A. For the purposes of this title, certain terms and words used herein shall be interpreted as follows:

1. “Lot” includes the words “plot” or “parcel.”

2. “Person” includes a firm, association, organization, partnership, trust, company or corporation as well as an individual.

3. “Shall” is mandatory; “may” is permissive.

4. “Used” or “occupied” includes the words “intended,” “designated” or “arranged to be used” or “occupied.”

5. The present tense includes the future tense, the singular number includes the plural, and the plural number includes the singular.

6. Terms used in this title which are not defined in this chapter shall be construed as defined in the Revised Code of Washington (RCW), the Washington Administrative Code (WAC), or Webster’s New Collegiate Dictionary.

B. Conflicts between definitions in this title shall be resolved by applying the definitions set forth in a specific chapter of this title first as the primary, applicable definition. (Ord. 974 § 1, 2018: Ord. 722 § 48, 1998; Ord. 394 § 2.8.02, 1981)

“Accessory building” means a subordinate building or portion of the main building, the use of which is incidental to that of the main building on the same lot. Each accessory building may be either attached to and made a part of the main building or detached, but shall be constructed such that: (A) if it is attached to or a part of the main building, the size of the accessory use portion of the building does not exceed the lesser of 100 percent of the total square footage of the main floor of the building or 1,600 square feet; or (B) if the accessory building is detached from the main building, it shall be constructed such that the size of the accessory building does not exceed 1,600 square feet. Each residential lot shall be limited to two accessory buildings, inclusive of any attached or detached private garage. For purposes of this section, a residential lot shall include any lot within a residential use zoning district of the city upon which the primary building is developed for use as a single-family residence. When an accessory building is constructed pursuant to the standards and requirements set forth herein, such building shall be considered an integral part of the main building and such accessory building shall comply in all respects with the requirements of this title applicable to the main building as provided. A detached accessory building shall be no closer than 10 feet to the main building, except that covered walkways or breezeways between main and accessory buildings shall be permitted. (Ord. 924 § 1, 2013: Ord. 394 § 2.8.04, 1981)

“Accessory living quarters” means living quarters within an accessory building for the sole use of the family or for persons employed on the premises, or for the temporary use of guests of the occupants of the premises; such accessory living area has no kitchen facilities and is not rented or otherwise used as a separate dwelling unit; the term “accessory living quarters” includes the term “guest house.” (Ord. 722 § 49, 1998)

“Accessory use” means on the same lot with, and of a nature customarily incidental and subordinate to, the principal use or structure. (Ord. 394 § 2.8.02, 1981)

“Alley” means a thoroughfare which has been dedicated or deeded to the public for public use and affords a secondary means of access to abutting property. (Ord. 394 § 2.8.06, 1981)

“Apartment building” means any building which is rented, leased, let or hired out to be occupied or which is occupied as the home or residence of more than two families living independently of each other and having separate cooking facilities in the separate living quarters within the building and including owned condominium units in such building. This definition shall include, but not be limited to, flats, triplexes, apartments and other buildings so used. (Ord. 394 § 2.8.08, 1981)

“Bed and breakfast inn” means a residence where sleeping, bathing and toilet accommodations and one or more meals daily for one or more persons are provided for hire on a daily or weekly basis, for a term not to exceed three weeks, and where the living spaces of the residents are shared by the paying guests. (Ord. 722 § 50, 1998)

“Board” means the hearing examiner of the city appointed pursuant to Chapter 2.48 DPMC. (Ord. 974 § 1, 2018: Ord. 394 § 2.8.10, 1981)

“Building” means a structure having a roof, but excluding all forms of vehicles even though immobilized. Where this title requires, or where special authority granted pursuant to this title requires that a property use shall be entirely enclosed within a building, this definition shall be qualified by adding “and enclosed on all sides.” (Ord. 394 § 2.8.12, 1981)

“Building department” means the employees hired by the mayor on the behalf of the city to perform specified tasks assigned by the city administration to facilitate the collection of building fees and compliance with the provisions of the chapters within this title. (Ord. 722 § 51, 1998; Ord. 605 p.2 § 1, 1991).

“Building height” means the vertical distance measured from the highest elevation of the proposed finished grade around the building 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. (Ord. 394 § 2.8.14, 1981)

“Business or professional office” means an office wherein business, technical or scientific services are rendered involving labor, skill, education and special knowledge for certain compensation or profit, but such labor, skill, education and special knowledge being predominantly mental or intellectual, rather than physical, manual or mercantile in nature. Examples of such uses would include but not be limited to the offices of lawyers, accountants, dentists, physicians, brokers, insurance agents and optometrists. (Ord. 394 § 2.8.16, 1981)

“Camping vehicle” means a travel trailer, whose overall length does not exceed 28 feet, a pickup camper or similar vehicular dwelling used for travel, vacation or recreational purposes. (Ord. 394 § 2.8.18, 1981)

“Club” means an association of persons for some common purpose, but not including groups organized primarily for commercial, professional or other business purposes. (Ord. 394 § 2.8.20, 1981)

“Commercial recreation” means any commercial use of land or structures for the amusement, skill development or as a pastime for the patrons of such establishment. Examples would include but not be limited to bowling alleys, billiard parlors, skating rinks and indoor and drive-in theaters. (Ord. 394 § 2.8.22, 1981)

“Commission” means the duly constituted planning commission of the city. (Ord. 394 § 2.8.24, 1981)

“Conditional use” means a use that would not be appropriate generally or without restriction throughout the zoning division or district by which, if controlled as to number, area, location or relation to the neighborhood, would promote the public health, safety, welfare, order, comfort, convenience, appearance, prosperity or general welfare. Such uses may be permitted in such zoning division or district as special exceptions, if specific provision for such special exceptions is made in this title. (Ord. 394 § 2.8.26, 1981)

“Council” means the duly constituted legislative authority of the city. (Ord. 394 § 2.8.28, 1981)

“Duplex” means a single-family dwelling unit constructed in a group of two attached units, providing complete housekeeping facilities for two families. (Ord. 882 § 3, 2010)

“Dwelling unit” means a building or portion thereof providing complete housekeeping facilities for one family. (Ord. 394 § 2.8.30, 1981)

“Family” means one or more persons, but not more than four unrelated persons, whether or not related to each other by blood or marriage, occupying a single housekeeping unit and using common cooking facilities. (Ord. 394 § 2.8.32, 1981)

“Farm supplies” means supplies relating directly to the operation of a farm or ranch including, but not necessarily limited to, such commodities as commercial fertilizers, block salt, feed supplements, crop seed, grain feeds and similar commodities. (Ord. 394 § 2.8.34, 1981)

“Fence” means a barrier composed of posts or piers connected by boards, rails, panels or wire, or a masonry wall designed for the purpose of enclosing space or separating parcels of land. “Fence” does not include retaining walls. (Ord. 394 § 2.8.36, 1981)

“Private garage” means an accessory building or an accessory portion of the main building designed and/or used for shelter or storage of automobiles, boats and/or any other vehicles owned or operated by the occupants of the main building, and in which no occupation for profit is carried on. (Ord. 394 § 2.8.40, 1981)

“Gross floor area” means the sum of the gross horizontal areas within the surrounding walls of the several floors of a building, including interior balconies and mezzanines, but not including terraces and exterior stairs. (Ord. 394 § 2.8.38, 1981)

“Hazardous waste” means all dangerous and extremely hazardous waste as defined in RCW 70.105.010(15), except for moderate-risk waste as set forth in RCW 70.105.010(17). (Ord. 609, 1992)

“Hazardous waste storage” means the holding of hazardous waste for a temporary period. Accumulation of hazardous waste by the generator on the site of generation is not storage as long as the generator complies with the applicable requirements of WAC 173-303-200 and 173-303-201. (Ord. 722 § 53, 1998; Ord. 609, 1992. Formerly 18.08.214)

“Hazardous waste treatment” means the physical, chemical, or biological processing of hazardous waste to make such waste nondangerous or less dangerous, safer for transport, amenable for energy or material resource recovery, amenable for storage, or reduced in volume. (Ord. 722 § 53, 1998; Ord. 609, 1992. Formerly 18.08.215)

“Off-site hazardous waste treatment and storage facility” means treatment and storage facilities which treat and store hazardous wastes generated on properties other than those on which the off-site facilities may be located. This use is always the primary use of the property. (Ord. 722 § 53, 1998; Ord. 609, 1992. Formerly 18.08.213)

“On-site hazardous waste treatment and storage facility” means treatment and storage facilities which treat and store hazardous wastes generated on the same property. This activity is always the accessory use to a primary activity on the property. (Ord. 722 § 53, 1998; Ord. 609, 1992. Formerly 18.08.212)

“Group home” means any home, place, or institution, as defined by state law and licensed by the state of Washington, as a residence and treatment facility for children or adults with mental disabilities, alcoholism, or drug abuse problems needing a supervised living arrangement and rehabilitation services on a short-term or long-term basis. (Ord. 722 § 54, 1998)

“Home occupation” means an occupation carried on entirely within a residence, which is clearly incidental to the use of the residence as a dwelling and does not change the residential character and is conducted in such a manner as to not infringe upon the right of the neighboring residents to enjoy a peaceful occupancy of their homes for which the residential zone was created and primarily intended. (Ord. 722 § 55, 1998; Ord. 394 § 2.8.42, 1981)

“Hospital” means an institution receiving in-patients and out-patients and rendering medical, surgical and/or obstetrical care. This definition includes clinics. (Ord. 394 § 2.8.44, 1981)

“Hotel” means any building or portion thereof containing six or more guest rooms used or intended or designed to be used, let or hired out to be occupied, or which are occupied by six or more paying guests, other than apartment buildings, and shall include hotels, lodging and rooming houses, dormitories, turkish baths, bachelor hotels, studio hotels, public and private clubs and any building of any nature whatsoever so occupied, designed or intended to be occupied, except jails, hospitals, asylums, sanitariums, orphanages, prisons, detention homes or similar buildings where human beings are housed and detained under legal restraint. (Ord. 394 § 2.8.46, 1981)

“Household services” means maintenance and repair services characteristically provided to households such as, but not limited to, television repairing and servicing, rug and drapery cleaning, sewing, janitorial services, painting, plumbing and heating contractor, upholstery repairing and appliance repair services. (Ord. 394 § 2.8.48, 1981)

“Lot” means a parcel of land of at least sufficient size to meet minimum zoning requirements for use, coverage, area and yards. Such lot shall have frontage on an improved public street, and may consist of:

A. A single lot of record;

B. A portion of a lot of record;

C. A combination of complete lots of record, of complete lots of record and portions of lots of record, or of portions of lots of record;

D. A parcel of land described by metes and bounds; provided, that in no case of division or combination of parcels of land shall any residual lot or parcel be created which does not meet the requirements of this title. (Ord. 394 § 2.8.50, 1981)

“Lot depth” means the distance between the midpoints of straight lines connecting the foremost points of the side lot lines in front and the rearmost points of the side of lot lines in the rear. (Ord. 394 § 2.8.52, 1981)

“Lot frontage” means that portion of the lot nearest the street. For the purpose of determining yard requirements on corner lots and on through lots, all sides of the lot adjacent to public streets shall be considered frontage and yards shall be provided as indicated in this title. On a plat or replat a 60-foot frontage is required. (Ord. 394 § 2.8.54, 1981)

“Lot line” means a line bounding a lot; synonymous with “street line” when a lot line coincides with a right-of-way line of an abutting street.

A. “Front lot line” means, for interior lots, the lot line abutting on a street. When a corner lot or double frontage lot has nearly equal frontage on two streets, designation of the front lot line shall be at the discretion of the lot owner.

B. “Rear lot line” means the lot line opposite and farthest from the front lot line. For a pointed or irregular lot, the rear lot line shall be an imaginary line, parallel to and farthest from the front lot line, not less than 10 feet long and wholly within the lot.

C. “Side lot line” means any lot line other than a front or rear lot line; in the case of a corner lot, the lot line abutting the side street is termed an “exterior side lot line;” all other side lot lines are termed “interior side lot lines.” (Ord. 394 § 2.8.56, 1981)

“Lot of record” means a lot which is part of a subdivision recorded in the office of the county auditor, or a lot or parcel described by metes and bounds, the description of which has been so recorded. (Ord. 394 § 2.8.58, 1981)

The following illustrates terminology used in this title with reference to lot types:

A. “Corner lot” means a lot located at the intersection of two or more streets.

B. “Interior lot” means a lot other than a corner lot with frontage only on one street other than an alley.

C. “Through lot” means a lot other than a corner lot with frontage on more than one street other than an alley and may also be referred to as double frontage lots. (Ord. 394 § 2.8.58, 1981)

“Lot width” means the distance between straight lines connecting front and rear lot lines at each side of the lot, measured across the rear lot lines at each side of the lot, and measured across the rear of the required front yard; provided, however, that width between side lot lines at their foremost points (where they intersect with the street line) shall not be less than 80 percent of the required lot width except in the case of lots on the turning circle of cul-de-sacs, where the 80 percent requirement shall not apply. (Ord. 394 § 2.8.60, 1981)

A “manufactured home or structure” is a “designated manufactured home” as defined in RCW 35.63.160. (Ord. 974 § 1, 2018: Ord. 722 § 56, 1998; Ord. 583 § 4, 1990)

A “new manufactured home” is as defined in RCW 35.63.160. (Ord. 974 § 1, 2018)

A “mobile home or structure” means a mobile home or structure or a manufactured home or structure that is at least eight feet wide and 28 feet long and is not a “designated manufactured home.” (Ord. 974 § 1, 2018: Ord. 722 § 57, 1998; Ord. 394 § 2.8.62, 1981)

“Mobile home lot” means a portion of a mobile home park or mobile home subdivision used or intended to be used for parking of one mobile home, one manufactured or designated manufactured home, including the land covered by the mobile home, adjacent open spaces and attached or detached accessory buildings and structures. (Ord. 583 § 5, 1990; Ord. 394 § 2.8.64, 1981)

“Mobile home park” is a parcel of land or premises under unified ownership or management which has been planned, designed, and constructed for the placement of owner occupied, leased or rented independent mobile homes, manufactured homes, designated manufactured homes, or modular homes for use as single-family detached one-story residences on individual rented or leased spaces, including any land, buildings, structures, or facilities used by occupants of mobile homes, manufactured homes, designated manufactured homes, or modular homes on such premises. (Ord. 605 p.2 § 2, 1991; Ord. 583 § 6, 1990; Ord. 394 § 2.8.66, 1981)

“Mobile home subdivision” means three or more lots designed and platted and intended primarily for the sale or lease of individual lots to the public for the residential occupancy by mobile homes, manufactured homes, or designated manufactured homes. (Ord. 605 p.2 § 3, 1991; Ord. 583 § 7, 1990; Ord. 394 § 2.8.68, 1981)

A “modular home or structure” means any prefabricated unit (constructed off site), intended to be a dwelling unit or intended to house a nonresidential use, designed to be used with a permanent foundation, has been equipped with built-in utility and service connections, which is movable in two or more parts by a separate mode of transportation. A “modular home or structure” shall be built to the federal standards identified in RCW 35A.21.312 and comply with all other requirements of this title applicable to the location of a site-built home or structure as set forth in this title. (Ord. 974 § 1, 2018: Ord. 722 § 58, 1998; Ord. 605 p.2 § 1, 1991)

“Motel” means a group of two or more detached or semidetached living or sleeping units designed for use primarily by automobile transients. (Ord. 394 § 2.8.70, 1981)

“Nonconforming use” means a lawful use of land or structure in existence on or at the time of any amendment to the ordinance codified in this title and which does not conform to the use regulations of the zone in which such use is located. (Ord. 394 § 2.8.72, 1981)

“Occupancy” means the purpose for which a building is used or intended to be used. For purposes of this title a change of occupancy is not intended to include change of tenants or proprietors, but is intended to indicate a change in the type of use. (Ord. 394 § 2.8.74, 1981)

“Open space” means any area which has been landscaped or left undisturbed in a natural state. Open air patios and any outdoor space devoted to recreation or leisure activities shall be considered as open space. Driveways and off-street parking areas may be considered as open space. (Ord. 394 § 2.8.76, 1981)

“Off-street parking space” means not less than 180 square feet of parking stall plus necessary maneuvering space. Space for maneuvering incidental to parking or unparking shall not encroach upon any public way. (Ord. 394 § 2.8.78, 1981)

“Personal services” means services rendered to individuals for their personal physical appearance and conditioning needs. Examples would include but not be limited to the following types of services: barber, beautician, masseur, and steam and sauna baths. (Ord. 394 § 2.8.80, 1981)

“Planning department” means the employees hired by the mayor on the behalf of the city to perform specified tasks assigned by the city administration to facilitate in adapting the goals of the comprehensive plan and to insure compliance with the provisions of the chapters within this title. (Ord. 722 § 59, 1998; Ord. 605 p.2 § 1, 1991)

A “portable school classroom” means a structure, transportable in one or more sections, which requires a chassis to be transported, and is designed to be used as an educational space with or without a permanent foundation. The structure shall be trailerable and capable of being demounted and relocated to other locations as needs arise. (Ord. 722 § 60, 1998)

“Public use” means any use of land by a local, state or federal government agency. (Ord. 394 § 2.8.82, 1981)

“Public utility” means any use of land by a local, state or federal agency, or by any person, firm or corporation licensed or franchised by such a government agency involving the transportation or transmission of materials, signals or electrical energy by vehicle or through conduit, wire, pipe or other similar device. Typical examples of this would include water, gas and sewer mains, television or telephone lines, and refuse collection and public transportation. For the purpose of this title, such uses located or to be located on the properties they are to serve shall not be included in this definition. (Ord. 394 § 2.8.84, 1981)

“Sign” means any medium, including its structure and component parts, which is used or intended to be used to attract attention to the subject matter for advertising purposes, other than paint on the surface of a building. (Ord. 394 § 2.8.86, 1981)

“Street” means a thoroughfare not less than 20 feet in width which has been dedicated to the public and designated for public use as a street and which affords a primary means of access to abutting property. (Ord. 394 § 2.8.88, 1981)

“Structure” means anything constructed or erected with a fixed location on the ground or attached to something having a fixed location on the ground. “Structures” includes but is not limited to buildings, mobile homes, walls, fences, billboards and poster panels. (Ord. 394 § 2.8.90, 1981)

“Structural alteration” means any change, addition or modification in the supporting members of a building or structure such as bearing walls, columns, beams or girders, floor joists or roof joists. (Ord. 394 § 2.8.92, 1981)

“Supermarket” means a retail, self-service establishment selling primarily food items and normally operating two or more cash registers for that purpose. (Ord. 394 § 2.8.94, 1981)

“Townhouse” means a single-family dwelling unit constructed in a group of three or more attached units in which each unit extends from foundation to roof and with open space on at least two sides. (Ord. 882 § 3, 2010)

“Travel trailer/recreational vehicle” means a vehicle, self-propelled or otherwise, designed to temporarily shelter persons en route on a recreational or vacation trip, having a body width and length not exceeding the federal legal limits for highway usage. “Travel trailer/recreational vehicle” includes truck-mounted camper and self-propelled travel vans.

A. “Dependent trailer” means a trailer which does not have adequate bath facilities and flush toilets for long-term occupancy and should not be sited in a mobile home park for more than 30 days.

B. “Independent trailer” means a trailer which has adequate bath facilities and flush toilets and can be sited in a mobile home park for short-term residential occupancy. (Ord. 583 § 8, 1990; Ord. 394 § 2.8.96, 1981)

“Travel trailer park/recreational vehicle park” means a lot, parcel, or tract of land, or a portion of a mobile home park, having as its principal use the rental of space for temporary, short-term, transient occupancy by two or more travel trailers/recreational vehicles including any accessory building, structures and uses customarily incidental thereto. (Ord. 583 § 9, 1990; Ord. 394 § 2.8.98, 1981)

“Trailer/recreational vehicle” is designed to be used primarily for human habitation and having permanently affixed cooking and sanitation facilities which is legal to be transported on the streets and highways by private means. Its placement is temporary in nature. Trailer can include any cab-over camper, travel trailer, or motor home of any type. (Ord. 583 § 10, 1990; Ord. 394 § 2.8.100, 1981)

“Trailer park/mobile home park” means a tract of land where space is made available for trailer, manufactured or designated manufactured home occupancy in compliance with applicable state and local laws. (Ord. 583 § 11, 1990; Ord. 394 § 2.8.102, 1981)

“Usable floor area” is a term used in computing parking requirements, meaning the aggregate area of a building enclosed by the interior face of exterior walls on the first story, and including the floor area, similarly measured, of each additional story which is connected to the first story by a fixed stairway, escalator, ramp or elevator, and the floor area of all accessory buildings, measured similarly, but excluding that part of any floor area which is occupied by heating, ventilating or other permanently installed equipment required for operation of the building, and by unenclosed porches, light shafts, public corridors and public toilets. For uses not enclosed within a building, the area for sales, display or service shall be measured to determine equivalent usable floor area. (Ord. 394 § 2.8.104, 1981)

“Variance” means an authorized relaxation of the terms of this title where such variance will not be contrary to the public interest and where, owing to conditions peculiar to the property and not the result of the actions of the applicant, a literal enforcement of this title would result in unnecessary and undue hardship. As used in this title, a variance is authorized only for height, area and size of structure or size of yards and open spaces; establishment or expansion of a use otherwise prohibited shall not be allowed by variance, nor shall a variance be granted because of the presence of nonconformities in the zoning division or district or adjoining zoning divisions or districts. (Ord. 394 § 2.8.106, 1981)

“Vehicle” means any contrivance in or on which persons or things may be contained, carried or conveyed, whether in motion or standing, and includes mobile homes or trailer houses as defined in this chapter, whether or not fixed or fitted with wheels or runners. (Ord. 394 § 2.8.108, 1981)

“Yard” means a required open space unoccupied and unobstructed by any structure or portion of a structure from three feet above the general ground level of the graded lot upward; provided, however, that fences and walls may be permitted in any yard subject to limitations as indicated herein. (Ord. 394 § 2.8.110, 1981)

“Front yard” means a yard extending between side lot lines across the front of a lot and abutting the front property line. Depth of required front yards shall be measured at right angles to a straight line joining the foremost points of the side lot lines. The foremost point of the side lot line, in the case of rounded property corners at street intersections, shall be assumed to be the point at which the side and front lot lines would have met without such rounding. Front and rear yard lines shall be parallel. (Ord. 394 § 2.8.112, 1981)

“Rear yard” means a yard extending across the rear of the lot between inner side yard lines. In the case of through lots there will be no rear yard. Depth of required rear yards shall be measured at right angles to a straight line joining the rearmost points of the side lot lines. The forward rear yard line of a required rear yard shall be parallel to the straight line so established. (Ord. 394 § 2.8.114, 1981)

“Side yard” means a yard extending from the rear line of a required front yard to the rear lot line. In the case of through lots, side yards shall extend from the rear lines of the front yards required. In the case of corner lots with normal frontage, there will be only one side yard, adjacent to an interior lot. Width of required side yards shall be measured at right angles to a straight line joining the ends of front and rear lot lines on the same side of the lot. The inner side yard line of a required side yard shall be parallel to the straight line so established. (Ord. 394 § 2.8.116, 1981)

“Zero lot line” means the location of a residential building on a lot in such a manner that one or more building sides have no side building setback and rest directly on a side lot line. In the case of a duplex, the common side wall between the dwelling units may rest on the common side lot line. In the case of townhouses attached along common walls, both side walls of interior dwelling units in the townhouse building may rest on the common side lot lines, while the end units of the townhouse building must observe the duplex criteria. The purpose is to create a more efficient development. (Ord. 882 § 3, 2010)