip roof” means a roof that slopes down to the eaves on all four sides without gables.

“Historical flood hazard information” means information that identifies floodplain boundaries, regulatory floodway boundaries, base flood elevations, or flood cross-sections including, but not limited to, photos, video recordings, high water marks, survey information or news agency reports.

“Hive” means a manufactured receptacle or container prepared for the use of bees that includes movable frames, combs, and substances deposited into the hive by bees.

“Hobby, toy, and game shop” means an establishment engaged in the retail sale of toys, games, hobby and craft kits, including only uses located in SIC Industry Nos.:

“Home industry” means a limited-scale sales, service or fabrication activity undertaken for financial gain, which occurs in a dwelling unit or residential accessory building, or in a barn or other resource accessory building and is subordinate to the primary use of the site as a residence.

“Home occupation” means a limited-scale service or fabrication activity undertaken for financial gain, which occurs in a dwelling unit or accessory building and is incidental to the principal residential use of the dwelling unit.

“Hospital” means a building designed and used for medical or surgical diagnosis, treatment and housing of persons under the care of doctors and nurses and including ancillary uses such as cafeterias, florists and patient- and visitor-related services. Rest homes, nursing homes, convalescent homes and clinics are not included.

“Hotel” means an establishment in which temporary lodging or temporary boarding and lodging are provided and offered to the public for compensation or for charity and in which ingress and egress to and from all guest rooms are made through an inside lobby or office. Guest rooms are accessed from an interior hallway. The use may include ancillary uses, such as, but not limited to, a restaurant, lounge, meeting rooms, banquet rooms, swimming pool, spa, and convention facilities.

“Household pets” means small animals that are kept within a dwelling unit.

“Hydroelectric generation facility” means an establishment for the generation of electricity using water sources. (Ord. 08-21 § 4 (Exh. C); Ord. 16-17; Ord. 06-17 § 5 (Exh. C); Ord. 05-15 § 1 (Exh. A); Ord. 03-14 § 1; Ord. 01-14 § 1 (Exh. A); Ord. 10-10 § 3 (Exh. C); Ord. 14-05 § 3; Ord. 42-02 §§ 2 (21A.06.580, 21A.06.582, 21A.06.585, 21A.06.590, 21A.06.595, 21A.06.597, 21A.06.598, 21A.06.600, 21A.06.605, 21A.06.610, 21A.06.615, 21A.06.620). Formerly 18.20.577 – 18.20.620)

“Impact fee” means a payment of money authorized by State law and this code to be imposed upon development as a condition of development approval to pay for public facilities needed to serve new growth and development. “Impact fees” include, but are not limited to, transportation impact fees, park impact fees, fire impact fees and school impact fees. “Impact fees” do not include fees imposed to cover the costs of processing applications, inspecting and reviewing plans or other information required to be submitted for purpose of evaluation of an application, or inspecting or monitoring development activity.

“Impact fee schedule” means the table of impact fees to be charged per unit of development, computed by the formulas adopted under CMC Title 19, indicating the standard fee amount per dwelling unit or per commercial development that shall be paid as a condition of development within the City.

“Impacts” means the effects or consequences of actions. “Environmental impacts” are effects upon the elements of the environment listed in WAC 197-11-444.

“Impervious surface” means a nonvertical surface artificially covered or hardened so as to prevent or impede the percolation of water into the soil mantle at natural infiltration rates including, but not limited to, roofs, swimming pools and areas that are paved, graveled or made of packed or oiled earthen materials such as roads, walkways or parking areas. “Impervious surface” does not include landscaping and surface water flow control and water quality treatment facilities.

“Impoundment” means a body of water collected in a reservoir, pond or dam or collected as a consequence of natural disturbance events.

“Improved public roadways” means public road rights-of-way that have been improved with at least two travel lanes and are maintained by either City of Covington or the State of Washington.

“Individual transportation and taxi” means an establishment engaged in furnishing individual or small group transportation by motor vehicle, including only uses located in SIC Industry Group and Industry Nos.:

“Industrial, light” means any use engaged in small-scale production, manufacturing, fabrication or distribution, and considered less intensive because such uses do not result in noise, odor, toxic chemicals or other activities posing a hazard to public health and safety. May also include supporting office and retail activities.

“Infiltration rate” means the rate of water entry into the soil expressed in inches per hour.

“In-lieu fee program” as defined in the Federal Rule published in April 2008, the U.S. Army Corps of Engineers (the Corps) and the U.S. Environmental Protection Agency (EPA), is:

A program involving the restoration, establishment, enhancement, and/or preservation of aquatic resources through funds paid to a governmental or nonprofit natural resources management entity to satisfy compensatory mitigation requirements. Similar to a mitigation bank, an in-lieu fee program sells compensatory mitigation credits to permittees whose obligation to provide compensatory mitigation is then transferred to the in-lieu program sponsor.

“In-stream structure” means anything placed or constructed by humans within a stream or river waterward of the ordinary high water mark that either causes or has the potential to cause water impoundment or the diversion, obstruction, or modification of water flow including, but not limited to, weirs, culverts, fill and natural materials and excluding dikes, levees, revetments and other bank stabilization facilities.

“Interim recycling facility” means a site or establishment engaged in collection or treatment of recyclable materials, which is not the final disposal site, and including:

“Interlocal agreement” means any agreement between the City and the County or any municipal utility district, fire district, regional fire authority, or school district or any other City or governmental agency.

“Invasive vegetation” means a plant species listed as obnoxious weeds on the noxious weed list adopted by King County or the State of Washington.

“Irrigation efficiency” means the coefficient of the amount of water beneficially used divided by the amount of water applied. This coefficient is derived from actual measurements and an evaluation of the general characteristics of the type of irrigation system and management practices proposed. (Ord. 08-21 § 4 (Exh. C); Ord. 09-19 § 8; Ord. 10-17 § 6 (Exh. D); Ord. 08-17 § 3 (Exh. B); Ord. 06-17 § 5 (Exh. C); Ord. 06-17; Ord. 10-10 § 3 (Exh. C); Ord. 20-07 §§ 66, 113; Ord. 14-05 §§ 2, 3; Ord. 43-02 § 2 (27.04.025); Ord. 42-02 § 2 (21A.06.642); Ord. 42-02 §§ 2 (21A.06.625, 21A.06.630, 21A.06.635, 21A.06.637, 21A.06.640, 21A.06.641). Formerly 14.55.090, 18.20.621, 18.20.621 – 18.20.642)

“Jail” means a facility operated by a governmental agency; designed, staffed and used for the incarceration of persons for the purposes of punishment, correction and rehabilitation following conviction of an offense.

“Jail farm” means a farm or camp on which persons convicted of minor law violations are confined and participate in agriculture and other work activities of the facility.

“Jewelry store” means an establishment engaged in the retail sale of a variety of jewelry products, including only uses located in SIC Industry Nos.:

“Joint use driveway” means a jointly owned and/or maintained vehicular access to two residential or commercial properties.

“Joint use parking” or “shared parking” means required parking stalls shared by two or more uses with the approval of the City. Joint use parking can be appropriate when different operational characteristics of the land uses allow the parking stalls to be available for each use when there is demand. (Ord. 08-21 § 4 (Exh. C); Ord. 10-10 § 3 (Exh. C); Ord. 42-02 §§ 2 (21A.06.645, 21A.06.650, 21A.06.655, 21A.06.658). Formerly 18.20.645 – 18.20.659)

“Kennel” means a place where adult dogs are temporarily boarded for compensation, whether or not for training. An adult dog is one of either sex, altered or unaltered, that has reached the age of six months.

“Kick plate” means a plate applied to the face of the lower rail of a door or sidelight to protect against abrasion or impact loads.

“Kitchen” or “kitchen facility” means an area within a building intended for the preparation and storage of food and containing:

“Landfill” means a disposal site or part of a site at which refuse is deposited.

“Landscape water features” means a pond, pool or fountain used as a decorative component of a development.

“Landscaping” means live vegetative materials required for a development. Said materials provided along the boundaries of a development site is referred to as “perimeter landscaping.”

“Landslide” means episodic downslope movement of a mass including, but not limited to, soil, rock or snow.

“Landslide hazard area” means an area subject to severe risk of landslide, based on a combination of geologic, topographic, and hydrologic factors. They include any areas susceptible to landslide because of any combination of bedrock, soil, slope (gradient), slope aspect, structure hydrology, or other factors, and include, at a minimum, the following:

Large Format Retail Trade and Services. “Large format retail” means a retail establishment greater than 100,000 square feet for all structures that offers the sale of goods to the general public, including limited sales to wholesale customers. These uses typically require high parking to building floor area ratios and serve a regional market.

“Letter of map amendment” means an official determination by FEMA that a property has been inadvertently included in an area subject to inundation by the base flood as shown on a flood hazard boundary map or flood insurance rate map.

“Letter of map revision” means a letter issued by FEMA to revise the flood hazard boundary map or flood insurance rate map and flood insurance study for a community to change base flood elevations, and floodplain and floodway boundary delineation.

“Level of service (LOS), fire” means the standards adopted by the regional fire authority for the delivery of fire and emergency medical response services, as set forth in the RFA’s adopted standard of cover and reflected in the capital facilities and equipment plan.

“Level of service (LOS), traffic” means a quantitative measure of traffic congestion identified by a declining letter scale (A–F) as calculated by the methodology contained in the 1985 Highway Capacity Manual Special Report 209, or current edition, or as calculated by another method approved by the Department of Community Development. LOS “A” indicates free flow of traffic with no delays while LOS “F” indicates jammed conditions or extensive delay.

“Light equipment” means hand-held tools and construction equipment, such as chain saws, wheelbarrows and post-hole diggers.

“Liner building” means a building designed to obscure structured parking with permitted uses, generally shallow in depth.

“Live-work” means a dwelling unit within a multifamily dwelling or townhouse dwelling designed to accommodate a small commercial enterprise on the ground floor and a separated but interconnected residential unit above and/or behind.

“Livestock” means any domestic equines, sheep, goats, bovines, llamas, alpacas, emus, ostriches, and swine, or similar animals.

“Livestock facility” means an accessory building used to house livestock.

“Livestock, large” means livestock with a weight of 200 pounds or more.

“Livestock sales” means the sale of livestock, but not including auctions.

“Livestock, small” means livestock weighing less than 200 pounds.

“Loading space” means a space for the temporary parking of a vehicle while loading or unloading cargo or passengers.

“Log storage” means a facility for the open or enclosed storage of logs, which may include repair facilities for equipment used on site or operations offices.

“Lot” means a physically separate and distinct parcel of property, which has been created pursuant to CMC Title 17, Subdivisions.

“Lot frontage” means the shortest distance between the sides of the lot along the boundary abutting the street or private road.

“Lot line, interior” means lot lines that delineate property boundaries along those portions of the property which do not abut a street.

“Low impact development (LID)” is a stormwater management, site design, and engineering approach that strives to mimic predisturbance hydrologic processes of infiltration, filtration, storage, evaporation, and transpiration by emphasizing conservation, use of on-site natural features, site planning, and distributed stormwater management practices that are integrated into a project design. Specific LID practices and standards are identified and referenced in Chapter 13.25 CMC and CMC Titles 12 and 18.

“Low-income household” is defined by RCW 36.70A.030 as it currently exists or is amended in the future. (Ord. 15-24 § 2 (Exh. A); Ord. 08-21 § 4 (Exh. C); Ord. 08-17 § 3 (Exh. B); Ord. 06-17 § 5 (Exh. C); Ord. 26-16 § 17; Ord. 05-15 § 1 (Exh. A); Ord. 10-10 § 3 (Exh. C); Amended at request of department 2/08; Ord. 14-05 §§ 2, 3; Ord. 42-02 §§ 2 (21A.06.665, 21A.06.667, 21A.06.670, 21A.06.675, 21A.06.680, 21A.06.682, 21A.06.685, 21A.06.690, 21A.06.695, 21A.06.700, 21A.06.710, 21A.06.705, 21A.06.715, 21A.06.720, 21A.06.725, 21A.06.730). Formerly 18.20.665 – 18.20.732)

“Maintenance” means the usual acts to prevent a decline, lapse or cessation from a lawfully established condition without any expansion of or significant change from that originally established condition. Activities within landscaped areas within areas subject to native vegetation retention requirements may be considered maintenance only if they maintain or enhance the canopy and understory cover. “Maintenance” includes repair work but does not include replacement work. When maintenance is conducted specifically in accordance with the Regional Road Maintenance Endangered Species Act Program Guidelines, the definition of “maintenance” in the glossary of those guidelines supersedes the definition of “maintenance” in this section.

“Maintenance yard” means a facility used as a base of operations for maintaining infrastructure, and usually includes fleet parking, equipment and vehicle shops, indoor and outdoor storage, and offices.

“Major transit stop” means a stop on a high-capacity transportation system funded or expanded under the provisions of Chapter 81.104 RCW, commuter rail stops, stops on rail or fixed guideway systems, and stops on bus rapid transit routes, including bus rapid transit routes under construction.

“Manufactured home” means a structure, transportable in one or more sections, that in the traveling mode is eight body feet or more in width or 32 body feet or more in length; or when erected on site, is 300 square feet or more in area; which is built on a permanent chassis and is designated for use with or without a permanent foundation when attached to the required utilities; which contains plumbing, heating, air-conditioning and electrical systems; and shall include any structure that meets all the requirements of this section, or of Chapter 296-150M WAC, except the size requirements for which the manufacturer voluntarily complies with the standards and files the certification required by the Federal Department of Housing and Urban Development. The term “manufactured home” does not include a recreational vehicle.

“Manufactured home park” means a development with two or more improved pads or spaces designed to accommodate mobile homes.

“Manufacturing, heavy” means land uses characterized by larger size facilities engaged in the processing of raw materials or parts into finished products. Such facilities may have a higher degree of negative environmental impacts due to the processes employed and operations.

“Manufacturing, light” means land uses characterized by small size facilities where no heavy manufacturing or specialized industrial processes take place. Typical light manufacturing activities include printing, material testing, and assembly components. Such facilities usually employ less than 100 persons.

“Mapping partner” means any organization or individual that is involved in the development and maintenance of a draft flood boundary work map, preliminary flood insurance rate map or flood insurance rate map.

“Marijuana” shall have the meaning established pursuant to RCW 69.50.101(v), as currently adopted and hereafter amended.

“Marijuana-infused products” shall have the meaning established pursuant to RCW 69.50.101(cc), as currently adopted and hereafter amended.

“Marijuana processor” shall have the meaning established pursuant to RCW 69.50.101(x), as currently adopted and hereafter amended.

“Marijuana producer” shall have the meaning established pursuant to RCW 69.50.101(y), as currently adopted and hereafter amended.

“Marijuana retail outlet” shall have the meaning established pursuant to RCW 69.50.101(oo), as currently adopted and hereafter amended.

“Marijuana retailer” shall have the meaning established pursuant to RCW 69.50.101(bb), as currently adopted and hereafter amended.

“Marijuana, useable” or “useable marijuana” shall have the meaning established pursuant to RCW 69.50.101(tt), as currently adopted and hereafter amended.

“Marina” means an establishment providing docking, moorage space and related activities limited to the provisioning or minor repair of pleasure boats and yachts, and accessory facilities including, but not limited to:

“Market manager” means one who oversees the general operations of a farmers’ or public market, which may include: acting as the applicant for a required temporary use permit; acting as the main contact with the City; ensuring compliance with State and municipal law and health regulations; overseeing the setup, operation, and closing of the market each day; recruiting vendors; collecting payment; and promoting the market.

“Mass” means the physical volume or bulk of a solid body. The mass of a building is its three-dimensional form, bulkiness and relationship to exterior spaces. During the design process, massing is one of many aspects of form considered by an architect or designer and can be the result of both exterior and interior design considerations. Architectural massing can be used to identify a building entry, denote a stairway or simply create visual depth to soften the visual mass of the overall structure.

“Material error” means substantive information upon which a permit decision is based that is submitted in error or is omitted at the time of permit application.

“Maximum extent practical” means the highest level of effectiveness that can be achieved through the use of best available science or technology. In determining what the “maximum extent practical” is the City shall consider, at a minimum, the effectiveness, engineering feasibility, commercial availability, safety and cost of the measures.

“Medical office” means a facility that provides diagnosis and outpatient care on a routine basis but is unable to provide prolonged in-house medical or major surgical care. Medical clinics are included in this definition.

“Microwave” means electromagnetic waves with a frequency range of 300 megahertz (MHz) to 300 gigahertz (GHz).

“Middle housing” means buildings that are compatible in scale, form, and character with single-family houses and contain two or more attached, stacked, or clustered homes including duplexes, triplexes, fourplexes, fiveplexes, sixplexes, townhouses, stacked flats, courtyard apartments, and cottage housing.

“Mitigation” means sequentially avoiding impacts, minimizing impacts and action taken to compensate for unavoidable adverse impacts to the environment resulting from a development activity or alteration. Mitigation, in the following sequential order of preference, is:

Mitigation for individual actions may include a combination of the above measures.

“Mitigation bank” means a property that has been protected in perpetuity and approved by appropriate County, State and Federal agencies expressly for the purpose of providing compensatory mitigation in advance of authorized impacts through any combination of restoration, creation or enhancement of wetlands and, in exceptional circumstances, preservation of adjacent wetlands and wetland buffers or protection of other aquatic or wildlife resources.

“Mitigation banking” means a system for providing compensatory mitigation in advance of authorized wetland impacts of development in City of Covington in which credits are generated through restoration, creation, and/or enhancement of wetlands, and in exceptional circumstances, preservation of adjacent wetlands, wetland buffers, and/or other aquatic resources.

“Mixed-use” means a combination of residential and nonresidential uses within the same building or site as part of an integrated development project with functional interrelationships and coherent physical design.

“Moderate-income household” is defined by RCW 36.70A.030 as it currently exists or is amended in the future.

“Modulation” means stepping forward or backward a portion of the facade as a means to articulate or add visual interest to the facade.

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

“Monuments, tombstones, and gravestones sales” means the retail sale of custom stonework products including only uses located in SIC Industry No. 5599 – Monuments, finished to custom order, tombstones and gravestones finished.

“Motor vehicle and bicycle manufacturing” means fabricating or assembling complete passenger automobiles, trucks, commercial cars and buses, motorcycles, and bicycles, including only uses located in SIC Industry Group Nos.:

“Motor vehicle, boat and mobile home dealer” means an establishment engaged in the retail sale of new and/or used automobiles, motor homes, motorcycles, trailers, boats or mobile homes, including only uses located in SIC Major Group and Industry Group Nos.:

“Mulch” means any material such as leaves, bark, or straw left loose and applied to the soil surface to reduce evaporation.

“Multifamily housing” means a residential building or complex consisting of five or more dwelling units within the same structure or development, typically organized in stacked or attached configurations. Multifamily housing often includes mid-rise and high-rise structures that include shared entrances, corridors, and amenities, distinguishing it from smaller-scale middle-housing types and townhomes. Multifamily may include stacked flats and courtyard apartments. Multifamily housing does not include hotels or motels.

“Museum” means any establishment open to the public where works of art, scientific specimens, or other objects of permanent value are kept and displayed. (Ord. 04-25 § 6 (Exh. A); Ord. 15-24 § 2 (Exh. A); Ord. 08-21 § 4 (Exh. C); Ord. 06-17; Ord. 06-17 § 5 (Exh. C); Ord. 12-16 § 5; Ord. 10-10 § 3 (Exh. C); Ord. 09-09 § 3; Ord. 14-05 §§ 2, 3. Formerly 18.20.733 – 18.20.785)

“Native vegetation” means plant species indigenous to the Puget Sound region that reasonably could be expected to naturally occur on the site.

“Net buildable area” means the “site area” less the following areas:

“Nonconformance” means any use, improvement or structure established in conformance with City of Covington rules and regulations in effect at the time of establishment that no longer conforms to the range of uses permitted in the site’s current zone or to the current development standards of the code due to changes in the code or its application to the subject property.

“Nonhydroelectric generation facility” means an establishment for the generation of electricity by nuclear reaction, burning fossil fuels, or other electricity generation methods.

“Nonionizing electromagnetic radiation (NIER)” means electromagnetic radiation of low photon energy unable to cause ionization.

“Noxious weed” means a plant species that is highly destructive, competitive or difficult to control by cultural or chemical practices, limited to any plant species listed on the State noxious weed list in Chapter 16-750 WAC, regardless of the list’s regional designation or classification of the species.

“Nursing and personal care facility” means any facility which provides convalescent or chronic care for 24 consecutive hours for three or more patients not related by blood or marriage to the operator, who by reason of illness or infirmity are unable to properly care for themselves. (Ord. 08-21 § 4 (Exh. C); Ord. 06-17; Ord. 10-10 § 3 (Exh. C); Ord. 14-05 § 2; Ord. 42-02 § 2 (21A.06.790, 21A.06.795, 21A.06.797, 21A.06.800, 21A.06.805, 21A.06.810, 21A.06.815). Formerly 18.20.790 – 18.20.816)

“Open space” means areas left predominately in a natural state to create urban separators and greenbelts, sustain native ecosystems, connect and increase protective buffers for environmentally critical areas, provide a visual contrast to continuous development, reinforce community identity and aesthetics, or provide links between important environmental or recreational resources. Open space functions as protection of natural resources and biodiversity, recreation spaces, support for economic development opportunities, development of neighborhood gathering spaces, promotion of public health benefits and civic and cultural infrastructure.

“Open-work fence” means a fence in which the solid portions are evenly distributed and constitute no more than 50 percent of the total surface area.

“Ordinary high water line (OHWL)” is defined by WAC 77-55-011(16) and means the mark on the shores of all water (e.g., lakes and streams) that will be found by examining the bed and banks and ascertaining where the presence and action of waters are so common and usual and so long continued in ordinary years as to mark upon the soil or vegetation a character distinct from the abutting upland; provided, that in any area where the ordinary high water line cannot be found, the “ordinary high water line” adjoining saltwater is the line of mean higher high water and “ordinary high water line” adjoining freshwater is the elevation of the mean annual flood.

“Outdoor commercial” means a commercial use where the majority of activity occurs outside a permanent structure. “Outdoor commercial” does not include “farmers’ markets” or “public market” as defined in this chapter.

“Outdoor performance center” means an establishment for the performing arts with open-air seating for audiences. Such establishments may include related services such as food and beverage sales and other concessions.

“Outpatient clinic” means a building designed and used for medical or surgical diagnosis, and treatment of persons under the care of doctors and nurses. No housing of patients is provided at such a facility.

“Overburden-cover-to-seam-thickness ratio” means the thickness as measured from the ground surface to the top of the abandoned mine working divided by the extracted thickness of the coal seam, expressed as a ratio. A 10-foot extracted coal seam will have a 10:1 overburden-cover-to-seam-thickness ratio at a depth of 100 feet and a 15:1 overburden-cover-to-seam-thickness ratio at a depth of 150 feet.

“Overspray” means irrigation water applied beyond the landscape area. (Ord. 08-21 § 4 (Exh. C); Ord. 10-17 § 6 (Exh. D); Ord. 06-17 § 5 (Exh. C); Ord. 04-12 § 1 (Exh. A); Ord. 10-10 § 3 (Exh. C); Ord. 14-05 § 2; Ord. 42-02 §§ 2 (21A.06.817, 21A.06.819, 21A.06.820, 21A.06.825, 21A.06.830, 21A.06.831, 21A.06.832). Formerly 18.20.817 – 18.20.832)

“Parapet” means a low wall projecting from the edge of a platform, terrace, or roof. Parapets may rise above the cornice of a building.

“Parcel” means the smallest separately segregated unit or plot of land having an identified owner, boundaries, and surface area which is documented for property tax purposes and given a tax lot number by the King County Assessor.

“Park and recreation facilities” means a site designed or developed for recreational use by the public, including those dedicated parklands, developed parks and associated improvements so designated in the parks and recreation element of the City’s comprehensive plan.

“Park service area” means a geographic area in which a defined set of park facilities provides service to development within the area. The entire area within the City limits is the park service area.

“Parking lot aisle” means that portion of the off-street parking area used exclusively for the maneuvering and circulation of motor vehicles and in which parking is prohibited.

“Parking lot unit depth” means the linear distance within which one parking aisle is flanked by accessible rows of parking stalls as measured perpendicular to the parking aisle.

“Parking space” means an area accessible to vehicles, improved, maintained and used for the sole purpose of parking a motor vehicle.

“Parking space angle” means the angle measured from a reference line, generally the property line or center line of an aisle, at which motor vehicles are to be parked.

“Party of record (POR)” means a person who has submitted written comments, testified, asked to be notified or is the sponsor of a petition entered as part of the official City record on a specific development proposal.

“Peak hour” means the hour during the morning or afternoon when the most critical level of service occurs for a particular roadway or intersection.

“Pedestrian orientation” and “pedestrian-oriented” means designing the built environment with the needs of humans who are walking in mind. Key elements include building height, bulk and placement; streetscape, sidewalk design and connections; and mix and type of land uses. The result should be a walkable community that reinforces urban design goals for the neighborhood.

“Pedestrian walkway” means any surfaced walkway on a site and surfaced walkways which are separate from the traveled portion of a right-of-way or parking lot/driving aisle.

“Performing arts center” means any facility consisting of stages and seating for the live performance of theatrical or musical works. Ancillary uses such as concessions and gift shops may be included in this use.

“Permanent school facilities” means facilities of a school district with a fixed foundation which are not relocatable facilities.

Permanent Supportive Housing. Defined by RCW 36.70A.030.

“Person” means any individual, firm, association, co-partnership, corporation, governmental agency or political subdivision, whether acting by themselves or as a servant, agent or employee.

“Personal and beauty service” means any use that provides services involving the care of a person or of a person’s apparel. Examples include but are not limited to acupressure, barber and beauty shops, massage therapy, laundromats, dry cleaners, shoe repair shops, tailors, and tanning salons.

“Personal medical supply store” means an establishment engaged in the retail sale of eyeglasses, contact lenses, hearing aids, and artificial limbs, including only uses located in SIC Industry Nos.:

“Pet shop” means an establishment engaged in the retail sale of pets, small animals, pet supplies, or grooming of pets, including only uses located in SIC Industry No. 5999 – Pet shops.

“Photographic and electronic shop” means an establishment engaged in the retail sale of cameras and photographic supplies, and a variety of household electronic equipment, including only uses located in SIC Industry Nos.:

“Physical fitness/recreation club” means a small-scale private facility, often with a specific physical fitness focus such as, but not limited to: exercise equipment, small group exercise, indoor cycling, climbing, martial arts, personal training, dance, and yoga. “Physical fitness/recreation club” does not include “shooting range” as defined in CMC 18.20.046.

“Potable water” means water suitable for human consumption.

“Preapplication” means the meeting(s) or form(s) used by an applicant for a development permit to present initial project intentions to the Department of Community Development or its successor agency. “Preapplication” does not mean application.

“Preliminary flood insurance rate map” means the initial map issued by FEMA for public review and comment that delineates areas of flood hazard.

“Preliminary flood insurance study” means the preliminary report provided by FEMA for public review and comment that includes flood profiles, text, data tables and photographs.

“Premises” means any building, lot, parcel of land, or portion of land, whether improved or unimproved, including adjacent sidewalks and parking strips.

“Prepared food sales” means the sale of freshly made foods, available for sale and immediate consumption on site. Prepared food sales shall be accessory to farmers’ and public markets.

“Private” means solely or primarily for the use of residents or occupants of the premises; e.g., a noncommercial garage used solely by residents or their guests is a private garage.

“Processed food sales” means the sale of fresh food products that have been personally prepared and processed by a seller on property that they own or lease. Processed foods shall include meats, seafood, ciders, baked goods, jams, etc., that have value added through hands-on processing. Processed food sales shall be accessory to farmers’ and public markets, provided they have been prepared in the State of Washington.

“Professional office” means an office used as a place of business by licensed professionals or persons in other generally recognized professions which use training or knowledge of a technical, scientific or other academic discipline as opposed to manual skills, and which does not involve outside storage or fabrication, or on-site sale or transfer of commodities.

“Proportionate share” means that portion of the cost of public facility improvements and facilities that is reasonably related to the service demands and needs of new development.

“Public agency” means any agency, political subdivision or unit of local government of this State including, but not limited to, municipal corporations, special purpose districts and local service districts, any agency of the State of Washington, the United States or any State thereof or any Indian tribe recognized as such by the Federal government.

“Public agency animal control facility” means a facility for the impoundment and disposal of stray or abandoned small animals.

“Public agency archive” means a facility for the enclosed storage of public agency documents or related materials, excluding storage of vehicles, equipment, or similar materials.

“Public agency or utility office” means an office for the administration of any governmental or utility activity or program, with no outdoor storage and including, but not limited to, uses located in SIC Major Group, Industry Group and Industry Nos.:

“Public agency or utility yard” means a facility for open or enclosed storage and repair and maintenance of vehicles, equipment, or related materials, including ancillary office to support said use.

“Public agency training facility” means an establishment or school for training State and local law enforcement, fire safety, National Guard or transit personnel and facilities including but not limited to:

“Public market” means a site where farmers and/or resellers sell not less than 50 percent locally grown, produced, caught, or gathered fruits, vegetables, herbs, nuts, honey, dairy products, eggs, poultry, mushrooms, meats, fish, flowers, nursery stock, and plants. Up to 50 percent of a public market’s total number of vendor spaces may consist of resellers and/or accessory uses.

“Public road right-of-way structure” means the existing, maintained, improved road right-of-way or railroad prism and the roadway drainage features including ditches and the associated surface water conveyance system, flow control and water quality treatment facilities and other structures that are ancillary to those facilities including catch-basins, access holes and culverts.

“Public street” means any public or private road or access easement intended to provide public access to any lot/development, but excluding any service road or internal driving aisles (e.g., within parking lots). “Public street” includes the street and all other improvements inside the publicly owned right-of-way.

“Public transportation amenities” means transfer of development credits (TDC) amenities financed by public transportation funds that shall provide transportation improvement or programs. (Ord. 08-21 § 4 (Exh. C); Ord. 02-20 § 2 (Att. A); Ord. 06-19 § 1; Ord. 10-17 § 6 (Exh. D); Ord. 06-17; Ord. 26-16 §§ 18, 19, 20, 21; Ord. 16-16 § 6; Ord. 03-14 § 1; Ord. 01-14 § 1 (Exh. A); Ord. 10-10 § 3 (Exh. C); Ord. 09-09 § 3; Ord. 14-05 §§ 2, 3; Ord. 42-02 § 2 (21A.06.835, 21A.06.840, 21A.06.845, 21A.06.850, 21A.06.855, 21A.06.860, 21A.06.865, 21A.06.870, 21A.06.875, 21A.06.880, 21A.06.885, 21A.06.890, 21A.06.895, 21A.06.897, 21A.06.899, 21A.06.900, 21A.06.905, 21A.06.910, 21A.06.915, 21A.06.920, 21A.06.925, 21A.06.930, 21A.06.935, 21A.06.940, 21A.06.943). Formerly 18.20.833 – 18.20.943)

“Rapid charging station” means an industrial grade electrical outlet that allows for faster recharging of electric vehicle batteries through higher power levels and that meets or exceeds any standards, codes, and regulations set forth by Chapter 19.28 RCW and consistent with rules adopted under RCW 19.27.540.

“Reasonable use” means a legal concept articulated by Federal and State courts in regulatory taking cases.

“Receiving site” means land for which allowable residential density is increased over the base density permitted by the underlying zone, by virtue of permanently securing and dedicating to the City of Covington, or another qualifying agency, the development potential of an associated sending site.

“Reclamation” means the final grading and restoration of a site to reestablish the vegetative cover, soil stability and surface water conditions to accommodate and sustain all permitted uses of the site and to prevent and mitigate future environmental degradation.

“Recreation, indoor” means a large-scale indoor recreational use such as, but not limited to: skating rinks, bowling alleys, health clubs and fitness centers providing a wide variety of sport and fitness services, multi-court gymnasiums not accessory to an educational institution, multi-court racket clubs, sports arenas, large pools and similar uses. “Recreation, indoor” does not include shooting ranges.

“Recreation, outdoor” means golf courses, tennis courts, athletic fields, pools, skate parks, and similar uses. “Recreation, outdoor” does not include shooting ranges.

“Recreational vehicle (RV)” means a motorized vehicle designed primarily for recreational camping, travel, or seasonal use which has its own motive power or is mounted on or towed by another vehicle, including but not limited to:

“Recreational vehicle parks” means the use of land upon which two or more recreational vehicle sites, including hook up facilities, are located for occupancy by the general public of recreational vehicles as temporary living quarters for recreation or vacation purposes.

“Recyclable material” means a nontoxic, recoverable substance that can be reprocessed for the manufacture of new products.

“Regional road maintenance guidelines” means the National Marine Fisheries Service-published Regional Road Maintenance Endangered Species Act Program Guidelines.

“Regional utility corridor” means a right-of-way tract or easement other than a street right-of-way which contains transmission lines or pipelines for utility companies. Right-of-way tracts or easements containing lines serving individual lots or developments are not regional utility corridors.

“Religious facility” means any building used for nonprofit purposes by an established religious organization holding either tax exempt status under Section 501(c)(3) of the Internal Revenue Code or under the State property tax law, where such building is primarily intended to be used as a place of worship. This definition does not include facilities for training of religious orders.

“Relocatable facilities cost per student” means the estimated cost of purchasing and siting a relocatable facility in a school district for the grade span of school to be provided, as a function of the district’s facilities standard per grade span and taking into account the requirements of students with special needs.

“Relocatable facility” means any factory-built structure, transportable in one or more sections, that is designed to be used as an education space and is needed to prevent the overbuilding of school facilities, to meet the needs of service areas within a district or to cover the gap between the time that families move into new residential developments and the date that construction is completed on permanent school facilities.

“Relocation facilities” means housing units within City of Covington that provide housing to persons who have been involuntarily displaced from other housing units within City of Covington as a result of conversion of their housing unit to other land uses.

“Repair” means to fix or restore to sound condition after damage. “Repair” does not include replacement of structures or systems.

“Replace” means to take or fill the place of a structure, fence, deck or paved surface with an equivalent or substitute structure, fence, deck or paved surface that serves the same purpose. “Replacement” may or may not involve an expansion.

“Reseller” means one who buys fruits, vegetables, herbs, nuts, honey, dairy products, eggs, poultry, mushrooms, meats, fish, flowers, nursery stock, and plants directly from the farmer that grew, produced, caught, or gathered the item, transports it to a market, and resells it directly to the consumer.

“Residence” means a building designed and/or used for housing a single person, or persons living together. The definition of “residence” shall include trailers on an individual lot and multifamily and condominium units.

“Restoration” means, for purposes of critical areas regulation, an action that reestablishes the structure and functions of a critical area or any associated buffer that has been altered.

“Retail, comparison” provides for the sale of comparison goods and services and is centrally located in the community or region.

“Retail, convenience” provides for daily living goods, is easy to access and use and is close to residential neighborhoods.

“Retail trade and services” means any use that provides for the sale of goods and services for both local and regional markets.

“Retaining wall” means any wall used to resist the lateral displacement of any material.

“Road amenities” means transfer of development credits (TDC) amenities financed by road CIP or operating funds that shall provide transportation improvements or programs.

“Roadway” means the maintained areas cleared and graded within a road right-of-way or railroad prism. For a road right-of-way, “roadway” includes all maintained and traveled areas, shoulders, pathways, sidewalks, ditches and cut and fill slopes. For a railroad prism, “roadway” includes the maintained railbed, shoulders, and cut and fill slopes. “Roadway” is equivalent to the “existing, maintained, improved road right-of-way or railroad prism” as defined in the regional road maintenance guidelines.

“Roofline” means the highest edge of the roof or the top of a parapet, whichever establishes the top line of the structure when viewed in a horizontal plane.

“Runoff” means that portion of water originating from rainfall and other precipitation that flows over the surface or just below the surface from where it fell and is found in drainage facilities, rivers, streams, springs, seeps, ponds, lakes and wetlands as well as shallow ground water. (Ord. 15-24 § 2 (Exh. A); Ord. 08-21 § 4 (Exh. C); Ord. 06-19 § 1; Ord. 06-17; Ord. 26-16; Ord. 26-16 §§ 22, 23; Ord. 05-16 § 1 (Exh. A); Ord. 09-12; Ord. 01-12 § 1 (Exh. 1); Ord. 19-11 § 1 (Exh. 1); Ord. 10-10 § 3 (Exh. C); Ord. 09-09 § 3; Ord. 14-05 §§ 2, 3; Ord. 42-02 §§ 2 (21A.06.945, 21A.06.950, 21A.06.955, 21A.06.960, 21A.06.965, 21A.06.970, 21A.06.972, 21A.06.975, 21A.06.980, 21A.06.985, 21A.06.990, 21A.06.995, 21A.06.1000, 21A.06.1005, 21A.06.1010, 21A.06.1011, 21A.06.1011A, 21A.06.1012). Formerly 18.20.945 – 18.20.1013)

“Salmonid” means a member of the fish family Salmonidae, including, but not limited to:

“Salmonid migration barrier” means an in-stream blockage that consists of a natural gradient drop (no human influence) with an uninterrupted slope greater than 100 percent (45-degree angle and height in excess of 11 vertical feet) with anadromous salmon-bearing waters or a height of three vertical feet within resident trout-only bearing waters. Culverts and weirs meet the definition, yet are subject to the Director’s determination of whether the barrier must be removed or may remain, based on factors including impacts to existing systems and significant expense.

“School bus base” means an establishment for the storage, dispatch, repairs and maintenance of coaches and other vehicles of a school transit system.

“School district” means the Kent School District.

“School district support facility” means uses (excluding schools and bus bases) that are required for the operation of a school district. This term includes school district administrative offices, centralized kitchens, and maintenance or storage facilities.

“Schools, compulsory” means institutions of learning offering instruction in the several branches of learning and study required by the Education Code of the State of Washington, including associated meeting rooms, auditoriums and athletic facilities.

“Schools, elementary, and middle/junior high” means institutions of learning offering instruction in the several branches of learning and study required by the Education Code of the State of Washington in grades kindergarten through nine, including associated meeting rooms, auditoriums and athletic facilities.

“Schools, higher education” means colleges, community colleges, and universities.

“Schools, secondary or high school” means institutions of learning offering instruction in the several branches of learning and study required by the Education Code of the State of Washington in grades nine through 12, including associated meeting rooms, auditoriums and athletic facilities.

“Scour” means the erosive action of running water in streams, which excavates and carries away material from the bed and banks. “Scour” includes earth and solid rock material.

“Seismic hazard areas” means those areas in City of Covington subject to severe risk of earthquake damage as a result of ground movement, ground displacement, or soil liquefaction in areas underlain by cohesionless soils of low density and usually in association with a shallow ground water table or of other seismically induced settlement.

“Self-service storage facility” means an establishment containing separate storage spaces that are leased or rented as individual units.

“Sending site” means land designated in Chapter 18.95 CMC as capable of providing a public benefit if permanently protected by virtue of having its zoned development potential transferred to another property.

“Senior citizen” means a person aged 62 or older.

“Senior citizen assisted housing” means housing in a building consisting of two or more dwelling units or sleeping units restricted to occupancy by at least one senior citizen per unit, and may include the following support services, as deemed necessary:

“Service area” means the incorporated areas of the City of Covington.

“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.

“Shelter, animal” means a facility that is used to house or contain stray, homeless, abandoned or unwanted animals and that is owned, operated, or maintained by a public body, an established humane society, animal welfare society, society for the prevention of cruelty to animals, or other nonprofit organization or person devoted to the welfare, protection, and humane treatment of animals.

“Shelters for temporary placement” means housing units within the City of Covington that provide temporary housing to persons for a duration not to exceed four weeks.

“Shooting range” means a facility designed to provide a confined space for safe target practice with firearms, archery equipment, or other weapons whether open to the public, open only to private membership, open to organizational training such as law enforcement, or any combination thereof.

“Shoreline” means those lands defined as shorelines of the State in the Shoreline Management Act of 1971, Chapter 90.58 RCW, as amended or updated.

“Side channel” means a channel that is secondary to and carries water to or from the main channel of a stream or the main body of a lake, including a back-watered channel or area and oxbow channel that is still connected to a stream by one or more above-ground channel connections or by inundation at the base flood.

“Sign” means any device, structure, fixture, or placard that uses graphics, symbols, or written copy and is used or intended to be used to attract attention to the subject matter for advertising, identification or informative purposes.

“Significant tree” means an existing healthy tree that is not a hazard tree (i.e., a tree that does not have a high probability of imminently falling due to a debilitating disease or structural defect) and that when measured has a minimum diameter of six inches DBH or larger.

“Single-family zones” means those zones where single-family detached residences are the predominant land use.

“Site” means a single lot, or two or more contiguous lots that are under common ownership or documented legal control, used as a single parcel for a development proposal in order to calculate compliance with the standards and regulations of this title.

“Site area” means the total horizontal area of a project site.

“Site cost per student” means the estimated cost of a site in the district for the grade span of school to be provided, as a function of the district’s facilities standard per grade span and taking into account the requirements of students with special needs.

“Situs file” means information on an individual parcel of land, including its size, known extent of existing development, known environmental constraints, approval conditions and other site-specific information, contained in the computerized permitting and land parcel data base of the Department of Public Works or its successor agencies.

“Sixplex” means a residential building with six attached dwelling units.

“Slope” means an inclined ground surface, the inclination of which is expressed as a ratio of vertical distance to horizontal distance.

“Soil recycling facility” means an establishment engaged in the collection, storage and treatment of contaminated soils to remove and re-use organic contaminants.

“Source-separated organic material” means vegetative material, scrap lumber or wood, or other materials that provide a source for recycled or composted products. This does not include chemically treated wood products and/or toxic organic substances.

“Special use permit” means a permit granted by the City to locate a regional land use at a particular location, subject to conditions placed on the proposed use to ensure compatibility with adjacent land uses.

“Specialized instruction school” means establishments engaged in providing specialized instruction in a designated field of study, rather than a full range of courses in unrelated areas; including, but not limited to:

“Sporting goods store” means an establishment engaged in the retail sale of sporting goods and equipment, including only uses located in SIC Industry Nos.:

“Sports club” means an establishment engaged in operating physical fitness facilities and sports and recreation clubs, including only uses located in SIC Industry Nos.:

“Stable” means a structure or facility in which horses or other livestock are kept for:

“Stacked flat” means dwelling units in a residential building of no more than three stories on a residential zoned lot in which each floor may be separately rented or owned.

“Standard of service, school districts” means the standard adopted by each school district which identifies the program year, the class size by grade span and taking into account the requirements of students with special needs, the number of classrooms, the types of facilities the district believes will best serve its student population, and other factors as identified by the school district. The district’s standard of service shall not be adjusted for any portion of the classrooms housed in relocatable facilities which are used as transitional facilities or for any specialized facilities housed in relocatable facilities. Except as otherwise defined by the school board pursuant to a board resolution, transitional facilities shall mean those facilities that are used to cover the time required for the construction of permanent facilities; provided, that the “necessary financial commitments” as defined in Chapter 18.75 CMC are in place to complete the permanent facilities called for in the capital plan.

“Steep slope hazard area” means an area on a slope of 40 percent inclination or more within a vertical elevation change of at least 20 feet. For the purpose of this definition, a slope is delineated by establishing its toe and top and is measured by averaging the inclination over at least 10 feet of vertical relief. Also for the purpose of this definition:

“Storefront” means a building, or part thereof, that meets the block-frontage standards of CMC 18.31.320.

“Stormwater” means runoff during and following precipitation and snowmelt events, including surface runoff and drainage.

“Stormwater management facility” means constructed facilities that collect, convey, treat, detain or retain stormwater runoff. Stormwater management facilities may include, but are not limited to, such elements as concrete gutters, catch basins, manholes, storm pipe, ditches, swales, low impact development best management practices, water quality and flow control structures, and other facilities as approved by the City’s stormwater management program.

“Stormwater manuals” means the manuals, regulations, and standards adopted in CMC Title 13.

“Story” means that portion of a building included between the upper surface of a floor and the upper surface of the above floor or roof. It is measured as the vertical distance from top to top of two successive tiers of beams or finished floor surfaces and, for the topmost story, from the top of the floor finish to the top of the ceiling joists or, where there is not a ceiling, to the top of the roof rafters.

“Stream” means an aquatic area where surface water produces a channel, not including a wholly artificial channel, unless it is:

“Stream functions” means natural processes performed by streams including functions which are important in facilitating food chain production, providing habitat for nesting, rearing and resting sites for aquatic, terrestrial and avian species, maintaining the availability and quality of water, such as purifying water, acting as recharge and discharge areas for ground water aquifers, moderating surface and stormwater flows and maintaining the free flowing conveyance of water, sediments and other organic matter.

“Street” means a public or recorded private thoroughfare providing pedestrian and vehicular access through neighborhoods and communities and to abutting property.

“Street frontage” means any portion of a lot or combination of lots which directly abut a public right-of-way.

“Street type” means a classification of downtown street regulated by the design standards in CMC 18.31.240.

“Streetscape” means the space between buildings on either side of a street. The elements that contribute to the quality and character of streetscape are building façades and awnings, sidewalks, paving materials, signs, lighting, trees and landscaping, and street furniture and fixtures.

“Structure” means anything permanently constructed in or on the ground, or over the water; excluding fences six feet or less in height, decks less than 18 inches above grade, paved areas, and structural or nonstructural fill.

“Structure, electrical transmission” means any facility (including a pole or a tower) owned by an electric utility that supports electrical lines that carry a voltage of at least 115kV.

“Structured parking” means providing parking within a structure below, at or above grade in a manner such that vehicles are not visible from the public street.

“Student factor” means the number derived by a school district to describe how many students of each grade span are expected to be generated by a dwelling unit. Student factors shall be based on district records of average actual student generated rates for new developments constructed over a period of not more than five years prior to the date of the fee calculation; if such information is not available in the district, data from adjacent districts, districts with similar demographics, or County-wide averages must be used. Student factors must be separately determined for single-family and multifamily dwelling units, and for grade spans.

“Submerged land” means any land at or below the ordinary high water mark of an aquatic area.

“Substantial improvement” means:

“Surface water” means all water naturally open to the atmosphere (rivers, lakes, reservoirs, streams, impoundments, seas, estuaries, etc.) and all springs, wells, or other collectors which are directly influenced by surface water.

“Surface water discharge” means the flow of surface water into receiving water or another discharge point.

“System improvements” means public facilities that are included in the City’s capital facilities plan and are designed to provide service to service areas within the City, in contrast to project improvements. (Ord. 04-25 § 7 (Exh. A); Ord. 15-24 § 2 (Exh. A); Ord. 08-21 § 4 (Exh. C); Ord. 03-19; Ord. 08-18; Ord. 08-18 § 4 (Exh. B); Ord. 10-17 § 6 (Exh. D); Ord. 06-17 § 5 (Exh. C); Ord. 26-16 §§ 24, 25, 26, 27, 29; Ord. 16-16 § 7; Ord. 05-15 § 1 (Exh. A); Ord. 09-12 § 2 (Exh. B); Ord. 01-12 § 1 (Exh. 1); Ord. 10-10; Ord. 10-10 § 3 (Exh. C); Amended at request of department 2/08; Ord. 14-05 §§ 2, 3; Ord. 42-02 § 2 (21A.06.1015, 21A.06.1020, 21A.06.1025, 21A.06.1030, 21A.06.1035, 21A.06.1040, 21A.06.1045, 21A.06.1050, 21A.06.1055, 21A.06.1060, 21A.06.1062, 21A.06.1065, 21A.06.1070, 21A.06.1075, 21A.06.1080, 21A.06.1085, 21A.06.1090, 21A.06.1095, 21A.06.1100, 21A.06.1105, 21A.06.1110, 21A.06.1115, 21A.06.1120, 21A.06.1125, 21A.06.1130, 21A.06.1135, 21A.06.1140, 21A.06.1145, 21A.06.1150, 21A.06.1155, 21A.06.1160, 21A.06.1165, 21A.06.1167, 21A.06.1170, 21A.06.117, 21A.06.1175, 21A.06.1177, 21A.06.1185, 21A.06.1190, 21A.06.1195, 21A.06.1200, 21A.06.1210, 21A.06.1215, 21A.06.1220, 21A.06.1225, 21A.06.1230, 21A.06.1235, 21A.06.1240, 21A.06.1245, 21A.06.1250, 21A.06.1255, 21A.06.1260, 21A.06.1265, 21A.06.1270). Formerly 18.20.1015 – 18.20.1268.5)

“TDC” means Transfer of Development Credits.

“TDC amenities” means improvements or programs that are implemented to facilitate increased densities on or near receiving sites inside cities or in the urban unincorporated area.

“TDC bank fund” means the fund established under Chapter 18.95 CMC.

“TDC conversion ratio” means the ratio by which development credits purchased from a sending site are converted into additional development capacity for use on a receiving site.

“TDC executive board” means the board established under Chapter 18.95 CMC.

“Temporary use permit” means permit to allow a use of limited duration and/or frequency, or to allow multiple related events over a specified period.

“Theater” means an establishment primarily engaged in the indoor exhibition of motion pictures or of live theatrical presentations.

“Theatrical production services” means an establishment engaged in uses located in SIC Industry No. 792 – Theatrical producers (except motion picture), bands, orchestras, and entertainers, except establishments primarily engaged in providing live theatrical presentations, such as road companies and summer theaters.

“Tightline sewer” means a sewer trunk line designed and intended specifically to serve only a particular facility or place, and whose pipe diameter should be sized appropriately to ensure service only to that facility or place. It may occur outside the local service area for sewers, but does not amend the local service area.

“Tower, guy” means a tower that is supported with cable and ground anchors to secure and steady the tower.

“Tower, lattice” means a tapered style of tower that consists of vertical and horizontal supports with multiple legs and cross-bracing and metal crossed strips or bars to support antennas or similar antenna devices.

“Tower, monopole” means a freestanding tower that is composed of a single shaft, usually composed of two or more hollow sections that are in turn attached to a foundation. This type of tower is designed to support itself without the use of guy wires or other stabilization devices. These facilities are mounted to a foundation that rests on or in the ground.

“Tower-mounted facilities” means a wireless communication facility that is mounted to a tower.

“Tower, wireless communication facility” means any structure that is designed and constructed primarily for the purpose of supporting one or more antennas, including self-supporting lattice towers, guy towers or monopoles. The term includes, without limitation, radio and television transmission towers, microwave towers, common carrier towers, cellular telephone towers, and alternative tower structures. The term does not include utility poles originally constructed for the use of small wireless facilities.

“Townhouses” or “townhomes” means buildings that contain three or more attached single-family dwelling units that extend from foundation to roof and that have a yard or public way on not less than two sides. Based on the attached configuration, townhomes may also be categorized as triplexes, fourplexes, fiveplexes, and sixplexes. Stacked or vertically arranged townhome units may be classified as multifamily housing under the International Building Code and may be subject to additional or different structural and fire safety requirements.

“Trails” means manmade pathways designed and intended for use by pedestrians, bicyclists, equestrians, and/or recreational users.

“Transfer station” means a staffed collection and transportation facility used by private individuals and route collection vehicles to deposit solid waste collected off site into larger transfer vehicles for transport to permanent disposal sites, and may also include recycling facilities involving collection or processing for shipment.

“Transit base” means an establishment for the storage, dispatch, repair and maintenance of coaches, light rail trains, and other vehicles of a public transit system.

“Transit station” means any structure or transit facility that is primarily used, as part of a transit system, for the purpose of loading, unloading, or transferring passengers from one mode of transportation to another.

“Transitional housing” is defined by RCW 84.36.043 as it currently exists or is amended in the future.

“Transmission line booster station” means an establishment containing equipment designed to increase voltage of electrical power transported through transmission and/or distribution lines to compensate for power loss due to resistance.

“Transportation system management (TSM)” means low-cost projects that can be implemented in a short time frame designed to increase the efficiency of existing transportation facilities. This also includes transit and/or ride sharing measures to decrease single occupancy vehicle trips.

“Tree, hazard” means any tree, as determined by a certified arborist, with a structural defect, combination of defects or disease resulting in structural defect that, under the normal range of environmental conditions at the site, will result in the loss of a major structural component of that tree in a manner that will:

“Triplex” means a residential building with three attached dwelling units. (Ord. 04-25 § 8 (Exh. A); Ord. 15-24 § 2 (Exh. A); Ord. 08-21 § 4 (Exh. C); Ord. 02-20 § 2 (Att. A); Ord. 03-19 § 4; Ord. 06-17; Ord. 06-17 § 5 (Exh. C); Ord. 09-12 § 2 (Exh. B); Ord. 10-10 § 3 (Exh. C); Ord. 14-05 § 3. Formerly 18.20.1269 – 18.20.1332)

“Ultimate roadway section” means a designation by City of Covington that the maximum roadway or intersection capacity has been reached and further right-of-way acquisition and/or improvements are not feasible to increase peak hour vehicle capacity.

“Unit density” means the number of dwelling units allowed on a lot, regardless of lot size.

“Use” means activity or function carried out on an area of land, or in a building or structure located thereon. Any use subordinate or incidental to the primary use on a site is considered an accessory use.

“Utility corridor” means a narrow strip of land containing underground or aboveground utilities and the area necessary to maintain those utilities. A “utility corridor” is contained within and is a portion of any utility right-of-way or dedicated easement.

“Utility facility” means a facility for the distribution or transmission of services, including:

“Utilities, major” or “utility facility, major” means utilities consisting of trunk lines or mains that serve neighborhoods, areas, and cities. Examples include, but are not limited to, solid waste handling and disposal sites, water transmission lines, water storage facilities, sewage treatment facilities and mains, power generating or transmission facilities, gas storage and transmission facilities, and stormwater mains and regional facilities.

“Utilities, minor” or “utility facility, minor” means utilities consisting of small-scale distribution and collection facilities connected directly to development. Examples include, but are not limited to, local power, telephone, cable, gas, water, sewer, and stormwater service lines.

“Utility pole” means a structure designed and used primarily for the support of electrical wires, telephone wires, television cable, traffic signals, or lighting for streets, parking areas, or pedestrian paths. (Ord. 04-25 § 9 (Exh. A); Ord. 08-21 § 4 (Exh. C); Ord. 09-19 § 8; Ord. 03-19 § 4; Ord. 06-17; Ord. 09-12 § 2 (Exh. B); Ord. 01-11 § 1; Ord. 10-10 § 3 (Exh. C); Ord. 14-05 §§ 2, 3; Ord. 42-02 §§ 2 (21A.06.1335, 21A.06.1345, 21A.06.1350). Formerly 18.20.1335 – 18.20.1351)

“Vactor waste” means liquid or solid waste material collected from catch basins, retention/detention facilities or drainage pipes.

“Vactor waste receiving facility” means a facility where vactor waste is brought for treatment and storage prior to final disposal.

“Variance” means an adjustment in the application of standards of a zoning code to a particular property.

“Vegetation” means any and all plant life growing at, below or above the soil surface.

“Vertical building modulation” means the stepping back or projecting forward vertical walls of a building face, within specified intervals of building width and depth, as a means of breaking up the apparent bulk of a structure’s continuous exterior walls. Vertical building modulation may be used to meet the facade articulation standards in CMC 18.31.530.

“Very low-income household” is defined by RCW 36.70A.030 as it currently exists or is amended in the future.

“Vocational school” means establishments offering training in a skill or trade to be pursued as a career. (Ord. 15-24 § 2 (Exh. A); Ord. 08-21 § 4 (Exh. C); Ord. 10-10 § 3 (Exh. C); Ord. 42-02 §§ 2 (21A.06.1352, 21A.06.1353, 21A.06.1355, 21A.06.1360, 21A.06.1365). Formerly 18.20.1352 – 18.20.1365)

“Warehousing and wholesale trade” means establishments involved in the storage and/or sale of bulk goods for resale or assembly, excluding establishments offering the sale of bulk goods to the general public which is classified as a retail use in CMC 18.25.070. These establishments shall include only SIC Major Group Nos. 50 and 51 and SIC Industry Group Nos. 422 and 423.

“Wastewater treatment facility” means a plant for collection, decontamination and disposal of sewage, including residential, industrial and agricultural liquid wastes, and including any physical improvement within the scope of the definition of “water pollution control facility” set forth in WAC 173-90-015(4) as amended.

“Water dependent use” means a land use which can only exist when the interface between wet meadows, grazed land and water provides the biological or physical conditions necessary for the use.

“Weather protection” means a permanent horizontal structure above pedestrian areas, such as sidewalks and building entries, that protects pedestrians from inclement weather.

“Wellhead protection area” (WHPA) means the portion of a well’s, wellfield’s, or spring’s zone of contribution defined using WHPA criteria established by the Washington Department of Health.

“Wetland” means areas that are inundated or saturated by surface water or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions.

“Wetlands” generally include swamps, marshes, bogs, and similar areas. “Wetlands” do not include those artificial wetlands intentionally created from nonwetland sites, including but not limited to irrigation and drainage ditches, grass-lined swales, canals, detention facilities, wastewater treatment facilities, farm ponds, and landscape amenities, or those wetlands created after July 1, 1990, that were unintentionally created as a result of construction of a road, street or highway. “Wetlands” may include those artificial wetlands, intentionally created from nonwetland areas created to mitigate conversions of wetlands.

“Wetland creation” means, for purposes of wetland mitigation, the manipulation of the physical, chemical, or biological characteristics present to develop a wetland on an upland or deepwater site, where a wetland did not previously exist. Wetland creation results in a gain in wetland acres. Activities to create a wetland typically involve excavation of upland soils to elevations that will produce a wetland hydroperiod, create hydric soils and support the growth of hydrophytic plant species.

“Wetland delineation” means identifying the line delineating the outer edge of a wetland, in accordance with the approved Federal wetland delineation manual and applicable regional supplement.

“Wetland enhancement” means the manipulation of the physical, chemical, or biological characteristics of a wetland site to heighten, intensify or improve specific functions or to change the growth state or composition of the vegetation present. Wetland enhancement results in a change in some wetland functions and may lead to a decline in other wetland functions, but does not result in a gain in wetland acres. Enhancement is undertaken for specified purposes such as water quality improvement, flood water retention or wildlife habitat. Wetland enhancement activities typically consist of planting vegetation, controlling nonnative or invasive species, modifying site elevations or the proportion of open water to influence hydroperiods or some combination of these.

“Wetland, forested” means a wetland that is dominated by mature woody vegetation or a wetland vegetation class that is characterized by woody vegetation at least 20 feet tall.

“Wetland functions” means natural processes performed by wetlands including functions which are important in facilitating food chain production, providing habitat for nesting, rearing and resting sites for aquatic, terrestrial and avian species, maintaining the availability and quality of water, acting as recharge and discharge areas for ground water aquifers and moderating surface and stormwater flows, as well as performing other functions including, but not limited to, those set forth in 33 CFR 320.4(b)(2), 1988.

“Wetland, isolated” means a wetland which is hydrologically isolated from other aquatic resources, as determined by the United States Army Corps of Engineers (USACE). Isolated wetlands may perform important functions and are protected by State law (Chapter 90.48 RCW) whether or not they are protected by Federal law.

“Wetland of high conservation value” means a wetland that has been identified by scientists from the Washington Natural Heritage Program (WNHP) as an important ecosystem for maintaining plant diversity in Washington State.

“Wetland reestablishment” means, for purposes of wetland mitigation, the manipulation of the physical, chemical, or biological characteristics of a site with the goal of returning natural or historic functions to a former wetland. Reestablishment results in rebuilding a former wetland and results in a gain in wetland acres and functions. Activities could include removing fill, plugging ditches, or breaking drain tiles.

“Wetland rehabilitation” means, for purposes of wetland mitigation, the manipulation of the physical, chemical, or biological characteristics of a site with the goal of repairing natural or historic functions (and processes) of a degraded wetland. Wetland rehabilitation results in a gain in wetland function but does not result in a gain in wetland acres. Activities to rehabilitate a wetland could include breaching a dike to reconnect wetlands to a floodplain or return tidal influence to a wetland.

“Wetland vegetation class” means a wetland community classified by its vegetation including aquatic bed, emergent, forested and shrub-scrub. To constitute a separate wetland vegetation class, the vegetation must be at least partially rooted within the wetland and must occupy the uppermost stratum of a contiguous area or comprise at least 30 percent areal coverage of the entire wetland.

“Wetpond” means an artificial water body constructed as a part of a surface water management system.

“Wildlife” means birds, fish and animals that are not domesticated and are considered to be wild.

“Wildlife habitat conservation area” means an area designated by the City to protect habitat of wildlife species proposed or listed by the Federal government or the State of Washington as endangered, threatened, sensitive, or a priority.

“Wildlife habitat network” means a designated wildlife habitat network defined and mapped by King County or as designated by the City that links wildlife habitat with critical areas, critical area buffers, priority habitats, trails, parks, open space and other areas to provide for wildlife movement and alleviate habitat fragmentation.

“Wireless communication facility” means any tower, antenna, ancillary structure or facility, or related equipment or component thereof, that is used for the transmission of radio frequency signals through electromagnetic energy for the purpose of providing phone, internet, video, information services, specialized mobile radio, enhanced specialized mobile radio, paging, wireless digital data transmission, broadband, unlicensed spectrum services utilizing part 15 devices, or other similar services that currently exist or that may in the future be developed.

“Wireless communication facility, building-mounted” means a wireless communication facility that is attached to an existing commercial, industrial, residential, or institutional building.

“Wireless communication facility, concealed facility” means a wireless communication facility that is not readily identifiable as such and is designed to be aesthetically and architecturally compatible with the existing building(s) on a site; or a wireless communication facility disguised, hidden, or integrated with an existing structure that is not a monopole or tower; or a wireless communication facility that is placed within an existing or proposed structure or tower or mounted within trees, so as to be significantly screened from view or camouflaged to appear as a nonantenna structure or tower (i.e., tree, light pole, clock tower, flagpole with flag, church steeple).

“Wireless communication facility equipment enclosure” means any structure above or below ground, including without limitation, cabinets, shelters, pedestals and other devices or structures, that is used exclusively to contain radio or other equipment necessary for the transmission and/or reception of wireless communication signals including, without limitation, air conditioning units and generators.

“Wireless communication facility equipment compound” means an outdoor fenced area occupied by all the towers, antennas, ancillary structure(s), ancillary facilities, and equipment enclosures, but excluding parking and access ways.

“Wireless communication facility, feed lines or coaxial cables” means cables used as the interconnection media between the transmission/receiving base station and the antenna.

“Wireless telecommunication carrier” means any person or entity that directly or indirectly owns, controls, operates, or manages any plant, equipment, structure, or property within the City for the purpose of offering wireless telecommunication service within the City.

“Work release facility” means a facility which allows the opportunity for convicted persons to be employed outside of the facility, but requires confinement within the facility when not in the place of employment.

“Wrecked, dismantled or inoperative vehicle” means a motor vehicle or the remains or remnant parts of a motor vehicle which is mechanically inoperative and cannot be made operative without the addition of vital parts or mechanisms or the application of a substantial amount of labor and is certified by the Department of Community Development as meeting at least three of the following requirements:

“Yard or organic waste processing facility” means a site where yard and garden wastes, including wood and land clearing debris, are processed into new products such as soil amendments and wood chips. (Ord. 08-21 § 4 (Exh. C); Ord. 42-02 § 2 (21A.06.1435). Formerly 18.20.1435)